TALENT.PL WEB PORTAL TERMS AND CONDITIONS OF USE
Article 1 INTRODUCTION
These Regulations have been compiled based upon legal regulations in force in the Republic of Poland, to provide terms and conditions of use and operation of the Talent.pl web portal / site available at the following web address: http://www.talent.pl/.
These Regulations establish rights and obligations of registered users of the web site as well as responsibilities of an administrator or an entity managing and operating the Talent.pl web site.
When registering, each prospect user must read through these Regulations and is allowed to proceed only upon prior consent to, and acceptance of all provisions set forth herein.
Article 2 DEFINITIONS
2.1. The following terms as used in these Regulations shall have the following meaning:
2.1.1. Administrator – entity that provides an access to the web portal resources to the users of Talent.pl, this entity being NetAll Sp. z o.o. (Limited Liability Company), with its registered office in Warsaw: 00-517 Warsaw, ul. Marszałkowska 80 lok. 206, registered in the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, under no. KRS 0000352078, with its share capital of PLN 50,000.00 fully paid up, a holder of (NIP) Unique Taxpayer Reference No. 7010228837 and (REGON) National Business Registry Number No. 141336392.
2.1.2. Account (Profile) Database – set of data, photos, and multimedia made available by the users of Talent.pl, which data, photos and multimedia are, upon the users’ consent, gathered and processed in an orderly manner by the IT system for the purpose of services provided by the Administrator.
2.1.3. Account – account at talent.pl with a log-in and a password defined by the user, opened by the user upon their registration. No log-in can be subject to any modification (be changed by the user), while the password may be subject to multiple changes upon the user’s logging into the user’s account, or in any other designated way.
188.8.131.52. Real Account — space available to the user at Talent.pl, which serves the user to enter and manage data. A Real Account is "female", "male", "institution", "company", or "group".
184.108.40.206. Log-in – private and actual username at Talent.pl, that has been adopted by the user during the Account registration process.
2.2. Talent.pl – web portal (site) available at the following web address: http://talent.pl, which is a web platform designed both to allow people talented in specific fields or professions to present themselves to other users through their work, and to provide other services via electronic media.
2.3. Person – individual or corporate body, as well as any organizational unit that has no legal personality but is legally capable of performing acts in law.
2.4. Works – (either compositions or presentations) all and any textual, graphic, audio, video, or audio-video works placed on talent.pl by the users.
2.5. E-mail – in-house electronic mail box that serves the users of Talent.pl to communicate with each other.
2.6. Regulations (web portal regulations) – this document establishing the users’ and Administrator’s rights and obligations.
2.7. User – person, irrespective whether registered or not, that uses the Talent.pl web portal,
2.8. Real Account User – User that has registered and is authorized to use their Real Account.
2.9. Silver Account – free account that essentially permits to use any functionality offered by Talent.pl, including in particular viewing and posting presentations, participating in votes and competitions not reserved for paid account users, subscribing for user channels, sending and receiving massages via the in-house e-mail system, and arranging one’s own playlist of favourite portal artists.
2.10. Gold Account:
- gross PLN 4.92 for 1 month; wire transfer/card payments will be accepted;
- gross PLN 11.07 for 3 months; wire transfer/card payments will be accepted;
- gross PLN 23,37 for 6 months; wire transfer/card payments will be accepted.
The Gold Account offers services ensured by the Silver Account and, in addition, allows its holder to highlight the holder’s presentations on the portal homepage, “Gold Account” section, free of charge for 15 days after the presentation placement date, as well as to place 4 randomly selected links to the holder’s presentations in the talent.pl newsletter, automatically taking part of the Artist of the day lottery and have its profile on the gold accounts users subpage in the "Users" menu.
2.11. Patron of the arts – User who has paid a minimum of PLN 100.00 (one hundred zlotys) for at least one presentation at talent.pl, using “Patronage” section on the portal homepage of talent.pl.
Article 3 TECHNICAL CONDITIONS OF WEB SITE USE
3.1. The business activity of talent.pl is running the Account (Profile) database by the Administrator, this to allow people talented in certain fields or professions to present themselves to all web users through these people’s audio or video presentations, photos, audio-video compositions, etc. (works), as well as making the talent.pl resources available by the Administrator so that the Users can place the data and photos referred to herein.
3.2. To use talent.pl, the User must have a device that ensures a web access, including any programming that serves to view the web resources, and accepts cookies, and an e-mail account.
3.3. The name „talent.pl”, the website concept, graphic layout (including all graphic marks), software, and database are protected under law.
3.4 It is prohibited to use any viruses, bots, worms or other computer codes, files or programming (including in particular anything that automates script and application, or other codes, file, or tool processes) on talent.pl.
Article 4 WEB SITE PARTICIPATION
4.1. Participants of talent.pl are its users.
4.2. Opening and using an account at Talent.pl is voluntary and free of charge.
4.3. Paid services will be provided to the users of talent.pl by the Administrator only when a relevant instruction is placed and fees specified on a price list and in these Regulations are paid (paid accounts).
4.4. A registration process is carried out and an Account is created by way of completing a relevant form available at http://talent.pl/ (sign up). An online services agreement is entered into upon registration and remains valid for an indefinite period of time.
4.5. After initiating the account registration process, the user accepts that their Account is a real account.
4.6. The real account user agrees to provide the following true personal data in the registration form: first name, family name, birth date, account type, city/town, and, optionally, other details.
4.7. By accepting these Regulations, the real account user makes the following statements:
4.7.1. I have read through these Regulations and accept them fully.
4.7.2. I started using the talent.pl services at my own accord.
4.7.3. all data submitted through the registration form and bound with my account are true and correct.
4.7.4. I agree to the Administrator processing my personal data submitted through the registration form, for the purpose of proper performance under the online services agreement.
4.7.5. I hereby consent to the Administrator using my image posted on talent.pl, for the purpose of the service delivery through talent.pl, and I further declare that I have obtained a relevant consent from people whose images I have placed at talent.pl.
4.7.6. I hereby agree to receive any system information, messages and marketing content from the Administrator, and notifications about any possible access difficulties, modifications or maintenance breaks as regards talent.pl, as indicated in the registration form.
4.7.7. Personal data, images, and information relating to other Persons have been placed on my account in a lawful, discretional manner and upon relevant consent from those Persons.
Article 5 TERMS AND CONDITIONS OF WEB SITE USE
5.1. These Regulations set forth general terms and conditions for using talent.pl, including in particular the users’ rights and obligations as well as a scope of any licence granted by the users. Technical principles of operation and functionalities of talent.pl are detailed on the talent.pl pages (particularly at the FAQ).
5.2. To all and any issues not regulated by these Regulations or at the talent.pl web site, relevant provisions of generally applicable Polish law, including in particular the Civil Code, shall apply.
5.3. Each and every user must observe the provisions of these Regulations.
5.4. Each and every User may have just one account bound with the user (real account). To open more than one real account, the User needs a prior consent from the administrator. It is prohibited for the User to make their account available to other persons, as well as to use other persons’ accounts.
5.5. Any action capable of aggravating or interfering with the proper operation of talent.pl is prohibited. In the event of revealing any such action committed by the user, the administrator shall have the right to block their Account. The user’s attempt to interfere with the proper operation of talent.pl constitutes a prohibited act as set forth in the valid legal regulations. In the case of any such attempt whatsoever, the administrator shall have the right to take all necessary steps, including actions aiming at having remedied any damage incurred by the administrator.
5.6. By entering into the agreement with the administrator, the user agrees in particular to:
5.6.1. observe all and any author’s economic rights and rights in registration of any innovation, patents, trademarks, industrial designs, and utility models belonging to the administrator or to other registered or unregistered users of talent.pl;
5.6.2. refrain from any privacy violating action, primarily from gathering, processing and distributing information about other users and other users’ work posted on talent.pl, without their explicit consent, except as permitted by law and these Regulations;
5.6.3. refrain from any action capable of aggravating or interfering with the proper operation of talent.pl, as well as any action consisting in any destruction, modification, deletion, damage, or impeding other users of talent.pl from accessing their accounts
5.6.4. involve in no activity that is harmful for the administrator, users, and other persons active at talent.pl.
5.7. The user hereby declares that all and any content and data (including sound, graphic, music, word & music combined, audio-visual, photographs, etc.), including photos made available at talent.pl by the user acting on their own accord, and personal data placed by the user on talent.pl, are true and correct, and infringe no copyright or moral rights whatsoever. The user further declares that the user has obtained other persons’ consent to the user’s placing any content that depicts or is relating to those persons.
5.8. By placing data, images and other content on the account, the user allows other users and the administrator to view them, and authorizes the administrator to use them as provided for in these Regulations. In the event of posting any content on talent.pl that constitutes a work as defined by the Copyright and Neighbouring Rights Act of 4 February 1994 (uniform text: Journal of Laws of 2006, No. 90, item 631 as amended), the user accepts these Regulations of talent.pl online as prescribed by the Regulations.
5.9. It is prohibited to use talent.pl in a manner contrary to, or unsuitable for its goals. In particular, it is forbidden to post any content (including sound, graphic, music, word & music combined, audio-visual, photographs, etc.) of a pornographic nature, violating Polish and/or international legal and moral norms, displaying or propagating violence, hatred, discrimination (racial, cultural, ethnic, religious, philosophical, etc.), infringing moral rights or dignity of other persons. It is also forbidden to send spam mail and not commissioned commercial information, as well as to carry out any commercial, advertising, and/or promotional activities.
5.10. Any presentation may be posted on talent.pl upon its prior verification for formal and content-related requirements by the administrator within 3 days of sending (uploading) such presentation by the user.
5.11. Submitted by the User, the Data and Personal Data is non-confidential information and, as such, it can be made public through talent.pl. Specifically, the User is aware of, and consents to having the User’s Data and Personal Data accessed by Internet users and/or indexed by search engines.
Article 6 ACCOUNT BLOCKADE AND REMOVAL
6.1. The administrator reserves the right to block the account of the user who violates provisions of these regulations and whose activities are recognized by the administrator as harmful to talent.pl or other users.
6.2. Either party to the online services agreement shall have the right to terminate thereof with an immediate effect and for convenience.
6.3. The user shall terminate the agreement by removing its account and sending a relevant request to email@example.com.
6.4. The Administrator may terminate the agreement by blocking the account if:
6.4.1. the user infringes any provisions of these regulations;
6.4.2. the user's activities are harmful to other users or to the administrator
6.4.3. content or photos posted on the account have a negative impact on the operation of talent.pl.
6.5. In the event of the posting on the account of any words that are generally recognized as abusive or/and any content that is illegal, offensive, untrue, non-conformant with law, propagating violence, hatred, is morally reprehensible, or violates decencies, the administrator is entitled to delete the said content and block the account.
6.6. The administrator reserves the right to remove any photos posted on the account, which are deemed by the administrator improper or inconsistent with the regulations.
6.7. Where the account is blocked by the administrator, any new account may be opened only upon prior consent from the administrator.
6.8. In the event of death of the User being an individual, or liquidation of the User being a corporate body or organizational unit without legal personality, the Agreement shall expire and the User’s Account shall be removed due to the aforementioned circumstances having been notified by an e-mail sent to the following address: firstname.lastname@example.org.
Article 7 COPYRIGHTS
7.1. Any artworks placed on talent.pl by the user [author or artist] and personal data cannot violate any economic or non-economic rights of other users or third parties, including specifically any author’s economic and moral rights. The user may place works referring to, representing, or relating to other users or third parties only upon such users’ and third parties’ consent. At the administrator’s request, the user shall provide evidence that such consent has been granted to the user.
7.2. By placing any artworks or other content on talent.pl, the user consents to other users and the administrator having access to such artworks or content as set forth in these regulations; and the user further authorizes the administrator to use such artworks and content for purposes specifically associated with the operation of talent.pl, and for promotional reasons. In the event of posting anything on talent.pl that constitutes an artwork as defined by the Copyright and Neighbouring Rights Act of 4 February 1994, the user grants a non-exclusive licence to the administrator, against no payment due from the administrator, to use such work for the purpose of services provided by talent.pl, and waives the right to initiate any claims against the administrator, should the said work be used for purposes associated with the operation of talent.pl. Furthermore, the user allows the administrator to remove any work from talent.pl.
Article 8 PATRONAGE
8.1. Patronage is the financial support to some users of talent.pl, provided by other users or art lovers.
8.2. Patronage is when the user of talent.pl provides “patronage” for any artwork of the other user of talent.pl.
8.3. To provide, or be provided with patronage, both users (i.e. patron and the author of the artwork) must be registered with talent.pl
8.4. Below any work, for which patronage is provided, a box appears where displayed are: an avatar(s) and a nick(s) of a patron(s) is(are), amount of financial support provided for such artwork, and the starting date of patronage.
8.5. The user can provide patronage for any number of artworks in all and any categories and subcategories available on talent.pl
Article 9 PATRONAGE SETTLEMENT
9.1. An amount of financial support from a patron must be in PLN.
9.2. The minimum deposit to cover the work of patronage is 100 zł.
9.3. As part of its consideration, Talent.pl automatically charges 5% of the amount of financial support provided by the patron. So reduced, the amount of financial support is promptly transferred to a bank account of the author provided with patronage.
9.4. Payment of service occurs via PAYPAL service on your registered in talent.pl e-mail address. Even if you do not have a PAYPAL account, it informs you by sending an e-mail with the amount to be picked up.
9.5. The user does not incur any PAYPAL fees automatically payed by talent.pl in accordance with the PAYPAL rules and tariff.
Article 10 LIABILITY
10.1. The administrator hereby undertakes to provide best quality services. The administrator shall not be held liable for any interruptions in the operation of talent.pl caused by the acts of God, hardware malfunction, or forbidden user activity, even if they lead to losing data from the user's account.
10.2. The administrator shall not be held liable for any temporal interruptions in access to functionalities of talent.pl, these interruptions resulting from making modifications and improvements to the system. Users shall be notified of any planned maintenance breaks.
10.3. The administrator shall not be held liable for any content shared and published by the users. User-posted content does not reflect opinions and views of the creators of talent.pl; however, the administrator reserves the right to: edit or shorten texts and remove any content forbidden by the law, vulgar, offensive or otherwise violating social coexistence rules. The user who posts any forbidden content may be exposed to criminal and civil liability towards the administrator or other persons.
10.4. The administrator shall be held liable neither for other peoples' actions nor for other peoples' use of the users’ data that are contrary to the purpose of talent.pl.
10.5 The administrator shall not be held liable with respect to other persons’ claims concerning the publication of their photos or personal images. The only person responsible is the user that has published the claimed pictures or images.
Article 11 COMPLAINTS
11.1. Any malfunction in talent.pl can be complained about by the user by notifying the administrator by e-mail or by regular mail sent to email@example.com, or to NETALL Sp. z o.o., 00-517 Warszawa, ul. Marszałkowska 80 lok. 206, respectively.
11.2. Complaints shall be processed by the administrator within 14 days of a relevant notification. The administrator reserves the right not to consider complaints that result from ignorance of these regulations or provisions of law.
11.3. The administrator reserves the right to inference in the user’s account in order to eliminate any malfunction in talent.pl or in the account.
11.4. The administrator shall not consider complaints concerning services offered by other persons using functionalities provided by talent.pl. Moreover, the administrator shall have no obligation to forward any such complaints to any entity competent to process thereof.
Article 12 FINAL PROVISIONS
12.1. These regulations are available at talent.pl/terms.
12.2. The administrator reserves the right to amend these regulations unilaterally, at any time, and for convenience.
12.3. In the event of any amendments to these regulations, the administrator shall promptly notify the users thereof by publishing a uniform text of these regulations at talent.pl. The amendments to these regulations shall become binding for the user after
12.4. days of notifying thereof as set forth in the immediately preceding sentence. By using talent.pl after that date, the user accepts new regulations.
12.5. These regulations shall enter into full force and effect on the date of starting the operation by talent.pl, i.e. Novembe the1st 2010.
12.6. In the event that any provision of these regulations is modified or invalided as a result of a final court decision, other provisions hereof shall remain unaffected.