Terms of Use of the PLNDesign.com Website

The PLNDesign.com website is made available to internet users free of charge. By starting to use the website, you agree to the terms set out on this page.

I. INTRODUCTORY PROVISIONS

  1. The PLNDesign.com website is made available to Users by PLN Design Marcin Kieliszek, with its registered office at Przędzalniana 55/2U, 90-347 Łódź, Poland, VAT ID: PL726-247-89-01, REGON: 363992049, hereinafter referred to as the Service Provider or PLNDesign.com.
  2. The PLNDesign.com Website operates in accordance with these Terms of Use. The PLNDesign.com Website is intended for adults.
  3. Users may use third-party websites and services through the PLNDesign.com Website by means of links to third-party websites. In such cases, the terms of service or other documents specified by the third parties providing the service or operating the website concerned apply, and the Service Provider is not a party to the contracts for the provision of electronic services concluded between the User and the third party in this respect.
  4. These Terms of Use set out the general rules constituting the legal basis for using the PLNDesign.com Website. Every User is obliged to comply with these Terms of Use from the moment they take any steps towards using the PLNDesign.com Website.
  5. Before starting to use the PLNDesign.com Website, Users are obliged to read these Terms of Use.
  6. In matters not governed by these Terms of Use, the applicable provisions of Polish law shall apply, and any disputes shall be resolved by the competent Polish courts.

II. DEFINITIONS

  1. PLNDesign.com Website, Website – an organised internet platform consisting of web pages and other online tools made available via the internet, owned by PLNDesign.com and available at www.PLNDesign.com or at any other address to which PLNDesign.com holds the rights, marked with the PLNDesign.com logo or otherwise identified as part of the Website;
  2. User – any adult who uses the PLNDesign.com Website and the Services available on the PLNDesign.com Website in any way;
  3. Partner – any entity cooperating with PLNDesign.com under a relevant agreement;
  4. Services – services provided electronically by the Service Provider to Users, available on the PLNDesign.com Website, enabling in particular: a) access to materials prepared by PLNDesign.com or Partners, b) use of the IT mechanisms operating within the Website;
  5. Materials – texts, photographs, graphics, charts, video materials, multimedia materials, etc., in particular those constituting a work within the meaning of the Polish Act on Copyright and Related Rights.

III. RULES FOR USING THE PLNDESIGN.COM WEBSITE

  1. Within the PLNDesign.com Website, the User may in particular use the following Services: a) accessing Materials made available in such a way that the User can access them at a place and time of their choosing, regardless of the type and operation of the device or application used for this purpose, via the web pages of the PLNDesign.com Website, web applications, or telecommunications services via telephones and other mobile devices (e.g. SMS/MMS) or via RSS feeds; b) posting Materials for presentation on the PLNDesign.com Website as part of the hosting service provided by the Service Provider, consisting in making space on the Service Provider’s servers available to the User.
  2. Services are provided to Users on the PLNDesign.com Website on the terms set out in these Terms of Use, with the exception of Services described in separate terms.
  3. Subject to point 4 below, a contract for the provision of Services on the PLNDesign.com Website is concluded between the Service Provider and the User when the User enters the relevant URL of a PLNDesign.com Website page in their web browser or launches the relevant application, etc., and the contract for the provision of Services on the PLNDesign.com Website is terminated when the User closes the PLNDesign.com Website page or application.
  4. The procedure and conditions for concluding and terminating contracts for the provision of Services governed by separate terms are set out in the respective terms for those Services.
  5. Unless the separate specific regulations concerning a given Service or Website referred to in Chapter I point 6 of these Terms of Use provide otherwise, the User’s use of a Service on the PLNDesign.com Website is free of charge.
  6. The Website presents Materials, including informational content and advertising content referred to in point 7 below.
  7. The Service Provider has the right to place advertising content relating to the services and goods of the Service Provider or Partners on the PLNDesign.com Website. Such advertising content forms an integral part of the PLNDesign.com Website and the Materials presented on it.
  8. Please send any remarks, comments and questions concerning the PLNDesign.com Website to: [email protected].

IV. INTELLECTUAL PROPERTY

  1. The PLNDesign.com Website and the Materials it contains, including works, trademarks and databases, as well as their selection and arrangement on the PLNDesign.com Website, are protected under the applicable laws, in particular the Polish Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2006, No. 90, item 631, consolidated text, as amended), the Act of 27 July 2001 on the Protection of Databases (Journal of Laws of 2001, No. 128, item 1402, as amended), the Act of 30 June 2000 – Industrial Property Law (Journal of Laws of 2003, No. 119, item 1117, consolidated text, as amended) and the Act of 16 April 1993 on Combating Unfair Competition (Journal of Laws of 2003, No. 153, item 1503, consolidated text, as amended).
  2. The rights to the works, trademarks and databases made available on the PLNDesign.com Website belong to the Service Provider or to third parties. Where these rights belong to third parties, the Service Provider presents the works, trademarks and databases on the PLNDesign.com Website on the basis of relevant agreements concluded with those parties, in particular licence agreements and agreements transferring economic copyrights, or on the basis of the applicable laws.
  3. By using the works or databases made available on the PLNDesign.com Website, Users do not acquire any rights to, or obtain any licence for, those works or databases.
  4. Without the Service Provider’s prior consent, Users may use the PLNDesign.com Website and the works and databases published on it only within the scope of permitted use provided for in the Act on Copyright and Related Rights and the Act on the Protection of Databases. In particular, the following are prohibited: a) reproducing, modifying, blocking, publicly performing and publicly making available on the internet the PLNDesign.com Website or any part of it, or the works published on the PLNDesign.com Website or any part of them, except in cases specified in the applicable laws; b) extracting the contents of databases and re-using them in whole or in a substantial part, whether evaluated qualitatively or quantitatively.
  5. By submitting Materials for publication on the PLNDesign.com Website, the User declares that the Materials are free from any physical and legal defects and third-party claims, and that they hold all rights and consents required by applicable law, in particular economic copyrights and image rights, for the Materials to be made available on the PLNDesign.com Website, and that this will not infringe any rights or personal interests of third parties. The User further declares that the content and form of the Materials do not violate applicable law.

V. RIGHTS AND OBLIGATIONS OF PLNDESIGN.COM WEBSITE USERS

  1. The User undertakes to use the PLNDesign.com Website in accordance with applicable law, social and moral norms, these Terms of Use and the principles of online conduct (netiquette), and in particular: a) not to post content supporting or promoting radical social attitudes or views (any form of discrimination on grounds of race, ethnicity, sex, religion, etc.); b) not to post vulgar content or content containing profanity; c) not to post content generally regarded as offensive or contrary to good morals; d) not to post content promoting the use of drugs or unauthorised intoxicating substances, promoting excessive alcohol consumption, containing links to websites that violate the law or good morals, or containing personal data, contact details or email addresses; e) not to distribute pornographic content; f) not to engage in commercial, advertising or promotional activities; g) conducting any penetration tests or security tests of the PLNDesign.com Website is not permitted.
  2. The User undertakes not to infringe the rights, in particular economic copyrights, or personal interests of third parties.
  3. The User bears sole responsibility for the Materials they post on the PLNDesign.com Website and, in particular, is liable for any infringement of the rights or personal interests of third parties and for any resulting damage.
  4. The User is prohibited from providing unlawful content to the PLNDesign.com Website.
  5. PLNDesign.com will make every effort to ensure that the Website and Services operate continuously without any disruption, but does not guarantee their uninterrupted availability. The preceding sentence does not apply to paid Services offered within the Website, if any such Services are made available.

VI. TECHNICAL REQUIREMENTS FOR USING SERVICES ON THE PLNDESIGN.COM WEBSITE

  1. To use the Services on the PLNDesign.com Website, the User needs a device with internet access and a web browser capable of displaying web pages (Internet Explorer 5.5 or later, or a comparable web browser, is recommended).
  2. Separate terms for individual Services may specify additional technical requirements for using those Services.

VII. PERSONAL DATA

  1. When using certain Services on the PLNDesign.com Website, the User may provide their personal data. Providing personal data is voluntary but may be necessary for the provision of a Service on the PLNDesign.com Website. The Service Provider will process Users’ personal data in accordance with the applicable laws, in particular the Polish Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2002, No. 101, item 926, consolidated text, as amended) and the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2002, No. 144, item 1204, as amended).
  2. The controller of Users’ personal data is PLNDesign.com, unless separate terms or a form relating to a given Service provide otherwise.
  3. The Service Provider will process Users’ personal data solely for the purpose of performing a given Service and to the extent necessary to perform it. Users’ personal data will be processed for any other purpose only after obtaining the User’s consent and within the scope specified in that consent.
  4. Every User has the right to access their personal data, as well as the right to correct it and request its deletion. To do so, please write to the Service Provider at PLNDesign.com, Przędzalniana 55/2U, 90-347 Łódź, Poland, or send an email to: [email protected]. Where personal data is necessary to perform a given Service, a request to delete that data is equivalent to a notice terminating the contract for the provision of that Service.

VIII. COMPLAINTS PROCEDURE

  1. Every User of the PLNDesign.com Website has the right to submit a complaint concerning the operation of the PLNDesign.com Website.
  2. Complaints should be submitted by email to: [email protected] or by post to: PLNDesign.com, Przędzalniana 55/2U, 90-347 Łódź, Poland.
  3. The Service Provider will consider the complaint within 14 days of receiving it.
  4. The response to the complaint will be sent to the User at the address provided by the User in the complaint.
  5. The Service Provider reserves the right to extend the period specified in point 3 above by no more than 10 days if considering the complaint requires unusual or special actions and findings, or encounters obstacles beyond the Service Provider’s control and not caused by the Service Provider (hardware failures, internet network failures, etc.). The Service Provider further reserves that considering a complaint may require obtaining additional explanations from the User; the time taken by the User to provide explanations extends the complaint consideration period accordingly.
  6. A User who is a consumer may use out-of-court dispute resolution before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Łódź. Information on the procedure and a list of entities authorised to resolve consumer disputes is available at: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
  7. A User who is a consumer may also use the EU online platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
  8. The Website Administrator agrees to participate in out-of-court consumer dispute resolution proceedings – contact via the Administrator’s email address indicated in these Terms of Use.

IX. FINAL PROVISIONS

  1. To the extent permitted by applicable law, PLNDesign.com reserves the right to amend and modify these Terms of Use for important reasons relating to the technical or substantive aspects of the Website’s operation, in particular in the event of changes in applicable law. Changes to the Terms of Use will be communicated to Users on the Website and when the User logs in to the Website.
  2. Once information about changes to the Terms of Use appears on the Website’s home page or in other places designated for this purpose on the Website, the User should promptly read the changes, as logging in to and using the Website after such an announcement constitutes the User’s unconditional acceptance of the new Terms of Use.
  3. These Terms of Use and all amendments to them enter into force on the date of their publication on the Website.
  4. PLNDesign.com has the right, for important reasons, to discontinue the provision of Services, modify the Website and introduce new Services to the Website. PLNDesign.com will inform Users of the above with appropriate notice, in particular by posting a relevant announcement on the Website. The above changes will not infringe Users’ acquired rights.
  5. PLNDesign.com reserves the right to restrict selected users’ access to some or all of the content presented on the Website if those users use hardware or software that affects how content presented on the Website is received, in particular software that restricts or disables the display of certain content from the Website.

X. AVAILABILITY OF THE TERMS OF USE

The current version of these Terms of Use is always available for download at https://plndesign.com/terms-of-use/.