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EROTYZM-OCZAMI-KOBIET.PL
TERMS OF SERVICE
TABLE OF CONTENTS
I DEFINITIONS
II GENERAL TERMS OF SERVICE
III USERS
IV GENERAL TERMS OF USE
V PRIVACY POLICY
VI LIABILITY
VII COMPLAINTS
VIII FINAL PROVISIONS
The erotyzm-oczami-kobiet.pl website (the Service) lets its users (the Users) publish their pictures, video clips and other digital assets and information and share them among other Users of the Service. The Service enables the Users to meet friends and keep in touch with them to share, swap and exchange their ideas.
The Terms of Service contained hereby was drafted according to the stipulations of the relevant and applicable laws of the Republic of Poland. The Terms of Service hereby regulate the Terms of Use of the Service residing at erotyzm-oczami-kobiet.pl.
The Terms and Conditions stipulate the rights and duties of the Users of the Service as well as the rights and duties of the administrator (the Admin) as the party responsible for running and maintaining the Service. All Users, prior to their sign-up, must read, agree and accept the Terms of Service and the relevant Appendices. The Users must comply with the Terms of Service to use the Service. Using the Service means the User has read, agreed and accepted the Terms of Service.
I DEFINITIONS
1. Admin - the party providing the service of running, maintaining and sharing the assets of the Service to the Users of the Service and responsible for managing the Service residing at erotyzm-oczami-kobiet.pl;
2. User - an adult person with full legal capacity to perform acts in law who is granted an access to the Service by reading, agreeing and accepting the Terms of Service and signing up to the Service;
3. Profile - a personal web page of the User containing digital content published and shared by them with other Users of the Service. The Admin may make use of the content submitted by the User and published on their Profile subject to the stipulations contained within the hereby Terms of Service.
4. Account Base - all the content published by the Users of the Service on their Profile as well as the personal data gathered and processed, as agreed and accepted by the Users, in the system, which are necessary for the Admin to provide services as stipulated within the hereby Terms of Service;
5. Account - a personal space made accessible to the User of the Service through which the Users publish, manage and share their content. The Account allows the User to use all the services provided by the Service, as stipulated in the Terms of Service.
6. Login - a private and original nickname of the User in the Service, determined through the sign-up process of the Account, by which the User can be identified;
7. Person - a natural person, body corporate or unincorporated organisation which has legal capacity;
8. Mail - the internal mail service for sending and receiving messages by the Users of the Service;
9. Terms of Service - the hereby document stipulating the right and duties of the Users and the Admin as well as appendices to the hereby document;
10. The Service - the erotyzm-oczami-kobiet.pl website which resides at erotyzm-oczami-kobiet.pl;
11. Content - all the digital content published by the User, in particular posts, video clips, pictures, and other works;
12. The Services - all the services offered and supplied to the Users by the Service;
13. Personal Data - all the information which allows a natural person to be identified, which are collected by means of the sign-up form during the sing-up procedure;
14. Abuse Report - a message sent to the Admin, either by means of Report Abuse contact form (available at erotyzm-oczami-kobiet.pl/zglosnaduzycie) or an email message, which reports the act of publication of law-breaching content which must be removed and/or blocked and/or banned. The Abuse Report shall contain first and last name of the person reporting the abuse, the information on the location of the abusive content and a statement saying that the person reporting the content in question finds it abusive.
II GENERAL TERMS OF SERVICE
1. The Service is owned by OUTLINE MEDIA, a limited liability company, located in Poznań, ul. Chełmońskiego 8/2, registered in the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court of Poznan Nowe Miasto and Wilda, VIII Commercial Department, entered at KRS number 0000356699 with the share capital of 50,000.
2. The name of the Service, its concept, graphic design, software and data base design are subject to copyright protection.
3. The Admin shall have the sole right to manage and shape the Content of the Service, to suspend and/or shut down the Service and/or its parts and to assign all rights to a third party as well as enter into any legal transactions which may concern the Service.
4. The business line of the Service is running and managing of the Account Base by the Admin of the Service. The Account Base facilitates submitting, publishing and sharing of the User's content as well as making the content freely available to the other Users of the Service, meeting new friends and keeping in touch with them through the Service. The Admin gives the Users an access to a personal space in the Service to create personal accounts and/or profiles, and renders other services within the Service.
5. The Admin shall, at all times have the right to unilaterally remove and/or modify the content submitted by the User and to temporarily block, suspend or remove the Account of the User subject to the stipulations of the Terms of Service.
6. To fully take advantage of the Service, a user must be equipped with a device which can access the internet as well as a web browser (with cookies acceptance set to enabled) and an email account. Please note that using ad blocking software, such as, Adblock Plus may render errors when using the Service.
III USERS
1. The members of the Service are the Users.
2. Creating the Account and using the Account in the Service is free and voluntary.
3. Using the Accounts of other Users by a person or giving other Users an access to the Account is forbidden. The User shall not access other Account than the one they own. The User shall not give an access to their Account to other Users.
4. Payable services will be provided for the Users by the Admin only after they have been ordered and paid for according to the price list available on the web site. Lack of a service on the price list means the payable service is available.
5. Using the Service requires signing up to the Service.
6. The Service shall only be available to persons who are 18 or over. The persons under 18 shall not use the Service. Using the Service by persons under 18 is forbidden.
7. To sign up to the Service and to create the Account, a person shall complete the sign-up form which is available at erotyzm-oczami-kobiet.pl/rejestracja. Upon completing the sign-up procedure, the User enters into contract of Rendering of Electronic Services for an indefinite period of time.
8. The sign-up procedure shall authorise the User to use services provided by the Service. The user it entitled to:
- submit their own Content, including, but not limited to, pictures, video clips, posts and en_comments for other Users to access,
- access the Content submitted and published by other Users,
- post opinions, threads and messages on the web site's forum board,
- sending and receiving of the messages using the internal Mail system,
- searching for other Users and the Content.
9. The sign-up procedure requires submitting the following Personal Data which must be true:
a/ full name,
b/ date of birth,
c/ town or city and province,
d/ sex/gender,
e/ a valid and working email account.
The User may, at any time, cancel the sign-up procedure which shall cause the sign-up data to be removed from the system.
The User shall provide Personal Data which are true and valid. Signing up to create Accounts which use fictitious Personal Data and/or Personal Data of third parties is forbidden. The User shall keep their Personal Data up to date.
10. The User shall have the right to view, update and/or remove their Personal Data concerning them. Should the Personal Data be removed by the User, they shall shall no longer be able to use the Service to the extent permitted only by submitting their Personal Data to the Service. In the event of removing the Personal Data which are essential to the sign-up procedure being complete, the User shall not be able to take advantage of the Service.
11. The acceptance of the Terms of Service by the User shall mean that:
a/ the User has read, understood and accepted the Terms of Service;
b/ the User has voluntarily signed up to the Service;
c/ Personal Data used in the sign-up procedure to create the Account are true and valid and they do not affect the rights of a third party;
d/ the User expresses their consent to gather and process their Personal Data to the extent declared in a separate statement;
e/ the User expresses their consent for their image submitted to the Service to be used by the Admin to render the services. The User states that they have been granted the permission by a third party to submit and share images thereof.
f/ the User expresses their consent for the Admin to edit the Content of the Service as well as remove any such content submitted to the Account which shall be deemed illegal and/or contrary to accepted practice and principles of morality and/or which breach the Terms of Service;
g/ the User expresses their consent for the Admin to modify the services rendered by the Service, ban the User from accessing the Service, stop running and managing of the Service, transfer and assign the rights to the Service, and perform any acts concerning the Service;
h/ the User expresses their consent to be sent, to the email address submitted in the sign-up procedure, any system information, messages from the Admin, alerts and notifications on any technical difficulties or breaks or other service announcements;
i/ the User expresses their consent to be sent, to the email address submitted in the sign-up procedure, promotional and advertising mailings, messages by the Admin or a third party;
j/ the User states that Personal Data, including, but not limited to, the image and the information on any third party, have been submitted voluntarily, lawfully and at their consent. The User states that they shall be held responsible in the event of submitting the image and/or the information on a third party without their consent.
k/ the User accepts that the Service content is of an erotic nature and that the User shall solely be responsible for accessing the Service and/or sharing the Access to a third party;
l/ the Users states that any third party accessing the Service with the User's Account shall be 18 or over.
IV TERMS OF USE
1. The User shall have the right to have only one Account. The User shall have the right to have two or more Account solely at the discretion of the Admin.
2. By submitting the Content to the Service, the User expresses their consent to taking advantage of the Content by another User to the extent of a personal use.
3. By submitting the Content to the Service, the User expresses their consent for the submitted Content, including (but not limited to) the image, to be used and shared, free of charge, by the Admin (non-exclusive licence). The right to use and share, free of charge, of all the Content submitted by the User, shall include, but is not limited to, copying, storing and archiving, publicising, distribution, modification, public performance, translation, or any other such use that the Admin may deem necessary. The right to use and share the Content by the Admin shall not cease nor expire after the Account has been removed from the Service.
4. In the event of submitting the Content, which, in the view of the regulations of the Act on Copyright and Ancillary Rights (Journal of Laws No. 90, 2006, item 631) shall be deemed to be a work, the User grants the Admin the free, non-exclusive licence to use the submitted work in the Service and the User releases the Admin from any claims and damages concerning the use of the submitted work, including, but not limited to, copying and sharing to the extent of the performance of the Service.
5. The User shall have the right to use the Content of a third party for a personal use. Any other use of such Content including, but not limited to, sharing and publicising, shall be granted solely at the third party's discretion and consent.
6. The User shall take use the Service in line with the Terms of Service, the law of the Republic of Poland and good practice and moral principles. The User shall accept to the following:
a/ the User will submit true and valid Personal Data;
b/ the User shall keep Personal Data submitted in the sign-up procedure up to date;
c/ the User shall observe proprietary copyrights as well as the patent rights to trademarks and/or designs of a third party;
d/ the User shall from time to time read and accept the amendments to the Terms of Service;
e/ the User shall refrain from acts which may disturb, impair or burden the performance of the Service and/or hinder the use of the Service by other Users;
f/ the User shall refrain from any act which may be harmful to the Amin, the Users, and/or third parties.
7. The User shall not collect, submit in the Service, copy, publicise, share, process, use Personal Data of other Users and/or third parties, including (but not limited to) their image and/or any information which infringe their privacy and/or rights without their consent.
8. The User shall not submit, distribute and/or share by means of the Service:
a/ any content which breaches the law of the Republic of Poland and the principles of good practice and morality, including (but not limited to) any mature and/or pornographic content without age-based restrictions, mature/pornographic content with the minors, graphic violence, animal abuse and mistreatment;
b/ any content which is hateful, threatening and/or harassing to a third party and/or another User;
c/ any content which promotes and/or encourages any violations of the law and these Terms of Service;
d/ any content promoting, distributing, or disseminating discrimination, hate or violence towards any third party on account of their sex, race, nationality or religion;
e/ any content which is not true, secret, classified, and/or confidential;
f/ any content depicting the image of a third party without their consent;
g/ any content which is unauthorised commercial communications (spam);
h/ copyrighted software and/or programs without prior consent of their owners;
i/ viral software, bots, worms, robots, spiders, malicious code or otherwise any such pieces of code which shall, without authorisation, change, remove, impair, destroy or disable the access to the data, hinder and/or prevent the automatic gathering and processing thereof, and/or disrupt, block and/or disable the performance of the system and its network, as well as unlawfully access and/or process passwords and identification data without authorisation;
j/ login information, passwords, access codes and/or any other such tools which enable unauthorised access to the data stored in the system and/or on network.
9. Any commercial, promotional or research activities facilitated by means of the Service are strictly forbidden without prior permission of the Admin.
10. The Admin shall have the right, without notifying, to view, modify, block or remove any such Content which is malicious and/or harmful to the Service and/or the Users of the Service and/or which infringe the regulations of the Terms of Service.
11. The Admin shall have the right to suspend the Account of the User in the event of the User's actions being harmful to the Service and/or to other Users and/or infringing the Terms of Service. The Admin shall have the right to suspend the Account during the course of investigation concerning a situation which may lead to the termination of contract of rendering of electronic services.
12. In the event of the User's Account being blocked and/or suspended by the Admin, the User shall not have the right to sign up to another Account.
13. Each party may terminate the contract of rendering of electronic services with immediate effect for convenience.
14. The termination of the contract by the User shall be facilitated through the procedure which is available at erotyzm-oczami-kobiet.pl/usuniecie_konta. The User shall have the right to terminate the contract at any time for convenience.
15. The termination of the contract by the Admin shall be the removal of the Account by the Admin, which shall be the result of:
a/ infringing the law of the Republic of Poland by the User;
b/ infringing the Terms of Service by the User;
c/ the User's harmful intent towards the Service or other Users;
d/ submitting any content which impairs and/or harms the performance of the Service. The removal of the Account may follow the prior suspension of the Account as stated in Section IV item 9 of the Terms of Service.
16. In the event of the removal of the Account, the User shall no more have an access to the Content.
17. In the event of the Account being removed from the Service, the User must obtain the Admin's consent to sign up to create another Account.
18. In the event of the User's Account being removed from the system, the Admin shall process the Personal Data of the User within the scope of the regulations of the Electronic Services Act and to the extent to which it is necessary to terminate rendering of the services.
19. In the event of submitting any such Content which is illegal and/or unlawful, the Admin shall report it to a government agency.
20. Any attempt to disturb the performance of the Service shall be deemed forbidden. The Admin shall have the right to seek compensation for damage and/or loss.
V PRIVACY POLICY
1. By signing up to the Service, the User expresses their consent for the User's Personal Data to be processed under the Terms of Service.
2. The Administrator of the Personal Data is Outline Media, The Service is owned by OUTLINE MEDIA, a limited liability company, located in Poznań, ul. Chełmońskiego 8/2, registered in the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court of Poznan Nowe Miasto and Wilda, VIII Commercial Department, entered at KRS number 0000356699 with the share capital of 50,000.
3. The Administrator of Personal Data processes the User's Personal Data according to of the Act on Personal Data Protection of 29th August 1997 (Journal of Laws No. 101, 2002, item 926) as well as the Act on Rendering of Electronic Services of 18th July 2002(Journal of Laws No.144, item 1204).
4. Personal Data provided by means of the sign-up form shall be used by the Administrator of Personal Data since the Contract is entered into and during the term of the Contract until it is terminated by either of the parties. Personal Data shall be processes by the Administrator from time to time the Service is duly provided under the Terms of Service. The User shall accept the scope of use of Personal Data by the Administrator by reading and accepting the statement during the sign-up procedure.
5. The Administrator of Personal Data shall make every endeavour to protect the data in the system by implementing technical and organisational means to prevent the unauthorised access and processing of the data by a third party.
6. The User shall have the right to view, review and amend Personal Data from time to time. The User shall have the right to request the Administrator of Personal Data to amend, complete, update and/or remove Personal Data from the Account Base. The User shall have the right to autonomously amend, update, complete and/or remove Personal Data from the Account Base.
7. The Administrator of Personal Data shall have the right to disclose Personal Data solely to a third party authorised by applicable stipulations of the law.
8. In the event of the Admin having reasonable doubts to believe the User's Personal Data are valid, true and/or right, the Admin:
a/ shall have the right to instruct the User to immediately remove untrue and/or invalid Personal Data;
b/ shall have the right to instruct the User to immediately update Personal Data;
c/ shall have the right to act according to the provisions contained in Section V item 10 of the Terms of Service.
The Admin shall have the right to immediately block the User's Account until the matter in question has been resolved.
9. The Admin shall have the right to provide the Service to the User on the condition that the User's Personal Data provided in the sign-up procedure be checked for validity against the photocopy of the User's ID document. Sending the photocopy of the User's ID document shall be at the User's discretion. In the event of the photocopy of the User's ID document having features which may question its genuinely and/or validity, the Admin shall have the right not to enter into the Contract Of rendering of Electronic Services.
10. The stipulations of Section V item 9 shall come into force should there are reasonable grounds to believe that the User's Personal Data provided via the sign-up form are not true and/or invalid during the term of the Contract.
In the event of the User's Personal Data provided via the sign-up form being not true and/or invalid, the Admin shall have the right to block the User's Account and/or terminate the Contract of Rendering of Electronic Services.
11. The Admin shall have the right to provide the Service to the User on the condition that the User shall express the legal compliance for the Personal Data of a third party shared in the Service to be processed by the User by producing to the Admin of an approval given the third party to the User to process Personal Data thereof. Producing of the approval to the Admin shall be at the User's discretion. In the event of the approval not being produced and/or there are reasonable grounds to believe the approval is not genuine and/or whether the User has been granted an approval of a third party to share Personal Data thereof via the Service, the Admin shall have the right to block the User's Account and/or terminate the Contract of Rendering of Electronic Services.
VI LIABILITY
1. The Admin shall make every endeavour to provide the best performance quality and performance of the Service.
2. The Admin provides the Service "as is" and shall not guarantee the correct performance of the applications and services of the Service (including without limitation forms, links, web searches).
3. The Admin shall not be held liable for the Service being temporarily inaccessible by the User due to maintenance/repair breaks.
4. The Admin shall notify the User on the technical break and the duration thereof.
5. The Admin shall not be held liable for interruptions in the performance of the Service due to the reasons including without limitation acts of God, technical faults, unauthorised access to the Service by a third party and/or unauthorised User.
6. The Admin shall not be held liable for loss of Contents and other losses caused by, without limitation, temporary inability to use the Service, acts of God, technical faults, unauthorised access to the Service by a third party and/or unauthorised User.
7. The Admin shall not be held liable for any losses whatsoever arising out of the User using unprotected hardware which lacks anti-virus protection software.
8. The Admin shall not be held liable for Content shared and published by the User.
9. The Admin shall not be held liable for a third party acting, including, but not limited to, using the User's data against the genuine purpose of the Service's performance.
10. The Admin shall not be held liable for any outcomes and/or developments of relationships, meetings, etc. arranged with the Service.
11. The Admin shall not be held liable for use and/or misuse by the User or by a third party of any Content as well as any other information shared, published and/or received via the Service.
12. The User shall be held liable for Content published by the User. The User shall not publish Content that is unlawful and/or violates the Terms of Service and/or infringes personal interests and/or rights under pain of civil and criminal liability.
13. The Admin shall not be held liable by the User and/or a third party, for any losses arising out of the act of providing Personal Data to the Service, including, but not limited to, the image, and/or any other information on the User and/or a third party. The User shall solely be liable for publishing and/or sharing of Personal Data in the Service, including, but not limited to, the image and/or any other information, including without limitation the unauthorised information on any other User and/or a third party without consent thereof.
14. The Admin shall disclaim any liability for any content, published in the Service and/or sent to the User's email address provided in the sign-up procedure and/or via the Service's mail, of promotional and/or advertising mailings and/or messages.
The Admin shall disclaim any liability for:
b/ physical and/or legal faults of the advertised and/or marketed products and/or services;
c/ any claims arising out out of negligence and/or poor performance of a contract and/or liabilities of any third party and/or the User which have been entered into by means of the Service.
15. The Admin runs the Service "as is" and any products and/or services facilitated by means of the Service, either by the Admin or at the request of a third party are provided with no warranties whatsoever.
VII COMPLAINTS
1. The User shall have the right to file a complaint concerning the performance of the Service and/or of the Account to the Admin.
2. The complaint shall be processed within 14 days since it has been filed to the Admin.
3. The Admin shall not process the complaint if the event of the following:
a/ the complaint results from the ignorance of the law and/or the Terms of Service;
b/ the complaint concerns services and/or products offered by the Service at the request of a third party by means of the Service.
4. The Admin shall have the right to modify the User's Account to remove inaccuracies and errors in the performance of the Service.
VIII FINAL PROVISIONS
1. The Terms of Service is available at erotyzm-oczami-kobiet.pl/regulamin.
2. The Admin shall have the right to unilaterally amend the Terms of Service and/or the Terms of Use, including, but not limited to, the terms and conditions of the use of the services offered, in particular, by introducing payable subscription plans to the Service for convenience.
3. The amendments to the Terms of Service shall be communicated by the Admin at the Service's website and via Mail.
4. In the event of amendment having been made to the Terms of Service, the User, by using the Service, shall agree to and accept the amended Terms of Service. Taking the advantage of the Service by the User once the Terms of Service have been amended shall mean the User have read, understood and accepted the amended Terms Service. In the event of the User not accepting the amended Terms of Service, the User shall have the right to terminate the Contract of Rendering of Electronic Service by email or other electronic means.
5. The Terms of Service enter into force after 14 days since the have published on the website of the Service.
6. If any of these above Terms of Service should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall remain in full force and effect and continue to be binding and enforceable.
7. The hereby Terms of Service have been originally drafted in the Polish language and the English language translation of the Terms of Service provided here is solely for reference purposes. Should there be any discrepancies between the English version of the Terms of Service and the Polish original draft of the Terms Of Service (Regulamin), the Polish version of the Terms of Service (Regulamin) shall prevail.