Online Service means the provision of access to services on the domains fatchilli.media and fatchillimedia.com (or their aliases).
The Provider of online services is FatChilli Advertising s.r.o., which is a limited liability company registered in the Business Register of the District Court of Bratislava I in section Sro, File No. 97667/B.
The Partner is the User who is entitled to use the Provider's premium services on the basis of the Contract on the Operation of Advertising Space with the Provider (“Contract”).
All content published by the Provider (including – but not limited to articles, photographs, images, illustrations, audio or video recordings, web design, programming scripts or codes) is protected by the Copyright Act and is the sole property of the Provider and its contractual partners. Online Services and their content are also protected by international copyright treaties to which the Slovak Republic is a signatory. Republication or distribution of the content of these services without the prior written consent of the Provider is prohibited.
The User may not distribute or participate in the distribution, sale, or redistribution of the Content of the Provider's online services unless otherwise stipulated in writing between the User and the Provider.
Some of the Provider's online services allow the User to publish his or her opinions. The User may not publish any advertising text, organize donations, or otherwise deny the non-commercial purpose of discussion forums. It is also prohibited for the User to publish offensive, obscene, pornographic or illegal opinions, texts, or expressions. The Provider cannot control and shall not be responsible for the content of individual discussion posts of the User. Some of the Provider's online services allow the User to create his or her own user account. The User undertakes to state all information required by the Provider when creating the user account truthfully and to represent only the persons for whom he or she is authorized to act in this way when creating the user account. The User shall also bear direct legal responsibility for the information he or she publishes through the Online Service.
All information stored in the system managed by the Provider shall be the property of the Provider. The Provider reserves the right to change or cancel the provision of Online Services for all or a group of Users, as well as to remove any content that is part of the Online Service without notice, without any obligation to compensate any User or third party. The Provider undertakes not to misuse non-public information stored by the User for its own benefit or for the benefit of third parties, as well as to protect against misuse and not disclose to third parties any non-public data stored in the system by the User without his or her prior written consent.
The Provider does not provide a guarantee of continuous functionality, fault-free operation and security of the Online Services system. It is in the Provider's interest that all functions of the Online Services are provided to the User in the maximum possible quality.
The Provider guarantees all Users the protection of their personal data. The Provider does not collect any personal data that the User does not voluntarily provide.
The Provider disclaims any responsibility for the content and functionality of the websites directly or indirectly linked to the Provider's Online Services.
Pursuant hereto, the Partner shall be entitled to deploy the Provider's ad units (“Advertising”) only on the Partner's digital products agreed in writing and approved by the Provider (“Domains”) and on the Domains of its contractual partners (“SubPartners”).
The Partner declares that the Partner, as well as the SubPartners:
a) are technically and legally qualified and authorized to deploy the Advertising on the Domains hereunder,
b) have the ability and authority to modify the deployment of the Advertising on each page of the contractually agreed Domains.
The Partner shall be fully liable for the use of the Provider's services, including the use of the Advertising by any of its SubPartners. If any of the SubPartners violates the terms hereof, the Partner shall be fully liable for such violation, as if it had caused such violation hereof itself. If the Partner, SubPartner, or any of the Domains violate the terms hereof, the Provider shall be entitled to immediately suspend or deactivate the use of the Advertising on a specific Domain or on all Domains and shall immediately inform the Partner of this fact.
If the Provider or its contractual partners change the technical conditions of cooperation, which will require action by the Partner, the Provider undertakes to inform the Partner of such a need immediately and in good time. The Partner undertakes to make all the necessary changes within five days of receiving notification of the need to make such changes, if technically possible, or to inform the Provider of the need to extend the deadline for making the necessary changes.
The Partner undertakes to inform the Provider at least 5 days before making any change in the code or technology for providing content on the Domains, which could affect the displaying or the provision of the Advertising.
The Partner shall be entitled to request the Provider to add any digital product into, or to exclude any Domain from the list of Domains by a written request via e-mail. The Provider shall not be obliged to include a digital product in the list of Domains if it does not meet any conditions of the Provider, and the Partner shall not be entitled to provide the Advertising on a digital product not approved by the Provider. The Partner undertakes that as of the day of the removal of a specific digital product from the list of Domains, the Advertising will not be provided on such digital product.
Unless the Contract expressly states otherwise, neither party shall acquire any rights or shares in the intellectual property belonging to the other contracting party or its contractual partner.
The Partner undertakes to defend the interests of the Provider and protect the Provider from any obligations, liabilities, costs, harm and damage, and assumes full liability for payables and claims of third parties for damages:
a) resulting from the content of the Domains, the rights to use the Domains, and the Partner's trademark;
b) resulting from non-compliance with the terms hereof by the Partner and its SubPartners;
c) resulting from non-standard requirements of the Partner and its SubPartners in regard to the Provider related to the implementation of Advertising on the Domains.
The Provider undertakes to defend the interests of the Partner and protect the Partner from any obligations, liabilities, costs, harm and damage, and assumes full liability for payables and claims of third parties for damages:
a) if the authorized use of the Provider's technology for the provision of the Advertising directly causes a violation of the Advertising Act, the rights of third parties to copyright, trade secret, trademark, or patent;
b) resulting from non-compliance with the terms hereof by the Provider and its contractual partners.
The contracting party requested by a third party to pay damages shall immediately contact the other contracting party and shall cooperate with it in defending the interests of both contracting parties. The party responsible for the claim for damages shall have full control and authority and shall be responsible for defending its interests against the claim for damages. If the resolution of a dispute for damages requires a written declaration of the other party, the other party undertakes to provide it without undue delay.
The contracting party receiving any information from the other contracting party undertakes to treat it as confidential and not to disclose such information to any third party without the written consent of the other contracting party, with the exception of its contractual partners, employees, consultants, and cooperating entities that need such information in connection with the performance of work hereunder, and who have confirmed in writing their commitment to treat such information as confidential. The receiving party shall be responsible for ensuring that such authorized persons and entities use confidential information only in connection with the performance hereunder and shall take adequate measures to protect such information. Contracting party shall be entitled to provide confidential information to third parties only if required by law, but undertakes, within the frame of legal norms (if the law allows it), to inform the other contracting party about such proceedings.
The Contract is governed by generally binding legal regulations valid in the territory of the Slovak Republic and the contracting parties agree without any reservations that any disputes arising from the Contract shall be subject exclusively to the jurisdiction of the Slovak Republic.