Tookapic’s website is a place where the authentic pics are taken by the real enthusiasts. 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.
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.
General Provisions
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.
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.
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;
Terms of Use – this document accompanied by Appendices thereto which constitute its integral part;
Website – Internet service located at the Internet address: tookapic.com and tookapic.pl which enables the use of the Service;
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;
User – a natural person with full capacity to perform acts in law who uses the Service;
Representations and warranties
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.
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.
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 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.
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.
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.
As part of using the service, the User may launch his 'Project 365' under the rules set out at tookapic.com/pricing. Any change to the rules may be performed at any time by the the Service Provider and shall not be considered as a amendment of Terms of Use. The changes are effective after the expiry of the transition period indicated by the Service Provider and acceptance by active Users upon signing in to the Account after the end of the transitional period. Lack of acceptance may result in suspending some of the features of the Account.
Payments
The Service Provider offers an access to the Content available on the Website by subscribing to a monthly plan.
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 as well as withdrawal of such plans might be done at any time and do not constitute the update of the Terms of Use, however it shall be notified to all active users (subscribers) before the changes become effective. In case that User will not agreed on, the access to the Content will be disabled. In the event of resignation by the Service Provider from subscription plans or their substantial modification (eg limiting the functionality of the Service or excluding specific payment cycles), as referred to in the preceding sentence, during the billing period, the User is entitled to (i) reimbursement of part of the paid remuneration proportional to the number of days remaining until the end of the given settlement period from the moment of exclusion or change of subscription plans or (ii) activate special offer available only to Users who had an active monthly or annual subscription plan at the time of disabling or changing the Service. In the event of the User's lack of response within 30 days from the exclusion or change of the subscription plan, which the User was a party to, the Service Provider shall return the remuneration in the part corresponding to the unused period.
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.
Unless the User signs a separate agreement with the Service Provider to use the Website's resources or uses a bank transfer payment through Przelewy24, in order the obtain access to the Service, the User shall provide Service Provider with valid and current credit card information, or with a valid purchase order or alternative document reasonably acceptable to Service Provider. The User 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-refundableunless otherwise agreed.
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.
Uploading
The User may upload the Content through his Account, however before being uploaded on the Website Content may be subject to the procedure of compliance with Terms of Use.
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.
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.
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.
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.
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.
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: hello@tookapic.com.
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.
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: hello@tookapic.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.
Intellectual Property
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.
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.
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 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.
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.
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 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.
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.
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.
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.
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.
Terms of Use become effective on 01.04.2021.
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