Webterms

WEBSITE TERMS

These terms govern the use of the website https://www.todayxxyearsago.com/ (hereinafter „Website“) which is operated by Beatrijs Irving, IČO 07197730, Bílá Skála 4, 338 08 Zbiroh, CR (hereinafter „TXXYA“  or “we”). Any use of this website by the visitor (hereinafter “you” or “user”) is subject to these Website Terms (hereinafter “Terms”).

Please read these Terms carefully prior accessing and using the Website as they relate to any use of Website and its content. By using or accessing the Website you acknowledge that you have carefully reviewed, and you agree to these Terms. If you do not agree with these Terms, you are not entitled to access or use the Website.  

  1. USE OF TXXYA WEBSITE
  1. Nothing contained herein shall be interpreted as the obligation of TXXYA to operate or ensure availability of the Website. TXXYA is entitled to limit, suspend or terminate operation of the Website at any time at its sole discretion.
  2. The user is obliged to use the Website in accordance with the purpose for which it was provided and in compliance with these Terms and all applicable laws. The user shall not use Website: (i) in any way that causes, or is likely to cause, interruption, damage or impairment to the Website in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.     
  1. USE OF DATA
  1. All processing of personal data on Website is governed by these Terms as well as Privacy Policy.
  2. TXXYA shall have the right to collect and analyse data, feedback suggestions and other information relating to the provision, use and performance of Website and to use such information and data without any restriction or compensation of any kind to improve and enhance Website and TXXYA services or for further development, diagnostic and corrective purposes in connection with the Website and/or TXXYA services. 
  3. If the user provides TXXYA with any reports of defects and/or suggests modifications (“Report”), TXXYA shall have the right to use such Report, including incorporating such Report into Website or any other TXXYA products and services, without any obligation to the user. The user agrees that only TXXYA shall have the right to enhance or otherwise modify TXXYA products and services.  Unless specifically agreed otherwise in writing, TXXYA reserves all rights and grants the user no licenses of any kind, whether by implication or otherwise. TXXYA shall own and retain all right, title and interest in and to (a) Website and all improvements, enhancements or modifications thereto or to its products and services; (b) any software, designs, inventions or other technology developed in connection with use of TXXYA products and services; and (c) information derived from analytical data, and (d) all intellectual property rights related to any of the foregoing.  
  1. INTELLECTUAL PROPERTY RIGHTS
  1. All content included in or made available through the Website, such as text, graphics, logos, button icons, images, etc. are the intellectual property of TXXYA and/or third parties and are protected by copyright, authors’ rights, trademark and database rights or other intellectual property rights as may be applicable and as such cannot be used in any way without TXXYA’ prior written consent. TXXYA holds and retains (or is a licensee of) all intellectual property rights in Website and all content.
  2. You may use Website and its content solely for personal, non-commercial, and private use subject to applicable copyright laws. You may not use any part of the Website without obtaining specific license to do so from TXXYA. You may not use any of the Website content or content from third parties or, as the case may be, any other authorized licensor without obtaining a specific license. 
  3. You may not copy, display, modify, download, reproduce, or transfer to a third party any part of the contents or material made available through Website without being granted written permission to do so.
  4. You understand and agree that you are responsible for compliance with any and all applicable laws. You also and especially agree not to i) access and extract information from Website via automated means; ii) make any steps which may cause an extraordinary load on Website; or iii) deep-link, mirror or frame any parts of Website. 
  5. Nothing contained on this site should be construed as permission for you or for anyone else to possess any license or right to use any trademarks or other intellectual property of TXXYA, partners or any third parties.
  6. In case you think that any intellectual property or other type of protected material may have been or is being infringed, please notify us by sending a notice to the address set out herein; such notice must include: 
    1. Identification of protected material, which is claimed to be infringed, identification of mode of protection and relevant register (if applicable);
    2. Description of how the relevant protected material is being infringed and role of our Website therein;
    3. Determination of owner/holder of protected material and his consent with sending this notice to us; 
    4. Your contact address; and 
    5. Your statement that you have a good faith to believe that the user of the material is not the owner, licensor or owner’s agent of protected material, that you are authorised to act on behalf of owner or exclusive licensor and your statement that you indemnify us and/or the intellectual property holder for any damage or losses caused if your representation within your notice turns out to be untrue.
  1. WARRANTY AND LIABILITY
  1. User shall defend, indemnify and hold harmless TXXYA from and against any and all damages, costs, expenses, liabilities, claims and causes of action, including, without limitation, reasonable attorneys’ fees, expenses and costs in the defence and disposition of such matters and in relation to enforcing this indemnification provision (together, “Damages”) in any way arising by reason of or relating to any claim by any third party (including any governmental authority) arising from or relating to a claim that (i) user has in any way infringed, misappropriated, breached or violated any copyright, patent, trade secret or other intellectual property right of TXXYA and/or any third party and (ii) user’s gross negligence or wilful misconduct, or (iii) user’s violation of applicable legislation or these Terms.
  2. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WEBSITE PROVIDED BY TXXYA IS PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TXXYA EXPLICITLY DISCLAIMS ALL EXPRESS AND IMPLIED, STATUTORY, OR OTHERWISE CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TXXYA MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY TXXYA’S CONTENT. TXXYA makes no warranty that the WEBSITE or any TXXYA’s content will meet the users’ requirements or be available on an uninterrupted, secure, virus-free or error-free basis. TXXYA makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Website, any service levels with respect to Website or any TXXYA’ content. The user acknowledges and agrees that if the user relies on any TXXYA’s content, the user does so solely at its own risk. 
  3. NEITHER TXXYA, ITS AFFILIATES, CONTRACTORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING WEBSITE OR RELATED SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT COSTS OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LITIGATION COSTS, LOSS OF DATA OR GOODWILL OR PRODUCTION, OR  BUSINESS OPPORTUNITIES, OR REPUTATION, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCT(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TXXYA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 
  4. IF THE CLAUSE 4.3. OF THE WEBTERMS IS INVALID OR VOID UNDER THE APPICABLE LAWS, YOU AGREE THAT THE TOTAL FORESEEABLE DAMAGE THAT (I) MAY ARISE OUT OF THE RELIANCE ON THE MATERIALS POSTED ON THIS WEBSITE, (II) MAY BE INCURRED DUE TO ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS WEBSITE, (III) YOU MAY INCUR AS A RESULT OF TRADEMARK INFRINGEMENT IS ONE HUNDRED (100) EUR. 
  5. Nothing in these Terms shall limit or exclude TXXYA liability for fraud, death or personal injury or any other matter that cannot be limited or excluded by applicable law.
  6. This site might provide links to other sites however inclusion of these links does not imply any endorsement of such linked sites or any association with their operations. TXXYA shall not be responsible for the contents of the linked sites or your use thereof.
  1. GENERAL LEGAL TERMS
  1. TXXYA shall not be treated as having waived any rights by not exercising or delaying the exercise of any rights under these Terms or under applicable laws.
  2. In the event one or more provisions of these Terms shall, or shall be deemed to, be invalid or unenforceable, the validity and enforceability of the other provisions of these Terms shall not be affected thereby. 
  3. TXXYA shall not be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including without limitation to, failure of power grid, failure of the Internet, natural disaster, weather event, war, riot, insurrection, epidemic, strikes, floods, acts of terror, labour action, terrorism, denial of service attacks or other malware/virus attacks other events beyond party’s reasonable control. 
  4. All communication (including any notice having a legal effect) shall be done solely by electronic means and shall be sent to the email address hello@todayxxyearsago.com or other email address as notified from time to time by TXXYA. 
  5. These Terms and any dispute or claims arising out of or in connection with it or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Czech Republic, excluding the United Nations Convention on Contracts for the International Sale of Goods.
  6. The courts of the Czech Republic shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms (including non-contractual disputes or claims).
  7. TXXYA shall be entitled to change these Terms at its sole discretion at any time. TXXYA shall notify user of any changes in these Terms through Website whereas users are obliged to check from time to time whether an information about changes to these Terms is published on the Website. Your continued use of Website is deemed as your acceptance of the new Terms. If you do not agree with these new Terms, you shall cease using Website. 

Effective date: 07. 12. 2020