„Application“ means an Android or iOS application of the same name through which the Service is provided;
„Copyright Act“ means Act no. 121/2000 Sb., on Copyright, Rights Related to Copyright and on the Amendment of Certain Acts, as amended;
„Civil Code“ means Act no. 89/2012 Sb., Civil Code, as amended.
„Conditions“ mean these Conditions of Use of Brewee Service;
„Evaluation“ means a User’s post accessible to the other Users. An evaluation usually consists of the evaluation itself, a text comment and/or graphic, image (photo), audiovisual (video) or other content;
„Regulation“ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ;
„Brewery“ means a gastronomic facility included in the Service;
„Profile“ means a User’s account created by registration;
„Operator“ means MobileSoft s.r.o., identification no.: 02573857, a company with its registered office at Českoskalická 650, 549 41 Červený Kostelec, registered in the Commercial Register administered by the Regional Court in Hradec Králové, section C, file 33165;
„Service“ means Brewee service, the purpose of which is the evaluation of gastronomic facilities – Breweries – by the Users;
„User“ means any individual who uses the Application or a visitor to the Web Interface;
„Web Interface“ means the online version of the Service available at www.brewee.app;
- Basic provisions and registration of the User; interface and registration for Breweries
- The Operator provides Brewee Service that may be used by the Users through the Application or the Web Interface. The Service enables them to search for and evaluate Breweries listed therein.
- Without a registration, the Users can browse the Breweries in the Service, and read the evaluations created by other Users. A registered User may post Evaluations of Breweries through their Profile. They can also suggest adding new Breweries to the Service.
- Users may register free of charge through the Application or Web Interface. In the course of registration, Users enter their user name, password and their email and the country of residence. The Registration is made online. After a User’s Profile is created, the User may add their profile photo and/or other information.
- Users are fully liable for the use of the user name, password and/or other login data entered during the Registration process. Users are obliged to keep their login data confidential and secure and to adopt adequate measures to maintain the security and confidentiality of their login data (including changing their login data regularly). Should their login data be revealed, stolen or misused, the Users are obliged to change their login data immediately and
inform the Operator by sending an e-mail to email@example.com.
- Contact persons of the Breweries are entitled to use the interface of the Application designed for the Breweries and the Service. The relationship between the particular Brewery and the Operator will be governed, where appropriate, by a separate contract or contracts, including issues relating to the processing and transfer of personal data between the Operator and the Brewery.
- Rights and obligations of the User
- In the course of using the Service, the Users are obliged to observe the Conditions; in particular they are obliged to pay attention that the content of their Evaluation is in full compliance with the Conditions.
- By using the Service, the User undertakes to:
- fulfil all of his/her obligations arising from the generally binding laws and regulations;
- refrain from any infringement of intellectual property (copyright, trade marks, patents etc.) of the Operator or third parties, including, but not limited to, making accessible, disclosing, copying, distributing, misusing or using illegitimately in any other way the content of the Service, i.e. photos, audiovisual records etc. protected by the Copyright Act or other generally binding laws and regulations.
- The User undertakes that in the course of his/her use of the Service that consists in publishing or sharing content, in particular Evaluation, such content will not include:
- defamatory, offensive, incitive or socially unacceptable links, comments, expressions, words or graphic or other statements concerning religion, race, sexual orientation, sex or certain groups of people or anything that could infringe personal rights of third parties (personality, dignity, honour, respect, privacy, personal expression, physical integrity) or be threatening or offensive, in particular in cases where such a link or comment may cause harm to an
individual or a certain group of people;
- untrue information and qualities concerning the User, the User may not pose as someone else or publish any content that does not belong to the User’s true identity;
- annoying political or religious opinions, including excessive and unreasonable use of national or religious symbols; and/or
- content that would incite any fraudulent or other behaviour that is in conflict with the generally binding laws and regulations.
- In particular, the User is not allowed to:
- promote, launch or publish through the Service any commercial activities of their own or third parties (excluding Breweries) or publish material that may cause harm to the reputation or interests of the Operator;
- interfere with the content of the Application or the Web Interface any way, in particular threaten or disrupt their operation, data content, integrity through source code decompilation, confidentiality, security or obtain any personal data of other Users illegitimately; or
- use the Service to sell goods, services or distribute promotional materials.
- The User represents that under the Copyright Act, he/she is the exclusive author of the content published by them or made accessible through the Service (i.e. including the Profile and its content), and/or they are entitled to publish, disseminate or otherwise dispose of the content in the necessary extent and that the content is not encumbered with any third party rights. Should the User provide the content for the purpose of being published (including
texts, photos, pictures, drawings or graphic art etc.), the User provides the Operator with an unrestricted, free, non-exclusive licence, both from the point of view of territory and quantity, for the duration of the property copyright, to use such content in any way permitted by the law, including circulating, processing, translating or modifying such content or combining it with other content or including it in a file. The licence under the preceding
sentence also includes the right to assign the licence as a whole or in part to any third party or to grant sub-licences to any third parties in the full extent (i.e. including the right to assign the licence to third parties or to grant sub-licences to third parties). The Operator is not obliged to use such a licence. The User undertakes to provide the Operator with an undisturbed exercise of the rights arising from the licence thus provided and take all
legal measures, without undue delay and without being called to do so, to eliminate any restrictions to the exercise of such rights.
- Trade marks, logos, graphics, images, photos, animations, videos and texts that are displayed through the Service and that are not a copyrighted work of the User, may not be reproduced, used, published, distributed, sold or shown without a prior written consent of the Operator.
- The User undertakes that he/she will inform the Operator without undue delay about any breach of any obligations specified herein. Each User is obliged to inform the Operator about a breach of the Conditions by another User and to notify any undesirable or improper content in the Service published by another User by sending a message to the Operator.
- Whenever a Brewery wishes to comment on the Evaluation or other information published, it can turn to the Operator via e-mail firstname.lastname@example.org.
- Operator’s liability
- In the extent permitted by the laws and regulations, the Operator is not liable for the content published by the User or anyone else in the Service, including their Profile and in particular the Evaluation. The Operator reserves the right to delete any content without a prior warning if the content is or may be regarded as inappropriate or in conflict with the Conditions or the generally binding laws and regulations, and the right to amend, change, delete
or prohibit any content that is considered as otherwise improper by the Operator. The Operator is entitled to restrict to any extent or delete the access to or publication of any communication, post, in particular reports, photos and/or videos that were published in the Service in conflict with the Conditions.
- In the course of use of the Services, the Operator is not liable for any services supplied by third parties, such as the quality of the Internet connection, the quality of telecommunication services etc.
- The Operator is not liable in any way for an unauthorized use of the Service or a Profile.
- In the extent permitted by the applicable laws and regulations, the Operator is in no way liable for any communications or posts of the Users published in the Service or in a User’s Profile.
- The Operator is not liable in case the use of the Service by a User is prevented or restricted as a result of the Application or the Web Interface being inaccessible due to any breakdown in the Internet operation or other circumstances of a technical nature that the Operator is unable to influence or the solution of which requires co-operation of third parties. The Operator is not liable for any loss of data of the User, with the exception of liability for
a breach of personal data security under the relevant provisions of the Regulation. The Operator reserves the right to restrict or temporarily suspend the operation of the Service without any compensation.
- The Operator is entitled to discontinue the provision of the Services to a User should the User breach any of the Conditions specified herein. The Operator is not liable for any loss caused to the User by a suspension of the Services and the User is not entitled to any compensation for any loss caused to the User by such a suspension.
- The User bears all legal consequences that arise as a result of a breach of obligations of the User, namely the obligations hereunder or obligations arising from the generally binding laws and regulations. The User is obliged to reimburse the Operator for any costs incurred as a result of third party claims against the Operator arising from any breach of obligations by the User. The entitlement of the Operator and third parties to a compensation for any
loss (damage to property and non-proprietary damage) resulting from a breach of any of the obligations of the User is not prejudiced.
- The User is not entitled to hold the Operator liable for any legal claims of third parties that arise based on a registration, by using the Services, the Application or the Web Interface or in connection therewith.
- Application and Web Interface
- The process of Registration and using the Services is described in the relevant section of the Application and the Web Interface and it may be amended or changed by the Operator at any time, from the point of view of graphic layout, content or otherwise. When completing the Registration and using the Services, the User is obliged to observe the relevant instructions in the Application or the Web Interface, unless such instructions are given herein. Any
instructions concerning the technical aspects of the Registration are considered as instructions given hereunder and are binding.
- The Operator will actively strive to prevent any technical issues, however, the Operator is unable to guarantee an uninterrupted accessibility of the Application or the Web Interface (or the Services).
- The Application may not be adapted or disseminated without the Operator’s consent. Any use of the Application or the Web Interface, or any parts or content thereof, by the User or for other than intended purposes in accordance with the Conditions, in particular any unauthorised dissemination of the content, is prohibited.
- Licence provisions
- The Operator is the exclusive copyright holder as well as the holder of other rights related to the Service, the Application and the Web Interface.
- The Operator grants to the User the licence to the Application and the related databases to be used by the User in the course of using the Application. The licence is granted free of charge, as non-exclusive, time-restricted for the period of use of the Application and without territorial limitations. The licence is granted for the use of the Application and databases in the manner and for the purpose arising from the Conditions and the purpose and
function of the Application and the User undertakes to observe it.
- Specifically, the User may not change the content of the Application or the Web Interface, reproduce, translate, disseminate, publish the content thereof, create derived works, disclose it to public, store it in any extent and in any manner etc.
- Any monitoring or interference with the technical or factual content of the Application and the Web Interface is prohibited (such as decomposition, decompiling, decoding or back analysis of any software or aspect incorporated in the Application or Web Interface). The User is not entitled to make any backup copies of any content of the Application and the Web Interface except their own copyrighted work. The User understands that any unauthorized
interference with the Application and the Web Interface or any unauthorized use of any rights connected with the Application and Web Interface (specifically the copyrights) may cause damage to the Operator that will be claimed against the User.
- The user understands that the Service may include intellectual property of third parties, in particular trademarks of the Breweries. The User does not acquire any rights in regard to the use of any trademarks, business names, logos, copyrights or any other types of intellectual property of the Operator or third parties. Any trademarks used in the Application are trademarks of third parties that are not related to the Operator.
- Final Provisions
- These Conditions govern all legal relations between the Operator and the User that arise in the course of the use of the Service. The use of the Service and the Conditions and the legal relations between the Operator and the User are governed by the Czech law, specifically by the Civil Code. In case of any discrepancies, the Conditions prevail over any directory provisions of the Civil Code. The Operator and the User agree that commercial usage will not be
taken into consideration in the fulfilment of the Conditions.
- The Operator is entitled to set off any of its claims against the claims of the User, in particular any compensation for damage, loss, unjust enrichment, fees, costs and other performances. The User is not entitled to set off any of his/her claims against the Operator’s claims or assign their claims against the Operator. The User hereby expressly agrees and gives his/her consent to the assignment or transfer of the rights and obligations of the Operator or
any part thereof to any third party or parties. The Operator undertakes to inform the User about any assignment or transfer.
- No unenforceability or invalidity of any provision hereof will result in the unenforceability or invalidity hereof as a whole. The Operator undertakes to replace such a provision with a valid provision that will be as close to the original one from the point of view of factual content and the economic effect as possible.
- The Operator is entitled to change the Conditions unilaterally.
The Conditions come into force and effect on 1.5.2019.