Placeknow.com Platform Usage Terms and Conditions (as of January 5th 2012)

I. Definitions
Terms used in "Terms and Conditions" are of the following meaning:
Owner of the Website
City Inspire Spólka Akcyjna with its headquarters in Plock, 09-410 Plock Orzechowa 59, enter into the National Court Register: Register of Business Enterprises under the National Court Register Number of 0000394133, NIP [VAT no]: . . REGON statistical identification no: 144683616 (abbreviated name: City Inspire S.A.)

The Platform
run by City Inspire S.A. social network under the name of placeknow.com that is aimed at portal's Users to: publish photos in a way that shall enable them - in terms of geography - to link the content presented in the photos with spots on the map, add comments to the inserted photos, discuss or exchange their experience relating to travelling to places presented in the published pictures. Moreover, the Owner may also, within the framework of the Platform, provide access to other websites or other internet portals run by City Inspire S.A. or its partners. Access to the Platform is guaranteed from the level of the internet browser installed at any device of the User.

Web Browser
software i.e. Safari, Opera, Firefox, Google Chrome or IE 7+ that enables Internet access installed at the User's device. The User
a subject that fulfils Usage Terms and Conditions of the Platform, and has gone successfully through the Registration procedure in result of which his Account was created, and due to the fact he was granted, as the member, access to services rendered by the Platform Owner within the framework of placeknow.com acc. to rules specified in the Usage Terms and Conditions. Usage Terms and Conditions of the Platform apply for Users visiting the Platform without registration.

Account
an account run for the User by the Platform Owner under a unique name (login) that is protected with a selected-by-the User password; the account constitutes a collection of resources that entails the gathered by the User data and information of the User's operations placed at the placeknow.com

Login
a unique ID unit string for identification of the Platform user, and at the same time for the purpose of ascribing to the Platform User rights and obligations relating to Service usage. The User's e-mail comes as his/her log-in.

Password
obfuscated string consisting of at least eight letters and digits making it possible for the User to get registered access to functions that were accredited to him/her within the Platform - indispensable to get access to the Service. The User is responsible for confidentiality of the password.

E-mail address
Electronic mail address belonging to the Platform User. E-mail address is necessary to register the Account and get logged-in.

Registration
procedure of establishing the account.

Usage Terms and Conditions
These Terms and Conditions relating to usage of placeknow.com Platform constitute a complex set of rights and duties addressed to the User.

Using the Platform
access to the Platform in any possible form, especially viewing the Platform pages without prior registration or being the Platform Member who has registered first. Using the Platform means that the User has accepted expressly or tacitly these Usage Terms and Conditions of the Platform.

II. Preliminary provisions Using the placeknow.com services rendered to the User by the Platform Owner is subject to terms and conditions of a contract concluded between the User and the Platform Owner included in the following Usage Terms and Conditions

1. Contract between User by the Platform Owner is regulated in the manner and according to regulations envisaged by the Usage Terms and Conditions.
2. The conditions constitute a legally binding contract between the User and the Platform Owner relating to of the Platform usage by the User. The User, before he/she starts and uses the Platform, should get acquainted carefully with the Usage Terms and Conditions.
3. The User should approve of the Usage Terms and Conditions before he/she starts and uses the Platform. If he/she does not approve of the Usage Terms and Conditions before he/she that a/m state, it shall be impossible for him/her to use the Platform. The User may not use the Platform unless he/she is more than 13 years old or he/she is a person who received a legally binding order of prohibition on entering and using the Platform compliant with the national laws of the country in which the a/m person resides for permanent time or from which he/she gets access to the Platform or uses it.
4. The conditions shall apply for all Platform Users, including the registered Users who enclose any type of Contents using the placeknow.com. Platform. 'Contents' includes texts (posts, comments, etc.), software, scripts, graphics, photos, sound, music, video recordings, audio-visual content, interactive and other material, that may be viewed, got access to or get exchanged by the User via the Platform.
5. Using the Platform data or information available via the Platform implies that the User does accept the Usage Terms and Conditions and commits to act according to them. Any resources of the Platform are made available to the User only for his/her personal but not commercial usage. Any commercial usage of placeknow.com, without first receiving the Platform Owner's approval, is strictly forbidden.
6. Access to and usage of some respective services may oblige the User to approve of some additional terms and conditions that have not been included in this contract.

III. Services

1. The Platform Owner, via the placeknow.com portal, makes it available for the Users to have access to a platform that serves the purpose of publishing photos in a method which, in a way, shall enable to, in terms of geography: link and locate the content presented in the photos with spots on the map Users', add comments to them, discuss (including appraisal) the photos published and places that the photos include. The Platform Owner reserves himself the right to collect fees in any part of the Platform, and, to change the fees at his discretion. If the profile of the User is removed by the Platform Owner (e.g. due to infringement of the contract's provisions by the user), the Platform shall not be obliged to return the unused part of the payment or the total of it (in case they exist).
2. Registration at the Platform as well as using the Platform without prior registration by Users visiting the Platform is tantamount to their having entered into the contract on terms and conditions/rules indicated in the Usage Terms and Conditions.
3. The User needs to meet certain technical requirements to use the Platform; the technical requirements are as follows: .
4. Access to the Platform takes places through display of the placeknow.com Platform at the User's device. The User gets full access to free services of the Platform as soon as his account is registered. Activation of any paid services shall take place as soon as payment of the regular fee or any other fee calculated in compliance with a separate Regulations has been credited to the Platform Owner's account.

IV. Other Services The Users may choose out of other services related to the Platform. Types and scope of these services are determined in separate regulations or in amendments to this Usage Terms and Conditions. For the purposes of fulfilling the above mentioned, Users' rights and obligations may be different than the ones specified in the Usage Terms and Conditions. Users' access to such services is possible through the User's approval of respective regulations. V. Platform membership conditions, Registration

1. Any natural person who is more than 13 years old, any legal entities or unincorporated organization, but the ones that may acquire rights and assume obligations on their own behalf.
2. In order to get registered, the User should fill in the registration form and specify: his/her given name and surname, name, address and residence address or headquarters, country of origin and region (province), number of contact phone, e-mail address that is to be used to log-in in the Platform, and, the last but not least - a password.
3. When setting up an account, the User shall give detailed and full data. The User shall safeguard access password to the Platform and protect its confidentiality.
4. The User is committed to inform the Platform Owner as soon as he/she notices any infringement of safety or in cases when his/her account has been used by any unauthorized people. The User is responsible for any actions that take place within his/her account at placeknow.com and are directed at third parties and the Platform Owner.
5. The User should accept Usage Terms and Conditions relating to the Platform during the registration procedure. Unless he/she accepts them, the registration shall not be finished.
6. The User may accept the Terms and Conditions by starting and using the Platform without getting registered. The User acknowledges and accepts that as soon as he/she uses the Platform, he/she shall understand that it is unequivocal to accept the Terms and Conditions.
7. The User may not use the Platform services and register his/her account if (a) he/she is not more than the age which enables him/her to enter into the legally binding contract or (b) is a person towards whom a binding Prohibition Order requiring him/her not to use the Platform was issued.
8. The User should print out or retain the binding copy of the Usage Terms and Conditions.
9. When having filled in the registration form, a message shall be sent to the quoted in the form e-mail address and it shall indicate the registration acceptance. As soon as the Registration is accepted, the contract is concluded and effective between the registered subject and the Platform Owner, and this contract is based on provisions specified in Usage Terms and Conditions.
10. In result of correct registration, the Platform Owner creates for the User an Account that is ascribed to the log-in given in the registration form. The User receives access to the Account when he provides his log-in and password (logging in process) at placeknow.com.
11. The account has the User's data quoted by him in the registration form. In case of any later amendment to any part of the data, the User should immediately up-date it, using the appropriate form available at placeknow.com. Platform. The User is not allowed to remove data when taking advantage of services or providing incomplete or false data.
12. The User may have more than one Account; however he may not use them to infringe Usage Terms and Conditions. First of all, the following activities are regarded as not allowed: a. Re-registration in order to avoid paying fees or commissions due for activities within placeknow.com so far, b. Using the Account for any purposes to act against the law and good practice.
13. The User may not use Accounts of other Users and should not make his account available to third parties. The Platform Owner is not responsible for any damage that arises due to infringement of the above mentioned rules of this Platform usage.
14. The User should keep his/her Account password in secrecy. The User may not dispose of the Account for the benefit of any third person neither for money nor for free nor in any other form.
15. The Platform Owner reserves himself right to block the Account for some time or to block access to some respective services rendered via placeknow.com if he decides that safety of the Account or the Platform is anyhow threatened. The Platform Owner may base the User's usage of the Account on his changing the Account access password. Having changed the password, the User shall immediately regain access to his/her Account.

VI. Using the platform services

1. All the content that belongs to or is licensed for the benefit of the Platform Owner and is included in placeknow.com is legally protected and holds copyright, protective rights for trademarks and other intellectual property rights of the Platform Owner and his licence providers. Any trademarks or service marks belonging to third parties that are present in the Platform and have not been inserted or published in any other method by the User are trademarks or service marks of respective people authorized for these marks. Such content cannot be downloaded, copied, duplicated, spread, transferred, broadcast, displayed, sold, cannot be licensed or exploited in any other method for any needs unless the Platform Owner's or his licensors' prior written consent is provided. The Platform Owner and his licensors retain all rights related to usage of the above mentioned content and Services.
2. The Platform Owner provides the User with limited licence for displaying the Platform (excluding the software code) only for personal usage of web sites viewing and using the Services.
3. The User may pass over content which he is authorised to pass in an explicit and undoubtful manner.
4. The User retains all property rights for any Contents that belong to him, and, at the same time he grants limited licence power to The Platform Owner and other Users
5. The User acknowledges and accepts to be fully and solely responsible for his/her actions taken within the Platform, which includes the contents and any consequences of their having been inserted or published. The Platform Owner shall not be the bidder of any contents or opinions, recommendation or advice expressed there; he also explicitly rejects any liability related to the contents.
6. Using the Platform, the User who publishes the contents holds of and shall hold of all necessary licences, rights, permissions and consents required for using the Platform content for the purpose of Service rendering, and required to use the Platform contents in a manner specified for the Services and specified in this Conditions.
7. The User, using the Platform and inserting any contents, shall abide by law and good practice.
8. The User is not authorised to insert or send any content that is illegal in the country of his citizenship or within the area of which he stays; also, he shall not insert or send any content that is prohibited to be used or possessed by the Platform Owner and by regulations of the country on the territory of which the headquarters is located.
9. The User's contents do not infringe and may not infringe third parties' property and non-property rights (including privacy protection right and rights for using the image), save in so far as the User possesses an official licence or a legitimate owner's consent or authorisation due to any other title, that enables him to publish the Contents of third parties and to provide the Portal Owner and other Users licence to use them.

VII. Contents usage licence

1. When inserting, publishing or sending contents within the Platform in any other way, the User grants the Platform Owner a non-territorially limited, non-exclusive, free, transferable licence (including the sublicense right) for using the contents, duplicating the contents, spreading the contents, working-out some related works on their basis, staging or performing in relations to the Services rendering and running business activity by the Platform Owner, including: promotional activities and spreading Services in total or partly (including their related works) irrespective of media device format and method in which the material is transferred;
2. Moreover, the User provides each User of the Platform with a non-territorially limited, non-exclusive, free licence for using the contents through the Platform, for duplicating the contents, spreading it, working-out some related works on their basis, staging or performing in the scope of functions offered by the Platform that are determined in the Usage Terms and Conditions and in other documents that regulate operation of the Platform.
3. Licences mentioned in pts. 1 and 2 expire as soon as the User removes, deletes them from the Platform or cancels his/her account in any other manner. The above licences granted by the User in relation to text comments announced as contents are unlimited in terms of time and irrevocable; still, in other terms they remain insignificant for the User's property rights.
4. The Platform Owner may enter into cooperation with any Users chosen by him on the basis of a separate agreement provisions; this cooperation shall focus on application of contents belonging to the a/m Users.

VIII. Protection of copyrights

1. It is prohibited to send, locate, transfer or enable in any other method any materials that may anyhow infringe the copyright, patents, trademarks, trade secrets or any other property rights of any person or an entity.
2. the User, who realizes that any photos, films or any other contents published in the Platform or via the Platform have been copied or anyhow infringe his or any third party's copyright is committed to immediately inform the Platform Owner that such an infringement has taken place; the following data should be included in his notification:
   • determination of infringed copyrights,
   • determination or indication of what materials infringed the copyrights - through adding information that shall enable to find such material (URL address),
   • providing information that shall enable the User's contact, such as address, e-mail, telephone number,
   • declaration of acting in good faith as for circumstances of the application,
   • possible declaration, made under the penalty of perjury, that the data provided by the User are true and that he/she is the copyright owner or he/she is authorized to act on behalf of the copyright owner,
   • signature or an electronic signature.
3. Please send the information on infringement of intellectual property to the following e-mail addresses: .

IX. Limitation of usage

1. The Platform Owner allows The User to use the Platform with restriction to limitation stipulated in Usage Terms and Conditions; the User acknowledges that his/her breach of any of these conditions shall result in consequences stipulated in this Usage Terms and Conditions.
2. Using the Platform shall be aimed only for non-commercial private purposes i.e. not for purposes related to any business or gainful activity.
3. The Platform may not be used for commercial purposes unless the User receives a prior consent to this from the Platform Owner. The Platform Owner reserves himself the right to remove any commercial content at his sole discretion. Any illegal and / or unauthorized Platform usage, including: illegal operations such as gathering information on Users for the purpose of sending them unwanted advertising e-mails is prohibited. Any commercial advertisements, partner links and other forms of non-authorised data collection or any forms of gathering data may result in cancellation of the account or access denial to the account to non-registered Users.
4. The User may not distribute any part of the Platform, including any Contents to be distributed on any media device, without prior agreement of the Platform Owner which is to be provided in writing, unless the Platform Owner provides means for such a distribution to be accomplished via functions of the Platform;
5. The User may not interfere with integrity of the Platform, e.g. by breaking or omitting protection devices, unauthorized modification to the source code, etc.
6. The User is obliged to use the Platform in a manner and in form that is made available by the Platform Owner
7. The User commits himself/herself not to use the Services for commercial purposes without prior written consent of the Platform Owner, which was provided in a separate agreement.
8. 11. The prohibited usage for commercial purposes does not include ...
9. The User commits himself/herself not to collect any private data on the Platform Users or the Services.
10. The User commits himself/herself not to use the Platform for acquiring commissions in trade turnover or for business purposes.
11. The User commits himself/herself not to acquire for commercial purposes the Platform Users in relation to contents published by these Platform Users.
12. The User is obliged to insert his content in a sensible manner i.e. such manner that does not infringe the law or good practice; the inserted by him content shall be published or sent through or in relations to Platform Services and delivered to other Users. Transfer of content that is prohibited, inappropriate in any form may result in contract termination and information being passed to appropriate authorities.
13. The User acknowledges that when using the Platform he/she may be contents that are inaccurate, offensive, undecent or regarded by the User to be unacceptable due to some other reasons. The User waives all rights and legal resources he is authorized to against the Platform Owner on the basis of legal regulations and equity principles towards any contents that may impose the User to any financial loss or moral harm.
14. Prohibited content including information, materials, products or services originating from Users may become fully or partly regarded as unauthorized, unaccepted or anyhow else infringing the merits of this Contract by the Platform Owner. The Platform Owner may reject, deny publication or remove any contents due to any reason (or without any reason), at his own discretion without any need of notifying the User at first. The Platform Owner shall not be liable for inserting such content and for monitoring the Platform in terms of inserting inappropriate content or any other action against the law. It is the User to hold the sole liability for sending any content, materials or information through the Platform; he/she is also responsible for any relevant matters related to such sending.
15. The following action shall be, first of all, prohibited:
    • inserting content that in explicit manner insults entities, people or any groups or being insulting in any other manner, i.e.: promoting racism, fanaticism, hatred or any other harmful operations against any entities, people or any groups,
    • abusing people in any way,
    • abusing people sexually or using violence against them via inserting unacceptable content, photos,
    • inserting content of nudity, violence or links to adult websites,
    • inserting content that incite people to share personal data,
    • revealing in public data that enable identification of people, which infringes their privacy and causing danger to their safety,
    • inserting content that is false or spreading false information, or misinforming the public,
    • inserting content that promotes illegal action or behaviour (insulting, threatening, indecent, or defaming),
    • inserting content that is illegal or promotes illegal or unauthorised copies of another person's output protected with copyright,
    • action related to passing the 'junk emails', 'chains' or any unwanted bulk correspondence, communicators, spamming,
    • inserting content that include passwords to any other web sites,
    • inserting any hidden web sites or pictures,
    • inserting content that favours or promotes illegal actions or providing instructions for any illegal actions,
    • inserting content that persuades into or aims at receiving a password or any personal identification data for commercial or illegal purposes,
    • inserting content that relates to commercial activity and/or sales without prior written consent of provided by placeknow.com - such as competitions, lotteries, barter, advertising, etc.,
    • inserting content that includes pictures or video authorized by any other person, or, inserting such content without the author's permission,
    • inserting content that breaches privacy right, advertisement right, copyright, trademark right, contractual rights or any other rights of third parties or is a trial of such a breach.
16. The User should immediately get in touch with the Platform Owner when he/she notices any fraud, e.g. Abuse of Usage Terms and Conditions, inserting content which is insulting, against the law or abusive towards a person or an entity or which results in damage to or threat to safety of people or entities.
17. The User holds sole responsibility for his/her relations with other Platform Users, independent programmers or other entities that he/she may get involved with via services of the Platform. placeknow.com reserves itself the right, but without being obliged to, to get involved to any disputes arising among Users.

X. Cease to the platform usage

1. The User may resign of using the Platform at any time (termination of the contract) with immediate effect through notifying the Platform Owner of terminating the contract or through liquidating the User's Account.
2. The Platform Owner may block the User's access to the Platform or terminate the contract through removing the User's Account owing to some important causes, especially when: the User infringes the Usage Terms and Conditions, undertakes some actions that threaten safety of the Platform, acts against the law or good practice, anyhow acts to the detriment of the Platform Owner, has provided false or incomplete data, uses the Platform for purposes that are not compliant with its intended use and/or not compliant with the law, including provision of illegal content, provision of Services for the benefit of the User is or shall become illegal; the Platform Owner shall resign of: rendering Services for the benefit of residents of the User's country or any country from which the User uses the Services, rendering services for the benefit of the Users has become non-cost-effective as far as commercial perspective is concerned.

XI. Guarantee in terms of data protection and data confidentiality

1. The Platform Owner protects Users' personal data against any access of third parties, as well as against their being processed against binding legal regulations. The Platform Owner overlooks the process of data processing to be right. The Platform Owner is not responsible for any infringement of personal data due to reasons attributable to the User.
2. Personal data processing takes place on the basis of User's consent that is provided during Registration process by the User.
3. It is voluntary for of the User to provide and made accessible any data. The User holds constant access to the content of his/her data and is able to modify them at any time.
4. Data made accessible by the User are used for accountancy purposes, for get-in-touch-with-the-User purposes within the Platform framework, and, for other activities related to execution of this contract of services. The a/m data are also used for checking whether the person who goes through the registration process meets conditions of the Usage Terms and Conditions, and, legal regulations. Personal data of the Users are also used for sending information about the Platform Owner and any entities related to the Platform Owner in terms of capital, and about services rendered by the above mentioned.
5. The Users' data shall be made available for any entities authorized to receive them on the basis of binding legal regulations, including respective bodies of justice - on the basis of applicable orders. Users' personal data may be passed over to some third parties in cases indicated by the Platform Owner and with consent of the User.
6. The Platform Owner guarantees the Users ability of viewing and modifying their personal data; moreover, he also enables them to remove their personal data in case of terminating the contract.
7. The Platform Owner allows for 'cookies' to be used for adjusting services and contents to individual needs of the Users, and, for generating general statistics determining data on the Users' operations within the Platform. When switching off the option of recording 'cookies' in the internet browser does not make it impossible to use placeknow.com, however, it may quite well cause some difficulties.
8. The Platform Owner takes any measures indispensable to protect User's data, and any other data introduced to the Platform by the User. The Platform Owner guarantees not to share data introduced to the Platform by the User with any third parties. The Platform Owner is not responsible for the content of data introduced by the User. Data introduced into the Platform in a right manner, compliant with contemporary technology standards shall be protected so as to protect them against total or partly loss or distortion.
9. Measures taken by the Platform Owner does not free the User from the obligation of making a periodic backup copies of the data introduced to the Platform.

XII. Platform owner's obligations and liability

1. The Platform Owner takes all actions to provide proper Platform technical, formal and legal functioning. However, it is not liable for any damage arising from its improper functioning.
2. The Platform Owner provides the permanent access to the free technical support connected with the Platform functioning at the email address: ... The detailed description of the problem the User had while using the Platform should be included in the application. All applications for technical support shall be considered immediately after obtaining the User's application.
3. The Platform Owner is not liable for any damage arising from the improper working of the User's hardware and software.
4. The Platform Owner is not liable for any damage resulting from the use, the failure to use or improper Platform operation or improper Platform application by the User.
5. The Platform Owner is not liable for losses of financial nature as well as for any effects of taking advantage of the contents obtained with the use of the Platform.
6. The Platform Owner is not liable for damage caused by making the Password or the Login available to the third party by the customer.
7. The Platform Owner does not assure the access to placeknow.com at each moment.
8. The Platform Owner is not liable for placing advertisements by companies with the use of its services.
9. The Platform Owner is not liable for any technical problems or failures of among others lines, online computer systems, servers or suppliers, hardware, software, failures due to technical problems or internet traffic, negligence, technical breaks, wire damage, delays in operation or transmission, failures of communication line, thefts, damage, unauthorized access to the Platform or other changes in the Platform which are independent of the Platform. The Platform Owner is not liable for any losses or injuries to an individual, bodily harm or death arising from the Platform use. placeknow.com is not able to assure and does not promise any particular results arising from taking advantage of its Services.
10. The Platform Owner is not liable, in any case, to the Users or the third party for any direct or indirect pecuniary losses or personal injuries caused intentionally or unintentionally and arising from the Platform use even if it was informed that such damage may occur.
11. The User acknowledges that it bears the exclusive liability for any infringement of obligations arising from the Terms and Conditions and for the results of such an infringement and that the Owner is not liable to the Owner and to the third party for the aforementioned matters.

XIII. Change of terms and conditions

1. The Platform Owner reserves itself the right to change Use Terms and Conditions e.g. in order to consider the amendments in the provisions of law or regulations or the changes of functionalities offered in the Platform.
2. The change of the Terms and Conditions becomes effective in the term specified by the Platform Owner, which cannot be shorter than 7 days from the date of making the amended Terms and Conditions available at placeknow.com.
3. The User is required to accept amended Terms and Conditions. The failure to accept the amended Terms and Conditions is understood as the resignation from further Platform use and the termination of the Agreement with immediate effect.
4. At first logging into placeknow.com, counted from the moment when the Platform Owner intends to amend the Terms and Conditions, the User shall be notified about such amendments and about the possibility to accept them.

XIV. Legal note, governing law and disputes

1. The Use Terms and Conditions regulate the entire agreement between the User and the Platform Owner and refer to the rules of the Services used by the User, replacing all earlier agreements and oral arrangements between the parties in the scope of Services in full. All other terms and conditions of providing services which are not provided in these Terms and Conditions are expressly excluded. It does not refer to the situation when the parties provided contrary terms and conditions of the Platform use in separate agreements or regulations.
2. The User acknowledges that the failure to perform or non-enforcement of the right or legal remedies provided in the Terms and Conditions (or vesting the Platform Owner pursuant to the territory governing law) by the Platform Owner shall not constitute formal waiver from such vesting rights and such rights and legal remedies shall remain available for the Platform Owner.
3. Polish law is the governing law of the rights and duties arising from the use of the Platform placeknow.com by the User at the rules specified in the Use Terms and Conditions. All disputes connected with the services provided by the Platform Owner within placeknow.com shall be decided in the ordinary courts competent due to the Platform Owner's registered office.
4. hould any of the provisions included in these Terms and Conditions be determined as invalid, unlawful or unfeasible with the valid court decision, other provisions remain in force.