(later called “the Terms”)
1.1 Administrator of the Platform is Cooklet Sp. z o.o., ul. Rzeznicza 28-31, 50-130 Wroclaw, registered in the register of business operators kept by the District Court for the City of Wroclaw under the number KRS 0000378050, REGON: 021461578, NIP (VAT-ID:) 8971770584, hereinafter referred to as "Publisher".
1.2 The Terms define rules for the use of Platform by registered users and unregistered users. Applicable are also Special Rules that may be established and made available on the Platform's sub-pages in conjunction with the corresponding functions or in the Legal tab. The same applies to other information made available to Users in the Legal tab. In the event of a discrepancy between the Terms and the Special Rules, priority in the application will have the regulations of the Special Rules.
1.3 As soon as the first steps to implement the use of Platform are taken the Users are required to read (ie read carefully and in case of doubt or uncertainty contact the Publisher) the Terms, the Special Rules, other regulations and any specific information available in the Legal tab and to abide to the regulations contained therein. Beginning the use of the Platform, the Users acknowledge that have read, understood and accept the contents of the Terms, the Special Rules, other regulations and any specific information available in the Legal tab and declare the abidance of all the regulations contained therein.
1.4 The Publisher reserves the right to change, modify and update the Terms, the Special Rules, other regulations and any other specific information available in the Legal tab. Any changes, modifications and updates become effective when posted on the Legal tab, unless the Special Rules regulations state otherwise. User is obliged to read regularly the information available on the Legal tab or on other sub-pages of the Platform, because the use of the Platform, after the announcement of changes, modifications or updates on the Legal tab or on other sub-pages of the Platform, means unconditional acceptance by User of the new content.
1.5 In the event of User's breach of any of the Platform's regulations provided in the Terms, the Special Rules, other regulations and any other specific information available in the Legal tab, or applicable law, the Publisher shall be entitled to temporary suspension of User's account or permanent exclusion from the Users of the Platform without notice and without preservation of any periods of notice.
Whenever in the Terms, the Special Rules, other regulations and any other specific information available in the Legal tab, and in other writings and statements made by the Publisher or Users of the Platform the following terms are used, it should be understood by them:
2.1 "Data": all data and information, including photos, audio, video, and personal data supplied by the Users of the Platform during the registration process or while using the Platform or in correspondence sent to the Publisher, as well as placed on the Platform or made available by the Users of the Platform in the public domain in such a way that any other User of the Platform can read them. Users of the Platform bear full responsibility for the content of the Data and express a separate consent for processing them in accordance with the Terms hereof.
2.2 "User Account": separate part of the Platform, available only to the Registered User, where the User amends, changes and manages the Data and information related to the use of the Platform and conduct other activities related to the using of the Platform.
2.3 "Platform": Cooklet culinary service provided by the Publisher in the form of an on-line website available at www.Cooklet.com, mobile version available at www.Cooklet.mobi, desktop applications (Cooklet App) and application for mobile phones (Cooklet Lite), together with all available features.
2.4 "User Profile": User's Data, which were introduced by the User voluntarily to the Platform and are presented in the User Account that may be in the public domain and be accessible to all users of the Platform.
2.5 "Party" / "Parties": Publisher and / or User of the Platform.
2.6 "Unregistered User": any natural or legal person or an organizational unit not a legal person, that the law recognizes the legal capacity, undertaking activities aimed at the use of the Platform or using the Platform without being logged in the Platform.
2.7 "User of the Platform": Registered User and / or Unregistered User.
2.8 "Registered User": logged in natural or legal person or an organizational unit not a legal person, that the law recognizes the legal capacity, using the Platform after setting up the User Account by registering on the Platform, with full legal capacity.
USER REGISTRATION AND ACCOUNT
3.1 In order to use the Platform and its features proprietary and available only to Registered Users, Unregistered User must create a User Account by registering on the Platform, as well as log on to the Platform.
3.2 Registration in the Platform requires e-mail address and password of User's choice accordingly to the instructions. Publisher may make the registration conditional on providing by the User other data during the registration process. After confirming the will of creating the User Account, the User will receive an automatically generated welcome letter sent by the Publisher by e-mail with activation link. At the time of activation by clicking on the attached activation link the User Account is deemed to be established.
3.3 The final activation of User Account must be made within 30 days of receipt by the User of the Platform welcome letter with the activation link. Lack of activation of the User Account within the deadline may result in the necessity of repeating the whole registration procedure again.
3.4 Logging on to each part of the Platform is available by giving the User's e-mail address used when registering you or the chosen public username, as well as access password. Any User of the Platform may have only one User Account, which is assigned to one e-mail address.
3.5 Upon successful activation of the User account, User of the Platform declares that:
3.5.1 any Data comprised in the User Profile is current, consistent with reality and delivered voluntarily and agrees on the Data processing by the Publisher who is the administrator of the personal data;
3.5.2 is aware that the provision of the Data is voluntary, and that without giving an e-mail address at the registration process setting up the User Account will not be possible;
3.5.3 agrees to the Data processing by the Publisher that are sent in connection with the use of the Platform, as well as the IP addresses;
3.5.4 agrees to the use by Publisher of any Data for marketing and promotional, informational, conducting and publishing of statistics in the media, especially on the Internet and in mobile applications. For the same purposes the Publisher can make them available to business partners;
3.5.5 agrees to share his e-mail address and other required Data to the person claiming a violation of the laws within the meaning of § 6 section 6.4 and 6.6 of the Terms, if the analysis carried out by the Publisher shows that the User is likely to prejudice the laws,
3.5.6 agrees to receive the informational correspondence, trade and marketing and promotional messages from the Publisher and from its business partners, in particular information about the changes and new features or platforms additional services provided by the Publisher or its business partners;
3.5.7 has been advised and is aware that it is responsible for maintaining the confidentiality of the Data and that entering the Data to the part of the Platform, which is in the public domain, and that any other User of the Platform will be able to inspect them without restriction, including some with the possibility to post comments;
3.5.8 has been advised and is aware that the User of the Platform has the right to inspect his own personal data, as well as the right to correct them and request their removal by the Publisher. Such demands User of the Platform should ask in writing via postal mail to the address of the Publisher. User of the Platform may also ask the Publisher without the written form via e-mail address: firstname.lastname@example.org. Deleting User Account in accordance with § 4 paragraph 4.4 of the Terms is not synonymous with the request to delete personal data;
3.5.9 for the purposes of advertising, market research, behaviors and preferences of the Users of the Platform which are intended to improve the quality of the Platform, User agrees not remove the signs identifying the User of the Platform, including IP addresses, in connection with the compilation of the use of the Platform for processing.
3.6 The data provided in the public domain can be monitored and moderated by the Publisher, and modified or removed if they violate the law, the provisions of the Terms, the Special Rules, other regulations and any other specific information available in the Legal tab, or infringe the rules of propriety, decency, morality, or the legitimate interests of the Publisher and his business partners or other Users of the Platform. Rights of the Publisher referred to in the first sentence should not be construed as an obligation or a guarantee of regular moderation.
3.7 User of the Platform is not allowed to use the User Accounts that are assigned to other Users of the Platform and share the User Account with other Users of the Platform. User of the Platform should keep secret the access password. User Accounts are not transferable. Transfer of any rights without the express permission of the Publisher, expressed in writing under pain of nullity is inadmissible.
3.8 If the User of the Platform learns a reasonable suspicion that safety of the User Account is endangered (eg in case of loss, loss or theft of data access or finding illegal actions of third parties, including hacking), is obliged to immediately inform the Publisher. Information can be sent to the e-mail address: email@example.com.
LOCK, SUSPENSION AND REMOVAL OF THE USER ACCOUNT
4.1 In the event of breach by the User of any of the provisions of the Terms, the Special Rules, other regulations and any other specific information available in the Legal tab, or applicable law, the Publisher shall be entitled to temporary suspension of User Account or removal from the Platform in whole or in part without prior notice and without compliance with notice periods.
4.2 Publisher may restore the functionality of User Account temporarily suspended, unless:
4.2.1 User ot the Platform in order to benefit from the Platform will implement all actions and activities mandated by the Publisher as necessary to remove the causes of the temporary suspension;
4.2.2 elapsed period of time specified by the Publisher, which provides a penalty for violation of the provisions of the Terms, the Special Rules, other regulations and any other specific information available in the Legal tab;
4.3 Publisher may terminate User Account in its entirety without notice and without maintaining the periods of notice if
4.3.1 User of the Platform has not logged on to the Platform within 12 months from the date on which the user is logged on the Platform for the last time;
4.3.2 User of the Platform has delivered a statement to the Publisher that does not accept any amendments, modifications or updates of the Terms, the Special Rules, other regulations and any other specific information available in the Legal tab;
4.3.3 User of the Platform has not carried out the actions and activities referred to in § 4 paragraph 4.2 point 4.2.1 of the Terms, within 3 months from the date on which the User Account has been temporarily suspended;
4.3.4 Publisher determines that User of the Platform acts directly or indirectly intending to interfere with the structure, in particular the elements of software of the Platform, without being authorized to do so;
4.3.5 User of the Platform actions violate the principle of propriety, good manners, morals, or the legitimate interests of the Publisher, his business partners or other users of the Platform, or otherwise destabilize the functioning of the Platform;
4.3.6 Publisher finishes business activity, changes business profile, or announce bankruptcy.
4.4 Registered User can remove User Account. Also the request to remove personal data submitted by the User of the Platform may, depending on the extent, lead to removal of the User Account by the Publisher.
4.5 With the removal of User Account or Registered User by the Publisher, User Profile will be automatically deleted. Data belonging to the public domain will not be removed along with the removal of User Account and without the need to express a separate agreement the Data will still be available to all other Users of the Platform.
4.6 The Publisher reserves the right to temporarily block the user accounts or access to certain features on the Platform if it is determined that safety of User Account is compromised. Publisher may condition further use of the User Account by a Registered User on making certain changes, in particular changing the access password.
4.7 The consequence of removal, temporary suspension or blocking User Account is a permanent or temporary lack of access to services and proprietary features available only to Registered Users. Removal, temporary suspension or blocking of User Account may result in termination of all or some services, the provision of which began before the removal, temporary suspension or disabling the User Account, if their use requires from technical or system reasons to have an active User Account.
4.8 Removal from the Platform, temporary suspension or blocking User Account is not synonymous with termination of a license agreement referred to in § 7 of the Terms.
RULES OF USING THE PLATFORM
5.1 The Platform can be used only by the Users of the Platform who have full legal capacity unless they use the platforms as the Unregistered Users. Publisher does not allow for the creation of User Accounts in the way of registration by the Platform Users who do not have full legal capacity.
5.2 Unregistered Users cannot use the parts and functions of the Platform, which are reserved and are available only for Registered Users. Unregistered User becomes a Registered User in the moment of logging in to the Platform which is preceded by successful setting up of the User Account by registration in the Platform.
5.3 User of the Platform is not allowed to put any Data to the Platform, which contain the content of advertising, promotion and marketing, commercial or considered as a 'spam', as well as links to such content. The same applies to trademarks of third parties, the names under which the companies operate a third party business or business names. In case of doubt, it is considered to be spam, any content that the User of the Platform introduced more than once in small intervals.
5.4 User of the Platform is not allowed to put any Data to the Platform that violates the law, including the content widely regarded as vulgar and/or offensive, pornographic, erotic or obscene, or likely to offend the feelings of other people, including religious and political feelings. The same applies to any Data, content of which depicts or encourages conduct constituting a crime, violence, racism or homophobia. The prohibition referred to in the first and second sentences apply to the appropriate links to such content.
5.5 User of the Platform is not allowed to put any Data to the Platform, content of which indicates the intention to establish by the User of the Platform sexual contact with another User of the Platform or action referred to as virtual sex. The same applies to the transmission of such Data via the Platform (such as email, internal messaging, chats, etc.).
5.6 If any User of the Platform learns a reasonable suspicion that the Data put on the Platform by another User violates any provisions of the Terms, in particular §5 paragraphs 5.3 - 5.5 of the Terms, shall promptly notify the Publisher. Notification of abuse should be made via electronic form on-line available in certain parts of the Platform in accordance with instructions given or via e-mail address firstname.lastname@example.org.
COPYRIGHT AND OTHER RIGHTS
6.1 With the introduction of any Data to the Platform, in particular the constitutive and/or partial elements of the recipe, the User of the Platform declares that
6.1.1 no part of the Data introduced (e.g. photo, video, title, description, how to cook and others) does not affect any personal or property rights of third parties, in particular copyright, trade marks or trade secrets, and
6.1.2 has all the necessary powers to introduce the Data to the Platform on the principles set out in the Terms and to draw up the license agreement referred to in § 7 of the Terms, i.e., is the author of the Data or is authorized by the author of the Data or authorized trustee of the rights.
6.2 User of the Platform is aware that due to a statement declaration referred to in § 6 paragraph 6.1 of the Terms, claims full legal responsibility. In the event of any claims by third parties (including by other Users of the Platform) against the Publisher, Publisher shall notify the User of the Platform, who is obliged to immediately undertake and clarify the matter and take any appropriate action in order to demonstrate the illegitimacy of such claims at its own expense and risks, including providing the Publisher all necessary Data and information. If the claims prove well founded, the User of the Platform undertakes to satisfy them fully, in the case of adjudge of any sum of money directly or indirectly from the Publisher, the User of the Platform, who introduced the Data, undertakes to repay the Publisher the amount adjudicated plus expenses and fees connected to judicial proceedings, including the costs of court proceedings and attorney representation. User of the Platform will be required in addition to repair the damages on the base of general law.
6.3 The provision of § 6 paragraph 6.2 of the Terms shall apply to situations where legitimate claims by a third party toward the Publisher will be responsible for a particular act or omission which is related to the obligation to pay a specified sum of money (e.g., publication in newspapers), or loss of a sum of money.
6.4 Any User of the Platform or any other person whose personal or property rights, especially copyright, trademarks, or trade secrets, have been affected by any particular User of the Platform by introducing the Data to the Platform, in particular the constitutive and/or partial elements of culinary recipe, it shall immediately notify the Publisher.
6.5 Notification of the infringement of the rights by third parties referred to in § 6 paragraph 6.4 of the Terms, should be made via electronic form on- line available in certain parts of the Platform, particularly in the descriptive part of the recipe (link "report abuse") in accordance with given instructions or in writing to Publisher's address, but the notification should contain the following information:
6.5.1 a statement of the declarant, that certain data in the Platform violate the law (eg, "hereby declare that the photograph appearing in the description of the recipe has been placed by Cookleter # 24 under the title Greek salad infringes my copyright")
6.5.2 The precise Data (text, photos, video, etc.) and user platforms, which introduced the Data Platform together with the URL web address at which data were available,
6.5.3 to determine under whose laws the person declaring the rule of law have been violated,
6.5.4 explain what the violation is reported (eg, illegal copying and making available photos, unlawful use of soundtrack, etc.)
6.5.5 provide information on the original work protected by law (text, photos, video, etc.), if possible together with the URL Internet address at which the publisher can find a song
6.5.6 provide personal information and contact details of the reporter, ie, the name of business or company, address or place of business and e-mail address, which Publisher will be able to provide you with the platform, which introduced the Data Platform
6.5.7 signature of the declarant, unless a declaration of rights violation occurs through the electronic form online.
6.6 Upon receipt of the notification referred to in § 6 paragraph 6.4 and 6.5 of the Terms, the Publisher shall immediately proceed to the analysis. If a suspected violation of the applicant proves to be justified, the Publisher without delay remove certain Data from the Platform and provide e-mail notifier User Platform, which deleted data introduced into the Platform.
6.7 Platform Users can use any Data entered by Registered Users, in particular the forming and / or making up the recipe, with no territorial restrictions on fair use as defined by applicable law. Any modification, recording, reproduction, distribution, public performance or other kind of use, if this commercial purposes, requires the prior consent of the publishers, which should be expressed in writing, under pain of nullity, or consent of the authorized user of the Platform.
6.8 Content of the Platform other than as specified in § 6 paragraph 6.7 of the Terms, in particular, all trademarks, arrangement of the Platform, all graphics, source code, software and other belongs to the publishers and is subject to full legal protection.
7.1 If any Data in the Platform by a Registered User, in particular the forming and / or make up the recipe, are subject to legal protection under the law applicable (eg track forming an image under copyright law of the country), the User Account as soon as the Data for these platforms empowers the Publisher to make free use of them, including commercial, without time limits and territorial operation of any known fields, or even those that may arise in the future (non-exclusive royalty-free license.) Publisher may also authorize other persons to use the Data referred to in the first sentence of the license obtained. A license agreement may be terminated by either Party.
7.2 If under the applicable law (the law of the country) a provision of § 7 paragraph 7.1 of the Terms will be invalid, it shall be replaced by the provisions of § 7 paragraph 7.3 to 7.5 of the Terms.
7.3 If any data in the Platform by a Registered User, in particular the forming and / or make up the recipe, are subject to legal protection under the law applicable (eg track forming an image under copyright law of the country), the User Account as soon as the Data for these platforms empowers the Publisher to make free use of them, including commercial, for a period of 25 (say: twenty-five) years without any territorial restrictions within the range indicated in § 7 paragraph 7.4 of the Terms (non- exclusive royalty-free license.) Publishers may also authorize other persons to use the Data referred to in the first sentence of the license obtained. After 25 (in words: twenty five) years, the license shall be deemed granted for an indefinite period, unless the user platform, which it has granted, or the publisher will make a statement opposing the latest in the final year of the license. License granted for an indefinite period either party may terminate the 5 (five) years in advance, at the end of the calendar year. Both the notice and statement of not expressing the willingness on the renewal of a license for an indefinite period shall be in writing under pain of nullity.
7.4 The license referred to in § 7 paragraph 7.3 of the Terms, includes the following fields of operation:
7.4.1 in the preservation and reproduction: both permanent and temporary reproduction of Data in whole or in part by any means and in any form and technique for producing copies of any Data, in whole or in part, the technique of printing, reprographic, magnetic recording and digital technique;
7.4.2 in the field of trade in the original or the copies on which the data had been recorded: the marketing (sales), lending, leasing or renting the original or copies in whole or in part;
7.4.3 for dissemination in a manner other than specified in § 7 paragraph 7.4 of the Terms of 7.4.2: public performance, exhibition, display, playback, and broadcasting and re-broadcasting, making the use of magnetic tapes and magneto media and communication to the public in its entirety or in part in such a way that everyone can have access to the place and time individually chosen by them (eg Internet, mobile telephony, mobile applications, in particular the use of UMTS and GPRS terminals, touch, interactive forms of communication);
7.4.4 create and distribute derivative works, conduct studies of data, including, in particular, modifying recipes, translations, making corrections, abbreviations, alterations, adaptations, combining with other works, even without the author's supervision,
7.4.5 publish in the media and use in any advertising material.
7.5 In the event of a life than the other fields mentioned in § 7 paragraph 7.4 of the Terms of unknown at the time of licensing, user platforms, which gave publishers non-exclusive royalty-free license in accordance with § 7 paragraph 7.3 and 7.4 of the Terms, agrees to authorize contractors to use the Data exploitation of new fields to the same extent.
7.6 User of the Platform, which granted non-exclusive royalty-free license to the Publisher accordance with § 7 paragraph 7.1 of the Terms, permit publishers without limitation in time, space, and the extent of the preparation, disposal and use of such data studies, preparation of translation, alterations, adapting and combining part or all of the other data, even without the author's supervision.
7.7 User of the Platform, which granted non-exclusive royalty-free license Publishers accordance with § 7 paragraph 7.1 of the Terms or § 7 of paragraph 7.3 and 7.4 in conjunction with § 7 paragraph 7.2 of the Terms, agrees to perform by the Publisher any rights under this Agreement without the determination and / studies or their first and last name (or alias designation) Registered User, who introduced the Data to the Platform.
8.1 Publisher represents and clearly indicate all users of the Platform, the platform with all its elements, a social networking and entertainment. In no event should not be regarded as a network location allowing the promotion of health or exchange any information and advice on medical, pharmaceutical or dietary. None of the information made available by anyone in the Platform is intended to aid in the diagnosis, prevention activities, treatment, diet determination, nor does it constitute grounds for taking any medical action. In order to determine the diet, to obtain any medical or pharmaceutical advice, please contact the relevant persons to provide such advice, as well as performing acts of medical, pharmaceutical, dietary, etc. (ie doctors, pharmacists, dieticians, etc.). Publisher does not assume any liability for the content of the data entered by Users to the Platform Platform.
8.2 Publisher agrees not monitor and has no effect on (links) to third party websites included in the Platform by Users of platforms, nor the content of third party websites or other users of the Platform, which links (links) redirect. You will not be liable for any content provided on the pages or sites of third parties or other Users of the Platform, which was redirected Platform User by clicking on the link (link) located in the Platform or the third party website or other user of the Platform.
8.3 Publisher agrees not to keep a permanent monitoring data entered by Users to the Platform Platform. All data entered into the public domain by Users platforms (eg blogs, forums, chat rooms or parts of platforms to enable commenting, etc.) represent the opinions, comments, or post only platform users, who introduced them to the Platform. They are not automatically opinions or views of the Publisher. Therefore, you will not be held responsible for the content of the data entered by Users to the Platform Platform. The provisions of § 5 para 5.6 and § 6 paragraph 6.6 of the Terms of Procedure shall apply mutatis mutandis.
8.4 The platform was made available by the Publisher in a prominent position, and each user uses the Platform Platform at your own risk. The publisher does not ensure, in particular compliance with the state of real integrity and veracity of data, no errors in the Platform, to achieve fitness for a specific purpose or purposes, the continuous and unimpeded access to the platforms, access for a predetermined time, or access platforms in general, lack of viruses and other harmful programs or applications that can be transmitted through the Platform. Publisher, in particular, shall not be liable for technical problems or technical limitations occurring on the hardware or mobile, from which a user platforms, for the consequences arising from the entry by third parties or other users in the possession of Platform password to access the User Platform for damages incurred by the User Platform due to dangers on the Internet or mobile networks, in particular the intrusion into the user platform or infected with viruses or other harmful programs, or for any consequences arising from the use of platforms in a manner inconsistent with the provisions of the Terms, regulations or other specific provisions of available on the Legal tab.
8.5 The publisher does not ensure continuous or seamless data transfer capacity, or the possibility of data transfer at all between certain components of the platform, between platforms www.Cooklet.com website and its mobile version for mobile phones at either www.Cooklet.mobi between the website and applications www.Cooklet.com platforms: a desktop (Cooklet App) and cellular (Cooklet Lite). Publisher is not responsible for the inability to transfer the Data or any delay in connection with such transfer.
9.1 Publisher shall make the Terms, regulations and other specific information published in the Legal tab in different languages, versions of which only in Polish are authoritative and binding on the Parties. All versions of the Terms, regulations and other specific provisions of the Legal tab published in languages other than Polish language are informational only.
9.2 In the event of invalidity of certain provisions of the Terms, regulations or other specific information available in the Legal tab, then the provisions will be replaced by a void other provisions, important in light of applicable law, the content to the fullest possible extent permitted by law, corresponds to the common intention of the Parties agreed, in particular taking into account goal, wording and nature of the provisions invalid. Other provisions of the Terms, regulations or other specific information available in the Legal tab, but will remain in force.
9.3 The Terms, regulations and any other specific provisions provided in the Legal tab, as well as relations and legal action resulting from and made in pursuance thereof shall be governed by the Polish Republic. If the law permits, and any disputes will be settled by a competent court of law in Wroclaw (Poland).