Terms of Service

PLEASE READ CAREFULLY BEFORE USING THIS SITE OR APPLICATION. YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT.

Withrepost ("witherpost.com" or "us", "our", "we") provides a mobile phone application ("Application"), a website ("Website") – together the "Service". The Service is operated by Bench s.r.o. These Terms of Service ("Terms") govern your access and use of the Service. "You" or "Your" means a user of the Service.

You agree that by registering for or accessing or using the Service you are entering into a legally binding agreement with us. Any entry into, and use of the Service constitutes your agreement to these Terms and Conditions ("Terms") and all applicable laws and your certification that you are authorized to accept these Terms. We may revise and update these Terms at any time and such revisions are binding. Changes to these Terms shall apply as of and following the date of the change.

Use of Service

You may use our Service only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws. Any use or access by anyone under the age of 13 is prohibited. You may not provide access to or use the Service or content thereof for the benefit of third parties or make commercial use of the Service or related content, but you may use the Service for your personal use subject to these Terms.

Use of and access to the Service is void where prohibited. By accessing and using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline.

Persons using this Service assume full responsibility for it's use and agree that we are not responsible or liable for any claim, loss, or damage arising from the use of the Services. If you use the Service on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. You agree that we may automatically upgrade the Services, and these Terms will apply to such upgrades.

Internet Access May Be Required

Internet connectivity is required for access to and use of the Service. To access the Service by means of a cellular data connection on a portable device, you will need a data access plan from your wireless carrier. In order to access the service via WiFi or Internet connection, you will need a compatible device, software, browser and Internet access. Check with your provider to learn if any fees apply. You are solely responsible for enabling Internet connectivity and any fees or costs you incur to access the Services through any wireless or other communication service.

Your Content and Sharing Records

We don't claim ownership of the content you provide on the Service. Your content remains your content. We also don't control, verify, or endorse the content that you and others make available on the Service. We may use aggregate information and extract statistical data from your content in the manner described in our Privacy Policy; such aggregate information and statistical data is owned by us.

We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to the use of the Service including the uploading or emailing of any images in breach of our restrictions on content. We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.

If you share information on the service in a way that infringes others' rights, including privacy rights, you're breaching these Terms. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the information doesn't violate any law. We may remove your information from the Service at any time if you breach these Terms.

Privacy

You explicitly consent to the use, access, disclosure, transfer and preservation of the personal information you provide via the Service, including storing, processing, and disclosing the data in accordance with these terms and our privacy policy, which is available alongside these Terms and is incorporated by reference in these Terms.

Proprietary Information

All elements comprising the Application, Website and Services, including without limitation, the text, design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of us or our licensors. Except as expressly permitted in these Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Services or any content is strictly prohibited. Trademarks, service marks and logos displayed on the Service are the exclusive property of us unless otherwise stated and may not be used without our express written consent. All rights not expressly granted herein are reserved to us, our affiliates and our licensors.

Copyright

Our policy is not to infringe or violate the intellectual property rights or other rights of any third party, and we will remove material appearing on the Service that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), we will remove any Content if properly notified of that such material infringes third party rights, and may do so at our sole discretion, without prior notice to users at any time.

If you believe that something appearing on the Service infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA's requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting us using the following email: hello@withrepost.com.

We accept no responsibility or liability for the content of any site included in any Content, or otherwise linked to by the Services, or for the user's use of such Content. We reserve the right to remove any Content without prior notice to you, any other user, or any third party.

Use Restrictions

You agree that you will not act in any way or transmit any content that: (a) restricts or inhibits use of the Service, including without limitation content which contains, transmits or distributes any viruses, worms or other malicious software or functionality; (b) solicits another person's password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes or results in the infringement of us or any other third parties' intellectual property, moral rights, privacy or other rights; (e) is or you reasonably believe or should reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) is defamatory, libelous, nudity, pornographic, obscene, racist or otherwise offensive content; (g) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc.

The software and technology underlying the Service is our property, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service, including in order to allow you to copy or download any content; (b) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content; (c) use the Service and/or content provided therein in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (e) harvest, collect or mine information about other users of the Service.

Availability

We shall use reasonable commercial efforts to maintain the availability of the Service, but does not guarantee any specific level of availability of Service nor shall we be responsible for any loss of data during or after their creation. We will not be liable to you as a result of temporary service interruptions. You acknowledge that we may, in our sole discretion and at any time, modify or discontinue providing Services or any part thereof without notice, and in such event you will not be able to access the data you have created and saved on the Service.

Disclaimers & Disclaimer of Warranty

Your use of the Service is at your sole discretion and risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind from us. We EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Service and to the goods or services made available through the Service, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Service; OR (II) THAT THE Service WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Service.

WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ADVICE OR CONSULTATION PROVIDED TO YOU BY USING THE SERVICE.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update content information at any time without prior notice.

Limitation Of Liability

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content on the Service. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure due to technical problems or traffic congestion on the Internet or on the Service, including any injury or damage to users or to any person's mobile phone related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline.

IN NO EVENT SHALL WE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Service OR CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO US FOR USE OF THE Service. IF YOU HAVE NOT MADE ANY PAYMENTS TO US FOR THE USE OF THE SERVICE, THEN WE SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

Indemnification

You agree to indemnify, defend, and hold harmless us and our respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; (d) information you provide to or use in connection with the service violating third party intellectual, moral, privacy or other rights and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service shall be in compliance with all applicable laws, regulations and guidelines.

Additional Terms

The Service may contain links to third party websites or software, including without limitation advertisers and service providers. We do not operate, control or supply any information, product, or service that is not clearly identified as supplied by us. Your use of those websites and services is solely between you and the third party. Your use of them is governed by those websites' separate terms of use and privacy statements. The websites' terms do not apply to the service or to your legal relationship with us. Nothing in any third-party terms increases our liability or changes your relationship with us. Certain programs may not be available to all our users. Please review the terms and privacy statements provided with third-party programs. Be aware that they affect how you share your personal information when using that third-party program.

Waiver

Our failure to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right, or operate to bar the exercise or performance thereof at any time or times thereafter. A waiver of any right hereunder at any given time shall not be deemed a waiver thereof for any other time.

Severability

If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, you and us shall, if possible, agree on a legal, valid and enforceable substitute provision which is as similar in effect to the deleted provision as possible. The remaining portion of these Terms not declared illegal, invalid or unenforceable shall, in any event, remain valid and effective for the term remaining unless the provision found illegal, invalid, or unenforceable goes to the essence of these Terms.

Notice

All notices hereunder shall be in writing, personally delivered, by certified mail, return receipt requested; or by nationally recognized overnight delivery service; or by email us, at hello@withrepost.com. A notice shall be effective from the date of personal delivery or upon receipt if sent by certified mail, and upon the date of sending if sent by email.

Governing Law and Venue

These Terms shall be interpreted in accordance with the laws of Slovak republic. The customer agrees that any legal or equitable action of whatever nature by or against us arising out of or related in any respect to these Terms shall be brought exclusively in the competent courts of Bratislava, Slovakia.

Updated: May 2018