1. Definitions and Interpretations

1.1. In the context of these Terms, the terms below with a capital letter, in the singular or in the plural, have been defined as follows:

“EYEBALL” refers to Eyeball s.r.o. with its seat at Jungmannova 745/24, Nové Město, 110 00 Praha 1, Czech Republic, Identification No. 096 74 454, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 340190. “Site” refers to this website. “Terms” refers to these Terms of Use.

2. General

2.1. These Terms govern your access to and use of the Site, which is owned and operated by EYEBALL.

2.2. Please read these Terms carefully before accessing or using the Site. By accessing or using the Site, you accept and agree to be bound by these Terms. If you are accessing or using the Site on behalf of your employer or another person or entity, you represent and warrant that you have full legal authority to bind such employer or other person or entity. If you do not have such authority or you do not agree with these Terms, do not access or use the Site.

3. Use of the Site

3.1. You acknowledge that without EYEBALL´s prior written consent you shall not be entitled to use the texts, graphic works or other objects which can be found on the Site and are protected by copyright as well as other objects located on the Site which are not protected by copyright, however, due to their nature EYEBALL wishes to restrict their usage by third persons in any possible manner.

3.2. You will access and use the Site and participate in the Site for lawful purposes only and only in accordance with these Terms and its intended use.

3.3. You will not on or through the Site do any of the following:

• Conduct any unlawful activity;
• Resell or make commercial use of the Site, any part thereof;
• Use any data mining, robots or similar data gathering and extraction tools on or at the Site or use any other automated means to access the Site;
• Frame or use framing techniques to enclose the Site or any part thereof (including images, text, page layout or form);
• Take any action that imposes, or may impose at EYEBALL’s sole discretion, an unreasonable or disproportionately large load on EYEBALL’s servers or other infrastructure or use the Site in any way that causes, or is likely to cause, the Site or access to or use of it to be interrupted, damaged or impaired in any way;
• Exploit for any commercial purpose the Site or any part thereof.

4. Links

4.1. The Site may contain links to internet content which is not a part of the Site. You agree and acknowledge that EYEBALL is not responsible for such content.

5. Termination of Use

5.1. EYEBALL may at its sole discretion terminate or limit anyone’s access to or use of the Site at any time and for any reason without prior notice. In particular, EYEBALL may immediately terminate or limit your access to or use of the Site without notice, if you fail to comply with any provision of these Terms or any other agreement with EYEBALL. In such event, you agree to immediately stop using the Site at EYEBALL’s request.

6. No Implied Warranty

6.1. The Site is without any representation, warranty or guaranty of any kind, either express or implied, including any implied warranties of fitness for a particular purpose. EYEBALL does not represent or warrant that the Site will meet your requirements or that its use will be uninterrupted or error free. You bear the entire risk as to the quality, performance and use of the Site.

7. Limitations of Liability

7.1. EYEBALL shall not be liable to you or any other person or entity for any damages or lost profits, costs or losses arising under these Terms or arising out of your use of the Site.

7.2. Notwithstanding anything else in these Terms, the total maximum aggregate liability of EYEBALL under these Terms, or the access or use of the Site, shall be limited to an aggregate of CZK 1 (one Czech Crown).

8. Indemnification

8.1. You agree to indemnify and hold EYEBALL harmless against all claims or liability asserted against it arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms.

9. Changes to Legal Terms

9.1. EYEBALL may change these Terms at any time and from time to time without notice. You are cautioned to review the Terms posted on the Site periodically. Your continued access to or use of the Site after any such changes are posted will constitute your acceptance of and agreement to the changes.

10. Interpretation

10.1. If any provision, or portion thereof, of these Terms, or its application to any person or circumstance, shall be invalid, illegal or unenforceable to any extent, the remainder of these Terms, such provision and their application shall not be affected thereby, but shall be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as is possible, to the original intent of the parties, and shall otherwise be enforceable to the fullest extent permitted by law.

10.2. The Agreement and these Terms and the relationships arising thereunder are governed by and construed in accordance with the laws of the Czech Republic without regard to the conflict of laws provisions thereof.

10.3. All disputes arising from these Terms and/or in connection with it shall be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic by one arbitrator appointed by the President of the Arbitration Court. The arbitration proceedings shall be held in English.