GENERAL TERMS AND CONDITIONS
1 Opening Provisions
1.1. The provisions of these General Terms and Conditions shall apply to all Agreements (as defined below) between Ing. Marcela Jenčuráková, Tatranská 21, 080 01 Prešov, Slovak Republic, Identification Number (IČO): 42 231 647, incorporated in Slovak Republic Ministry of Justice. (“Ing. Marcela Jenčuráková”) and whoever is using Services provided by Ing. Marcela Jenčuráková (“Customer”).
1.2. The General Terms and Conditions are published on the website https://www.dogembroideryshop.com and are available to all Customers.
2. Security and Data Protection
2.1 The Account renders access to services provided by Ing. Marcela Jenčuráková. The user's full name, company name, country, valid email address, licensing data and statistic are required for registration and use of the Account and for the purpose of provision and maintenance of services accessed via Account. You hereby agree to data being collected and transferred to Provider's servers or those of its partners, the purpose of which is to ensure functionality of and authorization to use the Software and protection of the Provider’s rights. Following conclusion of these Terms, the Provider or its partners shall be entitled to transfer, process and store essential data identifying You for support purposes, and for the purpose of performance of these Terms.
2.2. You are responsible for the security of your Account and credentials required for logging in. Ing. Marcela Jenčuráková shall not be liable for any loss or damage resulting from your failure to comply with this obligation to maintain security. The User is also responsible for any activity related to the use of the Account, authorized or not. If the Account is compromised, you should notify the Provider immediately. You are authorized to use the Account solely for the purposes and manner for which it is intended under these Terms, individual service terms and documentation.
3.1 Ing. Marcela Jenčuráková and/or its respective suppliers own or can exercise copyright to all software available on these Site(s) (further referred to as “Software“). The Software can be used only in accordance with this General Terms and Conditions.
3.2 Software is provided exclusively to end-users for the usage and it can't be sold to the third person different from purchaser of the Software. Ing. Marcela Jenčuráková and/or its respective suppliers expressly prohibit any Software reproduction and/or spreading that is not in accordance with this General Terms and Conditions. Such action is expressly prohibited by law. Everybody who breaks this General Term and Condition or Law risks the civil and criminal penalties and risks for litigation, in which Ing. Marcela Jenčuráková will demand adequate compensation and reparation for the legal rights violation.
3.3 Ing. Marcela Jenčuráková and/or its respective suppliers further expressly prohibit software spreading and copying, and placing the Software or its copies on other web sites, or any other media. Ing. Marcela Jenčuráková and/or its respective suppliers, if they guarantee the Software at all, they guarantee it only in accordance with this General Terms and Conditions. If not stated otherwise, Ing. Marcela Jenčuráková and/or its respective suppliers declare, that they provide the Software “as is” without warranty of any kind, including warranty of appropriateness on specific purpose and warranty of not breaking other’s legal rights. The above exceptions do not break cogent legal assignments about damage incurred.
3.4. In no event shall Ing. Marcela Jenčuráková and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from the services.
4. Limitation of Liability
To the maximum extent permitted by applicable Law, in no event shall the provider, its employees or licensors be liable for any lost profits, revenue, sales, data or costs of procurement of substitute goods or services, property damage, personal injury, interruption of business, loss of business information or for any special, direct, indirect, incidental, economic, cover, punitive, special or consequential damages, however caused and whether arising under contract, tort, negligence or other theory of liability, arising out of the use of or inability to use the account, even if the provider or its licensors or affiliates are advised of the possibility of such damages. Because some countries and jurisdictions do not allow the exclusion of liability, but may allow liability to be limited, in such cases the liability of the provider, its employees or licensors or affiliates shall be limited to the sum that you paid to provider.
5. Export and Re-export Control
The Account, the software, its components and/or the documentation thereof, shall be subject to import and export controls under legal regulations which may be issued by governments responsible for issue thereof under applicable law, including US Export Administration Regulations, and end-user, end-use and destination restrictions issued by the US Government and other governments. You agree to comply strictly with all applicable import and export regulations and acknowledge that You have the responsibility to obtain all licenses required to export, re-export, transfer or import.
6. Governing Law and Language
These Terms shall be governed by and construed in accordance with Slovak law. The End User and the Provider agree that conflict provisions of the governing law and United Nations Convention on Contracts for the International Sale of Goods shall not apply. You expressly agree that exclusive jurisdiction for any claim or dispute with the Provider or relating in any way to Your use of the Software resides in District Court Prešov, Slovakia and you further agree and expressly consent to the exercise of the personal jurisdiction in the District Court Bratislava I in connection with any such dispute or claim. In the case of discrepancies between the language versions the Slovak version shall always prevail as the Slovak version is deemed original.
7. General provisions
Ing. Marcela Jenčuráková reserves the right to revise these Terms or any portion thereof at any time without prior notice by updating this document to reflect changes to the law or changes to Account. You will be notified about any revision of these Terms by way of Account. If you disagree with the changes to these Terms, you may cancel your Account. Unless you cancel your Account, you are bound by any amendments or revisions of these Terms. You are encouraged to periodically visit this page to review the current Terms that apply to your use of Account.
All notices must be delivered to: Ing. Marcela Jenčuráková, Tatranská 21, 080 01 Prešov, Slovak Republic.