TERMS OF SERVICE ("ToS")
These ToS set out the rules of using Competizer platform, offered by the Service provider - Webest s.c. Danuta Stawarz, Magdalena Czekała having its seat in Szamotuły (64-500) ul. Rycerska 7, e-mail: firstname.lastname@example.org, NIP 777-288-11-51 ("Webest") and are the terms for providing services by electronic means under the Act of July 18th, 2002, on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204).
Moreover, along with other documents such as in particular competitions rules, these ToS specify the duties of Participants of competitions conducted using Competizer platform.
Please read carefully the ToS. Using the platform "Competizer" depends on familiarizing with the ToS and their acceptance by the User. Please also note that Webest has the right to introduce modifications in the ToS at any time, with the use of the Service after changes in ToS is tantamount to their acceptance. Users agree that they are obliged to check periodically whether the ToS have been modified.
ToS give the following expressions peculiar significance, as indicated below:
- Competizer - web platform for organizing and conducting online competitions or galleries, provided by Webest,
- Service – object of service provided by Webest consisting of giving User access to the platform Competizer in order to conduct online competitions or conducting online galleries. In connection with the Service Webest provides User a space on the server in order to store data related with the Service,
- Purchaser – the entity which ordered access to the Competizer platform.
- Customer account - the space within the Service provided by Webest on the Purchaser’s request, in which User Accounts are established. The Purchaser may have several Customer accounts.
- User Account - the space within the Customer account to which the User had obtained access from the Purchaser or Webest.
- User – an entity who received the access data to the Competizer platform from the Purchaser or Webest within the Customer Account.
- Competition Organizer - the User who created the contest.
- Gallery Organizer - the User who created the gallery.
- Participant – the person registered to participate in a contest or gallery.
- User Content - content uploaded on the Competizer platform by Users, including in particular the rules of competition or gallery used by the User.
- Participants Content - content uploaded on the Competizer platform by the Participants taking part in competitions and galleries, including in particular:
- original files
- works designed for publication within the Service
- Participants data assigned to the specified User Account
- other Participants data assigned to a particular competition or gallery.
- Agreement - the agreement for the provision of Service by electronic means concluded between Webest and the Purchaser determined by these ToS.
- Service Content - collectively the User Content and the Participants Content, as well as the Service content owned by Webest.
- Price-list - specification of fees due to Webest in title of performing Service for the Purchaser under the Agreement, available on the website www.competizer.com in the "Offer" section, being an integral part of the ToS.
- Fee - the amount of money owed to Webest in title of using the Service determined in accordance with the Price-list.
- Competition’s opening - the moment when there are 25 participants registered or when within the competition 25 objects (text or graphics, depending on the type of competition) are entered,
- Gallery’s opening - the moment when there are 25 participants registered or when within the gallery 25 objects are entered.
- Competition’s closing - the moment when User or Webest using the tools available on the Competizer platform will close the competition.
- Gallery’s closing - the moment when User or Webest using the tools available on the Competizer platform will close the gallery.
- Rules - a set of conditions for the contest or gallery prepared by the Competition Organizer or Gallery Organizer.
3. Conclusion of the Agreement and its Parties
At the moment of ordering access to the Service through the www.competizer.com website, after accepting the ToS, the Agreement for providing Service by electronic means is being concluded between Webest and Purchaser.
ToS designate a legally binding contractual Framework between the Parties. Due to the fact that, in principle Webest provides Service only to adults and persons having capacity to perform acts in law, the Purchaser accepting the ToS confirms that he or she reached age of 18 years (or reached the age of majority, if in the place of the Purchaser domicile it is not tantamount to reaching age of 18) or that he or she have familiarized with the TOS along with a parent or legal guardian who accepts the ToS on behalf of the Purchaser and takes full responsibility for its enforcement by the Purchaser.
Purchaser states that he or she or his parent or legal guardian has full capacity to accept the ToS and to fulfill its obligations, make statements or bear responsibility under the law provisions and the ToS and to acting in compliance with ToS.
In the event that the Purchaser is a legal person or organizational unit without legal personality, which the law confers legal capacity, the person using the platform Competizer on behalf of Purchaser declares that it is empowered to make statements of will in connection with the Agreement on behalf of the Purchaser.
4. Customer Account
To use the Service it is required to have Customer Account. To create a Customer Account it is required to provide the following data necessary for the execution of the Agreement:
- name and surname of the Purchaser or a person acting on behalf of and on the Purchaser’s account,
- the Purchaser’s business name,
- domicile / address of the registered seat of the Purchaser,
- identification number of the Purchaser for tax purposes (Tax Identification Number, Social Security Number, VAT UE number),
- e-mail address of the Purchaser,
- phone number of the Purchaser.
After entering the abovementioned data by using the form set out in www.competizer.com site, the representative of Webest will contact the Purchaser in order to transfer access data to the User Account within the Customer Account and to verify the correctness of the data entered. There can be multiple User Accounts established within the the Customer Account.
The entire responsibility for the activity associated with Customer Account bears the Purchaser. Purchaser acknowledges that Webest is entitled to contact with him in order to provide information connected with the Service and Competizer platform. The Purchaser may at any time deactivate his Customer Account. In order to deactivate account please contact Webest via e-mail: email@example.com
Webest reserves the right to collect Fees owed, related to the use of the Service by Users before the deactivation of the Customer Account.
5. User Account
To gain access to the Service and its using it is necessary to have User Account.
Account may be closed or access to it may be blocked by Webest in case when User or someone else will use it in a way that violates the ToS or in the other illegal or illicit means.
User acknowledges that he or she can not disclose to anyone access data to the User Account and takes full responsibility for all actions made by all persons who obtained access to the User Account. At the User's responsibility bears providing appropriate security means for access data to User account. In case when User becomes aware of the possibility of taking over access to the User account by unauthorized persons, he or she is obliged to immediately inform the Purchaser or Webest of this suspicion.
User acknowledges that Webest will be able to contact with him in order to provide information connected with the Service and Competizer platform.
User can at any time deactivate User Account. For this purpose please contact the Purchaser or Webest via e-mail: firstname.lastname@example.org
6. Using the Service.
After obtaining access data to the User account, you may begin using the Service in accordance with the ToS. In order to use Service it is necessary to have an accesses to the Internet and the computer system with a web browser providing Java Script.
Webest allows the User to familiarize with the Competizer platform features. For this purpose, after logging in to the User Account, the User can test the functionalities of the platform.
Webest provides technical support related to the Competizer platform. For this purpose Webest allows contact with persons responsible for technical support via e-mail: email@example.com.
You are permitted to copy and download Services Content in a range established by Webest.
Webest provides Users access to the Participants data, collected in connection with the organization of the competition or gallery, in the manner and extent described in Table no 1
|Service Content in a single Competition or Gallery||BEFORE CLOSING of the Competition (or Gallery)||Competition (or Gallery) CLOSED||Competition (or Gallery) ARCHIVED||Competition (or Gallery) DELETED|
|Original files||Available depending of the pricing option||Deleted, unavailable||Unavailable||Unavailable|
|The works intended for publication within the Service||Available||Available||Only winning and runner-up works||Removed, unavailable|
|Participants platform data||Available||Available||Available||Available|
|Other Participants data related with specified Competition or Gallery.||Available||Available||Available||Removed, unavailable|
|User content management||Available depending of price option chosen||Restricted||Restricted||Unavailable|
Table no 1 Summary of availability of Participant Content and options of managing the User Content at different life stages of the competition or the gallery.
For each of the competitions or galleries, into which the User Content is to be entered, the Competition Organizer or Gallery Organizer is required to provide Rules in accordance with this ToS and applicable law. In the case when Webest acknowledge that rules of the competition or gallery violate the law or in case of non-introduction of the Rules, Webest is entitled to suspend or remove the competition or the gallery. At the same time, Webest is not obligated to examine the content of the Rules in view of the binding law. Responsibility for the Rules content rests with the Competition Organizer or Gallery Organizer.
7. Uploading content of third parties within the Service
Webest respects the intellectual property rights of third parties. To post content within the Service, the User or the Participant must dispose legal title to it. It is prohibited to transmit or post within the Service any content that violates copyright, trademark or other intellectual property rights of third parties, and is not allowed to post content that violates the law, the provisions of the ToS, the right to privacy and the right for commercial image of third parties and is not in accordance with the Rules of the competition or gallery in which the Participant is involved.
Users can post content only if permitted by the owner of the rights or permitted by law. Webest may, without notice and at its discretion remove any content that may infringe the intellectual property rights of third parties.
In the case of repeated violation by the User of intellectual property rights or other rights of third parties or Webest, Webest may, without notice and at its discretion close or block the User Account. In case of closing the User Account the Purchaser is not entitled to a refund of the Fees paid.
8. Uploading User and Participant generated content
Webest has the right to use the Participants Content and Users Content to purposes directly connected with conducting of competitions or galleries, and to promote services, in particular by placing graphic elements related with the competitions on the Webest website or Competizer website and in promotional materials.
9. Contribution of Participants
Participants of the competitions or galleries organized within the Competizer platform are obliged to observe Rules of the competitions or galleries in which they participate. Regulations vary depending on the competition or the gallery and the participant is required to acquaint with them, before declaring a will to participate in competition or gallery.
If the competition or gallery provides that Participant can publish his content, the Participant declares that he or she is fully responsible for the content posted in Competizer platform. In addition, the Participant declares that he or she has the appropriate rights to publish content on the Competizer platform.
In the case of behavior inconsistent with the Rules, the Participants acknowledge that it is possible to exclude them from taking part in a competition or gallery.
Webest, in accordance with the request, set up a Customer Account and User Accounts for an indefinite term and free of charge.
Webest begins to charge a Fee for use of the Service starting from the Competition’s Opening or Gallery’s Opening to the closing of Competition or the Gallery, with the exception for CUSTOMIZED pricing option. Service in the CUSTOMIZED pricing option will be provided on the basis of a separate agreement.
Webest charge a Fee for use of the Service in the amount and manner determined in the Price-list published in the section „Offer” on the website www.competizer.com in compliance with the provisions of ToS. Prices are valid to the 1.5 million high resolution photos per customer.
The Purchaser is obliged to pay Fees for the Service in the amount resulting from the selected pricing option. Payment will be based on the invoices issued by Webest within 7 days beginning from the start of each billing period onto the bank account and within the term indicated in the invoice. The date of payment of Fees shall be the date of crediting the Webest bank account.
Webest reserves the right to change the Price-list pin such areas as e.g. fees or the methods of their calculation, at any time. About the intent to raise prices Webest will inform Purchaser by e-mail, at least 90 days prior to the entry into force of amendments in the Price-list and at the same time by posting relevant information on the website www.competizer.com. The revised Fees are applicable to each of Purchasers for these competitions or galleries, which was opened after the entry into force of amended Price-list. To the competitions and galleries opened before the entry into force of amendments in the Price-list the previously binding Fees apply.
Purchaser is responsible for monitoring information published at www.competizer.com website and for familiarizing with the correspondence relating to the Service in order to obtain in a proper time information about changes in the Price-list.
The prices indicated in the Price-list are given as net prices. You may be required to account for VAT under the reverse charge procedure according to local VAT rules in your country. Late payment of Fees for the provision of Service will result with charging with statutory interest.
11. Termination of providing Service by Webest
Webest may at any time prevent access to the Service giving Purchaser a notice, subject to the notice period of thirty (30) days from the date of communicating notice of termination to the Purchaser by e-mail or inclusion of notice within the Service or the www.competizer.com website.
Webest may without notice terminate providing Service due to violation of ToS, if Webest determines (at its sole discretion) that using of the Service by User poses a threat to the Service security, to other persons and / or minors, or because of improper illegal or unauthorized use of the Service, Service Content, permissions or intellectual property rights.
Due to the closure of access to the Service, the Purchaser will be deprived of the possibility of using all User accounts related with the Service. Purchaser acknowledges that in the above mentioned cases Webest is not obligated to notify the Purchaser nor the Users prior to the suspension or closure of the User Account, temporary or indefinite closure of the Purchaser access to the Service or removing, reclaiming or excluding selected rights related to the Service. In the case of closure the access to the Service by Webest, the Purchaser will not be able in future to benefit from any Service provided by Webest without the explicit permission.
If the Purchaser is temporarily or indefinitely excluded from access to the Service, he or she is not entitled to reimbursement of money or make conversions to cash allowances or any other compensation, and the Purchaser lose further access to the Service. The Purchaser, who states that the measures taken against his account was a result of mistake or error, is invited to contact with support via e-mail address firstname.lastname@example.org.
12. Breach of the provision of the Service by the Participant.
Violation of the ToS results in, particularly but not exclusively, the following activities of User or Participant:
- publishing, transferring, promoting or distributing of illegal content,
- posting of any software or content not belonging to the User / without the permission for their distribution,
- uploading files that contain viruses, spyware, time bombs, corrupted data or other computer programs that may damage, interfere or interrupt the provision of the Service,
- using or distribution of illicit automated programs, based on macros and other programs or applications intended for fraud,
- modifying or attempting to modify any file or any part of the Competizer platform without obtaining Webest consent.
It is prohibited taking any action violating the law in force in any legal system, including but not limited to, infringement of copyright, trademark rights, defamation, invasion of privacy, identity theft, hacking, harassment, fraud and distributing counterfeit software.
Unless otherwise stated, there is no requirement or it should not be expected from Webest monitoring or recording any activity on the network within the Service, including the activity concerning content posted by the Participants.
Webest reserves the right to remove any content from the Competizer platform at its discretion. Webest is not responsible for the violation of ToS by Users or Participants.
13. Limitations of Warranty and Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PURCHASER EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT HIS OR HER OWN RISK. SERVICE IS PROVIDED TO THE PURCHASER "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, UNLESS LIMITATION OF SUCH WARRANTIES IS NOT ALLOWED BY LAW. PURCHASER IS NOT ENTITLED TO ANY GUARANTEES CONCERNING THE QUALITY, FUNCTIONALITY, AVAILABILITY OF THE SERVICE.
WEBEST IS NOT RESPONSIBLE FOR INABILITY TO OBTAINING OR USING BY THE PURCHASER, THE USER, THE PARTICIPANT OR ANY THIRD PERSON OF ANY CONTENT, RIGHTS OR SERVICES.
WEBEST PROVIDES SERVICE IN ACCORDANCE WITH THE PRINCIPLE OF RATIONAL MANAGEMENT AND DO NOT WARRANT THAT THE USER WILL BE ABLE TO USE THE SERVICE AT CHOSEN BY HIM OR HER TIME AND PLACE, AND DOES NOT WARRANT ADEQUATE CAPACITY OF WEBEST TO PROVIDE SERVICES NEITHER IN GLOBAL SENS, OR IN ANY PARTICULAR GEOGRAPHICAL AREAS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, USER UNDERSTAND AND AGREE THAT THE SOLE AND EXCLUSIVE REMEDY IN CASE OF DISPUTES WITH WEBEST ARISING FROM THE FACT OF PROVIDING SERVICE BY WEBEST IS TERMINATION OF USING THE SERVICE AND DEACTIVATION OF THE ACCOUNT BY THE PURCHASER OR USER.
PURCHASER AND USER ACKNOWLEDGE AND AGREE THAT WEBEST WILL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ITS OWN OR THIRD PARTIES IN CONNECTION WITH THE SERVICE.
IN NO EVENT RESPONSIBILITY OF WEBEST, AFFILIATES, EMPLOYEES, OR EXECUTIVE
DIRECTORATE ("WEBEST AFFILIATES ") WILL EXCEED THE AMOUNT PAID BY THE PURCHASER TO WEBEST FOR THE USE OF THE SERVICE.
IN NO EVENT WEBEST OR WEBEST AFFILIATES WILL BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSSES CAUSED BY USE OF THE SERVICE. NEITHER WEBEST NOR WEBEST AFFILIATES DO NOT CONSIDER ANY OTHER CLAIM RELATED IN ANY WAY TO USING OF THE SERVICES OR ACCOUNTS BY THE USER.
ALTHOUGH WEBEST APPLIES REASONABLE MEASURES TO PROTECT PERSONAL INFORMATION CONCERNING THE PURCHASER AND THE USER, WEBEST WILL NOT BE LIABLE FOR DATA LOSS, DAMAGE TO SOFTWARE OR EQUIPMENT OF USER OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE SUFFERED BY USER OR THIRD PARTIES AND OCCURRING IN A COMPUTER AND / OR USER DEVICE AS A RESULT OF AN ACCESS TO THE SERVICE.
BECAUSE SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES OR JURISDICTIONS, THE LIABILITY OF WEBEST, LICENSORS AND WEBEST AFFILIATES IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE ABOVEMENTIONED LIMITATIONS OF LIABILITY WILL APPLY ALSO TO LIABILITY OF WEBEST TOWARDS PARTICIPANTS.
14. Assumption of responsibility
At the request of Webest, the Purchaser agrees to bear responsibility or to object to any action and did not occur with an action against Webest concerning damages, claims and expenses, including lawyer salary or costs of legal representation, following the violation or breach of the ToS.
Without limitation the general character of the foregoing, Purchaser agrees to bear responsibility and to object to any action against Webest following the unauthorized or unlawful use of the Service by any third party with User’s consent.
Webest reserves the right to conduct at its own expense the exclusive defense and control over matters otherwise covered by the Assumption of responsibility by the Purchaser. In this case the Purchaser is relieved of further liability to Webest in the case. This does not include any Webest recourse against the Purchaser.
These rules of assumption of responsibility apply in an appropriate manner to the Participants.
15. The complaint procedure
If the Purchaser, the User or the Participant state that service is provided by Webest inadequately, in particular contrary to the ToS, there is a possibility of filing a complaint on the terms described below.
Complaints shall be filed by electronic means to the e-mail: email@example.com.
Does not constitute valid grounds for a complaint:
- raising the fact that Service was realized on behalf of an entity other than the Purchaser, due to acquisition by this entity access codes to the User Account associated with the Service for reasons attributable to the User or the Purchaser,
- raising the circumstances connected with the malfunctioning of telecommunication lines on the side of the claimer.
The complaint should contain the contact details enabling contact with the claimer (name, surname, e-mail address, phone number, domicile, registered seat) and description of the problem being the groundings for a complaint.
If the complaint needs to be completed Webest will ask the claimer for clarification of the complaint subject.
Webest considers the complaint within a maximum of 14 days from the date of its receipt. Webest informs the claimer about method of dealing with a complaint immediately after the examination, by email or in writing to the address provided in the complaint. In case of inability to settle the complaint within that period Webest informs the claimer for specifying the reason for extension of time, and give predicted time to giving response.
Webest undertakes to protect the collected personal data and to their processing in accordance with applicable regulations.
Giving by the Purchasers of personal data is voluntary, however, it is necessary to provide the Service. If the Purchaser refuses to provide certain personal information or consent for their processing, execution of the Agreement will not be possible and the Purchaser will not be granted access to the Service.
Webest will process personal data supplied by the Purchaser solely for the purpose for which they were given and undertakes to keep this data confidential and not disclose them to other parties, unless the disclosure is made on the basis of explicit authorization of the Purchaser, or on the basis of generally applicable laws.
The collection of data, especially data referred to in point 4 of ToS has for its purpose the adequate performance of the Agreement by: keeping in touch with the Purchaser and the Users, settlements for the provision of Service, support purposes and other activities not listed above, necessary for the execution of the Agreement.
The administrator of the collected personal data of the Purchaser is Webest s.c. Danuta Stawarz, Łukasz Lisiak, Magdalena Czekała having its registered seat in Szamotuły (64-500), ul. Rycerska 7.
The Purchaser is entitled to inspect data provided and correct them at any time.
The administrator of collected personal data of the Users is the Purchaser.The administrator of collected Participant personal data is the Competition Organizer or the Gallery Organizer.
User agrees to place by Webest the information about the provision of Service on its favor for advertising and information purposes, particularly in a form of information on a website or press releases published in the electronic media and others.
Webest reserves the right to access to and / or record any activity on the network within the Service, and User and Participant agree to access by Webest ad recording their actions. Competizer platform uses Google Analytics to help analyze how users use the site. The tool uses "cookies," which are text files placed on your computer, to collect standard Internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about participants use of the website (including IP address) is transmitted to Google. This information is then used to optimize platform, however this data could be also used for marketing purposes of Webest.
Competizer will never use the statistical analytics tool to track or to collect any Personally Identifiable Information (PII) of users. Google will not associate your IP address with any other data held by Google. Neither competizer nor Google will link, or seek to link, an IP address with the identity of a computer user. Webest will not associate any data gathered from this site with any Personally Identifiable Information from any source, unless you explicitly submit that information via a fill-in form on the website.
Competizer may use redirections based on country identification by IP address of the computer used for internet browsing. Furthermore in competitions with activated voting users IP addresses are stored. Those data are not bound with any other data and are used to prevent fraud and abuse related to the voting.
17. Final Provisions
These general conditions are available on the www.competizer.com website for all potential Purchasers, Users and Participants. Providing of Services by Webest is subject to the Polish law. The Parties submit disputes arising in connection with the Service to the jurisdiction of Polish courts, appropriate for Webest registered seat.
In the event when any of the ToS provisions will be recognized as invalid, illegal or unenforceable, this shall not exclude the binding force of the remaining part of the ToS.