Terms of Use (Premium Account)

tookapic’s premium account’s terms of use

This Terms of Use governs the terms by which the User may get the access to additional, payable features of the User’s account on Tookapic.com (the “Site”) or otherwise made available by Tookapic limited liability company (Polish: Tookapic spółka z ograniczoną odpowiedzialnością).

  1. Background

    • By selecting “I Agree” at the checkbox form or otherwise signifying User’s acceptance, Users accepts this Terms of Use and agrees to be bound by its provisions. If the you do not accept or agree with these terms, do not accept this Terms of Use and do not proceed to purchase.
    • In this Terms of Use: (i) “User” means a natural person within the meaning of Tookapic’s Rules and Regulations (ii) “Tookapic” means Tookapic limited liability company (Polish: Tookapic spółka z ograniczoną odpowiedzialnością) with registered seat at ul. Szarych Szeregów 10 lok. 28, Białystok 15-666 and (iii) “Content” means any photographic image generated optically, electronically, digitally or by any other means that User are downloading from the Site, together with any accompanying material, (iv) “Account” means virtual space assigned to the User within the framework of the Tookapic’s website and by him edited, visible to other Users, and virtual space that enables the use of the Tookapic’s application with access thereto protected by Login and Password; (v) “Premium Account” means the account with additional, payable features.
    • The access to Premium Account shall be sold and provided entirely by Tookapic’s reseller partner: Paddle.com Market Limited (“Paddle”), acting as Tookapic’s undisclosed agent, via Paddle’s checkout services (“Checkout Services”) to the User. The Checkout Services will allow the User to acquire access to premium features for determined period specified below.
  2. Acquiring the premium features.

    1. To acquire and to get an access to the premium features the User is required to subscribe to “Yearly subscription plan” which means a 365 days access to premium features by paying upfront $59 (taxes included) for a year.
    2. Once the subscription plan is chosen, the transaction shall be proceed by using Paddle Checkout Services displayed on the Site.
    3. Once the payment through Checkout Services has been successfully processed, the User is automatically directed to User’s Account on the Tookapic’s site. The account displays:
      • the time remaining of the subscription plan;
      • instant access to premium features.
  3. Premium features

    1. 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.
      • will get a “hero” icon commendation on User’s profile.
  4. Term of terms of use

    The subscription is effective until its expiry or cancellation.

  5. Tookapic representations and warranties

    1. Tookapic does not represent or warrant that the Premium Account will meet Users’ requirements or that its use will be uninterrupted or error free. Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply.
    2. Tookapic represent and warrants that the User:
      • may address any Premium Account’s related issues directly to Paddle;
      • Paddle, as a Tookapic’s undisclosed agent, will take all necessary actions to provide the User with support service, unless the support is beyond Paddle’s reasonable capabilities; in the latter case, Paddle shall report thereof to Tookapic in order to provide and assure an adequate assistance by Tookapic.
  6. Tookapic limitation of liability

    1. In no event shall Tookapic or any of its affiliates be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this terms of use, including without limitation User’s use of, reliance upon, access to, or exploitation of the content, or any part thereof, or any rights granted to User hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise. No action, regardless of form or nature, arising out of this terms of use may be brought by or on behalf of User more than two (2) years after the cause of action first arose.
    2. Notwithstanding any other term herein, Tookapic shall not be liable for any damages, costs or losses arising as a result of misusage of the Premium Account features.
    3. Notwithstanding anything else in this terms of use, the total maximum aggregate liability of Tookapic under this terms of use and any other terms of use under which User have licensed the same content, regardless of the file size, or the use or exploitation of any or all of the content in any manner whatsoever shall be limited to an aggregate of one thousand (1,000) us dollars per piece of content. For greater clarity, Tookapic’s liability to User in respect of the piece of content shall not exceed one thousand ($1,000) us dollars regardless of the number of times that User license the same piece content from Tookapic.
    4. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to User.
  7. Final provisions

    1. The text of these Terms of use is available at Tookapic.com/terms-premium in the form that enables its uploading to a computer or other media, alternatively printing thereof.
    2. 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.
    3. 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.
    4. User specifically agree and acknowledge that User have, in addition to the terms of this Terms of use, reviewed the Tookapic’s Rules and Regulations and Paddles’ Terms of Use and any other documents which may be incorporated by reference therein, and to the extent of their incorporation in this Terms of use User agree to be bound by them. In the event of any inconsistency, the terms of this Terms of use shall govern.
    5. Tookapic’s failure to insist upon or enforce strict performance of any provision of this Terms of use shall not be construed as a waiver of any provision or right.
    6. No terms or conditions may be added or deleted unless made in writing and either accepted in writing by an authorized representative of both parties or issued electronically by Tookapic and accepted in by User or User’s authorized representative.
    7. If certain of the provisions of this Terms of use are deemed invalid, ineffective or offending, they shall be substituted by the power of this Terms of use with valid and lawful provisions whose contents and legal effects will as closely as possible mirror economic and functional aspects of the substituted provisions and the remaining provisions of the Terms of use shall continue to survive.
  8. Contact

    If User have concerns relating to this Terms of use, please contact Tookapic at hello@tookapic.com

  9. Acknowledgment

    The User acknowledge that had read this terms of use, understand it, and had an opportunity to seek independent legal advice prior to agreeing to it. In consideration of Tookapic agreeing to provide the content, User agree to be bound by the terms and conditions of this terms of use. User further agree that it is the complete and exclusive statement of the terms of use between User and Tookapic, which supersedes any proposal or prior terms of use, oral or written, and any other communication between User and Tookapic relating to the subject of this terms of use.