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. Warszawska 6 lok. 32, 15-063 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. Warszawska 6 lok. 32, 15-063 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;
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;
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 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.
The Service Provider may at any time terminate or limit the scope of the Service, but these events do not affect the rights of Users arising prior to termination or limitation of the Service, unless the Regulation provide otherwise.
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 Service Provider offers an access to the Content available on the Website by subscribing to a monthly plan.
Payments of the fees shall be proceed by external payment processor. For Polish users, it is possible to make a Payment by bank transfer via Przelewy24 maintained by PayPro with its registered office in Poznań, ul. Kanclerska 15, 60-327 Poznań.
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.
After the User completes the Payment for paying for access to the Website, the Service Provider will issue a VAT invoice. For a User who is not a Polish tax resident, an invoice will be issued by an external payment operator.
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 use 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.
The remuneration for each and every User’s Content downloads performed directly through Website will be specified by the 31.2.2018 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. If the User does not use the possibility of paying out cash accumulated by him for the previously granted licenses within 60 days of notifying by the Service Provider the exclusion of the functionality of stock.tookapic.com, the Service Provider will disable the User's account on the page stock.tookapic.com and at the same time will collect the fee equal to the User's account balance.
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.
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 Personal 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 Administrator of personal data shall be Tookapic limited liability company (Polish: Tookapic spółka z ograniczoną odpowiedzialnością) with registered seat at ul. Warszawska 6 lok. 32, 15-063 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).
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.
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.
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.