Terms

The following terms and conditions govern all use of the Bragalia.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by eAnka Design (“eAnka Design”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, eAnka Design’s Privacy Policy) and procedures that may be published from time to time on this Site by eAnka Design (collectively, the “Agreement”).

Acceptance Of Terms

Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by eAnka Design, acceptance is expressly limited to these terms.

Account

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account.

By way of example, and not as a limitation, you agree not to:

• use inflammatory, vulgar, promotional, or rude screen name.
• select or use as a screen name a name of another person with the intent to impersonate that person.
• use as a screen name a name subject to any rights of a person other than you without appropriate authorization.

You must not use keywords in your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and eAnka Design may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause eAnka Design liability. You must immediately notify eAnka Design of any unauthorized uses of your account or any other breaches of security. eAnka Design will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility Of Contributors

If you post a brag, comment on a brag, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, links or graphics. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, and does not contain unethical or misleading commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by eAnka Design or otherwise.

By submitting Content to eAnka Design for inclusion on your Website, you grant eAnka Design a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying your brag. If you request deleting Content in written or by email, eAnka Design will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, eAnka Design has the right (though not the obligation) to, in eAnka Design’s sole discretion (i) refuse or remove any content that, in eAnka Design’s reasonable opinion, violates any eAnka Design policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in eAnka Design’s sole discretion. eAnka Design will have no obligation to provide a refund of any amounts previously paid.

Advertising On Bragalia

Fees And Payment

Additional paid service such as advertising on Website is available. By selecting this service you agree to pay eAnka Design one time fee indicated for that service. Payments will be charged on the day you sign up for advertising service and will cover the use of that service for a precise period of time as indicated. Advertising service fees are not refundable.

Advertising fees are indicated at http://bragalia.com/advertise.html. Applicable fees will be invoiced starting from the day your Advertising service is established and in advance of using such services.

eAnka Design reserves the right to change the fees for advertising service at any time, however this changes will have no effect on already paid services.

Support

eAnka design provides email support for all paid advertising services. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by eAnka Design to respond within one business day) concerning the use of the advertising service.

Restrictions

All Advertising services will be provided in accordance with eAnka Design standard services practices, procedures and policies. It is responsibility of the customer to provide content complying with the Agreement.
Advertising services can be canceled by you at anytime on 30 days written notice to eAnka Design.

Responsibility Of Website Visitors

eAnka Design has not reviewed, and cannot review, all of the material, including computer code, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, eAnka Design does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. eAnka Design disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted On Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Bragalia.com links, and that link to Bragalia.com. eAnka Design does not have any control over those non-Bragalia websites and webpages, and is not responsible for their contents or their use. By linking to a non-Bragalia website or webpage, eAnka Design does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. eAnka Design disclaims any responsibility for any harm resulting from your use of non-Bragalia websites and webpages.

Copyright Infringement

As eAnka Design asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Bragalia.com violates your copyright, you are encouraged to notify eAnka Design with an Infringement Notice. eAnka Design will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of eAnka Design or others, eAnka Design may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, eAnka Design will have no obligation to provide a refund of any amounts previously paid to eAnka Design.

Infringement Notice

If you believe that content available by means of the Website (as defined in eAnka Design’s Bragalia.com Terms of Service) infringes one or more of your copyrights, please immediately notify eAnka Design by means of an emailed notice (“Infringement Notice”) providing the information described below to the email address listed below. If eAnka Design takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to eAnka Design. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.

All Infringement Notices should include the following:

• An electronic signature of the copyright owner or a person authorized to act on their behalf;
• An identification of the copyright claimed to have been infringed;
• A description of the nature and location of the content that you claim to infringe your copyright, in sufficient detail to permit eAnka Design to find and positively identify that content;
• Your name, address, telephone number and email address; and
• A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

Infringement Notices should be sent to info@bragalia.com

Intellectual Property

This Agreement does not transfer from eAnka Design to you any eAnka Design or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with eAnka Design. eAnka Design, Bragalia, Bragalia.com, the Bragalia.com logo, and all other trademarks, service marks, graphics and logos used in connection with Bragalia.com, or the Website are trademarks or registered trademarks of eAnka Design. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any eAnka Design or third-party trademarks.

Modifications Of The Agreement

eAnka Design reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. eAnka Design may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources), as well as change, suspend or discontinue existing services and/or features. Such new features and/or modifications of existing services shall be subject to the terms and conditions of this Agreement.

Termination

eAnka Design may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Bragalia.com account (if you have one), you may simply discontinue using the Website, or request termination in written or by email. Notwithstanding the foregoing, if you are using Advertising service account, such account can only be terminated by eAnka Design if you materially breach this Agreement and fail to cure such breach within thirty (30) days from eAnka Design’s notice to you thereof; provided that, eAnka Design can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer Of Warranties

The Website is provided “as is”. eAnka Design and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither eAnka Design nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation Of Liability

In no event will eAnka Design, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damagaes; (ii) the cost of procurement or substitute products or services; (iii) for interpution of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to eAnka Design under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. eAnka Design shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation And Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the eAnka Design Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless eAnka Design, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between eAnka Design and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of eAnka Design, or by the posting by eAnka Design of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Republic of Poland. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall take place in Cracow, Republic of Poland, in the Polish language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; eAnka Design may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.