Article 1. Subject of the Rules and Regulations
Background: These Rules and Regulations define conditions of use of the Internet service operating in the domain tookapic.com and the photo-a-day application available through said system by using computer device or mobile devices via application (iOS) with the same name, including but not limited to the rights and obligations of the Service and Application Users, as well as duties and the scope of liability of the owner of said Service and Application.
Article. 2 Certain Defined Terms
As used in these Rules and Regulations, the following terms shall have the following meaning:
- Service Provider
- 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) i.e. the entity providing the contents of the Services and the Application;
- Internet application with elements of gamification, which, according to the principles described in the Rules and Regulations, enables its Users posting photographic images of their authorship in the profiles owned by them, as well as granting licenses to photographic images posted in such manner to third parties;
- a string of a minimum of 8 (in words: eight) symbols created by the User and used to protect access to the Application;
- 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;
- created by the User individual and unique marking of the User`s Account which comprises digits and/or letters, alternatively his email address, used to access the Account and enable the use of the Application;
- Rules and Regulations
- this document accompanied by Appendices thereto which constitute its integral part;
- Internet service
- shall mean the IT project developed under domain tookapic.com intended to enable using the Application be used for presentation of information as well as for performance of certain functions on the Internet or within a local network, composed of contents structure, service functionality as well as textual, graphic, musical and audio contents;
- Internet service located at the Internet address: tookapic.com which enables the use of the Application;
- Services within the meaning of the [Polish] Act of 18 July 2002 on Providing Services by Electronic Means which entail the Service Provider making the Application available by means of the Website;
- a natural person with full capacity to perform acts in law who uses the Application.
Article 3. Technical Requirements
- 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 Application - apart from conditions listed in paragraph 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 1 and paragraph 2, namely, the devices, software as well as the electronic mail address.
Article 4. Entering into Agreements for Provision of Services
- Agreement for Provision of Services shall be entered into for an unlimited period of time, effective from the time the Account is activated.
- The User may at any time terminate the Agreement for Provision of Services by deleting the Account.
- The User shall have the right to rescind the Agreement for Provision of Services within 14 days of entering thereto without providing any reasons. Rescission shall be effected by way of supplying the Service Provider with a relevant statement in writing and to ensure the notice is observed posting the relevant letter before the expiry of term of said notice shall be deemed sufficient.
Article 5. Accounts & First Use of Application
- In order to create the ”Basic Account” and use the Application the User, by way of filling out a registration form located at https://tookapic.com/auth/register, shall be obliged to provide data required in the form, create a Password and - optionally - a Login.
- The Service Provider shall verify the User`s right to manage the electronic mail address submitted during registration procedure described in paragraph 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.
Article 6. Functionality of the Application
By means of the Basic Account, the User:
- may upload photographic images taken by him/her into own Account and in respect of this activity receive ‘experience points’ which result in raising his profile to subsequent levels of ‘experience’ (‘gamification’);
- may manage his own Account;
- may comment on the contents of the accounts that belong to other users;
- may interact with other users;
- via the Website may grant a license (‘stock’)
- By means of the Premium Account, the User:
- may present 365 project of his under the dedicated domain name, e.g. daily.pawelkadysz.com, choose one from available web templates options’.
- get access to advanced statistics of User’s profile, in particular displays stats, download stats, average sentiment (“likes”) interactions, most popular tags etc.
- will get a “hero” icon commendation on User’s profile.
- The real-time tutors and ticketing functionality shall provide assistance with the use of the Application.
- Advertisements and other promotional content supplied by the Service Provider or entities cooperating with him may be displayed on the Website or within the Application.
Article 7. Details Regarding the Gamification Functionality
- By uploading photographic images into own Account the User collects experience points on a “more-regularly-more-points gained” basis.
- Service Provider shall verify the date of taking of said photographic image as well as its other details by reading the EXIF metamarkers of a given image. Service Provider shall reserve the option to tag the photographic images on the basis of metamarkers obtained in such manner.
- Both User and the Service Provider shall be authorized to individually tag the photographic images by way of markers other than those listed in paragraph 2 and at their own discretion.
Article 8. Licenses
Service Provider offers his Users the possibility of granting a license to the photographic images uploaded to the Accounts, as follows:
- (“Basic”) The User, by means of uploading into the Application photographic images shall grant the Service Provider with a free, non-exclusive license, unlimited with respect to the territory and number of copies for use, which does not include the right to grant further licenses for the use of the content for the purposes of provision of Services, which encompasses uploading and storing them in the computer memory, copying and dissemination, including but not limited to by means of Internet or making them publicly available in such manner, that any person may avail of them at the time and place chosen by them. At the same time the User shall authorize the Service Provider to place on the photographic images uploaded to the Account the so-called ‘watermarks’ in the form of the User`s login and to display the photographic images in resolution smaller than the original image.
- (“Tookapic Stock”) The User, by means of the option called “Available for download” grants a license under Tookapic’s Stock which is tantamount to a grant 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 end-user (‘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 avaialable which involves, in particular, though not exclusive downloading or streaming from licensee’s or third parties sites without User’s or Tookapic’s consent is strictly forbidden. Detailed provisions concerning rights and obligations under Tookapic’s Stock shall be governed separate agreement.
- (“Commercial”) The User, by means of the option called „Available for sale” may enter with the Service Provider into the Standard Seller Agreement (“SSA”) whose subject will be, including but not limited to further resell by Service Provider directly or by the Service Provider through Paddle.com Market Limited (“Paddle”), as Service Provider’s undisclosed agent, to the end-user (“Licensee”) within a part of the platform that constitutes the Website, of the photographic images contained within the Account of a given User and chosen by him/her. For the greater clarity, granting the right (license) to Service Provider and Paddle as well as granting the User the right to remuneration shall be effective under a condition precedent i.e. upon the purchase of the license by the end-user (“Licensee”) through Paddle Checkout Services. For every User’s content that shall be a subject of Standard License Agreement (“SLA”), the User shall be awarded a remuneration in amount of $5.00 US Dollars for each and every granted license by Paddle to Licensee. Licenses granted before January 11th, 2016 shall award $2.50 per single license. Detailed provisions concerning rights and obligations of the Services Provider, Paddle, User, Licensees shall be the subject of SSA and SLA.
- Any settlements between the Service Provider, Licensee and the User shall be executed via Paddle Checkout Services. Therefore, the User`s ability to avail of the Commercial License might be contingent upon fulfilment of the requirement to own an active PayPal account.
Article. 9 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, which shall encompass the following:
- name and surname;
- electronic mail address;
- Time zone
- The User undertakes the obligation to update the data listed in paragraph 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 above shall be meant specifically as strict prohibition for:
- posting, publishing or making publicly available photographic images that contain nudity in any form, violence and unlawful acts as well as photographic images that may in any way infringe the rights or disrespect the feelings of other persons.
- modifying EXIF metamarkers (tags) in order to fulfill the Internet Service or the Application requirements;
- adding EXIF metamarkers (tags) to files that are not photos;
- The User shall be obliged to duly protect access data for the Account.
- The User shall be obliged to upload to the Account photographic images solely of own authorship and with full author`s economic rights thereto, and with respect to such photographic images must be fully authorized to grant licenses in any and all possible fields of use and without limitations as to the territory and copies for use, and declares he/she possesses relevant permits to use the images of persons said photographic images contain.
- The User shall bear sole and exclusive liability for uploading any and all content and data to the Application.
- 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 Rules and Regulations 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 Application, or if his actions bring damaging effects to the goodwill and reputation of the Website or Application.
Article 10. Service Provider`s Liability
- Service Provider shall take all reasonable endeavors in order to provide uninterrupted operation of the Application 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 data to the Application, including but not limited to photographic images. 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 Application within the framework of the stock functionality.
Article 11. Complaints
- 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.
Article 12. Protection of Intellectual Property Rights
- Content available through the Website, including but not limited to the selection and display as well as the Application 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 Application 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 Application, both in its entirety or a part thereof, shall be forbidden.
- Any interferences in the contents of the Website or the Application shall be forbidden, as well as any modifications or use thereof in a manner that contravenes the use defined in these Rules and Regulations without prior written consent of the Service Provider made in writing, otherwise shall be deemed null and void.
Article 13. 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 or the Application 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. 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).
- Any and all personal data within the meaning of this Article shall be processed by the Service Provider in accordance with the provisions of the Act of 29 August 1997 on Protection of Personal Data, which, including but not limited to means that the set that contains them was submitted for registration to the Inspector General for Personal Data Protection with the number: 4116/2015.
- 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 data uploaded to the Application 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 Application.
- 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.
Article 14. Other Data
- 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.
- More information about cookies can be found here.
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 in the following situations:
- it is required by the provisions of the law;
- 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.
Article 15. Tookapic’s iOS App
- The User may use the Application also through Tookapic’s iOS App (hereinafter referred to as „iOS App”) avaialable on Appstore.
- By using the iOS App, the User accepts the hereby Rules and Regulations, as well as the SSA (if applies) and agrees to be bound by its provision.
- By means of iOS App the User may use the core feature of the Application:
- may instantly upload photographic images taken by User into User’s own Account;
- may tag the uploaded upload photographic images taken by User
- may interact with other User .i.e. by commenting on the contents of the accounts that belong to ther Users or by expressing their appreciation of the other User’s content by using Application’s feature ;
- may present User’s own‘365 Project’ or get an access to other User’s 365 Projects.
- may grants „Tookapic Stock” license.
- may enter with the Service Provider into the SSA by selecting the option called „Available for sale”
Article 16. Final Provisions
- 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.
Service Provider reserves the right to amend the Rules and Regulations in the following situations, in particular:
- in cases justified by a change in legal provisions in force;
- if an administrative decision or a court order that binds the Service Provider is issued and in the scope of execution thereof;
- in case when new functionalities are added to the Application.
- 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 Rules and Regulations in the manner that allows for its analysis within a term not to exceed 7 (seven) days before planned incorporation of the changes.
- The “Tookapic Stock” license replaces Stock License under CC0 as of date 19.04.2016. Any action regarding Content under CC0 License up to here above date become valid.
- In the case when the User withholds his consent for proposed changes in the Rules and Regulations, he shall be entitled to terminate the Agreement with immediate effect.
- To matters not regulated in these Rules and Regulations the provisions of the Polish law apply, unless the provisions regarding consumers in force within the territory of the Republic of Poland provide otherwise.
- 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.
- Rules and Regulations become effective on April 19th, 2016.