Terms and conditions of rendering services in range of "Market360.co"
(1) Based on the Art. of 8 sec. 1 pt of 1 act from 18 July 2002 about the service delivery with electronic means (D. U. Nr 144, pos. 1204 with later changes) Waldemar Kardasz entrepreneur acting under the name of KSENS Waldemar Kardasz with registered office in Białystok is setting these terms and conditions of the service delivery by electronic means, hereinafter referred to as Regulations and undertakes to follow them.
(2) Regulations are defining kinds and the scope of supplied services by the Service provider via e-mail, principles of providing these services, conditions of containing and dissolving contracts for the service delivery via e-mail and a course of action complaints.
(3) Regulations contain also information which the Service provider is obliged to hand over to the Customer in performing imposed duties with relevant provisions.
(4) The Service provider provides services via e-mail via the website in the domain www.market360.co
(5) It is prohibited to upload by user to the service provider information and content of an unlawful, abusive, likely to cause confusion, as well as content containing viruses or likely to cause disruption or damage to your computer systems. When such content service provider has the right to block the Customer’s access to the services provided by electronic means.
(6) Regulations are provided free of charge on the website for www.market360.co in the form enabling recruiting him, reconstructing, strengthening and printing. Everyone can read this Regulations.
Information about Service Provider
(1) Indicating of the Service Provider: Waldemar Kardasz entrepreneur acting under the name of KSENS Waldemar Kardasz
(2) Address: ul. Urocza 11, 15-240 Białystok
(3) The Service Provider is entered in the Central Register and Information about the business activity, conducted by the competent minister for economies.
(4) NIP: 5421198781, Regon: 200627810
(5) e-mail address: email@example.com
(6) Communication with the service provider takes place via email, or by phone using the address and phone listed in paragraph 5 above.
Glossary of terms
As defined in Regulations following notions mean:
(1) Cookies- little text information, sent by the Service and stored on the hard disk of the Customer’s computer, which the Service can reconstruct at every connection with the Service through the Customer’s computer in order to make use of services.
(2) Password- string of characters for authorizations established to the purpose of the access to the Service in the destination of taking advantage of services in the scope normalised with Regulations.
(3) Account - web application of the Service, made available to the Customer after giving consent to the service delivery by him via e-mail and the registration or log on in the service, to the purpose of the service delivery.
(4) Activation link - the address of a website generated by systems of the Service after correct passing the path name of the registration which starting is confirming and is authenticating data entered in the process of the registration or the change of data.
(5) Login name - mark identifying the Customer which agreed to the service delivery by electronic means in respect of the approved Regulations.
(6) Registration - entering to Service data necessary for commissioning and identify the Recipient.
(7) Service - marked electronic channels of the Service provider, constituting the set of hypertext HTLM documents static and dynamic, containing display files, course books and other connected elements of a set with interrelation, put on the Internet server and available in www.market360.co domain, using enabling Customers computer mechanisms and information and disclosed data by the Service provider.
(8) Teleinformatic system - several computer devices cooperating with oneself and the software, providing processing and storing, as well as sending and receiving data through communication networks with the terminal unit typical of the given type of the net in understanding telecommunications Law.
(9) The provision of services by electronic means – execution of the service, which shall be effected by sending and receiving data using information and communication systems, at the individual request of a recipient, without the simultaneous presence of the parties, which these data are transmitted via telecommunications networks within the meaning of the Telecommunications Law.
(10) Agreement-agreement for the provision of services by electronic means, concluded after approval by the customer for the provision of electronic services within the scope of the rules of procedure. Consent by the customer constitutes acceptance of the content of the rules of procedure.
(11) Services-services provided by the service provider for the individual consent of the Recipient referred to in § 4 of the rules of procedure, based on the use of the service.
(12) The law on the protection of personal data-law of 29 August 1997 on the protection of personal data (Journal of laws 2002 No 101, item 926 with amendments).
(13) Act on the service delivery with electronic means - act from 18 July 2002 about the service delivery with electronic means (D. U. of 02 No. 144, pos. 1204 as amended).
(14) Giving consent to the service delivery via e-mail - statement submitted to the Customer via e-mail with the Service, giving consent to the conclusion of a contract.
(15) Conclusion of a contract - act in law double-sided, made to the purpose of the service delivery via e-mail in accordance with the rules, consisting among others in making services of the Service available to the Customer.
(16) The Customer - any person who directly in connection with their professional activities or economic benefits from the service.
(1) In order to properly use the service through Web pages required are:
(a) web browser supporting _ _ _ _ _ _ _ _ - Internet Explorer in the version _ _ and higher or Firefox version _ _ or higher,
(2) The service delivery is held with using the HTTPS protocol.
(3) Transmitted data for the Customer is being protected by applying the safe Secure Socket Layer protocol (SSL).
(4) The Customer must have a personal, active e-mail account (e-mail).
(6) Information about connected threats with making use of services provided via e-mail constitutes the enclosure 2 to this Regulations.
Types and range of services
(1) The Service provider as part of the Service is providing the following services via e-mail:
(a) Generating the 360° presentation. As part of this service photographs delivered by the Customer of the definite thing in the automatic way will be converted into presentation 360°, which will be describing the photographed thing in the way creating the illusion of her turnover around the own pivot. Using the service takes place free of charge. As part of this service the Presentation will be available to the Customer only via his account, without the possibility of downloading, writing on a Customer’s computer and using it in other way.
(b) Downloading finished presentations put in 360° Service. As part of this service, the service provider will allow you to download the presentation 360 °, which includes a set of image files, the java script files and configuration files, which referred to in such a way as to create the illusion of its rotation around its axis. The customer shall be entitled to use the whole presentation within the range specified in § 12 of the rules of procedure. The provision of the services for remuneration, and, in the case of a designated presentation free of charge.
(c) Making available to the presentation downloadable by third parties. Access to the presentation to download by third parties. As part of this service, the service provider will allow you to place 360 ° presentation on in order to download and use by third parties within the range specified in § 12 of the rules of procedure. The service is provided free of charge, and, in the case of that presentation can be provided for a fee.
(d) Any additional payments beyond the agreed remuneration for the main service provider contractual obligations require the express consent of the recipient.
(2) The service provider may grant discounts in accordance with the current offer is available on the site. Discounts on individual services do not add up.
(3) The service provider reserves the right to change pricing or deals. Orders placed before the change will be implemented on the existing conditions in this case.
(4) The costs arising from the use by the customer by means of communication at a distance (the cost of connection to the Internet, SMS, phone calls) in order to take advantage of the Services shall be borne by the customer, in accordance with the price lists of suppliers of the services they use.
(5) The Customer may use the services solely in connection with the activities of professional or trade body, in particular with a view to presentation and advertising being offered within the framework of these activities, goods or services.
(1) A condition for using a service provided by the site is Registration.
(2) Market360 service is designed for professional photographers, online stores and the producers of the goods. Registration can only make the recipient who will benefit from the services directly in connection with his business or profession.
(3) The Customer, during the Registration process, is obligated to choose Login and password.
(4) Login to the account, follows by using the recipient's email address and password.
(5) The minimum number of characters making up the password and login name specifies the service provider.
(6) The registration depends on reading and approval of contents of Regulations.
(7) During the Registration the Customer can give consent to receive e-mails to the indicated address associated with the current operations of the Service provider - farther "newsletter". The agreement is being given by marking right field during the registration.
(8) Receiving the newsletter is free of charge.
(9) Giving consent for receiving the newsletter will take place by marking right field in the registration form.
(10) The Customer can give up receiving the newsletter at any time. The resignation is taking place through the click of the button "Unsubscribe" which is in every newsletter received from the Service provider.
(11) The Customer which didn't give consent to receive the newsletter during the process of the registration, will be able to order this service by marking right field in the section "my data" in "my account", available after logging in.
(12) The service provider has the right to suspend for a specified period or indefinitely, or remove an account where the Customer is in breach of the relevant provisions of the rules of procedure, and in particular places on the content in accordance with applicable laws, the use of or uses the services in accordance with their intended purpose.
(13) The service provider reserves the right to refuse to provide services for the benefit of the Customer and remove your account if it has been founded once again after the removal of the resulting from infringing the regulations.
Generating presentation 360°
(1) For the provision of a service to generate the presentation of 360 ° service provider does not receive a salary.
(2) As part of this service, the customer may generate no more than five 360° presentation at the same time. These presentations will be available through your user account. Next generation 360° Presentation will be possible after the removal of a sufficient number of existing 360° Presentation, so that the total number of presentation does not exceed five.
(3) Up to the limit of five presentations which is being talked about in pt. 2 isn't being included of Presentations charged as part of the service of taking ready Presentations 360° and of Presentations made available downloadable as part of the service of making available to the presentation downloadable by third parties.
(4) In order to generate the presentation the Customer should log into the Account and then press the button "create the Presentation" being in a right upper corner of the screen.
(5) In case of pressing the button "create the Presentation" by the person not-logged it will stay asked appropriately about log in, and in case of unregistered persons for the registration.
(6) After pressing the button "create the Presentation" throin order to convert photographs into the presentation all photographs should be in the same size and the resolution. Detailed specifications concerning photographs are included in the enclosure 3.gh log on Customer an interface enabling to move photographs from the computer to the market360.co service will appear.
(7) In order to convert photographs into the presentation all photographs should be in the same size and the resolution. Detailed specifications concerning photographs are included in the enclosure 3.
(8) In order to take advantage of generating the presentation the Customer should move at least two photographs and no more than 72 photographs from the computer to the service.
(9) After putting photographs in the service the further changes of the brightness, contrast and saturation and the speed and direction of the turnover. The Customer will have a possibility of changing the presentation in terms of the speed and direction of the turnover also after generating of presentation.
(10) Before converting photographs into presentation 360 it is necessary to name the presentation, the category and the producer of the thing described in photographs. It is possible to change this data after generating the presentation in option. Optional the Service provider can enter the description of the item which Presentation 360 is introducing about and tags.
(11) Processing photographs and generating the presentation are taking place after pressing the button "generate".
(12) After generating the presentation the Customer has a possibility of preview and verification . The time of generating the presentation depends on the number and the quality of photographs, the speed of the Internet connection and other things, and can take up to a several minutes.
(13) The Customer will receive a confirmation of generating a presentation via e-mail address indicated during the registration.
(14) After generating the presentation it will stay bequeathed in an account to the Customer. Written presentation, in the framework of the service of generating presentation 360 about will be able to be watched by the Customer via his account.
(15) The presentation accessible to the Customer by the service of generating presentation 360° will contain the watermark.
(16) Download, save and use the presentation in any way other than through an account is possible within the 360° presentation-ready retrieval service or services make the presentation available for download by third parties and takes place on the principles referred to section 8 and section 9 of the rules of procedure.
(17) Presentations will be stored on the recipient's account for a period of 30 days. After this period, the presentation will be removed unless the Recipient before the expiry of that period will benefit, in respect of the presentation of the finished 360° retrieval service or services make the presentation available for download by third parties.
Service of downloading presentations 360°
(1) The Customer through the service can download the presentations placed for this purpose on the website, as well as presentations generated by the Customer through the service to generate 360° presentation, referred to in § 7 of the rules of procedure.
(2) Download the presentation as part of the ready retrieval service 360° presentation is done in return for payment. Tagged presentations can be made available for download free of charge.
(3) To download the presentation put on by the recipient, select the proper presentation and press "Download" button in the case of a shared presentation for download free of charge pressing will start the download and the customer will not be charged any payments.
(4) In the case of the presentation available for downloading for a fee you will be prompted to accept the payment. Accept payments from your account will be a recipient of the appropriate number of credits and start to download the presentation.
(5) In the case of lack of credits in Customer’s account, the Customer will be redirected to the side enabling to purchase credits, consistent with the principles set out in § 12 of the rules of procedure.
(6) Using of applications downloaded as part of the Service of taking ready presentations 360° is possible in the scope and on definite conditions in § 11.
(7) Using some presentations charged as part of the service of taking ready presentations 360° can require obtaining permits of persons or the third subjects which are entitled to rights to things and signs described in the presentation.
Service of making the presentation available for using by third parties
(1) The Customer who used the service to generate the 360° presentation may share presentations for download and use by third parties.
(2) Sharing occurs by placing the presentation on the site and to enable third parties to benefit from the services referred to in § 8.
(3) By making available to the presentation the Customer is giving consent to charge the presentation by third parties and to use this presentation in the scope and on specific principles in § 11.
(4) In order to take advantage of this service one should emphasize the due presentation, to indicate the category for her and to press the button "publish". The Customer can add the additional description of the presentation in field intended for it.
(5) The service can use a Customer, which have rights to the property presentation, copyright property rights to the images, from which the generated presentation, as well as the right to things presented in a presentation to the extent that this thing may be a copy of the song, it is a figment, which included industrial design or a trademark.
(6) Making available to the presentation downloadable by third parties is free of charge.
(7) The Customer making the presentation downloadable by third parties receives the remuneration on account of benefitting from the service of taking the presentation by third parties and charging the presentation made available from specific principles in § 12.
(8) The Customer is able to make indicated presentations downloadable by third parties free of charge. If this a Customer is making the payment for charging and using the presentation, and the others are using the service of taking ready presentations free of charge.
(9) Presentations available to download free of charge by third parties are promoted through their display in the top search engine results and their designation of "FREE" icon, symbolizing the ability to download free presentation.
(10) The service provider may refuse to provide the service to a specific presentation for download by third parties.
(11) The service provider may block the ability to share a specific presentation for download by third parties, if the content is contrary to the law, ethical standards, morality or advertises operators or Internet services operating to rival service providers as well as in the event that the customer uses the service for any purpose other than directly related to business or professional service provider.
The conditions of concluding and terminating the service
(1) For the conclusion between the provider and the recipient of the supply of a service to generate 360 ° presentation comes on put on photos, the introduction of the necessary information and start processing images by pressing the button "generate", referred to in § 7 point 9 of the rules of procedure, provided that the photos placed in the service will meet the requirements set out in the rules of procedure.
(2) The conclusion between the provider and the recipient of the service download 360 ° presentation or sharing presentation for download by third parties comes up when clicking "Download" or "publish".
(3) The agreement is concluded under the conditions laid down in the Regulations.
(4) The agreement for the provision of services to generate 360° presentation resolves upon the removal of the presentation by the recipient.
(5) The agreement for the provision of services to generate 360 ° presentation solves with the expiry of 30 days from the time of generation of the presentation, if at that time the customer, in respect of the presentation of the service or to make this presentation.
(6) The agreement for the provision of services over 360° presentation download resolves upon download of the presentation.
(7) The agreement for the provision of services by third parties to download presentation sharing resolves upon the cancellation of the presentation by the recipient or with the passage of time, for which the presentation was published in order to download.
(8) The agreement for the provision of services may be terminated by either party subject to one month's notice.
(9) The Statement will in matters referred to in this paragraph may be made by electronic means-on the email addresses of the parties.
(1) A Customer by publishing the presentation to download by third parties states that:
a) is entitled to them for him exclusive proprietary copyrights for the presentation and exclusive proprietary copyrights to photographs, from which the generated presentation stayed. Moreover the Customer is declaring that they are free from physical defects and legal) and of claims of third parties and he is entitled to them to all entitlements, in particular the copyright, required licences, laws, permissions and consents to exploiting them, spreading, making available, the publication etc., especially a right to publish and to spread online Internet, - as well as these laws in any way whatsoever aren't restricted.
b) presentation does not affect any rights of third parties including copyright, trademark rights, patent rights, trade secrets, rights to privacy, rights to publicity or any other proprietary or intellectual property rights.
c) agree that it will make the presentation available for download exclusively through the site i.e., presentations will not be available for download on other websites than service, and if earlier were made available on such cabinets will be removed from them.
(2) A Customer by publishing the presentation in order to download a third party agrees to the publication of a presentation on the pages of the service provider in order to be able to download this presentation by third parties and the use of it through public presentation available on the websites of these people on the Internet so that everyone had to access this presentation at the place and time of your choice.
(3) Given the consent shall cover non-exclusive use of presentation, only as a direct result of the business or professional activities, without the right to sublicense, throughout the world by a limited period of time of 5 years from the date of Download presentation. Compatible also covers use of the components of a presentation, including, in particular, pictures of which presentation was generated, with the caveat that it is not an acceptable use of the components of a presentation in a different way than only within the presentation.
(4) The Authorization referred to in paragraph 2 and 3 shall be without prejudice to the rights of third parties, and in particular the rights to things provided by the customer to the extent that it represents the original track is a figment, which included industrial design or a trademark. If in respect of such rights to use the Presentation could be required to separate the recipient's consent that the presentation is required to obtain such approval on its own.
(5) If, in connection with the supply by the recipient to download the presentation of the third party service provider concerning claims against the will of the copyright for the presentation or components of a presentation or to claims which arise from the presentation in the presentation of specific things the customer providing the presentation to download is required to fully satisfy these claims and release the service provider from the obligation to pay damages and costs associated with the investigation of these claims. In particular, this may apply to the copyright for the song, of which a copy is presented to the conclusion this thing industrial design or mark it trademark.
(6) The undertaking provided for in point 5 also applies to cases where the claims to the provider will User who downloaded and takes advantage of the presentation, to which a third party to claim specified in point 5 of this paragraph.
(7) The Customer by downloading the presentation is obliged to use it exclusively in the manner set out in this section. Where, in accordance with its paragraph 3 to make use of the presentation of a separate Customer consent is required before use is required to obtain such consent.
(8) As part of the services download ready presentation and presentation-ready to download your ISP provides proxy services only in data transmission and data storage. The provider does not initiate the transmission is data, not select the receiver of the transmission of data does not modify the data, uses the internationally recognised and applied information technology techniques determining technical parameters of access to data and its update, does not interfere with the use of it techniques. In the light of the above, the customer will be solely responsible for making and storing the presentation as well as the effects of the publication of these presentations.
(1) the value of any services rendered against payment is expressed in credits.
(2) the payment takes place through the use of credits at the disposal of the Recipient.
(3) the amount of Credit available, it is possible to check in the Panel to the recipient in the "my finance"
(4) the credits can be purchased in the Recipient in the "my finance" by clicking the button "Buy more credits"
(5) the acquisition of loans shall be made through the PayPal platform in accordance with the rules of this platform, or by making the presentation to download paid to third parties in accordance with the provisions of paragraph 1. 6 - .
(6) the customer providing the presentation to download for the third party receives for each paid download this presentation fee.
(7) the remuneration shall be determined on the basis of the prices collected presentation expressed in credits and amounts to 1 USD for 2 credits. (or 0,5 USD per 1 credit)
(8) the Payment is collected on account of the service provider. The service provider may require the payment of wages at any time, provided, however, that the amount of compensation to be paid at least $ 25.
(9) payment will occur within 7 days from the date of receipt of demand for payment via the PayPal platform in accordance with the rules of this platform.
(10) the customer is obliged to provide the service provider the documents or statements necessary to determine the proper source of income to the recipient, and thus any obligations on service providers as the payer. The period referred to in paragraph 1. 9 above shall be offset until the delivery of the service provider to such documents or statements.
(11) the remuneration payable to pay may be reduced by the amount of tax, advance on taxes and other public charges, including, in particular, tax withholding, if the download of any such taxes and charges the service provider may be required as the payer.
(12) in the case of doubt as to the existence of an obligation to deduct and discharges as the payer the relevant amount, the service provider shall make such deductions which does not exclude the possibility for the customer to the competent authorities with a request for reimbursement of any overpaid.
(1) The service provider will provide access to the Service in the time and on principles determined by Regulations, 24/7, seven days during the week, except for periods including restrictions in the access to the Internet resulting from services which the User is using, as well as the breakdown of resulting action or omissions of third parties for which the Administrator isn't bearing responsibility (e.g. breakdowns of servers, of Internet connections, attacks by hackers).
(2) The service provider is reserving the right moreover to do technical tea breaks possibly in functioning of the service, associated with the service and the maintenance of the teleinformatic system.
(3) The service provider isn't bearing responsibility to:
(a) any damage caused third parties, incurred as a result of making use of services by the Customer in the way contrary to Regulations or provisions of the law; if this is the case for the Customer towards third parties generally applicable provisions of the law are regulating the responsibility;
(b) information and materials received and sent via the network Internet by Customers,
(c) loss of extrinsic factors given by the Customer caused by action (e.g. the breakdown is linking, of equipment, software, id.) or with other circumstances independent of the Service provider,
(d) of the damage incurred as a result of the discontinuity of the service delivery, unless the damage is an outcome of deliberate action for the Customer,
(e) of the damage being a result of the circumstance for which the Customer isn't bearing responsibility (the force majeure, action and omissions of third parties, action of the User or persons for which he is bearing responsibility and the like),
(f) of the result of giving by the Customer false or of inadequate information at the registration or logging,
(g) non-observance by the Customer of conditions of Regulations,
(4) if the Service provider obtains the credible message about unlawful character of data put in the Service but delivered by the User, the Service provider will deny other Customers of the Service access to this data. If this is the case the Service provider will notify the Customer to his address email given in the Service about blocking data mentioned above and won't be responsible towards this User for a damage incurred as a result of making impossible the access to this data.
(5) the Customer is authorised to use the presentation exclusively in given licence agreements. Using the presentation can require obtaining permits from third parties which are entitled to rights to things described in the presentation. In particular it can concern cases when the thing constitutes the copy of the work, is a product in which the industrial design is included or is marked with trademark.
(6) the Service provider isn't bearing responsibility for the damage a Customer can carry which as a result of using the presentation in discord with decisions entered into between the Service provider and the Customer of licence agreements or in case of using the presentation without required approvals of third parties.
(7) the Customer is bearing responsibility for the damage caused the Service provider as a result of putting on sides the bulletin of presentations which are violating laws of third parties.
(8) Service provider which received official notifying about unlawful character stored data delivered by the Customer and denied access to this data, isn't bearing responsibility for the damage incurred as a result of making impossible the access to this data.
(9) sides are excluding the responsibility for the Service provider on account of the statutory warranty for legal and physical defects of presentation, unless the Service provider withheld the defect insidiously.
(10) in every case responsibility of the Service provider towards the Customer or it on account of the non-performance or the unsatisfactory performance of the obligation, or tort is limited to the equivalent of the amount USD 1000 for the day of the occurrence of the damage, unless the damage was caused the Customer deliberately.
(1) the customer may submit a complaint concerning electronically supplied services on the relevant forms available on the website, electronic mail to the following address firstname.lastname@example.org or in writing to the following address KSENS Waldemar Kardasz, ul. Żurawia 71, 15-540 Bialystok, Poland.
(2) Complaints are dealt with promptly, but not later than within 30 days of the date of their impact.
(3) Complaints concerning the payments through electronic payment system PayPal are dealt with appropriately by the PayPal on the principles adopted by the entity and are available on the website accordingly https://www.paypal.com
(4) in case of complaint demanding an investigation and additional arrangements, the period for consideration of the complaint shall be 3 months from the date of its impact. To extend the time limit for consideration of complaints, the service provider shall inform the Customer.
(5) the response to the complaint is granted via email or in writing.
(1) regulations constitute the integral part of the service delivery agreement contained by the Service provider with the Customer via e-mail.
(2) the marking and the title of individual articles are significant exclusively information. In case of the amendment to the rules of procedure, new Regulations will be put on pages of the Bulletin.
(3) all disputes will be settled by the competent court of general jurisdiction on account of the registered office for the Service provider.
(4) agreements entered into based on this regulations will be subject to Polish law.
(5) regulations were adopted by 2014.01.03 and is in force for a 2014.01.09 day.