Conditions de service  - Last-Memories.com (seulement en anglais )

The website www.last-memories.com and forum.last-memories.com, referred in following sections as "Provider". By using the Provider's service (the "Service"), you accept and agree to be bound by the following terms and conditions (the "Terms of Service"). Nothing in the Terms of Service should be construed to confer any rights to third-party beneficiaries.

Unless explicitly stated otherwise, the Service may be modified or terminated at any time by Provider for any reason, and without notice, without liability to you, any other user of the Service or any third party. Any new features that augment or enhance the current Service shall be subject to the Terms of Service.

2. Changes to Terms of Service
The Terms of Service of this service are subject to update by Provider at any time with or without notice, and you can review the most current version of it online at any time.

3. Registration
When you register for Forum services, you must provide true, accurate and complete registration information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure.

To comply with the Children's Online Privacy Protection Act, at this time Forum services are only available to users who are at least 13 years old. If you are under 13, you may not register to use the Forum services.

4. Use of Content
The content within the Service is protected by copyright and other laws in both the Slovak Republic and elsewhere. The Service includes content owned or controlled by Provider.

Provider authorises you to view content. You may not sell or modify the content of Forum sections or reproduce, display, publicly perform, distribute or otherwise use the content in any way for any public or commercial purpose without the written permission of Provider. Special rules may apply to the use of certain software and other items provided via the Services and are noted where appropriate.

5. Content
Your Responsibilities. You understand that all data, text, information, links and other content (collectively, "Content"), whether posted in public or restricted sections, are the sole responsibility of the person from whom such Content originated. This means that you, and not Provider, are entirely responsible for all Content that you publish, post, upload, distribute, disseminate or otherwise transmit (collectively, "Post") via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Provider be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. You understand that the technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Section Moderators Rights and Responsibilities. Section Moderator have additional capabilities and responsibilities in regard to the members and Content of a Forum section. The Section Moderator decides whether a Forum section is restricted to certain members or accessible to the public generally, and the Moderator may change the access to the Forum section at any time. In restricted Forum sections, the Moderator decides who may be a member of the Forum section and can access and change the membership list in his or her sole discretion. A Section Moderator may, at any time, transfer his or her ownership of a Forum section to another Provider's user. In regard to Content, a Section Moderator shall be responsible for the maintenance and monitoring of the Content in the Forum section, including deleting any  Content or archived Content at any time and at his or her discretion.

Provider 's Rights. You acknowledge that Provider does not pre-screen, control, edit or endorse Content made available through the Service and has no obligation to monitor the Content Posted via the Service. If Provider discovers Content that does not appear to conform to the Terms of Service, Provider may investigate and determine in good faith and at its sole discretion whether to remove the Content. Provider will have no liability or responsibility for performance or non-performance of such activities.

Content Removal and Archiving. If you are not the Section Moderator, you may (1) request removal of a message that you have Posted yourself or (2) prevent the archiving of your message. You agree to resolve directly and exclusively with third parties any disputes you may have about messages that they posted or you may contact the Section Moderator to request a removal. In this regard, you understand that Provider does not monitor or control the content of information Posted by others and instead simply provides a service by allowing users to access information that has been made available.

6. Appropriate Conduct
You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to use the Service only to send and receive messages and material that are legal, proper and related to the particular Forum section. By way of example, and not as a limitation, you agree that when using the Service, you will not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• post any inappropriate, defamatory, infringing, obscene or unlawful Content;
• post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to Post such Content;
• post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by the Moderator of a Forum section.
• download any file Posted by another user of a Forum section that you know, or reasonably should know, that cannot be legally distributed in such manner;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted;
• restrict or inhibit any other user from using and enjoying the Service;
• use the Service for any illegal or unauthorised purpose;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorised purpose;
• submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Provider;
• create user accounts by automated means or under false or fraudulent pretences;
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
• transmit any viruses, worms, defects, Trojan horses or any items of a destructive nature.

International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the Slovak Republic or your country of residence.

While Provider prohibits such conduct and Content in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk.

7. Proprietary Rights
Provider 's Rights
Provider owns and retain all rights in the Service, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by Provider, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Provider 's proprietary information.

Your Rights
Provider claims no ownership or control over any Content submitted, Posted or displayed by you on or through the Service. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, Post or display on or through the Service and you are responsible for protecting those rights, as appropriate. By submitting, Posting or displaying Content on or through the Service, you grant Provider a worldwide, non-exclusive, royalty-free licence to reproduce, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the Service or any other Provider's Services. This licence terminates when such Content is deleted from the Service. Provider reserves the right to syndicate Content submitted, Posted or displayed by you on or through the Service and use that Content in connection with other services offered by Provider.

Digital Millennium Copyright Act
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

8. General Practices Regarding Use and Storage and Liability
You agree that Provider has no responsibility or liability for the deletion or failure to store any Content maintained or Posted by or through the Service. You acknowledge that Provider has set no fixed upper limit on the number of transmissions that you may send or receive through the Service or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

As a condition of use of this Forum, You agree to indemnify Provider from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising out of your use of this website, including without limitation any claims alleging facts that if true would constitute a breach by the user of these terms and conditions. If you are dissatisfied with any material on this website or with any of terms and conditions of use of this website, your sole and exclusive remedy is to discontinue using this website.

9. Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Provider has no control over such sites and resources, you acknowledge and agree that Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content on or available from such sites or resources. You further acknowledge and agree that Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such site or resource.


10. User Privacy
As a condition of using the Service, you agree to the terms of the Provider's Privacy Policy, as it may be changed from time to time. You understand and agree that Provider may access, preserve and disclose your personal information and the contents of your account in order to provide the Service or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Provider, its affiliates or the public. Personal information collected by Provider may be stored and processed in the Slovak Republic or any other country. By using the Service, you consent to any such transfer of information outside your country.

For a full description of how Provider maintains the personal information that you provide, please see our Privacy Policy.

11. Disclaimer of Warranties
Provider disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the Service. Provider disclaim any and all responsibility and liability for your conduct and for the conduct of others using the Service.

THE SERVICE AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. THE PROVIDER EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.

12. Hold Harmless and Indemnity
You agree to hold harmless and indemnify Provider from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

13. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE TO YOU FOR ANY AMOUNT OF MONEY.

14. Term and Termination
These Terms of Service will apply to your use of the Service. You may terminate your use of the Service immediately at any time, for any reason, by contacting customer support. We may terminate your use of the Service immediately at any time, for any reason, and at such time you will have no right to use the Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.

15. Notices
Provider may provide you with notices regarding the Service or these Terms of Service by email or postings to this website.

16. Miscellaneous Provisions
Subject to mandatory national law to the contrary, the Terms of Use shall be governed by and construed in accordance with law of the Slovak Republic.

The parties do not intend the Terms of Use to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.

In the event that any term of this agreement is held to be invalid or unenforceable by any arbitration, or other binding decision, the remainder of this agreement shall remain valid and enforceable.

The Provider reserves the right to assign this agreement, and to assign, license or subcontract any or all of our rights and/or obligations under this agreement. You may not without the written consent of the Provider assign, license or subcontract this agreement or any of your rights or obligations under it.

The Provider reserves the right to update and change the Terms of Use from time to time without notice or acceptance by You. If any portion of this agreement or any change of this agreement of the Website is unacceptable to You or will cause You to no longer be in compliance with the agreement, You may discontinue use of the Website at any time. Continued use of the Website now or following changes in this agreement implies that You have read, accepted and are bound by the changes.

The Provider shall not file a specific copy of the Terms of Use with You.

The Terms of Use are only available in English.

Without limiting the foregoing, under no circumstances shall Provider be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control including without limitation Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties or loss of or fluctuations in heat, light or air conditioning.