ZONER software, a.s. LICENSE AGREEMENT AND TERMS OF OPERATION

for the Zonerama online application and storage point

  1. BASIC PROVISIONS
    1. This license agreement and terms of operation (“Agreement”) of ZONER software, a. s., a company with the Czech National Business ID 49437381, and with its headquarters in Brno, Czech Republic at Nové sady 583/18, postal code 602 00, recorded in the Commercial Register maintained by the Brno Regional Court, section B, insert no. 5824, founded under Czech law (“Zoner”), as the maker and operator of the Zonerama internet application, which is a computer program provided on virtual infrastructure via the Internet (software as a service), and the related internet services (collectively “Zonerama”) governs, under § 1751 par. 1 of Act No. 89/2012 Sb. (the civil code), the mutual rights and responsibilities of the contractual parties arising in connection with or on the basis of a contract on the provision of the internet services called Zonerama, which includes a license agreement (the “License Contract”) closed between Zoner as the provider on the one hand, and a physical or legal person (via an authorized representative) that will be using Zoner (the “User”) on the other hand.
    2. If a physical person is assenting to the Agreement as an authorized agent of a physical or legal person (for example in the name of their employer), then by assenting, they are declaring that they have the right to perform legal acts in the name of that person and to take on the responsibilities contained in the Agreement.
  2. PROVISION OF INTERNET SERVICES; LICENSES AND ACCESS TO ZONERAMA
    1. Through the closing of a License Contract under the conditions contained in the Agreement, Zoner offers the User the limited and non-exclusive right to use Zonerama, as well as the right to use other services related to and connected with Zonerama (the “Services”), and this in an extent of use and with a method of use set by Zoner, and for a defined period of time (a “Type of Services”). The Types of Services that Zoner offers are defined by Zoner at the start of the use of Zonerama by the User, and may be changed by Zoner.
    2. The availability of a Type of Services on Zonerama depends on whether or not a User is logged in to Zonerama. A login is an identification of the User’s identity using an existing user account (defined further in the Agreement). Logging in is only possible after expressly assenting to the agreement on whose basis a user becomes a registered user of Zonerama (a “Registered User”). Depending on whether or not they are logged in, a User has primarily these possibilities:
      1. A LOGGED-IN USER (a Registered User who signs in to Zonerama) has the possibilities of:
        1. storing and, at their discretion, making fully or partly accessible (by way of publishing or another method of sharing) to other persons (“Publishing”) image files, primarily photographs, videos, and other graphical works in electronic form (“Content”);
        2. editing or deleting stored or published Content;
        3. organizing Content into Albums and Folders (defined further in the Agreement);
        4. adding text descriptions or other data (metadata) to the Content;
        5. using other currently available functions on Zonerama.
      2. A NON-LOGGED-IN USER has the possibilities of:
        1. viewing Content;
        2. obtaining (downloading) Content, and this in the extent and the scope, and with the other conditions, defined by a Logged-in User or by Zoner.
    3. The Types of Services and other conditions of use of Zonerama, when not directly defined otherwise in the Agreement, are set by Zoner in detail in the price list and in the general terms and conditions (collectively the “Terms and Conditions”) that Zoner typically publishes on the Zoner website or other publicly available materials. Any eventual change made to the Terms and Conditions does not concern the provisions of the Agreement. Zoner reserves the right to make changes of any kind to the Terms and Conditions without stating a reason, unless specified otherwise on the basis of a separate contractual agreement between Zoner and a Registered User. Zoner is obligated to inform, via Email, a Registered User (as defined further on in this Agreement) of changes to the Terms and Conditions within 30 days before the intended changes at the latest. Any eventual non-delivery to the User of a message about a change to the Terms and Conditions does not have a delaying effect on the change. Alongside information about the change, the User will be offered the opportunity to assent to the new changes to the Agreement or to refuse these changes and, therefore, to revoke the Agreement (and thereby their License) within 3 months.
    4. The utilization of certain Zonerama functions and services may require the use of separate computer software or other services by Zoner or third parties, which Zoner may provide to the User or otherwise publish to a various extent for free or for a fee under the Terms and Conditions. The provision or use of these items may be the subject of a separate license agreement.
    5. A Registered user is not entitled to enable third parties to use Zonerama under their identity (to log in to Zonerama) in any way.
    6. No lower age limit is set for the use of Zonerama, but this does not exclude the indirect responsibility of parents, guardians, or other legal representatives for the behavior, while using Zonerama and working with the Content, of persons who are not of age (or who are legally incapable).
  3. COPYRIGHTS
    1. All copyrights for the program portions, functional plan, and graphical execution of the web pages and other elements of Zonerama that are subject to intellectual property protection belong to Zoner or its suppliers. Its intellectual property is protected by copyright laws applicable on the territory of the Czech Republic and of other countries under valid international treaties governing intellectual property rights.
    2. No-one is permitted to include Zonerama or any of its functions in their own products or the products of third parties, nor to reverse-engineer its functioning.
  4. ZONER ACCOUNT
    1. A User’s login to Zonerama is performed using their personal account with Zoner (their “Zoner Account”). Zoner Accounts have the form of a Web service. To create their Zoner Account, the User must enter a valid email address (an “Email”). The Email serves as the Registered User’s unique ID for login to their Zoner Account and the Zonerama website, and if appropriate for access to other selected services and software products of Zoner, and also as a basic channel for communication between Zoner and a Registered User. The disposal of Emails and other data obtained through the creation of a Zoner Account is described in the Terms and Conditions.
  5. FORMS IN WHICH CONTENT IS PUBLISHED
    1. Content on Zonerama is organized into groups for which unified configuration of rules and forms of Content Publishing is typical (“Albums”) and, where appropriate, also into groups of multiple Albums (“Folders”). From the standpoint of Publishing Content for other Users, the following options for Folder configuration are defined:
      1. PUBLIC FOLDERS. Folders and individual Albums configured as public by a Logged-in User are accessible to every User without restriction.
      2. HIDDEN FOLDERS. Folders and individual Albums configured as hidden by a Logged-in User are only accessible to Users to whom the Logged-in User has provided a direct link (a URL) for the display of the Album or Folder.
    2. A Logged-in User may change the configuration of an Album or Folder at any time. All responsibility for the configuration of Albums or Folders is borne exclusively by the Logged-in User. Zoner is not authorized in any way to change this configuration without the knowledge of the Logged-in User.
    3. A Logged-in User may use Zonerama’s settings to define whether or not Content should be findable within Zonerama itself, and whether or not it should be findable via the Internet applications of third parties that map Internet content and enable access to Content (e.g. search engines). The changing of a Public Folder into a Hidden Folder cannot influence the case where the Content of the Albums contained in the Folder has already been mapped by another application. In the case of an attempt to display the Content in a Folder or Album, however, this Content is only made accessible to Users under the currently applicable conditions.
    4. A Logged-in User may set a password for access to any of their Albums. Without knowledge of the password, only the given Logged-in User themselves may access the Album. By setting a password, the Logged-in User also prevents other services and software products from accessing the Content in the Album. In the case of the loss of the password for an Album, Zoner does not under any circumstances share this password, neither with the Logged-in User themselves, nor with any third party, even for a fee. Zoner does not bear responsibility for any consequences of the abuse of the password for an Album in the case where a Logged-in User or any other person makes it accessible in any way.
    5. Certain Albums may only be accessible to Users via specific means (e.g. only via another software product or Internet service) or may not be a part of a Folder.
    6. Depending on the method of use, the existence of certain Albums may be time-limited. The time of the termination of the existence of an Album is shown to a Logged-in User in the settings for that Album, and the Logged-in User has, throughout the Album’s period of existence, the ability to extend that period of existence. After that period has passed, the Album and all of its contents are removed from the storage point automatically and without further prompting or a replacement.
    7. The look and the functionality of the Zonerama web pages, and especially the Folders and Albums and all automated means of communication (e.g. predefined messages with links to Albums) are defined by Zoner, with the exception of the possibilities that Zoner offers to Logged-in Users in the form of individual settings for Albums and Folders, assuming that it has not been decided otherwise on the basis of a separate contractual agreement between Zoner and the User.
    8. In dependence on the Type of Services, Content is published for Non-logged-in Users on a web page with a unique internet address (URL), and this for every Zoner Account of the Registered User separately.
  6. CONDITIONS FOR CONTENT PUBLISHING
    1. For every published part of their Content, a Logged-in User may—if such a function is available—set conditions for its further use by other Users. This primarily concerns the possibility of downloading image files to a computer or other device and the conditions for eventual further publishing of downloaded Content.
    2. In dependence on the configuration of an Album, a User may create an Internet code for embedding a specific graphical presentation of an Album into any web pages of their choice (an “Embedded Element”). No other form of use of Content within other web pages than the above is allowed. It is particularly forbidden to link to and display Content or individual image files via any program code (or other means) that might prevent, during its display, the visual identification of Zonerama on any web page.
    3. The Registered User agrees that Zoner is also entitled:
      1. to add any desired individual image files from Albums that are not password-protected, within Folders that the Registered User has marked as Public Folders, to Zoner’s own separate special-purpose Albums, and to publish the Albums thus created within Zonerama or via an Embedded Element on any external web page they choose, for the purpose of presenting Content by Registered Users;
      2. to create screenshots of the Zonerama website of any kind in which the Content of any Registered User in a public Folder is displayed, and to use these screenshots for any presentation purposes of Zonerama, without thereby violating thereby the rights of the Registered User or third parties.
    4. Zoner may act thusly without the assent of the Registered User, and is not obligated to inform them of this type of usage of Content. This usage is not considered as contingent upon the possession of an exclusive license to the use of the Content.
  7. FORBIDDEN CONTENT
    1. The User is not entitled to publish on Zonerama any content:
      1. for which the User is not the author or the executor of authorial rights, or, where applicable, for which the User does not have the assent of the author or the executor of authorial rights for the corresponding form of publishing of the Content;
      2. for which the User does not have the legally required consent of the persons displayed in the Content (protection of dignity);
      3. for which the User does not have the consent of the authors or executors of the authorial works that are displayed in the Content, if such assent is required by law;
      4. for which their publishing would harm the rights and rightful interests of other persons.
    2. This restriction also applies for modifications of such Content (various edits, changes of form, etc.), and this both for the whole and the parts (e.g. crops), including works incorporated into the User’s own works (e.g. collages), with the exception of cases specified by law.
    3. The User is not authorized to store on Zonerama, nor to publish, such Content as whose production, ownership, dissemination, publishing, or other disposal violates laws valid in the Czech Republic or as is otherwise in conflict with ethics or the foundations of civic harmony.
    4. Expressly, above and beyond the above-stated restrictions, it is forbidden on Zonerama to publish Content with any kind of pornographic subject (Content with purposeful, non-artistic display of the human body or any of its parts with a primarily sexual subtext), as well as Content inciting intolerance or acts of violence towards any group of persons, and this even indirectly (e.g. via a display of symbols). The following is not considered a pornographic subject: any not-inappropriate, socially-acceptable form of artistic treatment of nudity (nudes), and private photographs of naked persons that are not taken with a sexual subtext, with the evaluation of the suitability of such content being exclusively under Zoner’s purview. Content that displays any kind of naked person or portion of them and that meanwhile cannot be considered an artistic treatment of the naked body in the sense of the above definition, and likewise any Content displaying naked persons who are not of age or any portion of them, can be published exclusively in Hidden Albums; meanwhile this does not affect the provisions of the Agreement on the restrictions on Content with a pornographic theme and on displayed persons’ right to the protection of their dignity.
    5. In any case where Zoner learns of the storage or publishing of any form of Content defined in this point (“Forbidden Content”), it is entitled to prevent all users from accessing the Forbidden Content, and this unless it is provably shown that this is not Forbidden Content. The burden of proof on the appropriateness of Content is exclusively on the side of the User who stored the Content on Zonerama. The User will take into account the fact that Zonerama can contain functions that enable other users to inform Zoner of published Content about which there exists the suspicion that it may be Forbidden Content.
  8. RESPONSIBILITY FOR CONTENT
    1. All stored or published Content is the exclusive responsibility of the User who stored the Content on Zonerama, and this User also bears all liability for all damages caused to anyone through the publishing of such Content, and will be aware of the possibility of being exposed to criminal prosecution in the case of a violation of law. Zoner is in no way obligated to oversee stored and published Content and is not obligated to actively seek out facts and circumstances pointing towards the unlawful activity of a Logged-in User, or to seek out Forbidden Content. In accordance with the provisions of Czech law, Zoner only bears responsibility for stored Content when:
      1. in light of its line of business and the circumstances and nature of a case, it could know that the Content or the actions of a Logged-in User are unlawful, or
      2. it has provably learned of the unlawful nature of the Content or the unlawful behavior of the Logged-in User and has not taken without delay all steps that could be asked of it, and especially has not blocked access to the Content.
  9. TIME LIMITS ON THE LICENSE AND ON SERVICES
    1. In dependence on the Type of Services, the Services offered to Registered Users are time-limited, with the specific time limit set in the Terms and Conditions for the specific Type of Services.
    2. If Services or a part of the services of Zonerama are marked as “unlimited-time” or “not time-limited” (or marked with other wordings of similar meanings), this only means that at the moment of initiating the use of the Services, no specific termination date has been set. Zoner reserves the right to adjust time limits at any time.
  10. OTHER RESTRICTIONS ON USE
    1. In dependence on the Type of Services, Zoner may:
      1. restrict the User’s access to certain Zonerama functions, including functions that use other software tools (e.g. the computer software Zoner Photo Studio);
      2. restrict the User’s access to certain Zonerama services;
      3. restrict (for stored or published content) the number of stored image files or the quality of the data stored (the resolution, the format of the graphical data (i.e. the method of binary storage of the data in the file), adding a watermark, etc.);
      4. set the visual form for the Content’s organization;
      5. define the geographic location for the Services and for the storage of the Content;
      6. set conditions for the storage of the Content;
      7. restrict the commercial use of Zonerama.
    2. The scopes of the restrictions on individual Types of Services and of any other eventual restrictions are stated in the Terms and Conditions.
  11. NON-COMMERCIAL USE
    1. The use of Zonerama may, for certain Types of Services, be contingent upon non-commercial use. “Non-Commercial Use” means any use of Zonerama that does not take place within the framework of business activities or other profitable activities. This typically means private use outside of both private enterprise and any labor-law relationships. The occasional use of Zonerama for profitable activities whose performance does not require a business permit (e.g. one-off sales or sharing Content for the paid publishing of one’s own photographs) is considered to be non-commercial for the purposes of this Agreement.
  12. COMMERCIAL MESSAGES
    1. In dependence on the Type of Services, commercial messages placed by Zoner may be a part of the Zonerama website and of any related electronic messages (e.g. messages for transferring Content links among Users). Such messages may be in the form of text, graphics, or an audio-visual presentation, and may contain links to the websites of third parties. The User is obligated to accept these messages with the form, scope, and content given to them by Zoner. The scope of commercial messages is set in the Terms and Conditions.
  13. ACCESS TO ZONERAMA
    1. The User is only entitled to access Content via the means that Zoner makes available for these purposes; primarily via the Zonerama web interface, the program Zoner Photo Studio, and the interface for machine access to the Content and functions on Zonerama (its API). Any other automated method for uploading or obtaining content besides the above is not permitted.
  14. BACKUP
    1. In dependence on the Type of Services, Zoner ensures the automatic and periodic creation of a copy of the Content and the configuration of its parameters (a “Backup”); this Backup serves for restoring the Content in the case of unexpected loss, damage, or any other need to work with Content stored in the past. The parameters of the Backup for individual Types of Services are stated in the Terms and Conditions.
  15. AVAILABILITY OF ZONERAMA
    1. In dependence on the Type of Services, Zoner ensures the availability of all parts of Zonerama in the scope stated in the Terms and Conditions. Availability here means the possibility of smooth and error-free utilization of Zonerama by the User. If not established otherwise by the Terms and Conditions or a separate contractual agreement, Zoner is not obligated to state to the User the reasons for any eventual Zonerama downtimes.
  16. USAGE INFORMATION
    1. Zonerama collects information on selected actions that the User takes, including the length of use. In no case does Zoner collect any information from content processed by the User—neither graphical content nor metadata—with the exception of completely general data on Content (photo dimensions, formats, data size, etc.). The data thus obtained is sent to Zoner solely anonymously; that is, it is not in any way connected with a specific User or their Zoner Account, and serves exclusively for statistical purposes and for guiding Zonerama’s development and optimization. The data obtained may primarily be used for marketing purposes by Zoner and for processing in the following services: Google AdWords, Google Analytics, Wingify Visual Website Optimizer, Seznam Sklik, and Facebook. While the exact set of services can change, the nature of the services will remain the same. The data is stored on Zoner’s secure servers and on the servers of the above-mentioned service providers.
    2. Besides the data stated above, Zoner stores data regarding all Zonerama web pages visited by Users and visited links and the movement of each User on web pages. This data is stored in cookie files on the User’s computer and is anonymized. The Zonerama website uses the Google Analytics service offered by Google, Inc. (“Google”). Google stores data using cookie files, which are text files stored on the User’s computer that enable the analysis of how Zonerama is used by the User. Information (including IP addresses) stored in cookie files about the use of Zonerama will be transferred by Google and stored on Google’s servers. Google will use this information for evaluating the usage of Zonerama, creating reports for Zoner on the activities of its users, and offering other services concerning activity on Zonerama and Internet usage overall. Google may offer such information to third parties if it is required to by law or when a third party will be processing this information for Google. Google will not connect the IP address of a User with any other data that it has available.
    3. The User automatically agrees to the collection, storage, and evaluation of the above-mentioned anonymous data in an extent that is in accord with Zoner’s policy for the handling of personal data, as contained in the Terms and Conditions. The User cannot stop the sending of the above-mentioned data to Zoner.
  17. TECHNICAL PARAMETERS OF ZONERAMA’S OPERATION
    1. If not established otherwise on the basis of a separate contractual agreement with Zoner, then Zoner is entitled to do the following without the agreement of a Logged-in User:
      1. divide the program code of Zonerama and the Content over any set of computers physically located anywhere in the world;
      2. secure, at its own discretion, a certain level of security for Zonerama and protection for the Content;
      3. utilize any physical form of its choice for storing the Content;
  18. LIMITATION OF LIABILITY AND WARRANTY
    1. The use of Zonerama is contingent upon Internet access. Zoner is not responsible in any way for technical or legislative restrictions on the availability off Zonerama caused by third parties in dependence on the time and place of the User’s access to Zonerama.
    2. Zoner is not responsible for the integrity and quality of Content that has been affected or damaged by any representative of a third party, including any interventions made on the basis of a special license for direct access to the Content on the system level, if such a license is provided to the User on the basis of a separate agreement; nor by acts of nature.
    3. Zoner is not responsible for the Content, nor for any eventual breaches of copyright or of personal dignity, legal restrictions, norms, standards, or laws caused by the processing of the Content.
    4. Zoner is not responsible for problems connected with the compatibility of Zonerama with the Content, nor with eventual future data formats, no matter whether these formats are considered a universally binding standard or are of a private nature.
    5. The Zonerama web pages, in all of their language versions, are operated “as-is” with no guarantees of quality, completeness of information, accuracy, availability, suitability, or saleability.
    6. Zoner assumes no liability for damages caused by the use of Zonerama, nor for any other damages indirectly connected with Zonerama. ZONER WILL NOT BE OBLIGATED TO COMPENSATE THE USER, NOR ANY THIRD PARTY, FOR ANY INDIRECT, SUBSEQUENT, SUBSIDIARY, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS OR REVENUE, DAMAGES FOR LOSS OF PRIVACY, LOSS OF ENJOYMENT OF ANY DEVICE OR SOFTWARE, LOSS OF CONTENT OR OTHER DATA, INTERRUPTION OF OPERATIONS, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) INCURRED IN CONNECTION WITH THIS AGREEMENT OR ZONERAMA, THE USE OF WHICH IS ENABLED HEREUNDER; THIS STILL APPLIES IN ANY CASE WHERE THE USER WAS ADVISED BY ZONER ON THE POSSIBILITY OF THE OCCURENCE OF SUCH DAMAGES, AND NEITHER THE CAUSE OF DAMAGES NOR THE THEORY OF LIABILITY FOR DAMAGES WILL BE TAKEN INTO ACCOUNT. LIABILITY FOR DAMAGES IN ACCORDANCE WITH THE ABOVE WILL APPLY IN THE MAXIMUM POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. ZONER’S LIABILITY FOR DAMAGES CONNECTED WITH ZONERAMA WILL IN NO CASE EXCEED THE AMOUNT THAT THE USER OR OTHER ENTITY ACTUALLY PAID FOR THE ABILITY TO USE ZONERAMA UNDER ZONER’S TERMS AND CONDITIONS ON THE DATE ON WHICH IT BEGAN OFFERING SERVICES, WHICHEVER AMOUNT IS LOWER.
  19. TERMINATION OF THE AGREEMENT
    1. The License Contract and the ability to use the Services both cease to exist in the case of the User’s violating any point in the Agreement. When ending the Contract, Zoner is entitled to end the use of Zonerama by the User and simultaneously to call the User to remove all Content stored or published by the User, and this within an adequate deadline set by the Terms and Conditions. If the User does not do so within the set deadline, Zoner is entitled to remove all Content without compensation. Simultaneously Zoner is entitled to restrict access to stored content so that it is available to Logged-in Users only.
  20. ASSENT TO THE LICENSE AGREEMENT
    1. Zoner enables the use of Zonerama exclusively on the basis of the User’s assent to the Agreement. Assent is recorded electronically. Starting at the commencement of the User’s use of Zonerama, the User is obligated to abide by all provisions of this Agreement if not established otherwise based on another provision of the License Contract between Zoner and the User.
    2. Zoner reserves the right to change the Agreement at any time in the future and, should a User fail to provide assent to such changes within an appropriate time, to then restrict, suspend, or completely terminate their use of Zonerama.
    3. If the User does not assent to the wording of the Agreement, then the User is not entitled to confirm their assent. The User is entitled to withdraw their assent at any time by terminating their use of Zonerama and removing all Content stored upon it.
    4. This Agreement unconditionally terminates all relevant contractual agreements regarding the use of Zonerama that Zoner has closed with the User in the past.
    5. Non-logged-in Users are also obligated to abide by the relevant parts of the Agreement. The current wording of the Agreement is available to them at www.zonerama.com. In the case where a User does not agree with the wording of the Agreement, they are not entitled to use Zonerama.
  21. VALIDITY OF THE AGREEMENT
    1. The governing law for this Contract is the law of the Czech Republic. The use of Zonerama and disposal of its Content are primarily governed by currently valid Czech law. Zoner simultaneously respects the laws of the countries of physical residence of the computers on which Zonerama is run and of the Content storage points that Zonerama utilizes. Zoner does not in any way territorially restrict the use of Zonerama and the publishing of Content.
    2. All conflicts will be resolved in the courts of the Czech Republic. If changes to the governing law occur in the course of the Agreement’s validity, and these affect certain provisions of the Agreement, then all other provisions of the Agreement remain in force.
    3. The provisions of this Agreement may change at any time if it is necessary, primarily:
      1. to reflect legislative changes in the applicable law;
      2. to reflect factors related to Zonerama’s development;
      3. to reflect changes in the operational demands of Zonerama or the services offered.
    4. Zoner is required to inform the User of planned changes to the Agreement at least 30 days in advance before the planned change, and this:
      1. via a message sent to the Email that the User has submitted via their Zoner Account;
      2. via notifications displayed to Logged-in Users by Zoner;
      3. in any other way determined on the basis of another contractual agreement between the Registered User and Zoner.
    5. Zoner does not guarantee that information on changes will be successfully delivered to the User. Alongside such information, the User will be offered the ability to assent to the new wording of the Agreement or to instead reject this change and, due to such rejection, to revoke the Agreement within 3 months.
    6. Any provision of this Agreement may be changed, or the Agreement supplemented, on the basis of a separate contractual agreement between the User and Zoner.
This wording of the Agreement is valid as of 21.10.2016.
Last revised 20.10.2016