GENERAL DETERMINATIONS
These general terms and conditions for the use of the websites and services under the domain contentexchange.me (hereinafter referred to as: Terms and Conditions) apply to all users and all ways of use of the website and services contentexchange.me (hereinafter referred to as: website or service/s).
The Terms and Conditions are updated on a regular basis and are always accessible to every user in its latest version on the website.
Every user may use the services of the website on his own responsibility and fully warrants for the legality of the content he submits to the website and is responsible for any legal and factual flaws of the content uploaded to the website.
By registering on the website, you agree with the following Terms and Conditions.
The provider reserves the right to immediately disable any user from participating in the Network and terminate his membership without further notice in the case of violation of these Terms and Conditions and other cases stated below.
1. DEFINITIONS
TERMS AND CONDITIONS for the use of the website contentexchange.me (hereinafter referred to as: ContentExchange) represent a legally valid and binding and irrevocable agreement between the provider and users of the website ContentExchange.
WEBSITE ContentExchange (hereinafter referred to as: website) is a website that, within its domain contentexchange.me, enables users to use services of the website. The provider can at any time change the name of the domain.
SERVICE PROVIDER (hereinafter referred to as: provider) of the website, the owner of the content, except from the content submitted by users under these Terms and Conditions, and the owner and webmaster of all software with all its services, is the company IRV d.o.o., unless otherwise stated.
USER/MEMBER is every individual or legal person who successfully completes the registration process which is confirmed when signed into the system by IRV d.o.o. and when the user receives a username and password.
2. OBJECT OF SERVICE
The services of the website are intended for users/members. The services are available 24 hours a day and 365 days a year. The provider reserves the right to change, temporarily or permanently, any of the included functionalities without previous notification.
3. TERMS AND CONDITIONS FOR THE USE OF SERVICES
The Terms and Conditions apply equally for all users. The services of the website are designed for the use by users who successfully complete the registration process or install Content Exchange’s content widgets on their websites. Some services are also accessible to other visitors of the website, either to a limited or unlimited extent. The provider reserves the right to change the terms of accessibility for all or specific users of the website.
4. REGISTRATION PROCESS
By initiating the registration process the user confirms he has read and understood the Terms and Condition and that he accepts them in their entire form. The user initiates the registration process by filling in a form on the website. The user is obligated to fill in all the data in the registration form and check the opt-in box that he accepts these Terms and Conditions, otherwise the registration is not possible. The provider gives each user a unique username and password. The registration is completed and confirmed when provider signs the user in into the ContentExchange system and sends the user an email with username and password.
The provider reserves the right to refuse to give the user a user name or permission to use the services at any moment.
With registration and creation of user account the user receives an account for his own use exclusively. The provider can decide to limit the registration of new members or disable users from registering.
By registering the user commits to and warrants for the accuracy and truthfulness of the information he provided. The registration of other persons and the use of other persons’ names in the registration process is not allowed. For any damages that might arise from such action on the side of the provider, other users or a third party, the user is criminally responsible and accepts full liability for damages and accepts passive legitimation in case of a dispute.
The user is responsible for the protection of their username and password against unauthorised use by others. Users are not allowed to enable others to access the website’s services with their account, nor to authorise anyone to use their account.
The provider reserves the right to assess the appropriateness of the user’s data and to add information or remove from the system certain user’s information as well as contents the user has uploaded onto the website.
5. GENERAL RULES
The provider reserves the right to, at his own judgement, at any time change, adjusts or deny the use of a certain content that violates the Terms and Conditions. The user agrees to use the services in accordance with legislation of the Republic of Slovenia, EU legislation and any other relevant legislation, journalistic ethics as well as with general ethical norm. The user is responsible for the content he submits or publish and other information he releases by using the services.
6. PROHIBITED USES
Users may use the website and its services only for lawful purposes and in accordance with these Terms and Conditions. User agree not to use the Website:
- In any way that violates any applicable national, local or international law or regulation.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms and Conditions.
- To impersonate or attempt to impersonate the provider, a provider employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
Additionally, users agree not to:
- For the duration of Content Exchange membership, publish any materials, including audio-visual materials in his user interface, which include any contact information, such as telephone numbers, instant messaging identification. email address, full name or similar.
- intentionally click on their own ContentExchange.me widgets with the intention of manipulating ContentExchange platform in order to gain unjustified exposure through the platform.
- Post or transmit through the website any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law;
- Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website;
- Use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website;
- Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the website;
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is located, or any server, computer or database connected to the website;
- Attack the website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempt to interfere with the proper working of the website.
If you think that any of the content published violates your copyright, please contact our Customer support department at info@contentexchange.me.
7. TERMINATION OF MEMBERSHIP
The duration of validity of a user account is unlimited, providing the Terms and Conditions were followed. User accounts in which users have not logged in over a time of 365 days can be automatically deleted. Every user has the right to terminate his membership and stop using the services. Users can terminate the membership by sending an email to info@contentexchange.me containing the user’s user name and password and expressing his wish to terminate the membership. The membership terminates on the 14th day after receiving such email and the provider terminates the user’s account. Until the termination has been completed, these Terms and Conditions apply and the user is responsible for his actions and content he publishes on the website.
8. OWNERSHIP OF CONTENT AND TRADEMARKS
All content, published on the website, except from content published by it users, are property of the provider and/or his partners and contractual cooperator. Copyrighted material includes, amongst others, all computer code, software, structure of the system and all written material, audio-visual elements and other material.
The provider is the sole owner of the brand ContentExchange and domain contentexchange.me and all derived names, trademarks and service marks, signs and slogans. The provider name, the provider’s logo and all related names, logos, product and service names, designs and slogans are trademarks of provider or its affiliates or licensors. Copying, distribution or alteration of any such marks or information without previous consent by the provider is not allowed. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners. In case of violation of his intellectual property rights, the provider reserves the right to, act against the violator according to the legislation.
9. CONTENT AND MATERIAL, PUBLISHED BY THE USERS
Within the services of the website, users may not submit, display, upload, link to or indicate any material containing violent sexuality, pornography, offensive, violent, threatening, racist, misleading, illegal or in any other way unethical material, or materials that violate copyright, personal, related rights and other legal and constitutional rights of third parties, in the form of statements, files and any other form. Users may not submit or publish information or content, that are protected by industrial property rights, copyright, personal rights and other third parties’ rights, such as the right to privacy and the prevention of publication of personal data.
The user agrees, that all content he submits to the website will be accessible by the public.The user explicitly ensures that all material he submits within the services of the website are his intellectual property or that he has obtained the necessary rights to employ it according to the Terms and Conditions. When submitting materials that are protected by the right of intellectual property of a third party, the user warrants that he has obtained accordant permission from its owners to do so.
By submitting the material to the website, the user, who owns the material, grants the provider a non-exclusive and free of charge right to publish and publicly display the material in parts or fully, unlimited in time and location. The provider cannot be, in any case, held responsible for legal errors in the material he has obtained from users of the website. The provider reserves the right to take legal action against discovered violation of intellectual property rights.
10. EXTERNAL LINKS
to the users may create links from other websites to the provider’s website. Such links are not allowed to be created on websites with legally or morally corrupt content. Except from the beforementioned case, it is not allowed, without previous written permission from the provider, to publish, reproduce, distribute or make use in any other way of the trademark and logo of the website.
11. PRIVACY POLICY
The provider of the website undertakes to carefully protect the data of users and use them for the needs of providing services. The personal data of users shall be protected in compliance with relevant legislation and regulations on protection of personal data.
12. WEBSITE OPERATORS AND ADVERTISERS
In order to grant the user access to the website and in order to be able to use the services as a website operator or an advertiser, the provider may request information about user’s company and its representatives. If and insofar as personal data are transferred to ContentExchange in this context, provider observes the principle of purpose limitation in accordance with applicable data protection law.
13. AUTOMATIC COLLECTION OF INFORMATION
Whenever user or visitor of the provider’s or user’s website (hereinafter as the: visitor) visit or interact with the website ContentExchange.me, its subdomains, or user’s websites, the provider may use a variety of technologies that automatically or passively collect information about how the service is accessed and used (“Usage Information“). Usage Information may include browser type, operating system, device type, an estimate of user’s geographic location associated with user’s IP address, the page served, the time, referring URLs and other information normally transmitted in HTTP requests. This statistical data provides information about the use of the Service, such as how many visitors visit a specific page on which the Service is installed, how long they stay on that page, the type of content on that page, which hyperlinks, if any, they “click” on and how they generally engage with that page. Usage Information is generally non-identifying, but to the extent Usage Information may be associated with user as a specific and identifiable person (for example, because you have registered for the ContentExchange services the provider treats such information as “Personal Information” (i.e., information that could be used to contact the user or to identify the user personally) and will only be used for the purposes described in this Terms and Conditions.
The provider also automatically collect the internet protocol (“IP“) address or other unique identifier (“Device fingreprint“) for each computer, mobile device, technology or other device (collectively, “Device“) users use to access the Service.
When browsing the pages of the website along with the content of the website special files, called cookies, are loaded on users’ and visitor’s computers. Cookies contain data some applications on the website need to function properly and at the same time they increase the convenience of use of the website’s services.
14. CONTROL OF USE
The provider does not control the material and data submitted to the website by its users within the website’s services and therefore cannot account for the accuracy of information and any damages that may occur as consequence of the use of such information or its loss. In order to be able to fully adhere to these Terms and Conditions, the provider reserves the right to control and look at any material or information submitted by users within their use of the website’s services, as well as the right to delete, move or alter any material, that according to his opinion, violates these Terms and Conditions but does not commit to do so. Users or members who submit such materials within their use of the website’s services can be held accountable despite any interference of the provider.
15. VIOLATION OF THE TERMS AND CONDITIONS
The provider reserves the right to exert any of the measures stated bellow on a user that violates these Terms and Conditions:
- warning of non-compliance with the Terms and Conditions and a request to abide by them in future,
- disabling the user from accessing certain services within the website,
- disabling the user’s account,
- disabling any other user accounts the provider found out were used by the same user as the account that violated the Terms and Conditions,
- blocking the IP-address of the non-compliant user,
- reporting the user’s IP-address to the user’s internet provider.
16. LIABILITY
The user agrees that the provider, his owners, employees, contractual associates and others will not be held accountable in the case of loss of data or any other inconvenience or problem that have occurred due to his misuse of the website or other users’ misuse of the website. The provider is not accountable for any interruption of the website’s operation, for whatever reason it occurred.
In all cases of violation of these Terms and Conditions the provider reserves the right to initiate action in his own name or support users that were subject to any sort of damage caused by the violation.
The provider does not guarantee the users that the operation of its services will be uninterrupted, always available, nor that it will meet their expectations towards the website. The provider also is not responsible for internet connections and services including the internet coverage of a certain area or disruptions of connectivity. The provider is not accountable for any sort of damage, including damage from lost data, loss of programs, connection fees, expenses of alternative services or interruption of services, that arise from the use of the website.
17. ALTERATION OF THE TERMS AND CONDITIONS
The user accepts these Terms and Conditions with each visit of the website, whether he logged in with his username and password or not. The user’s right to use the website’s services is bound to all possible future alterations to the Terms and Conditions (determinations, limitations and/or conditions), declared by the provider.
The provider reserves the right to any alteration, partial or wholly, of any part of the Terms and Conditions, without extra notice or limitation. The changes are valid from the moment of publishing on the website. The provider assures the Terms and Conditions are easily accessible on the website at any time.
The provider can at any time without limitations change, halt or cancel any part of the website’s service, as well as the availability of any feature of the services, application, database or individual pieces of content. The provider can establish new limitation to the use of certain features and parts of the service or limit certain user’s access to parts of the service or the entire service without prior notice.
18. DISPUTE RESOLUTION
Questions, comments or complaints regarding the website’s services shall be submitted to this e-Mail address: info@contentexchange.me.
19. COMPETENCE IN CASE OF DISPUTE
All matters relating to the website, services and these Terms and Condition and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Slovenia without giving effect to any choice or conflict of law provision or rule (whether of Slovenia or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the website shall be instituted exclusively in the Slovenia although the provider retains the right to bring any suit, action or proceeding against the user for breach of these Terms and Conditions in user’s country of residence or any other relevant country. The user waives any and all objections to the exercise of jurisdiction over him by such courts and to venue in such courts.
20. VALIDITY OF THE TERMS AND CONDITIONS
This version of the Terms and Condition is valid from 02.02.2018.