Terms and Conditions

Article 1 - Definition of terms

External Content	Any materials, particularly photography images or other graphic materials, which have been placed on the PIKLIO Server pages by other Users and the Provider.
Delivery conditions	General business conditions, on the basis of which results the entering into of Contracts and which are governed by the rights and obligations of the Provider and the User derived from the Contract. You may review the current version here.
Order	The Order of a User for delivery of PIKLIO Products sent by the User to the Provider via the Pages.
Contents	Internal content and External Content.
Personal information	Any information relating to certain or determinable natural persons. A person is determinable if from tax information (either independently or in connection with other information), including but not limited to, identification on the basis of forms, names, places of residence etc.
Conditions	These conditions of use for PIKLIO Pages and Services
PIKLIO Product	Any tangible item that can be purchased from or finished by the Provider or other persons via these Pages. PIKLIO Products include, in particular, photo albums, placards, notebooks, greeting cards and calendars in the form designed by you or other Users with the help of PIKLIO Services.
Project PIKLIO	A proposal for a specific PIKLIO Product created for you via the PIKLIO Pages and Services.
Provider	The commercial company PIKLIO s.r.o., established and existing in compliance with the laws of the Czech Republic, with headquarters at Křížová 2598, Praha 5, postcode 150 00, Co. Reg. No.: 28499654, Tax ID No.: CZ28499654, recorded in the Commercial Register administered by the Municipal Court in Prague in section C, file 146100.
PIKLIO Server	Data storage site, on which the User may store Content via the Pages.
PIKLIO Services	Searching and using the Pages and using any functions, products, channels, software, databases, data and services, including storing, browsing and using Content, provided by you on the Pages, from the Pages or their means, with the exception of sales of PIKLIO Products.
Contract	The Contract between the User and the Provider for delivering a PIKLIO Product, entered into by the acceptance of the Order by the Provider in the manner and at the moment established by the Delivery Conditions, created by the Order and the Delivery Conditions.
Pages	Web pages accessible at the Internet address www.piklio.com and possibly also other Internet addresses in the context of first rank national domains (e.g. www.piklio.cz, www.piklio.fr and others)
Account	Collection of data necessary for logging on to the Pages, for using PIKLIO Services and for ordering PIKLIO Products. For browsing certain parts of the Pages and to using the majority of PIKLIO Services, it is necessary to enter a logon name, which must consist of a valid email address and a logon password. For ordering any PIKLIO Product, it is necessary to enter identification and contact information, in particular name, surname, residential address, telephone number and time zone, in which the given User is located. If you are interested in providing licenses to other Users to use Internal Content for a fee, you need to fill in your bank account number. Optional information includes a nickname by which the given User may be identified in regard to other Users.
User	Each person who has registered for an Account on the Pages with the Provider and whose Account is active (i.e. has not been cancelled) has entered into a contract for using PIKLIO Services.
Internal content	Any materials, particularly photographs, images or other graphic materials, which you record via the Pages on the PIKLIO Server.
Principles of handling personal data	Information about how the Provider will handle your Personal Information provided during registration of the Account and during your use of the PIKLIO Pages and Services. You may review the current version here.

Article 2 - Using PIKLIO Pages and Services

Article 2.1

Your use of PIKLIO Pages and Services, as well as your relationship with other Users and visitors to the Pages, occurring when using PIKLIO Pages and Services, are governed by these conditions, which are introduced by the legally binding contract between you and the Provider, or you and other Users and visitors to the Pages. The Pages or Services of PIKLIO may not be used without the prior acceptance of these Conditions or in conflict thereto.

Article 2.2

Any Contract for Delivery of PIKLIO Products entered into between you and the Provider shall be governed by the Order and Delivery Conditions, the current versions of which you will be presented always prior to the shipment of the Order.

Article 2.3

You bear full responsibility for any possible breach of these Conditions, both toward the Provider as well as toward a third party, in particular, to other Users and visitors to the Pages.

Article 3 - Account Registration

Article 3.1

During Account registration, you are obligated to provide truthful and accurate information no less than in the scope of information denoted as mandatory for the given PIKLIO Service.

Article 3.2

You are obligated to protect the logon password and logon name to the Account and not to communicate it to any third party.

Article 3.3

Be aware that all use of PIKLIO Pages and Services under your logon name after entering the correct logon password will be considered as use of the PIKLIO Pages and Services directly by you and you are fully responsible for them. In case of a suspicion of misuse of your Account, you may immediately change your logon password and inform your suspicions to the Provider.

Article 3.4

You agree that all personal data communicated by you to the Provider during Account registration or acquired by the Provider later during your use of the PIKLIO Pages and Services, will be processed by the Provider according to the Principles of Handling Personal Data. By expressing consent to these Conditions, you also agree to the Principles of Handling Personal Data and confirm that you have been acquainted with them.

Article 4 - Using PIKLIO Services

Article 4.1

The character, form and scope of PIKLIO Services are determined exclusively by the functional applications accessible via the Pages at the given time. It is prudent to become familiar with and to fully comprehend every function of any application in the context of the Pages prior to using them. The section Pages Help is for this purpose. If at any time you are unsure even after reviewing Help, turn to the Provider. You are exclusively responsible (not under any circumstances the Provider) for damage caused by unintentional or uninformed use of the PIKLIO Pages or Services the results of which do not correspond to your expectations.

Article 4.2

In regard to the continuously rapid development of technology and applications in the Internet environment, it is not possible to guarantee in any way permanent or long-term providing of PIKLIO Services in an unchanged scope. You are aware of and agree to the fact that the character, form and scope of PIKLIO Services may change at any time without prior notification and without the necessity of your prior consent.

Article 4.3

Be aware that the PIKLIO Pages and Services may be unavailable occasionally due to maintenance, improvement or for technical or other reasons.

Article 4.4

Be aware that at any time, the Provider, at its own consideration and without requiring your prior consent, is entitled to limit or cancel the provision of all or some PIKLIO Services either just for you or also for others or for all Users.

Article 5 - Internal content

Article 5.1

You may record internal content via the Pages to the PIKLIO Server, make it available to other Users and visitors to the Pages and enable other Users to use it in the context of PIKLIO Services and PIKLIO Products only if this does not lead to a breach of any rights of third parties, particularly authors of photographs and other graphic materials, the rights of database producers from which materials have been obtained, or persons captured in photographs (for example the rights for use of likenesses, rights to protection of personal data or the rights to protection of privacy, honor or good reputation), or to breach of any legal regulations.

Article 5.2

By recording any Internal Content on the PIKLIO Server and in the case of already recorded Internal Content also any change in settings determining options for access by other Users and visitors to the Pages to this Internal Content, possibly also the option for its further use, you declare and guarantee that you have all licenses, compliance, consents and permission necessary in order for the given Internal Content to be used in this manner both by you as well as by the Provider and other Users and visitors to the Pages. This involves, in particular, the consent of authors of photographs and other graphic materials and persons captured in photographs, but in certain cases also other persons, for example, owners of copyrights or artistic works captured in photographs. If this is shown by your declaration to be untrue, you will be obligated to compensate the Providers and other Users for all damages and all costs incurred due to the fact that they considered your declaration as true and they used your Internal Content in compliance therewith.

Article 5.3

All author or other rights to Internal Content remain preserved for you. By recording Internal Content on the PIKLIO Server via the Pages, you grant the Provider a free, non-exclusive license to use this Internal Content for all methods of use relating to the operation of PIKLIO Services, particularly for saving Internal Content on the PIKLIO Server, for its communication to the public via the Pages and for production of PIKLIO Products according to your designs. The Provider is authorized to use Internal Content to which you enable free access to all Users and visitors to the Pages in any way for promotion of the Pages, PIKLIO Services and PIKLIO Products. You grant licenses for the territory of the entire world and the Solar System, without volume limitations and for the entire period of copyright protection of the given Internal Content. The Provider is under no obligation to use the licenses. The Provider is authorized to provide a sub-license to a third party and to assign licenses to third parties, with which you grant your consent by accepting these Conditions.

Article 5.4

If you set the access option to the given Internal Content in such a way that you enable other Users to use this Internal Content, you grant all other Users and Providers a non-exclusive license to communicate such Internal Content to the public via the Pages, to its inclusion in designs for PIKLIO Products (either jointly with External Content or separately), to the production of PIKLIO Products according to these designs and further to all manners of use in the context of produced PIKLIO Products, that is, in particular for distribution of PIKLIO Products, to their lending, lease, exhibition and to all manners of communicating PIKLIO Products to the public. A license provided to other Users does not include authorizations to further copy any PIKLIO Products; you grant this authorization to the Provider in the context of this license. You grant licenses to the Provider free of charge in all cases, to other Users free of charge in all cases, when the application in the context of PIKLIO Services do not enable you to select to offer providing the license to other Users for remuneration or allow this to you, but you do not take advantage of this option. You grant licenses for the territory of the entire world and the Solar System, without volume limitations and for the entire period of copyright protection of the given Internal Content. The Provider and other Users are under no obligation to use the license. The Provider is authorized to provide a sub-license to a third party and to assign licenses to third parties, to which you grant your consent by accepting these Conditions. Other Users do not have this authorization.

Article 5.5

If in the context of PIKLIO Services, it is possible for you to select providing a license for use of Internal Content by other Users for remuneration and you take advantage of this option, you grant licenses to other Users for remuneration calculated according to the Article Calculate Remuneration for providing licenses to other Users by these Conditions.

Article 5.6

In the context of this license, you grant the Provider as well as other Users the right to change your Internal Content, particularly to change the size and resolution of individual photographs or other graphic materials, to crop individual photographs and to perform all other modifications necessary for including your Internal Content into PIKLIO Projects of other Users and to use your Internal Content on the Pages and in the context of PIKLIO Services.

Article 5.7

You declare and guarantee that during any use of your Internal Content, the Provider or other Users may not display the name of the author and that in cases when the author of Internal Content is someone other than you, the author has consented not to display his/her own name during further use of such Internal Content.

Article 5.8

You are aware that in the case that part of the Internal Content includes Personal Information, you, as the person determining the method and purpose of processing these Personal Data shall bear exclusive responsibility for fulfilling the obligations derived from valid legal regulations for protection of personal information. By recording Internal Content on the PIKLIO Server, you entrust the Provider to process Personal Data that are part of the Internal Content, in the scope and manner derived from the character, form and scope of PIKLIO Services and the access settings you have selected for other Users and visitors to the Pages to the given Internal Content.

Article 5.9

Although the Provider does everything so that the PIKLIO Server is secured against loss of data and unauthorized access always by the method which corresponds to above-standard security according to the current state of appropriate procedures and technology, you should be aware that the Provider cannot guarantee that your Internal Content will not be accidentally destroyed or damaged or that any third party will not be introduced to it. In any case, always leave at least one saved copy of any Internal Content in order for you not to lose Internal Content in case of accidental destruction or damage. If you have important interests in preserving confidentiality of certain materials, do not record it as Internal Content on the PIKLIO Server. The PIKLIO Server does not operate as a storage site for your data for other purposes than providing PIKLIO Services. The Provider bears no responsibility for loss, damage or destruction of your Internal Content.

Article 5.10

You are aware of and consent to the fact that the Provider is authorized at any time on the basis of its consideration to delete and to bar access to any Content, particularly if it suspects that the given Content violates the rights of third parties, is in conflict with valid legal regulations, with good morals or with business and marketing policy of the Provider. In particular, if this involves pornographic Content, Content slandering national, racial, ethnic or other groups of persons, Content inciting hatred of some national, racial, ethnic group, religion, class or other groups of persons or promoting the restriction of the rights and liberties of their adherents, Content directed to the support and promotion of movements directed toward suppressing human rights and freedom, Content violating copyright or other rights of intellectual property, Content violating the right to personal privacy protection or Content violating the right to protection of Personal Data.

Article 5.11

The Provider is not in any case obligated to judge the unobjectionable nature of any Content, even to actively search for facts and circumstances demonstrating the irregularity of any Content, however, this does not change the fact that the Provider is authorized in every case to verify the irregularity of any Content. If you suspect that any Content is in conflict with legal regulations or violates the rights of third parties, immediately notify the Provider of this fact.

Article 6 - External Content

Article 6.1

You are authorized to use any External Content only in the scope and manner that has been enabled to you by the operations of PIKLIO Services and the setting for access to the Content of individual Users in the context of PIKLIO Services. You are not authorized to use External Content in any other manner; in particular, you may not attempt to arrange a copy of any External Content in any manner that is not part of PIKLIO Services.

Article 6.2

All External Content is owned or licensed by the Provider and is subject to copyright, database producer rights, trademark rights and other intellectual property rights of the Provider or the relevant holders of the rights. Such Content may not be downloaded, copied, distributed, transmitted, broadcast or otherwise communicated to the public, sold, licensed or otherwise used for any purposes without the prior written consent of the Provider or the relevant holders of the rights. The Provider and relevant holders of the rights reserve all rights to their Content, which has not been exclusively provided to you.

Article 6.3

You are aware that in case of use of Content of other Users in a manner enabled by the operations of PIKLIO Services and the access settings for you to the Content of individual Users, these Users grant licenses for the use of the given Content in the same scope as you grant this to other Users according to these Conditions, and any use of the Content outside the framework of the provided license would be against the law. Although the Users declare and guarantee that all of their recorded Content is free of any rights of third parties and that they are authorized to handle it in the full extent necessary for use in the context of PIKLIO Services and for providing a license to other Users, you will be aware that in case of the falsity of such a declaration, you may be liable for breach of the rights of third parties that are bound to the given Content. In such case, the Provider does not bear any liability, all claims for compensation for damages or other harm you must pay exclusively toward the accountable Users.

Article 7 - Calculate remuneration for providing a license to other Users

Article 7.1

If the application in the context of PIKLIO Services enables you to select the provision of a license to use Internal Content of other Users for remuneration and you take advantage of this option, you grant licenses to other Users for remuneration calculated as a multiple of the amount of EUR 0.10 (ten Euro cents), calculated by the Provider on the basis of the Order completed and the Provider-paid units of PIKLIO Products, in which the given User uses your Internal Content, and a calculation of the individual photographs or other graphic materials creating your Internal Content used in the given PIKLIO Product. If another User uses in its PIKLIO Product design ten of your photographs, the valid use of which you have permitted in your settings, and orders and pays the Provider for ten units of such PIKLIO Product, your remuneration will be 10 x 10 x EUR 0.10 = EUR 10. This calculation of remuneration is unrelated to the calculation of remuneration for use of PIKLIO Projects.

Article 7.2

If you set the option for access to your PIKLIO Projects so that this enables your PIKLIO Projects to be used by other Users for remuneration, you grant licenses to other Users for remuneration calculated as a multiple to you in relation to the given PIKLIO Project designated and in the context of the application for the Pages submitted amounts in EUR and the calculation for the Provider on the basis of the Order of the given User completed and the Provider-paid units of PIKLIO Products, manufactured according to your PIKLIO Project. If another User orders and pays the Provider for ten units of PIKLIO Product made on the basis of your PIKLIO Project, the valid use of which you have permitted in your settings and for the use of which you have determined and have submitted remuneration into the system in the amount of EUR 25, your remuneration will equal 10 x EUR 25 = EUR 250.

Article 8 - Collection and invoicing of remuneration for providing a license to other Users

Article 8.1

For the validity period of your Account, you irrevocably authorize the Provider to collect in your name and on your account from other Users remuneration for providing licenses for use of your Internal Content.

Article 8.2

A summary of your selected remuneration is displayed on your profile on the Pages. The Provider shall always remit once monthly everything in your name for the past calendar month the selected remuneration for licenses provided to other Users to the bank account, which you enter via the Pages in the context of your Account.

Article 8.3

You are obligated to compensate the Provider for costs for collecting and sending remuneration for licenses provided to other Users, always in the amount corresponding to payments that the Provider is obligated to remit for receipt and remittance of the relevant payments to your bank, and further to pay the Provider remuneration for collecting and sending remuneration for licenses. The amount of expenses and remuneration to the Provider will always be determined according to the price list valid at the moment of amortizing of payments from the account of the Provider. The current version of the price list is available here. The Provider is authorized to change the price list according to changes in fees invoiced by its bank. The Provider is authorized to submit a claim for compensation of costs and for remuneration according to this article against your claim for payment of selected remuneration for licenses provided to other Users; this always involves the sum corresponding to the amount of the selected remuneration to you reduced by the costs and remuneration to the Provider.

Article 8.4

In the case that the summary of remuneration for licenses provided to other Users selected by the Provider in certain calendar months in the sum following deduction of costs and remuneration for the Provider does not reach at least EUR 10, the Provider will not remit this to your bank account and this will be considered as remuneration selected in the immediately following calendar month. This means that if the aggregate amount of remuneration for the licenses provided to other Users selected by the Provider following deduction of costs and remuneration to the Provider does not reach at least EUR 10, these remunerations will not be sent to your bank account.

Article 9 - Account Cancellation

Article 9.1

At any time, you have the right to cease using PIKLIO Services, without even having to also cancel your Account. At any time you may also cancel your Account, whereby you irrevocably return the right to use any PIKLIO Services, including the loss of options for access to your Content and PIKLIO Projects. Cancellation of the Account may not be renewed for technical reasons.

Article 9.2

By cancelling the Account, your Internal Content ceases to be accessible to other Users and visitors to the Pages. The Internal Content, which other Users have included in their PIKLIO Projects on the basis of your granted licenses, remains accessible to other Users only as part of these PIKLIO Projects. Licenses for use of Internal Content, which you provided prior to cancelling the Account, remain in effect without changes, unless otherwise noted in these Conditions under Article 9.

Article 9.3

By cancelling the Account, all applied licenses for use of your Internal Content, which at the moment of your Account cancellation is in the PIKLIO Projects of other Users, changes to a free license, for any use of such PIKLIO Projects containing your Internal Content after cancellation of your Account you no longer have any claim to any remuneration. If you would like to preserve a claim for remuneration, cease using PIKLIO Services, but do not cancel your Account.

Article 9.4

All remuneration for licenses provided by you to other Users, selected by the Provider, which have not been paid by the cancellation of the Account will be paid to you after deducting the costs and remuneration to the Provider paid in the nearest invoicing period following the cancellation of your Account, without regard to the amount of the balance, that is, if its total is less than EUR 10. If, however, this will be the same or less than costs and remuneration for the Provider, the balance will not be paid to you.

Article 9.5

The Provider has the right to cancel your Account if you use the PIKLIO Pages or Services in conflict with these Conditions, particularly in the case that it has been demonstrated that your declaration is untrue relating to the non-existence of the rights of third parties preventing the use of your Internal Content in the context of PIKLIO Services or in the case that your Internal Content contradicts valid legal regulations. The Provider has the right to cancel your Account also if it determines that in the context of the Account, information provided by you is incomplete or does not correspond to reality. The Provider has the right to cancel your Account also if you use the PIKLIO Pages or Services in any way harmful to or endangering the business interests of the Provider.

Article 10 - Exclusion warranty

Article 10.1

Nothing which is noted in these Conditions shall affect any legal rights you have in these relations, when you act toward the Provider as a consumer and which you may not contractually change or relinquish.

Article 10.2

PIKLIO Services and Pages are provided as they exist at the given moment, and the Provider does not provide any guarantee related to functionality, utility, freedom from defects, completeness or duration of PIKLIO Services.

Article 10.3

The Provider does not guarantee, in particular, otherwise for the fact that using PIKLIO Services and Pages satisfies any of your requirements, either already expressed or unexpressed, or that any deficiencies in operation or functionality of any parts of PIKLIO Services will be removed.

Article 10.4

For PIKLIO Services and for Pages no guarantees relate, including any guarantee relating to satisfactory quality, suitability for certain purposes or compliant with the description, if they are not expressly noted in these Conditions.

Article 11 - Restrictions on liability for damages

Article 11.1

Nothing which is noted in these Conditions has an impact on your rights, which you may not relinquish contractually or limit contractually, particularly such rights you have in these relations where you act toward the Provider as a consumer.

Article 11.2

If you incur damages thanks to a breach of obligations by the Provider, in connection with the use of the PIKLIO Pages or Services, the Provider is liable for these damages to a maximum amount of EUR 100 or to the amount corresponding to the total remuneration for providing licenses for use of your Internal Content, selected by the Provider for the period of three months prior to the events which were the cause of the occurrence of damages, according to which amount is higher. Under no circumstances, however, is the Provider liable for damages exceeding the sum of EUR 100.

Article 11.3

Under no circumstances is the Provider liable for any of your lost profits, particularly for lost profits arising from circumstances (for example your contractual relations with third parties), about which the Provider did not know or could not know during your Account registration.

Article 11.4

Restriction of liability of the Provider for damages according to this Article of these Conditions applies without regard to the fact of whether the Provider was notified of the possibility of the occurrence of damages or he/she was aware of these possibilities.

Article 12 - Severability

Article 12.1

If any provisions of these Conditions are found by a court to be invalid or unenforceable, such invalidity or unenforceability shall have an impact on the other parts of these Conditions, but such provisions will be considered as adjusted to the necessary degree in order for them to be valid and enforceable and the rights and obligations will be construed and enforced according to this whereas the maximum possible scope of the purpose of these Conditions shall be preserved.

Article 13 - Definitive rights and dispute resolution

Article 13.1

Contractual relations based on these Conditions, your Account registration and your use of the PIKLIO Pages and Services shall be governed on the basis of agreements between you and the Provider exclusively by the law of the Czech Republic.

Article 13.2

All possible disputes between you and the Provider related to your use of the PIKLIO Pages or Services shall be resolved primarily conciliatorily, i.e. by agreement.

Article 13.3

In the case of the impossibility of achieving an agreement, possible disputes between you and the Provider related to your use of the PIKLIO Pages and Services shall be resolved exclusively and pragmatically by the relevant court in the Czech Republic, the local jurisdiction of which shall be determined according to the headquarters of the Provider.

Article 13.4

Nothing which is noted in these Conditions has an impact on your right to appeal to another court if in relation to the Provider you proceed as a consumer and the relevant legal regulations recognize such right for you.

Article 14 - Changes to these Conditions

Article 14.1

The Provider is authorized to change these Conditions unilaterally. You will be informed of changes to the Conditions either by electronic mail or during your first logon to the Pages using your user names and passwords after a change in the Conditions.

Article 14.2

If you do not agree with the new version of the Conditions, you may cancel your Account. If you do not cancel your Account immediately following your knowledge of the changes to the Conditions, you thereby express your consent to the new version of the Conditions and you are bound by them.

Article 14.3

You agree with the fact that the Provider will be able at any time during the existence of your Account to send notification relating to the Pages, PIKLIO Services and these Conditions to your e-mail address, submitted in the context of your Account Registration. You are aware that the sole method by which you may appeal this consent is cancellation of your Account, because communication by e-mail to your submitted address for the Provider for technical reasons is the sole possible method of communication with you regarding the PIKLIO Pages and Services.

Article 14.4

These Conditions shall become valid and effective on 1 October 2010.