Terms and Conditions
Please read the following Terms of Service carefully before creating an account on the Service. Creating an account means that the User:
- Has read the Regulations and agrees to all of their provisions
- undertakes to use the Service in accordance with the law
- Agrees to the processing of his/her personal data to the extent specified in the Regulations.
Regulations for the use of the dailynews4us.com website and the Service’s policy on copyright protection:
1.1 Terms used in the Regulations shall mean:
1.1.1. User’s e-mail address – electronic mail address, the sole disposer of which is the User, necessary to perform authorization while gaining access to the User’s Account, established by the User during the Registration process.
1.1.2 Failure – shall mean a condition of the Service, which prevents the User from using it, however, excluding the situation in which the inability to use the Service results from the period of suspension or interruption in the provision of the Service permitted under the Regulations; or is a result of a breach of the Regulations by the User; or is a result of Force Majeure; or which occurred in the telecommunication infrastructure used by the User.
1.1.3 Password – a sequence of alphanumeric characters necessary for authorization during access to a User Account, set by the User during the Registration process.
1.1.4 Comment: a written expression of an opinion by a User on Content to which reference has been made by another User.
1.1.5 User Account (Account, profile) – an account to which the User can access only after a one-time Registration and each time providing the User Name and Password, through which the User places a reference (link) to Content; an Account may contain other information about the User, pursuant to the functionality of the Service offered at a given time. Change of data within a User Account (including files uploaded to the Service) is possible after prior login to the Account by the User (User Name and Password required).
1.1.6 User Name (login) – a sequence of alphanumeric characters necessary for authorization in the process of access to the User Account, determined by the User during the Registration process.
1.1.7 Registration – a single action consisting in creation of a User Account by the User, performed with the use of an administration panel made available by the Service Provider on the Site.
1.1.8 Regulations – these Regulations of the Website available at: www.dailynews4us.com/privacy
1.1.9 Site – the Internet service that enables the Users to store Content, at dailynews4us.com, through which the Service is provided.
1.1.10 Parties – Provider and User.
1.1.11. Force Majeure – an extraordinary event external to the Party, beyond the Party’s control, which the Party could not prevent with exercising due diligence.
1.1.12 Content (Content) – content and multimedia objects (e.g. information, data, graphic files, photographs or films) including works as defined by the Act on Copyright and Related Rights and images of natural persons, which are uploaded by the User through the Account.
1.1.13 Agreement – an agreement for provision of services electronically between the Parties.
1.1.14 Service – the hosting service provided by the Service Provider pursuant to the rules set forth in the Regulations and through the Service, which consists in providing the User with telecommunication and IT tools for the purpose of storing – within the User Account – the Content uploaded by the User.
1.1.15. Service Provider – Cube Investments Sp. z o.o.
1.1.16. Copyright and Related Rights Act – The Act on Copyright and Related Rights of 4 February 1994 (Journal of Laws of 1994, No. 24, Item 83, as amended).
1.1.17. Personal Data Protection Act – Personal Data Protection Act of 27 August 1997. (consolidated text: Journal of Laws of 2002, No. 101, item 926 as amended)
1.1.18. Act on Providing Services by Electronic Means – Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws 2002, No. 144, item 1244 as amended).
1.1.19. User – a natural person over 18 years of age. If the User is under 18 years of age, the consent of his/her legal representative shall be required.
II. General provisions.
2.1 These Regulations determine the rules of using the website available at dailynews4us.com by the Users and the services offered through it.
2.2 These Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on electronic services (Journal of Laws of 2002 No. 144, item 1204 as amended).
2.3 The name of the Service, its concept, graphic design, software and database, as well as graphic elements of the Pages, which are made available to the Users by the Service, are subject to legal protection.
2.4 Use of the Site and services offered through the Site means that the User agrees to the conditions specified in these Regulations.
2.5 The Service Provider reserves the right to restrict access to selected services offered through the Site to Users who fulfil specific conditions. Reservations concerning the possibility of using selected services will be placed each time on the Service website.
2.6 Pursuant to the applicable legal regulations, the Service Provider reserves the right to limit the provision of the Service through the Website to persons over 18 years of age. In such case, Users will be notified accordingly.
III. Scope and conditions of using the Service.
3.2 The scope of the Service shall include storage by the Service Provider of the Content uploaded by the User through the Account.
3.3 The Agreement for provision of services by electronic means shall be concluded upon successful submission by the User of a completed registration form in accordance with the procedure of Registration to the Service. The agreement is concluded for an indefinite period of time.
3.4 In order to start using the Service by the User, it is necessary to complete the User Registration within the Service, which is done by accepting the registration form made available on one of the sites of the Service, after filling in the proper form fields and pressing the proper button by the User.
3.5 Either party may terminate the Agreement without giving reasons and with immediate effect, subject to retaining the rights acquired by the other party prior to termination. There is no minimum period for which the Agreement cannot be terminated.
3.6 The Service Provider, wishing to terminate the Contract, shall inform the User on the email address provided by the User during the Registration process within 14 days before the planned date of deletion of the User Account.
3.7 The User terminates the Contract by independent deletion of the Account from the user panel. All account data will be deleted from the service database after a year from the date of deletion of the account.
3.8 The User agrees to comply with the provisions of the Regulations. 3.10. The Service Provider reserves the right to modify the technical manner of performance of the Service, according to the scope and conditions resulting from its authorizations, and according to its technical capabilities, without deterioration of its quality and without affecting the rights and obligations of the Parties.
3.10. In order to ensure the security of message transmission in connection with the Service provided, the Service Provider shall take technical and organizational measures appropriate to the degree of security threat to the Service provided.
3.11. The Service Provider reserves the right to send the User to his/her account on the Site technical and system information on the operation of the Site, which do not constitute commercial information within the meaning of the Act on Electronic Provision of Services.
3.12 In case of provision of the Service the Provider is not a provider of the Internet service. In order to use the Service the User shall obtain his/her own access to a computer station, which makes it possible to use the Service via the Website.
IV. User Registration.
4.1 During the Registration process, the User performs actions which consist of:
4.1.1. confirmation that he/she is familiar with the content of the Regulations and that he/she accepts its provisions,
4.1.2. Filling in the form available on the Site,
4.1.3. providing the User’s Name, Password and e-mail address, which requires confirmation by clicking on the link (reference) contained in the message sent to that address by the Service Provider,
4.1.4. gaining access to the User Account by using the User Name and Password.
4.2 Together with the Registration, the User obtains access to the User Account, which is provided by the Service Provider each time after the User enters the Password and User Name.
4.3 During the Registration as well as during the use of the Service, the User is obliged to:
4.3.1. provide data that is truthful, accurate and up-to-date, not misleading and not infringing the rights of third parties,
4.3.2. update the data provided in the registration form immediately after each change of the data. The update of the data shall be made within the User Account,
4.3.3. keep the Password in secret and not to make it available to other persons.
4.4 The User shall be solely responsible for the content of the data provided by him as well as for the choice of the User Name and Password, including liability for a possible infringement of third party rights in connection with the choice of the User Name and Password. The User is also solely responsible for disclosing his Password to other persons.
V. Copyrights to posted Content and notification of infringement.
5.1 You declare that to the extent necessary to use the Service and the Content to which you post references (links), you have:
(a) author’s economic rights and related rights to the Content constituting works within the meaning of the Act on Copyright and Related Rights,
b) exclusive industrial property rights,
c) the rights in the use of image of performers; and
d) rights to mark with titles of the aforementioned works constituting the Content and with names or surnames of performers or their bands.
5.2 The posting by the User of references to the Content within the Service shall occur through the User Account.
5.4 In particular, it is forbidden to place within the Service references to Content, Comments and User Names which:
a) would be posted within the Service in bad faith, e.g. with the intention of violating the personal rights of third parties and the Service Provider’s reputation;
b) would be offensive or constitute or may be considered a threat directed at other persons, would contain vocabulary violating good morals (e.g. through the use of vulgarisms or expressions commonly regarded as offensive;
c) Violate any rights of third parties, in particular the rights of other Users of the Service,
d) infringe rights related to copyright protection and related rights, protection of industrial property rights, business secrets or related to confidentiality obligations,
e) violate in any other way the provisions of the Terms of Service, provisions of the law in force, social norms or customs (e.g. contain content propagating violence, pornographic content, inciting racial, religious or ethnic hatred, violating religious feelings).
5.6 In the content of the Report of Violation referred to in 5.6 above, it is necessary to provide at least the data of the entity making the aforementioned report, to specify the nature of the violation and to indicate the Content, Comments or User Name to which the Report of Violation pertains in a manner that makes it possible to identify them within the Service.
a) remove the reference to the Content, Comments or User Name in question and/or
b) delete the User Account to which the infringement refers; and/or
c) prevent the User who is the subject of the reported infringement from registering again; and
d) prevent the User who is the subject of the Notification of Infringement from re-contracting the Content, Comment or User Name within the Service.
5.9 The User, by posting a reference to the Content within the Service, thereby consents to its use by other Users, within the scope of their permitted personal use.
5.10. The Service Provider reserves the right to modify those references to the Content, Comments or User Names, as well as to remove them, which, based on its own sources or on reports from Users or other persons or authorities, it determines may constitute a violation of these Terms of Service, applicable law or damage to the good name of the Service. Nevertheless, each User should bear in mind that Service Provider does not control references to Content and Comments posted by Users within the Service.
5.11. The User is not entitled to upload personal data of third parties within the Service and to disseminate images of third parties without the required legal permission or consent of the third party. 5.11. The User declares that the persons whose image has been posted within the Service have given him a proper permission to do so.
5.12. User hereby declares that placing personal data, images and information concerning third parties through an Account and making them available within the Service was done legally, voluntarily and with the consent of the persons concerned.
5.13. By posting data, image or other Content within the Service, the User consents to access to this information by other Users and the Service Provider.
5.14. The User consents to gratuitous use by the Service Provider of the Content posted by the User within the Service on pages accessible to other users, only to the extent to which they are part of a whole image (so-called screenshot) available to all other users. 5.14. Content placed by the User on pages available to other Users of the Service, only to the extent to which they are part of the whole image (screenshot) available to all other Users of the Service website, for sharing or publication, only as part of the whole image of the Service website, on the Internet and in promotional materials concerning the Service on the Internet, in print and on television, as well as their distribution via telecommunication networks, for the purpose of information about the operation of the Service and promotion of its activity, in a manner not infringing personal rights, including the User’s image.
5.15. Content, Comments and User Names posted by Users within the Service do not express Service Provider’s views and should not be identified with its business.
5.17. In the event that the Service Provider is obliged – under applicable law – to pay any compensation, penalty or fine in connection with the claims of third parties referred to in 5.16 above, the User is obliged to immediately reimburse the Service Provider for the equivalent of such compensation, penalty or fine. The User is also obliged to immediately cover any losses or reimburse documented costs that the Service Provider has incurred in connection with the disclosure of legitimate claims of third parties referred to above.
VI. Rules of using the Service.
6.1 In particular, the User is obliged to:
6.1.1. use the Service in a manner that does not interfere with its functioning, in particular through the use of specific software or devices,
6.1.2. not to undertake such actions as: sending and/or placing on the Service not ordered commercial information; multiple registrations of the User on the Service; using the Accounts of other Users or making his/her Account available to other Users; undertaking IT actions or any other actions aiming at entering into possession of the Passwords of other Users,
6.1.3. use the Site in a manner not burdensome to other Users and the Service Provider, with respect for their personal goods (including the right to privacy) and all their rights,
6.1.4. to use any Content posted within the Service only for personal use. Use of the Content in any other scope is permitted only on the basis of explicit consent granted by the authorized person.
6.2. Accounts not used for more than 6 months after the last login, may be deleted without prior notice.
6.3. The User shall be solely responsible for the actions performed within the Service by using a valid User Name and Password.
6.5 The Service Provider may deprive the User of the right to use the Site (by blocking or deleting the User’s Account), as well as may limit the User’s access to part or all of the Site resources or services offered within the Site, with immediate effect in the case of violation by the User of these Regulations, in particular when the User:
6.5.1. provided, during Registration on the Website, data that is untrue, inaccurate or outdated, misleading or violating the rights of third parties,
6.5.3. he/she will use the Service to violate the personal rights of third parties, in particular the personal rights of other Service Users,
6.5.4. he/she will engage in other behavior which will be considered by the Service Provider as reprehensible, inconsistent with applicable law and/or general principles of using the Internet, inconsistent with the purpose of establishing the Site or detrimental to the Service Provider’s good name.
6.6 A person who has been deprived of the right to use the Site may not register on the Site again without the Service Provider’s prior consent.v
7.1 In the course of using the Service, the User shall:
7.1.1. immediately notify the Service Provider of any irregularities, defects or interruptions in the functioning of the Service and of any improper quality of the Service,
7.1.2. keep the Password confidential and exercise due diligence to prevent third parties from gaining possession of the Password,
7.1.3. comply with the provisions of the law and the content of the Terms of Service, in particular do not deliver/transmit content prohibited by the law.
7.2 Irregularities related to the functioning of the Service may be reported by the User to the following address: firstname.lastname@example.org
7.3 Through the Service Provider makes it possible:
7.3.1. obtain information about the Service,
7.3.2. receiving reports of faults and failures
7.3.3. assistance in making the Registration by the User,
7.3.4 Submitting a complaint.
7.4 The User has the right to submit a complaint within a month from the date when the Service was improperly provided. A complaint made after the expiry of the time limit specified in the first sentence shall be left without consideration, of which the Service Provider shall immediately notify the User.
7.5 A complaint may be submitted in writing or using other means of remote communication, including electronic means, unless this is not prevented by technical possibilities.
7.6 The Service Provider reserves the right to interfere with the User’s Account to the extent necessary to remove the disruption or problem in the functioning of the Account or the Service.
7.7 The date of complaint submission shall be the date of its receipt by the Service Provider.
8.1 The Service Provider shall not be liable for technical problems or technical limitations related to the computer equipment, data communication system and telecommunication infrastructure used by the User, which prevent the User from using the Site and the Service offered thereunder.
8.2. The User is solely responsible for ensuring technical compatibility between the computer equipment and telecommunication system used by him to use the Service and the Service.
8.3. You shall be liable for the acts or omissions of another entity that you enable to use the Service, as for your own acts or omissions.
8.4 The Service Provider shall not be liable for:
8.4.1. loss of Content due to equipment or system failure or other circumstances for reasons beyond the Service Provider’s control; and
8.4.2. for the content of advertisements placed in the Service by third parties, as well as the way in which the published Content will be used by Users.
8.5 The Service Provider shall not be liable for unavailability of the Site due to Force Majeure. Furthermore, the Service Provider reserves the right to suspend or terminate provision of services on the Site at any time, for any reason, in particular due to maintenance, review or development of the technical base of the Site, provided that it does not violate the rights of the User.
9.1 The Service Provider processes the Users’ personal data in order to run the Service, in particular to ensure its efficient operation, as well as to enable the provision of the Service offered by the Service to the Users.
9.2 The Service Provider reserves the right to disclose selected information concerning the User to competent authorities or third parties who will submit a request for such information on an appropriate legal basis and in accordance with the provisions of applicable law. Apart from cases indicated in the previous sentence, information concerning the User shall not be disclosed to any third party without the User’s consent.
9.3 Data concerning the User, including personal data, will be stored for no longer than it is necessary in connection with the use of the Service, and then it will be deleted from the system.
9.4 Every User has the right to access the content of his/her personal data, the right to correct and complete it and the right to demand that processing of the data be stopped and that it be deleted by writing to the Service Provider. If the data conditioning the use of separate resources of the Site and services offered within it are deleted, the User loses the possibility to use them.
9.5 The Service Provider informs that at the moment of connection between the User and the Site, information on the number (including IP) and type of the User’s final device, from which the User connects to the Site, appears in the Site system logs. Service Provider informs that, in accordance with the law, it will also process data concerning the number (including IP) and type of User’s end device and the time of User’s connection to the Site, as well as other exploitation data concerning User’s activity on the Site. This data is processed in particular for technical purposes and to collect general statistical information.
9.8 Service Provider points out that processing (including making available) of personal data of other persons by the User on the Site, which does not constitute processing for personal or household purposes only, may be related to the obligation of the User to comply with the obligations resulting from the Personal Data Protection Act.
9.9 If the User places any personal data of other persons (including their name, image, address, phone number or e-mail address) on the Site, he/she may do so only under the condition that he/she does not violate the provisions of the applicable law and personal rights of those persons.
9.10 The Service Provider declares that it will make efforts to ensure a high level of security for the Users in respect to the use of the Site. All events affecting the security of information transmission, including the suspicion of sharing files containing viruses and other files of a similar nature or content other than files of a similar nature, should be reported to the Service Provider on the account email@example.com.
9.11. At the same time the Service Provider declares that the modern techniques used for protection of the Service and for access to the data and Content are aimed at ensuring the highest possible level of security, however, for technical reasons they cannot guarantee full confidentiality of the stored and transmitted information.
9.12. The User shall be entitled to use the data provided by other Service Users only in connection with the use of the Service, unless he/she obtains the consent of those Users to process their data to the extent or for the purpose going beyond the use of the Service.
X. Final provisions.
10.1 The Service Provider shall have the right to temporarily suspend provision of the Service on the Site with respect to all or some of the User Accounts due to maintenance works.
10.2 The Service Provider reserves the right to completely discontinue providing the Service without stating reasons after informing the Users via email at least 14 (fourteen) days in advance about such a decision.
10.3 The Service Provider shall have the right to withdraw from the provision of the Service in the case of violation of the Regulations by the User, in particular in the case of posting illegal Content, i.e. Content contradicting the provisions of the applicable law or these Regulations.
10.4 Any disputes arising between the Service Provider and the User who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code.
10.8 The current Regulations are published on the website of the Service and they are provided to the User free of charge and on his every request.
10.9 The Regulations enter into force on 01.01.2022.