Terms and Conditions
These Terms of Service, issued by MySpectroom, s.r.o. with its registered office in Brno, Purkyňova 649/127, Medlánky, zip code 612 00, Czech Republic, Company Identification Number 293 72 577, incorporated in the Companies Register kept by the Regional Court in Brno, file ref. C 76298 (the “Provider”), provide for the rules on the use of the service Combster, a contextual video discovery engine (the “Service”).
Your use of the Service implies your acceptance of these Terms of Service (the “Terms”). You are kindly asked to read them carefully.
1. DESCRIPTION OF THE SERVICE
1.1 The Service is an iOS/Android native app and web platform with an attractive, innovative user interface that empowers users to discover video content from the major video sharing platforms through context, correlation, time and place. The Service is made up of the website www.combster.tv (the “Provider’s Website”) the Combster mobile application, or other applications, products or services offered by the Provider under the title “Combster”.
1.2 From time to time, at the sole discretion of the Provider, any feature of the Service may be changed, including inter alia modifying current functions, adding new functions, and even cancelling current functions.
2. CONCLUSION OF THE AGREEMENT
2.2 The Service is not available to persons under the age of 18 (or the age of legal majority in your jurisdiction of residence – if higher). Further, the Service is not available to any users previously removed from the Service by the Provider and to any persons barred or prohibited from using them under the applicable laws. By registering, downloading, accessing or using the Service, you represent that you are at least 18 years of age (or the age of legal majority in your jurisdiction of residence – if higher) and that you have not been previously removed from or prohibited from using the Service.
2.3 If you do not use or access the Service as an individual, you represent to the Provider that you have all necessary corporate or equivalent authority and power to agree to these Terms on behalf of the corporation, partnership, association or other entity in whose name you use or access the Service.
3. ACCESS TO THE SERVICE
3.1 Access to the Service is possible without being logged into a user account (as the “Visitor”) or via a user account (as the “User”).
3.2 As a Visitor, you will only have the ability to access, view or share videos, topics or other content available on the Service, but will not be able to benefit from all the features available in the Service.
3.3 In order to create the user account, you need to register on the Provider’s Website or the native app by entering the required information and validating your user account via e-mail address (the “User Account”).
3.4 Information provided by you to create your User Account must be accurate and complete.
3.5 You agree that you alone will be responsible (to the Provider and to others) for all activity that occurs under your User Account, including use of the User Account by others. You are responsible for maintaining the security and confidentiality of your User Account, including password and accounts’ details used to access the Service.
3.6 Unless expressly permitted in writing by the Provider, you may not sell, rent, lease, share or provide access to your User Account to anyone else.
3.7 If enabled by the Provider, you may connect to the Service with an account to a third-party service (such as Facebook, Google, or another third-party application). When using the Service with an account to a third-party service, you are considered as a User. Using of such account is governed by terms and conditions of such third party.
4.1 On the Service, users may access, view and share audio-video files or other content included on the Service (the “Content”). The Content consists of the User Content specified in the clause 5.4 hereof and of a content provided by the third parties specified bellow (the “Third-Party Content”); the Third-Party Content is provided in accordance with the terms and conditions of the respective third party:
- 4.1.1 YouTube (https://www.youtube.com/t/terms);
- 4.1.2 Dailymotion (https://www.dailymotion.com/legal);
- 4.1.3 Vimeo (https://vimeo.com/terms);
- 4.1.4 Twitter (https://twitter.com/en/tos);
- 4.1.5 Archive.org (https://archive.org/about/terms.php).
The Content may be supplemented by a data structure or a text content acquired from the following third party providers: Wikipedia, Wikidata, Wikimedia.
4.2 The Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited in any manner inconsistent with the normal functionality of the Service or with any of the rights granted or restrictions set forth in these Terms.
4.3 The Provider does not create, control, update, monitor or endorse any Content and therefore disclaims all warranties, takes no responsibility and assumes no liability for the Content, including without limitation regarding its legality, copyright, accuracy or completeness.
4.4 The Provider has established an easily accessible means of allowing anyone to notify it of infringing or illegal Content or activity on the Service via the form available from the Provider’s website or via "give feedback” in the native app . If you notice infringing or illegal Content or activity on the Service, you are kindly asked to report it to the Provider. The Provider will act expeditiously to verify the report and, if verified, remove or disable access to the Content.
4.5 The Service may allow users to upload audio-video files and to participate in other activities in which users may create, post, transmit or store content using the Service (the “User Content”).
4.6 You grant to the Provider and its sublicensees an unrestricted, worldwide, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, distribute and to technically modify and compress your User Content as is strictly necessary for the purposes of the viewing and/or streaming of your User Content on the Service. By making your User Content accessible on the Service, you agree to allow any Visitors and Users of the Service, to view and to share your User Content through the Service. The rights granted hereunder terminate once your User Content is deleted from the Service upon your request, or generally by closing your User Account, except to the links between the Content you have created and their descriptions and for the reasonable time it takes to remove your User Content from backup and other systems.
4.7 You are solely responsible for all your User Content and the consequences of entering, uploading, or distributing it on the Service. You represent and warrant that (1) you are the creator and owner of your User Content or otherwise have all the necessary rights and authorizations and have paid any royalties or other fees pursuant to any licenses or permissions needed to enter, upload and distribute the User Content on the Service; (2) your User Content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (3) your User Content does not violate the clause 4.8 of these Terms; and (4) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code.
4.8 Your User Content may not:
- 4.8.1 contain child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or libellous material; images of rape or abuse; images of bestiality; any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse. or explicit depiction of male or female genitalia or pubic areas); alcohol or tobacco promotion; or fake news;
- 4.8.2 contain political opinions, provide links to a politician’s, candidate’s or political party’s official website, including the contribution page of such entity or solicit viewers to make contributions directly to a politician, candidate or political party;
- 4.8.3 infringe the intellectual property rights of any third party (including but not limited to sound, music, videos, excerpts from any television shows, movies, advertisements or any other material for which you do not have the necessary rights and authorizations);
- 4.8.4 infringe personal rights (i.e. Content may not be defamatory or contain insults, abuse, libel, etc.) or personal privacy (including an individual's right to his or her image);
- 4.8.5 be contrary to public policy and accepted moral standards;
- 4.8.6 display, incite or otherwise promote illegal or immoral activities; and
- 4.8.7 violate any applicable laws or regulations.
4.9 The Provider uses reasonable security measures in order to protect User Content against unauthorized copying, distribution or other misappropriation. However, the security measures to protect User Content are provided and used “as-is” and with no warranties. To the furthest extent permitted by applicable law, the Provider shall not be liable for any unauthorized copying, distribution or other misappropriation of your User Content – you waive any claims you may have against the Provider therefor.
4.10 If any of your User Content is lost or damaged within the Service, the Provider will exert reasonable effort to help to restore your User Content from a backup, if a backup is available, which shall be your sole and exclusive remedy for your lost or damaged User Content.
5. RESTRICTIONS ON USE OF THE SERVICE
5.1 You may not use the Service beyond the limitations described in these Terms.
5.2 Access to the Service may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You bear all the charges incurred in connection with accessing the Service (i.e. Internet connection fees or mobile fees).
5.3 You agree that you will not:
- 5.3.1 use the Service for unlawful activities, such as crime, copyright infringement, trademark rights infringement, and/or a breach of other intellectual property laws;
- 5.3.2 use the Service for making threats, stalking, defamation, fraud, humiliation, bullying, or intimidation aimed at any person for any reason whatsoever;
- 5.3.3 use the Service for invasion of any person’s privacy by unlawful attempts at obtaining, gathering, storing, or publishing of the person’s private information or attributable personal information without such person’s knowledge and consent;
- 5.3.4 impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity;
- 5.3.5 use the Service for any commercial use, including making unsolicited offers, advertisements, proposals, or sending junk mails or spams, without Provider’s prior written consent;
- 5.3.6 not to access Content for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service;
- 5.3.7 not to distribute, publicly perform or publicly display any Content;
- 5.3.8 manipulate identifiers in order to disguise the origin of any Content;
use the Service in a manner that could cause harm to the Service or affect its use by others, including but not limited to:
- (a) any attempts at gaining unauthorized access to the Service, actions preventing other authorized persons’ access to the Service, or enabling/permitting third parties to access or use the Service under your name;
- (b) misusing the Service for attempts at gaining unauthorized access to any other services, data, accounts, or networks by any means;
- (c) interfering with or disrupting the Service or servers or networks connected to the Service;
- (d) accessing or using the Service through any automated processes or services (unless the procedure of the automated access is expressly allowed by the Provider) such as robots, search modules, or a regular download of the information stored with the Provider, or other third parties, in the cache;
- (e) attempting to access or use any feature of the Service that you are not authorized to access or use;
- (f) removing, circumventing, disabling, damaging or otherwise interfering with security-related features of the Service, or features that enforce limitations on the use of the Service;
- (g) transmitting viruses, adware, spyware, worms, other harmful or malicious code, or anything which may prevent, impair, or adversely affect the operation of the Service.
5.4 In accordance with internet practice and custom, advertisements may be incorporated into the Service and then associated to your User Account or your User Content.
5.5 You are responsible for complying with all applicable laws, regulations and rules of the country from where you use the Service and shall not access or use the Service in a manner that violates such laws, rules, and regulations, or in a manner that is deceptive, unethical, false, or misleading. You shall ensure you have all necessary permission and consent in place in relation to your use of the Service.
5.6 The Provider reserves all available legal rights and remedies to prevent unauthorized use of the Service, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
5.7 Failure to comply with the restrictions on use of the Service under these Terms may result in (i) your User Content being removed and/or (ii) your User Account being closed and/or (iii) any elements or data related to your User Content or to your User Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from the Service, without prior notice. The Provider reserves the right to decide in its sole discretion whether your use of the Service violates the restrictions on use of the Service. In addition, the Provider reserves the right to report any violation of these restrictions to applicable legal authorities and you may be personally liable to criminal sanctions or civil damages.
6. INTELLECTUAL PROPERTY
6.1 The Service, including, but not limited to, logos, graphics, trademarks, service marks, technology, whether patentable or unpatentable, copyrights, trade secrets, know-how, documentation, text, software, etc., is the Provider’s intellectual property, which is owned by, or validly licensed to, the Provider.
6.2 The Provider grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Service under these Terms.
6.3 Except to the extent necessary for your use of the Service under these Terms, you are not permitted to copy, modify, republish, adapt, translate, download or distribute any part of Service (especially the respective software).
6.4 You are not entitled to make or obtain otherwise a physical copy of the Service (i.e., the respective software), either in binary or source code, unless the obtaining of a temporary copy ensues from the technological process of remote access to the Service. Nor are you permitted to reverse compile, disassemble, or reverse engineer the Service (i.e., the respective software) or make use of such software to build a product or service especially that competes with the Service.
6.5 All rights related to the Service not expressly granted in these Terms are reserved to the Provider and its licensors.
7. IDEA SUBMISSION
7.1 By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to the Provider, you acknowledge and agree that the Provider shall be entitled to use or disclose such Submissions for any purpose in any way without providing any compensation or credit to you.
8.1 You agree that access to and any use of the Service shall be at your sole risk and liability. The Service is provided on an “AS IS” basis. To the fullest extent permitted by applicable law, the Provider disclaims all liabilities, warranties and representations of any kind whatsoever implied by statute or common law. Notwithstanding the previous sentence, any Provider’s liability for damages, including the loss of profits, that may arise in connection with your use of the Service, shall in no case exceed the maximum cumulative amount of US $10.
8.2 The Provider especially does not warrant or represent that the Service or its functionalities or technology, in whole or in part, will be uninterrupted, error-free or secure, including with respect to entering, uploading, or distributing of your User Content or any limitations on your or any other Visitors or Users ability to access, view or use your User Content or any other Content, or that any information obtained from the Service will be accurate or reliable.
8.3 You are solely responsible for procuring and maintaining necessary network connections and telecommunications links and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the Internet. The Provider bears no liability for the functionality of your data network, public data networks and hardware and software running on it.
8.4 The limitations on Provider's liability defined in this section of these Terms shall apply whether or not the Provider has been advised of or should have been aware of the possibility of any losses or damages.
8.5 You agree and shall indemnify and hold he Provider harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee, penalty, or other charge (including reasonable attorneys’ fees and all other cost of investigating, defending or asserting any claim for indemnification under these Terms) arising from or relating to (i) your User Content, (ii) your violation of these Terms or any other policy of the Provider; (iii) your use of the Service; or (iv) your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights, in connection to your use of the Service.
9. PREMIUM SERVICES
9.1 Standard use of the Service (regardless whether as a Visitor or as a User) is free of charge. Nevertheless, the Provider may offer premium services, which require payment before you can access them (the “Premium Services”). Please note that in order to purchase the Premium Services, you need to be registered as a User.
9.2 You may purchase Premium Services for agreed subscription period (the “Subscription Period”) directly from the Provider (if enabled) or through a third party by paying agreed subscription fee (the “Subscription Fee”). The Subscription Fee is payable in advance for the Subscription Period.
9.3 The Premium Services will be provided during the Subscription Period. Unless you notify the Provider, or the third party through which you purchased the Premium Services, in advance that you do not want to extend the term of the Premium Services, the term of the Premium Services automatically extends for the following Subscription Period (the following Subscription Period starts from the day immediately following the last day of the current Subscription Period and its length is equal to the length of the previous Subscription Period). The previous sentence applies accordingly to the following Subscription Periods, i.e., the term of the Premium Services may be extended repeatedly. In case of the extension of the term of the Premium Services, you will be charged the Subscription Fee for the following Subscription Period.
9.4 The Provider may change the Subscription Fees from time to time pursuant to the clause 12 of these Terms. Any Subscription Fees changes will take effect at the start of the next Subscription Period following the date of the change (unless later date specified by the Provider).
9.5 In case of termination of the Service according to the clause 11 of these Terms during any pre-paid Subscription Period, you have no right to any refund of the pre-paid Subscription Fees, with the exception to termination of the Service (i) by you pursuant to the clause 12.2 (because you do not agree with changes of the Terms), or (ii) by the Provider without giving any reason. In that case, you are entitled to pro-rata refund of the pre-paid Subscription Fees for the current Subscription Period.
10.2 If you provide any personal data of third persons to the Provider, you are obliged to ensure that the personal data is handed over to the Provider in accordance with the applicable data protection legislation and that such persons are informed that their personal data is handed over to the Provider and for what purpose.
10.3 The Service may contain links to websites operated by other entities (the "Linked Site"). No Linked Site, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by the Provider. Therefore, any visit of any Linked Site is at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Provider therefore disclaims all warranties, takes no responsibility and assumes no liability with respect to any Linked Site.
11.1 You may terminate the Service (the agreement between you and the Provider regarding your use of the Service) at any time by:
- 11.1.1 stopping to use the Service if you are a Visitor;
- 11.1.2 closing your User Account if you are a User.
11.2 To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any term of these Terms, (iii) any policy or practice of the Provider, or (iv) any content or information transmitted through the Service, is to terminate the Service.
11.3 You agree that the Service will be available to you immediately after the conclusion of the agreement between you and the Provider regarding your use of the Service, therefore you have no right to withdraw from the Service pursuant to any consumer law (if applicable).
11.4 To the fullest extent permitted by applicable law, the Provider reserves the right, without notice and in his sole discretion, to terminate the Service, and to block or prevent your future access to and use of the Service, including but not limited to the following: (i) your use of the Service violates these Terms or applicable law, (ii) you fraudulently use or misuse the Service, or (iii) the Provider is unable to continue providing the Service to you due to technical or legitimate business reasons. This includes the entitlement to terminate or to suspend your access to any purchased Premium Services.
11.5 Any obligations which expressly or by their nature are to continue after termination of the Service shall survive and remain in effect.
12.1 These Terms and Provider’s policies may be changed, reasonably, at any time unilaterally by the Provider. Any change will be notified to you:
- 12.1.1 by posting the actual version of these Terms on the Provider’s website, if you are a Visitor;
- 12.1.2 by notifying you via your User Account, if you are a User;
which shall be considered sufficient notice of such change.
12.2 If you do not agree with the change, you may terminate the Service according to the clause 11.1 of these Terms within 10 days of the notification of the change. Continued usage of the Service after the 10-days period constitutes your acceptance of such change.
13.1 These Terms, as well as rights and obligations arising from or in connection with it, shall be governed by the laws of the Czech Republic, mainly by the Copyright Act and the Civil Code.
13.2 Each party irrevocably agrees that the courts of the Czech Republic in Brno shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Service (including non-contractual disputes or claims).
13.3 Consumer law provisions in the country where you are habitually resident may provide for derogations from the choice of law and jurisdiction provisions above.
13.4 Under the consumer law provisions in the country where you are habitually resident, you may have an option to initiate an ADR (alternative dispute resolution) procedure in order to settle a dispute or claim arising out of or in connection with the Service out of a court (e.g. in Czech republic, ADR procedure may be initiated before the Czech Trade Inspection Authority).
14.1 If the Provider fails to exercise or enforce any right or provision of these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Provider.
15. FULL AGREEMENT
15.1 These Terms and Provider’s policies represent full and complete agreement and replace all prior agreements or understandings between you and the Provider. For the purposes of provision and use of the Service under these Terms, no terms published on the Provider’s website are binding, unless expressly referred to in these Terms.
16.1 If any part of these Terms is found to be invalid under any applicable statute or rule of law, then the Terms shall remain in full force and effect. Further, when possible, a court shall give effect to the intention of the invalid provision to the fullest extent possible within the law.
17.1 You may not transfer, assign, or delegate any rights and obligations arising out of these Terms without the Provider’s prior written consent.
18. NO PARTNERSHIP OR AGENCY
18.1 Nothing in these Terms is intended to or shall operate to create a partnership between you and the Provider, or authorize either party to act as an agent for the other, and neither party shall have the authority to act in the name of or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability, and the exercise of any right or power).