Service Provider – Modulus Sp. z o.o. based in Krakow at ul. Karmelicka 35/5, with a tax identification number (NIP) PL6761188405, and REGON number 351093142, registered in the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the number: 0000377707.
Platform – an Internet platform owned by the Service Provider available on the website: ownetic.com and any other websites marked or co-branded with the Ownetic brand (including subdomains, widgets and mobile versions) and other similar functions, as well as multimedia, software, devices and networks that currently exist or will be introduced), under which the Service is provided by the Service Provider to Users.
User – a natural person who is 16 years of age and has the capacity to act on their behalf and/or representing another User or Organization under authorization to act on behalf of that User or Organization, respectively.
Organization – a legal person or an organizational unit without legal personality, but having the capacity to incur obligations and acquire rights on its own behalf, represented by a competent entity based on generally applicable law.
Materials – materials and content (including those constituting a work as defined in the copyright law) shared by the User, to which the User has all rights to share and distribute materials on the Platform, including: Objects, Collections, information, descriptions, comments.
Item – a graphic file that can be placed within the account, containing the image of the object owned and collected by the User (physical ir digital item).
Collection – a set of ordered Items, broken down by category and other functionalities available on the Platform, the choice of which is determined by the User during the creation of such file, additionally provided with information and description prepared by the User.
Service – provided by the Service Provider to the User to use the Ownetic Platform and its functionality as part of the account created by the User.
Terms – these terms and conditions, specifying the rules of using the Platform, the rights and obligations of the Users and the Service Provider, the conditions for concluding and terminating Contracts for the provision of electronic services, the procedure for complaint proceedings.
AGREEMENT FOR THE PROVISION OF SERVICES AND TYPES OF ACCOUNTS
- By accepting the terms set out herein and in the particular Services available on the Platform, the User concludes a remote agreement with the Service Provider for the provision of Services (hereinafter referred to as the “Agreement”).
- Provision of Services by the Service Provider electronically takes place using the means available on the Platform, in particular, the Service Provider renders the following Services and provides Users with the following:
- the ability to set up an account on the Platform,
- the ability to use the functionalities available on the Platform,
- the ability to receive a newsletter.
- The Service Provider may provide the User with the possibility to set up the following account types:
- individual account (hereinafter referred to as an “Individual Account”) – a set of resources and rights within the Platform assigned to a specific User. This set exists under a unique name (login), secured with a password and allows the User to add and manage User Items and Collections. This set gathers the User’s data and information about thier activities.
- organization account (hereinafter referred to as the “Organization Account”) – a set of resources and rights within the Platform assigned to a specific Organization, provided that such functionality has been made available on the Platform. The Organization Account allows the authorized User to add and manage Items and Collections of the Organization on behalf of the Organization. This collection gathers the Organization’s data and information about thier activities.
- Upon registration and acceptance of the Terms and consent to the processing of personal data, a verification message will be sent the to e-mail address provided by the User; once it’s receipt has been confirmed, the User will be given access to the account, and with it:
- access to updated information about the Service provided,
- the ability to use the functionalities available on the Platform,
- the ability to view, edit and correct personal data and other information of the User.
- After completing the registration, the User gains access to the Individual Account, under which they have the option of using the Services and posting and managing the Items and Collections on the Platform using the available functionalities.
- The Service Provider may provide a functionality to set up an Organization Account; the User shall be able to set up an Organization Account from the level of their Individual Account, or by selecting the appropriate option during account registration, if available. Creating an Organization Account requires having an Individual Account.
- An Organization Account may only be set up by a person authorized to perform on its behalf all activities related to account registration, establishment and administration of the Organization and to enforce all rights and obligations of the User.
- If the functionality is available, the User shall be able to create more than one Organization Account.
- The User logs in to the Platform using their login and password, and after logging in, they can freely switch between accounts, if such functionality has been provided on the Platform.
PRIVACY SETTINGS IN THE ACCOUNT
- The User has the ability to determine the visibility of individual Items and Collections that they have posted and/or that they manage. Depending on the selected option, the Items and Collections may be visible only to the User themselves or to everyone, including those without an account on the Platform. The choice of visibility is always determined by the User; this is done by using the Platform‘s functionality and selecting the appropriate option from those available within this functionality.
- The Service Provider may also share on the Platform a functionality of determining the visibility of the User’s account itself.
- The Service Provider may also provide a functionality on the Platform that involves generating a link to the selected Item or Collection, which the User may forward. At the same time, the visibility of the linked content shall be consistent with the visibility of the linked Materials on the Platform, as set by the User.
- The Service Provider may also provide a functionality on the Platform that involves generating a link to the selected Item or Collection, which the User may share and embed on other websites, so people using those other websites will be able to access them. The User always decides on the use of this functionality.
GRANTING THE RIGHT TO THE ACCOUNT
- Insofar as such functionality has been made available on the Platform, the User may grant access to their Individual Account and/or Organization Accounts to other Users by determining their scope of authority in accordance with the capabilities indicated in the Platform’s functionality.
- The Service Provider may provide the possibility of assigning equal rights to another User. Each time the User is the one who decides about assigning the rights.
- The User has the right to order a free Service via the Platform involving regularly sending materials and information to the e-mail address indicated by the User, in particular information and materials regarding the functionality of the Platform, the Collections available and the Service Provider’s activity (hereinafter referred to as the “Newsletter”).
- The Service Provider may also provide the opportunity to order a free Ownetic magazine newsletter by subscribing to ownetic.com.
- The User may opt out of the Newsletter Service at any time. Opting out of the Newsletter is done by clicking the “Opt out” link in the email with the newsletter. The Service Provider shall cease to provide the Service within 7 days from the date of the User’s resignation from the Service.
FREE AND PAID SERVICES
- The User may feel safe using the Services – the Service Provider shall not charge any commissions or fees for using the Platform without the User’s consent, and the use of paid versions shall be fully voluntary. The basic functionality of cataloging the Collection is and will always be free.
- Creating Collections and gathering graphic materials with a total size of up to 5 GB within one account is and will remain free.
- After exceeding these 5 GB of drive space in the account, the User will be able to buy more capacity according to the applicable price list, by placing an order for additional capacity in the form of an email sent to the address: firstname.lastname@example.org and paying the proforma invoice received from the Service Provider. The User may make a payment via PayPal or a traditional bank transfer to the Service Provider’s account.
- The Service Provider shall issue a VAT invoice for the Service provided after receiving the payment. A VAT invoice will be issued and delivered in electronic form to the User’s e-mail address. After receiving the payment, the Service Provider will allow the User to use the purchased Service.
- The Service Provider has the right to develop the Platform and may provide further functionalities subject to payment; however no fees shall be charged without the User’s knowledge and consent.
RIGHTS AND OBLIGATIONS OF THE USER
- The user is obliged to provide full and true data during registration, in accordance with the guidelines provided in the registration form, and to update them immediately should they be changed.
- The User is obliged to keep the access password to their account secret, to protect it from unauthorized use and not to distribute it. In the event of detecting an unauthorized use of the password or of the account, the User is obliged to notify the Service Provider immediately by sending an e-mail to the following address: email@example.com or via the Platform functionality, if available.
- The User is responsible for all activities within their account made with the use of a valid User access password as well as for the activities of other Users under this account based on the rights granted to them by the User.
- The User may not use the Services in a manner inconsistent with their nature and purpose, in particular in a way that prevents or disrupts other Users’ use of system or hardware resources and/or send Platform Users spam and other unsolicited information.
- The User is required to post high quality Material in their account.
- The User is obliged to not violate good customs, rules of social coexistence, and to comply with applicable legal provisions. In particular, the User is obliged to comply with copyright, related rights and intellectual property rights. Compliance with the legal provisions referred to above applies to all Materials, information, data, databases and other components shared and made available by the User (including comments and opinions). The User is obliged to comply with the law, also with regard to non-infringement of personal rights.
- The platform and its elements cannot be used to propagate violence, hatred, pornography, discrimination or in any other way that violates the law (criminal, civil, administrative). The User may not post Prohibited Materials on the Platform and those inconsistent with the Terms, e.g. pornography, materials containing violence, offensive and harmful content, violating the privacy of others, indecent, immoral, violating generally applicable laws, slanderous or defamatory. This applies to all graphic materials as well as descriptions, information and comments posted on the Platform.
- When posting Items and Collections that contain sensitive content but are not prohibited content on the Platform, such as nudity, violent scenes, the User is required to mark them as Adult Content.
- The User has the possibility to report to the Service Provider any violations, including: violation of intellectual property rights, unauthorized use of the account, posting prohibited content such as pornography, violence, harmful and offensive content, or posting adult content without marking it as sensitive, by sending an e-mail to the following address: firstname.lastname@example.org or using the functionality on the Platform, if available.
- The User may delete the account and may stop using the Services at any time. Upon deletion of the account, the User deletes the Individual Account and all Organization Accounts of which they are the only User, together with all Materials included in the accounts.
- The Service Provider may provide the account deactivation functionality on the Platform. The User shall be able to deactivate their account by themselves, if, for example, they will not use it for some time. The user shall be able to reactivate the account within a period of one year, after which the account shall be deleted.
- The User has the right to submit a complaint if the Service provided by the Service Provider is defective.
- Complaints should be submitted by sending an e-mail to the address: email@example.com. The message should be sent from the e-mail address being the User’s current login and should contain a detailed description of the subject of the complaint, along with an indication of the time of revealing the defect.
- The Service Provider shall respond to the complaint within 30 days of receipt. The reply to the complaint shall only be sent to the User to the email address from which the complaint was sent and which is also their current login on the Platform.
COPYRIGHT TO MATERIALS POSTED BY THE USER
- The User represents that they have the right to use any Materials they post on the Platform, including graphic materials, photos and images of people shown in the pictures, trademarks and other intellectual property rights to the Materials they use. The power mentioned above particularly (but not exclusively) includes the right to grant licenses, sublicenses, the right to publish Materials, share, store, display, save, modify, reproduce, create derivative works and distribute on the Platform’s websites (including linking to websites) for purposes related to the Service (including the purpose of promoting the Platform).
- By posting Materials on the Platform, the User does not transfer the copyright to them, but at the time of publishing the Materials, they grant to the Service Provider a non-exclusive, territorially unlimited license, including the right to grant a sub-license, the right to publish, share, store, display, save, modify, reproduce, create derivative works and distribute on the Platform’s websites (including linking to websites) for purposes related to the Service (including the purpose of promoting the Platform). At the same time, the User declares that granting such license to the Platform in no way infringes the rights of third parties, including copyright, image rights, personal rights and other intellectual property rights.
- By providing the Items and Collections on the Platform, the User agrees to make them available to other Users, including those who do not have an account on the Platform, and associate them with procollection details of the User’s account (e.g., name and surname, Organization’s name, procollection picture).
- Full liability, both during the term of the Agreement and after its expiration, for all materials posted on the Platform and licenses granted to the Service Provider for these Materials shall be borne by the User in the case of activities performed under the Individual Account and by an Organization in the case of activities performed under the Organization Account, on behalf of which the authorized User operates. In the event of a breach of the applicable law and/or in the case of third-party claims against the Service Provider and related to the Materials posted by the User, the User or the relevant Organization undertakes to fully satisfy third-party claims and indemnify the Service Provider from the obligation to pay benefits in these cases, in particular to bear all costs incurred from the moment the claim was submitted, including the costs of any trial and compensation.
RIGHT TO WITHDRAW FROM THE AGREEMENT
- The User who is a consumer, i.e. a natural person who uses the Service for purposes not directly related to business or professional activity, has the right to withdraw from a remote agreement, without giving a reason. For this purpose, they should submit a declaration of withdrawal by sending a message to the e-mail address firstname.lastname@example.org within 14 days from the date of conclusion of the Agreement.
- In the event of withdrawal from the agreement, the Service Provider is obliged to immediately return to the User all payments received from them, and in any case not later than 14 days from the date on which the Service Provider was informed about the consumer’s decision. The reimbursement shall be made using the same payment method that was used by the User in the original transaction. The User is obliged to provide all necessary information to return the payment.
- The right to withdraw from a remote agreement is not granted to a consumer in the event of commencement of the Service before the deadline of 14 days from the date of contract conclusion.
- For the benefit of Platform Users and to maintain the highest standards, Users are required to use the Services with maintaining good customs and rules of social coexistence. It is forbidden to publish Materials that violate the rights of others, including their intellectual property rights. In the interests of the safety of Users and materials published by them, the Service Provider allows reporting violations by sending a message to the e-mail address: email@example.com or through the Platform functionality, if available, along with an indication of the reason for the notification.
- In the event of obtaining reliable information about a violation and unlawful nature of the Materials or related activities, the Service Provider shall immediately take appropriate actions to prevent access to these data, and in justified cases may also communicate the infringement to the competent authorities.
RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
- The Service Provider reserves the right to:
- developing, modifying and updating the Service, which does not affect the rights acquired by the User. The Service Provider shall make every effort to ensure that the updates constitute an extension or supplement to the previous version. Updates shall be available to the User automatically,
- temporary technical breaks in the provision of Services – maintenance and updating downtime, as well as breaks aimed at developing the Platform, improving the quality and security of the Services’ provision. The Service Provider shall strive to minimize possible breaks and, if possible, make them at times when this will cause the least inconvenience to Users, and shall inform the User well in advance about the scheduled downtime,
- application of security measures – in the interests of the Users’ safety, in a particular in case of threats to it, the Service Provider has the right to make massive changes to the necessary access data of Users, and above all access passwords, in order to restore security. In this case, the User shall be informed about the necessity to give a new access password for the account as soon as possible,
- verification of the User’s right to represent the entity for which they have created an Organization Account and/or which they manage, and in case of negative verification or lack of possibility to confirm, the Service Provider reserves the right to delete the Organization Account,
- removing or modifying the Materials posted by the User, especially when they violate the law and/or are inconsistent with the Terms. The Service Provider also has the right to remove User-posted Materials that are of low, insufficient quality, and the decision regarding the removal of such Materials lies at the Service Provider’ discretion.
- in the event of a violation of the Terms, or in the event of acquiring reliable information about a violation or receiving a call from a publi office, applying the following sanctions against Users:
- official notice,
- blocking account/accounts,
- removal of User’s Materials and/or deletion of the account, i.e. immediate termination of the agreement with the User
- removing inactive and deactivated accounts with all content, if they have not been used for at least one year. Removing an account shall be preceded by sending electronic correspondence to the User’s e-mail address with the designated log-in time as confirmation of the intention to continue using the account,
- displaying advertisements – the Service Provider may display advertisements on the Platform, especially in case of services provided free of charge,
- withdrawal of the Services provided or parts thereof, in particular services offered free of charge, whereby the Service Provider shall endeavor to inform Users well in advance of the termination of the service provision,
- sell, in particular: the Platform in whole or in part, parts of the enterprise and company, as well as change the name of the company, the name of the services provided, the name of the Platform,
- providing Users with the Service Provider’s proposals and recommendations, including the recommendation of Items and Collections of other Users
- The Service Provider has the right to send system information to the User regarding and directly related to the Service provided in the form of an email to the address indicated by the User and in the form of notifications displayed on the Platform,
- log in – at the User’s request – to their account, especially for the purpose of providing support and technical assistance and diagnosing possible issues,
- pursuing court proceedings, including seeking compensation in the event of a User’s violation of these Terms.
- The Service Provider shall not be responsible for:
- untrue information, content and data that is inaccurate, provided by Users on the Platform, or information about Users made available to other Users. The Service Provider is not responsible for the identity and authenticity of data of Users with whom you can interact while using the Services. All Users’ data is entered by themselves,
- Materials posted by the User and their sharing and distribution to other Users. Unless he receives a notification about a violation, the Service Provider is not obliged to check the Materials provided, stored, or shared by Users (content, materials, information, comments),
- non-culpable consequences caused by the lack of protection against third-party access and/or the User’s disclosure of an account login or password to third parties,
- the User’s action, including the removal of any Materials or the entire account by the User or other Users, if the removal resulted from the use of a valid password and/or was based on the granted rights. And if the above actions result in a third party suffering damage (including non-pecuniary damage), the User undertakes to fully satisfy any claims for this action and release the Service Provider from liability,
- the Users using the Platform against its intended use and disruptions in the Service due to incorrect data entry and/or the User’s use of the account contrary to the Service Provider’s recommendations, as well as any damages resulting from the way Users use the Platform, if such actions do not constitute normal use of the Platform in accordance with its intended purpose,
- technical issues caused by the User’s failure to meet technical requirements and/or lack of access to the Internet,
- any system failure due to force majeure,
- non-culpable loss of Users’ data collected in computer systems, caused by Users’ actions (including Users who have been granted appropriate permissions), equipment failure, Internet network dysfunction, loss due to actions of third parties.
- In relation to the User who uses the Platform in a way directly related to their business or professional activity, the Service Provider:
- shall not be liable for permanent or temporary impossibility to provide the Service and improper provision of the Service for reasons beyond the Service Provider’s control and/or attributable to third parties with whom the Service is provided, including those caused by force majeure, failure of equipment, IT systems or illegal activities of other Users or third parties. The Service Provider shall not be responsible for delays or non-performance of the Services caused directly or indirectly by factors beyond his control, as described in the previous sentence,
- shall not be responsible for unintentional, indirect consequences of his actions or omissions and for the User’s lost benefits, data, financial losses, indirect, special and secondary damages, moral damages and damages in respect of those losses. The Service Provider is not responsible for the loss of profits or revenues. The above restriction applies to both contractual and non-contractual liability,
- does not guarantee permanent availability of the Services, providing them in an uninterrupted and error-free manner, or that the Services and their quality will meet the User’s expectations, or that any errors or defects in the Services will be corrected.
- The Service Provider’s liability towards the User who uses the Platform in a way directly related to their business or professional activity for all claims in connection with the Service provided, including guarantees and warranties, is limited to the amount of the User’s fee for access to such Service.
- The Ownetic Platform and the Services provided as part of this Platform are the exclusive property of the Service Provider. All property rights, particularly including copyrights to the Platform in whole and in part, as well as software and functionalities made available through it, as well as the rights to trademarks and trade names and other property rights are vested in the Service Provider. It is prohibited to use the above-mentioned Service Provider’s materials without permission (particularly including copying, reproduction, distribution, etc.).
- A User who has an account on the Platform is granted a non-exclusive, non-transferable and territorially unlimited license for use, including the use of the Services provided within the Platform. The license is concluded for an indefinite period, or until the User’s account is deleted and the Agreement terminated.
- The User may not use the Platform in a scope other than described above, particularly may not decompile, decrypt, reproduce or attempt to reconstruct or discover the source code, algorithms, file formats or programming interfaces contained in the Platform‘s software. It is also forbidden to bypass or indicate how to bypass the software’s technical security measures.
- It is not allowed to copy and imitate all or part of the Platform, User interfaces, including information architecture, concepts, any content, texts, graphic designs, artistic works, photographs, logos, trademarks, sounds and music, animations, behaviors and interface solutions. They are subject to protection resulting from commercial customs, copyright, industrial property rights and various other intellectual property rights and laws on combating unfair competition.
- Matters not covered by this paragraph shall be governed by the general provisions on the protection of copyright and related rights.
TECHNICAL CONDITIONS FOR USING THE PLATFORM
- The technical condition for using the Services is:
- having a device with access to the Internet with a minimum bandwidth of 1 Mbit/s,
- Internet Explorer – in the latest version or two previous ones,
- Firefox – in the latest version or two previous ones,
- Google Chrome – in the latest version or two previous ones,
- Opera – in the latest version or two previous ones,
- Safari – in the latest version or two previous ones,
- having a working e-mail account.
- The Service Provider bears no responsibility for incorrect/malfunctioning devices and applications indicated in point 8 hereof, or for the act (or omission) of the ICT system used by the User.
- The Service Provider has the right to change the Terms, which shall be communicated to Users 14 days in advance, and at the same time provide them with a new version of the Terms or at least the revised part thereof, in the form allowing them to be acquired, reproduced and recorded using the ICT system used by the Service Provider. Informing Users may be made by posting information regarding the change to the Terms on the Platform and/or sending information about the change to the User’s e-mail address.
- Amendments to the Terms enter into force on the date of their publication in the manner described in item 1 hereof, or within the time specified in the information sent to Users. Changing the content of the Terms does not affect the rights acquired in relation to using the Paid Services.
- Wherever a User is referred to, the provisions shall also apply to an Organization accordingly.
- Should any provision of the Terms turn out to be invalid or ineffective, this shall not, to the extent permitted by law, result in the invalidity of the entire Terms, which shall be legally binding in the remaining scope.
- Acceptance of the Terms made by the User is tantamount to accepting every provision hereof.
- All disputes conducted with Users using the Platform in a way directly related to their business or professional activity, which cannot be resolved amicably, shall be resolved by a common court having jurisdiction over the seat of the Service Provider under Polish law.
- In matters not covered by the content of the Terms, the generally applicable provisions of the law of the Republic of Poland and the EU Law and International Law shall apply.
- The Terms are effective from July 2, 2018.