1 | Mystorie s.r.o. with the registered office at Čs. Armády 251, 263 01 Dobříš, ID No. 175 77 888, TIN: CZ175 77 888, registered in the Commercial Register of the Municipal Court in Prague, file reference C 373185, is the operator of the www.lifestorieapp.com internet service, its variants and supporting computer programs (“LifeStorie” or the “Service”), (the “Operator”).
2 | Registration (setting up an account) is required to access or use certain parts of the LifeStorie website and Services. A visitor to the LifeStorie website (the “User”) who does not (yet) intend to use the website or Services may register as well. The User expressly agrees to the use of remote communication means when entering into a service agreement.
3 | The Operator reserves the right to require the provision of additional data at any time in the future and further reserves the right, in the event of failure to provide such data, to cancel the existing registration and/or not to allow access to websites/services that require registration or registration with certain data.
4 | The User acknowledges that the Operator is not obliged to enter into an agreement for the provision of the LifeStorie Service (may refuse to register the User), in particular persons who have previously materially breached the Terms of Service. In this regard, the Operator will keep a register of such persons to the extent necessary, in accordance with the relevant legislation.
5 | When registering, the User must enter truthful information.
6 | A registration form, available on the Terms of Service page, including instructions for completing and submitting it, is used for registration.
7 | Registration is free.
8 | Consent to the Terms is confirmed when a LifeStorie User sets up an account by clicking the appropriate button.
9 | The Operator will enable the User to store, process and share the content of the website (in particular photos, images, texts, video recordings) stored by the User, i.e. it will provide the User with information society intermediary services within the meaning of Section 5 of Act No. 480/2004 Coll., on certain information society services and on amendments to certain acts (Act on Certain Information Society Services), as amended (“Act No. 480/2004 Coll.”). The User is fully responsible for the content stored within the service.
10 | The User stores content on LifeStorie in albums which may contain unlimited number of content items.
11 | The User hereby declares to the Operator that he/she will not use LifeStorie for business activities without the Operator´s prior written consent. The User will not send unsolicited commercial communications within the Service. The User will not send information within the Service that is strikingly similar to third-party services or applications in order to confuse or mislead internet users (phishing, etc.). The User will not distribute computer viruses and other malicious software and content within the Service. The User will not take any action to prevent or restrict the operation of the Service or carry out other attacks on the server on which the Service is operated, nor assist any third party in the commission of such conduct. The User will not use the user account and the Service in a manner that restricts the use of the Service by other Users or otherwise limits the provision of the Service. In particular, the User must not overload the server on which the Service is operated with automated requests.
12 | The LifeStorie User agrees to upload on LifeStorie only content of which he/she is the author or whose author has given the User consent to make such content available through LifeStorie, and represents to the Operator that the upload and publishing of such content through LifeStorie will not unduly infringe third-party copyrights or other rights and legitimate interests (e.g. the right to the protection of personality of natural persons) and will not violate generally binding legislation.
13 | In particular, Users may not upload pornographic, racist or Nazi content on LifeStorie, content that violates generally binding legislation (e.g. the Charter of Rights and Freedoms, the Constitution and other laws of the Czech Republic) and good morals.
In accordance with Regulation (EU) No. 2021/784 of 9 April 2021 on combating the dissemination of terrorist content online, we hereby inform users that, in addition to the other restrictions set out in these Terms, it is prohibited to disseminate terrorist content through our Service in any way. Such content means any material that:
Given the nature of our Service and the current risks, no special measures are taken to combat terrorist content, including the use of automated tools. Should content erroneously identified as terrorist content be unjustifiably removed from our Service or made inaccessible, the User who shared such content may lodge a complaint regarding the removal or the inaccessibility of such content, requesting that it be restored or made accessible again, either by contacting the administrators of our Service or centrally at firstname.lastname@example.org.
Be advised that pursuant to Article 4(4) of Regulation (EU) No 2021/784, Users are entitled to submit a reasoned request for a review of the removal order (within the meaning of the first subparagraph of paragraph 3 of this Article) to the competent authority of the Member State in which our company has its main establishment (i.e. the competent authority of the Czech Republic) within 48 hours of receipt of the information referred to in Article 11(2) of this Regulation.).
14 | To the extent specified in Section 5 of Act No. 480/2004 Coll., and in accordance with this provision, the Operator is not responsible for the activities of the Users of its Service. The Operator is entitled (but not obliged) to carry out preventive checks of the content stored or distributed by the User within the Service. If such content violates these Terms, generally binding legislation or good morals, or is contrary to the interests of the Operator, the Operator is entitled to erase such information or prevent its dissemination or to terminate the provision of such Service to the respective User. Should a third party exercise its rights against the Operator in connection with the storage or dissemination of information stored or disseminated by the User within the Service, the Operator will be entitled to immediately remove the content stored or disseminated by the User within the Service promptly or to notify the relevant public authorities of such defective content.
15 | If the Operator suspects that the content of the information stored and made available by the user on LifeStorie is unlawful or unlawfully interferes with third-party rights, it is entitled to remove such content or temporarily or permanently make the relevant information unavailable and to terminate the provision of Services to the respective User, or to notify the relevant public authorities of such defective content.
16 | The volume of the content stored, processed and operated is limited to the size of the allocated disk space according to the LifeStorie parameters set by the Operator.
17 | The Operator is entitled to temporarily or permanently change the parameters and use of LifeStorie without prior notice.
18 | The Operator is under no circumstances responsible for the loss of User data.
19 | The Operator is entitled to unilaterally terminate the provision of LifeStorie Services to the User by giving notice to the User at the User´s e-mail address, with a notice period of 5 days commencing on the date of delivery. In the case of termination due to a breach of these Terms, the Service may be terminated or temporarily suspended without further notice to the User. The User may cancel his/her LifeStorie account at any time.
20 | Contractual relations between the Operator and Users are governed by Czech law. The Operator is authorized to conduct business under a trade license. Trade supervision is carried out within the scope of its competence by the competent trade license office.
Under Act No. 624/1992 Coll., Users who are consumers have the right to an out-of-court settlement of a consumer dispute arising from the relevant agreement. In the event that a consumer dispute arising from an agreement for the provision of Services arises between the Operator and the consumer, which cannot be resolved by mutual agreement, the consumer may submit a motion for out-of-court settlement of such dispute to the designated entity for the out-of-court settlement of consumer disputes, which is in this case: the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, email: email@example.com, website: adr.coi.cz. The consumer can also use the online dispute resolution platform set up by the European Commission at: http://ec.europa.eu/consumers/odr/.
22 | The Operator is entitled to change these Terms and individual rules, provided that such changes are binding for the Users visiting LifeStorie upon publication, or as otherwise determined by the Operator.
Date 7 November 2022