TERMS AND CONDITIONS
TERMS AND CONDITIONS FOR THE PROVISION OF PLATFORM SERVICES
I. GENERAL PROVISIONS
- These Terms and Conditions determine the rights and obligations of the User and Service Provider concerned with using the Platform, available via IT networks at the following URL address – www.dropapp.pl, and on subpages and subdomains related to the provision and usage of the Service. These Terms and Conditions have been developed, adopted and made available to Users in line with the requirements of the Act of 18 July, 2002, on Providing Services by Electronic Means (Journal of Laws of 2002, No. 144, item 1204, with later amendments) and the Act of 30 May 2014, on Consumer Rights (Journal of Laws of 2014, item 827).
- The entity supporting and providing the Platform Services is Made in Media Ewa Witkowska, 78/A101-A110 A. Struga Street, 90-557 Lodz, TIN 726531707, hereinafter referred to as the Service Provider.
- Before using the Service, please read this document carefully.
- Platform – an Internet platform available via public IT networks at the following URL address – www.dropapp.pl, and on subdomains accessible by means of Google Chrome, Firefox, Internet Explorer and Opera web browsers in versions available on the day the Platform was launched (12/09/2016).
- User – a natural person having full legal capacity, a legal person, an organizational unit without legal responsibility registered on the Platform.
- User Account – a personalized space within the Platform, available to a registered User after logging in with one’s Password and Login, by means of which a User can manage access to Content, or gain access to Content which has been paid for.
- Creator – a User who owns an Account and holds the rights to publish one’s own Content on the Platform, and may charge fees as a result of offering Content to Users by means of the Platform.
- Login – a string of alphanumeric characters created by a User and used for identification when using the Services.
- Password – a string of alphanumeric characters created by a User and used for gaining exclusive access to one’s Account.
- Content – content in the form of written, visual, audio or audiovisual works, or software, offered to a User as part of the Service, in line with the Act on Copyright and Related Rights (Journal of Laws of 2000, No. 80, item 904, with later amendments), and subject to protection in accordance with the provisions of said Act and other provisions of the Intellectual Property Law. Creators and other entities referred to in the Content itself possess Content Rights. As for Software, Creators inform about its technical requirements each time, ensuring the software’s correct operation.
- License – a set of rights concerned with Content, authorizing a User to use the Content under the terms and conditions determined in this document, after paying the license fee, or under the terms set out in detail in the Content on the Platform, or in any other documents provided by the Creator.
- Providing Services by electronic means – a manner of performing a Service which is based on sending and receiving data via IT systems, at the individual request of a User, without the simultaneous presence of both parties, as part of data transmission via public networks, within the meaning of the Act of 16 July, 2004, on the Telecommunications Law (Journal of Laws of 2004, No. 171, item 1800, with later amendments), and in accordance with the provisions of the Act of 18 July, 2002, on Providing Services by Electronic Means.
- Service – the activities conducted by the Service Provider which consist in acting as an intermediary when providing a User with access to Content free of charge, at the individual request of the User, without the simultaneous presence of both parties, as part of data transmission via public networks, within the meaning of the Act of 16 July, 2004, on the Telecommunications Law, under the terms described in detail in this document.
- Fee – the license fee determined by the Creator, including Value Added Tax, payable by a User or a third party directly to the Creator, as well as through intermediaries, upon payment of which the User will obtain a Content License.
III. SERVICE PROVISION AGREEMENT
- The Service Provider performs the Service in accordance with these Terms and Conditions.
- The Service Provider provides the User with these Terms and Documents free of charge before concluding the Service Provision Agreement.
- The User is obliged to comply with the provisions of these Terms and Conditions.
- The provision of the Services begins when the User registers on the Platform, which is tantamount to accepting these Terms and Conditions, and concluding the Agreement between the User and Service Provider under the terms determined in this document.
- The Service Provider shall have the right to make amendments to these Terms and Conditions over the duration of the Agreement only if an important reason arises, which is limited exclusively to the following:
- Changing the functionality of the Platform in order to:
- facilitate using the Service by the User,
- introduce new functions to the Service which require changes in these Terms and Conditions,
- delete functions which the Service Provider cannot maintain due to technical reasons, which require changes in these Terms and Conditions;
- The necessity to adapt these Terms and Conditions to the legal provisions in force.
- In case of changes in these Terms and Conditions, the Service Provider is obliged to send the new version of this document, with any changes highlighted in the text, to Users’ email addresses. If a User has not submitted one’s email address, information concerned with the amendments to these Terms and Conditions will be provided via the Platform.
- Any User who does not accept these Terms and Conditions after changes have been made holds the rights to terminate the Agreement at any time by notifying the Service Provider. The new Terms and Conditions become binding on the day stated in the document, provided that the User does not terminate the Agreement within the next 30 calendar days after receiving the new document.
- Full access to the Content available on the Platform and all the Platform’s other functions is gained after registration only.
- Registration is voluntary.
- The User creates one’s own Login and Password when completing the registration form, or uses the Login and Password assigned to the User earlier by a third party authorized by the Service Provider. In order to register, the User must give the following data:
- Name or company name, delivery address, email address, contact telephone number – legal persons, natural persons running their own economic businesses and organizational units without legal responsibility.
- Name and surname, email address, telephone number, country – natural persons who are consumers.
- In order to complete the registration, the User must correctly submit the data from par. 3 when filling in the registration form. Data submission is voluntary. If such data is not provided, then an Account cannot be set up and the Platform cannot be used.
- The User is obliged to give one’s true and personal data. Using the personal data of other people results in criminal liability.
- In case of registration problems on the Platform, requests should be sent to the following email address – firstname.lastname@example.org.
- The User is obliged to familiarize oneself with these Terms and Conditions before registration. During registration, the User declares having read this document and consents to the processing of one’s personal data for purposes related to the provision of the Services by the Service Provider.
V. USER OBLIGACTIONS AND RIGHTS
- As part of the Service, the User is given access to the Content only for one’s own personal use. This means that the User does not acquire the rights to reproduce the Content in whole or in part, nor to introduce changes or modifications. Depending on the obtained license rights, after paying the license fee specified in the price list of the Creator (not the Service Provider), the User can acquire the rights to send and use the Content in public, share it, as well as present or use the Content for commercial purposes.
- The User is obliged to keep one’s account Login and Password confidential. The Service Provider is not liable for any damages which result from the User providing third parties with one’s account Login and Password.
- The User can do the following on the Platform:
- Use the Content available on the Platform in accordance with these Terms and Conditions.
- Use the additional functionalities of the Platform provided by the Service Provider.
- The User cannot do the following on the Platform:
- Breach or avoid any security measures safeguarding the rights of the Service Provider and Users.
- Translate, adapt, change the layout, or introduce any changes or modifications to the Content, or its parts. Any modifications, or other abovementioned changes constitute copyright infringement, as well as an infringement of these Terms and Conditions.
- Lend, lease, or transfer the rights given to the User under this Agreement, and other rights concerned with the Content to other people and third parties.
- Use, dissemble, decompile, or duplicate the code in any way, or translate its form to an extent exceeding the rights resulting from the applicable provisions of law (in the case of software)
- Remove or hide any information about copyright and trademarks found in the Content available on the Platform.
- Offer Content published on the Platform, in particular for further release or lease, with the exclusion of third parties who are distributors who have concluded relevant agreements with the Creators.
- Publish vulgar, pornographic content, or content calling for hatred or violence in any form, content propagating racism, or violating generally accepted ethical norms that could affect the personal rights of individuals or third parties.
- The Service Provider exercises due diligence in order to provide the Service to Users.
VI. OBLIGATIONS AND RIGHTS OF A USER WHO IS A CREATOR
- As the owner of an Account, the Creator can add Content to the Platform.
- The Creator holds all ownership rights to one’s own Content, however, the Creator is obliged to give limited license rights to the Service Provider and other Users of the Services.
- The Creator accepts and acknowledges the fact that the Creator is the only one responsible for the Content and the consequences of it being uploaded, or published on the Platform.
- The Creator declares and ensures that the Creator has, and will continue to have when using the Services, all the necessary licenses, rights, consents and permits that are required for the Service Provider to be allowed to use the Creator’s Content in order to provide one’s Services, and to use the Creator’s Content in the manner described in these Terms and Conditions.
- The Creator agrees not to upload or send Content that contains materials which are illegal, or against decency and good manners, especially sexual Content, one that disrespects religious feelings, or Content of discriminatory and of Nazi nature.
- The Creator assures that one’s Content provided for the Services does not contain any materials that are subject to the property rights of any third parties (including the right to privacy and the right to the protection of one’s image), unless the Creator has an official license, or the consent of the rightful owner, or is otherwise authorized to publish the material and to give the Service Provider the appropriate license.
- In cases when the Service Provider becomes aware of a possible violation of these Terms and Conditions, especially the violation of the copyrights of third parties, the Service Provider reserves the right to delete the Content.
- The Creator gives the Service Provider a non-exclusive, territorially unlimited license free of charge, to use, duplicate and propagate one’s Content within the Platform, to develop works dependent on said Content, to reproduce and propagate them in any manner as part of providing the Services and running one’s business, including, among others, promoting and propagating the Services in part or in whole (including the dependent works), regardless of the medium format and transmission method. This license includes the rights to grant sublicenses under the terms set out in the previous sentence without the consent of the Creator.
VII. CONTENT LICENSE
- After the User or another person acting on the User’s behalf makes the payment, or free of charge (depending on the type of license), the User has a non-exclusive, time-limited and territorially unlimited Content License for an unlimited number of workplaces.
- The Content License is granted for the permanent, or temporary reproduction of the Content in its entirety by any means and in any form; to the extent to which it is necessary to reproduce the Content in order to introduce, display, use, transfer and store.
- Any disclosure of the Content to third parties, regardless of the legal basis, requires prior written consent of the Creator.
- The legal successor of the User holds the rights to use the Content in the manner specified in these Terms and Conditions.
- The Creator and Service Provider shall not be liable to the User for any damages that may have arisen as a result of using the Content in an inappropriate manner, inconsistent with its intended use, contrary to the instructions given, or resulting from an unauthorized configuration interference (in the case of software).
- The Creator is solely responsible for any damages caused by the incorrect operation of the Content due to the Creator’s fault, and in other cases of legal liability, up to the payment amount. This does not apply to consumers within the meaning of the provisions of the Civil Code.
- The license covers the rights to obtain and use updates (upgrades) of the Content over the duration of the license, if such are executed.
- The license covers the rights to obtain and use upgrades (extensions, significant functionality extensions) of the Content over the duration of the license, if such are executed.
- The User does not obtain any rights to the Content, trademarks nor any demarcations other than those resulting explicitly from these Terms and Conditions.
- The Content is licensed, and not sold.
- The Creator declares that once the license expires, the User shall hold the rights to further use the Content under the terms previously set out in these Terms and Conditions. After the license expires, the User will not have access to the Platform, which includes Content updates and upgrades, and using the Content on the Platform (online).
- The detailed conditions and rules for adding and managing Content on the Platform are available to the Creator after submitting a request for adding Content to the Service Provider to the following email address – email@example.com, and after the conclusion of relevant agreements, or accepting relevant terms and conditions.
VIII. NECESSARY TECHNICAL REQUIREMENTS
- The necessary technical requirements that need to be met in order to cooperate with the IT system used by the Service Provider, enabling proper access to the Content available on the Platform, include:
- For all devices: Internet connection, including access to an Internet connection with at least a 4 Mb/s actual bandwidth.
- Using Google Chrome, Firefox, Internet Explorer or Opera web browsers in versions available on the day the Platform was launched (12/09/2016).
- The Service Provider does not guarantee the proper functioning of the Service if the User’s device does not meet the requirements specified in par. 1.
- The User is obliged do familiarize oneself with the detailed scope of functions, types, manner and technical requirements for individual Content every time. The payment made by the User is tantamount to accepting the technical requirements and the manner in which the functionality is implemented. The Creator and Service Provider are not responsible for any expectations of the User in terms of functionalities that are not set out by the Creator in the description of the Content.
IX. ACCESS TO THE CONTENT AND PLATFORM
- The Platform contains both paid materials and materials free of charge.
- The User gains access to the paid Content after making a payment to the Creator, expressed in the currency of the country of purchase. The indicated price includes Value Added Tax.
- The User gains access to the free Content with the start of using the Content without the need to make any payments. The Creator determines the duration of the free license in the description of the Content on the Platform each time.
- Paying the fee is tantamount to the possibility of activating a non-exclusive license for the User to use the paid Content for the time dependent on a given Fee and Content, in accordance with these Terms and Conditions and the description of the specific Content available on the Platform.
- The license is given for a definite period of time, in accordance with the provisions of these Terms and Conditions, and in line with the information contained in the description of the Content provided by the Creator.
- Maintaining one’s Account on the Platform for the duration of the license is the condition for having online access to the Content on the Platform.
- The license expires in the following situations: the duration of the license is over, the Platform is deleted, changes in the law prevent the propagation of specific Content, a final judgement preventing the publication of Content on the Platform is issued by Court; the User uses the Content in an inappropriate manner, inconsistent with these Terms and Conditions and with its intended use, contrary to given instructions, or the User interferences in the configuration without authorization (in the case of software).
- In the event of the Creator’s resignation from sharing Content on the Platform, the Creator is obliged to provide access to the content to those Users who have paid the fee for access to the Content of the Creator, until the license rights of the Platform User expire.
- People other than the Creator are forbidden to modify any Content, including written texts, visuals, sounds, audiovisual files or software offered as part of the Service.
- The User makes a payment in the form indicated by the Creator, to the Creator, through third parties, or directly to the Creator, as indicated in the description of the Content.
- Payments are made in accordance with the conditions of the services provided by appropriate operators of individual payment channels, based on separate terms and conditions of each operator. Making the payment is tantamount to accepting the terms and conditions of a given operator.
X. TERMINATION OF SERVICES
- The User is entitled to terminate the agreement at any time. The notice of contract termination should be submitted in writing to the correspondence address of the Service Provider, or sent via email to the following address – firstname.lastname@example.org. The contract termination notice should contain data which will allow for the unambiguous identification of the User.
- The User is entitled to resign from using the Service at any time by submitting a request to the Service Provider to delete the User’s Account to the following email address – email@example.com. The Account will be deleted immediately after the Service Provider accepts the User’s request, referred to in the previous sentence. The deletion of the Account prevents further use of the Content available on the Platform only (online).
- The User who is a consumer is entitled to withdraw from the service provision agreement within 14 days from the date of the conclusion of said contact, provided that the User has not started using the Service. Such a withdrawal referred to in the previous sentence should be realized by sending a written declaration of will to the correspondence address of the Service Provider, or via email to the following address – firstname.lastname@example.org.
- The Service Provider is entitled to terminate the Agreement with the User one month ahead, at the end of the calendar month, in the event of the Service Provider resigning from business activities in the scope covered by these Terms and Conditions regardless of the reason.
- The User Account will be deleted by the Service Provider in the case of:
- The User’s death,
- The User’s violation of the provisions of these Terms and Conditions,
- Posting advertising or promotional materials without the prior consent of the Service Provider,
- The User’s violation of the provisions from section V, para. 4.
- By registering, the Users agree to the processing of their data for the purpose of providing the service by the Service Provider and the Creator, under the terms and regulations set out in the provisions of the Act of August 29, 1997, on Personal Data Protection (Journal of Laws of 2002, No. 101, item 926, with later amendments). Besides the abovementioned case, the User’s data may be disclosed only to the competent judicial and public authorities entitled to their access, on the basis and within the limits of the applicable law.
- The Service Provider is the administrator of the Users’ personal data. If the User purchases Content from the Creator, then the Creator is an administrator of the User’s personal data as well.
- Any User who has submitted personal data is given access to the data concerned with the User by the Service Provider, in order to verify or correct the data, stop its processing, or to delete it. To obtain information regarding the processing of personal data referred to in the previous sentence, a request should be sent to the Service Provider to the following email address – email@example.com.
- As the administrator of the Users’ personal data, the Service Provider is responsible for the security of the data provided by the Users, especially against unauthorized access.
- After obtaining additional consent:
- The Service Provider will sent business information to the User via IT systems, in accordance with art. 2 par. 2 of the act on Providing Services by Electronic Means.
- The User’s personal data will be processed for marketing, statistical and market analyses purposes, for example to develop and send information about the goods and services of current and future partners.
- In the case of PC computers, for technical reasons significantly improving the efficiency of the Service, the Service Provider may use cookie files saved on the disk of the User’s computer and collect information on its IP address. A “cookie” is a short text file, saved on a computer disk, from which the User connects to the Platform, in which only the encrypted computer system identification is saved. By no means do “cookies” allow for the identification of the person visiting a website, nor do “cookies” save any information which would enable such identification. For cookies to work, they must be enabled in the web browser and cannot be deleted from the computer disk. Failing to provide cookies, or deleting them, may result in difficulties in using the Service, for which the Service Provider is not responsible. On the basis of system log analyses, the Service Provider collects information concerned with the websites used by the Users and their IP addresses. Such information is used for technical purposes related to administrating portal servers, as well as for statistical purposes when conducting demographic analyses of users.
XII. COMPLAINTS PROCEDURE
- The User is entitled to file complaints.
- The complaints are processed by the Service Provider in terms of the operation and functionality of the Platform.
- Complaints regarding the operation and functionality of the Platform should be reported in writing to the correspondence address of the Service provider, or sent via email to the following address – firstname.lastname@example.org.
- Complaints regarding Content should be reported to correspondence addresses indicated in the description of particular Content, or at indicated telephone numbers, or to given email addresses.
- A complaint notification form should include data which will allow to identify the User and contact data (e.g. correspondence address, contact telephone number, email address), as well as indicate the subject of the complaint and its justification. It may include the desired form of contacting the User.
- The Service Provider is obliged to process the complaint within 14 calendar days and immediately inform the User about the outcome of the complaint procedure.
- Failure to notify the User within 14 calendar days about the outcome of the complaint procedure is tantamount to accepting the complaint.
XIII FINAL PROVISIONS
- In matters not coveted by these Terms and Conditions, the provisions of the Polish law are applicable, in particular the provisions of the Civil Code.
- All disputes arising from the implementation of the agreement are subject to the jurisdiction of Polish courts.
- Any questions, comments or suggestions regarding the Services, as well as these Terms and Conditions, should be sent email to the following address – email@example.com.
- These Terms and Conditions are available on the Platform website.
- These Terms and Conditions shall enter into force on September 12, 2016.