§ 1 [Definitions]
Terms used in the document shall have the following meanings:
- Operator – Clusor LLC with its registered office address in Warsaw at: 9B Lanciego Street, 02-792 Warsaw, entered into the Registry of Entrepreneurs kept by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Registry with the registration code 0000389542, revenue identification number (NIP) 9512342151, enterprise registration number (REGON) 142985046, stock capital: 5.000 PLN.
- User – every legal or natural person, who performed Registration to the Service or uses the Service in any other way.
- Registration – the process of registering in the Service.
- The Content – contents published by Users in the Service, especially Contest Entries.
- Contest Entries – the Content published by Users in the Service on the principles stated in the separate rules. Contest Entries consist mainly of projects (descriptions) of Smartphone applications.
§ 2 [Basic information]
- The Service constitutes a platform aimed at people interested in creating and realizing mobile application projects (in the environment of: Android, iOS, Windows Mobile, Windows Phone, Symbian, BlackBerry, Bada etc.). However, the Operator cannot, in any way, disable the Service’s usage by other persons than the ones mentioned in the previous sentence.
- The Service constitutes an exclusive property of the Operator.
- The Operator shares with his Users the following email address: firstname.lastname@example.org designed for contacting the Operator, as well as sending questions, suggestions, remarks and information concerning using and functioning of the Service by Users.
- The use of the Service is free of charge.
- Logo and name of the Service constitute legally protected goods and are owed by the Operator; any exploitation of the logo or of the name of the Service without the Operator’s permission, except for cases allowed by the universally binding rules of law, is forbidden and may result in the Operator’s immediate reaction.
- The copyright to the graphic elements of the Service and to other contents included within the Service by the Operator, which constitute the protected work within the meaning of the Law of 4th of February 1994 on Copyright and Related Rights (Journal 2006, No. 90, item. 631, as amended) , as well as the access to the Service as a whole, are vested only in the Operator, or in the third party from which the Operator has obtained the appropriate license for the use of these creations.
Therefore, any copying, reproduction, distribution and studies of elements of the Service, as well as the appearance of the Service as a whole, without a clear written consent from the Operator or from the appropriate third party, constitutes an infringement of copyrights of the Operator or of the third party and may result in an immediate reaction of the Operator or of the third party, involving the liability for the damages of the copyrights’ violator.
- The Operator possesses exclusive right to place on the Service any advertising, promotional or marketing materials deriving from the Operator or from the third parties.
§ 3 [Technical conditions of the use of the Service, prohibition of providing unlawful content, reporting unlawful contents]
- For the proper usage by the Users of the services available on the Service, including effective registration and login, it is necessary to fulfil jointly the following conditions:
- have connection to the Internet network;
- possess equipment which allows the use of the Internet resources;
in order to Register in the Service it is necessary to have an active email account.
- The Operator clearly stipulates that it is forbidden to place within the Service any content of an illegal character, especially content that incites racial, ethnic or religious hatred, refers to pornography, glorifies fascism, Nazism, communism, violence, profanes, violates the rights of others etc.
- It is forbidden to place within the Service any materials, that in any way violate copyrights or rights protected by the trademarks.
- Whenever the Operator finds out about a User placing illegal content on the Service, access to such content shall be blocked.
- Users are required to inform the Operator about cases involving the placing of illegal content within the Service. For this purpose a message, including adequate information, shall be sent to the email address mentioned in § 2 passage 3. The message should include a link to a sub-page on which illegal content has been placed or any other indications that will enable the Operator to locate the place with the illegal content within the Service.
PROVISIONS RELATED TO USERS, CONCLUSION OF THE AGREEMENT, THE SERVICES
§ 4 [Conclusion of the agreement of the use of the Service – Registration]
- The Operator enables, through the Service, to conclude with him the agreement concerning the use of the services conducted by the Operator within the Service, which enable the Users’ access to particular functionalities of the Service.
- The agreement is concluded in the moment of the conclusion of the Registration process by the User.
- In order to Register, a User interested in using the services performed by the Operator within the Service, is obliged to provide his: email address, password, first name and surname, as well as to read and accept the Terms of Services.
- The Operator will immediately send email message with a link to the email address, mentioned in the previous provision. Launching this link will confirm and finish the Registration process.
§ 5 [Services available for Users]
Each User who has completed the Registration process may, according to the rules stated in the present Terms of Service, use the following services:
- review data provided by the Operator within the Service,
- participate in contests announced by the Operator in accordance with the rules stated in separate documents
- participate in voting which determine winners of particular contests, in accordance with the rules stated in the separate documents.
§ 6 [The Content – License]
- By placing within the Service his/her own contents which constitute the subject of copyrights, a User declares to have created them himself/herself and/or that he/she owns the full copyrights to the content or that he/she has received power of attorney from a subject who owns copyrights to that content to put this content within the Service. The power of attorney shall be of at least such an extent, that the subject is authorized, according to the law, to grant permission to the Operator to use the Content, as described in the next passage.
- By placing his/her own contents within the Service, the User grants the Operator with non-exclusive, free of charge, territorially and temporally unlimited license for:
- the use of the Content in order to publish it within the Service in a way, which enables the access to it by anybody at anytime via the Internet network or other network for data transfer for consideration or free of charge, according to the Operator’s free choice;
- the making of the modifications within the Content to the extent which would enable its correct display within the Service, as well as the making of the corrections of obvious clerical errors or mistakes, stylistic, spelling, punctuation.
- User bears full legal responsibility for his/her Own Content posted by him/her within the Service.
- The provisions of the previous passages shall relate in particular to the Contest Entries. However, these provisions do not in any way collide with the provisions of separate regulations in the field of the Operator’s powers to use the ideas, thought patterns etc. included in the Contest Entries.
TERMINATION OF agreement
§ 7 [Termination of Agreement and Deleting of an Account]
- In case of the termination of Agreement, User loses the ability to access services provided by the Operator within the Service.
§ 8 [Disclaimer of the Operator]
- The Operator undertakes to, wherever possible, inform Users in advance about disruptions in the functioning of the Service, in particular about the maintenance intervals.
§ 9 [Reclamations]
- Each User has the right to make a complaint in matters relating to the functioning of the Service.
- Complaints must be submitted electronically to the following address: email@example.com or by writing to the Operator’s address indicated in § 1 passage 1.
- The Operator shall decide on the reclamation within 14 days of its receipt. When submitting a complaint via electronic mail (email), the User agrees to receive a response to the complaint from the Operator also via email. Operator reserves the right not to answer to the complaint if it is clearly unjustified, for example: re-making a complaint based on the same allegation as an earlier User’s complaint which was not approved by the Operator.
- The answer to the complaint will be sent to the User ,to the address provided by him/her in the complaint.
- Operator provides that consideration of a complaint may require the obtainment of additional clarification from the User.
§ 13 [Law and jurisdiction]
- Applicable law is the Polish law, including in particular the Civil Code and the Act of 18 July 2002 on electronic services (Journal of 2002 No 144, item 1204, as amended).
- Any dispute arising between the Operator and the Users shall be resolved amicably and, in the case when the agreement is not reached ,, the dispute shall be settled by a court of law, competent for the Operator’s seat address.
- Provision of the previous passage is not binding upon the consumers within the meaning of the Civil Code.