Terms Of Use
1. ACCEPTANCE OF TERMS
This is a legal Agreement between the service provider, neomyz.com, s.r.o., a limited liability company organized under the laws of Slovak Republic ("Neomyz" or "We") and the customer ("You"). Neomyz provides its Service to you, subject to these Terms of Use. By registering with Neomyz and using the Services you agree to be bound by these Terms of Use. Neomyz reserves the right to modify these Terms of Use from time to time, with or without notice to You. By continued use of the Service after such Terms of Use have been posted, You agree to abide by such changes. You can always review the most current version of these Terms of Use by visiting Neomyz web site and clicking the link at the bottom of every page.
2. SERVICES PROVIDED
Neomyz currently provides registered users with the following remotely hosted online services (the "Service" or "Services"):
- Neomyz Web Poll
- Neomyz RSS Web Reader
- Neomyz Online Games
The Services are provided in several separately priced levels (the "Service Plans"). Current list of available Services, Service Plans available in each Service, and feature and other differences between the Service Plans as well as the pricing information is available on the Neomyz website. You acknowledge that you will only receive the the Service Plans for which you are paying the associated fees.
A special "Free" Service Plan is available to You free of charge, and allows You, after completing the registration process, to use each of the Services with no time limit. Neomyz reserves the right to discontinue the special "Free" plan without prior notice.
3. MODIFICATION TO SERVICES
Neomyz reservers the right at any time to modify or discontinue the Services or Service Plans with or without prior notice. You agree that Neomyz shall not be liable to You or to any third party for any modification or discontinuance of the Services or Service Plans.
4. REGISTRATION, PASSWORD, ACCOUNT USE
You agree that the information that You provide during the registration will be true, current and accurate. You also agree to further update and keep such information true and current. You shall also provide a password to access Your account and the Services. It is Your sole responsibility to keep Your account information and password safe and secure and You are fully responsible for misuse of Your account or password. Neomyz shall not be liable for any damage caused by use of Your account or password by third party. You should notify us of any unathorized use of Your account.
Misuse of the Service by providing a false email address during registration may lead to cancellation of Your account without refund, in accordance with the provision entitled "Term and Termination".
5. PAYMENT
You acknowledge that 2Checkout.com, Inc. is an authorized retailer of Neomyz and that Neomyz shall not be obligated to provide any of the Services to You unless it has received payment for the applicable fee. You agree to pay all applicable one-time and recurring fees for the selected Service Plan. If You have selected the automatical renewal as Your billing option, the recurring fees will be automatically deducted from Your credit card on a month-to-month basis in case of the monthly billing, or year-to-year basis in case of the yearly billing, until You cancel Your subscription. If You have selected the automatic renewal as Your billing option, You agree that You have to cancel your subscription at least 5 business days before the new subscription period begins, in order to prevent the full subscription fee for the new subscription period to be deducted from your credit card. If You have selected the manual renewal as Your billing option, You agree to renew Your subscription by paying the subscription fee for the new subscription period before the new subscription period begins. One-time activation and setup fees, and the yearly and monthly subscription fees are not refundable.
6. PRIVACY
Neomyz is committed to protecting Your privacy. For more information regarding Neomyz's Privacy Policy, visit the "Privacy Policy" section of our web site.
7. TERM AND TERMINATION
Either party may terminate Your account and this Agreement at any time by written notice to the other party. You agree that Neomyz may terminate Your account and this Agreement if it believes that You have breached any provision of these Terms of Use, or for any other reason, with or without prior notice to You. Neomyz may modify or discontinue its website or Services, with or without prior notice to You, and will not be liable to You or any third party as a result of such modification or discontinuation. The provisions entitled "Disclaimer of Warranties," "Limitation of Liability," "General Provisions," "Indemnity" and "Ownership" shall remain in effect despite any termination of this Agreement.
8. PROHIBITED USE
You acknowledge that Neomyz does not take any responsibility for the material or content that You publish or transmit using the Service. You are prohibited to use the Service to publish or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable.
9. OWNERSHIP
All content included on this website, such as text, graphics, logos, images, audio clips, software and polls (the "Content"), is the property of Neomyz or its content suppliers and protected by international copyright laws. The reproduction, modification, distribution, transmission, republication, decompilation, reverse engineering or dissasembling, of the Content on this website is strictly prohibited, unless expressly stated otherwise.
10. DISCLAIMER OF WARRANTIES
You agree that Your use of the website and the Services is at Your own risk. Everything on the website and the Services we offer are provided on an "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NEOMYZ MAKES NO WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, RELIABLE OR WILL FULFILL YOUR NEEDS OR MEET YOUR REQUIREMENTS. NEOMYZ MAKES NO WARRANTIES THAT THE RESULTS DERIVED FROM USE OF ANY OF THE SERVICES WE OFFER WILL BE ACCURATE OR USEFULL. NEOMYZ IS NOT RESPONSIBLE FOR DAMAGES CAUSE BY THE USE OF RESULTS DERIVED FROM USE OF THE SERVICES WE OFFER.
11. INDEMNITY
You agree to defend, indemnify, and hold harmless Neomyz, its officers, employees, and partners, from and against any claims and demands, including without limitation reasonable legal and accounting fees, arising from or related to Your use of the Neomyz website, Your use of Neomyz Services, Your violation of these Terms of Use, or Your violation of any laws or regulations.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEOMYZ NOR ANY OF ITS OFFICERS, EMPLOYEES AND PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES FOR LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, DELAY OR INABILITY TO USE THE SITE, THE PROVISION OR FAILURE TO PROVIDE SERVICES, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, ERRORS OR DEFECTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE OR THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. GOVERNING LAW
The use of Neomyz and any disputes and claims resulting thereof shall be governed by the laws of the Slovak Republic. Both You and Neomyz agree to submit to the exclusive jurisdiction of the Slovak courts.
14. GENERAL PROVISIONS
If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforcable or invalid, the remaining provisions will remain in full force and effect. The headings contained in these Terms of Use are for convenience only and shall not constitute a part hereof.