GAGfin Terms
§ 1. GENERAL PROVISIONS
1. These Regulations set forth the scope and rules of free access to the content published by CENNA Spółka z ograniczoną odpowiedzialnością (hereinafter referred to as the \"Administrator\") via the web service on the domains called: gagfin.pl or gagfin.com (hereinafter referred to as the \"Service\").
2. The Regulations are published on the web site of the Service free of charge and in the form that makes it possible to download, save and print the Regulations at any time.
3. Before commencing to use the materials published by the Service, Users are obliged to get acquainted with the Regulations and comply herewith.
4. Users and persons visiting the web site of the Service acknowledge and accept that it is prohibited to upload to the Service and send to the Administrator content that may be unlawful or offensive as well as content that may contain viruses or that may interfere with the operation or cause damage to IT systems.
§2. DEFINITIONS
The terms used in these Regulations shall have the following meaning:
Administrator - CENNA Spółka z ograniczoną odpowiedzialnością with its registered office in Gdynia, at ul. Msciwoja 9/10a, postal code: 81-361, entered in the register of enterprises of the National Court Register kept by the District Court for Gdańsk-Północ in Gdańsk, VIII Commercial Division of the National Court Register, under KRS No. 0000374266, NIP: 5862262918 and REGON: 221152842, with share capital of PLN 5,000.
Regulations - these regulations of using the Service.
Service - a web site (with sub-pages) developed and operated by the Administrator, connected to the Internet, enabling its Users to use the Resources accessible at the web address http://gagfin.pl or http://gagfin.com.
Hardware - PC or another device with Internet access and with appropriate software, as specified in § 3 of the Regulations that enables display of the content in the Service.
User - a person using the Service subject to the terms and conditions of these Regulations.
Resources - all materials and content provided to the Users via the Service, in particular drawings and cartoons that are works protected by copyright.
§ 3. CONDITIONS OF USING THE SERVICE AND TECHNICAL REQUIREMENTS
1. In order to use the Service, Users need to operate Hardware meeting minimum technical requirements of web browsers available in the market in most recent versions. Additionally, the User is required to have an individual active email box should the User provide his/her consent on the home page of the Service to receive to its e-mail address of information and advertising materials related to the Administrator\'s current operations and its related entities (hereinafter referred to as the: \"Newsletter\").
2. Users shall be responsible for providing Hardware along with the required software and an e-mail account as specified in § 3.1.
3. All costs resulting from using telecommunications means by the User (connection to the Internet, SMS, telephone connections) to use the Service shall be covered by the User at the rates of its providers.
4. When the User uses the Service, cookies may be installed on User\'s Hardware.
5. The Administrator shall ensure access to the Service at the time and subject to the terms and conditions specified in the Regulations, round the clock, seven days a week, with the exception of the following periods: a) restrictions in access to the Internet imposed by the providers to the User, b) failures resulting from actions or omissions by third parties for which the Administrator is not responsible (e.g. failures o servers, Internet connections, hacker attacks).
6. The Administrator reserves the right to disconnect the Service temporarily or in part, in order to upgrade such services, add new Resources or for repair and maintenance operations.
§ 4. ADMINISTRATOR\'S LIABILITY
1. The Administrator shall not be liable for failure to perform or incorrect performance of any obligations resulting from these Regulations due to circumstances beyond the control of the Administrator despite due diligence.
2. The Resources made available at the pages of the Service serve solely information purposes and are based on sources that the Administrator finds reliable and verified. The Administrator shall not be liable for any suitability of the Resources to any specific operations of Service Users. The User shall bear the risk related to the use and application of the Resources available at the Service. The Administrator shall not be liable for Service Users or third parties for any damage, direct or indirect, related to the use of the Resources made available at the Service or distributed in the Newsletter.
3. Additionally, the Administrator shall not be liable for:
a) any damage caused to third parties resulting from use of the Service by Users in contravention to the Regulations or the law. In such circumstances, User\'s liability to third parties shall be subject to the applicable law.
b) information and materials downloaded and sent by Users via the Internet,
c) damage resulting from circumstances for which the Administrator is not responsible (force majeure, actions and omissions of third parties, actions of Users or persons for which they are responsible, etc.),
d) effects resulting from the Users providing inaccurate or incomplete information at registration for subscription of the Newsletter,
e) failure by Users to comply with the Regulations.
§ 5. RULES RELATED TO ADMINISTRATOR\'S Z NEWSLETTER
1. Deleted.
2. Deleted.
§ 6. PROCESSING AND PROTECTION OF USERS PERSONAL DATA
1. The Administrator is the administrator of personal data of Service Users within the meaning of the Act of 17 June 2002 on personal data protection (Dz.U. No. 101, item 926).
2. Users, by providing their consent to receive the Newsletter, authorise the Administrator to process their personal data (email address) to the extent required to subscribe to the electronic Newsletter. To this end, the Administrator may have such data processed by other authorised entities that handle the subscriptions to the Newsletter.
3. Users personal data will be processed subject to the security rules specified in the Act referred to in § 6.1 above.
4. Users shall be entitled to have access to their personal data any time in order to make corrections.
§ 7. SCOPE AND DURATION OF THE LICENCE TO USE THE SERVICE RESOURCES
1. The licence granted to Users to use the Service Resources is non-exclusive and non-transferable; however the Administrator permits Users to save resources on Users Hardware or transfer the Resources to third persons (e.g. colleagues, friend, family members) as long as such activities are not commercial in nature and the saved or transferred Resources are not modified by Users.
2. Use of the Service Resources, in particular any text, graphic materials, photographs, applications and databases as well as other elements published in the Service does not mean that Users acquire any copyright to those Resources.
3. Users shall be obliged to refrain from making any modifications, improvements to the Service Resources, or making any attempts at removing, bypassing or breaking any security mechanisms to the Service preventing unauthorized access.
4. Any use of the Resources published in the Service other than specified herein is prohibited without prior explicit consent of the Administrator and any breach of the rights of the Administrator (or of the entities whose Resources pursuant to collaboration with the Administrator are published in the Service) to copyrighted works and databases, shall be subject to liability in accordance with civil and criminal law.
§ 8. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
1. The Service, including the graphic marks published therein and the word name of the Service as well as all Resources made available to Users via the Service, the graphical design of the Service and the solutions applied therein, are subject to protection in accordance with Polish and international law, in particular the provisions of the Act of 4 February 1994 on copyright and related rights (Dz.U. No. 24, item 83, as amended), the Act of 27 July 2001 on database protection (Dz.U. No. 128, item 1402) and the Act of 16 April 1993 on counteraction to unfair competition (Dz.U. No. 47 item 211), including those that are directly applied in international regulations.
2. Without consent by the Administrator it is prohibited to use any Resources obtained from the Service for commercial purposes, in particular such works as drawings, illustrations, films and photographs.
§ 9. NOTIFICATION OF BREACH OF COPYRIGHT
1. Any notification to the Administrator of a breach of copyright to the Resources may be made by a User or another person by sending an email meeting the following requirements:
a) Electronic signature of a person authorised to act on behalf of the exclusive copyright owner that could have been breached by the Resources published in the Service.
b) Detailed identification of the Resources that allegedly breach the copyright or are subject to activities breaching the copyright and for that reason they should be removed or access to which should be blocked. Provision of URL addresses in such message will be the best method to enable the Administrator immediate identification of such Resource element.
c) Information that will enable the Administrator contact person reporting a copyright breach such as address, telephone number and e-mail address.
d) A statement that the contact person reporting a copyright breach act in good faith and is certain that the Administrator has not been authorised by the copyright owner, a representative of the owner or by the law to use such Resource element.
e) A statement that information provided in the report on a copyright breach is accurate and true and that the person reporting a copyright breach has been entitled to such action on behalf of the sole copyright owner that may have been breached.
2. The electronic notification referred to in § 9.1 shall be sent to the Administrator to: copyrights@gagfin.com.
§ 10 FINAL PROVISIONS
1. The Polish language shall be used in all contacts between the Administrator and Users.
2. All disputes resulting from the use of the Service and its Resources shall be resolved in accordance with Polish law.
3. Any disputes that may arise in connection with the use of the Service and its Resources shall be resolved by a court competent for the Administrator\'s registered office. The above provision does not apply to any disputes with consumers.
4. The Administrator shall be entitled to modify these Regulations at any time. The modifications shall be valid when published in the Service.
5. With respect to Users subscribing to the Newsletter, the modified or new working of the Regulations or a link to a web site containing such new Regulations or modifications, shall be sent to the e-mail address provided to the Administrator at subscription.
6. The Regulations and the use of the Service Resources by Users shall be subject to Polish law. In all matters not provided for in these Regulations, the provisions of Polish regulations shall apply, in particular the Civil Code, Act on copyright and related rights, Act on industrial property, Act on provision of electronic services and Act on personal data protection.
These Regulations have been in force since 31.05.2013.
Modifications to the Regulations: On 31.05.2013 the paragraphs related to the newsletter were deleted from the Regulations dated 11.11.2012.
The above document and the enclosures constitute a translation of the Polish version of the original documents available at http://gagfin.pl/pages/terms/. The binding Polish original should be referred to in matters of interpretation.
