Business terms and conditions


of the company  Web Online Servis s.r.o.

with its registered office at U Trojice 562, Pardubice 6, CZ-530 06, Czech republic

Company ID: 07729758

Registered in the Commercial Register maintained by the Městský soud v Hradci Králové, section C,
insert 42960

  1. INTRODUCTORY PROVISIONS
    1. These Business Terms and Conditions define and specify rights and obligations of the Provider and its Users relating to the use of the Services as per the Service Agreement concluded through the Provider’s web pages.
    2. These Terms forms and integral part of the Service Agreement and any other agreement that refers hereto.
    3. Unless noted otherwise in these Terms or during the use of Services (for example in the case of purchases from other Users in the User Marketplace or in the case of use of third party sites), the Users make any and all juridical acts only with respect to the Provider and any and all contractual relationship are concluded by and between Users and the Provider.
    4. In this Terms the following words and expressions shall have the following meanings assigned to them:
      1. Content means any software, merchandise or other content or the right to use a software, merchandise or other content obtained by the User using the Services.
      2. Provider means the company Web Online Servis s.r.o., with its registered office at U Trojice 562, CZ-530 06,  Pardubice 6, Czech republic, company registration number 07729758, registered in the Commercial Register maintained by Městský soud v Hradci Králové, section C, insert 42960;
      3. Service means services and provision of the software, merchandise and any other content provided by the Provider (or a third person) according the Service Agreement through the Provider’s web pages on webonlineservis.eu;
      4. Service Agreement means an agreement based on which the Provider provides Services to the Users;
      5. Terms mean These Business Terms and Conditions;
      6. User means the natural person that uses Services – the User must be at least 13 years old;
      7. User Account means an account accessible through the Provider’s web pages on webonlineservis.eu that allows the User to manage their data, order the Service and make other acts allowed by the technical means of the account.
      8. User Fee means a fee that the User undertakes to pay to the Provider for the provided Services and Content.
      9. User Marketplace means virtual marketplace where the Users may trade, sell and buy Content or other content. User Marketplace is accessible through the User Account. 
  2. THE USER ACCOUNT AND THE CONCLUSION OF THE SERVICE AGREEMENT
    1. The User shall gain access to the Services through his User Account that is created by the Provider based on a concluded Service Agreement. Through his User Account, the User may, in particular, manage his data, upload, manage and delete relevant personal information, and make juridical acts with respect to the Provider or third person if provided so (for example in the case of purchases from other Users in the User Marketplace).
    2. The Service Agreement is concluded at the moment when the User completes his registration on the Provider‘s web pages and accepts these Terms.
    3. The User Account is strictly personal and only the User is entitled to use it. Access to the User Account is secured with a Username and a Password. The User shall not disclose information necessary to access their User Account and he is not entitled to allow third parties to use his User Account. In the event that the User’s password becomes known to third parties, the User shall change it immediately. The User acknowledges that the Provider shall bear no liability for a breach of this obligation by the User. In particular, the Provider is not responsible for the use of the User Account by a third party who fraudulently uses login and/or password without the User‘s permission, unless it is a result of Provider’s negligence or fault.
    4. The User may not use IP proxying or other methods to disguise his place of residence.
    5. The User, as the User Account holder, is solely responsible for all juridical acts made through the User Account and for the result of such acts.
    6. The User has the right to cancel his User Account. In such case, the Provider reserves the right to collect any and all User Fees or other charges incurred in connection with the use of Services by the User before cancellation.
    7. The Provider has the right to block access to the User Account in the event that he has a suspicion that the User Account has been logged into without proper authorisation or is used by a person other than the User. The Provider is further entitled to block access to the User Account if the User breaches any of his obligations arising from these Terms or from any particular terms and conditions of respective Service and/or Content.  
  3. SUBJECT OF THE SERVICE AGREEMENT
    1. By virtue of the Service Agreement, the Provider undertakes to provide the User with the Services under the terms and conditions set out in these Terms, and the User undertakes to pay a User Fee for the use of the Services to the Provider.
  4. CODE OF CONDUCT
    1. The User shall at all times communicate with other Users, Provider or third parties in accordance with common etiquette and good manners and adhere to a code of conduct which is as follows:
      1. The User shall not engage in any unlawful activity.
      2. The User shall not collect any personal data of other Users.
      3. The User shall not post, publish, distribute or use by other means any data, pictures, photographs, software or other content subject to trademark, copyright, or other proprietary rights, except with the express consent of the owner of such rights.
      4. The User shall not post, distribute or upload any software that contain trojan horses, virus or other malware.
      5. The User shall not use the Service to spam other Users, including, but not limited to, sending identical and/or irrelevant submissions to different discussion groups or threads. 
      6. The User shall not create or use a false identity in order to deceive other Users, Provider or third parties.
      7. The User shall not post or publish any defamatory, threatening or obscene information about other Users, Provider or third parties.
      8. The User shall not perform any activity that may prevent other Users from use of the Service and/or Content.
      9. The User shall not use or create any processes, software, functionalities or other tools that may give the User an unfair advantage over other Users (Cheats) or any automation software or hacking tools. The User acknowledges and agrees that the Provider may actively search for such tools and that use of such tools may lead to User Account being fully or partially blocked.
    2. Some Service and/or Content may be subject to the additional code of conduct imposed by the third party. In such case this additional code of conduct will be listed in a separate form (or link) when ordering the particular Service.  
  5. SERVICES AND CONTENT
    1. Based on the provided Services, the Content will be automatically downloaded and possibly installed to the User computer.
    2. By obtaining the Content, the User has the right to use it according to the terms and conditions set out in these Terms.
    3. Some Content may be subject to the additional terms and conditions, in particular, to the specific End User License
    4.  Agreement or to the specific Terms of Use. In such case, these particular terms and conditions will be listed in a separate form (or link) when ordering the respective Service and become binding to the User by ordering the Service. The User shall confirm that he agrees these particular terms and conditions by using respective check-box.
    5. For the proper use of the Services and Content, the User must have an active User Account and be connected to the Internet.
    6. To activate certain Content and/or Services, it may be required to purchase a retail packaged product or OEM (Original Equipment Manufacturer) product and insert the “product key” or “CD-key” accompanying such these products. 
    7. Upon his sole discretion, the Provider may from time to time carry out patches, updates, upgrades, new versions or other modification of the Content and/or Services, in particular, in order to achieve better security and quality of the provided Services. The User expressly acknowledges that the modification as per the previous sentence may result in changes of the system requirements for proper use of the Service and/or Content. For avoidance of any doubts, the User expressly acknowledges that this Article does not constitute the User’s right to patches, updates, upgrades, new versions or other modification of the obtained Content.
    8. Some Services and/or Content may grant to the Users access to the server software that may be used to host online multiplayer games provided by the Provider on an unlimited number of hardware. In such case, the Users shall be solely responsible for procuring a proper Internet connection, bandwidth and/or hardware for the hosting and shall bear any and all costs associated with this activity.
    9. The User acknowledges that the Provider may provide links to third party sites in connection with providing the Services and/or Content. Such third parties may charge separate fees for the use of their sites or for any other content or services they are providing and such fees are not included in the User Fees as pet these Terms. The User further expressly acknowledges that he makes any and all juridical acts with respect to such third parties on his sole responsibility and that the Provider is not responsible for any service or product offered by such third parties.
  6. PAYMENTS AND REFUNDS
    1. The User undertakes to pay to the Provider User Fee for the provided Services in the amount indicated for the particular Service or Content to be provided.
    2. The User Fee shall be payable in advance, unless stated otherwise herein or in the particular terms and conditions of respective Service and/or Content.
    3. In the event that the provided Service and/or Content will subject to any fees, taxes or other similar payments (including but not limited to Value Added Tax (VAT)) payable by the Provider according to the generally binding legal regulations, the amount of such fees, taxes or payments shall be added to the User Fee.  
    4. The User Fee may be paid by any payment method specified on the Provider’s web pages (e.g. credit and debit cards, PayPal service). In addition, the User may pay the User Fee in the form of subscription using the Virtual Wallet as per Article 7 hereof. The User acknowledges that the payment methods may involve third-party payment service providers whose services may be charged by additional fees or payments to the Users, and that the Provider is not responsible for any such fees or payments. The User further acknowledges that the payment methods may be subject to additional terms and conditions imposed by the applicable third-party payment service provider.
    5. By providing the payment information to the Provider or third-party payment service provider, the User represents that he is the rightful owner of the payment instrument (e.g. credit card or PayPal account) and agrees with the payment. The User acknowledges that the Provider and/or third-party payment service provider is entitled to require additional information about the User (such as his address) in order to comply with legal regulation.
    6. In the event that the provided Service is charged by recurring User Fee, the User agrees with continuous charging of such User Fee for the entire duration of the Service and authorizes the Provider or the third-party payment service provider to charge the User’s credit cards and/or process such recurring payment. The User undertakes to notify the Provider of any facts which may make recurring payments impossible.
    7. The User in entitled to request the Provider to refund the User Fees for any reasons (including but not limited to the cases that the User’s hardware does not meet the minimum requirements), provided that all the conditions for such request are met. The specific terms and conditions for refunds are set out in the Provider’s Refund policy that is available here.
  7. LICENCE
    1. The Provider hereby grants to the User a licence to use the Content for his personal use. The User acquires the licence to the Content upon payment of the remuneration for the particular Service based on which, the Content is provided. The Content (including titles and intellectual property rights) is in the ownership of the Provider or a third party that distributes its Content using Provider as its agent. All rights are reserved, except as expressly stated herein. The User expressly acknowledges that the Content is protected by copyright law and international copyright treaties and conventions. For avoidance of any doubts, the User expressly acknowledges that the provided Content is only licensed and that the User does not acquire any ownership rights to the Content.
    2. The Users may use the Content only for the purposes and in the manner following from these Terms or from the Service Agreement and in accordance with the Content’s intended purpose. Unless provided otherwise herein or in a particular terms and conditions, the Users are, in particular, prohibited to copy, reproduce, publish distribute, translate, modify or add components, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, host or provide matchmaking services for, emulate or redirect the communication protocols used by the Provider in any network feature of, or remove any proprietary notices or labels from the Content and/or Services or their part. The Users are further prohibited to use the Content and/or Services and their output or a part thereof as a part of their own services or products on a commercial basis. 
    3. The licence is granted only for the non-commercial use, with the exception of Content (Services) for which the commercial use is expressly allowed herein or in the particular terms and conditions as per Article 4.2 hereof. The licence to the Content is granted to the User as non-exclusive.
    4. The licence to the Content is granted without any territorial limitations.
    5. The User is not obliged to make use of the licence to the Content.
    6. The licence to the Content ends upon termination of the Service Agreement or upon termination the particular Service based on which the Content was provided, whichever occurs earlier.
    7.  If any patches, updates, upgrades, new versions or other modifications of the Content are carried out by the Provider as per the Article 4.4 hereof, the Content already obtained by the User and modified in this manner will also by covered by the licence according to this Article 6.
    8. The User may assign the rights and obligations arising from the licence to the Content only to the other Users through the User Marketplace.
    9. The Service and/or Content may include developer tools or kits that could be used by the Users to create their own content. Such tools or kits may be may be subject to the separate licence terms and conditions that may differ from the licence provisions herein. Unless provided otherwise in such separate licence terms and conditions, the Users are entitled to use, reproduce, publish, perform, display and/or distribute any content they have created freely and upon their sole discretion, but solely on a non-commercial basis.
    10. The provider further grants to the Users a licence to use the content contained in the Provider’s games and other audio-visual works in the fan art or fan fiction or in other forms of audio-visual works. Unless provided otherwise herein or in the separate licence terms and conditions, the Users are entitled to use, reproduce, publish, perform, display and/or distribute any fan art or fan fiction content they have created freely and upon their sole discretion, but solely on a non-commercial basis. For avoidance of any doubts, the User expressly acknowledges that this Article does not apply to any content created by third parties and that in such cases, the User has to obtain all necessary rights from the owner of such content.
  8. USER MARKETPLACE
    1. If the technical means of the Provider’s web pages allow so, the Users may trade, sell or purchase some Content or assign rights to some Services (hereinafter only as “Trade”) to or from other Users through the User Marketplace.
    2. The Trade shall be performed on the basis of the respective contract concluded by and between the Users through their User Accounts. Each User involved in the Trade is fully responsible for any taxes and fees (if any) which may become due with respect to the Trade, including, but not limited to, sales or use taxes, and is fully responsible for the compliance with applicable tax laws.
    3. The purchase price for the Trade shall be paid using the Virtual Wallets of the involved Users as follows:
      1. The purchase price shall be deducted from the Virtual Wallet of the seller (assignee);
      2. The Virtual Wallet of the buyer (assignor) shall be credited with the purchase price.

For the avoidance of any doubts, the User acknowledges that the purchase price received in connection with the Trade cannot be withdrawn or transferred to a bank or third-party account. The received price may be only used in accordance with the Article 7 hereof.

  1. The Provider may charge a fee to the Users for their use of the User Marketplace. In such case, the amount of such fee will be indicated prior to the completion of the Trade.

This article shall not affect the licence granted as per Article 12.2 hereof.

    1. The User may at any time and upon his sole discretion remove the content he has created from the dedicated server. In such case, the Provider’s right to use, distribute, transmit, communicate, publicly display or publicly perform such content shall ceases of its existence. However, the Provider shall retain the right to any content that was accepted for distribution in-game or distributed in a manner that allows it to be used in-game. Further, the removal of the content from the dedicated server shall not affect the rights of other Users that already have purchased or obtained access to a copy of such content prior to its removal.
    2. Unless stated otherwise herein or in the additional terms and conditions applicable to the user generated content, the User shall not be entitled to any right associated with the creation and upload of the content to the dedicated server. In particular, the User shall not be entitled to any remuneration.
  1. DISCLAIMERS, WARANTIES AND LIMITATION OF LIABILITY
    1. The Provider and its affiliates do not assume any responsibility or liability in respect of Services, Content or other products of the Provider or third parties that are distributed through the Services. The Provider and its affiliates further disclaim (to the maxim possible extent) any and all possible statutory duties related to Services, Content or other products of the Provider or third parties that are distributed through the Services.
    2. Any Service, Content and other products of the Provider or third parties that are distributed through the Services provided “as is” without any warranty of any kind.  The Provider and its affiliates do not assume any responsibility or liability in respect of adverse effects, if any, due to any modification or adaptation of the Content, Service or other products of the Provider or third parties that are distributed through the Services made by User in any portion.
    3. The Provider and its affiliates specifically disclaim the warranties of fitness for a particular purpose, merchantability and non-infringement in connection with the Content, Service or other products of the Provider or third parties that are distributed through the Services. The provider and its affiliates further disclaim the warranties of title, non-interference with the User’s enjoyment.
    4. The Provider and its affiliates do not assume (to the maxim possible extent by applicable law) any responsibility or liability in respect of any possible loss or damage of any kind resulting from the use of the Content, Service or other products of the Provider or third parties that are distributed through the Services or from the inability to use this content or services for any reason, including the inability to use the User Account.
    5. The Provider and its affiliates shall not incur any liability for indirect, incidental, special, punitive or consequential damages for claims arising from or related to the Content, Service or other products of the Provider or third parties that are distributed through the Services, including without limitation those resulting from the furnishing to or performance of or use or inability to use the Content, Service or other products of the Provider or third parties that are distributed through the Services or any component thereof by the User, including but not limited to reliance, cover or loss of anticipated profits or convenience, even in the event of the Provider’s or its affiliate’s fault or negligence, and even if the User has been advised of the possibility of such damages. 
    6. Notwithstanding the abovementioned provisions of this Article 13, the Provider’s entire liability (if any) arising from or under the Service Agreement or in connection with the Content, Service or other products of the Provider or third parties that are distributed through the Services, shall be limited to the User Fees paid by the User as set forth herein during the twelve (12) month period preceding the date on which the User’s claim arose.
    7. In the event that the applicable statutory provisions of particular countries (jurisdictions) do not allow exclusion and/or limitation of liability for damages to the extent of this Article 13, the liability of the Provider or its affiliates shall be limited to the maximum allowed extent permitted by such statutory provisions.
    8. This Article 13 shall not apply to the Users residing in the European Union.
    9. With regard to the Users residing on New Zealand, this Article 13 shall not exclude or modify any statutory provisions that cannot be excluded or modified in such way, in particular, the provisions of the New Zealand Consumer Guarantees Act.
  1. AMENDMENTS TO THIS AGREEMENT
    1. The Service Agreement may be changed by mutual amendment concluded by and between the Provider and the User.
    2. Furthermore, the Provider has the right to unilaterally amend these Terms (including any related terms and conditions) at any time and upon his sole discretion. In such case, the Provider shall notify the User about such amendment to these Terms by an e-mail within the period of at least 60 (sixty) days prior the amendment is to became effective. In the event that the User does not agree with the amendment to these Terms, he has the right to unilaterally cancel his User Account and terminate the Service Agreement within the period until the amendment became effective. If the User does not use his right to cancel his User Account and terminate the Service Agreement, he is presumed to have accepted the amendment. The termination of the Service Agreement by the User as per this Article shall not constitute any obligation of the Provider to refund any User Fees already paid by the User or stored in his Virtual Wallet.
    3.  This Article 14 shall have no effect to the Users residing in Germany, to which a different version of this Article available here shall apply.
  2. TERM AND TERMINATION
    1. The Service Agreement becomes effective as of the day of the conclusion hereof. The Service Agreement is concluded for an indefinite period of time.
    2. The User may unilaterally cancel the User Account, terminate the Service Agreement at any time. The termination of the Service Agreement or cancellation of the User Account by the User shall not constitute any obligation of the Provider to refund to the User any User Fees already paid by the User or stored in his Virtual Wallet.
    3. Further, the User may at any time request the Provider to spot providing a particular Service. For the avoidance of any doubts, the User expressly acknowledges that this does not constitute any obligation of the Provider to refund to the User any User Fees already paid by the User in connection with such Service, nor constitute any right of the third person to use such Service, as the right to use the Services are generally non-transferable (with the exception of User Marketplace). Any Services or Content that were purchased as a part of a pack or bundle may not be terminated individually, but the provision of the services of the pack or bundle must be terminated.
    4. The Provider may upon his sole discretion unilaterally cancel the User Account, terminate his Service Agreement and/or stop providing certain Services at any time in the following events:
      1. The provider ceases to provide Services or part thereof;
      2.  The User breaches any terms or his obligations arising from these Terms or from any supplementary or additional terms and conditions related to the particular Services and/or Content. In such event, the Provider has not obligation to refund to the User any User Fees already paid by the User or stored in his Virtual Wallet.
    5. In the case of termination of the Service Agreement or cancellation of the User Account, the User is solely responsible for the settlement of any charges incurred to third-party content providers before the cancellation and termination took effect.
    6. The following provisions shall survive any expiration or termination of the Service Agreement: Article 2.5, Article 5.8, Article 7.4, Article 9.9, Article 9.10, Articles 10 – 18 hereof.
  3. APPLICABLE LAW/JURISDICTION
    1. For the Users residing in the European Union, the following rules shall apply:

The Provider and the User undertake to resolve any and all disputes related to the Service Agreement in an amicable manner before taking any legal actions (see Article 17). With this context, the User may fill any complaints at _________.  If such amicable solution is not possible, the User may, within one year of the failed complaint submission, file an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, or on the European Consumer Center’s website: http://www.europe-consommateurs.eu/index.php?id=2514.

In the event that out-of-court dispute resolutions fail, both Provider and the User are entitled to bring the dispute before the competent court.

  1. For the Users residing outside the European Union, the following rules shall apply:

The User agrees that the Service Agreement shall be deemed to have been made and executed in the State of Washington, U.S.A., and any dispute arising hereunder shall be resolved in accordance with the law of Washington excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods. Subject to Section 11 (Dispute Resolution/Binding Arbitration/Class Action Waiver) below, you agree that any claim asserted in any legal proceeding by you against Valve shall be commenced and maintained exclusively in any state or federal court located in King County, Washington, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under the Service Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.

  1. DISPUTE RESOLUTION AND CLASS ACTION WAIVER
    1. Should the User have any complaints or reclamations, he may fill them at the appropriate site at www.webonlineservis.eu. In the event that the Provider will be unable to resolve the User’s complaint or reclamation to his full satisfaction, the possible dispute shall be resolved according these Terms. 
    2. The Provider and the User undertakes to resolve any and all disputes related to the Service Agreement, Services, Content or other Products of the Provider or third parties that are available through the Services in an amicable manner prior before taking any legal actions. If such amicable solution is not possible, then any and all remaining disputes shall be finally resolved by the court of the Czech Republic. However, this provision shall have no effect to the following disputes that may be brought to any competent court by any party:
  2. MISCELLANEOUS AND FINAL PROVISIONS
    1. The User undertakes to comply with any and all applicable statutory provisions and is solely responsible for any breaches thereof. The User further represents that he is not residing in a country that support terrorists and undertakes to not to export the Content to any terrorist supporting countries.
    2. The User expressly acknowledges that the Provider’s obligations may be subject to existing laws and legal process and that the Provider may take any action in order to comply with law enforcement or regulatory requests or requirements notwithstanding any contractual provision herein.
    3. If a ground for invalidity applies only to a certain provision hereof, only the provision concerned shall be invalid unless the nature or the contents thereof or the circumstances under which it was concluded imply that the provision is not severable from the remaining contents hereof.
    4. These Terms (including any and all additional terms and conditions related to the Services, content and or other products of the Provider or third parties that are available through the Services) constitute the entire agreement of the parties with respect to the subject hereof and replaces any and all previous agreements of the parties on the subject hereof.
    5. These Terms are effective as of 1. 2. 2019.