Terms of use of the emmacapital.cz and emmacapital.eu websites (“Terms”)

Please read these Terms carefully before proceeding to use the www.emmacapital.cz and www.emmacapital.eu websites (the “Sites”). By entering and/or using the Sites, you agree to the Terms specified below.

The Sites are owned by EMMA Capital, a company incorporated and existing under the laws of the Czech Republic, having its registered office at Praha 6, Evropská 2690/17, Post Code 160 41, Czech Republic (“EMMA Capital”). EMMA Capital may change or amend these Terms from time to time without prior notice. Accordingly, please continue to review these Terms whenever accessing or using the Sites. Your use of the Sites after the implementation of modifications to these Terms will constitute your acceptance of the Terms as modified. If, at any time, you do not wish to accept the Terms, you may not use the Sites. EMMA Capital expressly rejects any terms and conditions proposed by you which are in addition to or in conflict with these Terms; any such terms and conditions shall be of no force or effect.

The present Terms are in effect from 01. 10. 2016.

Use of the Sites' content

EMMA Capital is the holder of all copyrights to the Sites and their content including texts, graphic design, technical drawings, graphics, images and/or photographs posted on the Sites and all copyrights to the selection and arrangement of files posted on the Sites (the “Content”). Regardless of the aforesaid, certain materials or texts posted by EMMA Capital on the Sites (including but not limited to trademarks, logos etc.) may be the property of third parties and may be protected under relevant legal regulations on the protection of intellectual property rights.

The entire Content of the Sites including photographs and the EMMA Capital logo posted on the Sites in the “Photo Gallery” section is protected under Act No 121/2000 on copyright, on rights related with copyright, and amending certain acts (the Copyright Act), as amended. The photographs and the EMMA Capital logo posted on the Sites in the “Photo Gallery” section are offered to general public for free download.

By downloading a photograph or the EMMA Capital logo from the “Photo Gallery” section of the Website, you agree to use the photograph or the EMMA Capital logo in accordance with the applicable legal regulations of the Czech Republic and good practise, and for purposes and in a manner that will not impair the good reputation of EMMA Capital, good reputation of entities controlled by, in control of, under common control with, or otherwise affiliated with, EMMA Capital, infringe on the rights and legally protected interests of the aforementioned entities and legally protected interests of persons shown in photographs, and that will pertain to the activities of EMMA Capital and/or the aforementioned entities.

Regardless of the aforesaid, it is expressly forbidden to use the photographs or the EMMA Capital logo posted on the Website in the Photo Gallery section:

(i) for advertising purposes of any kind and for promotional purposes (including the placement on gift items, billboards etc.);
(ii) for the purposes of promoting political parties or movements;
(iii) by way of inclusion in materials violating the legal regulations of the Czech Republic and good practise or endangering public order;
(iv) by way of inclusion in materials whose content is discriminatory in terms of religion, race, or gender, or promoting violence or any illegal acts;
(v) by way of inclusion in materials capable of damaging the good reputation of the aforementioned entities or the personal rights of the persons shown in the photographs;
(vi) in connection with deceptive or untrue information or reports;
(vii) for the purpose of sale to third parties.

It is furthermore forbidden to:

(i) use the Sites and their Content for any purposes other than exclusively personal and non-commercial; this provision does not apply to the photographs and the EMMA Capital logo posted in the Sites in the “Photo Gallery” section pending the observance of the terms of use of the photographs and the EMMA Capital logo stated in the present Terms; 
(ii) duplicate, alter, modify, rearrange or otherwise tamper with the Content, including but not limited to the EMMA Capital logo and the photographs posted in the “Photo Gallery” section, and disseminate any such altered, modified, rearranged or otherwise affected photographs.

You may retrieve and display the Content of the Sites on a computer or mobile telephone screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or on your mobile telephone (but not on any server or other storage device connected to a network) for your personal, non-commercial use only.

Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the previous sentence, you may not do any of the following without prior written consent from EMMA Capital:

• redistribute, retransmit, republish any of the Content (including by using it as part of any library, archive or similar service);

• remove the copyright or trademark notice from any copies of Content made under these Terms;

• create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content. When using the Sites, you shall not disturb the security, integrity and in general the operation of the Sites, use the Sites to transmit harmful files, or try to access non-public parts of the Sites if any. You are furthermore obligated to respect EMMA Capital copyright to the Sites and third-party rights to materials and texts posted by EMMA Capital on the Sites (including but not limited to trademarks, logos etc.), which constitute the property of third parties and are protected under relevant laws on the protection of intellectual property rights.

 

Requests to republish or redistribute Content should be addressed to EMMA Capital at [email protected].

Limitation of liability

The Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation or arrangement by EMMA Capital and is not intended to be relied upon by users in making (or refraining from making) any specific investment or any other decisions. You are fully liable for any risk arising out of your use of the Sites. Any arrangements, made between you and any third party based on the Content of the Sites, are at your sole risk and responsibility.

Because of the number of sources from which EMMA Capital obtains Content and the nature of electronic distribution via the Internet, EMMA Capital does not give any warranties in respect of the Sites, Content, software or services available through the Sites (collectively “Site Services”). In particular, Site Services are provided on an “as is”, “with all faults” and “as available” basis. To the extent allowed by applicable law, EMMA Capital hereby disclaims all warranties, conditions or duties of any nature whatsoever, including without limitation any warranties of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness and completeness of the Content and Site Services.

Links

The Sites contain links to other World Wide Web sites provided by independent third parties (“Third Party Sites”), either directly or through frames. When visiting Third Party Sites you should learn their terms of use. EMMA Capital is not responsible for the rules or processes of other entities or for the availability or content of linked Third Party Sites, and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites.

The Site may contain links to other World Wide Web sites provided by entities controlled by, in control of, under common control with, or otherwise affiliated with, EMMA Capital (collectively “Affiliated Companies” and “Affiliated Companies' Sites”). When visiting any Affiliated Company's Site, you should learn its terms of use. For the avoidance of doubt, EMMA Capital is not responsible for the availability or content of Affiliated Companies' Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Affiliated Companies' Sites.

Personal information and dissemination of business-related communication

You are not required to provide your personal information or electronic address to EMMA Capital in connection with your access to the Sites.

If you provide EMMA Capital with your electronic address you agree (i) for EMMA Capital or Affiliated Companies to use such address for communication with you and (ii) for EMMA Capital or Affiliated Companies to disseminate business-related communication in the form of marketing materials, invitations to seminars, business news etc. (containing information on EMMA Capital or on Affiliated Companies) to you as part of electronic communication. EMMA Capital is not responsible for maintaining and processing of your electronic address by Affiliated Companies.

Your consent is voluntary and you may withdraw your consent at any time by e-mail to [email protected].

Contribution

Parts of the Sites may contain information from third parties (“Contributors”). Contributors are responsible for ensuring that the material submitted for inclusion on the Sites complies with law. EMMA Capital will not be responsible for any error or inaccuracy in the material provided by the Contributors.

Cookies

Cookies are information files transmitted from a website to the hard disk of a user's computer. Websites use cookies to remember certain information, making the use of the websites much more comfortable for the user.

As a majority of websites, the Sites also utilise cookies for various reasons. For example, EMMA Capital monitors the overall number of visitors to the Sites as an anonymous aggregate number.

If you do not wish to receive cookies or if you wish your web browser to inform you any time a cookie is received, please use the settings of your web browser. If you prohibit all cookies, you may not be able to fully utilise all features of the Sites.

Third party web beacon

We use third party web beacons by Google to analyse which pages our visitors visit and what they do on our Sites. Google may also utilise anonymous information on your visits to the Sites and other websites to improve its products and services and to provide advertising for goods and services you might be interested in. You can find more information on this process at http://www.google.com/analytics.

Availability representation

EMMA Capital represents that the objective of the Sites is to ensure maximum availability of all of its content and features to all Internet users.

EMMA Capital reserves the right to restrict the access to certain information on the Sites (“protected information”) and make it possible only to users meeting certain criteria, which EMMA Capital may specify on the Sites or which arise from relevant legal regulations, as the case may be. Users who do not meet such criteria must not access such protected information.

Choice of law and jurisdiction

The use of the Sites and the present Terms are governed by the law of the Czech Republic. Any disputes arising in relation to the use of the Sites or in relation to the present Terms shall be resolved by the locally relevant court in the Czech Republic in accordance with the law of the Czech Republic. Should a dispute arisen in relation to the use of the Sites or in relation to the present Terms be filed with a court other than a court of the Czech Republic, such dispute will be referred to a court in the Czech Republic and resolved by it.

General

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Failure by any party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in the present Terms are for convenience only and will have no legal meaning or effect.