Terms of Use
  1. About
    1. Tookapic’s website is a place where the authentic pics are taken by the real people. Our team put a great effort and take all necessary measures to make our rules of conduct and terms of use understandable and accessible to everyone. The herby document set forth rules and regulations for using the tookapic website, in particular licensing and and the scope of rights and obligations for both service provider and users.
    2. By using the Website, in particular by selecting “I Agree” at the checkbox form or otherwise signifying Use ’s acceptance, User accepts this Agreement and agrees to be bound by its provisions. If You do not accept or agree with these terms, please refrain from creating an account and stop using the Website and its resources, in particular its photo content respectively.
  2. General Provisions
    1. Our Website is available under domain tookapic.com and tookapic.pl. Tookapic’s Service Provider is Tookapic limited liability company (Polish: Tookapic spółka z ograniczoną odpowiedzialnością) with registered seat at ul. Szarych Szeregów 10 lok. 28, Białystok 15-666, Republic of Poland, NIP number 5423242210, REGON 360581216 entered into the register of The Business Registry of the District Court of the City of Bialystok under the number 0000539552 amount of share capital 5.000,00 PLN.
    2. Our Terms of Use are addressed both for professionals and consumers. Service Providers acts in accordance with code of good practices set forth o in art. 2 sec. 5 Act of 23 August 2007 r. regarding countermeasure to unfair business practices.
    3. All terms and definitions shall have the same meaning as explained below, without regard for its inflection, unless it is explicitly stipulated otherwise. Wherever reference is made to following terms it shall be mean as follows:
      1. Service Provider is Tookapic limited liability company (Polish: Tookapic spółka z ograniczoną odpowiedzialnością) with registered seat at ul. Szarych Szeregów 10 lok. 28, Białystok 15-666, Republic of Poland, NIP number 5423242210, REGON 360581216 entered into the register of The Business Registry of the District Court of the City of Bialystok under the number 0000539552 amount of share capital 5.000,00 PLN;
      2. Tookapic App – a dedicated mobile application available in AppStore and Google Play that making the Application available by means of the User’s mobile devices;
      3. Subscriptions – a payment made on monthly basis within billing cycle that enables Users to access to all Tookapic’s Products under the conditions set out below;
      4. Content - shall mean any creative activity performed independently or in a group, of individual nature and of any form whatsoever, i.e. a work within the meaning of the [Polish] Act of 04 February of 1994 on Copyright and Neighbouring Rights (i.e. Dz.U. [Polish Journal of Laws] of 2006 no. 90 item 631, as amended, hereinafter referred to as Copyright;
      5. Password – a string of a minimum of 8 (in words: eight) symbols created by the User and used to protect access to the Application;
      6. Account – virtual space assigned to the User within the framework of the Website and by him edited, visible to other Users, and virtual space that enables the use of the Application with access thereto protected by Login and Password;
      7. Login – created by the User individual and unique marking of the User`s Account which comprises min. 3 digits and/or letters long, alternatively his email address, used to access the Account and enable the use of the Application;
      8. Licensee - User who downloaded Content available by means of Website within User’s subscription plan or by single purchase of one photo only;
      9. Licensor - User who uploaded Content within Account owned by him and who agrees to;
      10. Fees – payment collected from Users by Service Provider directly or through Service Provider’s resell partner, as undisclosed agent, within subscription plan or by single purchase for the access to the Content;
      11. Terms of Use – this document accompanied by Appendices thereto which constitute its integral part;
      12. Website – Internet service located at the Internet address: tookapic.com and tookapic.pl which enables the use of the Service;
      13. Service – Services within the meaning of the [Polish] Act of 18 July 2002 on Providing Services by Electronic Means which entail the making the Internet application, available by means of the Website, with elements of gamification, which, according to the principles described in the Terms of Use, enables its Users posting content of their authorship in the profiles owned by them, as well as downloading content posted in such manner by User’s through their Accounts;
      14. User – a natural person with full capacity to perform acts in law who uses the Service;
  3. Representations and warranties
    1. The User warrants that all he owns all rights, title and interest, including all copyright, trademarks, patents, rights of privacy, rights of publicity, moral rights, and other intellectual property rights or have all necessary rights and license to grant us the licenses under this Terms of Use.
    2. The User undertakes to use the Website and its services in accordance with all applicable regulations as well as public morality, in particular to respect intellectual property rights of Service Provider and other Users.
  4. Technical Requirements
    1. Use of the Website may be executed by way of a device that allows Internet access and a web browser in their latest versions: Internet Explorer, Opera, Mozilla Firefox, Chrome, Safari.
    2. In order to use the Service - apart from conditions listed in paragraph 4.1 - an electronic mail address is also required.
    3. Any and all persons who visit the Website or use the Application shall be required to obtain by themselves the items named hereinabove in paragraph 4.1 and paragraph 4.2, namely, the devices, software as well as the electronic mail address.
  5. Conclusion of the Agreement
    1. Upon successful registration of the Account, the agreement on using the functions of the Website between Servicer Provider and the User is concluded for indefinite period of time.
    2. The User may terminate the agreement at any time.
  6. Using the Service
    1. In order to effectively use the Service, the User has to create the Account. To do so, User is obliged to:
      1. Provide data, by way of filling out a registration form located at https://tookapic.com/auth/register, required in the form, create a Password and - optionally - a Login.
      2. Register by using data assigned to User’s account in popular social media platform.
      3. A precondition [sine qua non] to commence the Services rendered by the Service Provider shall be acceptance of the Rules and Regulations by marking the option: „I’ve read and accept Terms of Use” located at the end of the registration form.
    2. The Service Provider shall verify the User`s right to manage the electronic mail address submitted during registration procedure described in section 6.1.1 by means of mailing an activating link to said electronic mail address. Opening the link in a web browser shall result in creating the Account and thus, in commencement of the provision of services by the Service Provider.
    3. In case when the User loses the access data for the Account, it is possible to retrieve the Login and to generate a new Password by means of a relevant functionality. In order to perform such retrieval, choose option „Forgot password” and follow the instructions displayed on the Website.
    4. The Website itself is dedicated for Users to launch their free of charge ‘365-photo-a-day’ Project. To start a project all Users must comprehend to following rules:
      1. User hat to upload one photo a day assigned to each and every day of remaining 365 days;
      2. Collages are prohibited;
      3. Pictorial works which not constitute photography or photo montage will be excluded;
      4. Assigning to uploaded Content false dates is prohibited;
    5. Each and every User of 365 Project may updated his Account to Premium (Hero Account) which enables additional features unavailable in the basic Account:
      1. May present 365 project of his under the dedicated domain name, e.g. daily.pawelkadysz.com.
      2. Choose one from available web templates options’.
      3. Get access to advanced statistics of User’s profile, in particular displays stats, download stats, average sentiment (“likes”) interactions, most popular tags etc.
      4. Will get a “hero” icon commendation on User’s profile.
  7. Payments
    1. The Service Provider offers an access to the Content available on the Website by:
      1. Subscribing to a monthly plan (all-access).
      2. By making a single payment for particular content (limited-access).
    2. All detailed information subscription plans might be found here as they constituted the integral part of hereby Terms of Use. Please be advised that User shall visit this page on regular basis, albeit hereinabove rules might be updated at any time. The change of subscription policy shall be notified to all active users (subscribers) at least 21 days before the changes become effective. In order to keep the subscription plan active and unlimited content uninterruptedly available an expressed update of billing information is needed. If not, the subscription plan will expire on the last day on 30-day-period.
    3. The purchase of the subscription plan grants the User an access, on the grounds of sub license terms specified in section 9, as well as possibility to download all Content available on stock.tookapic.com library. In case that single purchase is made the User gets an get access and sublicense only to one Content photo at a time.
    4. Payments of the fees (both subscriptions plan and one-time purchase) as well as acquiring the sublicense rights to Content shall be proceed by external payment processor.
    5. Unless otherwise set out in Terms of Use, payment can be processed via credit or debit card or an online payment system. You will provide Service Provider with valid and current credit card information, or with a valid purchase order or alternative document reasonably acceptable to Service Provider . If you provide credit card information to Service Provider , You authorize Service Provider to charge such credit card the Subscription Fee for the initial Billing Cycle and any subsequent Billing Cycles. Such charges shall be made in advance of each Billing Cycle. In order to cancel a charge, notice must be provided via email to hello@tookapic.com at least seven days before the start of the next Billing Cycle. You also acknowledge that the Service Provider utilizes a third party payment processor, and that, by providing the Service Provider your credit card information, you agree to the third party payment processor’s terms of use or similar document and their privacy policy, which will be made available to you on your request. You are responsible for providing complete and accurate billing and contact information to Service Provider and notifying Service Provider of any changes to such information. All payments under these Terms are non-refundable and, unless otherwise agreed, shall be made in United States dollars.
    6. The Service Provider is informing, before the service has been provided, that User who is treated as a consumer according to Polish law, will be deprived of consumer right to withdraw the agreement concluded away from business premises in subject of delivery of digital content which is not stored into physical data carrier, if the fulfilling the delivery of the service was done upon consumer expressed consent.
    7. Users shall not transfer any right regarding subscription plans to third parties as well as granting third parties access to neither to their subscription plan nor the Account.
  8. Uploading and reselling
    1. The User may upload the Content through his Account.
    2. The User shall upload the Content to which User own all rights, title and interest, including all copyright, trademarks, patents, rights of privacy, rights of publicity, moral rights, and other intellectual property rights (collectively, “IP Rights”) or have all necessary rights and license to grant us the licenses under this Terms of Use.
    3. In order to avoid any misconstructions and doubts, by uploading the Content, the User grants Service Provider non-exclusive, sublicensable, worldwide, and royalty-free license to offer, further resell, sublicense and promote the Content on the Website, to promote Website and service itself, as well reproduce, publicly display, distribute, modify (so as to better showcase of the Content, for example), publicly perform, and translate the Work as needed.
    4. For the greater clarity, granting the right (license) to Service Provider to further reselling and sublicensing the Content shall be effective under a condition precedent i.e. upon the purchase of the license by the end-user (“Licensee”) from Service Provider directly or through its resell Partner and by downloading the Content (the latter applies to subscribers only).
    5. Downloading the Content by the Licensee (end-user) shall be equivalent to the conclusion of sub license agreement between the Licensee and Service Provider (or its resell partner) regarding the licensing Content, as well as acquiring by the Licensor the right to the remuneration (royalties) specified in these Term of Use.
    6. The remuneration for each and every User’s Content downloads will be specified by the end of each month and will depend on the amount of total downloads. The Service Provider commision is flat and amounts to 60% (sixty pe) percent of the Content’s price. In order to withdraw the money a minimum 50 (fifty) $ outstanding balance is required. In cases when total balance is less than 50 $ but not lesser than 10 (ten) $ the withdrawal of money is possible but an additional operational fee might be required.
    7. All detailed information regarding royalty fees, commissions and technicalities regarding processing the payments might be found here as they constituted the integral part of hereby Terms of Use. Please be advised that User shall visit this page on regular basis, albeit hereinabove rules might be updated at any time without prior notice, however any amendments become effective for an active User no earlier than on first day of the month following the month were amendments were made publicly available.
    8. The licensor fully acknowledges that prior to notification of the request for money withdrawal collected on licensor’s account, the licensor shall deliver to the Service Provider original, no older than twelve months upon issuance, certificate of licensor’s tax residence, unless the licensor is the resident under polish law. Shall the licensor not comply with thereof, the 20% (twenty) tax will be deducted from money each and every transfer requested by the licensor until the delivery of the certificate of licensor’s tax residence is made. Under some jurisdictions, in particular under double taxation agreement between republic of poland and licensor’s country of residence, the preferential tax rate may not apply to the licensor, therefore the maximum withholding tax rate may be deduced.
    9. Unless otherwise stated in the Terms of Use, payments between the Service Provider and Licensor shall be executed via PayPal electronic payment system. Therefore, the Licensor's ability to avail of the stock functionality shall be contingent upon fulfilment of the requirement to own an active PayPal account.
    10. In case that Licensor’s account remains inactive for the period of 6 (six) months, Service Provider shall notify - via email - that Licensor should collect his remuneration for royalties upon expiry of additional period of 30 days in order to avoid Service Provider to charge maintenance fee until the outstanding balance will reach zero.
  9. Sublicensing and downloading
    1. In order to avoid any doubts, downloading the Content by the Licensee shall not be construed as definitive transfer of copyright or granting more rights than specified below.
    2. The Service Provider as well as Licensor owns all exclusive copyright with the exception to sublicensing under these Terms of Use.
    3. Under condition precedent e.i. acting in accordance with Terms of Use, downloading the Content is tantamount to grant sublicense of perpetual, non-exclusive, non-transferable, non-sublicensable and worldwide right (license) to further, display, use, reproduce, publish, alter, and manipulate, in an unlimited number of projects, in whole or in part, via any medium, and by whatever means, the Content for any purpose, unless set forth otherwise. For the greater clarity and to avoid any misinterpretations, the Licensee shall in each and every instances expressly indicate the authorship of the Content as well as link the source of the Content. Further reselling, making publicly available which involves, in particular, though not exclusive downloading or streaming from licensee’s or third parties sites without User’s or Service Provider consent is strictly forbidden.
    4. Licensee may not:
      1. Sell, license or distribute the Content or any modified Content as stand-alone or as part of an online database or any other database, or any derivative product containing the Work in such way that would allow a third party to use, download, extract or access the Image as a stand-alone file;
      2. Download or store the Content on more than one computer at the same time, except that you may make a single backup copy to be stored on media separate from the single permitted computer;
      3. Remove or modify any notice of copyright, trademark or other proprietary right, or any other copyright management information or metadata, from any place where it is on or embedded in the Content;
      4. Use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo, as well as any use that constitutes infringement of a third party trademark or copyright or other intellectual property right or constitutes violation of relevant personal data protection regulations;
      5. Distribute the Content as incorporated onto an item of merchandise if the Content has been modified to the extent that the modification is substantially similar to the original Content and can qualify as an original work of authorship or the primary value of the item of merchandise lie with the Content itself.
      6. Any use that may in any other way be conceived as threatening, insulting, racist, offensive, vulgar and/or indecent or which involves infringement of a private individual's personal sphere, including without limitation, use of Content for pornographic or other sexual purposes, or any use that Service Provider considers, in its own discretion, harms or may be harmful to Tookapic’s or Tookapic’s Content Providers brand and/or good reputation;
      7. Use the Content in breach of applicable law or in a fashion that is considered by Service Provider (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
    5. The User may use the license granted under this Terms of Use for the benefit of one of User’s clients, provided that User must transfer all his license to client and User’s client must comply with the terms of this Agreement and comply with all license and use restrictions. User is solely responsible and liable for any and all use of the Work by his client. User must purchase additional licenses for the same Content if User is intended to use the same Content for the benefit of other client.
    6. Upon termination for cause of Terms of Use or with respect to any particular Content, User must cease using the Content.
    7. Licensee and Licensor agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to licensee, or of licensee’s use of the Content, pursuant to this Agreement.
  10. Obligations of the User
    1. At the time of creating the Account, the User shall be obliged to provide truthful personal and contact data required for adequate performance of the Services.
    2. The User undertakes the obligation to update the data listed in paragraph 10.1 immediately upon occurrence of circumstances that require such update.
    3. Each and every Website visitor or a person using the Application shall be obliged to observe the relevant provisions of the law in this respect, including but not limited to protection of widely understood intellectual property rights. Shall the User fail to conform with the these rules, the Service Provider enjoys the right to erase photo or file without prior notice.
    4. The User shall be obliged to duly protect access data for the Account.
    5. The User shall bear sole and exclusive liability for uploading any and all content and data to the Website.
    6. User`s access to the Account may be suspended by the Service Provider, alternatively, the Agreement for provision of Services may be terminated by the Service Provider and the Account of such User deleted in case of infringement of the provisions of these Terms of Use or if his actions violate the law or principles of good conduct, alternatively, in case of conduct that endangers the safety of the data collected in the Service, or if his actions bring damaging effects to the goodwill and reputation of the Website or Service, in particular by uploading Content that contains nudity, depicts hatred on racial, religious and cultural grounds as well as the content who might reasonably treated as violating principles of good conduct.
  11. Service Provider`s Liability
    1. Service Provider shall take all reasonable endeavors in order to provide uninterrupted operation of the Service and Website. However, Service Provider reserves the right to a temporary suspension of Services in a situation when a technical update of the Website or the Application is being implemented, with observance of a due and relevant notice directed to the Users by means of electronic mail.
    2. Service Provider shall not be liable for possible damages related to the use of the Application and arising out of improper functioning of the hardware or software employed by the User.
    3. Service Provider shall not be liable for damages arising out of User`s disclosure of data enabling third parties access to the Account.
    4. Service Provider shall not be liable for the User`s uploading of any Content. In cases when the Service Provider receives information regarding unlawful nature of data or activities related thereto, he shall immediately block access to such data. Functionality ‘report photo’ available through the Website enables reporting information to the Service Provider related to unlawful content of the uploaded to Accounts photographic images. Moreover, the information contemplated hereinabove may be reported by means of the provided electronic mail address at: hello@tookapic.com.
    5. Service Provider shall not be liable for possible infringement of licenses granted by the Users to Licensees by way of the Service within the framework of the Website’s functionality.
  12. Complaints
    1. Any and all possible complaints should be reported by the User at his discretion: either by means of the traditional post to the mailing address of the Service Provider or by means of electronic mail at: support@tookapic.com.
    2. A complaint form should comprise a detailed description of the reported event as well as data that enables identification of the User whom the complaint concerns.
    3. Service Provider shall consider a correctly filed complaint within 14 (fourteen) days from receipt thereof unless supplying additional information proves vital in order for the Service Provider to execute a trustworthy investigation. In this case, the above term for consideration of a complaint shall run from the date such information is furnished.
  13. Intellectual Property
    1. Content available through the Website, including but not limited to the selection and display as well as the Service shall constitute works within the meaning of the [Polish] Act of 04 February 1994 on Copyright and Neighbouring Rights. Therefore, they enjoy protection provided by the above mentioned Act.
    2. Use of the Website or Service by the User or other persons who may visit the Website shall not cause for those entities to acquire any rights to non-material goods to the works made available, except for the right to use them in the scope defined by the law regarding permitted use as well as in the scope required to perform the Agreement on Provision of Services. Therefore, copying the Website or the Service, both in its entirety or a part thereof, shall be forbidden.
    3. Any interferences in the contents of the Website or the Service shall be forbidden, as well as any modifications or use thereof in a manner that contravenes the use defined in these Terms of Use without prior written consent of the Service Provider made in writing, otherwise shall be deemed null and void.
  14. Protection of Data
    1. Service Provider shall process personal data of the User in the scope that enables proper provision of Services, which, inter alia, covers sending into the email address of the User systemic messages and information regarding any interruptions, technical service breaks or amendments in the operations of the Service as well as for marketing purposes.
    2. The Administrator of personal data shall be Tookapic limited liability company (Polish: Tookapic spółka z ograniczoną odpowiedzialnością) with registered seat at ul. Szarych Szeregów 10 lok. 28, Białystok 15-666, Republic of Poland, NIP number 5423242210, REGON 360581216 entered into the register of The Business Registry of the District Court of the City of Bialystok under the number 0000539552 amount of share capital 5.000,00 PLN (five thousand).
    3. Service Provider shall entrust processing of personal data of Users to third parties solely within the scope necessary for provision of Services.
    4. The User shall have the right to inspect and edit his personal data as well as demand that they cease to be processed. In case when said data is requisite for provision of Services and the User demanded that they cease to be processed, such demand shall be treated as having effect of a statement of termination of the Agreement for Provision of Services with immediate effect.
    5. With the moment of termination of the Agreement for Provision of Services the Service Provider shall cease to process any and all personal data uploaded to the Website during the term of the Agreement, unless the right to further process said data transpires from the provisions of the law.
    6. Service Provider shall employ all technical methods required to protect personal data uploaded to the Website.
    7. Additionally, any commercial information within the meaning of the Article 10 of the Act of 18 July 2002 on Providing Services by Electronic Means coming from the Service Provider or his cooperating entities may be mailed to the electronic mail address of the User.
    8. Within the provided Services, the Service Provider or authorized by him entities shall be entitled to collect and process other than personal data required with respect to rendering of the Services.
    9. Service Provider hereby declares that he uses cookies, which by means of recording short text messages on the computer of the User or other Website visitor allows for identification thereof in order to subsequently streamline the use of the Service, personalize displayed content within the Services or the Application, including but not limited to advertising contents and enabling the use of the Application. Service Provider also declares that it is possible to modify the settings on the Internet web browser in order to disable the option of recording cookies on the computer as well as permanently remove already recorded cookies which, however, may influence correct functioning of the Application. Enabling web browser`s option of recording cookies on the computer shall be tantamount to implied consent for the above mentioned purpose of the cookies in such computer, also after logging out from the Application or upon finishing browsing of the Website. Service Provider also declares that recording cookies on the computer of the User or other Website visitors shall not result in introduction of any configuration changes in said computer or its software.
    10. Service Provider declares that he collects information regarding the persons who visit the Website or use the Application solely for own purposes and releasing of said information to third parties may only be executed when it is required by the provisions of the law or in order to render Services.
    11. Service Provider reserves the right, also on the basis of cookies, to compile statistics that define the group of Users or other persons who visit the Website, and to present such compiled data to prospective commercial partners.
  15. Final Provisions
    1. The text of these Rules and Regulations is available at tookapic.com/terms in the form that enables its uploading to a computer or other media, alternatively printing thereof.
    2. Service Provider reserves the right to amend the Terms Of Use in the following situations, in particular in cases justified by a change in legal provisions in force or when new functionalities are added to the Service.
    3. In cases where User and Service Provider are Parties to the Agreement which the subject may interfere with rights and obligations under these Terms Of Use, the particular agreement shall govern mutual responsibilities exclusively, unless User and Service Provider expressly concluded otherwise.
    4. Service Provider shall notify the Users via the electronic mail addresses provided in the Application about any and all intended changes and shall furnish the Users with consolidated, i.e. containing proposed changes, text of the Terms of Use in the manner that allows for its analysis within a term not to exceed 7 (seven) days before planned incorporation of the changes. The using the Website after the proposed changes become effective shall be construed as its explicit consent of User to be bound by updated Terms of Use.
    5. To matters not regulated in these Terms of Use the provisions of the Polish law apply, unless the provisions regarding consumers in force within the territory of the Republic of Poland provide otherwise.
    6. All disputes that may arise out of the provision of Services shall be considered by the court of proper jurisdiction within the territory of the Republic of Poland, unless the provisions regarding consumers in force within the territory of the Republic of Poland provide otherwise.
    7. Terms of Use become effective on February 24th, 2017.