Corporate Identity s.r.o. recorded in the Commercial Register kept by the Municipal Court of Prague, File No.: C 99931 (hereinafter referred to as “we” or the “Provider” welcomes you (hereinafter referred to as “you” or the “User”) on our website locoloader.com (hereinafter referred to as the “Website“). These terms and conditions of use (hereinafter referred to as the “Terms”) shall govern your access to the Website, its use, and use of the Platform and the Services (as defined below).
By means of our Website or by other means, we enable you to use the computer platform “Locoloader” (hereinafter referred to as the “Platform”).
The Platform is a computer system operated by the Provider, remote access to which is available by means of servers within the locoloader.com domain or other domains (so-called “cloud system”). In addition to other things, the Platform makes it possible to:
Extract URLs of multimedia files hosted on supported third party websites;
Upon subscription on the Website, a user account shall be created for you. During Subscription as well as at any later time you use the account and/or communicate with us, you are obliged to provide us with accurate and true data. Should any of the identification information be amended in the future, your obligation is to update such information in the Platform or in your user account without undue delay. You are also obliged to protect the login details of your account and to prevent any third parties from using your account. We shall not be liable for any misuse of your account due to the breach of the aforementioned obligations. Moreover, we shall be authorised to block your account or delete it completely including all the data provided therein; you agree that such action shall be followed by no compensation. The breach hereof with the consequences as stipulated in the sentence above shall mean, in addition to other cases, when you create (directly or by means of a third party) multiple user accounts (even for the use of various email addresses); unless otherwise agreed by us in writing (i.e. also by email), each user may create and use one user account at the most.
You shall: (i) notify us immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of content or infringement of our Platform, Website that is known or suspected by you; and (iii) not impersonate our another user or provide false identity information to gain access to or use the Platform, Website.
You acknowledge that our Website, the Platform (and software and applications associated therewith) provided by us are protected by Act No. 121/2000 Sb., on Copyright and on Related Rights and on Amendments to Certain Acts (the Copyright Act), as amended, and by other related legal regulations (hereinafter referred to as the “Copyright Act” or the “Copyright”). We alone shall own all right, title and interest, including all intellectual property rights to the Website, Platform and other Services (or any outcome of such Services) within the maximum scope admissible by law (except for the rights that we exercise in compliance with a license granted to us by third parties). Furthermore, we shall own any suggestions, ideas, enhancement requests, feedback, recommendations or other information related to the Website and Platform. You acknowledge that any use of the software, systems, and functionalities of third parties available on the Website or the Platform shall be governed by special license terms of owners of the relevant copyright or open-source licenses that you must adhere to (by using the relevant software, system or functionality, you confirm to have been familiarised and agree with the license terms of the relevant third parties). Should you breach any of those terms, we shall not be liable for any such action.
In order to use the Website, Platform or Services provided by us, we provide you with a non-exclusive license without territorial restriction (i.e. worldwide license). Within the scope of the license, you may use the Website or the Platform in their unchanged form (excluding the amendments, modifications, and updates of the Website or the Platform performed by us) for the purpose for which the Website or the Platform has been designed (as defined in Article 2 hereof) and in the manner and within the scope of these Terms. We shall grant you the license exclusively for the use of the Website and the Platform on our servers, or the servers maintained by us or designed for such purpose (e.g. Linode or GitHub).
Within the license you may not modify, adjust or connect the Website or the Platform (or any parts of it whatsoever) or its name with any other copyrighted work or use it in a collective work. Your right to use the Website and the Platform in compliance herewith and within the scope of their common functionality (i.e. to create your own work within their scope, e.g. the Configuration) shall not be affected. Furthermore, you may not create any reproductions of the Website or the Platform (or any parts of it whatsoever), of our software, and of applications (in any form), or to disseminate them except such parts of them that are open-source (i.e. so-called free license). You may not provide the license as a whole or any authorisations forming the part thereof wholly or partially to a third person (to provide a sub-license) and neither may you assign any rights and obligations arising from the license.
The provided license or the Terms shall not transfer any of our intellectual property rights to you (including the rights to trade-marks or brands or names). We neither provide you with any other license than the license specified explicitly hereby.
Should you breach these Terms in any way or had you breached them in the past, we may reject or disable your license provision, use of the Website and Platform.
You may use the Platform and other Services solely for the purposes of multimedia links extraction from list of supported websites. As a condition of your use of the Website and Platform:
We are not obliged to verify the manner in which you or other users use the Website, Platform and we shall not be liable for the manner of such usage. We assume that you use the Website and Platform legally and ethically and that you have obtained permission, if necessary, to use it on the targeted websites and/or other data sources.
In compliance with the provision of Section 5 of Act No. 480/2004 Sb., on certain Information Society Services and on Amendments to some Acts (Act on Certain Information Society Services), as amended, we shall not be liable for the contents of the information that you save on our Website, Platform or by means of them.
We shall not be liable for any of your unlawful actions in connection to the usage of the Website and Platform with respect to third parties (e.g. breach of intellectual property rights, rights to the name or company name, unfair competition, breach of terms of websites or applications and programs of third parties).
We shall not guarantee or be liable for the availability of the Website and Platform (or products arising therefrom) or for their performance, reliability or responsiveness or any other performance or time parameters. We shall neither be liable for the functionality or availability of the services of other providers that we mediate to you solely. We shall neither be liable for your breach of service usage terms of such providers.
WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM AND ITS FUNCTIONALITIES OR ANY CONTENT. WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE OR PLATFORM WILL BE COMPLETELY SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, PLATFORM (AND ITS FUNCTIONALITIES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE WEBSITE, PLATFORM AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE, PLATFORM (AND ITS FUNCTIONALITIES) AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY US.
We shall not be liable for any defects of the Website, Platform (or its functionalities) arising due to unauthorised interference with the Website, Platform or the use of Platform contradictory hereto. We shall neither be liable for errors with respect to the function or non-function of the Website and Platform arising due to the changes of third-party websites (i.e. website from which the relevant crawler is to extract data) upon the crawler creation.
EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) OUR AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO US BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM. Each party acknowledges that the other party has agreed to these terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, and power failures.
You agree to indemnify, defend and hold us, our agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant partner(s), licensors, licensees, consultants and contractors) (“Indemnified Person(s)”) harmless from and against any third-party claim, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of your use of the Website and/or Platform and/or your breach of any of these terms. You acknowledge and agree that each Indemnified Person has the right to assert and enforce its rights under this section directly on its own behalf as a third-party beneficiary.
Locoloader is a free online service that allows users to get direct links to publicly available multimedia files from supported websites. These links are meant to be used for back up the linked files for further personal use and storage. The service doesn't take any responsibility for copyright infringement caused by separate users. Also please keep on mind, that we don't process, store, stream or even touch linked multimedia files and we are not able to remove these files from supported websites.
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Locoloader with the written information specified below.
Notice of claims of copyright infringement on this Website can be send to:
Subject: CRI Notice
Upon receive of valid notification, as required by law, we will suspend access to Content from our website.
Within the scope of your user account on the Website or by means of the Website, you may order a paid license to use the Platform (an extended paid version as opposed to the basic version that is free of charge) in compliance with the up-to-date information and prices provided for the given license on the Website or as agreed with us individually.
Your orders made by means of the Website shall be binding. By entering the relevant details of your debit or credit card during the order-making process, you agree that the price of the ordered license or Service shall be deducted from the card.
Unless agreed otherwise , you shall pay the remuneration for the license to use the Platform on a monthly or yearly basis or another basis selected when making the order (“Billing Period”). The Billing Period shall commence on the date of your first payment. The remuneration is payable at the first date of the Billing Period for which it is valid. You agree that the remuneration for the relevant Billing Period shall be deducted by us from the debit or credit card the details of which were provided by you when ordering the relevant license.
We are a value-added tax (VAT) payer in compliance with the tax laws of the Czech Republic.
The amount you are to pay shall always be deemed as paid for when credited to our bank account or our other electronic accounts held with a provider of payment services (e.g. PayPal or Braintree).
We shall not refund any remuneration or other amounts paid by you to us.
You hereby agree to pay all applicable fees and/or charges under these terms, including any applicable taxes or charges imposed by any government entity, and that we may change its pricing at any time. There are no refunds for payments made once Services have been rendered or license provided. If you dispute any charge made for your use of the Platform, licenses or Services, you must notify us in writing within fifteen (15) days of any such charge; failure to so notify us shall result in the waiver by you of any claim relating to any such disputed charge. Charges shall be calculated solely based on invoicing records maintained by us for purposes of billing. No other measurements or statistics of any kind shall be accepted by us or have any effect under these terms.
If you request a chargeback and the chargeback is deemed by the card company to be ineligible, you will be charged a fee of USD60, which you must pay to the bank account IBAN CZ3920100000002400331123 no later than 14 days after the chargeback is closed by the card company. The payment must include your customer ID as a payer reference, which can be found on every Locoloader invoice.
In the event that you fail to pay the fee within the time limit set out above, you will be fined a penalty of USD60 for each month the ineligible chargeback fee is overdue.
If the IBAN payment does not include the customer ID and you do not provide bank-certified proof of payment, it cannot be used to pay the above fee or fine.
For your convenience, you may receive a reminder of this Terms and Conditions on your registration email.
If you do not know how to make a payment to an IBAN account, contact the financial institution that issued the credit card with which you made the Locoloader payment.
During the term of your use of the Website or Platform, licenses granted under these terms and for a period of two (2) years following the termination or expiration of your subscription, each party agrees not to disclose Confidential Information of the other party to any third party without prior written consent except as provided herein (hereinafter referred to as the “Confidential Information”). Confidential Information includes (i) subscription account data, including agent definitions, Customer Data, (ii) except as provided in subsection (i) above, any other Website, Platform or Services information or access to technology prior to public disclosure provided by us to you and identified at the time of disclosure in writing as “Confidential.” Confidential Information does not include information that has become publicly known through no breach by a party, or has been (i) independently developed without access to the other party’s Confidential Information; (ii) rightfully received from a third party; or (iii) required to be disclosed by law or by a governmental authority.
Unless mutually agreed otherwise in writing, the license agreement and the agreement on the provision of other Services concluded by and between us shall be for an indefinite period of time. Either we or you may terminate any such agreement by cancelling your user account on the Platform (user account may be cancelled in the account settings). In the event of the agreement termination or user account cancellation, you shall not be entitled to the refund of any remuneration you already paid to us (see Article 11, Payment Terms).
In the following cases we may further withdraw from an agreement concluded with you (by cancelling your user account) with immediate effect:
Should you be in delay with payment of any amounts due to us for more than three days;
When terminating the license agreement or cancelling your user account, we may eliminate any data entered in the user account and gathered there.
If necessary (including but not limited to the market development, development of the Platform and related technologies and with respect to new risks associated with the Platform and the safety of its use), we may unilaterally amend the version hereof. Similarly, with respect to the market development we may unilaterally amend the remuneration amount of the license for use of the Platform or the remuneration for the Services. We shall notify you of such an amendment at least 30 days in advance before its effectiveness by displaying the notification in your user account or otherwise on the Website or the Platform. Should you disagree with such an amendment, you may withdraw from the relevant agreement effective as at the date of the effectiveness of the announced amendments by cancelling your user account (cancellation may be performed in your account settings). In the event of the agreement termination and user account cancellation you shall not be entitled to a refund of any remuneration paid to us already (see Art. 11, Payment Terms). Provided you shall not cancel your user account before the effective date of the amendment, you shall be deemed to agree with such an amendment.
These Terms and any other contracts and legal relationships concluded by and between us (unless otherwise explicitly provided) shall be governed by the laws of the Czech Republic. Any disputes arising here from between us shall be resolved by the courts of general jurisdiction in the Czech Republic.
You agree that we may use your name, company name and logo as a reference in all types of promotion materials for marketing purposes free of charge.
Locoloader is a trademark of Corporate Identity s.r.o.
Provided that we enter into a separate written license agreement or another contract with you provisions of which deviate herefrom, such different provisions shall take precedence over the respective provisions of these Terms.
Should any of the provisions hereof be ascertained as invalid, ineffective or unenforceable, upon mutual agreement such a provision shall be replaced by a provision whose sense and purpose comes as closely as possible to the original provision. The invalidity, ineffectiveness or unenforceability of one provision shall not affect the validity and effectiveness of the remaining provisions hereof.
Unless otherwise provided hereby, any changes and amendments hereto may only be made in writing.