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§1. General principles
- This document sets out the terms and conditions for using ErotisNews Website.
- The owner of the service is Wydawnictwo Xpress, ul. Zaciszańska 31/2, 03-284 Warszawa, Poland Tax number: 113-27-117-3. Email: firstname.lastname@example.org
- In order to use the service, it is necessary to read these Regulations. Using the website means accepting the Regulations.
- The terms used in the regulations have the following meaning:
- Platform – an on-line platform run by the Service Provider in Polish and English at www.erotisnews.com;
- Service provider – Wydawnictwo Xpress, ul. Zaciszańska 31/2, 03-284 Warszawa, Poland Tax number: 113-27-117-3. Email: email@example.com
- Website – website at www.erotisnews.com and all its sub-pages;
- User – a natural person, having full legal capacity, or an organizational unit without legal personality, who uses the Platform. The User may be both a natural person not conducting business activity and an entrepreneur;
- Consumer – in accordance with the Act of 23 April 1964 of Polish Civil Code – the User who, as a natural person, performs through the Platform a legal action not directly related to his business or professional activity;
- Users may contact the Service Provider by email: firstname.lastname@example.org
§2. Services provided through the Platform
- The Service Provider provides electronic services to the Users via the Platform.
- The Service Provider does not charge for providing Services to Users.
- The essence of the Services is to enable access to the Platform via the Internet. Through the Platform, the Service Provider provides, among others, the following types of Services:
- Commenting on and evaluating current events, news and articles about eroticism,
- Adding information about products, events, fairs related to eroticism
- Searching for the above information,
- Reviewing erotic products and material cultural goods
- Publication of articles connected to erotica.
- Subscription to the newsletter,
§3. General rules for using the Platform
- In order to use the Services available through the Website or by means of mobile devices the User must meet the following technical requirements:
- have a computer, laptop, cell phone or other device with Internet access;
- have access to e-mail;
- use a web browser (e.g. Mozilla Firefox in the latest version, Google Chrome in the latest version, Apple Safari in the latest version);
- enable the possibility of saving cookies in your browser;
- All actions taken by the Users should be in accordance with applicable laws and good manners.
- It is forbidden to use the Platform in any way to act to the detriment of other Users, Service Provider and third parties.
- Each User is obliged to:
- to use the provided functionalities and resources of the Platform in accordance with the purpose of the Platform;
- to respect the principles of Polish law,
- respect the rights and personal rights of other Users,
- not acting to the detriment of other Users, Service Provider and third parties.
- By placing in the Platform content constituting a work within the meaning of copyright law, the User grants the Service Provider a non-exclusive, irrevocable, free of charge, unlimited in time and territory license and allows for granting further licenses. The license entitles to exercise the copyright, to the extent necessary to implement the objectives and promote the Platform and other platforms and services of the Service Provider.
- The user grants a license to use the content in the following fields of use:
- recording and multiplication of content – production of copies of a work by a specific technique, including printing, reprography, magnetic recording and digital technique;
- marketing the original or copies;
- public performance, exhibition, display, playback, broadcasting and rebroadcasting, as well as making the work available to the public in such a way that everyone can access it at a place and time of their choice
- All forms of publication, especially posters, leaflets, billboards, other printed promotional materials,
- TV and radio reports and spots,
- publications in newspapers and magazines,
- dissemination on the Internet, on the Platform, on social networking sites, in banners on other portals, in a newsletter,
- to make it available to other entities for the purposes specified in the above points.
- The user is solely responsible for the accuracy of the data entered in the comment. In particular, the User is responsible for the violation of third party rights related to the placement of content and comments on the Platform. In case of making any claims against the Service Provider related to the infringement of the rights of third parties – the User will be informed about them and is obliged to provide any assistance to the Service Provider in order to clarify the matter.
§4. Responsibility. Access and use of the Platform
- The Service Provider undertakes to take all measures to ensure proper, safe, continuous and error-free access to the Platform.
- The Service Provider has the right to make changes to the Service and the Platform in connection with the ongoing work on improving and upgrading the Platform. In particular, the Service Provider has the right to change the functionality of the Platform.
§5. Complaints related to the technical functioning of the Platform
- Each User is entitled to make a complaint about any irregularities in the operation of the Platform within 14 days from the occurrence of the irregularities. The complaint should be submitted by e-mail sent to the address: email@example.com. The description of the irregularity should enable the Service Provider to identify the problem and repair it.
- The service provider will consider the complaint within 14 calendar days from the date of receiving the complaint.
- In case of a serious technical error, the Service Provider reserves the right to restrict access to the Platform’s service.
- All possible errors in the functioning of the Platform, comments and information about the operation of the Platform and the Website, as well as violations of the Regulations, please report to the Service Provider electronically.
§6. Intellectual property rights
- All materials, including graphic elements, layout and composition of these elements, trademarks and other information, available on the Platform and on the Website are the subject of the Service Provider’s exclusive rights. The indicated elements are the subject of author’s economic rights, industrial property rights, including rights from the registration of trademarks and rights to databases, and as such enjoy statutory legal protection.
- The downloading or use of any of the materials available on the Platform requires the written consent of the Service Provider at all times and must not violate the provisions of these Terms of Service and the generally applicable law, as well as must not infringe the interests of the Service Provider.
- It is prohibited to modify and copy elements of the Website and the Platform.
- The creation of websites and applications similar or identical to the Platform that mislead audiences and may give the impression that they come from or have a connection with the Service Provider constitutes a violation of the Act on Unfair Competition.
§7. Final principles
- In matters not regulated by these Regulations, the provisions of generally applicable Polish law shall apply.
- All disputes arising under these Regulations and the agreement concluded by the User and the Service Provider shall be governed by Polish law and the competent courts of Polish jurisdiction. The competent court for disputes arising between the Service Provider and the User who is not a consumer is the court with jurisdiction over the seat of the Service Provider. The competent court for disputes to which the Consumer is a party is the Consumer’s place of residence.
- The regulations are effective as of 1 January 2021.