PlaceKnow.com Terms and Conditions of Usage
(as of January 5th 2012)
I. DefinitionsThe Terms used within the terms and conditions have the following meaning and effect in law:
Owner of the PlatformCity Inspire Spólka Akcyjna ( City Inspire S.A.) with its headquarters in Plock, 09-407 Plock Otolinska 21/403, are entered into the National Court Register of the Registrar of Business Enterprises under the Number 0000394133, NIP [VAT no]: PL-774-320-97-64, REGON statistical identification no: 144683616
City Inspire S.A. Run and operate placeknow.com . The aim of PlaceKnow.com is for users to publish their photo's in a way that enables them to comment ,discuss and exchange thier experiences relating to the photos that users have published . Moreover by publishing photo's on the platform the Owner of the platform may provide access to other websites or other internet portals run by City Inspire S.A or its partners . The Perfomance of PlaceKnow.com and the functionality of the technology on PlaceKnow.com is dependant upon the connectivity of the user's connection to the internet .
Web BrowserThe User's web browser i.e. Safari, Opera, Firefox, Google Chrome or IE 7+ are subject to the usage terms and condition of the platform . Users who have succesfully gone through the registration process and proceded to have an account with the owner of the platform are subject to the usage terms and conditions of the platform .The terms and conditions of usage apply to users who visit the platform without registartion .
AccountThe account is run for the User by the PlaceKnow.com under a unique name (login) that is protected with a password selected by the user .The account constitutes data added onto the platform by the user onto PlaceKnow.com.
LoginThe login is a unique ID unit string used to identify the platform user and at the same time ascribing to the user rights and obligations relating to service usage . The user's email is usedas his or her login.
PasswordThe password is an indespensable and obfuscated string consisting of at least eight letters and digits making it possible for the user to get registered access to functions that are accredited to him/her within the platform.The user is responsible for the confidentiality of the password.
E-mail addressThe electronic mail address belongs to the platform user and is necessary to register the account and log into PlaceKnow.com .
Registrationregistration related to the procedure of opening an accout with PlaceKnow.com
Usage Terms and ConditionsThese Terms and Conditions relate to the usage of PlacekKow.com and constitute a complex set of rights and duties addressed to the User.
Using the PlatformUsing the platform means that the user has accepted expressely or tactically accepted the terms and conditions of PlaceKnow.com. User's who view PlaceKnow.com without prior registration are bound by PlaceKnow.com terms and conditions .
II. Preliminary provisionsUsage of PlaceKnow.com services is governed by the following terms and conditions contracted between placeknow.com and its users . The contract is regulated as envisaged by the usage terms and conditions .
The contract is legally binding and therefore before a user agrees to be bound by them it is advised that the user reads them thoroughly .
The user shall approve the terms and conditions befor ehe/she begins to use the platform . If the user does not approve the terms and conditions they shall not be able to use the platform .
The user shall not be able to use the platform unless they are more than thirteen years old .
The user shall not be able to use the platform if they are an indiviual who has recieved a legally binding order prohibiting them from using and entering the platform in accordance with the national laws of the country in which the individual resides in or from which the individual aqcuires access to placeknow.com from.
The conditions shall apply for all Platform Users, including the registered Users who enclose any type of content using placeknow.com. 'Content' includes texts (posts, comments, etc.), software, scripts, graphics, photos, sound, music, video recordings, audio-visual content, interactive and other material, that may be viewed, accessed or exchanged by the User via the Platform.
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 resource of the Platform made available to the User is only for his/her personal use but not for commercial use. Any commercial usage of PlaceKnow.com, without first receiving the Platform Owner's approval, is strictly forbidden.
Access to and usage of some respective services may oblige the User to introduce additional terms and conditions that may not have been included in this contract.
The Platform Owner, via the PlaceKnow.com portal, is available to Users to have access to a platform that publish's photos in a way that enables users to view the whole world. Users shall be able to link and locate the content presented in the photos with spots on the map.
Users', add comments to them, discuss and appraise the photos published and places that the photos include.
The Platform Owner reserves the right to collect fees in any way on 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).
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.
The User needs to meet certain technical requirements to use the Platform; the technical requirements are as follows: .
(I)Access to the Platform takes places through display of the PlaceKnow.com Platform on the User's device.
(II)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 ServicesThe User may decide to use other services related to the Platform.
The type 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 from 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. Conditions of RegistrationAny natural person who is more than 13 years old, legal entities or unincorporated organizations, may acquire rights and assume obligations on their own behalf on PlaceKnow.com.
In order to get registered, the User shall fill in the registration form and specify: his/her given name , surname, address or headquarters, country of origin and region (province), telephone number, e-mail address that is to be used to log-in on the Platform and a password.
The User shall inform the Platform Owner as soon as he/she notices any infringement of safety or in cases when his/her account has been subject to unauthorized access. The User is responsible for any action that take place within his/her account at placeknow.com and is directed at third parties and the Platform Owner.
The User shall accept Terms and Conditions of usage relating to the Platform during the registration . Unless he/she accepts them, registration is incomplete .
The User shall be deemed to have accpeted the Terms and Conditions of the platform by using the Platform without bieng registered.
The User acknowledges and accepts that as soon as he/she uses the Platform this shall be deemed to be acquisence to PlaceKnow's terms and conditions of usage .
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.
The User should print out or retain a copy of the Usage Terms and Conditions.
When having filled in the registration form, a message shall be sent to the e-mail address and it shall indicating acceptance of registration. As soon as registration is accepted, the contract is concluded and effective between the registered subject and the Platform Owner.
This contract is based on provisions specified in the Terms and Conditions. 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 at placeknow.com.
The account has the User's data quoted by him in the registration form.
In case of later amendment to any part of the data, the User should immediately up-date it, using the appropriate form available at PlaceKnow.com.
The User shall not remove data when using services or providing incomplete or false data.
A User may have more than one Account; however he/she 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.
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.
The User should keep his/her Account password secret . 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.
The Platform Owner reserves himself the 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 somehow 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 PlaceKnow.com servicesAll 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, and 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.
The Platform Owner provides the User with limited licence for displaying the Platform (excluding the software code) only for personal use and related services .
The User may not pass over content which he is unauthorised to pass in an explicit and doubtful manner.
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.
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 holder of any contents or opinions, recommendation or advice expressed there; he also explicitly rejects any liability related to the contents.
Using the Platform, the User who publishes the contents holds and shall hold 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.
The User, using the Platform and inserting any contents, shall abide by both civil and criminal regulation.
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.
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 thier licence to use them.
VII. Contents usage licence(1.)When inserting, publishing or sending contents on Placeknow.com.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 and related works. The Platform owner may stage or perform works in relation to the services rendered and run in the pursuance of the buisness activity of 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.) 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.
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 are unlimited in terms of time and irrevocable.
The Platform Owner may enter into cooperation with any User it sees fit. This relationship shall be governed by seperate provisions ; this cooperation shall focus on the use and application of contents belonging to the above said User.
VIII. Copyright ProtectionIt is prohibited to send, locate, transfer or enable any materials that may infringe the copyright, patents, trademarks, trade secrets or any other property rights of any person or an entity. Users, who discover that any photos, films or any other contents published in the Platform or via the Platform have been copied or infringe his or any third party's copyright is committed to immediately inform the Platform Owner of such an infringement ; the following data should be included in his notification:
determination of infringed copyrights,
indicate where and what materials have had their copyright infringed including URL address,
provide information that enable'sus to contact you . Your user name , address, e-mail, and telephone number
A declaration stating that the above said application is entered in good faith
A declaration the data provided by the User is 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.
It must be noted that all declarationa are subject to perjury proceedings being undertaken if found to be false
Please send the information on infringement of intellectual property to the following e-mail addresses: firstname.lastname@example.org
IX. Using PlaceKnow.comThe Platform Owner allows the User to use the Platform with the restrictions to usage stipulated in Terms and Conditions; the User acknowledges that his/her breach of any of these conditions shall result in consequences stipulated in theTerms and Conditions.
Using the Platform shall be aimed only for non-commercial private purposes i.e. not for purposes related to any business or gainful activity.
The Platform may not be used for commercial purposes unless the User receives 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 an account or access will be denied to the account if the user is non-registered .
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.
The User may not interfere with integrity of the Platform, e.g. by breaking or omitting protection devices and unauthorized modification to the source code.
The User is obliged to use the Platform in a manner and in a form that it is made available by the Platform Owner.
The User commits himself/herself not to use the Services for commercial purposes without prior written consent of the Platform Owner, the term of use and conditions related to use will be provided in a separate agreement.
prohibited usage for commercial purposes does not include the following;
The User commits not to collect any private data on the Platform Users or the Service.
The User commits not to use the Platform for acquiring commissions in trade turnover or for business purposes.
The User commits not to acquire for commercial purposes the Platform Users in relation to contents published by these Platform Users.
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 content inserted by him 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.
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.
Prohibited content includes information, materials, products or services originating from Users which may become fully or partly regarded as unauthorized, unacceptable or 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.
The following action shall be 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,
insertinig content of nudity, violence or links to adult websites,
inserting content that incite people to share personal data,
revealing in public data that enables the 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 unauthorised content on User's profile 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.
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.
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.
PlaceKow.com reserves itself the right, but without being obliged to, to get involved in any disputes arising among Users.
X. Resigning from PlaceKnow.comThe User may resign from using the Platform at any time with immediate effect through notifying the Platform Owner of that they are terminating their contract or through termination of the User's account.
The Platform Owner may block the User's access to the Platform or terminate the contract through removing the User's Account in the circumstances detailed above.
The User infringes the Usage Terms and Conditions, undertakes some actions that threaten safety of the Platform, acts against the law or good practice, 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.
The Platform Owner shall resign from rendering Services for the benefit of residents of a particular country if the use of its services cease to become cost effective.
XI. Guarantee in terms of data protection and data confidentialityThe Platform Owner does not allow third parties to view a User's data.The Platform owner will from time to time access data gathered on the platform to ensure for activities that it sees fit to improve service delivery
The Platform Owner is not responsible for any infringement of personal data due to reasons attributable to the User.
Personal data processing takes place on the basis of User's consent that is provided during Registration process by the User.
It is for the User to provide data. The User is entitled to constant access to the content of his/her data and is able to modify it at any time.
Data made accessible by the User may be used for accountancy purposes, for getting in touch with the User for purposes within the Platform framework, and, for other activities related to the 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 and complies 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.
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.
The Platform Owner guarantees the Users ability of viewing and modifying their personal data; moreover, he also enables them to remove their personal data on termination of their contract.
The Platform Owner allows for 'cookies' to be used for adjusting services and contents to the individual needs of Users, and, for generating general statistics determining data on the Users' operations within the Platform.
When a user decides not to allow 'cookies' in the internet browser this may in some circumstances make it difficult to use PlaceKnow.com.
The Platform Owner will take any measures at its disposal 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.
Measures taken by the Platform Owner shall not be used to free the User from their obligation to periodically backup copies of the data introduced to the Platform.
XII. Platform owner's obligations and liabilityThe Platform Owner will take all the necessary measures to fulfil its technical and legal obligations. However, it is not liable for any damage arising from the improper functioningof the platform.
The Platform Owner will provide permanent access to free technical support in connection with the functioning of the Platform functioning at the email address: email@example.com
A detailed description of the problembieng suffered by the User is having whilst using the Platform should be included in the correspondance.
All applications for technical support will be considered immediately after obtaining the User's correspondance.
The Platform Owner is not liable for any damage arising from the improper working of the User's hardware and software.
The Platform Owner is not liable for any damage resulting improper use of the Platform.
The Platform Owner is not liable for any financial loss resulting from the use of this platform
The Platform Owner is not liable for any damage caused by making your Password or the Login available to a third party by the customer.
The Platform Owner does not assure access to PlaceKnow.com at each moment.
The Platform Owner is not liable for advertisements placed by companies who use its services.
The Platform Owner is not liable for any technical problems or failures of computer systems, servers or Internet Service Provider devices, hardware, software or failures due to technical problems or internet traffic, negligence, technical breaks, wire damage, delays in operation or transmission, failures of communication lines, 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 use of the platform.
PlaceKnow.com is not able to assure and does not promise any particular results arising from taking advantage of its Services.
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.
The User acknowledges that he/she bears 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. Modification of Terms and Conditions.The Platform Owner reserves itself the right to change Terms and Conditions of use in line with amendments in provisions of law or to change functionalities offered in the Platform.
The change of the Terms and Conditions will become 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.
The User is required to accept amended Terms and Conditions. Failure to accept the amended Terms and Conditions will have the effect of resigning from further use of the Platform and the termination of the Agreement with immediate effect.
When logging into PlaceKnow.com, the Platform Owner will advise the user of its intention to amend the Terms and Conditions.
XIV. Governing Law of ContractThe Terms and Conditions of use will regulate the entire relationship between the User and the Platform Owner and refer to the rules of the Service 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.
This agreement does not refer to the situation when the parties provided contrary terms and conditions for Platform use in separate agreements or regulations.
The User acknowledges that failure to perform or of failure to enforce legal remedies provided in the Terms and Conditions by the Platform Owner shall not constitute formal waiver of such vested rights and such rights and legal remedies shall remain available for the Platform Owner. This includes rights vested to the Platform Owner pursuant to the governing law of a particular territory .
Polish Law is the governing law of this contract and all rights and obligations and remedies arising from the terms and conditions outlined above shall be effected in Polish Law .
All disputes connected with the services provided by the Platform Owner within PlaceKnow.com shall be decided in a competent court.
If any of the provisions included in these Terms and Conditions be determined as invalid, unlawful or unfeasible by a court with relevant jurisdiction all other provisions will remain in force.