END USER LICENCE AGREEMENT
Before logging into the Virtual World and your further use of the Application, please read carefully the following End User Licence Agreement. By using the Virtual World, you agree to be legally bound by the terms and conditions hereof.
- This Agreement is entered into by and between us, Confer-O-Matic s.r.o., Id. No.: 09688552, a company with its registered office at Na Harfě 916/9a, Vysočany, 190 00 Prague 9, registered in the Commercial Register kept by the Municipal Court in Prague under File No. C 340477 (hereinafter also “Confer-O-Matic”), as the provider, and you (hereinafter also the “Participant”), as a participant in a virtual event (in particular, conferences, workshops, celebrations or other social events) (hereinafter the “Event”). This Agreement provides for your use of the Virtual World through an application operated by Confer-O-Matic (hereinafter the “Application”) within your participation in an Event organised by a third party – the organiser.
- The term “Virtual World” includes all products and services provided to you by Confer-O-Matic through the Application. These include, in particular, software of the Application and the relevant virtual environment, including all its parts (e.g. source code), tools and contents (e.g. graphic elements or musical content), and all services related to logging into the relevant virtual environment.
- Information on the processing of your personal data by Confer-O-Matic, which occurs in connection with your use of the Virtual World, is provided in the document titled the Personal Data Processing Policy, available here.
2. Authorisation to use (the licence) and ownership title
- Confer-O-Matic hereby grants you the right to use the Virtual World to participate in the Event (i.e. licence) under the terms and conditions stipulated herein. The licence is granted without territorial limitation for a period reasonably necessary for participation in the Event. This licence also includes all modifications, updates and enhancements made available to you or other modifications of the Virtual World as made by Confer-O-Matic.
- You agree to use the Virtual World strictly in accordance with this Agreement. It is prohibited to use the Virtual World in the following ways:
to grant a sublicence to a third party, sell, lease or otherwise distribute the Virtual World;
to make copies of the Virtual World other than copies necessary for the use of the Virtual World on your device;
to modify, combine, distribute, re-translate, analyse, decompile or disassemble the Virtual World unless expressly permitted by this Agreement, prior arrangements between the Parties hereto, or applicable legal regulations that cannot be derogated from by agreement;
to circumvent or eliminate measures against misuse of the Virtual World;
to use the Virtual World in any manner breaching the applicable legal regulations and/or good morals.
- Confer-O-Matic may provide you with or unilaterally carry out repairs (patches), updates or other modifications of the Virtual World with a view to eliminating or correcting errors, defects or other problems with a view to preventing misuse of the Virtual World or breach of this Agreement or with a view to improving the Virtual World and our services.
- When using the Virtual World, be considerate and polite to other participants and users. Do not choose user names which are vulgar or offensive or which infringe on other persons’ rights, especially personal rights. We reserve the right to adopt suitable measures to remedy such conduct, e.g. change your user name or suspend or block your access to the Virtual World.
- Confer-O-Matic represents that it has all the authorisations to enter into this Agreement and to provide you with the rights following herefrom (including, but not limited to, the authorisation to use the Virtual World).
- All ownership rights to the Virtual World are retained by Confer-O-Matic, its suppliers and licensors. No ownership titles are being transferred to you. You are not granted any licences other than the licence specified in Art. 2.1.
3. Participant’s Content
- You acknowledge and agree that Confer-O-Matic is authorised to use, modify and make copies of any information and content you employ in the use of the Virtual World (hereinafter the “Participant’s Content”). However, Confer-O-Matic may do so exclusively for the purposes of enabling you to use the Virtual World.
- You represent that you have the right to provide Confer-O-Matic with the Participant’s Content that is subject to intellectual property rights and that no part of the Participant’s Content is in breach of the applicable legal regulations, good morals or third-party rights (including, but not limited to, intellectual property rights).
- Confer-O-Matic agrees to use all efforts that can be reasonably required from it to secure the Participant’s Content against leakage or misuse. However, you acknowledge that Confer-O-Matic does not guarantee that unauthorised third parties will never gain access to the Participant’s Content under any circumstances.
- No rights to your intellectual property you have provided to Confer-O-Matic in the use of the Virtual World pass to Confer-O-Matic.
4. Responsibility of Confer-O-Matic
- Confer-O-Matic authorises you to use the Virtual World “as it is”, without any guarantees. Among other things, Confer-O-Matic does not guarantee that the Virtual World and its use are suitable for a specific purpose. It does not provide any guarantee that the Virtual World works without any error, fault, interruption or any other problem or in absolute security.
- Confer-O-Matic does not guarantee to you any specific result following from the use of the Virtual World. The Virtual World is intended as a tool for your business and other presentations and communication with other participants. You are exclusively responsible for its use and you assume responsibility for any and all related risks.
- Confer-O-Matic or its licensors are in no way liable vis-à-vis you for any losses or damage related to the use of the Virtual World, including loss of good reputation, losses caused by interruption of work activities, losses following from breakdown or failure of your equipment or any other business damage or losses.
- Within the scope of the limitation of liability of Confer-O-Matic specified in this Article, Confer-O-Matic is not liable for any tangible, intangible, direct, indirect, consequential, economic or other harm caused by the use of the Virtual World.
5. Responsibility of the Participant
- You are liable for all your actions in the Virtual World and for any damage caused thereby to Confer-O-Matic or third parties. This also includes the Participant’s Content, including any visual, written or audio communication made in the Virtual World. Confer-O-Matic reserves the right to delete, without prior notice, any Participant’s Content at variance with this Agreement or the law.
- You agree to indemnify Confer-O-Matic, its employees, members of governing bodies, licensors and suppliers and, if applicable, their legal successors for any and all performances that they have to expend to satisfy third-party claims or sanctions imposed by public authorities, including reasonable costs of legal defence, resulting from damage you caused by using the Virtual World at variance with this Agreement.
6. Term and termination
- This Agreement enters into force and effect on the date you have approved this Agreement. You can terminate the Agreement at any time without stating a reason by uninstalling the Application from your device.
- Should you materially breach this Agreement, Confer-O-Matic may terminate the Agreement with immediate effect by blocking your access to the Virtual World. In that case, you will lose all the rights hereunder, including, but not limited to, the right to use the Virtual World. All other obligations of Confer-O-Matic vis-à-vis you hereunder will also expire.
7. Your consumer rights
- If you are a consumer (generally understood as an individual acting in a personal, non-commercial matter), you have special consumer rights in relation to this Agreement under applicable legal regulations. In general, you are informed of your consumer rights under the agreement – i.e. an agreement on your participation in the Event between you and the organiser – by the organiser who provides you with participation in the Event and who serves as an intermediary for the access to the Virtual World.
- If your licence to the Virtual World has any defect (i.e. it does not comply with this Agreement), you acquire rights based on defective performance. If the defect can be remedied, you may claim either a repair or supplementation of what is missing. If the defect cannot be remedied and, as a result, the licence cannot be properly used, you may withdraw from this Agreement by uninstalling the Application from your device. Please note that the right to use the Virtual World is granted to you for the Virtual World “as it is” (see Art. 4.1.).
- Confer-O-Matic hereby informs you, as a consumer, that in case of a dispute with Confer-O-Matic regarding the rights and obligations hereunder, you may file an application for out-of-court resolution of the dispute. Information on the manner and conditions of out-of-court resolution, as well as the form for initiation of a procedure concerning an out-of-court resolution of a consumer dispute, is available on the website of the Czech Trade Inspection Authority at www.coi.cz in the Czech and English languages. A list of authorities of other EU Member States that are competent to settle consumer disputes out of court is available here. As a consumer, you may also use the online dispute resolution platform established by the European Commission at: http://ec.europa.eu/consumers/odr/.
- Digital content provided through the Application is compatible with the following operating systems and devices:
- Minimum hardware requirements for Windows: Windows 7 (SP1+) and Windows 10, 64-bit version. Intel Core i5 CPU, 4GB RAM, a graphics card supporting DirectX 10 and higher.
- Minimum hardware requirements for MacOS: Catalina 10.15.7+. Intel Core i5 CPU, 4GB RAM, an integrated Intel or AMD graphics card.
- Minimum requirements on internet speed: 2-4 Mbit/s.
8. Governing law and dispute resolution
- This Agreement, all claims related to it, their implementation, as well as the use of the Virtual World, shall be governed by the laws of the Czech Republic (except for conflict-of-law rules of private international law), including the provisions on time-barring. This shall also apply to obligations to compensate damage caused by breach of this Agreement or surrendering of unjust enrichment arising in connection with this Agreement.
- Any disputes concerning the obligations hereunder or relating to the legal relationships arising in connection herewith shall be resolved by the courts of the Czech Republic. The competence of other courts is not permissible.
9. Amendments and supplementations hereto
- Confer-O-Matic reserves the right to amend and supplement this Agreement at its own discretion from time to time. In that case, Confer-O-Matic shall publish the respective amendments and updated wording of this Agreement and shall take appropriate steps to inform you of this fact, especially through the Application.
- Any and all amendments to this Agreement become effective upon their publication. By logging into the Virtual World after the updated wording of the Agreement has been published in the Application, you grant your consent to the updated wording of this Agreement as a whole.
- You are not authorised to assign this Agreement or any rights hereunder to a third party.
- If any of the provisions hereof is or becomes ineffective, invalid, unenforceable or impracticable, this shall in no way prejudice other provisions hereof.
11. Support and contact details
- If you have any problems with using the Virtual World, please contact the organiser of the Event. Report any unplanned outage, error or defect of the Virtual World to the organiser of the Event as soon as you learn about it. Confer-O-Matic provides technical support to Participants on the date of the Event by e-mail at firstname.lastname@example.org.
- If you have any questions, comments or want to provide us with feedback, you can contact us at email@example.com. Please contact us also if you have any complaints regarding the performance of this Agreement by Confer-O-Matic.