General Terms of Use
of services provided by Biano s.r.o. (among other places) at the website (URL) www.biano.cz (hereinafter referred to as the “Terms”)
1. General terms of use
1.1. These Terms contain the basic rights and obligations of the Provider and the User. The Privacy and Cookies Policy forms an integral part of these Terms.
1.2. Biano s.r.o. operates the Biano.cz platform (accessible to Users primarily through the website located at the address (URL) www.biano.cz), through which Biano s.r.o., as the Service Provider, (i) makes content available to the User focused primarily on interior and exterior design; and (ii) provides other related services to Users according to the Provider's current range of services on the Portal (as defined below).
1.3. These Terms govern the rights and obligations of Users in connection with the use of the Provider's Services, as well as other related legal relationships.
1.4. For the purposes of these Terms, the following terms have the meanings set out below:
1.4.1. “Copyright Act” means Act No. 121/2000 Coll., on Copyright, Rights Related to Copyright and on Amendments to Certain Acts (the Copyright Act), as amended;
1.4.2. “E-shop” has the meaning set out in Article 2.3.4. of these Terms;
1.4.3. “Visitor” has the meaning set out in Article 2.3.1. of these Terms;
1.4.4. “Civil Code” means Act No. 89/2012 Coll., the Civil Code, as amended;
1.4.5. “Notice” has the meaning set out in Article 4.11. of these Terms;
1.4.6. “Terms” means the integral and binding set of these General Contractual Terms of Use and the Privacy and Cookies Policy;
1.4.7. “Portal” means the website located at the address (URL) www.biano.cz;
1.4.8. The “Provider” of Services on the Portal is Biano s.r.o., company registration number 041 46 905, with its registered office at Mrštíkova 399/2a, Liberec III-Jeřáb, 460 07 Liberec, acting in the course of its commercial or other business activities;
1.4.9. “Professional” has the meaning set out in Article 2.3.3. of these Terms;
1.4.10. “Registered Visitor” has the meaning set out in Article 2.3.2. of these Terms;
1.4.11. “Service (Services)” means the set of services provided by the Provider to the User, which include (i) making content focused primarily on interior and exterior design available to Users, and (ii) other related services;
1.4.12. “Service Agreement” means the contractual relationship established upon registration between the Provider and the User, the subject of which is the use of the Services;
1.4.13. “User” means any natural or legal person who uses the Provider's Services, regardless of whether they are a Visitor, Registered Visitor, Professional or E-shop;
1.4.14. “User Content” means content provided on the Portal by Users and available through the Portal. User Content does not constitute personal data;
1.4.15. “Act on Certain Information Society Services” means Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (the Act on Certain Information Society Services), as amended.
2. Users
2.1. By accessing the Portal or otherwise using the Portal and/or the Services, you become a User. The User must familiarize themselves with these Terms.
2.2. By accessing the Portal and by any use of the Portal and the Services, you agree, as a User, to these Terms and undertake to comply with the rules set out herein, including all rules and other terms to which these Terms refer. If the User does not agree to these Terms, they are not entitled to use the Portal or the Services.
2.3. The following categories of Users may use the Services:
2.3.1. A “Visitor”, meaning a User who has access on the Portal to content posted by other Users but cannot present the results of their work (hereinafter referred to as a “Visitor”);
2.3.2. A “Registered Visitor”, meaning a User who has access on the Portal to content posted by other Users and may present the results of their work, primarily in the field of interior and exterior design, to other Users (hereinafter referred to as a “Registered Visitor”);
2.3.3. A “Professional”, meaning a User who, as an entrepreneur authorized to carry out such activities, presents and offers their services on the Portal, focused primarily on interior and exterior design (hereinafter referred to as a “Professional”);
2.3.4. An “E-shop” (or its operator), meaning a User who, in the course of their business activities or independent professional practice, among other things, offers and sells goods related to interior and exterior design and presents such goods to other Users on the Portal (hereinafter referred to as an “E-shop”)
(Visitors, Registered Visitors, Professionals and E-shops are hereinafter collectively referred to as “Users”)
2.4. A Visitor:
2.4.1. does not have to register to use the Services;
2.4.2. is not entitled to post any User Content on the Portal (including photographs, photograph descriptions, contributions to discussion forums and the like);
2.4.3. when using the Service, acts outside the scope of their business activities or independent professional practice (and is therefore not an entrepreneur within the meaning of the Civil Code);
2.4.4. has the other rights and obligations set out in these Terms, in particular the Visitor's rights and obligations under Article 3.2.1. of these Terms.
2.5. A Registered Visitor:
2.5.1. must register to use the Services;
2.5.2. is entitled to post User Content on the Portal in accordance with these Terms;
2.5.3. is entitled to present the results of their work to other Users but is not entitled to offer their services through the Portal;
2.5.4. when using the Service, acts outside the scope of their business activities or independent professional practice (and is therefore not an entrepreneur within the meaning of the Civil Code);
2.5.5. has the other rights and obligations set out in these Terms, in particular the Registered Visitor's rights and obligations under Articles 3.2.2. of these Terms.
2.6. A Professional:
2.6.1. must register to use the Service;
2.6.2. is entitled to post User Content on the Portal in accordance with these Terms;
2.6.3. is entitled to present the results of their work and offer their services to other Users;
2.6.4. when using the Service, acts in the course of their business activities or independent professional practice (and is therefore an entrepreneur within the meaning of the Civil Code);
2.6.5. has the other rights and obligations set out in these Terms, in particular the Professional's rights and obligations under Article 3.2.3. of these Terms.
2.7. An E-shop:
2.7.1. must register to use the Services;
2.7.2. is entitled to post User Content on the Portal in accordance with these Terms;
2.7.3. is entitled to present to other Users, on the Portal, its goods related to interior and exterior design that are displayed as part of User Content;
2.7.4. when using the Service, acts in the course of its business activities or independent professional practice (and is therefore an entrepreneur within the meaning of the Civil Code)
2.7.5. has the other rights and obligations set out in these Terms, in particular the E-shop's rights and obligations under Article 3.2.4. of these Terms.
3. Services provided
3.1. The Provider enables the User to use the following Services through the Portal:
3.1.1. access to content focused primarily on interior and exterior design that is posted on the Portal by other Users (in particular photographs, images, descriptions, other information and the like);
3.1.2. the ability to post their own content on the Portal focused primarily on interior and exterior design (in particular photographs, images, descriptions, other information and the like);
3.1.3. the ability to contribute to Users' discussion forums;
3.1.4. the ability to search for and contact Professionals who present their services on the Portal, focused primarily on advice in the field of interior and exterior design;
3.1.5. the ability to present (depending on the User's category) their services focused primarily on advice in the field of interior and exterior design to other Users through the Portal;
3.1.6. the ability to receive information relating to E-shops' goods that are related to interior and exterior design and are presented on the Portal;
3.1.7. the ability to present (depending on the User's category) their goods that are related to interior and exterior design and are displayed as part of User Content on the Portal to other Users through the Portal;
3.1.8. other services available according to the Provider's current range of services.
(hereinafter referred to as the “Service” or “Services”)
3.2. The Services offered by the Provider through the Portal differ according to the type of User using the Services.
3.2.1. A Visitor is entitled to use the Services listed in Articles 3.1.1., 3.1.4. and 3.1.6. of these Terms;
3.2.2. A Registered Visitor is entitled to use the Services listed in Articles 3.1.1. to 3.1.4. and 3.1.6. of these Terms.
3.2.3. A Professional is entitled to use the Services listed in Articles 3.1.1. to 3.1.6. of these Terms;
3.2.4. An E-shop is entitled to use the Services listed in Articles 3.1.1. to 3.1.7. of these Terms.
3.3. Unless otherwise provided in these Terms, use of the Services is free of charge. However, the User bears the costs incurred in connection with using the Services and accessing and using the Portal (for example, internet connection costs).
3.4. The provisions of Article 3.3. of these Terms do not affect the Provider's right (i) to change and/or expand the range of services offered on the Portal to certain categories of Users by adding paid services, or (ii) to receive remuneration from an E-shop agreed under a separate agreement.
3.5. The Provider is entitled to reserve the provision of a particular type of Services or a particular combination of Services for selected groups of Users according to the Provider's current range of Services.
4. User Content
4.1. Unless otherwise provided in these Terms, all content available through the Services (except for the Provider's Portal itself) is provided on the Portal by Users and therefore constitutes User Content. User Content includes, in particular, all photographs, photograph descriptions, user discussions and information relating to E-shops' goods presented on the Portal.
4.2. Each User (and that User alone) is responsible for the User Content they post on the Portal. The User declares that they are entitled to post the User Content on the Portal. The User acknowledges and agrees that they are fully responsible for ensuring that the User Content they provide complies fully with these Terms and generally binding legislation, as well as with the rights and legally protected interests of the Provider, other Users and/or third parties. In particular, the User must not:
4.2.1. infringe third parties' copyright, rights related to copyright or other intellectual property rights by posting User Content;
4.2.2. post User Content on the Portal that contains erotic and/or pornographic material, depicts animal cruelty, incites or approves a criminal offence, incites hatred against a group of persons or the restriction of their rights and freedoms, incites the suppression of human rights and freedoms, or supports or promotes a movement aimed at doing so, or any other User Content that is or may be contrary to generally binding legislation;
4.2.3. include in User Content false information capable of significantly jeopardizing another person's standing among their fellow citizens, in particular damaging them in their employment, disrupting their family relationships or causing them other serious harm;
4.2.4. damage the Provider's good name and/or reputation by posting User Content;
4.2.5. promote, by posting User Content, an entrepreneur who competes with the Provider, or that entrepreneur's goods and/or services;
4.2.6. distribute harmful files and/or information (for example, any computer programs intended to damage a computer system);
4.2.7. post internet links or other links on the Portal that redirect the User to third-party websites containing content that must not be posted on the Portal under Articles 4.2.1. to 4.2.6. of these Terms.
4.3. Furthermore, the User is not entitled to:
4.3.1. post on the Portal or send to other Users unsolicited commercial communications (“spam”);
4.3.2. post on the Portal any advertising of their own (unless otherwise provided in these Terms or the Provider's current range of Services on the Portal) or third-party advertising.
4.4. The User is entitled to (i) delete User Content they have provided if it consists of visual content (primarily photographs), and (ii) delete and edit User Content if it consists of textual content (primarily contributions to user discussions, photograph descriptions and the like).
4.5. The Provider does not exercise any control over User Content or analyze it. In relation to User Content stored on the Portal by Users, the Provider acts as an information society service provider under Section 5 of the Act on Certain Information Society Services and is not responsible for the content of information stored or published by Users (User Content), unless otherwise provided by the Act on Certain Information Society Services.
The Provider is not obliged to monitor the content of information it transmits or stores, or to actively seek facts or circumstances indicating unlawful content. The User further declares and warrants that, if User Content includes likenesses of any persons, the User has all consents and permissions from those persons for the capture, publication and dissemination of their likenesses under Section 80 et seq. of the Civil Code.
4.6. At the User's request, the Provider is entitled to categorize User Content posted on the Portal by the User and to change the classification of User Content within categories. The activities described in the preceding sentence do not constitute control, analysis, categorization or other interference with User Content by the Provider.
4.7. The User hereby grants the Provider a licence, unlimited in time and territory, to use all User Content that Users in the Registered Visitor, Professional or E-shop categories provide on the Portal (in particular all photographs, images, designs, visualizations, projects, information, descriptions, procedures, instructions, technical documentation, comments and any other information provided by the User), both in relation to User Content that constitutes a copyrighted work within the meaning of the Copyright Act or other intellectual property of the User and in relation to User Content that is not protected by those rights. The Provider is entitled to use the above User Content in all ways known at the time, in its original form or in a processed or otherwise modified form, individually or as part of a collection or in conjunction with other User Content or other content. The Provider is entitled to grant a licence of the same scope to any third party, including abroad. The licence under this article is granted free of charge, is irrevocable and continues even after the User cancels their registration on the Portal or otherwise ceases to use the Services.
4.8. If the Provider suffers any harm in connection with User Content, the User who posted that User Content on the Portal is responsible for such harm. In such a case, the User undertakes to fully compensate the Provider for all harm suffered.
4.9. The Provider is entitled at any time (and without prior notice) to remove User Content or make it inaccessible if (i) the User Content violates generally binding legislation or these Terms, and/or (ii) the Provider considers it appropriate or necessary, for other reasons and at its discretion, to remove such User Content or make it inaccessible.
4.10. The Provider reserves the right to take the necessary legal action against Users who post User Content on the Portal in violation of generally binding legislation.
4.11. In relation to User Content that violates generally binding legislation or these Terms, the Provider will promptly take all steps that may be required of it to remove such User Content or make it inaccessible after receiving a notice concerning the User Content (hereinafter referred to as a “Notice”), which:
4.11.1. must be delivered to the Provider in writing at the email address info@biano.cz;
4.11.2. must contain, in particular: (i) identification of the person submitting the Notice (including contact details); (ii) precise identification of the User Content that violates generally binding legislation or these Terms; (iii) a statement that the User Content in question violates generally binding legislation or these Terms and an explanation of the reasons for that violation (where copyright infringement is alleged, this must specify, among other things, the copyrighted work concerned, the person authorized to exercise the copyright and evidence of the unauthorized infringement of that person's copyright through publication of the User Content on the Portal); and (iv) other information necessary to assess the offending User Content;
4.11.3. must contain correct, truthful, complete and substantiated information and must be submitted on justified grounds.
4.12. The person submitting the Notice is responsible for the correctness, truthfulness, completeness and substantiation of the information and for the justification for submitting the Notice. If the Notice is not submitted on justified grounds or contains incorrect, untruthful, incomplete or unsubstantiated information, the person submitting it is responsible for any resulting harm suffered by the Provider, another User or any third party.
4.13. If the Notice does not contain at least the particulars required under Article 4.11.2. of these Terms, the Provider need not consider it a duly submitted Notice. In such a case, the Provider is entitled to request additional information from the person submitting the Notice.
5. Rights and obligations of the User
5.1. The User must provide truthful, current and complete information when using the Portal and the Services. When communicating with other Users of the Portal, the User must provide only truthful information and behave and act courteously and respectfully.
5.2. The User declares and warrants to the Provider that:
5.2.1. all information provided to the Provider is complete, accurate, truthful and current;
5.2.2. before starting to use the Portal and the Services, the User has thoroughly familiarized themselves with these Terms, fully understands these Terms and agrees to them;
5.2.3. when using paid Services (or if the range of Services on the Portal is at any time in the future expanded and/or changed to include paid Services for certain categories of Users), a User who is a legal person is represented by a person authorized to act on its behalf, and a User who is a natural person has full legal capacity (in particular with regard to their age) or is represented by a legal representative;
5.3. The User must comply with generally binding legislation and respect the rights of the Provider and third parties when using the Portal and the Services. In particular, the User must not:
5.3.1. use the Portal and the Services in violation of these Terms,
5.3.2. use the Portal and the Services in a manner capable of harming the Provider, other Users and/or third parties;
5.3.3. modify the content of the Portal and/or the system that transmits the Portal to third parties, or otherwise interfere with, jeopardize or disrupt the operation of the Portal and/or such a system;
5.3.4. obtain other Users' personal data;
5.3.5. use mechanisms, software or other procedures that could adversely affect the operation of the Portal. The Portal may be used only to the extent that it does not interfere with the rights of other Users and/or the Provider and in accordance with the Portal's intended purpose.
5.4. The User is responsible for any direct or indirect harm or damage caused by the User's actions (including omissions) in violation of these Terms or generally binding legislation.
6. Service Agreement between the Provider and the User
6.1. Upon registration, the User and the Provider enter into a service agreement under the conditions set out in these Terms.
6.2. The Service Agreement between the User and the Provider is concluded upon completion of the registration process. During the registration process, the User must expressly agree to these Terms, including the Privacy and Cookies Policy. The concluded Agreement will not be stored by the Provider, and the Provider does not provide the User with access to it.
6.3. The Provider's costs of using communications services do not increase the price and are included in it. The User bears their own costs of means of distance communication.
6.4. A registered user is entitled to cancel their registration. User Content provided on the Portal by that User remains available to other Users through the Portal after the User cancels their registration, and the Provider is not obliged to remove such User Content or otherwise make it inaccessible. The licence to use User Content under Article 4.7 of these Terms continues to the same extent after the User cancels their registration.
7. Rights to the Portal
7.1. The Provider owns the Portal.
7.2. The Portal is both a copyrighted work and a database within the meaning of the Copyright Act. The Provider exercises all economic rights relating to the Portal.
7.3. The content of the Portal may not be stored, modified or distributed, and no other economic rights to it may be exercised, unless the Provider has given prior written consent to such action.
8. Consequences of a breach of the Terms
8.1. In the event of a material breach or repeated less serious breaches of these Terms by a particular User, the Provider is entitled to restrict the User's rights and/or the scope of Services provided to the User.
8.2. In the event of a very serious breach or repeated material breaches of these Terms by a particular User (a violation of generally binding legislation and/or posting User Content on the Portal contrary to Article 4.2 of these Terms is also considered a very serious breach), the Provider is entitled to:
8.2.1. restrict the User's rights and/or the scope of Services provided to the User; and/or
8.2.2. prevent the User from accessing the Portal and continuing to use the Services.
9. Exclusion of the Provider's liability
9.1. The Services provided by the Provider to the User are provided “as is”, and the Provider gives the User no warranties regarding the Services or the Portal. In particular, the Provider does not guarantee to the User that:
9.1.1. the Portal and the Services will be available continuously twenty-four hours a day, seven days a week;
9.1.2. the Portal and the Services will be fully functional for the entire period during which the Services are available;
9.1.3. the Portal and the Services will be provided without errors;
9.1.4. User Content will always be available, complete, accurate and correct;
9.1.5. User Content will be backed up within the Portal and will not be damaged, changed or deleted;
9.1.6. User Content does not violate generally binding legislation or the rights or legitimate interests of Users and/or third parties.
9.2. The Provider is not liable to the User for any direct or indirect harm or damage suffered by the User in connection with using the Portal and/or the Services. In particular, the Provider is not liable to the User for any direct or indirect harm or damage caused by:
9.2.1. malfunction, unavailability or poor availability, functionality or speed of the Portal and/or the Services, interruption of operation and/or a failure of the Portal and/or the Services;
9.2.2. accessing and using the Portal and/or the Services;
9.2.3. downloading User Content or other information published on the Portal;
9.2.4. computer viruses;
9.2.5. loss of User Content or other information of the User;
9.2.6. unauthorized access to User Content or other information of the User;
9.2.7. misuse of the Portal and/or the Services by the User and/or third parties;
9.2.8. failure to deliver or store, or loss of, any User Content;
9.2.9. termination of the operation of the Portal and/or the Services.
9.3. The Provider bears no responsibility for User Content and other information available within the Portal that has been provided and/or made available by Users and/or third parties. The Provider is not liable to the User for any direct or indirect harm or damage suffered by the User in connection with accessing or using User Content and/or other information referred to in the preceding sentence. In particular, the Provider does not guarantee that:
9.3.1. User Content and/or other information is complete, accurate, truthful and current;
9.3.2. User Content and/or other information will be available continuously twenty-four hours a day, seven days a week;
9.3.3. User Content and/or other information does not interfere with the personality rights or other rights of third parties.
9.4. Clicking links on the Portal may cause the User to leave the Portal and be redirected to third-party websites. The Provider bears no responsibility for third-party websites referred to in the preceding sentence and is not liable to the User for any direct or indirect harm or damage suffered in connection with them. The Provider recommends that the User familiarize themselves with the terms of use, commercial terms or other terms of the operators of such third-party websites.
10. Final provisions
10.1. The Provider reserves the right to terminate the operation of the Portal and/or the provision of the Services at any time without compensation.
10.2. The Provider reserves the right to restrict or terminate the User's access to the Portal at any time.
10.3. The Provider reserves the right to modify the Portal, the Services provided, their scope and their conditions at any time and in any manner without prior notice to the User. The User acknowledges and agrees that these modifications may affect the functionality of individual Services or may eliminate that functionality entirely. The User is not entitled to compensation for any direct or indirect harm or damage arising from such restriction or cessation of the functionality of the Services provided as a result of such modifications to the Portal or the Services.
10.4. The Provider reserves the right to unilaterally amend or supplement these Terms at any time. The Provider will inform the User of changes to the Terms on the Portal or by another appropriate means so that the User can familiarize themselves with the current wording of the Terms without unreasonable difficulty. The Terms take effect upon their publication on the Portal, provided that, in relation to each individual User, changes take effect only if the User agrees to the changes to the Terms. Continued use of the Portal and the Services by the User after the date designated by the Provider as the effective date of the changes to the Terms is considered consent by the User. If the User does not agree to the changes to the Terms, they must refrain from using the Portal and the Services after the date designated by the Provider as the effective date of the changes to the Terms.
10.5. All legal relationships arising on the basis of or in connection with the Portal and its use are governed by the law of the Czech Republic, regardless of the location from which the Portal was accessed and used.
10.6. The User acknowledges and agrees that the rights and obligations associated with the Portal and/or the Services under these Terms may be transferred to third parties in accordance with generally binding legislation. The transfer or succession of the Provider's rights and obligations does not affect the validity or effectiveness of these Terms.
10.7. If any provision of the Terms is or becomes invalid or ineffective, such invalid provisions will be replaced by provisions whose meaning comes as close as possible to that of the invalid provision. The invalidity or ineffectiveness of any provision does not affect the validity and effectiveness of the other provisions.
10.8. The courts of the Czech Republic have jurisdiction to resolve any disputes between the Provider and the User arising in connection with the User's use of the Portal and/or the Services.
10.9. These Terms take effect on 8 July 2015