Dear User, the following are the Terms of Use of the Web Service "Vrkings" (Vrkings.tv - Web Service). User (Customer) can get acquainted with all the necessary information about the Services offered by the Administrator and order such services.
After the completion of the registration and/or authorization procedure and beginning to use the Web Service, you acknowledge that you have read the Terms of Use (“Terms”) and understand their contents. Therefore, we recommend that you fully familiarize yourself with the Terms by reading them to the end.
By clicking the "I Accept " button below, you agree to be bound by these Terms of Use. By clicking the “I Do Not Accept” button below, you will not be permitted access to the Web Service. Please note that other portions of the Web Service may contain additional and/or different terms and conditions of use.
The use of the Web Service Terms of Service extends to individuals and legal entities. Users of the Web Service can be legal entities and individuals of any residence (according to the proposed functionality of the Web Service: the Web Service provides Users with a list of countries whose residents can register the account on the Web Service).
You must be at least eighteen (18) years of age to use the Website, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction. If you are under the appropriate age, you are not permitted to use the Website and you must immediately leave the Website. Use of the Website is not permitted where prohibited by law.
The terms of the Terms of Use apply to the Web Service, the mobile version of the Web Service and the Web Services mobile application.
We introduce you to the Terms of Use before you start working with the Web Service. If you continue to use the Web Service, this confirms your agreement to comply with the Web Services Terms of Use.
We may modify the Terms of Use of the Web Service with the mandatory notification to the Users about these changes. Changes will take effect immediately after the publication of the Terms of Use on the Web Service. In the event that the User continues to use the Web Service after the publication of the Terms of Use on the Web Service, this will mean his or her consent to the observance of the Web Service Terms of Use.
For a full understanding of the Terms, the terms that will be used further are used in this sense:
Web Service – “Vrkings” platform (Vrkings.tv), mobile version of the Web Service and the Web Services mobile application (“Web Service”). The Web Service is a platform with information shown, with the help of which the User (Customer) can get acquainted with all the necessary information about the Services offered by the Administrator and order such services.
Administrator – company OGG Dream s.r.o. (post office: Turnovská 478/4, Libeň, 180 00 Praha 8).
Processor of personal data – company OGG Dream s.r.o. (post office: Turnovská 478/4, Libeň, 180 00 Praha 8).
Controller of personal data – company OGG Dream s.r.o. (post office: Turnovská 478/4, Libeň, 180 00 Praha 8).
Content – Services that we provide through the Web Service and information, images, graphics, data, text, files, links, photographs, graphics, audio, video, messages, content, organization, and other content related to the Web Service.
User – the legally competent individual aged 18 years who has an account in the Web Service or performs actions that indicate its use of the Web Service.
Account – the user account containing the authentication (login and password) and other data provided by the User while using the Service.
Privacy Policy – the separate document that governs privacy rules, the registration, collection, storage and use of personal data in the use of the Web Service. Other terms not indicated above are determined in accordance with the legislation of the Czech Republic.
USING
Only legally capable persons over the age of 18 may use the Web service.
Authorization in the Web service takes place by selecting / clicking the appropriate action that allows the User to use the services of the Web service. The user understands that he/she is individually responsible for the correctness of the data used by him/her for authorization in the Web service.
The User must complete the registration process on the site or in the mobile application to access the interface of the Web service. Registration is required to create a Customer account.
One person can have only one account.
Before using the Web service, the User receives a Request for Confirmation of the Agreement on the Terms of Use of the Website. By giving the consent, the User agrees to the site's rules, privacy policy, and agrees to the processing of personal data.
The Web Service recommends that you do not report or transfer to other people the login and password from your account, nor store them on other computers, phones or tablets, otherwise the Web Service will not be liable for any damages caused to the User.
The Administrator notifies the User in the event of a complaint about his activity in the Web service and the User's violation of the Terms of Use of the Web service.
Settlements between the User and the Administrator are made independently by the User after receiving bank accounts, using payment systems that provide payment processing services. The Administrator is not responsible for the improper payment by the User.
Before using the Web Service, the User receives a Request for Confirmation of the Agreement on the Terms of Use of the Web Service. By giving the consent, the User agrees to the site's rules, privacy policy, and agrees to the processing of personal data.
The Administrator informs the User if there is a complaint about his activity in the Web Service and a violation by the User of the Rules of Use of the Web Service.
Despite the fact that the Administrator makes every effort to ensure the availability, completeness and proper operation of the Web Services for the widest possible range of users, the Administrator provides the Web Services to Users on the basis of “as is” and “as available”.
By using the Web Service, you warrant that your use of the Web Service will not violate any applicable international or state laws, including tax laws and regulations.
You warrant that your use of the Web Service complies with all applicable anti-money laundering/anti-terrorist financing laws and regulations, including without limitation all sanctions programs and any other programs, as applicable to the jurisdiction in which you reside or are located.
RIGHTS AND OBLIGATIONS OF THE USER
User may:
independently, at own discretion to choose the Services presented in the menu on the Web-service;
send a complaint to the Administrator in connection with a violation of his rights, provided by these Terms of Using and the effective legislation. The submission of such complaints is made by contacting the e-mail address indicated in the "Contacts" and / or "Support" section.
The User undertakes:
comply with these Rules and review their current version in a timely manner;
not to change the Web service, not to decompile its code and not to create derivative products based on the Web service or its parts without the consent of the Administrator;
use the functionality of the Web service in good faith.
The interface of the Web Service does not provide for mechanisms of forced cooperation of Users with the Administrator.
THE ROLE OF THE ADMINISTRATOR
The Administrator provides Users with the Web Service for its use and ensures their operation.
The Administrator is not responsible for the activities of Users associated with the creation and using the interface of Web Service by them and on third-party platforms.
The Administrator has the right to unilaterally make changes to the Rules on the site or on the web page that is reported to the User.
The Administrator uses the User’s personal data in accordance with the Privacy Policy.
In case of violation of these Rules by the User and/or the presence of complaints on his Account by other Users, the Administrator has the right, unilaterally, to block the User’s access to the Web Service in whole or in part.
We provide you with a list of reasons for suspending the User's activity on the Web Service:
According to the information available to the Administrator, the User is or was in the past associated with activities prohibited by international or national legal acts (for example, human trafficking, human organ trafficking, child exploitation, smuggling, illegal trade in weapons, ammunition or explosives substances, illegal trade in narcotic or psychotropic substances, prostitution, management of brothels, etc.);
The User uses the Web Service for illegal, fraudulent and/or dishonest activities;
The User is included in the list of persons suspected of local or international terrorism and/or terrorist financing;
The Administrator suspects that you are using the Web Service in a fraudulent or illegal way;
The User's use of the Web Service is subject to any pending legal proceedings, investigation and/or we see a risk of non-compliance with regulatory requirements associated with the use of the Web Service;
Other circumstances not mentioned above, including but not limited to: non-fulfilment or improper fulfillment of obligations, other actions may also be considered by the Administrator as substantial reasons if they indicate that your continued use of the Web Service will violate the interests of the Web Service, other users, or public legitimate interests.
Suspension, Termination and Cancellation of Services/Transactions.
We can:
refuse to complete or suspend, block, cancel a transaction that you have authorized (even after the funds have been debited from your account on the Web Service);
suspend, limit or terminate your access to any or all services of the Web Service, and/or
deactivate or cancel the account with immediate effect for reasons including but not limited to:
(A) we must do so to protect our reputation if that reputation could be harmed;
(B) we are required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;
(C) you violate these Terms;
(D) you violate our Privacy Policy;
(E) we have concerns that the transaction is fraudulent or regarding the security of your account or we suspect that the features of the Web Service are being used in a fraudulent or unauthorized manner;
(F) we suspect you of money laundering, terrorist financing, fraud or any other financial crime;
(G) you take any action that may bypass our controls, such as opening multiple accounts.
All Users of the Web Service, by registering in the Web Service, guarantee and declare that their funds are obtained from legitimate sources and do not originate from illegal activities.
REFUND POLICY
If the User makes a one-time payment for the services, the User can apply for a refund and termination of the contract within 14 calendar days from the day of making the one-time payment, in the event that the characteristics of the item, service or account do not provide for their immediate use at the time of purchase.
In the case of a dispute and a request for a refund, the Administrator resolves the specified dispute and refunds the funds, only if there are motivated reasons for the refund, which are described by the User in the Refund Application Form.
The client agrees that for a refund, he must contact Web Service by mail (ogg.production1@gmail.com) and receive information and instruction about the refund process (filling out and sending the refund application form).
After submitting the refund request and processing such a request by the Web Service, the User can send the refund request to the payment system, which is a third party in the relationship between the Parties and performs the transaction - transfer of funds.
User specifies the details of the bank account used for settlement of transactions, using third-party payment systems. To make a transaction and top up the User's balance, you will be asked to make a payment using a third-party payment service.
The Web Service accepts refund requests within 5 days of receipt of the Refund Application Form. A decision about the return request is usually made within 2-5 working days after it is submitted.
You can check the status of your refund request submitted through the Web Service by contacting technical support.
Upon completion of the refund process, you will receive a notification by e-mail or in your personal account on the Web Service.
We cannot fulfill a refund request if you have provided your account or payment information to a third party, violated the Terms of Use of the Site, or the provisions of these Terms of Use.
If the User wishes to make a purchase of services on the Web Service, the User will be required to provide name, email address, and payment information. You must provide accurate, complete, and updated contact information, identification details, and any other form of authentication that Web Service may request in its sole discretion.
All sales services on the Web Service can be final, and the User shall not be entitled to any exchanges or refunds.
If you have any further questions about billing, please contact the payment processing company though which you made your payment.
RESPONSIBILITY
The Web Service is not responsible for the quality of the public communications network channels that provide access to the service or the User.
If for any reason the User has changed the email address or other data specified during registration, the User is obligated to change them also in their Web Service account. Otherwise, there may be problems with the use of the account, for which the Web Service is not responsible.
The Web Service is not responsible for changing or stopping any User's work.
The administrator does not guarantee the uninterrupted, error-free work of the Web Service or the absence of other defects. The Administrator is not liable for any losses and lost profits caused by the violation of the Web Service and/or impossibility of its use (including because of the blocking of the User’s access to the Web Service in whole or in part).
Parties (Administrator, User) are released from liability for non-compliance with the Rules if their performance is obstructed by circumstances such as fire, accident, strike, war, other military conflict, other circumstances of force majeure or legislative provisions, orders, directives of state institutions, in within the framework of the influence of the said obstacles, restrictions or actions and upon the prior notification of this other Party.
The Administrator refuses to provide any explicit or implied warranties regarding the Web Service, including the guarantees of accuracy, reliability, relevance, timeliness, completeness, availability, ability to achieve any purpose, that when using the Application there will be no errors, interruptions, interruptions, damages, delay in the forwarding operation, communication problems, destruction, unauthorized access, changes in information placed on the Web Service or on any device (computer, pad, mobile phone, TVs, e-books and clocks with Internet access, etc.) by the user of the Web Service.
The Web Service disclaims responsibility for your decision to provide a specific transfer, etc.
Disclaimers
We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Web Service, the services or the content contained on the Web Service for any purpose. To the maximum extent permitted by applicable law, the Web Service and all such content, services, software and products are provided “as is,” “with all faults,” and “as available.” We disclaim all warranties, express and implied, arising out of, or in connection with, the Web Service, services and content, including, but not limited to, the warranties of non-infringement, merchantability, and fitness for a particular purpose and those arising by law, statute, usage of trade or course of dealing and any liability with regard to the Web Service, content and services and any actions resulting from your participation in any service.
Your use of the Web Service, services and content is at your sole risk. Although our content may be updated from time to time, it may be out of date and/or may contain inaccuracies or typographical errors. We are not responsible for your inability or failure (for any reason) to access the Web Service or content or otherwise use or receive information or services from or regarding the Web Service, content, or your purchases from us. We do not warrant that the Web Service, products or services will be compatible with any hardware or software systems or that the Web Service or any services will be uninterrupted or error free.
We are not responsible or liable for maintaining any consumer data or for the deletion, corruption, destruction, damage, loss or failure of any consumer data or for any third party access to any consumer data. We make no warranty or representation as to the level of success, if any, individuals may achieve by using any of our products or services. Individual results may vary and depend on many factors including an individual’s specific financial situation, efforts and actions. You should seek the advice of qualified professionals such as an accountant, attorney and/or professional advisor for specific advice for your business.
Further, we and our licensors make no representation or warranties that the content or the services or the materials and technology available on or through the Web Service are appropriate or available for use in all geographic locations. If you use the Web Service, the services or any materials or technology available on or through the Web Service outside the Czech Republic, you are solely responsible for compliance with all applicable laws, including without limitation, export and import regulations of other countries. Neither we nor any third party providers, partners or affiliates warrant that the site, its servers or any email sent from the Web Service or any third party providers, partners or affiliates are free of viruses or other harmful components.
Limitation of Liability
To the maximum extent permitted by law, we and our affiliated parties shall have no liability whatsoever for your use of any content or other information or service related to the Web Service and shall not be liable for any direct, indirect, special, incidental, or consequential damages (including, but not limited to, damages for loss of business, loss of profits, or litigation), (i) arising from any decision made or action taken by you in reliance upon the content or our products or services, (ii) arising out of or in any way connected with the use or performance of the Web Service or content, or with the delay or inability to use the Web Service, content, or related services, or from the use or misuse of any information, software, products, services, related graphics, and content obtained through the Web Service, (iii) any incorrect or missing information or data, or (iv) otherwise arising out or resulting from loss of your data or information, whether based on breach of contract, breach of warranty, tort (including, but not limited to, negligence), or otherwise, even if advised of the possibility of such damages.
We are not responsible for interrupted, inaccessible or unavailable networks, servers, satellites, internet service providers, Web Services, or other connections, or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions, or for any technical malfunctions, failures or difficulties.
The above limitations and exclusions shall apply to you to the fullest extent that applicable law permits, in all actions of any kind, whether based on contract, tort (including, without limitation, negligence) or any other legal or equitable theory. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder of these terms of use.
Confidential and Proprietary Information
During the course of your use of the Web Service, you may have access to information which is confidential and proprietary to us or our suppliers, licensors, or other similar entities. The term “Proprietary Information” means any information or material which is proprietary and confidential to us or our suppliers, licensors or other similar entities, and includes any of the following information and material licensed, owned or developed by any such party or its agents: services; pricing structure; discounts; computer programs and listings; and any other such proprietary information. You understand and acknowledge that the Proprietary Information is owned, obtained or licensed by us or our suppliers, licensors, or other similar entities, by the investment of significant time, effort and expense, and that the Proprietary Information is a valuable, special and unique asset of ours or our suppliers, licensors, or other similar entities, which provides us with a significant competitive advantage. Therefore, you must hold in confidence and not disclose the Proprietary Information to any person or entity without our prior written consent. You shall be liable for any and all breaches of Terms of Use and any unauthorized use or disclosure of Proprietary Information. If you become compelled by applicable law, regulation or legal process to disclose any of the Proprietary Information, you shall promptly provide us with notice in order for us to seek a protective order or other appropriate remedy. Further, if you become compelled to disclose any of the Proprietary Information, you must disclose only that portion of the Proprietary Information you are legally required to disclose as confirmed by a legal opinion of your counsel at your expense. Upon our request, you shall return all materials containing Proprietary Information.
Intellectual Property Rights
Unless otherwise indicated, our Web Service and Content are property of OGG Dream s.r.o, its affiliates, its licensors or other third parties and are protected under applicable copyright, trademark, patent, and other intellectual property rights and laws. Except as specifically allowed in these Terms of Use, the copying, redistribution, use, or publication by you of the Content is strictly prohibited. No ownership or other interest or license in or to any patent, copyright, trademark, trade secret and other intellectual property rights or to the Content are being granted, assigned or transferred in these Terms of Use or by reason of your access to, and use of, the Web Service, Content or Services.
All trademarks, service marks, trade names and copyrights displayed on the Web Service or in the Content are proprietary to us or their respective owners. You acquire no rights or licenses in or to any trademarks, service marks, trade names or copyrights displayed on the Web Service. Access to the Web Service and Content, and use of our Services, are being provided for your business use only. You may not reproduce, republish, distribute, assign, sublicense, retransmit, sell, or prepare derivative works of the Web Service or Content, or resell or make our Services available to others. All rights in and to the Web Service and our Content not expressly granted in these Terms of Use remain in us or in our licensors.
FINAL PROVISIONS
These Terms are mandatory for the use of the Web Service and/or with the availability of the Account in the Web Service. The User has the right at any time to refuse to comply with these Terms by terminating the use of the Web Service or deleting a Web Service Account.
Relief Available for Violation
In the event of an actual or threatened violation of these Terms of Use, these Terms of Use may be enforced by injunctive relief or specific performance without proof of actual damages but upon proof of all other requirements for the grant of such relief, in addition to any and all other available remedies.
Miscellaneous
The provisions of these Terms of Use are severable, and in the event any provision of these Terms of Use is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Our waiver of a breach of any provision of these Terms of Use by you shall not operate or be construed as a waiver by us of any subsequent breach by you.
This Section, and the provisions of these Terms of Use addressing disclaimers of representations and warranties, indemnity obligations, intellectual property and governing law, shall survive the termination of these Terms of Use.
The Parties (Administrator, User) have agreed that resolving any disputes arising from the use of the Web Service shall be conducted through negotiations and in accordance with these Terms. If the Parties fail to reach an agreement by negotiation, the dispute must be submitted to the court in the Czech Republic. These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the Czech Republic, without regard to conflicts of law principles. Any cause of action by you with respect to the Web Service must be instituted within two years after the cause of action arose or be forever waived and barred. Any legal action concerning these Terms of Use shall be brought in the courts located in the Czech Republic.
The resolution of any disputes between the Users shall be in accordance with the procedure provided for by the legislation of the Czech Republic.
These Terms of Use do not limit any rights or remedies that we or our suppliers, licensors, or other similar entities, may have under trade secret, copyright, patent, trademark or other laws.
These Terms of Use, and our Privacy Policy, and any end user click-through agreements contained on the Web Service, constitute the entire agreement between us with respect to your use of the Web Service, and supersede all previous written or oral agreements. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in arbitration or any judicial or administrative proceedings based upon, or relating to, these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.
For any questions relating to these Terms, the Privacy Policy and/or the use of the Web Service, the User may contact the Administrator at the contact email address: ogg.production1@gmail.com.
Last version: January 23, 2025
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