Conditions of use of the worldwide social network Okeee.com
(“Conditions of Use”)
Article I.
Preamble
Conditions of Use relate to the use of the Okeee webpage on the Internet address http://www.okeee.com (hereinafter referred to as “Okeee” or “We/Us”).
Article II.
The content and information sharing
The user (Article III) is the owner of the all content of the profile and of any information you publicize through Okeee. In case of any content to which the intellectual property rights relate (e.g. photographs, video, texts, design features, graphic works, illustrations, etc.) the user grants simultaneously, upon such placing on Okeee, the globally valid, transferrable royalty-free right with a possibility to grant sub-licence. Each user is aware of and agrees that upon registration on Okeee the profile content, any and all data and any other commentaries, provided by the user, including the sensitive personal data, are available for other users depending on the configuration of the user.
Article III.
The user, registration and securing of user account
- The user is deemed to be any natural or legal person. A person becomes a user upon registration on Okeee after having completed the registration process described on respective page. If the user wants to use the Okeee products he is obliged to pay the amount of USD 50 excl. VAT for VIP licence (VIP licence for the use of the Okeee social network). Following the payment the user receives a partner code and, and the same time, a user account is opened for him for the purpose of use of Okeee as a worldwide social network on which he can use the products – communicate with other participants through the main screen, messages and chat, establish contacts and share experience with them, view their contributions, store photographs and videos and make albums thereof, create websites, use the advertising system, participate in the creation of the worldwide social network, earn money, etc. The websites can be used e.g. for the purpose of promotion of a company, the advertising system can be used e.g. for the purpose of promotion of a person, company or profile, etc. The user is aware that upon payment of the VIP licence he is granted nonexclusive rights to use Okeee in compliance with the conditions of use and any information contained on Okeee, excluding the ownership rights to Okeee, for the period of one year. If the user does not pay the VIP licence a user account is opened for him without the possibility to use the Okeee products, except for the possibility to change the selected information about his profile.
- Each natural person intending to use Okeee must be legally qualified and over the age of 18. Natural person under the age of 18 can register and use Okeee only under supervision of adult person (parent or guardian) who gives consent to registration process and conditions of use. On registration a person is obliged to give correct and true personal data about himself/herself which are indicated as mandatory. Without provision of mandatory personal data it is not possible to complete the registration and use Okeee. The other data are provided voluntarily. The user can amend, change or modify the provided data at any time. The user acknowledges that some of the provided data have a nature of personal data within the meaning of applicable legal regulations. For this purpose in accordance with the applicable legal regulations the user gives his consent to Okeee as the administrator to the processing of the personal data provided to Okeee under the conditions of use for the purpose of registration and, furthermore, of marketing processing for the purpose of targeted advertising to other users. In this connection Okeeee declares that it protects and will protect the user’s personal data using the state-of-the-art hardware and software corresponding with the level of technical development.
- Upon registration the user of Okeee further undertakes:
- not to create more than one personal profile
- not to allow anybody to access his account and not to do anything that could endanger the security of the user account
- not to transfer his account, page or application of which the user is an administrator to other person without our previous written consent.
Article IV.
Safety and prohibited behaviour
Okeee shall do its best to be as safe as possible. However, we cannot guarantee the safety. In order to provide the highest safety possible we need cooperation of the user. For this reason every user of Okeee is prohibited:
- to send and publicize through Okeee any unapproved information of commercial nature (e.g. spam)
- to gather the content or information of the users using the automated means (e.g. using robots or “harvest” software referred to as harvesting bot, spider or scraper)
- to spread viruses or other harmful software
- to bully, intimidate or harass other user
- to publicize any content inciting to violence or being of pornographic nature
- offer the content the purpose of which is to provide advertising gifts, or to operate betting games without our prior written consent
- to use Okeee in illegal, deceptive, malevolent or discriminating way
- to use Okeee in such a way that it could be overloaded, shut down or its proper functioning could be endangered
Article V.
Payments and income
- Payments on Okeee are made through payment gateway for commonly available credit cards. In case that any defects occur during realization of payment through the Okeee payment gateway the user is entitled to proceed according to generally binding, applicable and effective legislation in force.
- Value added tax amounting to 20% will be charged to:
- persons under tax duty having the registered office or place of business in the Czech Republic (person under tax duty is deemed to be a natural or legal person carrying out economic activities independently).
- persons not obligated to pay tax having registered office on the territory of the European Community
- natural persons not obligated to pay tax having the permanent residence address or the residence where they stay most of the year on the territory of the European Community.
- Value added tax will not be charged to:
- persons under tax duty having the registered office or place of business on the territory of the European Community with the exception of the Czech Republic
- persons not obligated to pay tax having registered office or place of residence outside the territory of the European Community
- Any gains of the user from Okeee shall be subject to national legal regulations of the state in which the user is subject to tax duty.
Article VI.
Commercial communications and advertisement
Upon registration (Article III. par. 1) the user grants, pursuant to generally binding, valid and effective legal regulations, to Okeee an authorization to send to the user to his e-mail address as indicated in registration (Article III. par.1) any commercial communications from Okeee or any third persons as well as to attach advertisement or commercial notifications to the incoming e-mails.
Article VII.
Statutory advice of users providing sensitive data
Access of data subject to information
- If the data subject asks for information on the processing of his personal data the administrator is obliged to hand over such information without undue delay.
- The content of information always includes communication about:
- the purpose of personal data processing,
- personal data or categories of personal data as the case may be, which are subject of processing, including any information available and the source thereof,
- the nature of automated data processing in connection with its use for decision-making if, based on such processing, acts or decisions are made the content of which constitutes an interference with the rights and justified interests of the data subject,
- the recipient or categories of recipients as the case may be.
- For the provision of information the administrator is entitled to request adequate compensation not exceeding the costs necessary for the provision of information.
- Duty of the administrator to provide information to the data subject can be performed by the processor on behalf for the administrator.
Protection of the data subject’s rights
- Each data subject which finds out or believes that the administrator or processor carry out processing of his personal data in contrary to the protection of personal or private life of the data subject or in violation of law, especially if the personal data are inaccurate with regard to the purpose of processing thereof, can
- ask the administrator or processor for explanation
- request the administrator or processor to remedy the state that emerged. This may include namely the blockage, repair, completion or liquidation of the personal data.
- If the request of the data subject is found justified in accordance with Section 1 the administrator or processor shall remedy the defective state immediately.
- If the administrator or processor fails to satisfy the request of the data subject pursuant to Section 1, the data subject is entitled to turn to the Data Protection Office.
- Procedure according to Section 1 does not prevent the data subject from applying to the Data Protection Office directly.
- If damage other than to property incurred as a result of personal data processing a special law is applied in claiming the damages.
- If on processing of personal data the duties laid down by the law are breached by the administrator or by the processor both of them are liable for such breach jointly and severally.
- The administrator is obliged to inform the recipient, without undue delay, on the data subject’s request pursuant to Section 1 and on blockage, repair, completion or liquidation of personal data. This does not apply if it is impossible to inform the recipient or if extreme efforts would be required to take.
Article VIII.
Protection of other persons’ rights
Each user is obliged not to publicize in Okeee anything which would infringe or breach the third persons’ rights or would be otherwise illegal or contrary to good morals. If the user gathers and publicizes information of other users he is obliged to ask for their consent. In this connection the user is further obliged to explain to other users that their information is gathered and publicized by him and not by Okeee. Each user of Okeee acknowledges that he/she is fully responsible for the gathered or publicized information.
Article IX.
Exclusion of guarantees and liability for damage of Okeee, obligation of the user and Okeee
- The users acknowledge that Okeee is provided “lock stock and barrel” and “as it is”. We do not provide any guarantees to user as regards the functionality and availability of the services provided by us, especially the guarantee that the services will be provided without any defects and 24 hours a day. In relation to the content publicized by the user we do not provide any guarantees for the truthfulness, correctness, completeness and accuracy thereof and that the content does not breach the third persons’ rights.
- In connection with exclusion of guarantees (Article IX. par. 1) the user further acknowledges that using of services on Okeee is connected with certain level of risk and that he accepts such risk and agrees to take all reasonable steps in order to exclude or limit, in maximum extent possible, the possibility of occurrence of harm or other unfavourable consequences on his side in connection with the use of Okeee.
- The user agrees to indemnify us for any harm incurred by us as a result of breach of any provision of the conditions of use.
- Okeee agrees to take all steps in order to exclude or limit, in the maximum extent possible, the possibility of occurrence of any harm or other unfavourable consequences.
Article X.
Authorization of Okeee, termination of relationship between user and Okeee
- In case of breach of Article III par. 3 or Article IV. or in case of fulfilment of statutory duty we are authorized to lock up the user account and, at the same time, to make mutual settlement, including the cancellation of the partner code. In such case the user is further aware that we are entitled to proceed in accordance with Article IX. par. 3.
- The user is entitled to terminate the relationship with Okeee by providing Okeee with written notice of termination. In case of termination of relationship of the user with Okeee the user account shall be locked up and mutual settlement shall be made, including the cancelation of the partner code.
Article XI.
Final provisions
- Each person is obliged to read the conditions of use and express their consent thereto before they commence to use Okeee. The consent can be expressed factually by commencing to use Okeee and becoming the user thereof. If any person does not consent to the conditions of use it is obliged to abstain from the use of Okeee.
- We reserve an exclusive right to modify or alter Okeee or the conditions of use without previous notification of any user. Modifications or alterations shall be made namely due to improvement or enhancement thereof and for the purpose of further development of the provided products in the form of correction, modification or supplementing of the existing conditions of use or creation of completely new ones. Amendment of the conditions of use becomes effective on the date of publication of the latest full version thereof on Okeee. In this connection the user is aware that in case he will use the products following the date of publication of the latest version of the conditions of use on Okeee it is understood that he agrees to them. If the user does not agree with the latest version of the conditions of use on Okeee he is entitled to terminate the contractual relationship with Okeee (Article X. par. 2).
- Use of Okeee in any other way as stated in the previous articles is subject to prior written consent of Okeee.
- The conditions of use does not affect any statutory rights of the user which cannot be changed or waived.
- The users acknowledge that we are entitled to assign all rights and obligations arising from the conditions of use by the use of Okeee, in connection with merger, acquisition, sale of business or its part or for any other reasons as the case may be.
- If any of the provisions of the conditions of use is or becomes invalid or ineffective, it shall not affect the remaining provisions which shall remain valid and effective. For this case the invalid or ineffective provision shall be replaced by a new, valid and effective one corresponding best to the original intention of the invalid or ineffective provision. Until that time the corresponding regulation of the generally binding, valid and effective legal regulations shall apply.
Okeee