Terms of Use

1. The operator of the www.rajce.idnes.cz internet service, its variants and computer utility programs (hereinafter "Rajče" or the "Service") is MAFRA, a.s., with its registered office at Karla Engliše 519/11, Prague 5, postal code 150 00, Comp. Reg. No.: 453 13 351, Tax Id. No.: CZ45313351, entered in the Commercial Register kept by the Municipal Court in Prague, Section B, Insert No. 1328 (hereinafter referred to as the “Operator”).

2. To enter or use certain parts of the Rajče website and Rajče services, registration (account creation) is required; a visitor to the Rajče website (hereinafter also referred to as the "User") who does not (yet) intend to use these websites or services may also register. The user agrees to the use of means of distance communication when entering into a contract for the provision of services. The costs incurred by the User in the use of means of distance communication in connection with the registration (e.g. the cost of an Internet connection) will be borne by the User under his or her contracts with the providers of his or her services.

3. The Operator reserves the right to request the provision of other data at any time in the future and without their communication reserves the right to cancel the existing registration and/or to not allow access to those sites/services that require registration, or registration using certain data.

4. The User acknowledges that the Operator is not obliged to enter into a contract for the provision of the Service (the Operator may refuse to register the User), including without limitation with those who have previously materially breached the Terms of Use. To this end, the Operator will keep records of such persons to the extent necessary.

5. The User is obliged to provide true and complete data during registration.

6. The registration form is used for registration and is available on the Terms of Use page, including the instructions for completing and submitting it.

7. Registration is free.

8. The User’s consent to the established Terms of Use is confirmed when a User creates an account by clicking on the appropriate button.

9. The Operator enables the User to store, process and share the content of the pages stored by the User (including without limitation photographs, images, texts, videos), i.e. it provides the User with information society intermediation services to the extent of Section 5 of Act No. 480/2004 Coll., on certain Information Society Services and on Amendments to some Acts (the Act on Certain Information Society Services), as amended (hereinafter referred to as “Act No. 480/2004 Coll.”). The User is fully responsible for the content stored within the Service.

10. The User stores his or her content on Rajče in albums which can consist of 1 to 1,000 content items. When creating an album, the User is entitled to choose the mode of its display on Rajče, either a) public mode when the album is accessible to everyone, b) private mode when the album is accessible only to the User who has created the album and to other Users invited by this User, c) private mode with access via link when the album is accessible only after entering specially generated link specified by the User who has created the album, and d) 18+ mode when the album is accessible only to those who confirm that he or she is at least 18 years old. The User is entitled to change the display mode of the stored album at any time.

11. The Operator reserves the right to include an album that contains content not suitable for minors (especially erotic content) in the 18+ display mode.

12. The User hereby declares to the Operator that he or she will not use Rajče for business activities without the Operator’s prior written consent. It is not allowed to place content including commercial communication (advertising) on Rajče. The User may not send any unsolicited commercial communications within the Service. Within the Service, the User may not send information that is strikingly reminiscent of third-party services or applications in order to confuse or mislead Internet users (phishing, etc.). The User may not spread any computer viruses and other malicious software and content within the Service. The User may not engage in any activity aimed at disabling or restricting the operation of the Service or perform any other attacks on the server on which the Service is operated, nor may he or she assist a third party in such an activity. The User may not use the user account and the Service in a way that would restrict the use of the Service by other users or otherwise restrict the provision of the Service. The User may not, including without limitation, burden the server on which the Service is operated with automated requests.

13. It is not allowed to place content on Rajče that violates generally binding laws and regulations (e.g. the Charter of Rights and Freedoms, the Constitution and other laws of the Czech Republic and the European Union) and good morals. The foregoing includes, but is not limited to, the prohibition of storage content:
    a) that has a pornographic character,
    b) that incites violence or hatred directed against a group of persons or a member of a group due to gender, race, color, ethnic or social origin, genetic features, citizenship, language, religious confession or belief, political or other opinions, membership of a national minority, property, birth, gender, disability, age or sexual orientation,
    c) the dissemination of which is a criminal offence, in particular public incitement to commit a terrorist offense (see e.g. the offense of "Support and promotion of terrorism" according to § 312e of the Criminal Code), offenses relating to child pornography (see e.g. the offense of "Production and other handling of child pornography" according to Section 192 of the Criminal Code) and crimes related to racism and xenophobia (see e.g. the crime of "Inciting hatred towards a group of persons or restricting their rights and freedoms" according to Section 356 of the Criminal Code).

14. The User further agrees and undertakes to ensure to place on Rajče only such content of which he or she is the author or whose author has given the User his or her consent to its access through the Service (the User is obliged to prove this fact to the Operator upon request). At the moment of placing the content on Rajče, the User grants the Operator, in order to fulfill the conditions set out in Article 17 of Directive 2019/790/EU (and § 47 of Act No. 121/2000 Coll., Copyright Act), free of charge permission to communicate such content to the public via Rajče in such a way that members of the public may access it from a place and at a time individually chosen by them. Permission is thus granted by the User on the basis of copyright, or rights related to copyright
    a) as non-exclusive,
    b) for the period during which such content will be stored by the User on Rajče,
    c) for the territory of the whole world, with the fact that the content will be made available by the Operator only through Rajče. The User declares to the Operator that placing and making such content available through Rajče will not unjustifiably affect the copyrights of third parties or the other rights and legitimate interests of third parties (e.g. a natural person’s right to protect themselves). The User undertakes that in the event that the content stored by him in the Service is removed for violation of the Terms of Use or violation of legal regulations, he will not re-store such content within the Service.

15. In accordance with Regulation (EU) No. 2021/784 of April 9, 2021, on addressing the dissemination of terrorist content online, we hereby inform the User that - in addition to the other restrictions stated in these Terms of Use - it is prohibited to disseminate terrorist content in any way through our service content. This content means material that:
    a) incites the commission of one of the offences referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541, where such material, directly or indirectly, such as by the glorification of terrorist acts, advocates the commission of terrorist offences, thereby causing a danger that one or more such offences may be committed
    b) solicits a person or a group of persons to commit or contribute to the commission of one of the offences referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541
    c) solicits a person or a group of persons to participate in the activities of a terrorist group, within the meaning of point (b) of Article 4 of Directive (EU) 2017/541;

    d) provides instruction on the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or on other specific methods or techniques for the purpose of committing or contributing to the commission of one of the terrorist offences referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541
    e) constitutes a threat to commit one of the offences referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541. Considering the nature of our service and the current risks, no special measures are taken to combat terrorist content, including the use of automated tools. In the event that content erroneously labeled as terrorist is removed from our service or access to it is disabled without authorization, the user who shared such content may file a complaint regarding the removal or disablement of such content, requesting its restoration or re-enablement of access to it either by contacting the administrators of our service or centrally by e-mail: pravni@mafra.cz, tel. 225063129. Please note that according to Article 4, paragraph 4 of Regulation (EU) No. 2021/784, users are entitled to 48 hours after receiving the information in accordance with Article 11, paragraph 2 of this regulation, submit to the competent authority of the Member State in which our company has its main place of business (i.e. the competent authority of the Czech Republic) a reasoned request for a review of the removal order (in the sense of paragraph 3 of the first subparagraph of this article).

16. Any content featuring nude people, especially those under the age of 18, or content of erotic character is only permitted to be placed on Rajče in private albums; the other provisions of these Terms of Use, including without limitation the ban on placing pornographic content or content unlawfully infringing on the right of third parties to protect themselves, remain unaffected in such a case. For distinction between pornography and erotica you can use, for example, the definition on Wikipedia or the analysis of the Council for radio and television broadcasting.

17. To the extent specified in Section 5 of Act No. 480/2004 Coll. and in accordance with this provision, the Operator is not responsible for the activities of the Users of its Service. The Operator is entitled (but not obliged) to perform preventive controls of the content stored or distributed by the User within the Service. In the event that the content could violate these Terms of Use, generally binding laws and regulations or good morals, or if it was contrary to the Operator’s interests, the Operator is entitled to delete such information or prevent its dissemination or terminate the provision of such a Service to the User. In the event that any third party exercises its rights against the Operator in connection with the storage or distribution of information stored or distributed by the User within the Service, the Operator is entitled to immediately remove the content stored or distributed by the User within the Service or report such defective content to the competent authorities of the public administration.

18. If the Operator suspects that the content of information stored and made available by the User on Rajče is illegal, or unjustifiably interferes with the rights of third parties, the Operator is entitled to remove such content or temporarily or permanently make the relevant information inaccessible and terminate the provision of the Services to that User, or report such defective content to the competent authorities of the public administration.

19. The volume of stored, processed and operated content is limited to the size of the allocated disk space according to the Rajče parameters set by the Operator.

20. The Operator is entitled to temporarily or permanently change the parameters and manner of use of Rajče without prior notice.

21. The Operator is in no way responsible for the loss of User data. data. The Service does not serve as a secure data repository, and Users are advised to back up uploaded content in a secure location.

22. The Operator is entitled to unilaterally terminate the provision of the Service to the User by notice sent to the User at the address of his or her e-mail, while the notice period is 5 days from the date of sending. In the event of termination due to a violation of these Terms of Use, the Service may be terminated or made temporarily inaccessible without further notice, without the User having to be informed in advance. The User can cancel his or her account on Rajče at any time.

23. The contractual relations between the Operator and the User are governed by Czech law. The Operator is authorized to conduct its business under a trade license. The trade license inspection is performed by the relevant trade license office within its competence.

24. Under Act No. 624/1992 Coll., those Users who are consumers have the right to an out-of-court settlement of a consumer dispute under a relevant contract. In the event that a consumer dispute arises between the Operator and the consumer under a contract for the provision of services and which cannot be settled by mutual agreement, the consumer may submit a proposal for an out-of-court settlement of such a dispute to a designated out-of-court settlement body for consumer disputes, which is: Česká obchodní inspekce (Czech Trade Inspection Authority), Ústřední inspektorát - oddělení ADR (Central Inspectorate - ADR Department), Štěpánská 15, 120 00 Praha 2, Email: adr@coi.cz, Web: adr.coi.cz. The consumer can also use the online dispute resolution platform set up by the European Commission at: http://ec.europa.eu/consumers/odr/.

25. The Operator is entitled to change these Terms of Use and individual visiting orders, and such changes are binding for Users of/visitors to Rajče from the moment of their publication or from another moment specified by the Operator.