User/ Advertising User: TERMS OF SERVICE

Expats.cz legal official TOS (Terms of Service)


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PUBLISHED 12.10.2008
LAST UPDATED 11.06.2012



User/ Advertising User: TERMS OF SERVICE



Terms of Service

Updated as of June 1st, 2012

Please read the following important Terms of Service Agreement (the "Agreement") before accessing or using any of the various services (the "Services") made available to you (the "Member") by Howlings, SRO. ("Howlings") through http://www.expats.cz, or mobile applications or otherwise. By completing the registration process to a Howlings SRO website, you represent that you can and will be legally bound by this Agreement. No Member may participate where doing so would be prohibited by any applicable law or regulation.

A) Modifications

Howlings SRO reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at Howlings SRO's sole discretion. The most recent version of this Agreement will be posted on the Howlings SRO website. As a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should any Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with Howlings SRO in any way, Member's only recourse is to immediately:

(1) discontinue use of Howlings SRO websites;
(2) terminate Howlings SRO registration; and
(3) notify Howlings SRO of termination.

B) Description of Services

As a Member, you will be provided with a variety of Services, as described on the Howlings SRO website. Members may also utilize certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. Howlings SRO reserves the right to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at Howlings SRO's sole discretion, with or without notice to Members, and with no obligation to Members.

C) Member Conduct

Use of the Services by you, as Member, is subject to all applicable local, state, national and international laws and regulations. Howlings SRO reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does Howlings SRO guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, Howlings SRO, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that Howlings SRO deems appropriate to enforce its rights and pursue all available remedies. Without limitation, Howlings SRO reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:

1. Members shall not engage in any activity that constitutes harassment, including, but not limited to, excessive repetition when listing a person as a referral, repeated unwanted contact, interfering with a Member's use of site or stalking.
2. Members shall not list the email addresses or personal details of people unknown to them.
3. Members shall not list as referrals any email addresses that are fake, fictitious, or made up.
4. Members shall not list as referrals any email addresses which are owned by or belong to that member.
5. Members shall not attempt to interfere with any other person's use of the Services.
6. Members shall not misrepresent their identity or impersonate any person or entity, including, but not limited to, a Howlings SRO employee, forum leader, guide or host.
7. Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with the Howlings SRO website.
8. Members shall not use the Howlings SRO website to post, upload, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation unless within the commercial services available within Howlings SRO to be able to do so.
9. Members shall not use any portion of the Howlings SRO website or the Services to post, upload, email, transmit or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libellous, hateful, or racially, ethnically or otherwise objectionable.
10. Members shall not engage in any activity that is patently offensive or promote or otherwise solicits racism, bigotry, hatred or physical harm of any kind against any group or individual.
11. Members shall not use any portion of the Howlings SRO website or the Services to post, share, promote, depict, encourage, solicit or exchange content harmful to minors.
12. Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities.
13. Members shall not post content that displays pornographic or sexually explicit material of any kind unless within an area that is specifically designated requiring confirmation of being over the age of 18.
14. Members shall not attempt to gain unauthorized access to Howlings SRO's database or other computer systems.
15. Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Howlings SRO in connection with the Howlings SRO website or the Services.
16. Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Howlings SRO website.
17. Members shall not use any portion of the Howlings SRO website or the Services for any unlawful purpose.
18. Members shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Members.
19. Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account.
20. Members shall not publicly post information that poses or creates a privacy or security risk to another person.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Howlings SRO and its designees. Howlings SRO has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the Howlings SRO Services. Howlings SRO and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of Howlings SRO. Howlings SRO is not obligated to provide a Member with a warning prior to removal.

D) Privacy

Howlings SRO has established a Privacy Policy to explain to Members how their information is collected and used, which Member can read by clicking privacy policy. The policy explains how and when Howlings SRO may use Member information and content. Member's use of the Howlings SRO website or the Services signifies acknowledgment of, and agreement, to Howlings SRO's Privacy Policy. Members further acknowledge and agree that Howlings SRO may disclose Member's personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of Howlings SRO, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

E) Document Retention Schedule

All personal information collected by Howlings SRO in connection with your use of the Howlings SRO website, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, ip addresses and other data, will be stored by Howlings SRO indefinitely in a safe and secure manner.

F) Notice Regarding Commercial Email

MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM HOWLINGS SRO, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY HOWLINGS SRO FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

G) Member Account and Password

Once Member registers for Howlings SRO, Member will have a password and an account with Howlings SRO. Member is responsible for maintaining the confidentiality of Member's password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify Howlings SRO of any unauthorized use of Member's account or any other breach of security known to Member.

H) Mobile

Howlings SRO may offer the Services through a mobile website and/or mobile applications (collectively, the "Mobile Applications"). This Agreement governs all Services that are accessible on or through the Mobile Applications. If you use the Services on a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. Although we provide our Services through the Mobile Websites free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges.

J) Copyrights, Trademarks, Patents and Intellectual Property Rights

Member acknowledges that messages, files or other materials ("Content") contained on the Howlings SRO website and within Howlings SRO email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by Howlings SRO and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use Howlings SRO Content or third party Content only as expressly authorized by Howlings SRO or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the Howlings SRO Content or third party Content without expressly being authorized to do so by Howlings SRO or the third party advertiser. Although Howlings SRO does not claim rights ownership of Member content, Members automatically grant, and represent and warrant Howlings SRO a worldwide, irrevocable, perpetual, non-exclusive, and fully sub-licensable, license to use, copy, perform, display, and distribute said content. Members also automatically grant that Howlings SRO has the right to retain Members content on Howlings SRO sites even in the instance a Member is revoked from using a Howlings SRO site.

K) Termination

Either party may terminate use of the Howlings SRO website or the Services with or without cause at any time and effective immediately upon written notice to the other party. Howlings SRO may terminate with or without cause at any time and effective immediately, at Howlings SRO's sole discretion, including but not limited to Member's failure to conform to these terms and conditions of the Agreement. Howlings SRO shall not be liable to Member or any third party for termination of use of Howlings SRO or the Services. Member's right to use Howlings SRO or the Services shall cease immediately. Member shall have no right and Howlings SRO will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement.

L) DISCLAIMERS OF WARRANTIES

MEMBER AGREES THAT USE OF THE HOWLINGS SRO WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE HOWLINGS SRO WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HOWLINGS SRO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE HOWLINGS SRO WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, HOWLINGS SRO DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HOWLINGS SRO WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE HOWLINGS SRO WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, HOWLINGS SRO DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE HOWLINGS SRO WEBSITE OR THE SERVICES.

M) LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL HOWLINGS SRO BE LIABLE ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE HOWLINGS SRO WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE HOWLINGS SRO WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE HOWLINGS SRO WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE HOWLINGS SRO WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HOWLINGS SRO WEBSITE OR THE SERVICES OR ANY LINKS ON THE HOWLINGS SRO WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HOWLINGS SRO WEBSITE OR THE SERVICES OR ANY LINKS ON THE HOWLINGS SRO WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

N) Indemnification

Member agrees to indemnify and hold Howlings SRO, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Member agrees to hold Howlings SRO harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.

O) Governing Law

The Agreement and the relationship between Member and Howlings SRO shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to any conflict of law principles to the contrary. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and Howlings SRO nevertheless agree that the court should endeavour to give effect to your and Howlings SRO's intentions as reflected in the provision, and the other provisions of the Agreement shall remain unaffected and in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to Howlings SRO, the Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Howlings SRO makes no representation that any material and/or other content on this website is appropriate and/or available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access this website from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with all applicable laws.

P) Agreement

The Agreement constitutes the entire agreement between Member and Howlings SRO and governs your use of Howlings SRO and the Services, superseding any prior agreements between Member and Howlings SRO. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software or other services within Howlings SRO. The failure of Howlings SRO to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Updated as of June 1st, 2012