Terms of use
I. DEFINITIONS
When interpreting and applying these General Terms and Conditions, the terms and expressions used will have the following meaning:
1.1. "IP Address" ("IP address") is a unique identification number associating a user's device, Internet page or resource in a way that allows their location on the global Internet.
1.2. vidozzo.com/The website vidozzo.com (https://www.vidozzo.com) is a website through which USERS are provided with information services and resources described in these Terms and Conditions.
1.3. "Electronic Reference" is a link indicated on a particular Internet page that allows automated forwarding to another Internet page, information resource, or object through standardized protocols.
1.4. "Malicious actions" are actions or inactions violating Internet ethics or harming persons connected to the Internet or associated networks, sending spam, junk mail, flooding channels, gaining access to resources with foreign rights and passwords, using flaws in systems for one's own benefit or obtaining information (HACK), performing actions that can be qualified as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending "Trojan horses" or causing the installation of viruses or remote control systems, disrupting the normal work of other Internet users and associated networks, performing any actions that can be qualified as a crime or an administrative violation under Bulgarian legislation or other applicable law .
1.5. "Web page" is a part of a website which may be integral or separate.
1.6. "Information System" is a device or system of connected devices which or any of which is designed to store, send or receive electronic documents.
1.7. "USER" is any person who uses the information services and resources provided through the vidozzo.com website.
1.8. "User Content" is any video material, image, text, photos, multimedia content or other material that the USER has on the "Vidozzo" Server in order to make it available through the vidozzo.com Website to all other USERS.
1.9."Server" is a device or system of connected devices on which or any of which system software is installed to perform tasks related to the storage, processing, reception or transmission of information.
1.10."Website" is the designated place on the global Internet accessible through its unified address (URL) under the HTTP or HTTPS protocol and containing files, programs, text, sound, picture, image, hyperlinks or other materials and resources.
II. SUBJECT OF THE CONTRACT
2.1. vidozzo.com provides the USER with the services provided for in these General Terms and Conditions (the "Services"), subject to strict compliance by the latter with the requirements defined in these General Terms and Conditions.
2.2. Some of the Services on the vidozzo.com Website are provided without the need for prior registration. Such are, without being limited to, the services related to searching and gaining access to information in the form of video materials, images, text and others located on the vidozzo.com Website and other services provided to unregistered users through the vidozzo.com Website .
2.3. The use of part of the Services of the vidozzo.com Website is possible only after prior registration and the creation of a user profile of the USER. Such are, but are not limited to, the services of providing free disk space on a Vidozzo server, on which the USER has the opportunity to publish and store information in the form of video materials, images, text and others, the creation of a user profile according to set of "Vidozzo" criteria, the creation of thematic channels, the use of the system for exchanging electronic messages between users and other services provided to registered users through the vidozzo.com Website.
III. APPLICATION FIELD. AGREEMENT TO TERMS AND CONDITIONS
3.1. These General Terms and Conditions apply in relation to USERS who have registered on the vidozzo.com Website ("registered USERS"). These General Terms and Conditions apply accordingly in relations with USERS who have not registered on the vidozzo.com website ("unregistered USERS"), and their rights are limited to using the services described in item 2.2.
3.2. The text of these General Terms and Conditions is available on the Internet at the Internet page at the address https://www.vidozzo.com/terms in a way which allows its storage and reproduction. An electronic link to the website containing the text of these General Terms and Conditions is located on every page of the vidozzo.com Website. With any use of the information services and resources of the vidozzo.com Website, including opening an Internet page from the vidozzo.com website, as well as by clicking on an electronic link from the title (home) or any other Internet page of the vidozzo website. com, USERS declare that they are familiar with these General Terms and Conditions, agree with them and undertake to comply with them.
3.3. In order to be able to use the services under item 2.3. of these General Terms and Conditions, the USER must register in advance by filling in the relevant electronic registration form, available in real time (on-line) on the Internet at the page https://www.vidozzo.com/register/. When registering a minor, the same declares the consent of his parents or guardians to the General Terms and Conditions. In cases of registration of a person under the age of 14, the application for consent to the General Terms and Conditions is made by a parent or guardian of the same.
3.4. When the USER registers, by ticking the field "I agree with the General Terms and Conditions" in the registration process and pressing the virtual button "Register", the USER makes an explicit electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that is familiar with these General Terms and Conditions, accepts them, agrees with them and undertakes to comply with them.
3.5. By registering, the USER gets access to all services offered by Vidozzo. When filling out the registration application, the USER, and in the cases of item 3.4, last proposal, the USER's parent or guardian, is obliged to provide complete and correct data regarding his identity or other data required by the electronic form of "Vidozzo", as well as to update them within 7 days of each change. The USER guarantees that the data he provides during the registration process is true, complete and accurate, and if the latter changes, he will update them promptly.
3.6. If the personal data required in the registration form are not provided, Vidozzo has the right to refuse the registration.
3.7. In case of provision of incorrect data or failure to reflect the changes in time, "Vidozzo" has the right to terminate or stop immediately and without notice the provision of the Services, as well as the maintenance of its registration. In this case, the termination of the provision of the Services is considered an automatic termination of the contract.
IV. USERNAME AND PASSWORD. USER PROFILE
4.1. When registering, the USER specifies a username and password. If the username is not already taken, the USER receives the username and password that he/she requested. Through them, the registered USER gets access to his user profile, as well as the opportunity to use the Services under item 2.3.
4.2. The username is a unique code of letters, numbers and characters by means of which the USER identifies himself when using the Services. "Vidozzo" does not check and is not responsible for the authenticity of the username, for whether it affects the rights of third parties and in particular the right to a name or other personal rights, the right to a trade name (company), the right to a trademark or other rights of intellectual property.
4.3. The password is a code of letters, numbers and characters, which, together with the username, serves to access his user profile. The USER is obliged not to disclose his password to third parties and to notify Vidozzo immediately in the event of unauthorized access, as well as in the event of such a possibility. The USER is obliged to take all care and take the necessary measures that are reasonably necessary to protect his password and is fully responsible for all actions carried out by him or by a third party using the username and password.< /p>
4.4. The user profile is a separate part of the vidozzo.com website, containing information about the registered USER, provided during the registration process and stored on a "Vidozzo" server. Through his user profile, the USER can manage User Content located by him on a Vidozzo server, organize it into collections and thematic channels, customize the look of his user profile, etc.
4.5. In their user profile, each registered USER can create one or more dedicated thematic channels in which they publish User Content with a general thematic focus on a certain category.
4.6. Each USER may have only one active user profile. Registration under a fictitious name or under a different name (under a different identity) is prohibited. "Vidozzo" can refuse the registration of a person about whom there is information or it can be assumed that he indicates incorrect or foreign data.
V. CONCLUSION OF CONTRACT
5.1. The contract between the parties takes effect from the moment of agreement, objectified in the manner specified in item 3.3 or item 3.5.
5.2. The contract is concluded in Bulgarian.
5.3. The contract has effect:
a) For unregistered USERS – until termination of use of the Services on the vidozzo.com Website;
b) for registered USERS - for an indefinite period from the USER's registration until its termination in accordance with the procedure provided for in these General Terms and Conditions.
VI. CHANGES TO THE GENERAL TERMS
6.1. With a view to periodic additions and modifications to the Services, their improvement and expansion, as well as in connection with possible legislative changes that reflect on them, the General Terms and Conditions can be changed unilaterally by Vidozzo. This change can also be made in the event of a change in the type, nature or technology of the Services provided, as well as in the event of a change in economic conditions.
6.2. When making changes to the General Terms and Conditions, Vidozzo informs the USER of the changes by publishing them on the vidozzo.com Website. "Vidozzo" provides the USER with a two-week period to familiarize himself with the changes in the General Terms and Conditions.
6.3. These General Terms and Conditions, as well as future amendments to the General Terms and Conditions, also apply to registered USERS as of the date of their entry into force. Registered USERS have the opportunity to declare within the period under item 6.2 by sending a message to "Vidozzo" that they reject the changes. In the event that a statement rejecting the changes is not received by Vidozzo, the USER shall be deemed bound by them. The declaration by a registered USER that he does not agree with the changes in the General Terms and Conditions will lead to the automatic termination of the contract between the USER and "Vidozzo" for the use of the services provided through the vidozzo.com website, whereby "Vidozzo" has the right to immediately suspend the corresponding USER's access to his user profile, terminate his registration and delete from his servers all User Content located by him.
VII. USER RIGHTS AND OBLIGATIONS
7.1. The USER himself provides the client equipment (terminal devices for Internet access) and Internet access necessary for the use of the services provided by Vidozzo.
7.2. The USER has the right to access in on-line mode to the Services provided through the vidozzo.com Website, subject to compliance with the conditions and access requirements set by "Vidozzo". In order to be able to use the Services described in item 2.3., the USER should enter his username and password.
7.3. The registered USER has the right to deploy (upload) to the Vidozzo server User Content on which he is the copyright holder or has received the right to use and sublicense it on a valid legal basis.
7.4. The USER undertakes, when using the Services provided by "Vidozzo", not to load, place on the server of "Vidozzo" and not to disclose in any way to third parties User content - information, data, text, sound, files, software, music, video, photographs, graphics, audio materials, messages, and any other materials or electronic references to materials:
a. contrary to Bulgarian legislation, applicable foreign laws, these General Terms and Conditions, Internet ethics, rules of morality and good manners;
b. containing violence (including animal violence), incitement to violence, humiliation of human dignity, threat to human life and bodily integrity;
c. with pornographic or openly sexual content;
d. containing acts of disrespect for school rules, destruction or damage to school and other public property;
e. containing clearly distinguishable bodies of victims of accidents and other serious incidents;
f. insulting a given religion or containing religious agitation;
g. representing a trade or business secret or other confidential information;
h. which are the subject of intellectual property rights of third parties, except with the consent of the right holder;
i. violating any property or non-property rights or legal interests of third parties;
j. propagating discrimination based on gender, race, educational qualification, age and religion or preaching fascist, racist or other undemocratic ideology;
k. harming the good name of another and calling for a violent change of the constitutionally established order, for committing a crime, for violence against the person or for inciting racial, national, ethnic or religious enmity;
l. containing information inciting terrorist activity and any information related to terrorism;
m. containing information about other people's passwords or access rights without the consent of their holder, as well as software for accessing such passwords or rights;
n. of poor quality and unclear content;
o. with a file size above the maximum sizes specified on the vidozzo.com Website.
7.5. The USER undertakes to use the Services provided by Vidozzo:
a. not to commit malicious acts within the meaning of these General Terms and Conditions;
b. to immediately notify "Vidozzo" of any case of committed or detected violation when using the provided services;
c. not to impersonate another person or as a representative of a legal entity or a group of people that he is not authorized to represent, or otherwise mislead third parties about his identity or his belonging to a certain group of people;
d. upon detection of damaged files, to promptly notify "Vidozzo" about their removal;
e. not to use methods leading to forced loading of content unwanted by Internet users ("pop-ups", "blind links" and the like).
7.6. The USER has the right at any time, at his own discretion, to terminate the use of the services provided by "Vidozzo" by terminating his registration on the vidozzo.com Website. The contract between the parties is considered to be automatically terminated from the date of termination of the USER's registration, as Vidozzo suspends the respective USER's access to his user profile, and has the right to suspend the access of other USERS to the User Content and to delete from its servers all User Content located by him.
7.7. The USER may access User Content or any other content posted on the vidozzo.com Website solely for personal use, using normal site functionality. Access to multimedia User content (audio and video recordings/files) can only be done by streaming - transmission of a constant stream of audio and video signals via the Internet from the vidozzo.com Website to the USER's end device, enabling the USER only to watch and listen to audio and video recordings in real time, which does not leave a permanent copy and which does not allow downloading, distribution and/or delayed viewing or listening.
7.8. The USER undertakes not to access User Content or any other content published on the vidozzo.com Website through any other technology or means other than the technologies and means provided by the vidozzo.com Website and implemented through the normal functionality of the site . The USER undertakes not to use, copy and distribute User Content for any commercial purposes.
7.9. When using the "Upload a clip" service, the USER undertakes not to enter any other content and text in the "Additional information" section, except for information directly related to or describing or explaining the content of the respective video. The USER is not entitled in any way to use the "Additional information" section to post, make or accept any offers to carry out or conclude any legal transactions, nor to make any other electronic statements in the sense of the Electronic Document and Electronic Signature Act.
7.10. The USER undertakes, when using any of the Services provided through the vidozzo.com Website, not to load, not to have on a "Vidozzo" server, not to send and not to disclose in any way to third parties, any User Content, which by its very nature can be considered as addressing third parties or accepting offers or statements from third parties to enter into, or perform, legal transactions.
7.11. The services provided by Vidozzo are not intended and may not be used by the USER to send, receive, record or store electronic statements within the meaning of the Electronic Document and Electronic Signature Law, unless this is expressly provided for in these General terms. Any use of the Services by the USER in violation of this rule is at the USER's own risk and responsibility.
7.12. The USER has the right, through the "Place on your site" function provided by Vidozzo, to incorporate User Content published on the vidozzo.com Website into their own personal websites, for non-commercial purposes. When using this function, the USER undertakes to indicate in a visible place that the source of the content is the vidozzo.com Website, as well as to place a link to the vidozzo.com Website. When using this function, the USER has no right to make any changes to the User Content, and may not use the "Put on your site" function for commercial purposes, including selling advertising directed exclusively to certain User Content.
VIII. RIGHTS AND OBLIGATIONS OF "Vidozzo"
8.1. "Vidozzo" undertakes to take due care to provide the USER with an opportunity for normal use of the Services.
8.2. "Vidozzo" does not have the obligation and the objective possibility to control the way in which the USER uses the provided Services, and is not responsible for the User Content, as well as for the USER's activity in connection with the use of the Services. "Vidozzo" has no obligation to monitor the information stored on its servers or made available when providing the Services, nor to search for facts and circumstances indicating the performance of illegal activity by the USER through the use of the Services.
8.3. In accordance with the requirements of the current Bulgarian legislation, "Vidozzo" stores information materials and resources located by the USER on "Vidozzo" servers, and has the right to provide them to the competent state authorities in cases where this is necessary to preserve the rights, legitimate interests and the security of Vidozzo or of third parties, as well as in cases where the same are required by the relevant state authorities in due order.
8.4. In case of non-use of the USER's user profile by the latter for at least 90 (ninety) days, "Vidozzo" has the right to stop without notice the corresponding USER's access to his user profile, terminate his registration and delete from the servers all User Content posted by him. The contract with the USER is considered automatically terminated from the date of termination of his registration.
8.5. "Vidozzo" has the right to place on each of the pages of the website vidozzo.com, including in the User Profiles, electronic references, advertising banners and other advertising forms for goods and services offered by "Vidozzo" or third parties, as well as electronic references and advertising banners pointing to websites outside Vidozzo's control. "Vidozzo" is not responsible for the content, accuracy and legality of similar Internet pages or resources, as well as for services or resources that became available to the USER when using the services of the website vidozzo.com, as well as for the content, accuracy and legality of the information in the electronic text messages sent and received by the USERS and in the comments published by them.
8.6. "Vidozzo" has the right to send unsolicited commercial messages to the USER, including through the electronic messaging system between users, incorporated in the Website, in order to offer information and advertisements regarding its own goods and/or services offered by other commercial companies, to make inquiries on a variety of issues, conduct surveys and more. By accepting these General Terms and Conditions, the USER agrees to receive unsolicited commercial messages from Vidozzo.
8.7. "Vidozzo" has the right, but not the obligation, at its discretion and without warning, to suspend access to and/or remove User Content when it contradicts the requirements set forth in these General Terms and Conditions.
8.8. "Vidozzo" has the right, at its discretion and without warning, to temporarily suspend or limit the USER's access to the Services under item 2.3., as well as the access of other users to User Content placed by him, when, at the discretion of "Vidozzo ", the USER uses the Services in violation of Bulgarian legislation, these General Terms and Conditions, good morals or other applicable norms.
IX. INTELLECTUAL PROPERTY
9.1. By placing any video material, image, text or other material (User Content) on the vidozzo.com Website, the USER grants to "Vidozzo" the non-exclusive right to use, record, store, publicly distribute it on the Internet, including offering access to an unlimited number persons to it in a way that allows such access to be carried out from a place and at a time individually chosen by each of them, for the needs of and in connection with the provision of the Services, subject to these General Terms and Conditions, without owing remuneration for this and without territorial restrictions (worldwide). The right under the preceding paragraph is granted for the time for which the User Content is located on a Vidozzo server, as well as for a reasonable period after its removal or deletion. The right granted to "Vidozzo" includes the right to use the User Content for the purposes of promotion or advertising of "Vidozzo" and the website vidozzo.com in other media and/or in a modified form, including the right to sublicense the use of the User Content to other media in connection with the development of Vidozzo's activities. The USER declares that he is the copyright holder or has the right to use the relevant material in the manner specified in this point, including the right to sublicense the use of the relevant material, having acquired this right on a legal, contractual or other legal basis, and that the availability of this content on the Site and its use in accordance with these General Terms and Conditions does not violate the rights of third parties. In addition, the USER declares that it has obtained the consent of any person who participates or is depicted in the USER's User Content with a view to capturing, depicting, using the name or other data about such person, as well as publishing the relevant material on the vidozzo Website .com.
9.2. By placing any User Content on the vidozzo.com Website, the USER agrees and grants to all other users of the Services, including unregistered users, the non-exclusive right of access to the published materials, the right to use and reproduce them in the manner provided by "Vidozzo" through the services provided on the vidozzo.com Website, without owing remuneration for this and without territorial restrictions (worldwide). The right under the preceding paragraph is granted for the time for which the User Content is located on a Vidozzo server, as well as for a reasonable period after its removal or deletion. For the avoidance of doubt, the USER expressly consents to the use and reproduction of the User Content posted by him by other USERS on their personal websites, when using the "Place on your site" function provided by Vidozzo, including offering access to an unlimited number of persons to it in a way allowing this access to be carried out from a place and at a time individually chosen by each of them.
9.3. By placing any User Content on the vidozzo.com Website, the USER agrees and grants to "Vidozzo" the right to visualize the published materials in User Profiles and Thematic Channels created by other USERS, as well as to use at its discretion graphic images, advertising formats and others in shaping the pages of the vidozzo.com Website on which the User Content is displayed. The USER agrees that the rights under the preceding sentence may be granted by "Vidozzo" to certain USERS, based on an additional written agreement reached between "Vidozzo" and such USERS.
9.4. When using the Services, subject to these General Terms and Conditions, the USER has access to a variety of content and resources that are subject to the copyright of Vidozzo, other USERS or the persons indicated accordingly. The USER has access to the content with a view to using it for personal needs in accordance with these General Terms and Conditions and has no right to use, record, store, reproduce, change, adapt, publicly distribute the content that became available to him when using the Services, except of the cases of its reproduction when using the "Put on your site" function, as well as in relation to the content that has been provided by it or for which it has received the express consent of the respective rights holders.
9.5. The USER undertakes not to bypass, damage or otherwise interfere with the normal operation of technical or software applications placed by "Vidozzo" on the Website vidozzo.com with a view to preventing or limiting the use of the Website's content in violation of these General Terms and Conditions , including restricting ways of using or copying User Content.
9.6. The registered USER is solely responsible for the legality of the User Content that he publishes or makes available through the use of the Site's services, as well as for his actions in publishing it and for the consequences of this publication.
9.7. The intellectual property rights in all materials and resources located on the Website, other than User Content located by users of the Site, are subject to protection under the Copyright and Related Rights Act and/or the Trademark and Geographical Indications Act, belong to " Vidozzo" or to the correspondingly designated person who assigned the right to use "Vidozzo" and cannot be used in violation of the current legislation.
9.8. In the event that the USER believes that his intellectual property rights have been violated by another user and wishes to report an identified violation of intellectual property rights related to User Content located on the Website, he should send a notification to the following address:
Notification of the alleged infringement must be in writing and contain at least the following content:
a) Signature (including advanced or universal electronic signature) of the person or a duly authorized representative of the person - holder of the right that is allegedly infringed;
b) Power of attorney, in case the notification is submitted by proxy;
c) A specific indication of the User Content that is claimed to be infringing (in the event that infringement is alleged with respect to several materials - a comprehensive list of all materials), as well as an indication of an exact URL allowing identification of the User Content from "Vidozzo";
d) Information sufficient for Vidozzo to contact the person submitting the notification - such as full names, address, telephone and e-mail address;
e) A statement by the person submitting the notification that they have a good faith belief that the use of the User Content in the manner described is not permitted by the holder of the intellectual property rights, its representatives and agents, or by law;
f) A declaration that the information in the notification is true and that the person submitting it is acting as the holder of the right that is allegedly infringed, or his proper representative and, accordingly, evidence certifying the ownership of the rights.
"Vidozzo" at its discretion, takes the actions specified in these General Terms and Conditions.
9.9. In the event that the USER considers that access to User Content published by him is unreasonably restricted, he should send a written notification to "Vidozzo" with the content and in the order provided in item 9.8. After receiving the notification, "Vidozzo" forwards it to the USER who submitted a notification under item 9.8. and at its discretion, take the actions specified in these General Terms and Conditions.
H. RESPONSIBILITY. LIMITATION OF LIABILITY
10.1. Vidozzo takes care to enable the USER to use the Services normally, but does not have the obligation and does not guarantee that the Services provided free of charge will satisfy the USER's requirements, nor that they will be continuous, timely or secure. By accepting these General Terms and Conditions, the USER declares that the use of the provided Services will be entirely at his own risk and responsibility, and the parties agree that "Vidozzo" is not responsible for any damage caused to the USER when using the provided Services, unless caused by "Vidozzo" intentionally or with gross negligence.
10.2. "Vidozzo" is not responsible for the User Content, as well as for the activity of the USER in connection with the use of the Services. In addition, "Vidozzo" is not responsible for damages caused to other USERS when accessing or using this content provided to them by the USER or made available through the "Vidozzo" Website.
10.3. "Vidozzo" is not responsible for the availability and quality of goods and the content of services brought to the attention of the USER by publishing on the Website electronic references, advertising banners and announcements for the sale of goods and the provision of services by third parties and/or by attaching of such to the text of the commercial messages sent to him at the e-mail box address indicated by him during his registration or through the electronic message exchange system incorporated in the vidozzo.com Website. To the extent that the actions of these third parties are not under Vidozzo's control, Vidozzo is not responsible for the illegal nature of the activity of the third parties or for the origination, guarantee, execution, amendment and termination of obligations and commitments in connection with the offers of the third parties. goods and services, and is not responsible for damages suffered and lost benefits arising from these relations.
10.4. "Vidozzo" is not responsible for non-provision of services in the event of circumstances beyond its control - in cases of force majeure, random events, problems in the global Internet network and in the provision of services beyond the control of "Vidozzo", problems due to the equipment of THE USER, as well as in case of unauthorized access or intervention by third parties in the functioning of the information system or servers of "Vidozzo".
10.5. "Vidozzo" is not responsible for damages caused to the USER's software, hardware or equipment, or for loss of data resulting from materials or resources searched, loaded or used in any way through the Services provided.
10.6. "Vidozzo" is not responsible towards the USER and third parties, for damages suffered and lost benefits, which occurred as a result of the termination, suspension, change or limitation of services, deletion, modification, loss, unreliability, inaccuracy, or incompleteness of messages, materials or information, used, recorded or made available through the vidozzo.com Website.
10.7. The parties accept that "Vidozzo" is not responsible for the non-provision of the Services or their provision with degraded quality as a result of tests carried out by "Vidozzo" for the purpose of checking equipment, connections, networks and others, as well as tests aimed at improvement or optimizing the Services provided. In these cases, Vidozzo notifies the USER in advance of the possible temporary non-delivery, respectively of the deteriorated quality of the Services.
10.8. By accepting the present General Terms and Conditions, the USER declares that he is aware of the possibility of possible interruptions and other types of difficulties when establishing the Internet connection to the vidozzo.com Website, which may occur regardless of the care taken by Vidozzo. The USER declares that he will not claim any compensation from "Vidozzo" for lost profits, suffered damages or inconveniences, as a result of the occurrence of the above-mentioned interruptions or difficulties in the Internet connection, including in relation to the capacity of this connection.< /p>
10.9. "Vidozzo" is not responsible and does not owe compensation to a person whose personal data was used by another person for the use of the Services provided by "Vidozzo", regardless of whether or not he gave his consent to this.
XI. RIGHTS OF "Vidozzo" IN CASE OF BREACH OF USER OBLIGATIONS
11.1. "Vidozzo" has the right at any time and without prior warning to suspend access to any content located on the vidozzo.com Website by the USER, which it considers to be contrary to the current Bulgarian legislation, these General Terms and Conditions or the rights and legitimate interests of third parties persons; to stop, limit or change the Services provided to the USER, as well as to refer the competent state authorities, if the USER's behavior, in Vidozzo's opinion, violates provisions of the current Bulgarian legislation, these General Terms and Conditions or the rights and legitimate interests of third parties persons.
11.2. Upon receipt of claims from third parties that published User Content on the vidozzo.com Website infringes their intellectual property rights, as well as in the event that the USER infringes an intellectual property right of "Vidozzo", "Vidozzo" has the right at its discretion and without prior notice to suspend access to such User Content until such dispute is resolved by an act of competent governmental authority. Upon receipt of an order from competent government authorities regarding User Content, Vidozzo has the right, without prior warning, to suspend access to such User Content or to take other actions in accordance with the order received.
11.3. "Vidozzo" has the right, without notice, to deactivate the password for access to the USER's user profile in the event that, at the discretion of "Vidozzo", the USER violates provisions of current Bulgarian legislation, these General Terms and Conditions or the rights and legitimate interests of third parties. In these cases, "Vidozzo" has the right to terminate the USER's registration and to delete from its servers all User Content located by him. The contract with the USER is considered automatically terminated from the date of termination of his registration.
11.4. When it receives information that gives sufficient grounds to assume that the behavior of the USER when using the Services of the vidozzo.com Website by the USER could constitute a crime or an administrative violation, "Vidozzo" has the right, at its discretion, to refer the competent state authorities, by providing them with the necessary assistance and all the necessary information and materials requested in due course, which would help to identify the perpetrator and prove the crime or administrative violation committed.
11.5. In the above cases, "Vidozzo" is not responsible for damages suffered and lost benefits by the USER or third parties, which occurred as a result of the suspension, modification or limitation of the Services, termination of the contract or provision of information or execution of the orders of the competent state authorities.
XII. INDEMNIFICATION
12.1. The USER is obliged to indemnify Vidozzo and all third parties for all damages and lost benefits suffered by them, including for paid property sanctions, attorney's fees and other costs, as a result of claims made by and/or compensation paid to third parties in connection with materials that the USER has disclosed to third parties or made available through the use of the Services provided by "Vidozzo" in violation of Bulgarian legislation, applicable foreign laws, these General Terms and Conditions or good morals, as well as in connection with other violations of his obligations under these General Terms and Conditions.
12.2. Apart from the above, the USER undertakes to indemnify "Vidozzo" for all damages caused as a result of the use of the provided Services by third parties to whom the latter has provided their password in violation of these General Terms and Conditions.
12.3. Parents exercising parental rights, guardians or custodians of a minor are responsible for all damages caused by the same to "Vidozzo" and to third parties during the registration and use of the Services - subject to these General Terms and Conditions, as well as for all consequential damages indication of incorrect data or untruthfulness of the declaration under item 3.4, last sentence.
12.4. The obligations of the persons under this item 12 continue to apply even after the termination of the contract with the USER.
XIII. PROTECTION OF PERSONAL DATA. INFORMATION STORED IN THE USER'S END DEVICE ("cookies")
13.1. Vidozzo has the right to collect and use information about USERS. The information by which the person can be identified may include name, surname, date of birth, gender, place of residence, as well as any other information that the USER voluntarily enters, uses or provides when using the services of the vidozzo.com Website. For the avoidance of doubt, User Content is not considered personal data and is therefore not subject to the protection afforded to the USER's personal data under these Terms and Conditions.
13.2. Every registered USER, through their username and password, has the right to access their user profile, where they can correct and update their personal data stored by "Vidozzo". When the USER posts User Content on the vidozzo.com Website, posts comments or sends messages, his Username is available to all other USERS who can send him messages and comments through the USER electronic messaging system. Also, for all other USERS who have visited the USER's user profile, the information provided by the USER about username, place of residence, age, date of registration, date of last login, provided description and other data provided by the USER is available. By agreeing to these General Terms and Conditions, the USER also gives his express consent for the specified data to be available to all users of the vidozzo.com Website.
13.3. "Vidozzo" takes due care for the collection, processing and storage of USERS' personal data, in strict compliance with the provisions of the Personal Data Protection Act.
13.4. "Vidozzo" takes due care and is responsible for protecting the information about the USER, which became known to him on the occasion of providing the Services, subject to these General Terms and Conditions, except in cases of force majeure, accidental event or malicious actions of third parties, as well as in the cases where the USER himself made this information available to third parties.
13.5. In the registration form filled in by the USER when concluding the contract, "Vidozzo" clearly indicates the mandatory or voluntary nature of providing the data and the consequences of refusing to provide it. By expressing agreement with these General Terms and Conditions, the USER agrees that his/her information will be processed in the order provided for in them.
13.6. "Vidozzo" collects and uses the information under item 13.1 for the purposes provided for in these General Terms and Conditions, as well as for offering new services to users, offering goods and/or services offered by others, for promotions, organizing raffles, inquiries , for statistical and any other purposes, as by registering to use the Services, the USER agrees to receive commercial messages sent by Vidozzo. The described purposes for which the information can be used are not exhaustively listed and do not give rise to obligations for "Vidozzo".
13.7. By accepting these General Terms and Conditions, the USER agrees to the processing of his personal data for direct marketing purposes. The USER has the right to object to the processing of his personal data for the purposes of direct marketing by sending a written message to "Vidozzo" at the specified address or e-mail for contacts. The USER has the right to be notified before his personal data is disclosed for the first time to third parties or used on their behalf for direct marketing purposes and to be given the opportunity to object to such disclosure or use.
13.8. "Vidozzo" undertakes not to edit or disclose any personal information about the USER or his use of the Services and not to provide the collected information to third parties - government bodies, commercial companies, individuals and others, except in cases where:
a/ this is provided for in these General Terms and Conditions or the USER has given his express consent during registration or at a later time;
b/ this is necessary for the fulfillment of a legally established obligation of "Vidozzo";
c/ the information is requested by state bodies or officials who, according to the current legislation, are authorized to request and collect such information in compliance with the legally established procedures;
d/ the information regarding personal data is provided to employees or subcontractors of "Vidozzo" for the administration of the same and the use of the Services;
e/ other cases specified in the law.
13.9. When using the vidozzo.com Website, Vidozzo has the right (but not the obligation) to automatically save certain information that the USER's computer or other end device sends to a Vidozzo server in connection with the USER's activity. The information is stored in log files on "Vidozzo" servers and may include the IP address of the USER, date and time when the corresponding page of the vidozzo.com Website was visited, the time spent on it, etc. In addition, Vidozzo stores the IP address of the USER, as well as any other information necessary to identify the USER and reproduce his electronic statement under item 3.5. for acceptance of the General Terms and Conditions, in the event of a legal dispute.
13.10. "Vidozzo" has the right (but not the obligation) to install on the USER's computer or other end device cookies (cookies) - small text files that are saved from an Internet page through an Internet server on the USER's hard drive and enable the restoration of information about the USER, identifying the terminal device and/or browser used by him. Cookies may also be installed by third parties in order to advertise goods and services of interest to the USER during his visit to the vidozzo.com Website and other websites he visits.
13.11. When providing the services, Vidozzo stores information and receives access to such information stored in the USER's end device and accordingly processes it for the purpose of:
- Ensuring normal and quality access of the USER to the Services with all their functional capabilities;
- Checking for the availability of scripts, software applications and settings on the USER's end device necessary for the normal access and use of the Services and informing him of their absence;
- Track and prevent multi-accounting (registration and use of multiple user profiles by one person) and malicious actions;
- Visualization or non-visualization of elements of the vidozzo.com Website that have specific requirements compatible or incompatible with specific properties, qualities or settings of the USER's end device (e.g. screen width; resolution, etc.); li>
- Ensure automatic forwarding between normal and mobile version of the vidozzo.com Website;
- Customizing the Services and providing automated display or hiding of various elements of the vidozzo.com Website according to the USER's preferences and settings.;
- Advertising and user preference research.
13.12. The cookies used by "Vidozzo" do not store information (personal data) that allows the identification of the USER as a natural person, but only aims and ensures the identification of the browser and/or end device used by the USER.
13.13. The cookies used by Vidozzo may store information about keywords that describe the videos watched by the USER, but do not store a history or description of the specific videos watched by the USER.
13.14. The USER has the right at any time to refuse the storage and/or access to the information stored in the end device used by him. The prohibition and/or deletion of cookies (cookies) by the USER may lead to the total or partial inability of the USER to access the vidozzo.com Website and/or the Services, to the modification or removal of cookies previously set by him during previous visits to the Website vidozzo.com settings and/or to a significant deterioration of the quality of the Services, for which "Vidozzo" is not responsible.
13.15. The USER has the right at any time to obtain information about the data stored by "Vidozzo" in the end device used by him by sending a corresponding request to "Vidozzo" at the following e-mail address: [email protected]
XIV. TERMINATION AND TERMINATION OF AGREEMENT
14.1. Apart from the cases provided for in these General Terms and Conditions, the contract between the parties is also terminated upon the occurrence of any of the following circumstances:
a/ suspension of "Vidozzo" activity or termination of maintenance of the vidozzo.com Website;
b/ mutual consent of the parties for the termination;
c/ other cases provided for by law.
14.2. In the event of termination of the contract between the parties for any reason, "Vidozzo" has the right to immediately stop the corresponding USER's access to his user profile, terminate his registration and delete from his servers all User Content located by him, at compliance with the requirements of applicable legislation. In the event of termination of the contract, "Vidozzo" is not responsible for damages suffered and lost benefits by the USER or third parties, which occurred as a result of the USER's access to his user profile being suspended, his registration being terminated, the User Content posted by the USER being deleted from Vidozzo's servers, as well as due to the provision of information or execution of orders of the competent state authorities.
XV. OTHER TERMS
15.1. The written statements and communications provided for in the contract and these General Terms and Conditions shall be considered validly made if they are made in the form of a letter with return receipt, facsimile message, e-mail, pressing a virtual button on the vidozzo.com Website and the like, insofar as the statement is recorded technically in a manner that enables it to be reproduced.
15.2. By accepting these General Terms and Conditions and concluding a contract with each other, the parties express their agreement to consider the electronic statements made between them as received upon their entry into the information system indicated by the addressee, without the need for explicit confirmation. When "Vidozzo" is the addressee of the statement, its entry into the POP3 servers of "Vidozzo" is considered to be the entry of the statement into the information system specified by the addressee. When the USER is the addressee of the statement, the receipt of the statement in the information system indicated by the addressee is considered to be received in the electronic mailbox specified during his registration, located on a server within the relevant domain addressing the box.
In the event that the USER has specified an invalid e-mail address, the statement will be considered received only when it is sent by Vidozzo, even if it has not been received.
15.3. The parties agree that in the event that any of the clauses under these General Terms and Conditions is found to be invalid, this will not invalidate the contract, other clauses or its parts. The invalid clause will be superseded by the mandatory norms of the law or established practice.
15.4. The website vidozzo.com is maintained by "Vidozzo" using technical equipment located on the territory of the Republic of Bulgaria. "Vidozzo" does not guarantee and is not responsible for the accessibility and proper provision of the Services on the vidozzo.com Website outside the territory of the Republic of Bulgaria. In the event that the USER uses the Services, subject to these General Terms and Conditions, outside the territory of the Republic of Bulgaria, the USER is solely responsible for compliance with the applicable legislation in accordance with the place of use of the Services.
15.5. The provisions of the current legislation of the Republic of Bulgaria apply to all matters not settled by this contract.
15.6. All disputes between the parties shall be resolved in a spirit of understanding and goodwill. In the event that no agreement is reached, all unresolved disputes arising out of or relating to the contract between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, and disputes to fill gaps in the contract or its adaptation to new circumstances, will be resolved by the competent Bulgarian court in the city of Sofia.
