TERMS AND CONDITIONS FOR THE USE OF THE SOCIAL REEF (BETA) APP v.1ENG
These Regulations define the general conditions, rules and method of providing services by electronic means by Reef Factory Sp. z o.o. based in Bydgoszcz, via the Social Reef application (hereinafter: “the Application”).
DEFINITIONS
The terms used in the content of these regulations mean respectively:
Regulations – means these Application regulations
Service Provider / Personal Data Administrator: means Reef Factory Sp. z o.o., address: ul. Bydgoska 94, 86-032 Niemcz, entered into the Register of Entrepreneurs of the KRS kept by the District Court in Bydgoszcz, 13th of the KRS, under KRS number: 0000781869, with share capital in the amount of PLN 47,900.00, NIP: 5542976220, REGON: 38314390300000; who is also the owner of the Social Reef application.
Application Administrator – an entity indicated by the Service Provider, which is to ensure compliance with the Regulations in the entire application on its behalf.
Social Reef application – an application aimed at people interested in the subject of marine aquariums.
Electronic service – a service provided electronically by the Service Provider to the User via the Application, consisting in the possibility of viewing the content of the Application, hosting an account in the Application (hereinafter the “Account”) and posting content, photos and other materials as part of the hosting (hereinafter “Materials”) in accordance with the available functionalities of the Application.
User – a natural person, legal person or an organizational unit without legal personality that uses the Application or its functionalities in any way.
Registration – the process of providing the Service Provider with basic Identification Data that is necessary for the identification of the User and the implementation of all Additional Services provided as part of the Application to logged in Users.
Login, Nick – individual and unique name of the User in the Application, which was adopted by him at the Registration stage.
Logging in – the activity of entering Identification Data, allowing for the identification of the User and the Electronic Services he is entitled to.
Cookies – temporary text files saved on the User’s computer by the web browser when using the Application, used to ensure the proper functioning or improve the use of the Application.
§ 1. General provisions.
1. These Regulations define the rules of using the Application as well as the rights and obligations of the User and the Service Provider.
2. By using the Application, the User confirms that he has read these Regulations and accepts their provisions.
3. Using the Application may not violate generally applicable legal provisions, principles of social coexistence and generally recognized social and moral norms, including the rules of use.
4. The registration and use of the Application by the User is voluntary and free of charge.
5. Intellectual property rights to the content available within the Application, with the exception of Materials posted by Users (the rights of which the User retains), are vested in the Service Provider or third parties. The use of the Services does not transfer or otherwise grant the User any intellectual property rights to the Services or to the content contained in the Application, unless the Regulations clearly indicate otherwise.
6. It is forbidden to copy, duplicate or use, at least in part, the content belonging to the Service Provider contained in the Application without prior written consent.
7. All opinions, information, content published by the Service Provider in the Application in any form (video, photo, article, opinion, etc.), including advice published as part of the Application, are purely educational and informative and cannot be treated equitably with professional advice from relevant experts. The Service Provider is not responsible for the consequences of using the information contained in the Application.
§ 2. Account registration.
1. In order to create a User Account, the User is obliged to register.
2. After submitting the completed registration form, the User shall immediately receive, to the e-mail address provided by him in the registration form, the Registration confirmation by the Service Provider. At this moment, an agreement is concluded for the electronic provision of the User Account management service, and the User gains access to the User Account.
3. When completing the registration form, the User has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
4. The User who has registered may delete the User Account on their own or submit a request to the Service Provider to delete the User Account. Each case specified in the preceding sentence is tantamount to termination of the contract for the provision of electronic services.
§ 3. Services
1. The Service Provider provides electronic services to Users who have registered, which are free of charge and include:
a. Maintaining a User Account
b. Using the functionality of the Application consisting in the possibility of publishing photos, results, posts and commenting on other users’ publications.
2. Any User who enters his e-mail address, using the registration form provided by the Service Provider in the Application, can use the free electronic services. After submitting the completed registration form, the Customer shall immediately receive a confirmation from the Service Provider by e-mail to the e-mail address provided in the registration form. At this moment, an agreement for the provision of electronic services is concluded.
§4. Rules for using the Application
1. All content is published by the Users of the Application solely at their own risk. The Service Provider shall not be liable for any Materials posted by Users and shall not correct them in terms of substantive content or compliance with regulations. By posting content and sharing it, the User disseminates the content voluntarily. The posted content does not express the views of the Service Provider and should not be equated with its activities. The service provider is not a content provider, but only an entity that provides adequate ICT resources for this purpose.
2. In addition, the Application allows you to upload, upload, deliver, save, store and send Materials. These materials are available under the User’s Account on the basis of hosting. You retain all intellectual property rights you have in these Materials.
3. The Users of the Application undertake not to use the added Materials in the content, in the content of comments, in the content of photos, videos, in the content of the identification data provided during Registration, etc. the following materials:
a.words, expressions, phrases, images and content commonly considered offensive or vulgar,
b. Illegal materials, promoting violence, racial or religious hatred,
c. Materials that violate the principles of social coexistence, in particular offensive, demeaning, stigmatizing and ridiculing,
d. Materials that comment on, stigmatize, slander or ridicule people in public and political life, both by quoting the names of these people and the functions or positions they hold, and in a way that allows them to be recognized (identified),
e. Materials commonly considered morally reprehensible, socially inappropriate, being (or likely to result in) slander or provoking a quarrel,
f. Materials promoting alcohol, intoxicants and drugs,
g. Materials breaking the copyright, including those contributing to the infringement of copyright (including reprints from the media),
h. Materials containing personal data, address, contact details, e-mail addresses,
i. Spam materials that have nothing to do with a given topic or comment,
j. Advertising and other materials promoting specific products, websites, companies, events, websites, people, etc., as well as containing www / e-mail addresses, price lists, information about promotions, without the written consent of the Service Provider,
k. Materials that disseminate false or misleading information,
l. Materials containing offers to buy, sell (even indirectly).
4. The user who registers declares that the provided Identification data does not infringe the rights of third parties, applicable legal provisions and these Regulations.
5. Using the Application is tantamount to consenting to the marking of statements and messages with the User’s name provided during Registration or entered in the form for adding a statement (topic or comment).
6. In connection with the use of the Services, the User may receive service announcements, administrative messages and other information.
§ 5. Copyright
1. The proprietary copyrights to the content published by the Service Provider as part of the Web Application belong to the Service Provider. Copyrights are protected under the polish Act of Copyright and Related Rights (Journal of Laws of 2017, item 880, as amended).
2. Using the content published as part of the Application does not mean that the User acquires any copyrights. The user may use this content only to the extent permitted by the act on copyright and related rights.
3. No part or all of the content used by the User may be reproduced and distributed, in any form or in any other way (electronic or mechanical), including copying and posting on the Internet. The use or use of the content in whole or in part without the written consent of the Service Provider is prohibited.
4.The User, by uploading, uploading, delivering, saving, storing and sending Materials to or through the Services, the User, in exchange for the possibility of using the Application and Services, grants the Administrator a non-exclusive, unlimited in time, quantity and territorial license (hereinafter the “License”) , with the right to sublicense, to use these Materials. The license covers:
a. all copyrights and related rights to the Materials, without any restrictions, to the fullest extent provided for by law and in all known fields of use, including those indicated in art. 50, 74 and 86 of the Copyright Law, in particular: (i) in the field of recording and reproducing the work – producing copies by any technique, including printing, reprographic, magnetic recording and digital technology; (ii) within the scope of trading the original or copies on which the Material was recorded – marketing, lending or renting the original or copies; (iii) in the scope of disseminating the work in a manner other than specified above – public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work publicly available in such a way that everyone can have access to it at a place and time chosen by them .
b. permission to exercise the derivative copyright of the Materials, i.e. the right to consent to the creation and use of studies, as well as the disposal of them;
c. permission to introduce any changes and modifications to the Materials that are necessary but do not change the meaning of the Material, including for the purpose of using them by the Administrator as part of any promotional or advertising activities;
d. includes the authorization to exercise moral rights in relation to the Copyright Materials, including those indicated in art. 16 Copyright.
5. The provisions of the Agreement concerning the Materials equally apply to: (a) the Materials as a whole and all their components, both in whole and in terms of their individual fragments (b) each version of the Materials or their elements, regardless of the stage works on which they were created, in completed or incomplete form; (c) the area of the world as a whole, without limitation in quantity, territory or time, or to third parties.
6. The User also allows the use of his image, name and surname (if they are posted by the User as part of the Account) and for the Administrator to inform about the cooperation with the User under the Application in: (a) Administrator’s press releases, (b) Administrator’s self-promotion and / or its products or services as part of portals belonging to the Administrator or other entities from its capital group, (c) in advertising and promotional messages of any kind, including television, radio, press, internet and external advertising regarding the Administrator and / or its products or services in the field of informing about cooperation with the User as part of the Application.
7. The User declares that at the time of granting the License, he has all the rights and the right to grant it in accordance with the Regulations and undertakes to cover all damages and costs resulting from or related to providing false information, including damages and costs resulting from any court and extrajudicial proceedings. such as penalties imposed, damages awarded or provided for in settlements, costs of proceedings and legal aid. The Service Provider will inform the User about such proceedings or claims, and the User undertakes to help in this regard.
8. The Application may contain content not belonging to the Administrator, eg Materials posted by Users as part of hosting. Responsibility for this content lies with the person who provided it. The administrator does not monitor or check this content.
9. It is forbidden to upload, send, deliver, save, store and send any illegal content within the Application, including Materials, eg that violates applicable laws, decency or the rights of third parties. If the Administrator receives a notification about the illegal nature of the content, the Administrator will react to such notification in accordance with applicable law, including the decision to block access or remove the content.
10. The administrator provides the e-mail address: admin@socialreef.pl in order to report by users notifications about the unlawful nature of the Materials posted in the Application, including violations of the law, Regulations, good manners, standards of social coexistence, etc.
11. If the Administrator is contacted by authorized state authorities established to detect, prevent or prosecute crimes, the Administrator provides such authorities with relevant data related to the functioning of the Application, including data on the IP of the user who posted the content or otherwise used the Application. The Administrator acts in this respect only in accordance with the relevant legal provisions obliging the Administrator to provide such data.
§ 6. Protection of personal data
1. The processing of data provided as part of the Application is carried out in accordance with the Act of 27 April 2016 on the protection of personal data (uniform text: Journal of Laws UE L 119 of 04/05/2016) and the polish Act of providing services by electronic means (Journal of Laws No. 144, item 1204, as amended). The rules for the processing of personal data and the protection of privacy are described in the Privacy Policy. By using the Services, you accept that the Administrator may use said personal data in accordance with the Privacy Policy.
2. In order to ensure the highest quality of services, the Application uses information saved by the server on the User’s device, which is then read each time a given IP address is connected (so-called cookies). The cookie mechanism is commonly used by websites. It is possible for the user to prepare his web browser in such a way as to inform about when cookies are sent or to prevent the transmission of cookies. The Administrator uses cookies mainly to improve the use of the Application by the user, none of the cookie information is used to identify or determine the user’s identity. The User may at any time disable the option of accepting cookies, however, this may cause difficulties in using the Application. More information on cookies and their control can be found in the Privacy Policy, as well as in the settings of your web browser.
3. If you have any questions or concerns regarding the protection of personal data, we are available at the e-mail address rodo@socialreef.pl.
§ 7. Service Provider’s rights and responsibility
1. The Service Provider reserves the right to:
a.delete Materials posted by the User without giving any reason,
b.delete Materials posted by the User in breach of these Regulations,
c. blocking the possibility of adding Materials by the User who violates these Regulations,
d. limit the number and quantity of statements, topics observed,
e. deleting User accounts and Materials posted by the User suggesting that the author is the Service Provider,
f. conducting promotional and auto-promotional campaigns in the Application
g. deleting User accounts that drastically violate applicable law and the Application Regulations.
2. The Service Provider is not responsible for the malfunctioning of the Application caused by:
a. the action of higher forces,
b. a failure caused by the User’s fault or irregularities in the User’s computer system,
c. the quality of the User’s link (connection) to the Internet,
d. failures of devices of the User’s Internet providers.
§ 8. Final provisions
1. The administrator has the right to change the Regulations. Information about the modification of the Regulations will be published as part of the Application. The changes come into effect 14 days from the date of publication, with the proviso that changes regarding new free functions of the Service or introduced for legal reasons shall enter into force immediately after publication. If the User does not accept the changes, he should stop using the Service they concern.
2. If the User does not comply with the Regulations, and the Administrator does not take appropriate action immediately, it does not mean that he resigns from any rights due to the Administrator (for example, enabling him to take action in the future).
3. The regulations and the legal relationship regulated by it are subject to the law of the Republic of Poland. To the extent permitted by law, disputes related to the Regulations will be considered by Polish courts.