Please note that your use of and access to our services (as defined below) are subject to the following terms. If you do not agree to all of the following, you may not use or access the services in any manner. These terms include information about future changes to these terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of by a court proceeding.
Last update: April 1, 2020
Welcome to Www.Instinct.Agency.
These terms and conditions are a binding contract between you and Instinct
Agency s.r.o.. These terms and conditions outline the rules and regulations for the use of Www.Instinct.Agency and its products and services.
Instinct Agency s.r.o.is located at: Domazlicka 1232/3, 130 00 Praha, Company ID 06978941, European VAT ID CZ06978941
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Instinct Agency”, “newsletter”, “website”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company and our services. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Czech Republic. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
This agreement constitutes the entire agreement between us with respect to the subject matter contained in this agreement and supercedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the website or Instinct Agency newsletter. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the Czech Republic and the European Union without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Instinct Agency does not provide subscription/product/service refunds. Instinct Agency can decide to refund for subscription/product/service, but it is entirely based on decision of Instinct Agency if certain conditions are met, e.g. user purchased subscription/product/service and it does not bring him educational and/or business value.
Instinct Agency from time to time offers certain periods of promotional or discounted service to partner organizations and others. An individual who receives benefits from such an offer is not entitled to any refund or other consideration should the free or promotional subscription/product/service be ended by Instinct Agency for any reason. In the event Instinct Agency ceases subscription/service activity and/or closes its business, we may make partial refunds to customers for some of the unexpired portions of their subscription/service duration, but Instinct Agency is under no obligation to do so.
Unless otherwise stated, Instinct Agency s.r.o. and/or it’s licensors own the intellectual property rights for all material on Www.Instinct.Agency. All intellectual property rights are reserved. You may view and/or print pages from https://www.Instinct.Agency for your own personal use subject to restrictions set in these terms and conditions.
No use of Instinct Agency s.r.o.’s logo or other artwork will be allowed for linking absent a trademark license agreement.
YOU MUST NOT:
- Republish material from https://www.Instinct.Agency and Instinct Agency newsletters/products
- Sell, rent or sub-license material from https://www.Instinct.Agency and Instinct Agency newsletters/products
- Reproduce, duplicate or copy material from https://www.Instinct.Agency and Instinct Agency newsletters/products
- Redistribute content from https://www.Instinct.Agency and Instinct Agency newsletters/products (unless content is specifically made for redistribution).
If photo, video or audio material is credited to any other entity than Instinct Agency, please contact that entity directly for selling, renting, sub-licensing, redistribution, duplication, reproduction or republishing permission.
Non-profit organizations, teachers, students & syndication
For any redistribution, duplication or republishing of our content by non-profit organizations, teachers or students, please contact us at [email protected].
For syndication in broadcast, newspapers, magazines, websites, blogs, ebooks or other forms of publishing, also please write at [email protected].
Making claims of copyright infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via Instinct Agency in a manner that violates your copyright, written notification of claimed copyright infringement should be submitted to: Instinct Agency s.r.o., Domazlicka 1232/3, 130 00 Praha, Czech Republic. To be effective, the Notification must include the following: 1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2) Identification of the copyrighted work claimed to have been infringed; 3) Identification of the material that is claimed to be infringing or a representative list of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4) Information reasonably sufficient to contact the complaining party, such as an address, telephone number and, if available, electronic mail address of the complaining party; 5) A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner or the law; 6) A statement that the information in the notification is accurate and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Linking and framing
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site or in Instinct Agency newsletters.
Content shared by users
You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Termination & Access Limitation
We may cancel or terminate your right to use the website or Instinct Agency service/product/subscription or any part of one or the other at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the website or Instinct Agency service/product/subscription/ affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the website, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive such termination.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website, Instinct Agency service/product/subscription and the use of this website, Instinct Agency service/product/subscription (including, without limitation, any warranties implied by law in respect of satisfactory
quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
Throughout the website and service/product/subscription, we have provided links and pointers to internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, we do not operate or control in any respect any information, products or services that third parties may provide on or through the website or newsletter or on websites linked to by us on the website.
We do not warrant that the site or newsletter or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this websites, the servers that make it available or newsletters are free of viruses or other harmful components.
We do not warrant or make any representations regarding the use or results of the use of the site or materials on this site or in the newsletter or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software. Instinct Agency will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, punitive and consequential damages. Www.Instinct.Agency, Instinct Agency newsletter or Instinct Agency s.r.o. are not responsible for any lost content or data. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable
for any defamatory, offensive or illegal conduct of any user.
If you are dissatisfied with the site, any materials, products, or services on the site or the newsletter, or with any of their terms and conditions, your sole and exclusive remedy is to discontinue using the site or newsletter.
Events beyond our control
You expressly absolve and release Instinct Agency, Instinct Agency s.r.o. and its agents and employees from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
Assumption off risk & indemnification
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Instinct Agency has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this website over the internet cannot be guaranteed. Accordingly, Instinct Agency is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the website, or for the consequences of any reliance on such information. Instinct Agency shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this website and Instinct Agency subscription/product/service.
You agree to indemnify and hold harmless Instinct Agency and all of its officers, directors, employees, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third-party claims based on or related to your use of this website or the Instinct Agency newsletter or any breach by you of these Terms and Conditions.