CONCEPTS
1.1. The Company - Naujienų agentūra ELTA, UAB, legal entity code 306091052, VAT payer code LT100015120914, registered office address Didžioji g. 14-1, LT-01128 Vilnius, mailing address Gynėjų g. 16, LT-01109 Vilnius, e-mail address [email protected] telephone +370 682 555 20. Data on the Company shall be collected and stored in the Register of Legal Entities.
1.2. Intellectual property rights - rights in patents, inventions, trade secrets and other rights in know-how (including any extension or renewal), copyrights, related rights, rights conferring equivalent copyright protection, rights in database, software, source code, access data, registered designs, unregistered design rights, industrial designs and utility models, trademarks, trade names, logos, slogans and marks that are not registered, domain names, business names, and all registrations or applications for registration of any of the above in any country or jurisdiction;
1.3. Website - the website located at www.elta.lt/en and operated by the Company.
1.4. User - any natural or legal person (or their representative) using the Website and/or the Services.
1.5. Account - is the result of the User's (User's representative's) registration on the Website, through the creation of a personal account where the User's data is stored and through which the Services are accessed.
1.6. Services - The website lists the services offered by the Company: news subscriptions, press releases, photo reports, video bank, conferences. A more detailed description of the Services is available on the Website.
1.7. Privacy Policy - A document drawn up by the Company which sets out how the personal data provided by Users (Users' representatives) is processed. The Privacy Policy is available here: https://elta.lt/en/privacy-policy.
1.8. The Agreement - a separate written agreement between the Company and the User for the provision of specific Services.
1.9. Party - Company or User.
1.10. Parties - the Company and the User together.
1.11. Rules - these General Terms and Conditions of Use of the Website.
1.12.Third party - any natural or legal person who is not a Company or User.
APPLICATION OF THE RULES
2.1. These Terms and Conditions shall apply when a User visits the Website and/or registers an Account and/or uses the Services. The Terms shall be deemed to be a legally binding agreement between the Company and the User.
2.2. By using the Website, the User confirms that he/she has read these Terms and Conditions in detail, agrees to the provisions set out therein and undertakes to comply with them when using the Website and/or registering his/her Account and/or using the Services. By registering an Account, the User also confirms his/her knowledge of and acceptance of the Terms and Conditions by ticking the appropriate box.
2.3. By using the Website and/or registering an Account and/or using the Services, the User also confirms that he/she has read and understood the Privacy Policy.
2.4. The Company assumes no risk or liability if the User has not read the Terms and Conditions in whole or in part, despite having been given the opportunity to do so.
2.5. The provisions of the Contract and these Terms and Conditions shall apply to the purchase and use of the Services to the extent that they are not inconsistent with the terms of the Contract.
USER RIGHTS AND OBLIGATIONS
3.1. The User has the right to:
3.1.1. use the Website in accordance with these Terms and Conditions, other information published on the Website and applicable law;
3.1.2. other rights provided for in these Terms and Conditions and applicable law.
3.2. The User undertakes to:
3.2.1. to use the Website and/or the Services in good faith and in accordance with the Terms and applicable law;
3.2.2. only use the correct data to create an account. Not to use the identity of a Third Party or create Accounts in the name of non-existent persons;
3.2.3. to update any data in the Account if it is incorrect or has changed;
3.2.4. not to pass on your Account login details to third parties. If the User loses his/her login data, he/she must immediately inform the Company;
3.2.5. not to use the Website for any purpose that is unlawful or prohibited under these Terms and/or applicable law and/or could cause damage to the Company or Third Parties;
3.2.6. not to infringe the Intellectual Property Rights of the Company and/or Third Parties;
3.2.7. not to take any action that would impair the operation of the Website;
3.2.8. not to take any action that imposes an unreasonable or disproportionately heavy load on the Website
3.2.9. not to use any device, software or procedure that interferes or attempts to interfere with the proper functioning of the Website;
3.2.10. not to behave in a way that restricts or interferes with other Users' use of the Website and/or the Services;
3.2.11. not engage in prohibited mass extraction of information through various automated means and methods, the collection of personal information in this manner, or the use of any prohibited means of collecting information;
3.2.12. comply with any other obligations set out in these Terms and Conditions and applicable law.
RIGHTS AND OBLIGATIONS OF THE COMPANY
4.1. The Company shall have the right to:
4.1.1. to block or terminate the Account indefinitely, without prior notice to the User, if the User breaches the obligations set out in Section 3 of the Rules. The Merchant's decision to block and/or cancel the Account depends on the extent and duration of the breach and whether the breach is material to the Company's business. In the event of blocking or cancellation of the Account, the Buyer will be notified by the email address specified in the Account;
4.1.2. temporarily or permanently discontinue the Website without prior notice to Users. In this case, the Contracts concluded prior to the termination shall be executed in full, or the Users shall be informed of the termination of the Website and shall be refunded a pro rata portion of the price paid for the Services.
4.1.3. other rights provided for in these Terms and Conditions and applicable law.
4.2. The Company undertakes:
4.2.1. respect the privacy of Users and process their personal data in accordance with the Terms and Conditions, the Privacy Policy and applicable legislation;
4.2.2. comply with any other obligations set out in these Terms and Conditions and applicable law.
SERVICES
5.1. The Services provided by the Company shall be on a paid basis, subject to the exception set out in Clause 5.3 of the Terms and Conditions. The User shall pay for the Services to the Company in accordance with the terms and conditions set out in the Contract.
5.2. The User may use the Services only after entering into an Agreement with the Company, except for the exception provided for in Clause 5.3 of the Terms and Conditions.
5.3. The User has the right to try the following Service free of charge once every two weeks from the creation of the Account: news subscription. After the aforementioned two-week trial period for news subscriptions, the User shall no longer be entitled to use this Service free of charge. In order to continue using the said Service, the User must enter into a Contract.
ACCOUNT
6.1. The User may use the Services, except for the press conference service, only with an Account.
6.2. There are two ways of creating an account:
6.2.1. The Account shall be created by the Company, with additional logins to the Account for the User's employees/representatives, if required;
6.2.2.. The account is created by the User.
6.3. In the event that the User makes use of the free trial of the news subscription provided for in Clause 5.3 of the Terms and Conditions, the Account shall be created by the User, but must be activated by the Company, and only then the User may try the news subscription service free of charge for two weeks.
6.4. The following data shall be used to create an account: the User's name, e-mail address, telephone number, and other contact details of the User, if the User is a legal entity.
6.5. The User is responsible for the security of the Account password. Any actions performed by the User on the Account will be deemed by the Company to be the User's actions. The Company shall not be liable for any loss or damage resulting from the User's failure to comply with the Account security obligations set out in this section of the Terms.
6.6. The User undertakes to inform the Company immediately if it becomes aware of any unauthorised use of the Services or unauthorised access to the User's Account.
6.7. The User shall have the right to request the Company in writing at any time to deactivate his Account.
6.8. A User's Account shall be automatically terminated if the User does not log in for a period of 2 (two) years after the last login.
6.9. By using the Website, the User understands that he/she does not have any ownership rights to the Account. The Company has the right to cancel, delete or block the User's Account at any time and without prior notice if the User has violated these Terms and/or applicable law. Upon the execution of the actions referred to in this clause, the User will be notified of such actions at the e-mail address indicated in the Account.
CONTENT OF THE COMPANY
7.1. The structure of the Website and its content, as well as its individual elements (texts, graphics, drawings, pictures, audio and video material, trademarks, logos, domains, know-how, computer programs, databases, etc.) (hereinafter referred to as the "Company's Content") are the exclusive intellectual property of the Company or its licensors, and are protected by the applicable laws of the Republic of Lithuania and international laws. Any total or partial copying and/or reproduction, and/or use, and/or publication, and/or modification, and/or adaptation, and/or distribution in any form whatsoever, of the Company Content contained on the Website, regardless of the manner in which such copying and/or reproduction and/or use, and/or publication, and/or modification, and/or adaptation, and/or distribution in any form whatsoever, without the prior and written permission of the Company or its licensors of its elements, is strictly prohibited. The Company's content is purely informative and may only be used for personal purposes.
7.2. The User understands and agrees that by using the Website, he/she does not acquire any rights to the Company's content and may only use it in accordance with these Terms.
USER CONTENT
8.1. "User Content" means anything uploaded by a User to the Website using the Press Release Publication Service, whether text, image, photograph, video or any type of file, regardless of its content or form.
8.2. The User must ensure that the publication of the User Content does not violate the rights of the Company and/or Third Parties or the requirements of applicable law.
8.3. The User expressly understands and acknowledges that he/she is solely responsible for the User Content and undertakes not to submit to the Company / not to publish any User Content that is unlawful, misleading, malicious, threatening, contrary to public morality, public order, offensive, defamatory, otherwise derogatory to the honour and dignity of persons, infringing the Company's and/or Third Parties' Intellectual Property Rights and other rights, advocating, encouraging violence or ethnic, racial, religious, social, gender hatred or discrimination.
8.4. The intellectual property rights in the User Content are owned by the User, but the User grants the Company a license: a non-exclusive, transferable, sub-licensable right to use, reproduce, copy, modify, distribute, publish, process the User Content in any manner whatsoever, in any and all territories of the world, without any additional consent, notice and/or compensation to the User or to any Third Parties.
8.5. The Company shall have the right to delete/block any User Content and/or prohibit the use of the Website if it becomes apparent that the User is not in compliance with these Terms and Conditions, the applicable law or for technical reasons. Such modification or removal may be made immediately, without prior notice or warning, at any time, at the Company's sole discretion. The User shall be informed of the action taken by the e-mail address indicated in the Account.
THIRD PARTY CONTENT
9.1. The Website may contain links to other websites and content operated by Third Parties. The User understands and agrees that the Company assumes no responsibility for the content of Third Parties ("Third Party Content"), including, without limitation, any warranty as to the accuracy of such Third Party Content. A link from the Website to Third Party Content does not imply that the Company endorses or is responsible for such Third Party Content. The use of Third Party Content is at the User's own risk.
RESPONSIBILITY
10.1. The Parties shall be liable for non-performance of their obligations under these Terms and Conditions in accordance with the provisions of these Terms and Conditions and/or the applicable law.
10.2. The User who infringes the Intellectual Property Rights of the Company or Third Parties shall be obliged to indemnify the damages suffered as a result of such infringement.
10.3. Subject to these Terms and Conditions and to the extent permitted by applicable law, the Company may only be liable for direct losses which are actually caused by the Company.
10.4. The Company shall be indemnified from any liability in cases where the User suffers a loss as a result of the User's failure to actually read these Terms and Conditions, the Privacy Policy, and/or other information provided to the User on the Website, although the User has been provided with the opportunity.
10.5. The Company does not warrant or guarantee that the Website will be uninterrupted. The Company shall not be liable in any way for Internet access services.
10.6. The User is expressly informed that the Company may terminate access to the Website at any time, without prior notice, for technical reasons, in particular for maintenance work. The User accepts such interruptions.
10.7. The User visits and uses the Website at his/her own risk.
10.8. In no event shall the Company be held liable for any User Content posted by Users on the Website in accordance with the Agreement. Illegal User Content that does not comply with the requirements of the applicable legislation and the Rules may be removed from the Website without prior notice to the User. The Company does not undertake to verify a priori the quality, reliability, accuracy or legality of the User Content submitted by Users.
10.9. The Parties shall not be liable for partial or total non-performance of their obligations if they prove that the non-performance is due to force majeure. Force majeure shall be understood as defined in the applicable legislation of the Republic of Lithuania. A Party that is prevented from fulfilling its obligations due to force majeure circumstances must inform the other Party in writing immediately, but no later than 3 (three) days after the occurrence or manifestation of such circumstances.
AMENDMENT OF THE RULES
11.1. The Company shall have the right to change, amend or supplement these Terms and Conditions at any time. Users shall be informed of amendments to the Terms on the Website and the amendments shall come into force immediately after their publication on the Website, unless a different effective date is provided. If the User does not agree with the new Rules, changes to the Rules, he/she should no longer use the Website and/or the Services.
11.2. The current and valid version of the Rules is always available on the Website by clicking on the link „Terms of Use“.
FINAL PROVISIONS
12.1. The Rules shall be governed by the laws of the Republic of Lithuania. Any disputes/disagreements arising out of these Terms and Conditions shall be settled by negotiation. If the Parties are unable to reach an amicable agreement, any dispute arising out of these Terms and Conditions shall be submitted to the courts of the Republic of Lithuania as the court of first instance at the place of the Company's registered office, except where mandatory provisions of the applicable law provide otherwise.
12.2. The Company may assign all of its rights and obligations under these Terms and Conditions to any Third Parties without the User's consent. In the event that the User is a consumer (as defined under applicable law), the Company shall be entitled to assign all of its rights and obligations under these Terms without the User's consent only if such assignment does not impair the User's position under these Terms and does not diminish the warranties afforded to him.
12.3. The User may not assign any of its rights and obligations under these Terms and Conditions to any Third Party without the Company's prior written consent and any unauthorised assignment of such rights and obligations shall be void.
12.4. If any provision of the Terms and Conditions is held to be invalid under applicable law, the remaining provisions of the Terms and Conditions shall continue to be valid unless the invalid provisions render the implementation of the remaining provisions of the Terms and Conditions materially impossible. Should any provision or part of a provision of the Terms and Conditions be or become invalid or cease to bind the Parties, the Parties shall negotiate in good faith and replace it with alternative language that reflects as closely as possible the intention of the Parties.
12.5. Neither Party's delay, omission or failure to exercise any of its rights or remedies under the Conditions or applicable law shall be deemed to be a waiver or acquiescence to the event giving rise to such right or remedy.
12.6. If the User has any complaints against the Company, he/she may state and submit them in writing to the Company's contacts set out in Clause 1.1 of the Rules. The User, who is a consumer (as understood under applicable law), shall also have the right to resolve the dispute by contacting the State Consumer Rights Protection Service of the Republic of Lithuania (Vilniaus g. 25, 01402 Vilnius, Republic of Lithuania, email: [email protected], phone: 852626751, website: www.vvtat.lt) or its territorial units, or by filling out a request form on the EGS platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=L.
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