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TRIUMPH BOARD Terms and Services

Preamble

TRIUMPH BOARD a.s. operates a service under various top-level domains (triumphboard.com), triumphboard.com and various sub-domains of those domains that shall hereinafter be referred to as “TRIUMPH CLOUD”.

“User” shall refer to any natural person or legal entity that registers with TRIUMPH CLOUD as a consumer or entrepreneur. These Terms and Services shall govern the contractual relationship between the User and TRIUMPH BOARD a.s. The User shall conclude the contract for the use of TRIUMPH CLOUD with TRIUMPH BOARD a.s., Neklanova 122/15, 128 00 Prague 2, Czech Republic, EU. Our Internet service is intended exclusively for persons of legal age and legal capacity.

§1 Subject Matter of the Contract

1.1 TRIUMPH CLOUD enables registered users to create, modify and manage electronic whiteboard images.

1.2 We reserve the right to modify and possibly limit the scope of services rendered by TRIUMPH CLOUD, unless this is unreasonable for the User.

§2 Registration and User Account

2.1 It is necessary to register on our website or on the website of one of our partners in order to use TRIUMPH CLOUD.

2.2 The User agrees to provide truthful and complete information when registering. Should this information change, the User must update it independently and without delay.

2.3 Your password for using TRIUMPH CLOUD should be handled confidentially and must not be passed on to third parties.

2.4 A user account must be used exclusively by the User who registered said user account.

2.5 By registering, the User confirms that he is of legal age and legal capacity.

§3 Fair Use

The user has the right to upload objects (Images, Audio-Files or Video-Files) to the personal TRIUMPH CLOUD library. When the amount of data exceeds 1 GB TRIUMPH BOARD a.s. may ask the user to delete objects.

§4 Right of Withdrawal for Consumers

4.1 Right of Withdrawal

A person shall be regarded as a consumer when entering into a legal transaction for purposes that are attributable neither to his commercial nor his self-employed professional activity. A consumer is entitled to withdraw the present contractual declaration within two weeks, without giving reasons by giving notice of withdrawal in writing (letter or e-mail). The notice period shall begin upon receipt of this notification in writing, but not prior to conclusion of the contract, nor prior to fulfillment of the TRIUMPH BOARD a.s. information obligations. The timely sending of the withdrawal notification shall constitute compliance with the withdrawal period. The withdrawal notification must be sent to: TRIUMPH BOARD a.s., Neklanova 122/15, 128 00 Prague 2, Czech Republic, EU or support@triumphboard.com.

4.2 Consequences of Withdrawal

In the event of an effective withdrawal, the services received by both parties, and any benefits gained from the use of such services (e.g. interest), must be returned. If the consumer cannot return to TRIUMPH BOARD a.s. the service received in part or in whole or only in diminished condition, due to the fact that the nature of the service received excludes the possibility of returning it, the consumer must provide compensation. All reimbursement obligations must be fulfilled within 30 days of the withdrawal notice. This period shall begin for the consumer upon sending the withdrawal declaration, and for TRIUMPH BOARD a.s. upon receipt of said declaration.

4.3 Premature Expiry of the Right of Withdrawal:

The consumer’s right of withdrawal shall expire prematurely if the contract has been completely fulfilled by both parties, at his express wish before he has exercised his right of withdrawal.

§5 Content

Content refers to all the data and information the User has posted and made available at TRIUMPH CLOUD. Content refers in particular to whiteboard images, photographs, graphics, videos, drawings, texts (including comments, messages, etc.), musical pieces, and personal data.

5.1 TRIUMPH BOARD a.s. shall assume no responsibility for content made available by the User.

5.2 Posting of Content

(a) When posting content, the User must observe applicable legislation (e.g. copyright, trademark, patent, design patent or utility patent law), the provisions of the Criminal Code and any third-party rights.

(b) The User shall not post any content that constitutes propaganda within the meaning of the Criminal Code. Furthermore, he shall neither incite hatred against nor slander parts of the population or groups of people for racial, religious or other motives.

(c) The User shall post neither pornographic content nor any content contrary to the law for the protection of children and young people.

(d) The User shall not post any content that violates human dignity, glorifies war, or that otherwise contains representations or descriptions glorifying violence.

(e) The User shall not post any instructions or descriptions that could be used to carry out one of the unlawful acts specified under § 126 paragraph 1 of the Criminal Code.

(f) If the User uploads an Image, an Audio – or Video File to the Public Library of TRIUMPH CLOUD he declares that these Files are free of any copyright, trademark claims.

The person who associated a work with this deed has dedicated the work to the public domain (CC= 1.0 Universal) by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.

Anybody can copy, modify, distribute and perform the work, even for commercial purposes, all without asking permission.

5.3 TRIUMPH BOARD a.s. reserves the right to resort to external hosting providers in order to store user content.

5.4 TRIUMPH BOARD a.s. reserves the right to reject or delete content for technical and other reasons.

§6 Costs and Term

6.1 The cost for the use of TRIUMPH CLOUD is stated during the registration process.

6.2 The usage fees shall be payable upon receipt of invoice in advance for the period selected.

6.3 For any use of TRIUMPH CLOUD subject to a charge, the contract shall initially run for period specified by the User. Thereafter, the term shall be extended by renewal periods of the same duration, provided that neither the User TRIUMPH BOARD a.s. terminates the contract in due time.

6.4 For any use of TRIUMPH CLOUD subject to a charge, the User and TRIUMPH BOARD a.s. are entitled to terminate the contract upon expiry of the billing period specified by the User, or, where applicable, upon expiry of a renewal period that has come into force, with a period of notice of 30 days and without stating any reasons. The notice of termination may be given by e-mail or letter. In the notice, the User should state the e-mail address he registered with TRIUMPH CLOUD and his customer number.

6.5 The right of both parties to extraordinary termination shall remain unaffected by the provisions in paragraph 5.4. Extraordinary termination by TRIUMPH BOARD a.s. is possible, among other reasons, in the case of violation of these Terms and Services, loss or suspected misuse of access data, or for any other important reason. TRIUMPH BOARD a.s. may terminate the contract by deleting the relevant user account and its associated content.

 §7 Right of Contact the user

TRIUMPH BOARD a.s. has the right to contact the user to provide him with technical information (e.g. password change, updates of the software), legal information (e.g. changes of the terms and services) and marketing information (e.g. newsletters).

§8 Indemnification

8.1 The User undertakes to indemnify TRIUMPH BOARD a.s. against all claims – including claims for damages – asserted by other users or other third parties against TRIUMPH BOARD a.s. due to a violation of their rights as a result of content the User has posted on TRIUMPH CLOUD. The User shall meet all reasonable costs, including for legal defense, incurred by TRIUMPH BOARD a.s.as a result of said violation.

8.2 All further rights, including compensation claims by TRIUMPH BOARD a.s., remain unaffected.

§ 9 Warranty Disclaimer

TRIUMPH BOARD a.s. cannot provide any assurance, guarantee or warranty as to the quality, topicality, availability, suitability, accuracy or completeness of TRIUMPH CLOUD. In particular, TRIUMPH BOARD a.s. cannot guarantee that the use of TRIUMPH CLOUD is safe, timely, uninterrupted or error-free, or that it can be used in conjunction with any other hardware, software, other systems or other data. TRIUMPH BOARD a.s. cannot guarantee that the stored data is accurate or current, that errors or defects will be corrected, or that the servers used to provide our services are free from viruses or other harmful components.

§10 Concluding Provisions

10.1 TRIUMPH BOARD a.s. reserves the right to change these Terms and Services at any time and without specifying reasons.

10.2 Should any part of these Terms and Services be deemed invalid or unenforceable, the remaining sections shall remain unaffected and fully binding.

10.3 These Terms and Services are subject to the laws of the Czech Republic, excluding the UN Convention on Contracts for the International Sales of Goods.

 

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