Terms of use of the web portal "KEENGAMER.com"

of the company

KeenGamer s.r.o.

With registered office at V Zátiší 810/1, Mariánské Hory, 709 00 Ostrava, Company registration number: 017 90 609

Registered in the Commercial Register maintained by the Regional Court in Ostrava, section C, entry no. 56671

1. Introductory provisions

  • These Terms of Business (‘Terms of Business’) govern the mutual rights and obligations between the company KeenGamer s.r.o., with registered office at V Zátiší 810/1, Mariánské Hory, 709 00 Ostrava, company registration number: 017 90 609, registered in the Commercial Register maintained by the Regional Court in Ostrava, section C, entry no. 22870 (‘Provider’) and third parties (‘User’) arising from a Contract for the Provision of Services (‘Contract for the Provision of Services’) concluded through the Provider’s website operating from the internet address www.keengamer.com (‘Website’).

  • Rights and obligations between the Provider and the User are further governed by the Rules of Discussions. The Terms of Business and the Rules of Discussions thus form an inseparable part of a Contract for the Provision of Services.

  • A Contract for the Provision of Services and the Terms of Business are executed in English and Czech language. A Contract for the Provision of Services can be concluded in English and Czech language.

  • The contractual parties agree that the Provider may unilaterally amend the Terms of Business to a reasonable extent. The User shall be notified of an amendment to the Terms of Business by email sent to their address listed in the super-user account (clause 3). The User may reject an amendment to the Terms of Business and thus withdraw from a Contract for the Provision of Services in writing within the notice period, which is one (1) month.

  • Once consent to the new version of the Terms of Business has been provided, the previous Terms of Business cease to be effective and the new version of the Terms of Business becomes an inseparable part of a Contract for the Provision of Services.

2. Conclusion of a Contract for the Provision of Services

  • A Contract for the Provision of Services may be concluded only on the basis of the User’s registration, i.e. either on the basis of a registration carried out by the User on the Website, or on the basis of the User’s existing registration with a third party. The User makes an offer to conclude a Contract for the Provision of Services by completing details in a registration form on the Website and sending these details to the Provider by clicking the button “Register” (‘Registration Request’). For the purposes of the Terms of Business, the details provided by the User in a Registration Request are deemed to be correct.

  • Upon the receipt of a Registration Request by the Provider, the Provider shall send to the User an email message (‘Acceptance’) containing information (a hypertext link) on the basis of which the User will be able to log into the User’s super-user account (‘Acceptance’). A Contract for the Provision of Services shall be concluded upon the receipt of the Acceptance by the User.

  • In the event that, for the purpose of logging in, the User is using a third party registration, the User shall send to the Provider an offer to conclude a Contract for the Provision of Services by clicking the relevant button; upon the receipt of this offer by the Provider, the Provider’s consent to this offer shall be displayed for the User. A Contract for the Provision of Services shall be concluded once the Provider’s consent has been displayed according to the previous sentence.

  • The User agrees that the Provider may start providing the services according to a Contract for the Provision of Services immediately after its conclusion, even if the statutory time limit for withdrawal from a Contract for the Provision of Services has not yet expired.

  • The User acknowledges that the Provider is not obliged to conclude a Contract for the Provision of Services (refuse to register the User), in particular with persons who have previously substantially breached a Contract for the Provision of Services (including the Terms of Business).

  • The User consents to the use of means of distant communication for the purposes of the conclusion of a Contract for the Provision of Services. Any expenses incurred by the User when using means of distant communication for the purposes of conclusion of a Contract for the Provision of Services (e.g. costs of internet connection) shall be borne by the User; these expenses shall not differ from the basic tariff.

3. Super-user account

  • Once the User is registered on the Website and once a Contract for the Provision of Services is concluded, a super-user account shall be created for the User. The User may use their super-user account to manage their personal details, manage their sub-accounts and order extended functionalities of the Service from the Provider (clause 4.1) (‘Super-user account’).

  • When registering, the User shall provide only correct and true details. The User shall update the details provided in the Super-user Account every time they change in any way. The Provider shall deem the details provided by the User in the Super-user Account to be correct.

  • Access to a Super-user Account is secured with a username (email address) and a password. The User agrees that the log in details may be used for logging into other websites operated by the Provider or third parties. The User shall treat as confidential information required in order to access their Super-user Account; the User acknowledges that the Provider shall bear no responsibility for a breach of this obligation by the User.

  • The User may not allow third parties to use the Super-user account. Each User may have only one Super-user account.

  • The Provider may delete a Super-user Account, in particular in the event that the User breaches their obligations arising from a Contract for the Provision of Services (including the Terms of Business and the Rules of Discussions).

  • The User acknowledges that the Super-user account may not be accessible continuously, in particular due to essential maintenance of hardware and software belonging to the Provider or third parties.

4. Conditions of the service

  • On the basis of a Contract for the Provision of Services, the User may use their user interface to manage their details, upload and remove posts or other information and manage the same, as well as upload photographs and audio-visual recordings and manage the same; The User may further use their user interface to communicate in a specified manner with other persons (‘Service’). The Provider shall charge for some non-standard functions of the Service (‘Extended Functionality’).

  • The Provider does not have to provide the Service in the event that its provision is prevented by issues on the part of the User or third parties. In particular, the Provider does not have to provide the Service if there is an electricity supply outage, data network outage, other faults caused by third parties or vis major.

  • The provision of the Service may be subject to outages, temporary limitations, interruptions or decreases in the quality of the Service.

  • All recommendations and information displayed as part of the Service on the Website are non-binding; the User acknowledges the same. The User shall always contact a professional advisor regarding the use of these recommendations and information.

  • The Provider may delete a Super-user Account, in particular in the event that the User breaches their obligations arising from a Contract for the Provision of Services (including the Terms of Business and the Rules of Discussions).

5. Content of a Contract for the Provision of Services

  • In a Contract for the Provision of Services, the Provider undertakes to provide the Service to the User. In the event that the User decides to use the Extended Functionality of the Service, in return for such use, the User hereby undertakes to pay to the Provider remuneration in the amount displayed in the user interface of the Service.

6. Extended funcionality of the service – provider’s remuneration

  • In the event that the User decides to use any of the Extended Functionalities of the Service, in return for such use, the User hereby undertakes to pay to the Provider remuneration in the amount displayed in the user interface of the Service. The User shall pay the Provider’s remuneration according to a Contract for the Provision of Services in the form of a subscription (‘Credit’). The Provider’s remuneration shall be subtracted from the User’s Credit as applicable.

  • The User may purchase Credit by means of payment systems operated by third parties.

  • In the event that it is prescribed by generally binding legislation, Value Added Tax or another similar tax (‘VAT’) shall be added to the Provider’s remuneration for the provision of the Service. The Provider is a VAT taxpayer.

  • The User may use the Extended Functionality of the Service only once Credit has been paid. The Provider may suspend the use of the Extended Functionality of the Service until the Credit amount has in fact been credited to the Provider’s account.

  • The Provider may provide to the User, free of charge, another type of credit that is not equivalent to monetary performance by the User and which can be used solely for the Provider’s marketing activities (to allow the User to use the Extended Functionality of the Service).

  • Credit is non-refundable and the User must use the Extended Functionality of the Service to the extent of the remaining Credit balance.

7. Use of the service

  • When using the Service, the User may not save or disseminate information the content of which is contrary to generally binding legislation effective in countries where the Service is accessible, in particular content the publication of which:

    • Infringes on the rights of an author or rights related to the rights of an author belonging to third parties;
    • Infringes on the rights to the protection of personal rights;
    • Breaches laws regulating consumer competition;
    • Breaches laws for the protection from hatred against a nation, ethnic group, race, religion, class or another group of people or from limitation of rights and freedoms of their members.
  • The User acknowledges that the Provider shall bear no responsibility for the settings selected by the User in their Super-user Account.

  • When using the Service, the User may not save or disseminate information or advertising of promotional nature. When using the Service, the User may not send out unsolicited commercial messages or other group messages. When using the Service, the User may not send out information which noticeably resembles services or applications of third parties for the purpose of confusing or misleading internet users (phishing). When using the Service, the User may not disseminate computer viruses.

  • When using the Service, the User may not use mechanisms, tools, programs or processes which have or may have an adverse effect on the operation of the Provider’s equipment or safety of the internet or other internet users. The User may not burden the Provider’s server, from which the Service is run, by automatic requests.

  • The User may not engage in activities aimed at preventing or limiting the operation of the Provider’s server from which the Service is run, or to carry out other attacks on this server; the User may not assist a third party with engaging in these activities. The User may not use the Super-user Account or the Service in a manner which would disproportionately restrict the use of the Service by other customers of the Provider or otherwise disproportionately hinder the Provider.

  • The User acknowledges that the Provider shall not be liable for the content of information saved by the User. The User further acknowledges that the Provider shall not be liable for the User’s unlawful acts.

  • The Provider is entitled (but not obliged) to preventatively check the information saved or disseminated by the User when using the Service. In the event that the content of this information could breach the Terms of Business (including the Rules of Discussions), generally binding legislation or good morals, the Provider may delete this information or prevent this information from being disseminated; the Provider may further withdraw from the Contract for the Provision of Services. In the event that any third party asserts their rights against the Provider in connection with the saving or dissemination of information saved or disseminated by the User when using the Service, the Provider may immediately delete the content of information saved or disseminated by the User when using the Service.

  • In the event that a third party asserts their rights against the Provider in connection with the performance of a Contract for the Provision of Services, the User undertakes to hand over to the Provider without undue delay any documentation and materials necessary for a successful defence of the third party’s claim. In the event that such a third party claims that the saving or dissemination of information saved or disseminated by the User when using the Service has breached their rights, in particular their rights to objects protected by copyright or if unfair competition has taken place, the User undertakes to reimburse the Provider for any legitimate expenses incurred by the Provider in connection with the dispute with such a third party.

  • The User acknowledges that texts, photographs, graphic works and other items forming part of the Website or accessible as part of the Service may, individually and/or as a whole (‘Authors’ Works’) be protected by copyright. Databases forming part of the Website or accessible as part of the Service are protected by the specific right of an author of a database. Unless otherwise agreed with the Provider in writing, authorised use of Authors’ Works may take place only to the extent and by the means specified by the applicable law. The User may not, in particular, use Authors’ Works by way of their copying for the purpose of generating direct or indirect commercial or business benefit, or use Authors’ Works by way of dissemination, lending, showing or communicating the Works to the public (including communicating to the public via the internet).

8. Licence agreements

  • In the event that, when using the Service, the User saves or disseminates information (intangible assets) which are protected by any intellectual property rights (‘Protected Work’), by saving or disseminating the Protected Work within the Service the User grants to the Provider an entitlement to exercise the right to use the work (licence) under the conditions listed below. Clause 7.1 of the Terms of Business is not hereby affected.

  • The Protected Work licence shall be granted for all manners of use (including communicating the Protected Work to the public via the internet) and in an unlimited quantitative and territorial extent. The Provider may wholly or partially grant rights forming part of the Protected Work licence to a third party (sub-licence). The Provider may assign the Protected Works licence to a third party. The Provider shall acquire the Protected Work licence as soon as the Protected Work is saved or disseminated within the Service. The licence is provided for a period of seventy (70) years from the moment when the Protected Work is saved or disseminated within the Service. The Provider is not obliged to use the licence.

  • The Provider may alter, modify or process a Protected Work, include it in a collection or combine it with another Author’s Work (or a computer program); the Protected Work may also be altered, modified or processed via third parties. If the Protected Work is modified by the Provider (third parties authorised by the Provider), the Provider shall be granted a licence also to the modified Protected Work. The Provider may communicate the Protected Work to the public under their company name. If the Protected Work has not been published yet, the Provider may publish it. With a Protected Work, the Provider may always include a nickname (username) of the User who has uploaded the Protected Work within the Service.

  • Clauses 8.1 to 8.3 of the Terms of Business shall accordingly apply in relation to the Providers’ rights to cases where the User’s post is not protected by copyright.

9. Other rights and obligations of the contractual parties

  • The Provider does not require the payment of a deposit or another similar payment.

  • The User acknowledges that computer programs used on the Website are protected by copyright. The User undertakes not to engage in any activities which could allow the User or third parties to unlawfully interfere with or use computer programs in relation to which the Provider exercises proprietary rights or of which the Provider is the user.

  • In their relation to the User, the Provider is not bound by any codes of conduct.

  • The Provider processes consumers’ complaints out of court via the email address which forms part of their contact address (clause 14.7). The Provider shall send a response to a User’s complaint to the User’s email address.

  • The Provider is allowed to trade on the basis of a trade licence. Trade control is carried out by the relevant trade office within their jurisdiction. Supervision of the protection of personal details is carried out by the Office for the Protection of Personal Details.

  • The rights and obligations of the contractual parties relating to the Provider’s liability for defects of the Services are governed by generally binding legislation. The User may assert their rights arising from the Provider’s liability for defects of the Service by writing to the address of the Provider’s registered office or by email to the contact address (clause 14.7).

  • Trademarks used on the Website are owned by the Provider or third parties. The User may not mark their products or services with these trademarks.

10. Protection of personal information

  • The User who is a natural person consents to the processing of the following personal details: forename, surname, email address, sex, date of birth, information relating to the User’s movement on the Website, information on the means of use of the Website by the User, the User’s localisation data and other personal details which the User saves in their Super-user Account (collectively ‘Personal Details’).

  • The User consents to the processing of Personal Details by the Provider for the purposes of administering the Super-user Account, performing obligations arising from the Contract for the Provision of Services, for the purpose of obtaining statistical data about the User’s conduct and provision of the same to third parties, and for the purpose of sending commercial communications. The User agrees that Personal Details may be published on the Website.

  • The User’s Personal Details may be passed on to third parties, even for commercial purposes. The Provider may delegate the processing of Personal Details to a third party as a processor.

  • The User acknowledges that he/she is obliged to provide correct and true Personal Details (when registering, in their Super-user Account) and that he/she is obliged to reflect any changes of their Personal Details in their Super-user Account without undue delay.

  • Personal Details shall be processed for an indefinite period of time. Personal Details shall be processed in electronic form in automatic manner or in print form in non-automatic manner.

  • The User confirms that the provided Personal Details are accurate and that it has been explained to the User that the provision of Personal Details is voluntary.

  • In the event that the User suspects that the Provider or processor (clause 8.3 and 10.3) are processing the User’s Personal Details in a manner contrary to the protection of the User’s private and personal life or contrary to the law, in particular if the Personal Details are inaccurate in relation to the purpose of their processing, the User may request that the Provider or the processor provides an explanation or request that the Provider or the processor rectifies the situation.

  • If the User requests information relating to the processing of their Personal Details, the Provider is obliged to provide such information. The Provider is entitled to demand adequate reimbursement for the provision of information according to the previous sentence not exceeding the necessary costs of the provision of such information.

11. Sending of commercial messages and saving of cookies

  • The User consents to the sending of information or commercial communication by the Provider relating to the Provider’s services or business to the User’s Address listed in the Super-user Account or elsewhere within the Service (‘User’s Address’), as well as to the sending of commercial communication by third parties to the User’s Address. The User consents to the sending of information to the User’s Account by third parties who also use the Service. Each email provides a one-click method to unsubscribe from the distribution list.

  • The User consents to the saving of so-called cookies on their computer. Cookies are small files which allow the Provider and parties advertising on the Website to recognise the User’s computer when communicating with the Website and to subsequently use certain functions of the Website. In the event that it is possible to perform the Provider’s obligations arising from a Contract for the Provision of Services without cookies being saved on the User’s computer, the User may withdraw their consent at any time in accordance with the first sentence of this paragraph.

12. Duration of a contract for the provision of services

  • The User, who is a consumer, is entitled to withdraw from a Contract for the Provision of Services within fourteen (14) days of the conclusion of the Contract, unless the circumstances are such that it is not possible to withdraw from a contract. The User may use the Provider’s template form which forms Schedule no. 2 to the Terms of Business for such withdrawal from the Contract.

  • A Contract for the Provision of Services becomes effective immediately after its conclusion. A Contract for the Provision of Services is concluded for an indefinite period of time.

  • The User may terminate a Contract for the Provision of Services at any time by a factual act, i.e. deletion of their Super-user Account. The User acknowledges that a deletion of their Super-user Account will not result in the deletion of posts and other content uploaded by the User within the Service.

  • The Provider may terminate a Contract for the Provision of Services if the User breaches any of their obligations arising from the Contract for the Provision of Services (including the Terms of Business or Rules of Discussions) or from generally binding legislation or in other circumstances. Notice of termination of the Contract for the Provision of Services according to this clause becomes effective as soon as it has been served on the User. Unless agreed otherwise, the Contract for the Provision of Services shall be discharged as soon as the notice of termination becomes effective.

  • Discharge of a Contract for the Provision of Services shall have no effect on the licence granted to the Provider according to clause 8 of the Terms of Business.

13. Service - legal conduct

  • Unless agreed otherwise, any correspondence regarding legal conduct relating to a Contract for the Provision of Services must be served on the other contractual party in writing by email. The User is served at the User’s Address - the email address provided in their Super-user account.

  • In the case of service by email, a message is served in the moment of its acceptance by the incoming mail server.

14. Final provisions

  • A relationship relating to the use of the Website or a legal relationship arising from a Contract for the Provision of Services shall be governed by Czech law, in particular by the Civil Code.

  • The contractual parties have agreed that courts of the Czech Republic shall have jurisdiction.

  • The Provider may assign the rights and obligations arising from a Contract for the Provision of Services to a third party and the User expressly agrees to this.

  • If a provision of the Terms of Business is invalid or ineffective or it becomes invalid or ineffective, it shall be replaced by a provision the meaning of which is most similar to the invalid provision. The invalidity or ineffectiveness of a provision shall have no effect on the validity of the rest of the provisions.

  • The following form an inseparable part of the Terms of Business:

    • Schedule no. 1 – Rules of Discussions;
    • Schedule no. 2 – Form for a withdrawal from a Contract for the Provision of Services by a consumer.
  • A Contract for the Provision of Services including the Terms of Business is archived by the Provider in electronic form and it is not publicly accessible.

  • The Provider’s contact details are: email address: conditions@keengamer.com, telephone number +420608474025.

In Ostrava on June 21th 2015

KeenGamer, s.r.o.