Terms of Service
Last updated: 29th October 2012
- These terms of service (hereinafter referred to as the “ToS”) shall govern provision of Services (as defined below) by Tabfoundry s.r.o., with its registered address at Prague 5, Křížová 2598/4, 150 00, Czech Republic, ID: 24263028, registered with the Municipal Court in Prague under No. C 198550 (hereinafter referred to as the “Provider”) and access to the Site (as defined below), their use by you (hereinafter referred to as the “User”) and obligation of the User to pay consideration for the Services, if applicable.
- The ToS represent a legal agreement between the Provider and the User and applies to the User whether he/she is a user of the website www.tabfoundry.com (hereinafter referred to as the “Site”) and Services or just a visitor of the Site.
- By registration to and/or using the Site or any of the Services, the User shall be deemed to agree with these ToS. Provided the User disagrees with any of these terms, he/she shall not use the Services in any manner. It shall be assumed that the person acting on behalf of the corporate entity is duly authorized to act in the extent necessary for fulfilment of User’s obligations under these ToS. Provided this assumption proves incorrect, such person shall be held fully liable for User’s performances under these ToS. Persons under the age of 13 are prohibited from using the Services.
- The Provider reserves the right to modify, replace, suspend or discontinue the Services, partially or entirely in its sole discretion. All of these changes shall become effective in line with these ToS.
- The Provider is an authorized holder of all rights pertaining to the Site and Tabfoundry application (hereinafter referred to as the “Application”), including graphics (trademarks, logos etc.), designs, text, scripts, interactive features and the like, with the exclusion of Content (as defined below), and is authorized to provide the Services.
- The Provider shall provide the User with the access to the Site and the Application under the conditions of these ToS (as amended from time to time) and any additional policies that may be made available from time to time by the Provider (hereinafter referred to as the “Documentation”) and right to use the Site and the Application as specified in the Documentation (hereinafter referred to as the “Services”). Any new features of the Services shall be subject to these ToS.
Use of Services
- The Provider shall provide access to the Site and to the registered Users also to the Services as of the day of acceptance of these ToS by the User in line with the Documentation. The Services are provided to the User “as are” on any given day. The Provider does not guarantee constant accessibility of the Site and the Services and assumes no liability, in cases the Site or the Services may not be accessed by the User, which shall not affect the obligation of the User to pay the price (if applicable) for the respective period.
- When using Services, the User shall at any time adhere to and comply with the Documentation and any applicable legal and other binding rules. The Site and the Services shall not be misused by the User in any manner. The User shall mainly not:
- submit any Content that is unlawful or harm minors in any way;
- impersonate any person or entity or "stalk" or otherwise harass another;
- submit unsolicited commercial email or "spam" or any material that contains viruses, Trojan horses and the like;
- interfere with or disrupt the Service;
- promote illegal activities, physical harm or injury against any group or individual, or promote any act of cruelty to animals;
- solicit third party’s passwords or personal identifying information for unlawful or phishing purposes.
- The User hereby acknowledges that he/she accepts all applicable terms, rules and conditions of use of Facebook services as published (and updated from time to time) on www.facebook.com and shall be obliged to adhere to these rules for the whole period of duration of the relationship under these ToS. Breach of any rules governing the use of Facebook services and applications shall represent a material breach of these ToS.
- The Services allow the User to create Facebook Tabs (for Facebook pages; herein referred to as the “Tabs”) in line with the Documentation and to submit and display certain content (text, graphics, photos, videos, music, forms, other communications etc.; herein referred to as the “Content”), over which the Provider exercises no control and which the Provider does not screen prior to its submission, which may be further edited by the User using the Services. However, the Provider shall have the right to refuse, move or delete any Content that is available via the Service and to remove any Content that violates these ToS or is otherwise objectionable in its discretion. The Content shall be stored on the Provider’s servers, which may be located within or outside of the Czech Republic. The Provider, however, shall not guarantee that the Content will be accessible at all times. The User shall be obliged to make back-up copies of the Content regularly and the Provider does not assume any liability for refusal, deletion, removal, damage or loss of the Content. Accordingly, the Provider has no obligation to store, maintain or provide the User with a copy of any Content.
- The User shall be solely responsible for the Content, including (but not limited to) the liability for breach of any third party’s intellectual property rights, and the Provider does not accept nor assume any liability for or related to the Content. The User must ensure that the Content is at all times in line with the Documentation and any applicable legal and other binding rules, Facebook services rules, and is not offensive, indecent, or objectionable, nor shall it contain any explicit material. The User shall be obliged to secure and shall be responsible that submission of the Content within the Services and its editing shall not breach any third party rights.
- The Services may be accessed and used by User solely and the User shall be solely responsible for use of Services by any third parties.
- In relation to provision of Services it may be necessary that the Provider performs certain activities or changes on User’s or other Facebook Pages (for example – inclusion of the Tab, removal of the Tab, moving or renaming of the Tab etc.). Such changes will be provided only in the extent required by the User in line with User’s actions or requests and the User hereby authorizes the Provider to perform any such activities or changes on his/her behalf.
- User hereby acknowledges that the Contents submitted within the Services are accessible and will be accessed by third parties.
- The User hereby agrees that the Provider may use created Tabs including their Contents for reference as credentials in a reasonable manner and shall ensure that by such usage no third party’s rights are harmed.
- Upon the Provider’s request, the User shall without undue delay provide the Provider with all requested information regarding the User, Content or third parties related to the Content, in order to enable the Provider to fulfil its legal obligations.
- The User shall at all times provide the Provider with true, accurate and current information and data.
- By accepting the ToS by the User (i.e. when the User is deemed to agree to these ToS), the Provider grants to the User right to use the Site and, if applicable, the Application (hereinafter referred to as the “License”) in any manner in line with the Documentation in order to properly use the Site and/or the Services, in unlimited territorial scope and for the period of duration of the relationship under these ToS. The License shall be non-exclusive and non-transferrable.
- The User shall not be authorized to make or distribute copies of the Site, the Application or the Services or any parts thereof, nor to modify, amend, decompile, reverse engineer the Site, the Application or the Services, unless such limitations are excluded by the mandatory provisions of relevant laws.
- The Provider reserves all rights regarding the Site, the Application and Services not expressly granted to the User under the Documentation.
- This License does not relate to any applications, software or other copyright works, which do not constitute an integral part of the Site and the Application.
- The User shall not be obliged to pay any additional fee for the Licence exceeding the price under the Article 5 below.
- Provider’s name and logo are trademarks of the Provider and may not be copied, imitated or used, in whole or in part, without the prior written consent the Provider. In addition, this restriction applies to all page headers, custom graphics, button icons, scripts and the like.
- The User hereby confirms that no License provided upon these ToS shall relate to Facebook or Facebook applications (to which the Facebook license conditions shall apply).
Price and payment conditions
- Upon commencement of provision of the Services, the Services will be provided for the period of thirty (30) days free of charge.
- Upon expiration of the above thirty (30) days period, the User shall use the Services subject to chosen one of the following plans of use of Services: (i) free, (ii) premium or (iii) agency.
- Free. Free plan shall authorise the User to use the Services free of charge. However, Services will be provided with logo of the Provider placed on the top of the Tab. Free plan allows the User to use Services only on one (1) Facebook Page and publish only one (1) Tab. Free plan contains all features of paid plans, except Download and Upload possibility in Forms.
- Premium. Premium plan shall authorize the User to use the Services on three (3) Facebook Pages and publish unlimited number of Tabs, with small logo of the Provider placed on the bottom (footer) of each published Tab. The price for Services in Premium plan shall be 19 USD excl. VAT per month.
- Agency. Agency plan shall authorize the User to use Services on unlimited number of Facebook Pages. The price for Services in agency mode shall be 149 USD excl. VAT per month.
- The respective price for Services shall be payable monthly in advance prior to commencement of the month being paid on the day corresponding to the date of registration of the User, The price is net price which shall be paid to the Provider and any related costs (taxes, bank fees etc.) shall be borne by the User.
- The Provider reserves the right to change the prices at any time.
- Provided the User is in default with any payment or any part thereof, it undertakes to pay to the Provider default interest in the amount of 0,05% per each, even commenced, day of the default. The Provider is furthermore entitled to suspend provision of the Services until all payments in default has been duly paid by the User, whereas this shall not represent a breach of these ToS by the Provider, nor shall it deprive the Provider of its right to the price.
Personal data protection
- The User undertakes to comply with all relevant and applicable personal data processing regulation and ensure for the Provider all required consents and approvals that may be necessary for the Provider to provide Services and store the Content. Upon storing any Content by the Application, the User is deemed to dispose with all relevant consents.
- Provided use of Services by User or Content requires submission of personal data from third parties, the User undertakes to obtain sufficient consents of such third parties with processing of their personal data in the required extent and period of time for the purposes of provision and use of Services under the Documentation.
Warranty and Liability
- Without prejudice to any other provision of these ToS, the Provider does not provide any guarantee or warranty in respect of the Services, their accessibility, and functionality, whatsoever.
- In the extent permissible by mandatory provisions of relevant laws, the Provider does not accept nor assume any liability in relation to provision of Services whatsoever, including any damages, loss of profit etc. and the User hereby waives any such corresponding rights on compensation of damages.
- The User undertakes to indemnify the Provider and hold it and its employees and officers harmless in respect to all claims arising out of the breach of the User’s obligations under the Documentation, breach of third party’s rights, its use of Services or any action taken by the Provider as part of its investigation of a suspected breach of the Documentation. This provision applies to all obligations of the User under the Documentation.
- Provided the User is considered as a consumer pursuant to the applicable laws, he/she shall be entitled to warranty claims in relation to paid Services, which suffer from defects. Such claim, specifying the respective defect, should be filed with the Provider either by dedicated form or the contact details specified within these ToS or on the Site. Any such claims will be solved in line with the applicable laws and the User will be duly informed. Duration of warranty period shall be limited for the period of provision of the respective Services, unless mandatory provision of relevant laws set longer warranty period, which shall be used in such case.
- Relationship of the parties under these ToS may be terminated by the notice delivered by the User to the Provider or by dedicated function contained within the Application. The relationship shall terminate upon delivery of the notice or upon utilisation of the dedicated function contained within the Application.
- The Provider shall be authorized to immediately withdraw from the provision of Services, provided the User has breached any of its obligations under these ToS, mainly provided the User is in delay with payments due or any parts thereof, in breach of obligations related to use of Services, personal data processing, License etc.
- The Provider reserves the right to terminate provision of Services and relationship under these ToS upon its own discretion at any time. Such termination shall be effective as of the first day of the month following the notice being delivered to the User.
- The Provider reserves the right to cancel provision of Services or disable any part thereof upon receiving any information on breach or alleged breach of any third party rights in relation to provision of the Services to the User. The Provider shall inform the User on such cancellation and its reasons without undue delay. Provision of Services or any part thereof shall be restored upon the User delivers to the Provider evidence acceptable to the Provider that the reasons for cancellation were solved. Such cancellation shall not affect the obligation of the User to pay the price for the respective period.
- Within the period of seven (7) days as of termination of the relationship under these ToS, the User may request the Provider to provide the User at its own cost his/her Content that was submitted in relation to provision of Services. Any cost related to the provision of data to the User shall be paid in advance by the User. The Provider is authorized, at its own discretion, to keep the Content for the period of six (6) month, for archiving purposes only and upon expiry of such period the Content shall be erased. The Provider is authorized to keep the Content and the data for longer periods, if obliged so by the relevant laws.
Governing law and dispute resolution
- The ToS and relationship of the parties under the ToS shall be governed by the laws of the Czech Republic.
- All disputes arising from the ToS and/or in connection with it shall be finally decided with the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic by three arbitrators in accordance with the Rules of that Arbitration Court, whereas any petition filed to the named arbitration court shall represent an offer on arbitration agreement and any legal step in reaction to such petition shall represent an acceptance of such arbitration agreement offering.
- Should any provision of the ToS prove or become invalid or unenforceable, it shall not affect validity and enforceability of the other provisions, unless specified otherwise by mandatory provisions of law.
- Any communication of the parties shall be in electronic form, either via dedicated forms provided by the Provider or via e-mail. Communication delivered to the Provider shall be delivered to: email@example.com. The User shall be obliged to provide its contact details on the day of acceptance of these ToS. Each party may change its contact details by means of a notice delivered pursuant to this clause. Any communication shall be considered delivered to the other party on the day it was submitted via dedicated form or on the day notification of the delivery of the e-mail to the receiving party is delivered to the other party. Provided communication was sent to the correct contact details of the receiving party and no such notification is delivered, such communication shall be deemed delivered on the third (3rd) day as of the day of its dispatch.
- The ToS and the Documentation may be unilaterally changed and amended by the Provider from time to time, with such amendment or change becoming effective within 15 days as of posting of such an amendment on the Site. In case the User does not agree with any such amendment or change, provision of section above may apply.