Terms Of Use Agreement
Last Updated April 1, 2015. I. Introduction II. Not Healthcare
Advice III. Purchases IV. Privacy V. Copyright; Trademarks VI. Links;
Third Party Websites VII. Disclaimer; Limitation of Liability VIII.
Indemnification IX. Site Usage; Termination of Usage X. User Content and Conduct XI. Applicable Law; Jurisdiction XII. Severability;
Interpretation XIII. Entire Agreement XIV. Miscellaneous XV. Copyright
Policy XVI. Contact Information
I. Introduction Welcome to The ps8moduly.cz website
This Terms of Use Agreement sets forth the agreement between ps8moduly.cz and each user governing the use by you of this Site. Please read this Agreement carefully before using this Site. By using this Site, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site. We may, in our sole discretion, modify this Agreement with or without notice to you. The date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Site after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to each use of the Site. In addition, when using particular services or features or making purchases on the Site, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.
II. Not Healthcare Advice
The products, information, services and other content provided on and through this Site, including information that may be provided on the Site by a healthcare or nutrition professional employed or contracting with Ps8moduly.cz and/or any products, information, services and other content provided on any Linked Site, as defined in this Agreement, are provided for informational purposes only to facilitate discussions with your physician or other healthcare professional regarding treatment options. The information provided on this Site and Linked Sites, including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or
in any product label or packaging. You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always speak with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult
your Healthcare Professional regarding any interactions between any
medication you are currently taking and nutritional supplements.
Ps8moduly.cz is not responsible for any product or service sold on or through this Site or any claims of quality or performance made on or through this Site.
III. Purchases
If you make a purchase on the Site, your purchase will
be subject to the terms of our Purchase Policy, which is hereby
incorporated into and made part of this Agreement. Please review our
Purchase Policy before making any such purchase. By submitting payment
information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy.
IV. Privacy
Use of this Site is subject to the terms of our Privacy
Policy, which is hereby incorporated into and made part of this
Agreement. Please carefully review our Privacy Policy. By using this
Site, you agree to be bound by the terms of our Privacy Policy. We
reserve the right, and you authorize us, to use information regarding
your use of this Site , account registration, and any other personal
information provided by you in accordance with our Privacy Policy.
V. Copyright
Trademarks You acknowledge that all materials on the
Site, including the Site's design, graphics, text, sounds, pictures,
software and other files and the selection and arrangement thereof, are the property of ps8moduly.cz or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of ps8moduly.cz or the respective copyright owner. ps8moduly.cz authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos contained or described on this Site are the sole property of ps8moduly.cz and/or its suppliers or licensors and may not be copied, imitated or otherwise
used, in whole or in part, without the prior written authorization of ps8moduly.cz and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of
ps8moduly.cz and may not be copied, imitated or otherwise used, in
whole or in part, without the prior written authorization of
Ps8moduly.cz. Ps8moduly.cz will enforce its intellectual property
rights to the fullest extent of the law.
VI. Links
Third Party Websites Links on the Site to third party
websites are provided only as a convenience to you. If you use these
links, you will leave the Site. Ps8moduly.cz does not control or
endorse any such third party websites. You agree that Ps8moduly.cz
Parties will not be responsible or liable for any content, goods or
services provided on or through these outside websites or for your use
or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Ps8moduly.cz expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website. Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Ps8moduly.cz Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
VII. Disclaimer
Limitation of Liability YOU EXPRESSLY UNDERSTAND AND
AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE
MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN; AND; AS AVAILABLE; BASIS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT,
PS8MODULY.CZ., ITS PARENT, SUBSIDIARIES AND OTHER AFFILIATED COMPANIES
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER
REPRESENTATIVES (COLLECTIVELY;PS8MODULY.CZ PARTIES;) EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, Ps8moduly.cz PARTIES
MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE
SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE
OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
PS8MODULY.CZ PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL PRODUCTS AND
SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY
APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS
AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, PS8MODULY.CZ PARTIES DISCLAIM ALL WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH
RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH
THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
PS8MODULY.CZ PARTIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT
DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE,
ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND
NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS. PS8MODULY.CZ PARTIES SHALL
NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR
INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF
INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR
ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE
INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR
TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY
THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY
THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS
OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION,
LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE
LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN PS8MODULY.CZ AND YOU. THE PRODUCTS,
INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE
SOLE AND ENTIRE MAXIMUM LIABILITY OF PS8MODULY.CZ PARTIES FOR ANY
REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM
WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT,
INFORMATION OR SERVICE PURCHASED BY YOU FROM PS8MODULY.CZ ON THIS
SITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES
OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS
MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND
LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
VIII. Indemnification
You agree to indemnify, defend and hold harmless
Ps8moduly.cz Parties against all claims, demands, causes of action,
losses, expenses, damages and costs, including any reasonable attorneys
fees, resulting or arising from or relating to your use of or conduct on
the Site, any activity related to your account by you or any other
person, any material that you submit to, post on or transmit through the
Site, your breach of this Agreement, your infringement or violation of
any rights of another, or termination of your access to the Site.
IX. Site Usage
Termination of Usage You are required to establish an
account on this Site in order to take advantage of certain features of
this Site, such as making a purchase. If you provide information on this
Site, you agree to (a) provide true, accurate, current and complete
information about yourself as prompted by the Site, and (b) as
permitted, maintain and promptly update such information to keep it
true, accurate, current and complete. If you provide any information
that is false, inaccurate, outdated or incomplete, or Ps8moduly.cz has
reasonable grounds to suspect that such information is false,
inaccurate, outdated or incomplete, Ps8moduly.cz has the right to
suspend or terminate your account and prohibit any and all current or
future use of the Site (or any portion thereof) by you. You will create a
username and password while completing the account registration
process. You are responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately
notify Ps8moduly.cz of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. You agree to be
responsible for all charges resulting from the use of your account on
the Site, including charges resulting from unauthorized use of your
account prior to your taking steps to prevent such occurrence by
changing your password and notifying Ps8moduly.cz. Ps8moduly.cz
Parties cannot and will not be liable for any loss or damage arising
from your failure to comply with this section. You agree to use this
Site only for lawful purposes, and that you are responsible for your use
of and communications on the Site. You agree not to post on or transmit
through this Site any unlawful, infringing, threatening, harassing,
defamatory, vulgar, obscene, profane, indecent, offensive, hateful or
otherwise objectionable material of any kind, including any material
that encourages criminal conduct or conduct that would give rise to
civil liability, infringes others intellectual property rights or
otherwise violates any applicable local, state, national or
international law. You agree not to use this Site in any manner that
interferes with its normal operation or with any other users use and
enjoyment of the Site. You further agree that you will not access this
Site by any means except through the interface provided by
Ps8moduly.cz for access to the Site. Creating or maintaining any link
from another website to any page on this Site without the prior written
authorization of Ps8moduly.cz is prohibited. Running or displaying
this Site or any information or material displayed on this Site in
frames or through similar means on another website without the prior
written authorization of Ps8moduly.cz is prohibited. Any permitted
links to this Site must comply with all applicable laws, rule and
regulations. Ps8moduly.cz makes no representation that Materials
contained on the Site or products described or offered on the Site are
appropriate or available for use in jurisdictions outside the United
States, or that this Agreement complies with the laws of any other
country. Visitors who use the Site and reside outside the United States
do so on their own initiative and are responsible for compliance with
all laws, if and to the extent local laws are applicable. You agree that
you will not access this Site from any territory where its contents are
illegal, and that you, and not Ps8moduly.cz Parties, are responsible
for compliance with applicable local laws. This Agreement is effective
unless and until terminated by either you or Ps8moduly.cz. You may
terminate this Agreement at any time, provided that you discontinue any
further use of this Site. Ps8moduly.cz also may terminate or suspend
this Agreement, at any time, without notice, and accordingly deny you
access to the Site, if in Ps8moduly.cz's sole discretion you fail to
comply with any term or provision of this Agreement or your use is
harmful to the interests of another user or Ps8moduly.cz Parties. Upon
any termination of the Agreement by either you or us, you must promptly
destroy all materials downloaded or otherwise obtained from this Site,
as well as all copies of such materials, whether made under the terms of
use or otherwise. Ps8moduly.cz reserves the right at any time and
from time to time to modify or discontinue, temporarily or permanently,
the Site (or any part thereof) with or without notice. Except as
otherwise expressly stated in this Agreement, you agree that
Ps8moduly.cz Parties shall not be liable to you or to any third party
for any modification, suspension or discontinuation of the Site. You
agree that Ps8moduly.cz may terminate or suspend your access to all or
part of this Site, without notice, for any conduct that Ps8moduly.cz,
in its sole discretion, believes is in violation of this Agreement or
any applicable law or is harmful to the interests of another user or
Ps8moduly.cz Parties. Sections IV, VII through XII and XIV shall
survive any termination of this Agreement.
X. User Content and Conduct
Where applicable at the Site, you are
invited to post your own content. You understand that all User Content,
whether you have publicly posted on a forum or privately transmitted to
another Site user or to us, is your sole responsibility. Though the Site
is designed to be a safe place to share such User Content,
Ps8moduly.cz cannot guarantee that other users will not misuse the
User Content that you share. If you have any User Content that you would
like to keep confidential and/or do not want others to use, do not post
it to the Site. Under no circumstances will Ps8moduly.cz be liable in
any way for any User Content, including, but not limited to, any errors
or omissions in any User Content, or for any loss or damage of any kind
incurred as a result of the use of any User Content posted, emailed or
otherwise transmitted via the Site. PS8MODULY.CZ IS NOT RESPONSIBLE
FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO
THE SITE. By posting any User Content at the Site, you hereby grant
Ps8moduly.cz a royalty-free, fully paid up, perpetual, irrevocable,
non-exclusive and fully sublicensable right and license to use,
reproduce, modify, adapt, publish, translate, combine with other works,
create derivative works from, distribute, perform, edit and display such
User Content (in whole or part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later
developed. You specifically waive any "moral Rights"; in and to the User
Content. The foregoing grant includes, without limitation, any
copyrights and other intellectual property rights in and to your User
Content. You represent and warrant that: you own the User Content posted
by you on or through the Site or otherwise have the right to grant the
license set forth in this Section 10; and the posting of your User
Content on or through the Site does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any
person. You agree to pay for all royalties, fees, and any other monies
owing any person by reason of any User Content you posted to or through
the Site. You acknowledge and agree that Ps8moduly.cz may preserve
User Content and may also disclose User Content if required to do so by
law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: comply with legal process; enforce this
Agreement; respond to claims that any User Content violates the rights
of third-parties; or protect the rights, property, or personal safety of
Ps8moduly.cz, its users and the public. You understand that the
technical processing and transmission of the Site, including your User
Content, may involve: transmissions over various networks; and changes
to conform and adapt to technical requirements of connecting networks or
devices. You agree to each of the conditions in this Agreement and
further agree that each of these conditions applies forever and broadly
with regard to Ps8moduly.cz worldwide. Posting of User Content to or
through the Site, including ideas or disclosures of opinions, is
voluntary on your part. No confidential or contractual relationship is
established by your posting of User Content or is to be implied by our
review or subsequent use of your User Content. Ps8moduly.cz shall not
be liable for any disclosure of any User Content, including opinion(s)
or suggestion(s), you post to or through the Site. PS8MODULY.CZ SHALL
BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM
YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR
OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Site to: (a) upload, post, email or
otherwise transmit any User Content that is unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable; (b) harm minors in any way; (c) impersonate any
person or entity, including, but not limited to a representative of
Ps8moduly.cz, or falsely state or otherwise misrepresent your
affiliation with a person or entity; (d) forge headers or otherwise
manipulate identifiers in order to disguise the origin of any User
Content transmitted through the Site; (e) upload, post, email or
otherwise transmit any User Content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements); (f) upload, post, email or otherwise transmit
any User Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party; (g)
upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail"; "spam";
"chain letters"; "pyramid schemes"; or any other form of solicitation,
except in those areas that are designated for such purpose; (h) upload,
post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to
interrupt, emulate, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; (i) disrupt the
normal flow of dialogue, cause a screen to "scroll"; faster than other
users of the Site are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time
exchanges; (j) interfere with or disrupt the Site or servers or networks
connected to the Site, or disobey any requirements, procedures,
policies or regulations of networks connected to the Site; (k) "stalk";
or otherwise harass another; or (l) collect or store personal data about
other Site users. You understand that by using the Site, you may be
exposed to User Content created by others that is offensive, indecent or
objectionable. Ps8moduly.cz does not endorse or have control over the
User Content. User Content is not reviewed by Ps8moduly.cz prior to
posting and does not reflect the opinions or policies of Ps8moduly.cz.
Ps8moduly.cz makes no representations or warranties, express or
implied as to the User Content or the accuracy and reliability of the
User Content or any other material or information that you may access
through the Site. Ps8moduly.cz assumes no responsibility for
monitoring the Site for inappropriate submissions or conduct. If at any
time Ps8moduly.cz chooses, in its sole discretion, to monitor the
Site, Ps8moduly.cz nonetheless assumes no responsibility for the User
Content, has no obligation to modify or remove any inappropriate User
Content, and has no responsibility for the conduct of the Site users
submitting any such User Content. Notwithstanding the foregoing,
Ps8moduly.cz and its designees shall have the right to remove any User
Content that violates this Agreement or is otherwise objectionable, in
Ps8moduly.cz's sole discretion. You agree that you must evaluate, and
bear all risks associated with, the use of any User Content, including
any reliance on the accuracy, completeness, or usefulness of such User
Content. In this regard, you acknowledge that you may not rely on any
User Content. You are solely responsible for your interactions with
other Site users. Ps8moduly.cz reserves the right, but has no
obligation, to monitor disputes between you and other Site users and to
terminate your Site access if Ps8moduly.cz determines, in its sole
discretion, that doing so is prudent.
XI. Applicable Law
Jurisdiction; Dispute Resolution This Agreement
shall be governed by and construed in accordance with the laws of the
State of Hawaii in the United States, without regard to its choice
of law provisions. You agree to submit to personal jurisdiction in the
State of Hawaii and further agree that any cause of action arising
from or relating to the use of this Site or this Agreement shall be
brought exclusively in the Federal or State Courts residing in Honolulu
County, Hawaii. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND
PS8MODULY.CZ HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY
PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS
AGREEMENT OR THE SITE. IN ADDITION, NEITHER YOU NOR PS8MODULY.CZ SHALL
BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE
USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A
PRIVATE ATTORNEY GENERAL CAPACITY.
XII. Severability
Interpretation If any provision of this Agreement
shall be deemed unlawful, void, or for any reason unenforceable by a
court of competent jurisdiction, the validity and enforceability of any
remaining provisions shall not be affected. When used in this Agreement,
the term "including"; shall be deemed to be followed by the words
"without limitation";
XIII. Entire Agreement
This Agreement constitutes the entire and only
Agreement between Ps8moduly.cz and each user of this Site with respect
to the subject matter of this Agreement and supercedes any and all
prior or contemporaneous Agreements, representations, warranties and
understandings, written or oral, with respect to the subject matter of
this Agreement.
XIV. Miscellaneous
The failure of Ps8moduly.cz Parties to
insist upon strict adherence to any term of this Agreement shall not
constitute a waiver of such term and shall not be considered a waiver or
limit that party's right thereafter to insist upon strict adherence to
that term or any other term of this Agreement. You agree that regardless
of any statute or law to the contrary, any claim of cause of action
arising from or relating to use of this Site or this Agreement must be
filed within one (1) year after such claim or cause of action arose, or
will be forever barred. The "Disclaimer; Limitation of Liability";
provisions of this Agreement are for the benefit of Ps8moduly.cz
Parties as defined herein, and each of these individuals or entities
shall have the right to assert and enforce these provisions directly
against you on its own behalf.
XV. Policy
We respect the intellectual property rights of others and
require that Site users do the same. If you believe that your
proprietary work has been copied in a way that constitutes copyright
infringement, please forward the following information to
Ps8moduly.cz's Copyright Agent, designated as such pursuant to the
Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named
below: (a) A physical signature of the person authorized to act on
behalf of the owner of the copyright; (b) A description of the
copyrighted work that you claim has been infringed; (c) A description of
where the material that you claim is infringing is located on the
Service; (d) Your address, telephone number, and email address; (e) A
statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf. Copyright
Agent: Upspring software LLC, 1000 Bishop Street, Suite 909
Honolulu, HI 96813
Attn:
Copyright Agent
If you have any comments or questions regarding this
Agreement, or wish to report any violation of this Agreement, please
contact us. We will address any issue to the best of our abilities as
soon as possible.