Regulations of the website ATELIORA
1. General Provisions
§ 1 Regulations' validity
§ 2 Glossary
2. The rules of participation in the service:
§ 3 User's rights
§ 4 Contract
§ 5 Contract termination
§ 6 User's registration
§ 7 Account
§ 8 Subscription
§ 9 Credits
§ 10 Pictures
§ 11 Team work
§ 12 Blocking and deleting of account
§ 13 Services related to participation in the website
3. Personal data protection:
§ 14 Administrator of personal data
§ 15 Processing of personal data
§ 16 Law regulations
§ 17 Statement
§ 18 Administrator's activities
§ 19 Complaint procedures
§ 20 The website ATELIORA statement
§ 21 Exclusion of the website ATELIORA responsibility
§ 22 Activities of the website ATELIORA
7. Final provisions:
§ 23 The regulations' accessibility
§ 24 Changes to the regulations
§ 25 Cancelling the contract
§ 26 Governing law
§ 27 Regulations' validity
1. General Provisions
§ 1 Regulations' validity
1. These regulations specify the principles of operation and participation in the website ATELIORA run under the internet address www.ateliora.com, in particular the rights and obligations of the registered User of the website ATELIORA.
2. ATELIORA website is a social network on which users have rights to publish pictures, to make comments on them, to catalogue them, to describe and process them as well as to write texts and to use the website services.
3. The sole owner of all rights especially copyrights to the website ATELIORA is FEISP s.c. based in Wrocław, ul. Francuska 46.
4. The name of the website, its idea, graphic design, trademark, database, software and texts are legally protected.
§ 2 Glossary
Every time the ATELIORA website provider refers to:
1) Regulations - this means these regulations.
2) Administrator - this means the ATELIORA website provider.
3) User - this means a person who has an ATELIORA website account.
4) Account - this means an online site available after logging in, where one can use the services provided by the ATELIORA website provider.
5) Registration - this means a contract of use of the website ATELIORA by giving relevant data in the form and the confirmation of registration made by the ATELIORA website provider via email.
6) Profile - this means a user's site where one publishes information about oneself and shares pictures with other users.
7) Subscription - this means a paid service provided by the Administrator under which a user has the opportunity to publish the valid amount of pictures and to use additional tools available in the modules and services available on the website ATELIORA.
8) Points - this means a virtual currency which allows one to purchase additional services and subscriptions.
9) Personal data - this means personal data according to the Act from 29 August 1997 on protection of personal data (Journal of Laws from 2002, no. 101, pos. 926 with further amendments).
10) Commentary - this means written opinions on pictures and texts appearing on the website ATELIORA.
11) Pictures - this means every photograph, illustrations, scans, etc.
2. The rules of participation in the service:
§ 3 User's rights:
1. Participants of the website are its Users.
2. The User has the right to:
1) have their own account on the website ATELIORA;
2) post, modify and publicly display pictures on their own account;
3) change or cancel their own pictures or account;
4) browse other users' pictures and judge them;
5) comment on other users' pictures;
6) purchase the subscription to the website ATELIORA;
7) create and be a member of user groups and group profiles;
8) use the tools provided by the website ATELIORA;
9) purchase an option without advertising on the user's account.
3. The User cannot:
1) provide incorrect or outdated personal data;
2) transfer their account password to third parties;
3) use vulgar language or in any other way violate law or the goods or other person protected by law;
4) place pornographic materials in any form prohibited by Polish law, in particular pornographic material involving minors, depicting violence or animal abuse;
5) place materials promoting and inducing violence or any form of discrimination prohibited by Polish law, in particular against people or individuals because of their national, ethnic, racial, political and religious identity as well as lack of religious beliefs, and to commit crimes or fiscal offences;
6) circulate the image of a naked person or a person during sexual activity without their consent;
7) distribute undesired commercial information within the meaning of the Act from 18 July 2002 on online services (consolidated text Journal of Laws no. 144, pos. 1204 with further amendments);
8) violate in another way generally accepted principles of social life.
4. Complying with these regulations is basic obligation of a website ATELIORA user.
5. User's behaviour if it does not compile with these regulations or general laws may result in the temporary or total blockage of some or all of the User's rights. This provision shall be applied respectively in the case of possession by a User of more than one account on the website ATELIORA.
6. The website ATELIORA reserves the right to remove any material without giving a reason.
§ 4 Contract.
1. User of the website ATELIORA can be every natural person over 13 years of age as well as an organizational unit without legal personality or legal person.
2. The website ATELIORA reserves the right to enact stricter age requirements for certain activities or contents concerning the website, in particular the request of a legal representative’s permission to undertake property activities related to participation in the website or the designation of certain materials or content available from a certain age.
3. An organizational unit without legal personality or a legal person can be a website User on the principles of group profile and is obliged to denote a contact person.
4. The basis of participation in the website ATELIORA is a contract for the participation in the website in the following options:
- with the right to comment on pictures;
- with the right of placing and adding pictures;
- with the right to use paid services.
5. The agreement of the contract of participation in the website ATELIORA is considered completed when starting to use of the services available on the website, i.e., by filling out a form available on the website http://www.ateliora.com/pl/rejestracja/podstawowa and confirmation of the listed data. The set of data necessary to conclude a contract depends on the participation option selected by a User.
6. Regardless of the participation option, it is necessary to provide the following data: e-mail address, password and nickname every time.
7. Contract is agreed for an indefinite period.
§ 5 Contract termination.
1. Either party may terminate their participation in the website ATELIORA contract without giving reasons and with immediate effect.
2. The website ATELIORA terminates the contract by deleting the User's account.
3. The User terminates the contract by deleting their own account or by a request to the website to delete the account.
4. In case of a request of an account deletion sent to the website ATELIORA, it will be executed within five working days from the day of receiving the request. Such a request should be delivered by mail or email at email@example.com
5. After deleting the account, it is not possible to restore it.
§ 6 User's registration.
1. In the case of filling out the form, the User will receive confirmation of registration to a specified email address.
2. By registering, a User agrees to the processing of personal data for marketing, statistical and information purposes.
3. By registering, a User states that they are familiar with these Regulations and agree to observe them as well as gave accurate and current data concerning their person and obliges them to update them promptly.
4. By registering, a User states that all materials posted by them on the website ATELIORA comply with the law and do not infringe on any third party rights.
5. By registering, a User is obliged to respect the copyrights and other industrial property rights, the privacy of others and to refrain from taking any action that could disrupt or disturb the proper functioning of the website ATELIORA.
§ 7 Account.
1. An account on the website ATELIORA may by an individual, family or a company account.
2. The maximum number of accounts available to one user is one for any given email address.
3. A company account User can be a businessperson who is a subject to all the rights and obligations under these Regulations and is entitled to assign certain rights to others in order to allow them to use the account as part of their job.
4. A family account User can be a certain person who is a subject of all rights and obligations under these Regulations and is entitled to assign certain rights to others unconditionally, provided the User's acceptance of certain permissions or the possibility to disable others from using of all or some of the permissions.
5. An account that has not been used for longer than 6 months since the last login can be deleted by the website ATELIORA, unless it is visited by other Users during that time.
6. An account that is not viewed by other Users for longer than 6 months since the last visit may be deleted by the website ATELIORA.
7. After deleting the account, it is not possible to restore it.
§ 8 Subscription.
1. The use of the website ATELIORA is free, except when clearly identified as paid.
2. A User of the website ATELIORA cannot be obliged to use a paid option without the User's consent.
3. The use of paid services does not terminate the User's obligation to comply with these Regulations.
4. The website ATELIORA will publish at http://www.ateliora.com/pl/cennik the price list for the use of the website, indicating the exact service provided and its cost both net and gross.
5. In case of a User choosing a subscription option, one is obliged to provide the data necessary to issue a sales document, which is a VAT invoice, by the website ATELIORA.
6. The website ATELIORA reserves the right to make any services provided by the website subscription ones. Users will be informed in advance.
§ 9 Credits/Points?
1. A User will have right to use the "Credits/Points" option from the moment of termination of the website ATELIORA operating in test version BETA.
§ 10 Pictures.
1. Placing pictures on an account, a User states that they own the rights to those pictures or that they depict them and they do not violate any rights of third parties.
2. In case of pictures representing more than one person, a User who places such a picture states that they have the consent of the people shown in the picture to be used on the website ATELIORA.
3. The website ATELIORA reserves the right to modify pictures so that they correspond to the technical capabilities of the website, in particular to reduce or compress them. In such cases, it may not be possible to recover the original picture settings.
4. In case of picture rejection by the website ATELIORA, a User may be informed about it on a provided email address or by posting a relevant notice on their profile (in notification system).
5. The website ATELIORA reserves the right to verify the authenticity of pictures at any time by sending a query to a User.
6. The website ATELIORA takes no responsibility for the fraudulent use of pictures posted on the website ATELIORA by any other person.
7. The website ATELIORA will make every effort to protect the pictures posted by a User from being downloaded by an unauthorized person, but does not take any responsibility if due to actions of such a person the pictures are able to be downloaded from the website.
§ 11 Teamwork.
1. The website ATELIORA provides a possibility to use a "Team work" option for the organizational units without legal personality, legal persons, other businesspersons and natural persons.
2. In case of choosing the "Team work" option, a User is obliged to appoint a person responsible on their part for the account, and promptly update the details of that person.
3. Within the "Team work” option a User has the right to place pictures which they own the copyright for.
4. The website ATELIORA takes no responsibility for a User’s actions using the "Team work" option, in particular to those related to the violation of the rights of third parties.
§ 12 Blocking and deleting of account or pictures.
1. The website ATELIORA reserves the right to block and delete an account in cases specified in these Regulations as well as in the cases listed below.
2. The website ATELIORA has the right to block an account in case of:
- violation of these Regulations;
- recognition of a User’s behaviour as unmannerly;
- recognition of a User’s actions as harmful to other Users or the website;
- exceeding the data transfer package available according to subscription - in this case the block lasts until the first day of the next month;
- noticing the accounts trade, except for a waiver to an account for a particular person with the website ATELIORA being informed about the event;
- placing in a sub domain renowned names, words deemed offensive, vulgar, incitement to violence or discrimination;
- placing in a sub domain renowned names, which are registered trade marks and do not belong to a User;
- missing a subscription payment for at least 1 month.
3. The website ATELIORA has the right to delete a User’s account if it is determined that the account has not been viewed by other Users for at least 6 months.
4. In case of blocking or deleting of an account by the website ATELIORA, its re-establishment requires the website’s prior consent.
5. The website ATELIORA has the right to delete pictures that were not viewed by other Users for at least 6 months, unless a current subscription or other service is operated by a User.
6. The website ATELIORA has the right to block pictures in case of:
- changing of the pictures’ status, in particular those ones only suitable for a certain age group - the block in this case consists in denying access to the pictures for underage Users;
- doubts concerning the pictures ownership
7. The website ATELIORA reserves the right to change a User's status, in particular in case of missing a subscription payment.
8. The website ATELIORA reserves the right to create sub domains base of reserved (words) including:
- words that cannot be used, in particular vulgar ones.
- the renowned names reserved to persons or entities who have rights to them;
- other names of a commercial nature.
§ 13 Services related to participation in the website:
1. A User has the right to use the following additional website ATELIORA options for:
- creating presentations and slide shows;
- keeping a blog or photoblog within the website ATELIORA;
- creating and presenting a portfolio.
2. The website ATELIORA reserves the right to conduct promotional campaigns and to offer to Users special terms and conditions of website participation.
3. Personal data protection:
§ 14 Administrator of personal data.
1. The administrator of the personal data provided by a User is FEISP s.c. based in Wrocław, ul. Francuska 46.
2. The personal data of the website ATELIORA Users are protected under the provisions of Polish law, in particular the Act from 18 July 2002 on online services (consolidated text Journal of Laws no. 144, pos. 1204 with further amendments) and the Act from August 29 1997 on the protection of personal data (Journal of Laws from 2002, no. 101, pos. 926 with further amendments).
§ 15 Processing of personal data.
1. The website ATELIORA User's personal data are processed on the basis of their consent expressed at the time of registering an account on the website ATELIORA.
2. The website ATELIORA User's personal data are processed solely in order to establish, shape the content, implementation, change or terminate the contract of services provided online.
3. With the User's consent, the website ATELIORA may process User's personal data more widely than indicated in paragraph 1.
§ 16 Law regulations
The website ATELIORA User declares that they are familiar with the provisions of the Act from 4 February 1994 on copyright and related rights (Journal of Laws no. 24, pos. 83 with further amendments), in particular concerning personal and property copyrights to a work, fair use, and reputation protection.
§ 17 Statement.
1. The website ATELIORA User states that while placing picture on the website they have the rights required by law to both the whole picture as well as its individual components and also it does not affect any rights of others.
2. The website ATELIORA User states that by placing a photo, image, data, texts on this website agrees to the use of them by other users under fair use as well as for promotion - marketing actions undertaken by the website.
3. The website ATELIORA User is entitled to use data, images, materials or texts which are work within the meaning of the Act from 4 February 1994 on the copyright and related rights (Journal of Laws 1994, no. 24, pos. 83, with further amendments) as well as the ones not having the characteristics of the work within the meaning of the aforementioned Act, posted on the website for one's own personal use. Using the mentioned data, materials or texts in another manner is permitted only with the consent of an authorized person, by law or by these Regulations.
4. A User who posts on the website ATELIORA a piece of content within the meaning of a work according to the Act referred to in paragraph 3, makes no claims against the website for free use (including the removal from the website) of such a content.
5. The website ATELIORA User states that placing any other pictures or materials on this website does not affect existing laws, in particular the copyrights defined in the Act from 4 February 1994 on the copyright and related rights (Journal of Laws 1994, no. 24, pos. 83 with further amendments).
§ 18 Administrator's activities.
1. The website ATELIORA Administrator reserves the right to interfere in pictures or texts posted on the website ATELIORA to make them fit the technical capabilities of the website.
2. To the degree indicated above, the Administrator commits himself to observe due diligence to prevent changes in quality of pictures or texts.
3. The website ATELIORA User will not claim against any results from an Administrator’s interference referred to in paragraphs 1 and 2.
§ 19 Complaint procedure.
1. All types of problems in the functioning of the website ATELIORA, in particular a lack of access to it as well as comments on its functioning may be reported only by using the form "Contact Us" located at the link http://www.ateliora.com/pl/contact-us on the home page.
2. The website ATELIORA reserves the right to leave claims unexamined that arise from the lack of knowledge on the Regulations or the law.
3. A complaint does not concern an account blocked by the website ATELIORA resulting from the exclusive fault of a User, in particular due to the lack of payment for a subscription for the period of the non-payment, even for timely subscription payment as well as in case of exceeding the data transfer package.
4. Claims submitted in the manner described above will be dealt with within 14 working days from the date of their submission.
5. The website ATELIORA reserves the possibility of interference in the User's account in order to remove distortion, defect, failure or problems in the functioning of an account or the website.
6. The website ATELIORA shall not consider complaints concerning services only provided through or by means of the website ATELIORA.
§ 20 The website ATELIORA statement:
1. The website ATELIORA undertakes to ensure the best care in the provision of services related to the use of the website.
2. The website ATELIORA does not take a responsibility for disruption to he website resulting from causes beyond its control, especially by force majeure, equipment failure and unauthorized interference of a User, even if it would lead to a loss of data stored on a User's account.
3. The website ATELIORA does not take a responsibility for temporary lack of access to User's account and other website functions linked with changes of the website, provided there has been prior notification to Users about the planned break and its expected duration.
§ 21 Exclusion to the website’s ATELIORA responsibilities
1. The website ATELIORA does not take a responsibility for the content and form of pictures, records, audio and video files and other information posted by Users on the website.
2. The website ATELIORA does not take responsibility for content of private information posted by Users. Whoever posts such information can be subjected to criminal and civil liability.
3. User takes full responsibility for their behaviour in violating the law or causing harm, and related even indirectly with using the website ATELIORA, especially for infringement of copyright, reputation protection rights, related rights, personal rights as well as misrepresentation or disclosure of any secret.
4. The website ATELIORA does not take responsibility for any failure or improper execution of any commitment undertaken even indirectly, in connection with the use of the website.
5. The website ATELIORA does not take responsibility for any damages resulting from failures, interruptions or errors in the functioning of the website.
6. The website ATELIORA does not take responsibility for any damages resulting from the operation of programs or files provided by the website.
7. The website ATELIORA does not take responsibility for modifications of pictures posted by Users associated with their resolution or quality of compression and resulting from tools used on the website. This concerns, in particular, such a modification, which does not allow the recovery of the original version of a picture.
8. The website ATELIORA does not take responsibility for modifications of pictures taken by Users, or those created with tools provided by the website. The provision of paragraph 7, sentence 2 shall apply respectively.
9. The website ATELIORA does not guarantee the proper operation of the website in whole or in part.
10. The website ATELIORA does not take a responsibility for a User's actions related to the use of the website in other languages other than the default one.
11. The website ATELIORA does not take responsibility for any damage caused during testing the website called BETA version.
§ 22 Activities of the website ATELIORA:
1. The website ATELIORA reserves the right to remove from the website any content:
a) of pornographic character, in any form prohibited by Polish law, in particular pornographic material involving minors, depicting violence or animal abuse;
b) containing any other content prohibited by generally applicable laws;
c) of offensive nature;
d) promoting other websites, in particular of a competitive nature;
e) containing profanities or phrases that may violate personal rights;
f) violating or harming the general rules of proper behaviour, including these related to use of the Internet;
g) which suggests a reasonable suspicion that it may be related with a crime;
h) which was stated by a final court verdict of being related with a crime or violating by its means, even indirectly, generally applicable laws.
2. The website ATELIORA shall provide information on the contents mentioned above at the request of relevant State authorities, in particular the ones established to prosecute crimes.
3. The website ATELIORA states that it shall observe due diligence in removing the contents referred to in paragraph 1 and yet is not responsible for their placement on the website, which will not be immediately disclosed and removed.
4. A User is obliged to inform the website ATELIORA about any Regulations violation, in particular about the placement on the website any content listed in paragraph 1.
7. Final provisions:
§ 23 The regulations' accessibility.
1. The website ATELIORA Regulations are available on the website http://www.ateliora.com/pl/regulamin
2. Any interpretation of the Regulations should be made based only on the text available online under the address specified in paragraph 1.
3. The basic and only source of rights and responsibilities concerning the website and its Users is the Regulations in the Polish language version. All foreign language versions are for informative purposes only.
§ 24 Changes to the regulations.
The website ATELIORA reserves the right to unilaterally change the Regulations at any time by indicating the last change at the beginning of the content of the Regulations posted on the website http://www.ateliora.com/pl/regulamin.
§ 25 Cancelling the contract
In case of the non-acceptance of any new provisions of the Regulations, a User has the right to refuse to accept them, which results in the cancellation of the contract between the website ATELIORA, and a User and subsequently in the deletion of a User’s account. Non-acceptance of new Regulations has to be communicated by a letter sent to the address of the website ATELIORA and is not a reason for any financial claims related with the website ATELIORA.
§ 26 Governing law.
1. The Regulations of the website ATELIORA were written based on the law in force in the territory of the Republic of Poland.
2. Any dispute arising between the website ATELIORA and a User will be arbitrated based on the Regulations, and in those cases not covered by this, Polish law will be applied.
§ 27 Regulations' validity.
1. The Regulations come into force on the day of its announcement on the website ATELIORA.
2. In case of change or cancellation of any provision of the Regulations as a result of a final court verdict, the remaining provisions of the Regulations are still in force.