1.1. These General Terms and GTC ("GTC") shall constitute the general legal framework for the use by the Registered Users of Melonpick and shall be binding on the Registered Users.
1.2. The capitalized terms when used herein shall have the respective meanings defined in Article 8 hereof.
2.1. The Registered User may solely be an individual. No registration of legal entities as the registered users is allowed.
2.2. The fundamental condition precedent for the use of Melonpick is the registration by the user. The use of Melonpick is solely allowed to the user who is duly registered on Melonpick (the "Registered User"). The registration shall be done on the relevant page Melonpick all in accordance with the Registration Rules.
2.3. For the purposes of completion of the registration, the applicant Registered User must pay the Identification Fee. The Identification Fee shall be paid in accordance with the Registration Rules in the amount specified therein. Company reserves the right to refuse registration of any applicant at its sole discretion.
2.4. Upon successful completion of registration, Melonpick will automatically generate a personal web account for the Registered User on Melonpick (the "Web Account") through which the Registered User will have the access to certain functionality of Melonpick accessible to Registered Users. The Registered User may access his/her Web Account with the use of the user name and password obtained by the Registered User from Melonpick during the course of registration (or in case of loss of password generated in accordance with the instructions on Melonpick). Company does not assume any responsibility nor liability in case of abuse of the Web Account of the Registered User. The Registered User shall keep the user name and password confidential. The Registered User shall bear any and all liability for any and all operations and actions which occur on the Web Account of the Registered User.
2.5.Each Registered User shall have solely one Web Account. Registered User may not in any case open another Web Account and may not register under different name or under different email address.
2.6. Registration of the Registered User may be immediately terminated by Company in any of the following cases:
a) breach by the Registered User of any obligation under these GTC,
b) breach by the Registered User of applicable law,
c) in case of attempting any manipulation or fraudulent activity in relation Melonpick (for example opening two Web Accounts, colluding with Shops, etc.),
d) in case of suspision by Melonpick of any speculative Purchases by the Registered User, ore) cheating by the Registered User.
2.7. If the Registered User does not use the Web Account for any consecutive period of 12 months, then after these 12 months the Registered User's Web Account may be closed by Company.
3.1. Each Registered User warrants that:
a) he/she has full legal capacity; and
b) the details supplied when opening Web Account are correct; and
c) he/she is the rightful owner of Web Account and the rightful purchaser under the Purchase.
3.2. Company shall have the right to demand, at its sole discretion, at any time following the registration, that the Registered User shall provide Company with an evidence of its identity or its existence. For such purposes Company may require, without limitation, a copy of the valid identity card of the Registered User. In addition, Company shall be entitled to require additional supplementary evidence of identity of a Registered User. Company may copy documents evidencing the identity or existence that has been provided to it and keep such copies on file. If the Registered User does not provide Company with such information then Company may suspend the Web Account until the Registered User has provided us with such information or permanently close the Web Account.
3.3. If Company is unable to confirm that the Registered User has the neccessary age, then Company may
a) close the Web Account and
b) any Guesses made are void and the Registered User must return the winnings, if any.
4.1. The Registered User shall be obligated to comply with any and all safety rules. The Registered User is strictly prohibited:
a) to use the Web Account and/or Melonpick contrary to these GTC,
b) to use the Web Account and/or Melonpick in any manner causing damages to Company,
c) to transfer the Web Account to a third party,
d) to get or attempt to get user names and/or passwords of other Registered Users or Shops,
e) to abuse, block, modify or change the Melonpick,
f) to send or otherwise post unauthorized commercial communications (such as spam) on Melonpick,
g) to collect on Melonpick Registered Users' content or information using automated means,
h) to be part in any multi-level marketing, such as a pyramid scheme, on Melonpick,
i) to insert to the Melonpick data or information which are (i) false, (ii) misleading, (iii) fraudulent, (iv) infringing any third party's intellectual property rights, (v) defamatory (vi) inaccurate (vii) violating applicable law (including but not limited to consumer's protection and unfair competition), regulations and/or administrative arbitration or court decisions binding on the Registered User in this specific case, (viii) unlawfully threatening, (ix) obscene, (x) unethical (xi) containing child pornography and/or (xii) referencing to the products, services or websites which includes any of the foregoing data or information.
j) to upload files that contain viruses, Trojan horses, time bombs, corrupted files, or any other similar software or programs that may damage the operation of Melonpick or any third party's files, data, software, hardware or other property,
k) to bully, intimidate, or harass any Registered User or Shop,
l) to post content that is pornographic; incites violence; or contains nudity or violence,
m) to do anything that could impair the proper working of Melonpick,
n) to post content or take any action on Melonpick that infringes or violates someone else's rights or otherwise violates the law. Any such content may be removed by Melonpick,
o) to post anyone's identification documents or sensitive financial information on Melonpick and
p) to create a false identity.
The company cannot guarantee the safety of Melonpick.
4.2. Company will not be liable for any loss or damage which any Registered User may incur as a result of collusive, fraudulent or otherwise illegal activity, or cheating, and any action Company take in respect of the same will be at our sole discretion.
5.1. The Registered User shall be obligated to use Melonpick in compliance with these GTC and any and all applicable law.
5.2. Company shall be entitled to audit any and all performance of the Registered User on Melonpick. Company reserves the right to terminate at any time the Registered User's access to Melonpick as well as any ongoing Guesses on Melonpick in the event that the Registered User breaches any of its obligations set forth by the these GTC and/or the applicable law or in the event of technical or legal impossibility to continue with the operation of Melonpick. In addition, Company reserves the right to remove from Melonpick any and all data and information placed by the Registered User on Melonpick which are violating any of provision of the these GTC and/or applicable law.
5.3. The Registered Users shall, at its own cost, use such hardware and software platform which will enable the correct connection to Melonpick, and allow the proper utilization of the functionality of Melonpick in accordance herewith.
5.4. For the avoidance of doubt no Intellectual Property Rights related to Melonpick is or will be transferred to the Registered User.
5.5. The Registered User shall not insert to Melonpick data or information which are in any aspect infringing Melonpick or any third party's Intellectual Property Rights. The Registered User, at its expense, shall defend and hold harmless and indemnify Company and any of its affiliates, officers, employees, agents, advisors and consultants against all and any claims or justified demands (and any associated costs resulting therefrom) by a third party whose Intellectual Property Rights the Registered User has infringed or allegedly infringed by or in connection with the usage of Melonpick.
6.1. The services provided by Company to the Registered User shall be provided „as is". Company does not provide any warranties related to the functionality and availability of Melonpick. Company does not warrant that: (a) Melonpick will be functional 24 hours a day 7 days a week, and that (b) Melonpick will be free of any errors and defects. For the avoidance of doubt, Company shall not be liable, including, without limitation, for and damages or any other negative consequences resulting from or associated with:
a) Registered User's breach of any of its obligation under these GTC;
b) any modification or destruction of data files, programs or other equipment, processes and/or disclosure of information of the Registered User caused by an accident, unauthorized access or illegal processes;
c) acts of any governmental authorities or courts; and
d) the denial or late issuance of necessary permits by applicable authorities.
6.2. Company shall not be liable for any input, transmission or evaluation errors. Company shall have the right to repair obvious errors in relation to Web Accounts. Company will inform the respective Registered User of the corrections immediately.
6.3. Any claims for damages resulting from for Melonpick system breakdowns, defects or improper data transmission raised by Registered Users against Company are excluded. Company shall not be liable for any indirect, consequentional, punitive damages nor any loss of data. Any Company' liability is limited to the amount of the owed winnings to the respective Registered User.
6.4. Company further reserves the right to cancel guesses even subsequently if any such guess was won by the Registered User as a result of a technical error subject to Company being able to prove the technical error.
6.5. Company assumes no liability for damages whatsoever, arising through any abuse of the Web Accounts.
6.6. Company reserves the right to exclude any Registered User from participating in any of the competitions organized by Company at its discretion.
6.7. Company notifies Registered Users that making guesses by Registered Users may be subject to legal restrictions and even prohibition in some countries, even if Company has obtained the relevant permits. In particular, Company is not responsible for disadvantages whatsoever arising for the Registered User from the prohibitions thereof.
6.8. The Registered User acknowledges and confirms that any Purchase shall be exclusively a transaction and legal relationship between the Registered User and the respective Shop. Accordingly, Company shall not be part of any such transaction (Purchase), shall not incur any obligations under such transaction (Purchase) and shall not be liable and responsible for any performance or non-performance by either party to the Purchase (nor for any claims under warranties related to such Purchase). For the avoidance of doubt, Company shall not be liable and/or responsible for any consequences related to or arising as a result of:
a) the truth and legality of the Shop's offers, proposals and their business activity;
b) the quality, safety or legality of the items which are subject to the respective Purchase between any Registered User and any Shop;
c) the actual completion and fulfillment of the transaction between any Registered User and any Shop (including any warranty claims there under);
d) any breach of intellectual property rights in information or data supplied by any Registered User or any Shop;
e) any non-observance by any Registered User or any Shop of the relevant instructions or recommendations that Company may issue from time to time in connection with the use of Melonpick;
f) any breach of the Intellectual Property Rights in the goods and/or services which are offered for transaction or marketed by the Shop on Melonpick; and
g) failure by Registered User or the Shop to use such hardware and software platform which shall enable the correct connection to Melonpick, and allow the proper utilization of the functionality of Melonpick in accordance herewith.
6.9. Each Registered User confirms that he/she acknowledges that no express or implied warranties are provided and the use of Melonpick may bear certain risk which is accepted by the Registered User.
7.1. The Parties agree that no agency, partnership, joint venture or employee-employer relationship is intended or created between the Registered User and Company.
7.2. If any provision of these GTC is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions. The parties hereby agree to reach an agreement in respect of a new contractual provision in replacement of the original invalid and unenforceable one. Such new provision shall express, to the maximum legal extent possible, the will of the Parties reflected in such invalid or unenforceable provision.
7.3 These GTC shall be governed by and shall be construed in accordance with the laws of the Slovak Republic.
7.4. The place of performance for all obligations arising from Guesses is the Slovak Republic. Any disputes arising out of or in connection with the relationship between Company and any Registered User is subject to the jurisdiction of the court of Slovakia.
7.5. Each Registered User must agree to these GTC before completion of his/her registration process by clicking on the respective icon during the registration process. Anyone, who does not agree to these conditions as mentioned in the previous sentence, may not use Melonpick.
7.6. Company may amend and/or supplement these GTC at any time in accordance with changes in the applicable legal and business environment and in accordance with its business policy. Company will publish the fully updated and valid text of these GTC from time to time on Melonpick. Each Registered User may express its disagreement to such amendments to these GTC in a written notice delivered to Company within 15 days from the publication of the amendments and/or supplements to these GTC on Melonpick. If the Registered User fails to do so, such amendments to these GTC shall become effective as of the date set forth therein, provided that the Registered User (i) following the receipt of such amendments to these GTC, performs any legal act towards Company, or (ii) continues to use Melonpick in a manner. If the Registered User notifies Company of its disagreement to amendments to these GTC within such time limit, Company shall be entitled to terminate any business relationship with the Registered User with immediate effect.
7.7. Each Registered User acknowledges that the following documents constitute an integral part of these GTC: the Guess the Winner Rules, Registration Rules, Payment Rules and Privacy Rules.
The terms in this GTC commencing with capital letters shall have the meaning specified below, unless expressly specified otherwise:
a) Company means Melonpick s.r.o, registered and existing under the laws of Slovakia.
b) Guess means the pick by the Registered User of a Winner of a Golf Tournament in accordance with the Guess the Winner Rules.
c) Guess the Winner Rules means the then current Guess the Winner Rules issued by the Company and displayed on Melonpick.
d) Payment Rules means the then current payment rules issued by the Company and displayed on Melonpick.
e) Purchase means a purchase of goods or services by the Registered User in the Shop with the use of Link to such Shop or other purchase by the Registered User in the Shop using Registered User Code, provided that the purchase had been realized after the respective Shop became a member of Melonpick. The Purchase means purchase of all items included in one Confirmation.
f) Registered User shall have the meaning determined in the General Terms and Conditions.
g) Registered User Code shall mean the unique code attributed to the Registered User by Melonpick upon the completion of the registration on Melonpick.
h) Registration Rules means the then current registration rules issued by the Company and displayed on Melonpick.
i) Melonpick means web application operated by the Company at www.Melonpick.com.
j) Shop shall have the meaning determined in the General Terms and Condsitions Shopping Park.
k) Web Account means the personal web account attributed to the respective Registered User on Melonpick by Company upon the completion of registration by the Registered User with Company in accordance with the GTC.
1. Melonpick.com contains (or you may be sent through the Site to) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content").
Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies contained in the Third Party Sites or the Third Party Applications, Software or Content.
Inclusion of, linking to, or permitting of the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
2. Melonpick.com mobile apps are not products, nor are affilieted by any way to Apple Coproration, nor to any other Third Party. All products, contest prizes or winnings are not Apple products and are not associated by any way to Apple Corporation. Apple is not a sponsor, partner nor affiliate to, nor it is involeved in Melonpick.com content, competitions, contests or prizes in any manner. Reference to any Apple products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by Melonpick.com.