Thank you for using the Wishlist4People Services. You are visiting the Internet website of the company Sky4People s.r.o.
By browsing and otherwise using this website including storing, downloading and sharing data and materials on this website, you give your consent to comply with the following terms and conditions stated in Articles 1 to 10 (hereinafter referred to as the “Terms and Conditions”) and at the same time you declare you have become familiar with these Terms and Conditions.
Given the above mentioned, we recommend you become familiar with these Terms and Conditions prior to using the services of this website, and unless you agree or you agree under reservation do not use the services and leave the webpage.
The Provider of the website www.Wishlist4People.com (hereinafter referred to as the “Website”) is the company Sky4People s.r.o., registered office at ul. Martinčekova 18, 821 09 Bratislava, Slovak Republic, Company Identification Number: 46 518 959, registered in the Companies Register of Okresný súd (the District Court) in Bratislava I, Section: Sro, Insert No.: 78886/B (hereinafter referred to as the “Provider”).
The Provider is a company incorporated and existing under the laws of the Slovak Republic. Every website operated by the Provider is considered to be a Website where the Services will be provided / transferred pursuant to Section 1.2 hereof, or provided simultaneously within national domains.
The “Wishlist4People” Internet services are services provided by the Provider and located on the Website, mainly browsing and using functions and software modules, channels, data and databases, photographs, audio recordings, videos and other materials made available by the Provider (hereinafter referred to as the “Services”) for the purposes stated hereunder. The scope of Services provided may be changed and amended.
The Purpose of these Services is mainly to enable the users to input personal wishes, their searching, displaying, sharing, publishing, evaluating, input or automatic detection of the User’s location or place where the wish object is physically located, etc. The purpose of the platform designed for offering and receiving offers to fulfill the wishes is to provide the Users and Visitors with an area for mutual communication, social interaction, submitting offers – their acceptance or refusal, as well as any other mutual agreements (hereinafter referred to as the “Purpose”). Every visitor is obliged to use the Website in accordance with the Purpose. The Provider shall not be responsible for fulfilling or not fulfilling any of the wishes of the User or Visitor or if the subject of wish will be / will be not located anywhere and the Provider is not the executor, purchaser, carrier or order person of individual wishes and it is not possible to enforce or claim in any way for fulfilling any wish or damages – applying any legal claims against the Provider is therefore excluded and is considered to be contradictory with the Purposes under these Terms and Conditions.
The Provider reserves the right to amend the scope of Services provided (modify, change, add) and also to change the scope of functions and other components of Services made available including the change in the Purpose, and that without the consent of registered and non-registered – visitors of the Webpage, Service users. The Provider shall be entitled to provide the Services on the Internet sites and domains chosen by the Provider including the right of transferring or assigning the Services from the Website.
Using the Website and Services is governed by the Terms and Conditions constituting a legally binding contract on using the Website concluded by the Provider, on one side, and the User or Visitor (Section 2.2), on the other side. The Website and Services may not be used contrary to any or any disagreement with these Terms and Conditions.
The following terms defined in Section 2.2 hereof and implemented abbreviated quotations in Article 1 or any other Articles are stated throughout the whole text of these Terms and Conditions in the scope of abbreviated quotations as stated in Section 2.2 hereof, Article 1 or any other Article of these Terms and Conditions. These terms and abbreviated quotations are used in relevant grammatical forms (e.g. plural).
“Personal Data” are data pursuant to S. 3 of the Act no. 428/2002 Coll. on Privacy Protection as subsequently amended, thus relating to identified or identifiable natural person while such person is a person who can be identify directly or indirectly, mainly based on generally usable identifier or based on one or several features or characteristics forming her/his physical, physiological, mental, economic, cultural or social identity.
“Server” is a data storage where the User or Visitor may store his/her own contents or strange contents via the Website.
“User Account” is a set of data necessary to log in the Website and using the Services. The Website uses login via the Facebook service, and therefore the Provider shall not be responsible, on an objective or subjective base, for the veracity and relevance of the provided login data of individual users. The Provider is the only one who may decide on the extent of access and viewing certain parts of the Website and modules to registered or non-registered users. The Provider may condition providing of individual services and modules to existence of a User Account.
“User” is every natural person who logs in via his/her User Account to the Website.
“Visitor” is any natural person not logged in who browses or otherwise uses the Website or uses the Services made available by the Provider to a person not logged in.
“Custom Contents” means any material mainly software, text, data, links, photographs, graphic images, videos, audio recordings placed by the User or Visitor via the Website or Server of the Provider.
“Strange Contents” are any materials, mainly software, texts, data, links, information, photographs, pictures, videos and audio recordings uploaded on the Server by other Users or Visitors via the Website or uploaded to the Websites by the Provider.
“Content” is Custom Content and Strange Content. The contents also include any wish(s) applied for by or intermediated/offered by the User or Visitor on the Server, within the platform determined for offering and receiving offers to fulfill wishes.
When using the Services, the User shall be obliged to provide true, clear, understandable and precise information within to the extent of the needs for specific Service. The User shall be obliged to refrain from providing information or data not true, confusing, likely to cause confusion with any other person or to damage him/her.
The authenticity and accuracy of access data when logging and registering via the User Account shall be governed by the relationship between the User and Facebook service provider since the User logs in on the Website via this Service. Therefore, the Provider shall not be responsible and may not be responsible for providing false and non-authentic access data to the User Account. This also applies to cases of unauthorized accesses.
If the Provider finds that the Contents, User Account, data, links, Custom Contents provided by the User are used without authorization, are contrary to good morals, are false, confusing, inaccurate, likely to cause conflict or are contrary to the Purpose or these Terms and Conditions, they reserve the right to modify, specify, remove them or use any other appropriate action (e.g. warning, notice, returning to prior state, cancelling the User Account, etc.) – the provision of the previous paragraph shall not be affected. Regarding the number and different nature of infringements, the Provider shall not be obliged to reason in any way using the legal reservation under this paragraph.
The User shall be obliged to use and not to share her/his User Account with any other persons, and therefore he/she acknowledges and agrees that overall use of the Website and Services under a certain User Account following log in is considered to be using directly by the specific User the User Account belongs to.
In case of abuse or suspected abuse of the User Account, the User shall be obliged to solve the situation primarily with the service provider he/she uses for registering and logging to the User Account (Facebook).
In such case, the Provider shall be entitled to block the User Account given for an indefinite period of time or to cancel it – the Provider may do so for any own suspicion or suspicion at the initiative of any other person (the User, Visitor, Facebook service provider).
The following non-exhaustive list relates to the contents of individual posts and comments on the Website prohibited by virtue of their contents. This list is only for illustration and does not constitute an exhaustive list of all prohibited types of User contents considering what the Provider reserves the right to evaluate individually each possible inadequacy of posts the User and Visitor agrees to.
The following content is prohibited mainly which:
The Provider reserves the right to modify or delete any posts contrary to the above mentioned. Violation of the above mentioned may result in deleting the User Account by the Provider without notice and knowledge of the User or contributor – Visitor, or any in other penalties, even in filing a criminal complaint or offence notice pursuant to the nature of such breach. Any measure of the Provider leading to terminating the User Account shall not affect termination and existence of the account on the Facebook service.
Any interaction, correspondence and communication of the Users / Visitors relating to the offer to fulfil specific wishes may not contain any attributes of a commercial offer / commerce for products or services otherwise the Provider may proceed as stated in the previous paragraph and that even if these lack the content prohibited under this Section.
The nature, form and scope of Services are determined exclusively by application functions available via the Website at the moment given. It is recommended to become familiar with the function of any application prior to its use. The tab “FAQ” (frequently asked questions) on the Website serves for this purpose. If there is anything not clear for the User or the Visitor after studying the “FAQ” site, it is necessary to contact the Provider. The User or the Visitor is solely responsible for the damages caused by ill-considered or uninformed use of the Website or Services.
Due to on-going technical and technological developments in the area of Internet applications, the Provider shall not guarantee providing of the Services in the same scope. The User and the Visitor acknowledge and agree that the nature, form and scope of the Website and Services may be changed at any given time without any prior notice and permission, and also, these may be temporarily unavailable due to breakdowns, maintenance, modifications, improvement or any other reason.
The Provider may limit or cancel providing of the Services in whole or partially in their sole discretion, or limit or cancel providing of Services to a certain User or Visitor and that without their consent.
The Services use so-called “cookies”, small data files located in the Users´ computers or any other devices used for connecting to the Service. Unless the User decides to use the cookies, it is necessary to turn them off in the browser. However, in such case, it is possible that some of the Service functions may not work properly. For this reason, the Provider shall not bear any responsibility for any possible damage or caused by misusing data by any third party.
The User and the Visitor shall be obliged not to:
If this happens, the Visitor or the User shall be responsible to the Provider or any other damaged person for any damages in full.
When using the Services of an Application, there will be a single or on-going mutual interaction among the Users and Visitors resulting in direct or indirect offers to fulfil wishes, intermediating or providing contacts, making information and personal data available, providing or intermediating consultancies / recommendations / opinions / comments / suggestions, etc. Through the Services, the Provider provides the Users and Visitors with an area for their mutual interactions and agreements; however, not to creditors / intermediaries or executors of individual wishes, offers, etc., therefore it is not possible to request providing the services requested – such case is considered to be a circumstance excluding the Provider´s responsibility pursuant to Section 8 of these Terms and Conditions.
The Visitor / User agrees and acknowledges that he/she is responsible to full extent for his/her personal, contact and any other data, including data of his/her relatives and any other persons, provided or made available by him/her.
The mutual communication and correspondence of the Users / Visitors, including sending, receiving, refusing individual offers and messages, shall not be considered for post services subject to the postal secret.
The Provider shall be entitled, but not obliged, to address the interaction cases of the Users / Visitors resulting in unsolicited post / data (spam) or conflict (flamewar), and that by erasing, temporary break or terminating the access from the User Account given or by any other chosen measures (notification, warning, etc.). In case of blocking /deleting the messages containing spam / flamewar, neither the sender nor the addressee of the spam shall be entitled to any claims, renewal, correction, maintaining, and additional reasoning. Usually, the Provider shall proceed at his/her own discretion; usually based on his/her own initiation.
The Provider shall reserve the right to monitor as well as evaluate individual messages, data of the User / Visitor with regards to the fact they do not oppose commercial and any other interests of the Provider or standards, principles and rules anchored in these Terms and Conditions, followed by the right to delete or limit the unsuitable content of these messages / data in whole or partially, including annoying by offers evaluated as commercial by the Provider.
The Custom Contents may be put by the User on the Server via the Websites as well as made available to be used within and the scope of the Services to any other User or Visitor of the Websites provided that it does not breach any right of any third person, mainly the copyrights to software, texts, photography, audio recordings, videos and any other graphic materials or audio recordings made (e.g. rights to use similarities, privacy protection, honour and good standing protection) or it does not breach any other legal regulations.
The User declares that he/she has secured all necessary permissions, authorizations and licenses to place, make available and publish the Custom Contents on the Server, e.g. the consent of the authors of the photographs, audio recordings, videos and any other graphic materials and persons captured in the photographs, audio recordings or videos, but in certain cases also of other persons, e.g. trademarks owners or art works owners captured in photographs or videos. Unless the above mentioned statement is proved to be true, the User shall be responsible for the damages in full.
All copyrights and any other rights to the Custom Content remain unaffected to the User. By placing the Custom Contents on the Server via the Websites, the User gives their consent to the Provider to free of charge non-exclusive license to use this Custom Content in any way, mainly to store, archive, and modify the Custom Content on the Server, to publish and make the Custom Content available via the Websites. The Custom Content to which the User provides access free of charge to any other User and Visitor of the Websites, may be used by the Provider in any way to promote and present the Websites and Services. The License is given by the User for the whole territory of the world without any quantitative restrictions and for the whole period of copyright protection of the Custom Content given. The Provider shall not be obliged to use the License. The Provider shall be entitled to sublicense it to any third person and to transfer the License to any third person, with what the user agrees by accepting these Terms and Conditions.
Hereby, by setting the possibility of accessing the Custom Content in the User Account so that this Custom Content is available to any other person – Users and Visitors, the User grants to these people a free non-exclusive license to use the Custom Content in any way through and within the Services, and that jointly with Strange Content or independently. The User grants the License for the whole territory of the world without any quantitative limitation and for the whole period of the copyright protection of the Custom Content. Other Users and Visitors are not obliged to return the License.
The User agrees that by placing the Custom Content on the Server on behalf of other Users or Visitors via the functions and modules of the Services and by setting such Content available, the User grants the license to these users or Visitors to use such Custom Content within the scope and in the manner within the Services.
Within the License, the User gives the Provider and other Users the right to change, process (including translating), join the Custom Content with Strange Content and to include it in packages of works, mainly to change its size and format resolutions of photographs, videos or any other materials available, to modify individual photographs and to make any other modifications necessary to include the Custom Content in the Strange Content.
This applies only if the Custom Content is to be processed or used on the Websites within the Services provided.
Any other disposition of the Custom Content among individual Users, thus its disposal out of the scope of the Services provided on the Website shall be governed by the contractual relationships between the Users given. The License does not apply to such relationships under this Section.
The User declares and guarantees that the Provider and other Users are not required to state the name of the author when using their Custom Content and if the author of the Custom Content is somebody else that the User given, the author permitted not using their name with the following use of such Custom Content.
The User as the person determining the manner and purpose of processing Personal Data shall bear the responsibility for fulfilling obligations arising from the applicable regulations on privacy protection if the Personal Data are part of the Custom Content located or made available. By publishing the Custom Content on the Server, the User authorizes the Provider to process the Personal Data which are part of the Custom Content within and to the extent arising from the nature, form and scope of the Services and setting chosen by the User for the access of any other User and Visitor of the Websites to the Custom Content given.
Even thought, the Provider always makes all reasonable effort to protect the Server against data loss and unauthorized access in a way corresponding with protection according to the recent state of relevant procedures and technologies, the User acknowledges that the Provider shall not be responsible for any accidental damage or destruction of the Custom Content or that any unauthorized person became familiar with the Custom Content. Hereby, the User is advised to secure one backup copy, at least, of the Custom Content. If the User has a vital interest to maintain confidentiality of certain materials, then the Provider recommends not publishing such material as a Custom Content on the Server. The Server does not serve as data storage for backup but it should help the Purpose given. Therefore, the Provider shall not bear any responsibility for losing, damaging or destroying any of the User’s Custom Content in accordance with the above mentioned. This shall also apply to the Contents.
At their own discretion, the Provider shall be entitled to delete and disable the Content, mainly if they suspect that its publishing violates the rights of any other person, is contrary to applicable law, to good morals or business policy of the Provider. In particular, it may be a pornographic material, content insulting any nation, race, ethnic group or any other group of people; giving rise to hatred of any nation, race, ethnic group, religion, class or any other group of people or to restricting the rights and freedoms of their members; then content toward supporting and promoting movements aimed at suppressing human rights and freedoms; content infringing the copyright and intellectual property right; content breaching the right to personal protection and privacy protection.
The Provider provides the Services in accordance with the Purpose, therefore they shall be entitled; however not obliged to, evaluate the Contents or search for facts, actively, proving illegality or inappropriateness of the Contents. The Provider shall not be responsible for damages or any other harm if the Custom Content published is burdened with any rights of any third person.
The Proprietary Content is a content owned or licensed by the Provider and subject of copyrights, rights of database maker, rights to trademarks and any other intellectual property rights of the Provider or any other relevant holders of such rights. Such content may not be downloaded, copied, distributed, transferred, transmitted or published in any other way to public, sold, licensed or otherwise disposed of without prior written consent and license of the Provider or any other relevant holder of such rights.
The User or the Visitor shall be entitled to use the Proprietary Content only to the extent and in the manner enabled by the functions of the Services.
The User or the Visitor undertake not to dispose of the Proprietary Content in any other way than determined by the Provider in the functions of the Services or as made accessible, mainly by making copies in a way not being a part of the Services.
Hereby, the User acknowledges that the existence of the User Account is subject to and depends on the existence of the User Account within the Facebook service. Therefore, the User Account may be terminated, thus the User looses permanently the right to have the Services provided including the possibility of the access to the Contents on the Website intended for the Users only.
The Provider shall not review the disputes between the Facebook Service Provider and the User the subject of which is the entitlement of terminating the User Account by the Facebook Service Provider.
The User acknowledges that any Custom Content published by them may be deleted by the Provider following such User Account termination regardless of any new renewal of the same registration data by the Facebook Service Provider.
By terminating the User Account, the Custom Content ceases to be available to any other user and Visitor of the Website. Those parts or the whole Custom Content included by the other Users in their Content based on a License granted shall remain available to the other Users as a part of the Content of these Users only. The License to use the Custom Content granted by the User terminating their User Account shall remain valid without any changes unless provided otherwise in these Terms and Conditions.
The Provider shall be entitled to terminate the User Account also in spite of the existence of the User’s Account on the website of the Facebook Service Provider if
The circumstances excluding Provider’s liability include any obstacle occurred independently of the Provider’s will preventing them from fulfilling the obligations declared and it cannot be reasonable assumed that such obstacle or its consequences could have been avoided or overcome by the Provider had the Provider predicted it at the time of the commitment declared.
For the purposes of these Terms and Conditions, such circumstances include in particular:
The circumstances given do not apply to damages caused to the User or Visitor.
The User and the Visitor agree that the Provider shall not be responsible for damages and lost profit of the User or the Visitor resulting mainly from contractual relationships with third persons the Provider was not aware of or could not have known or in the fulfilment of which the Provider does not have any legal or commercial interest.
The User and the Visitor agree that the circumstances excluding the Provider’s liability for damages under this Article shall apply regardless the fact if the Provider has been advised of the possibility of damage or the Provider should have been aware of such possibility
When logging in the User Account, the he User of the Services enters login data via the Facebook Social Network. The Provider cooperates with the Facebook Social Network via the Facebook Connect function. With this feature, it is possible to login to the Website via the login data for the Facebook Social Network. Subject to User’s consent, the Service shall take some of the data and other materials the User entered previously to the Facebook service and these data will become a part of the data entered by the User to the Service within their utilization of this Service.
Within the above mentioned logging, the User makes the information on their person administered available to the providers of the Facebook service according to the Provider’s will. Such data disclosed include e.g. the User’s name and possibly surname, e-mail address, country where the User stays, photographs, posts, gender and any other data marked as public (hereinafter referred to as the “Shared Data”). The scope of the Shared Data is governed by the relationship between the User and the Facebook service provider. The Shared Data may include the User’s Personal Data.
The Shared Data will be used by the Provider solely pursuant to the Purpose and shall not be provided to any third person. The User gives consent to the Provider to use the Share Data for any future communication between the Provider and the User including advertising and other offers, etc., and that also after terminating the Services.
The Provider may address the User via messages sent within the Services with the notice of operational nature (e.g. advice of current events within the Services, the latest news or functions of the Services). Such messages may be sent to the User’s e-mail address.
Some of the data shared or added later on, thus data enabling to add the Shared Data within the Services, e.g. individual wishes, shall be available and visible to other Users and non-registered Visitors of the Website. Such data include: first name and wish (for more details, please, refer to the “How” and “About” tab). These data are available to search servers and thus may be a subject of searching after entering relevant key words (e.g. User’s name).
In the Service functions, within their User Account, the User may add the Shared data of any additional information and to set the scope of sharing according to functions available for the Visitors and Users.
During the use of the Services, the User may enter any additional information. If this arises directly from the way of using a specific Service or if such possibility is chosen by the User, this information shall be available to the other Users of the Services. This includes particularly the cases of Users interaction, Visitors comments, posts, etc. Then, it includes information on the User based on which the User searches for other Users, or information facilitating the Services in accordance with the Purpose, such as geographic location data for a particular wish or a person, or information on events or actions the User participated in.
The information on the User can be entered to the Service in different ways which may not be clear to the User at first. One of the ways how to enter the data is to upload the file to the Service (e.g. a photograph) containing so-called metadata, i.e. an information file relating to parameters of the data file given (e.g. date of creating, author, device used for creating the file, its settings, editing date, etc.). Unless the User wishes to enter such data to the Service, then it is necessary the User removed such data from the file prior saving.
The Provider’s Website and Server contain information on User’s activity within the Services, e.g. time spent by using the Services, information on data and files saved, technical information such as User’s IP address, used operating system or Internet browser, etc. For the purposes of these Terms and Conditions, these data are also considered for data entered to the Services by the User.
All data provided, shared or added to the User Account within the Service are deemed to be the User’s Personal Data if such data themselves identify or may identify in mutual combination a certain natural person.
Hereby, the User grants explicit consent to the Provider to process their Personal Data documented pursuant to Section 9.1 hereof, and that for the purposes of securing the Services. The primary purpose of collecting and processing Users´ Personal Data is a due and problem-free operation of the Services pursuant to the Purpose, in particular to intermediate the interaction among the Service Users, to enter personal wishes of Users, their search, displaying, sharing, displaying, evaluation, etc. Then, the Provider may use the Personal Data also for mutual electronic communication with the User pursuant to third paragraph of the Section 9.1.
Processing User’s Personal Data occurs when providing for the technical part of the operation of the Service, thus mainly by saving the User’s Personal Data on information media, their transfer via communication networks, archiving, sorting, modifying, searching, blocking, disposal and any other processing or publishing via the IT capacity of the operator or any third party authorized by the operator, and personal data provided for this purposes by the User.
The User’s consent to process their Personal Data applies to all methods of processing and transmitting their Personal Data to any third party (from the EU and also outside the EU). Also, the consent applies to personal data transmission to a third country (in the EU and also outside the EU) where they are to be processed by the operator (e.g. when providing the operation of the Services via servers located in the USA and elsewhere).
Within the Services, the User may be offered businesses and services of various natures via advertising as stated in Section 9.1. Choosing the advertising displayed to the User may be done based on an evaluation of certain criteria and information implying from the User’s Personal Data provided. Such advertising may the sent to the User’s e-mail address.
The User agrees that for the purposes of offering business, services, advertising and messages, the User’s Personal Data or Shared Data may be provided to third persons independent of the Provider (from the EU and also outside the EU). However, the User’s name and surname, their specific address, date of birth, photographs and audio-visual recordings shall not be provided. For this purpose, the User gives their consent to have commercial notices sent, and that by the Provider or any third person the Provider disclosed the User’s Personal Data or Shared Data, while this consent applies to all types of commercial notices regardless the fact if sent via the Services or via the User’s e-mail address.
The Provider shall make their best effort to prevent the Personal Data to be abused. However, the Provider shall not bear any responsibility for attacks against the device via which the Services are operated and which could result in the Personal Data leakage. The Provider shall not be responsible for misusing the Personal Data by other Users of the Services or other users of the Internet to whom such Personal Data are to be disclosed.
Then, the Provider shall not be responsible for correctness or accuracy of User’s Personal Data stored on the Server. The User shall be responsible for correctness and accuracy of Personal Data located on the Server.
If the Provider finds that the User misused identity of any other person, the Provider reserves the right to block the relevant User Account and to inform the relevant governing authorities of such abuse. Similarly, the Provider will proceed if they find that the User breaches the law of the Slovak Republic when using the Services.
The Provider or any third person, the Personal Data are provided to pursuant to the preceding provisions of these Rules, shall proceed the Personal Data in automatic or manual way. Providing the Personal Data is voluntarily. The User is entitled to access their Personal Data and to correct them. If the User believes their Personal Data are processed contrary to their interests or law, mainly if they are inaccurate, the User may request the Provider for an explanation.
The consent to process the User’s Personal Data is given for an indefinite period of time and may be revoked at any time. Withdrawal of the consent while providing the Services may result in cancellation of the User Account of the User by the Provider. In such case, the User shall not be entitled to Service renewal.
Agreement on Choice of Law: The User and Visitor agree that the contractual relationship established by these Terms and Conditions, User Account registration and any use of the Websites and Services shall be governed solely by the law of the Slovak Republic.
Any possible dispute between the User or Visitor and the Provider related to using the Websites and Services shall be settled amicably by a mutual agreement. Failing to reach such agreement, the disputes related to using the Websites and Services shall be solved solely by the relevant Slovak Court.
Nothing what is stated in these Terms and Conditions shall influence the right of the User to refer to any other competent court provided that the User acts as a consumer in relation to the Provider and this right is recognized by relevant legal regulations.
The Provider shall be entitled to change and amend these Terms and Conditions unilaterally. The User shall be informed of such change or amendments either at first login to the Websites via the User Account or by a public announcement appearing on the Website following such change in the Terms or Conditions.
These Terms and Conditions shall come into force and effect on July 1, 2013.