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Terms and Conditions (Ethy Maps)

Terms and conditions of services provided by electronic means regarding EthyMaps

Effective as of: August 31, 2020 (archive versions)

  1. GENERAL PROVISIONS
    1. These terms and conditions of services provided by electronic means specify in particular:
      1. types of services provided by electronic means by the Service Provider;
      2. conditions for the provision of services by electronic means including:
        1. technical requirements necessary to cooperate with the ICT system used by the Service Provider while providing Services;
        2. restrictions regarding the content provided by the Users, in particular the prohibition to provide illegal content;
      3. conditions for the conclusion and termination of agreements for the provision of services by electronic means;
      4. complaint procedure.
    2. In matters not covered by these Terms and Conditions, to the services provided by electronic means by the Service Provider, the provisions of applicable Polish law, in particular the Civil Code, the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2013 , item 1422), the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), the Act of 29 August 1997 on the protection of personal data (Journal of Laws of 2015, item 2135, as amended) shall apply.
  2. DEFINITIONS
    1. The capital expressions used in this Terms and Conditions shall have the following meaning:
      1. App – means a mobile application under the name of EthyMaps owned by the Service Provider, installed on the mobile device of the User (mobile phone, smartphone, tablet), by which the User may access the EthyMaps Service; the App may be downloaded from the online store with apps Google Play;
      2. Consumer – means a User who is a natural person, using the EthyMaps Service in a manner not directly related to his business or professional activity;
      3. Account – means an account of a User created by him in the EthyMaps Service by way of a Website or an App, in accordance with this Terms and Conditions; the Account is accessible after one-time registration and logging-in into the Account;
      4. Map – means an interactive on-line map on which the Objects are marked, forming a part of the EthyMaps Service; the Map works on the engine and license of Google Maps JavaScript API;
      5. Object – means a location having its tab on the Map, uploaded to the Map by the Service Provider or the Registered User;
      6. Website – means a website working at the address: www.ethymaps.com and its sub-websites, maintained by the Service Provider, by which the User may access the EthyMaps Service;
      7. Terms and Conditions – mean this terms and conditions of services provided by electronic means, specifying the conditions of use of the EthyMaps Serivce by way of an App or Webiste; current version of the Terms and Conditions is available in the App and on the Website (www.ethymaps.com) at any time, in a form that allows them to be obtained, downloaded, saved on the hard drive of the device, played or printed; 
      8. EthyMaps Service – means service of the Service Provider, accessible by  way of the App and the Website;
      9. Services – mean services provided by way of electronic means by the Service Provider to the Users within the EthyMaps Service by way of an App or Website, as described in Point 3 of these Terms and Conditions;
      10. Service Provider – means a joint-stock company under the name of Ethy S.A. with its registered office in Warsaw at. ul. Bagno 2 appt. 205, 00-112 Warsaw, NIP 5252760233, REGON: 381045800, entered into the register of entrepreneurs of the National Court Register under the KRS number: 0000740280, e-mail: user@ethymaps.com;
      11. User – means a natural person with full legal capacity, a legal person or an organizational unit without legal personality that uses the EthyMaps Service;
      12. Registered User – means a User of  the EthyMaps Service without a registered Account;
      13. Unregistered User – means a User of  the EthyMaps Service with a registered Account.
    2. Expressions written in capital letters in singular shall refer to plural and vice versa.
  3. TYPES OF SERVICES PROVIDED BY ELECTRONIC MEANS
    1. The Service Provider provides Services consisting in enabling Users to use the EthyMaps Service, at a place and time chosen by them, through the App or the Website. EthyMaps Service is an information tool that allows searching, browsing and locating various types of Objects on the Map, in particular venues (clubs, cafés, café clubs, restaurants, bars, eateries, ecological stores, and others), operating in an ethical and ecological manner, in particular respecting the natural environment.
    2. The Services provided by the Service Provider to the Users may take the following forms:
      1. using the EthyMaps Service (App or Website) by an Unregistered User who does not have an Account – in this case, the Service of using the EthyMaps Service is limited to searching, browsing and locating on the Map of Objects and sharing links to Objects located on the Map on Facebook, under the conditions specified in these Terms and Conditions;
      2. using the EthyMaps Service by a User that registers an Account on the EthyMaps Service (via an App or Website) – in this case, the Registered User uses the Account registration Service and gains access to the full functionality of EthyMaps Service, including searching, browsing and locating on the Map of Objects, creating and modifying tabs of the Objects on the Map, adding Objects to the list of favorites (hearts), and sharing links to the Objects located on the Map on Facebook, under the conditions set out in these Terms and Conditions;
      3. additionally, we provide Users with the possibility to download and install the App on the User’s mobile device;
      4. the Service Provider also provides the Service of Newsletter, under the conditions set out in these Terms and Conditions.
  4. TECHNICAL REQUIREMENTS NECESSARY TO USE THE ETHYMAPS SERVICE
    1. In order to use the EthyMaps Service to the full extent through the Website, it is necessary to have a device that allows the use of the Internet resources and a browser that allows you to display websites, meeting the following minimum requirements:
      1. active Internet connection allowing for two-way communication via HTTPS protocol;
      2. properly installed and configured web browser that supports the HTML5 standard and cascading style sheets (CSS3) technology, e.g. Google Chrome version 4.0 or newer, Mozilla Firefox version 3.8 or newer, Internet Explorer version 9 or newer (Edge) or Safari version 5.1 or newer, however, the Website may not be displayed correctly on TV sets;
      3. Internet browsers should work with a screen resolution of not less than 1024×768 pixels
      4. JavaScript and cookies enabled (usually enabled by default in the browser).
    2. For the proper use of the EthyMaps Service via the Website, it is required to enable cookies on the device through which the User uses the Website. Cookies are used, among others to maintain the registered User session after logging in. Detailed information on cookies is included in the Privacy and Cookies Policy.
    3. To use the EthyMaps Service to the full extent via the App, it is necessary to have a mobile device that allows you to use the Internet resources on which the App can be installed, in particular a smartphone or tablet, operating on the basis of the original Android system at least version 5.0 or the original system iOS version not less than 10.0, whereby the EthyMaps Service may not display properly on Blackberry phones and phones with Windows system. The application should be downloaded from the official Google Play store.
    4. Using the App is done through the https encrypted communication protocol and is possible after installing the App. After installation and launching, the App will remain active until its interruption or uninstallation, using the tools available on the User’s mobile device. The User may stop using the App by interrupting the App or uninstalling it from a mobile device. It is uninstalled in accordance with the procedure of interrupting or uninstalling the App, depending on the operating system of the mobile device.
    5. For the proper use of the EthyMaps Service via the App, it is required to enable cookies on the device through which the User uses the App. Cookies are used, among others to maintain the registered User session after logging in. Detailed information on cookies is included in the Privacy and Cookies Policy.
    6. The Service Provider reserves the right to make technical breaks in the operation of the EthyMaps Service, during which certain functionalities of the EthyMaps Service and the Services provided by the Service Provider may be limited or unavailable.
    7. The Service Provider does not provide any guarantee that the use of the EthyMaps Service will take place without errors, defects or breaks, or that the content posted on the EthyMaps Service will meet the User’s expectations.
    8. The Service Provider shall not be liable to Users or third parties for damages, both direct and indirect, including loss of profits, in connection with:
      1. technical breaks in the operation of the EthyMaps Service, as a result of which Users cannot access the EthyMaps Service, or the basic functions of the EthyMaps Service are unavailable or their operation is incorrect;
      2. technical failures and technical errors in the operation of the EthyMaps Service, as a result of which Users cannot access the EthyMaps Service, or the basic functions of the EthyMaps Service are unavailable or their operation is incorrect.
    9. The Service Provider reserves the right to:
      1. introduce modifications and / or improvements and / or updates to the EthyMaps Service, Website and App, as well as to withdraw, in a final or temporary manner, the provision of Services available through the EthyMaps Service. Users will not be entitled to receive any compensation in the event of modification of one or more Services offered by the Service Provider via the EthyMaps Service, through the Website or App;
      2. send the Users to their Account or to the e-mail address provided during registration of the Account, technical, system and maintenance information regarding the functioning of the EthyMaps Service, Website or App, not constituting commercial information within the meaning of the Act of 18 July 2002 on the provision of electronic services.
    10. The Service Provider has the right to entrust subcontractors with the ongoing operation and maintenance of the EthyMaps Service, Website or App without informing Users about it.
    11. Due to the huge number of mobile devices and the continuous process of creating their next versions, the Service Provider does not guarantee the flawless operation of the Application on every mobile device or with every version of the operating system and this cannot be the reason for a complaint.
    12. It is forbidden to take any actions aimed at tampering with the App or Website, violation of their security or data security.
  5. CONDITIONS OF PROVISION OF SERVICES TO UNREGISTERED USERS
    1. Use of the EthyMaps Service by an Unregistered User through:
      1. entering the Website’s web address into the search engine and opening the Website page; or
      2. installation of the App on a mobile device;

means the conclusion of a contract for the provision of electronic services within the scope of Services indicated in point 3.2.1 of the Terms and Conditions.

  1. Using the EthyMaps Service and Services via the Website or App by an Unregistered User means that he accepts the content of these Terms and Conditions, accepts the Privacy and Cookies Policy, as well as means that he commits to comply with them. Each User is obliged to read these Terms and Conditions and the Privacy and Cookies Policy.
  2. Using the EthyMaps Service (via the Website or App) by an Unregistered User who does not have a registered Account on the Website, allows the use of the EthyMaps Service to a limited extent, including searching, browsing and locating on the Objects on the Map and providing links to the Objects located on the Map on Facebook, under the conditions set out in these Terms and Conditions.
  3. The use of Services by an Unregistered User within the EthyMaps Service and the download and installation of the App is voluntary and free, i.e. an Unregistered User does not incur any fees for using the Service and is not entitled to any remuneration for using the Service.
  4. An Unregistered User may terminate the use of the EthyMaps Service (Services) at any time.
  5. The end of using the Services by an Unregistered User is made:
    1. via the Website – by leaving the Website, which terminates the contract for the provision of electronic services; the User is not obliged to submit any additional statements;
    2. via the App –  the contract for the provision of electronic services is automatically terminated when the App is uninstalled from the internal memory of the mobile device.
  6. CONDITIONS OF PROVISION OF SERVICES TO REGISTERED USERS. REGISTRATION OF AN ACCOUNT
    1. To use the functionality of EthyMaps Service to the full extent, the User should register an Account in the EthyMaps Service via the Website or App, and then log in. 
    2. The Account registration Service enables access to the full functionality of the EthyMaps Service, including searching, browsing and locating Objects on the Map, creating and modifying the Object tags on the Map, adding the Objects to the list of favorites (hearts), and sharing links to the Objects located on the Map on Facebook, under the conditions set out in these Terms and Conditions.
    3. Account registration by the User, the use of the Services as part of the EthyMaps Service, and downloading and installation of the App are voluntary and free, i.e. the Registered User does not incur any fees for using the Service and is not entitled to any remuneration for using the Service.
    4. Account registration requires:
      1. filling out the form available in the EthyMaps Service and providing the data required there, including the User’s first and last name, User’s email address and unique password;
      2. authentication via the Facebook social website – for this purpose, the User should click the “Log in via Facebook” button, which is located in the Application and Website and provide the data used to log in to Facebook (in which case the Service Provider authorizes the given social website to manage the registration and / or login of the user and in no way obtains the username and password used to log in to Facebook);
    5. In each of the cases mentioned in point 6.4 the registration of the Account requires that the User reads the Terms and Conditions and the Privacy and Cookies Policy accept their provisions.
    6. After completing the data required for Account registration, an email will be sent to the e-mail address provided by the User, a confirmation of Account registration, a link to activate the Account and the current Terms and Conditions. Registration is completed when the Account is activated by the User. If the User does not activate the Account within 30 days of receiving the email confirming the registration of the Account, the activation link will expire and the Account will not be activated. The User may register again using the same email address only after contacting the Service Provider (user@ethymaps.com).
    7. The Account service contract is concluded for an indefinite period upon activation of the Account. Registration of the Account and use of the EthyMaps Service by a Registered User is free, i.e. the Registered User does not incur any fees for using the Services and is not entitled to any remuneration for using the Services.
    8. During Registration, as well as when using the Account, the User is obliged to provide truthful, accurate and current data, not misleading and not infringing the rights of third parties, as well as updates of the data provided in the registration form, immediately after each change of these data. Data updates are carried out within the Account.
    9. The User using the Account is in particular obliged:
      1. to use the Account in a way that does not interfere with the functioning of the EthyMaps Service or an App;
      2. not to disclose his Account to third parties, not to impersonate third parties, not to transfer to third parties the right to use the Account, not to undertake IT activities or any other activities aimed at obtaining possession of e-mail addresses or passwords of other Users,
      3. to maintain confidentiality of data necessary to log in to the Account (in particular the password) and to exercise the utmost diligence in order to prevent third parties from gaining possession of them;
      4. to use the Account in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland and the provisions of these Terms and Conditions;
      5. to logout in the event of termination of a given session under the Account, with the reservation that if the User uses the “Remember me” option, access to the Account is provided without the need to log in each time. This applies only to the device used by the User when this option was selected and lasts for the duration of the cookie file placed on this device; the User using the “Remember me” option may at any time opt out of automatic login by logging out of the Application or by deleting the cookie placed on the device on which he used this option.
      6. korzystania z Konta w sposób zgodny z przepisami obowiązującego na terytorium Rzeczypospolitej Polskiej prawa, postanowieniami Regulaminu, a także z przyjętymi w danym zakresie zwyczajami,
    10. The Account is not transferable. In particular, the User is not entitled to sell the Account, give it to use or make it available in any other form to third parties
    11. The User, also the User being a Consumer, may terminate the contract for the provision of the Account service by electronic means at any time, without giving reasons, by selecting the appropriate option in the Account panel or by sending a statement of termination to the Service Provider’s email address (user@ethymaps.com) or in writing to Service Provider’s registered office address. The User may use the model withdrawal form provided at [•], but it is not mandatory. The Account in the EthyMaps Service of the Registered User will be deleted. Along with the deletion of the Account by the Registered User, the remaining agreements between the Service Provider and the User regarding services provided as part of the Website shall expire.
    12. The Service Provider has the right to terminate the contract for the provision of Account services in the case of:
      1. cessation of provision of the Services by the Service Provider, without giving reasons – information about the termination of the contract will be sent to Users 14 days in advance to the e-mail address provided when registering the Account (after 14 days from the date of delivery of the abovementioned information, the contract for the provision of the Account services expires, the Account is removed and the User will no longer have access to it);
      2. the User violates the provisions of these Terms and Conditions, with immediate effect – information about the termination of the contract will be sent to the User to the e-mail address provided when registering the Account (at the time of delivery of the above information, the contract for the provision of the Account services expires, the Account will be deleted and the User will no longer have access to it);
      3. no activity of the Registered User for a period of 12 months from the time of Account registration – information about the termination of the contract will be sent to the User 30 days in advance (after 30 days from the date of delivery of information, the contract for the provision of Account services expires, the Account is deleted and the User will no longer have access to it – unless the User informs the Service Provider about his will to further use the Account).
    13. In the case of Users – legal persons and organizational units without legal personality, the Account may be created and activities may be taken on their behalf only by a person authorized to act in this regard on behalf of these entities. A person acting on behalf of and for the benefit of a User who is a legal person or an organizational unit without legal personality, whose law grants legal capacity, ensures that he is duly authorized to act and perform all activities on behalf of and for the User.
    14. The User may have only one Account in the EthyMaps Service associated with a given email address.
    15. The User undertakes to keep the access data to the Account secret and to protect it against access by unauthorized third parties.
    16. The User ensures that the data provided in the Account registration process and in the course of using the Website are true, correct and current, and that he is entitled to use this data. The User undertakes to update the data in the event of their change. The Service Provider reserves the right to block the Account if the provided data do not meet the above requirements.
    17. The names and passwords entered by Users during Account registration, which are used or can be later modified by them, constitute personal data. This information is strictly confidential. Each User is fully responsible for the use of his identification data and passwords, and undertakes to keep them confidential and not disclose them to third parties in any form whatsoever. In case of disclosure of identification details and passwords to third parties, the User bears full responsibility for their use. The Service Provider is not responsible for the use of user identification data and passwords by any third parties.
    18. Unless the mandatory provisions of law provide otherwise, the Service Provider shall not be liable for:
      1. loss of data by the User within the Account due to force majeure or circumstances attributable to the User;
      2. negative consequences of the User’s failure to log out of the Account after the end of a given session, and the User’s use of the “Remember me” option on a device used by other people;
      3. the consequences of using the Account by the User in a manner inconsistent with applicable law, provisions of these Terms and Conditions and any damages related thereto;
      4. the consequences of the unauthorized person using the email address and / or phone number of the person who did not consent to this during the registration process.
  7. ADDING OBJECTS (OBJECTS’ TABS)
    1. The EthyMaps Service provides information about the Objects on an interactive Map in the form of a tab related to the location of the Object. When creating the Object’s tab, the Service Provider uses publicly available data. For the avoidance of doubt, the Service Provider is not obliged to carry out promotions or marketing activities in relation to the Objects.
    2. The Object tab may contain the trade name, availability information, address, contact telephone number, e-mail address, website address of the Object, and the thematic category / filter of the Object, developed by the Service Provider and assigned by the Service Provider to each Object. The business tab may also contain a logo, photos of the Object and its equipment as well as an additional description of the Object, subject to the rights of third parties.
    3. After registering the Account and then logging in to the EthyMaps Service, the Registered User has the option of adding an Object tab or updating an existing Object tab. Adding an Object tab is done by clicking on the “Add Object” or similar icon. The User will select at least one thematic category appropriate for the Object to which it should be assigned. The User who added the Object tab may edit, update the Object tab or delete it at any time. The entered data may not be visible but after some time.
    4. The User who is also the entity to whom the data contained in the Object tab relates, has the right to send information about missing or incorrect data regarding the Objects or to notify about any violation of personal rights in connection with the data of the Objects presented in the EthyMaps Service. The User also has the right to request immediate deletion of the Object’s data as well as the Object’s tab from the EthyMaps Service. Such information or notification should be sent to the following e-mail address: user@ethymaps.com. The User’s request will be accepted immediately, no later than within 24 hours of receipt of the User’s request together with the justification for the change. The Service Provider reserves the right to refuse to comply with the User’s request if it gains reasonable doubts as to the legality of the submitted request, or if such request is unlawful or contrary to the rules of publishing the content set out in these Terms and Conditions.
    5. Object tabs added by the Service Provider and Users are available to all other Users.
    6. Object tabs may contain links to websites of other entities, such as gastronomic establishments, bars, shops, hotels, etc. offering specific services or content offered to the Users directly by other entities. The Service Provider does not control in any way the activities of service providers of other entities and does not bear any responsibility with regard to the quality, availability and content of services of other entities. Therefore, the Service Provider is not responsible for direct or indirect damages arising in connection with the User’s use of the services of other entities as well as services provided in the Objects.
  8. POLICY OF CONTENT
    1. All elements of the EthyMaps Service, App, Website and Maps such as trademarks, drawings, models, images, audio and video files, texts, photos, logos, graphic maps, software, search engines and databases, both jointly and individually (the above list is not exhaustive), they are the exclusive property of the Service Provider or its service providers.
    2. The User receives a license to use the Map, including functions that enable displaying the Map and adding Object tabs. In addition, the use of content may be permissible under the terms of “fair use”, which allows certain possibilities of using a copyrighted work without a license from the copyright holder.
    3. The Service Provider authorizes the User to install, use, use, display or otherwise use the App in accordance with the Terms and Conditions. By downloading and installing the App on a mobile device, the User does not acquire ownership or any other rights to the App other than the right to use it within the limits of the license granted by the Service Provider, referred to in points 8.1 and 8.2. above.
    4. The Service Provider reserves that some elements of the EthyMaps Service and App are provided by independent developers and may be subject to other terms and conditions than those contained in these Terms and Conditions, which the User is obliged to comply with. In particular when providing Services (e.g. use of Maps), the Service Provider uses the software made available by the Google Maps operator. The above software is used by the Service Provider based on the relevant license agreement. The Service Provider is not responsible for any claims of the Google Maps operator against Users related to Users’ use of the EthyMaps Service.
    5. The User has no right to use the EthyMaps Service or its content for purposes other than information and for personal use. In particular, the User may not duplicate, copy, make available to third parties and use for the purpose of conducting business activity or obtaining other material benefits from content, information, works, database elements made available within the EthyMaps Service or Business tabs. All actions resulting or aimed at violating the terms of use of the EthyMaps Service constitute a violation of the law and the provisions of the Terms and Conditions.
    6. The User may not redistribute or sell any part of the Map or create a new product or service based on the Map, including copying Map content, bulk download or create bulk content files (or allow others to do so), use Maps to create or extending other map data sets (including map or navigation data sets, company databases, mailing lists and telemarketing lists) used in a service that can replace the Services provided by the Service Provider or significantly similar to it.
    7. Content and information published in the EthyMaps Service must be based on real experience and information. Deliberately falsifying content, copying or stealing photos, and publishing unnecessary or false content violates these Terms and Conditions.
    8. The User is responsible for the content entered into the EthyMaps Service and guarantees that it is consistent with the facts and the law and that their publication does not infringe the rights of third parties, including copyrights. The Service Provider is not responsible for the content and photos uploaded by Users to the EthyMaps Service, in particular for any copyright infringement by Users.
    9. The User will cover the costs of all damages together with the interest due, which the Service Provider may be required to pay due to violation of the provisions on copyright, unfair competition or unlawful business activity due to the posting of content by the User, immediately after the final court decision, as well as any other costs that may be incurred by the Service Provider in the defense of his interests, including the costs of legal aid fees. The User is also required to reimburse the Service Provider for any damage it may have suffered due to violation of his rights.
    10. It is forbidden for the User to provide any unlawful or offensive content to the EthyMaps Service, as well as to take actions that may cause interference or damage to the EthyMaps Service operation.
    11. The Service Provider reserves the right to immediately and irrevocably remove from the EthyMaps Service any selected information or content, without prior notice or explanation, if the information or content:
      1. will not faithfully and accurately reflect reality or reflect the Object (including the assignment of information to the wrong Object tab
      2. contain vulgar or offensive language;
      3. are false or untrue;
      4. are a series of random characters that do not reflect real words;
      5. violate the provisions of these Terms and Conditions;
      6. violate the interest or good name of the EthyMaps Service, Service Provider or other Users;
      7. call for racial, religious and ethnic hatred, promote violence, contain discriminatory content based on their racial or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity or other aspect;
      8. contain content that violates the rights of third parties, including copyrights;
      9. contains pornographic or erotic content;
      10. contains drastic, unreasonable, dangerous or unlawful content;
      11. contain content that promotes or represents illegal products or services;
      12. aim to promote terrorism or terrorist activities;
      13. threaten or incite violence, harassment, intimidation, hatred against individuals or groups of people;
      14. contain information constituting a violation of the provisions on the protection of personal data, enabling the identification of private persons without their consent, inter alia, through their name, postal address and / or email address, telephone number, photos, sound or audiovisual records.
    12. The Service Provider is entitled to block the User’s Account if there is a suspicion that activities taken through the Account may threaten or threatened the safety of other Users in the EthyMaps Service, as well as in the case where the User has entered the content of the Website indicated in points 8.10.1-8.10 .14 above, as well as if it is a legal requirement or it results from a court decision. Blocking the Account means that the User loses the ability to log into the Account. The User shall not be entitled to any claims, including compensation for blocking the Account under this point 8.12.
    13. The Service Provider is not responsible for the correctness of data entered into the EthyMaps Service by Users. The Service Provider is also not responsible for the timeliness, accuracy or completeness of the content published on the EthyMaps Service, as well as for their usefulness to Users. The Service Provider is also not responsible for the use by Users as well as for damages suffered by Users in connection with the use of the Objects.
    14. The User has the right to send information on any violations in connection with this content policy. The User also has the right to request immediate removal of such infringing content from the EthyMaps Service. Such information or notification should be sent to the following e-mail address: user@ethymaps.com. The User’s request will be accepted immediately, no later than within 24 hours of receipt of the User’s request together with the justification for the change. The Service Provider reserves the right to refuse to comply with the User’s request if it gains reasonable doubts as to the legality of the submitted request, or if such request is unlawful or contrary to the rules of publication of the content set out in these Terms and Conditions.
    15. The User posting any materials, content, including graphics, trademarks, photos and other information in the EthyMaps Service, upon their publication, grants the Service Provider a non-exclusive, free, transferable, sublicensed, global (territorially unlimited) license to record, reproduce, store, display, play, save, modify, create derivative works, perform and disseminate these materials for display in the EthyMaps Service, as well as on the EthyMaps Service partners through which the EthyMaps Service is promoted, as well as anywhere via the Internet, including Internet search engines (e.g. Google), social networks (e.g. Facebook); as well as to operate, develop, deliver, advertise and use the EthyMaps Service. The provisions of these conditions do not limit other rights that the Service Provider may have to these materials, for example based on other licenses.
    16. The license referred to in point 8.15 above also allows the Service Provider to host, reproduce, distribute, transfer and use content, for example to save them in the Service Provider’s systems and provide access to them from anywhere, publish, publicly display and display User content, changing user content, e.g. by reforming or translating it, sublicense these rights (i) to other users to enable the Service to function as intended, e.g. when you want to share the link to the Object and (ii) our partners who help us provide the Services.
    17. Due to the nature of the Internet, the Service Provider does not have full control over the distribution of content published or sent using the functionality of the EthyMaps Service to other Users and does not accept responsibility in this regard for third parties, in particular in the case of copying and dissemination of content by such persons on websites and portals unrelated with the EthyMaps Service.
    18. The Service Provider reserves the right to make spelling, stylistic and graphic corrections of content and information placed by the User in the EthyMaps Service, including cropping, adaptation and modification, if it is necessary and only to the extent necessary to allow other Users to use the EthyMaps Service without any problems.
    19. The Service Provider shall not be liable for any consequences of using Users’ content in the EthyMaps Service, including no liability to Users or third parties for damages, both direct and indirect, including loss of profits, in connection with the use of content contained in the EthyMaps Service.
    20. The Service Provider has the right to place on the EthyMaps Service advertising and marketing content regarding the Services and other products of the Service Provider or third parties.
  9. NEWSLETTER
    1. The User may agree to receive commercial and marketing information via electronic means of communication, in particular electronic mail, by selecting the appropriate option in the Account registration form or at a later date in the appropriate tab.
    2. In the event of such consent, the User will receive to the e-mail address provided by him the information (Newsletter), as well as other commercial information sent by the Service Provider. The Newsletter service is provided free of charge for an indefinite period.
    3. You can opt out of your consent at any time:
      1. Unregistered User may opt out of receiving commercial and marketing information by clicking the appropriate link in the content of each Newsletter, by sending an appropriate resignation via e-mail to the following address: user@ethymaps.com or in writing to the address of the Service Provider;
      2. Registered Users may opt out of receiving commercial and marketing information by unchecking the appropriate box on their Account page, by clicking the appropriate link in the content of each Newsletter, by sending the appropriate resignation via e-mail to the following address: user@ethymaps.com or in writing to the address of the Service Provider.
  10. COMPLAINT PROCEDURE
    1. Each User has the right to lodge a complaint in the event of any irregularities regarding the functioning of the EthyMaps Service, App or Website, including technical problems. Complaints should be submitted electronically to the following address: user@ethymaps.com or in writing to the address of the Service Provider.
    2. The complaint should contain at least: name and surname and e-mail address of the User (in the case of a registered User the e-mail address assigned to the Account). When submitting a complaint, the User should describe the problem related to the Service complained about, as well as indicate the expected way of dealing with the complaint.
    3. Complaint will be considered within 14 days of its receipt (subject to point 10.4), unless consideration of the complaint within this period is impossible for technical reasons or other reasons beyond the control of the Service Provider. In the event of a situation preventing the complaint from being considered on time, the Service Provider shall immediately notify the User of the reasons for the inability to process the complaint on time and will indicate a new planned date for responding to the complaint. The response to the complaint will be sent to the User to the e-mail address provided by the User in the complaint, unless the User indicates the correspondence address for sending the response to the complaint by post.
    4. If the data or information provided in the complaint do not allow the complaint to be recognized, the Service Provider will ask the User to clarify any doubts or provide additional information, if it is necessary to recognize the complaint, indicating precisely such doubts or required information. In this case, the 14-day period for consideration of the complaint shall run from receipt of relevant explanations from the User.
  11. ALTERNATIVE DISPUTE RESOLUTION
    1. The User who is a Consumer has the option of using out-of-court methods of settling consumer disputes in accordance with the procedure of Internet Dispute Resolution developed by the European Commission available on the website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL.
    2. The consumer has the right to use extrajudicial means of dealing with complaints and redress. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and to the following website addresses of the Office of Competition and Consumer Protection: (a) http://www.uokik.gov.pl/spory_konsumenckie.php, and (b) http://polubowne.uokik.gov.pl/rejestr,5,pl.html.
    3. There is a Contact Point in the Office for Competition and Consumer Protection that provides information on amicable proceedings. ADR / ODR Contact Point (information on ADR entities, assistance in completing applications), Pl. Powstańców Warszawy 1, 00-950 Warsaw, Tel. 22 55 60 332, 22 55 60 333, E-mail: kontakt.adr@uokik.gov.pl.
  12. SPECIAL THREATS RELATED TO THE USE OF ETHYMAPS SERVICE
    1. Due to the informational function of the EthyMaps Service, the Service Provider does not identify specific threats associated with the use of the Services. Nevertheless, the User should take into account the typical threats associated with the provision of electronic services, in particular those related to the phishing of confidential personal information, infection of the IT system with viruses by third parties to cause damage / phishing, intrusions into the IT system or spam messages. In order to avoid the above threats, the User should consider providing adequate protection measures for devices used by the User when using the Services.
  13. PERSONAL DATA AND COOKIES
    1. All personal data provided to the Service Provider by the User are processed in a manner consistent with the requirements set out in Polish law, and above all the Act of 29 August 1997 on the protection of personal data and the Act of 18 July 2002 on the provision of electronic services.
    2. The Service Provider applies technical measures required by current regulations on the protection of personal data to prevent the acquisition and modification of personal data sent electronically by unauthorized persons.
    3. When the User uses the EthyMaps Service through the App and Website, the User’s data is automatically collected. These data include, among others: IP address, domain name, User’s browser type, operating system type, some other data related to the methods used by the HTTP / HTTPS protocols. These data can be collected by cookies (so-called cookies), and can also be saved in server logs.
    4. Cookies are not part of the content of the Services provided electronically.
    5. Detailed rules for the processing of personal data and the use of cookies, i.e. how they are collected and used, are described in the Privacy and Cookie Policy.
  14. AMENDMENTS OF THE TERMS AND CONDITIONS
    1. The Service Provider reserves the right to make unilateral changes to these Terms and Conditions without giving a reason, in particular in connection with the change in the scope of the Services offered, adding new functionalities, expanding the EthyMaps Service capabilities, as well as for organizational, legal or technical reasons. The Service Provider reserves the right to introduce payment for certain Services provided to Users, or to introduce new paid Services.
    2. In the event of exercising the above right, the Service Provider will send to Registered Users, to the e-mail addresses provided by them when registering the Account, information about the planned amendment of the Terms and Conditions together with providing a link to the new version of the Terms and Conditions. The information will be sent to Registered Users at least 7 days before the date of entry into force of the planned changes.
    3. Amendments to the Terms and Conditions enter into force on the date indicated by the Service Provider, not less than 7 days from being notified of the amendment to the Terms and Conditions, unless otherwise provided by applicable law.
    4. A Registered User who does not accept the planned amendments to the Terms and Conditions may terminate the Account agreement on the terms set out in the provisions of point 6.7 of the Terms and Conditions. If the User does not terminate the Account creation agreement before the date of the new wording of the Terms and Conditions, then it shall become binding on the User on the day indicated as the date of entry into force of the new version of the Terms and Conditions.
  15. FINAL PROVISIONS
    1. The Service Provider is not responsible for Users using the EthyMaps Service contrary to the provisions of the Terms and Conditions.
    2. Unless the mandatory provisions of law provide otherwise, the law applicable to contracts between the User and the Service Provider is Polish law. The choice of Polish law does not deprive the Consumer of the protection granted to him on the basis of provisions that cannot be excluded by contract, under the law that would be applicable in the absence of choice of law.
    3. In the event that any of the provisions of the Terms and Conditions is or becomes unlawful, invalid, invalid or non-binding or ineffective, this will not affect the entire legal nature, validity and validity or effectiveness of the remaining provisions of the Terms and Conditions
    4. No Party shall be responsible for the non-performance or improper performance of its obligations under the Terms and Conditions, if the non-performance or improper performance of the obligations arising from the Terms and Conditions is the result of force majeure, understood as an extraordinary event and independent of the will and beyond the reach of the Parties, external, unpredictable and prevention that occurred during the validity of the Terms and Conditions
    5. All disputes related to the services provided by the Service Provider as part of the Website will be subject to appropriate common courts, subject to point 11 of these Terms and Conditions and provisions of law that cannot be excluded by contract.