- 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.
- 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. Sienkiewicza 1/1, lok. 200, 15-092 Białystok, 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.
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:
- Service Provider is Tookapic limited liability company (Polish: Tookapic spółka z ograniczoną odpowiedzialnością) with registered seat at ul. Sienkiewicza 1/1, lok. 200, 15-092 Białystok, 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;
- 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;
- 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;
- 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;
- Trial – a free and temporarily access to the Service for testing purposes only for the period of 7 days when User may download Content limited to 5 photos daily or in total 35 throughout whole trial period. In order to download more content that exceeds the limits or preserve unlimited access to the Service upon expiry of trial version, The User shall choose Subscription plan;
- Password – a string of a minimum of 8 (in words: eight) symbols created by the User and used to protect access to the Application;
- 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;
- 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;
- Licensee - User who downloaded Content available by means of Website within User’s subscription plan or by single purchase of one photo only;
- Licensor - User who uploaded Content within Account owned by him and who agrees to;
- 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;
- Website – Internet service located at the Internet address: tookapic.com and tookapic.pl which enables the use of the Service;
- User – a natural person with full capacity to perform acts in law who uses the Service;
Representations and warranties
- 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.
- 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.
- In order to use the Service - apart from conditions listed in paragraph 4.1 - an electronic mail address is also required.
- 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.
Conclusion of the Agreement
- 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.
- The User may terminate the agreement at any time.
Using the Service
In order to effectively use the Service, the User has to create the Account. To do so, User is obliged to:
- 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.
- Register by using data assigned to User’s account in popular social media platform.
- 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.
- 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.
The Website itself is dedicated for Users to launch their photo journal or ‘365-photo-a-day’ Project. To start a project all Users must comprehend to following rules:
- User should upload one photo a day assigned to each and every day of remaining 365 days;
- Collages are prohibited;
- Pictorial works which not constitute photography or photo montage will be excluded;
- Assigning to uploaded Content false dates is prohibited;
- In order to effectively use the Service, the User has to create the Account. To do so, User is obliged to:
The Service Provider offers an access to the Content available on the Website by:
- Subscribing to a monthly plan (all-access).
- By making a single payment for particular content (limited-access).
- 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.
- 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.
- 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.
- 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.
- The Service Provider offers an access to the Content available on the Website by:
Uploading and reselling
- 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 through different channels, in patricular but not limited to external websites of affiliates reseller partners though Service API, to sublicense and promote the Content on the Website, to promote Website and service itself, as well to reproduce, publicly display, distribute, modify (so as to better showcase of the Content, for example), publicly perform, and translate the Work as needed.
- 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).
- 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.
- The remuneration for each and every User’s Content downloads performed directly through Website 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. It should be noted that User’s content within Trials or other Service Provider’s promotions may be downloaded without charge and without compensation to User. The remuneration for each and every User’s Content downloaded through Service Provider’s Resellers resources may depend on Reseller’s commision and shall be be proportionally reduced.
- 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.
- 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.
Sublicensing and downloading
- 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.
Licensee may not:
- 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;
- 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;
- 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;
- 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;
- 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.
- 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;
- 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;
- 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.
Obligations of the User
- 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.
- The User undertakes the obligation to update the data listed in paragraph 10.1 immediately upon occurrence of circumstances that require such update.
- 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.
- The User shall be obliged to duly protect access data for the Account.
- The User shall bear sole and exclusive liability for uploading any and all content and data to the Website.
Service Provider`s Liability
- 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.
- 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.
- Service Provider shall not be liable for damages arising out of User`s disclosure of data enabling third parties access to the Account.
- 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: firstname.lastname@example.org.
- 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.
- 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: email@example.com.
- 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.
- 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.
- 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.
- 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.
Protection of Data
- 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.
- The data controller shall be Tookapic limited liability company (Polish: Tookapic spółka z ograniczoną odpowiedzialnością) with registered seat at ul. Sienkiewicza 1/1, lok. 200, 15-092 Białystok, 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). Data shall be processed in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
- Service Provider shall entrust processing of personal data of Users to third parties solely within the scope necessary for provision of Services. 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.
- 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.
- Service Provider shall employ all technical methods required to protect personal data uploaded to the Website in compliance with art. 24 GDPR.
- 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. The basis for the processing in this respect is the consent granted by the user, and in the absence thereof until filing an objection, the basis of processing in this respect is art. 6 par. 1 lit / f / i.e. processing is necessary for purposes arising from legitimate interests pursued by the administrator or by a third party cooperating with him.
- 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.
- 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.
- 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.
- 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.
- 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.