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Artplanet portal and its values
I. The Portal is a community based on respect for the Artists and their intellectual property rights as well as those of third parties.
II. The Service Provider applies a zero-tolerance policy towards any infringement of intellectual property rights. For this reason, the Service Provider reminds Artists of this every time they place their Product Designs within the resources of the Portal.
III. Artists are also obliged to place only such Designs of Products within the resources of the Portal that do not in any way violate the proprietary copyrights, personal copyrights, privacy or any other rights of others.
IV. Stealing the results of someone else's work is not only contrary to the law but also contradicts the purpose for which the Portal was created and the principles underlying it.
V. Earn from the promotion - as an Artist or Affiliate you have the opportunity to benefit from the promotion of the Product Designs Portal. This affiliate program:
(a) allows the Artist to share a link to purchase a Product (based on a published and shared Product Design of the same or another Artist) on his/her website, blog, Facebook account, Instagram, Twitter, Pinterest, YouTube or other social media sites,
(b) allow the Affiliate to provide a link to purchase any Product (based on any Product Design of any Artist) on its website, blog, Facebook account, Instagram, Twitter, Pinterest, YouTube or other websites and social media.
1) Artist - a natural person having full legal capacity, a natural person conducting a business activity, an organizational unit without legal personality, which has legal capacity under separate regulations or a legal entity that has established and maintains an Account in order to make the Product Designs provided by it available.
2) Password - the access code to the Account, established individually by the Artist/User during the Registration process, in the form of a sequence of alphanumeric or special characters. The entry of the password is necessary for authorization during the access to the Account.
3) Account - ICT resources within the Service, which can be accessed by the Artist/User after a one-time Registration and each time the Name and Password (login) is given. Through the Account, the User is able to use the functionalities of the Portal intended for him/her (e.g. the Artist may place Product Designs and make them available to the Users).
4) Affiliate - a User or Artist who publishes and shares Product Designs belonging to other Artists within his Account.
5) Client - a registered or unregistered User who purchases Products in the Portal
6) Name (login) - determined individually by the Artist/User during the Registration process and the unique name of the Artist/User in the Portal, in the form of a sequence of alphanumeric or special characters. The name (login) is necessary for authorization during the access to the Account.
11) GDPR - Regulation of the European Parliament and of the Council (EU) 2016/67 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (general regulation on data protection) together with the provisions of Polish laws introducing them,
15) Service Provider - Kobe Nutrition Sp. z o.o. of Rzeszów, ul. Przemysłowa 14, KRS 0000673271, tax identification number (NIP) 113-293-82-58, statistical identification number (REGON) 367028907.
16) Consumer Rights Act - Consumer Rights Act of May 30th 2014 (i.e. Journal of Laws of 2014, item 827).
17) Copyright and Related Rights Act - Copyright and Related Rights Act of 4 February 1994 (i.e. Journal of Laws 2018, item 1191).
18) Act on Providing Services by Electronic Mean- Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws 2017, item 1219).
(a) a natural person over 18 years of age (in the case of a person aged 13-17 years, each activity in the Portal requires the consent of his/her legal guardian),
(b) a natural person engaged in business activities,
(c) an organizational unit without legal personality which has legal capacity under separate regulations, or
(d) a legal person;
21) Product Design - a digital presentation of the Product in the form of ICT data which are uploaded and made available by the Artist within the Account.
I. General provisions.
(a) the rules of use by the Artists and Users of the Portal and the Services provided through it,
(b) the conditions of sale of the Products,
(c) rules for the provision by Artists of services related to the provision of Product Designs to the Portal,
(d) rules for the provision by Affiliates of services related to the promotion of Product Designs placed on the Portal by Artists.
II. Scope and conditions of use of the Portal.
2.2 The use of the Service is possible provided that the information and communication system used by the Artist or User meets the following minimum technical requirements:
a) maintain the User/Artist session;
b) adjusting the Portal to the needs of the User/Artist;
c) create viewing statistics for subpages of the Portal;
d) support IT tools provided by third parties (including advertising);
e) identify behavioral data (the content of the shopping cart, time of purchase, way of browsing the Portal, liking of Artists' works or profiles, inquiries in the Portal's search engine, etc.);
f) for marketing purposes of the Service Provider;
2.4 The Service Provider reserves the right to modify the technical manner of the Service, in accordance with the scope and conditions resulting from the authorisations held by the Service Provider, as well as in accordance with the technical capabilities held, without compromising its quality, and without affecting the scope of rights and obligations of the Parties.
2.5 The Service Provider has the right to periodically suspend the provision of the Service in the Portal in relation to all or some Accounts in connection with carrying out necessary maintenance works. The above shall be done after notifying the Artists/Users by sending an appropriate message to the Accounts and concluding a message on the Portal at least two days before the beginning of the periodical suspension of the Service and for the shortest time possible.
2.6 In order to ensure the safety of the transmission of messages in connection with the Service provided, the Service Provider takes technical and organizational measures appropriate to the degree of threat to the safety of the Service provided.
III. Provision of Product Designs and sale of products. Information for the Artist.
3.2 By using the functionalities of the Portal, the Artist also undertakes not to place in the Portal any materials or content in the field of computer programming which may damage, interfere, secretly intercept or attack any system, program, data or personal data (such as computer viruses, malicious codes, etc.).
3.3 The Product Design will not be displayed within an Account if the file or image of the Product Design does not meet the following technical parameters:
a) JPG up to 25MB; The Product Design must have at least 2900px resolution.
b) Recommended working ratio 1.4 : 1 (e.g. 4200 x 3000px).
c) The product design can not contain logos, frames or watermarks, and can not infringe any third party rights - the Artist is fully responsible for the infringement of third party rights related to placing the product design in the Portal.
3.4 By placing the Product Design in the Portal, the Artist declares that he holds full copyrights to both the Product Design and the image depicting the Product Design or that he is entitled to use the Product Design and the image depicting the Product Design with respect to their display, reproduction, and sale of the Product on another legal basis. At the same time, the Artist declares that the content he uploads to the Portal does not infringe any intellectual property rights or other rights of any person or entity, including copyright, trademark, patent or right of privacy.
3.5 The Artist retains full rights to the Product Designs that he or she uploads within the Account and may remove the Product Designs from his or her Account at any time. User orders for Products based on the Product Designs of the Artist, which were placed before the deletion of the Product Design, shall be fulfilled.
3.6 With regard to the Product Designs and images (including photos of the Product itself) representing the Product Designs of the Artist placed by him/her in the Portal, the Artist grants the Service Provider (and its subcontractors) a non-exclusive, free, transferable and territorially unlimited license for:
b) to take any action within the scope of the Product Design or its development (in whole or in part), that is necessary for the manufacture and sale of the Product (such as: reproduction, fixation by any technique on a physical medium, reproduction, or other use), as well as to make the Product Design publicly available to the extent necessary to put the Product up for sale,
c) promotional activities to facilitate the sale of Products, including, inter alia, to promote the Portal and services provided by the Service Provider in any media formats and through any media channels, including websites, billboards or advertising posters, newspapers, exhibitions and presentations or television broadcasts.
3.8 The above licenses expire within a commercially reasonable period of time after deleting the Product Design or after deleting the Artist's Account from the Portal. The length of a commercially reasonable period of time depends on the number of previously placed orders for a Product based on a given Artist's Design.
3.10 The Artist undertakes to perform all the tax obligations imposed on him, which are related to his activity within the Portal. The Service Provider shall not be liable for failure to perform these obligations.
3.11 The Artist's account allows for placing Product Designs within his resources. The Service Provider reserves the right to verify or delete Product Designs in the case of their multiplication in the Portal, violation of the Rules, or their low quality.
3.12 The visibility of Product Designs in the Portal and their positioning depends on algorithms managing content positioning (proprietary technology). Therefore, the visibility of Product Designs and their position is not and cannot be guaranteed to the Artist.
3.13 For proper and verified by the Service Provider, the Service Provider undertakes to pay remuneration to the Artist for the provision of the Product Designs to the Portal, determined according to the following rules:
a) the basis for settlements shall be the net selling price of the Product based on the Product Design provided by the Artist;
b) the price shall be determined by the Service Provider on the basis of the commission determined by the Artist himself for each Product Model in the Portal. The total amount of remuneration currently due to the Artist is given on the Portal website under the link: ............... where the Artist may check it.
d) the payment of the Artist's remuneration will be claimed only if the remuneration due to the Artist exceeds $50. In the case of early termination of the Account by the Artist, the whole remuneration due to him/her shall be paid regardless of its amount. The payment shall be made by the 20th day of the following calendar month in relation to the date of sale of the Product..;
e) the basis for calculating the Artist's remuneration does not include the sale of Products that were subsequently returned by the User (based on a complaint or withdrawal from the contract).
f) The Artist does not acquire the right to remuneration in the case of free disposal of the Product by the Service Provider for promotional purposes (e.g. in the case of sending a free copy of the Product to the Influencer, blogger or other media), to which the Artist agrees;
g) The Artist's remuneration, as defined in this point, covers any claims that the Artist may have during the aforementioned relationship/result of his/her activity on the Portal;
h) In order to pay the remuneration, the Artist undertakes to provide basic and up-to-date data for identification and transfer purposes. The system will verify the given data within 72 hours. In case of failure to provide or delivery of incorrect data, the Service Provider reserves the right to withhold payment until the correct data is received.
i) When the total amount of payments reaches 10,000 USD, Artist undertakes to provide Service Provider with a tax residency certificate. This certificate confirms that the Artist pays taxes in the country that issued it. Service Provider reserves the right to request a valid tax residency certificate in case it expires.
IV Promotion of Product Designs and Sales of Products. Information for the Affiliate
4.4 For providing services related to the provision of Product Designs within its own Account, the Service Provider undertakes to pay the Affiliate remuneration determined in accordance with the following rules:
a) the basis for settlements shall be the net selling price of the Product, based on the Product Model made available by the Affiliate,
b) the price is determined by the Service Provider, on the basis of the commission determined by the Artist himself for each Product Design on the Portal. In the case of selling the Product by making the Product Design available by an Affiliate, its remuneration amounts to 20% of the net sales price of the Product. The total amount of remuneration currently due to the Affiliate is given on the Portal's website under the link: .............. where the Affiliate can check it.
c) Any changes in the above-mentioned remuneration will be communicated to the Affiliate in the procedure described in point 12.4,
d) the payment of remuneration to the Affiliate will be made only if the remuneration due to the Affiliate exceeds $50. In the case of early termination of the Account by the Affiliate, the entire remuneration due to the Affiliate shall be paid regardless of its amount. The payment will be made by the 20th day of the next calendar month in relation to the date of sale of the Product;
e) the basis for calculating the Affiliate's remuneration does not include the sale of Products which were subsequently returned by the User (based on a complaint or withdrawal from the agreement),
f) the Affiliate's remuneration, as defined in this point, covers all claims of the Affiliate that the Affiliate may have during the aforementioned relationship/result of his/her activity on the Portal;
g) in order to pay the remuneration, the Affiliate agrees to provide basic and up-to-date data for identification and transfer purposes. The system will verify the given data within 72 hours. In case of failure to provide or delivery of incorrect data, the Service Provider reserves the right to withhold payment until the correct data is received;
h) when the total amount of payments reaches $10,000, the Affiliate agrees to provide Service Provider with a tax residency certificate. This certificate confirms that the Affiliate pays taxes in the country that issued them. Service Provider reserves the right to request a valid tax residency certificate in case it expires.
V. Sale of Products. Customer information
5.1 A contract for the sale of the Product is entered into when the Customer uses a function marked as "Order and pay" within the purchase path and in the case of PAYPAL payments by using the function marked "Pay now". The agreement does not apply if the payment is not actually made. The Agreement may be concluded only through the Portal, i.e. by using its functionality. The subject of the Agreement (Product) will be precisely defined at the last stage of the purchase path. The Provider is obliged to produce and deliver the Product without legal and physical defects.
5.2 The delivery of the Product shall be made within 30 (in words thirty) days from the day on which the payment for the Product was received.
5.3 The Products are delivered by courier. Any additional costs, in particular delivery costs, will be clearly indicated when placing an order. Ordered Products may be delivered by the Provider in the following countries: United States of America, Canada, Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Netherlands, Norway, Portugal, Slovakia, Romania, Slovenia, Spain, Sweden, Switzerland, United Kingdom and Northern Ireland. Depending on the place of delivery, additional duties may have to be paid. The amount of these fees depends on the regulations in force in your country. Any costs related to customs fees are borne by the User who purchased the Product.
5.4 Payment for the Products can be made using the methods indicated at the beginning of the order process. The Price of the Product should be paid by the User immediately upon placing an order for the given Product. The Portal enables making payments in currencies: USD or EUR.
5.5 Possible complaints regarding non-compliance of the Product with the Product sales agreement may be submitted by the Customer to the address: email@example.com. The complaint shall be considered by the Service Provider within 14 (in words: fourteen) days from the date of its delivery. The Client will be immediately informed of the results of its consideration.
5.6 If the Client is a consumer (i.e. an individual performing a legal action in the Portal which is not directly related to his or her business or professional activity), he or she has the right to withdraw from the contract of sale of the Product, which was concluded with the Service Provider through the Portal, without giving a reason, making a statement to this effect within 14 days (say: fourteen days).
5.7 The aforementioned time-limit is calculated from the day on which the Client took the possession of the Product. The Customer shall not bear the costs of withdrawal from the contract of sale of the Product subject to the next sentence. In the case of withdrawal from the contract of sale of the Product, the Customer bears the cost of returning the Product (return shipment).
5.8 If the Customer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Service, Provider is not obliged to reimburse the Customer for any additional costs incurred by the Customer.
5.9 The Service Provider undertakes to immediately, but no later than 14 days from the date of receiving Client's statement of withdrawal from the Product sales agreement, to return to Client all payments made by him/her using the same method of payment as used by Client, with the proviso that Service Provider is entitled to withhold the return of payments received from Client until the Service Provider receives the Product back or the moment of provision by Client of proof of its return, whichever occurs first. At the same time, the Service Provider reserves that after 60 days from the date of payment by the Client, independent payment operators may retain, in accordance with their regulations, a certain part of the amount paid.
5.10 A specimen statement of withdrawal from the Product sales agreement is available on the Service website. It is available at the link ....... .
VI. Account registration.
6.1 In the course of Registration, the Artist/User shall perform the activities which it consists of:
(a) confirmation that he or she has read and accepts the provisions of the Terms of Service,
(b) completing the registration form available on the Portal website,
(c) provide your Name (login), Password and e-mail address, which will be used to verify your willingness to register your Account on the Portal by clicking on the link (reference) in the message sent by the Provider to this address, or by registering your Account using your Facebook or Google profile and by clicking on the link (reference) in the message sent by the Provider to your e-mail address to verify your willingness to register your Account on the Portal. By clicking on the link (reference) contained in the content of the message sent by the Service Provider to his e-mail address, the Artist's/User's Account becomes "verified",
(d) accessing your Account using your Name (login) and Password.
6.2 The Service Provider reserves the right to verify the Registration and the Artist. In the case of the Artist's Account, the positive verification of the Registration may be deemed effective only upon receipt of confirmation of the positive verification of the Account at the e-mail address provided by the Artist. In the case of the User's Account, the Registration shall be effective unless, after possible verification, the Service Provider notifies the User of its negative result by a message sent to the e-mail address provided by the User within 24 hours.
6.4 During the Registration, as well as during the use of the Service, the Artist/User is obliged to:
(a) provide truthful, accurate and current data, not misleading and not violating the rights of third parties,
(b) to update the data provided in the registration form immediately after any change in that data. Updates shall be made within the Account.
(c) keeping the password secret and not making it available to other persons.
6.5 The Artist/User shall be solely responsible for the content of the data provided by him/her as well as for the choice of the Name and Password, including the responsibility for possible violation of third party rights in connection with the choice of the Name and Password. The Artist/User is also solely responsible for the disclosure of his or her Password to others.
6.6 Any person who registers on behalf of an organizational unit or legal person having legal capacity, as well as on behalf of a civil partnership, declares that he or she is entitled to conclude the Agreement in the name and on behalf of the aforementioned organizational unit, legal person or civil partnership. The declarant shall bear full responsibility for all activities undertaken within the Service, which are the result of actions for the benefit of a given entity, and resulting from the lack of authority to represent the aforementioned entities.
VII. Termination of the Service Agreement.
7.1 The Artist or User is entitled to terminate the Agreement with immediate effect without giving reasons, subject to maintaining the rights acquired by the Service Provider before the termination of the Agreement. In the event that the Artist removes a given Product Design, all User's orders for Products based on the Product Design of a given Artist, which were placed before its removal, shall be fulfilled.
7.2 The Artist/User shall terminate the Agreement by deleting the Account by himself/herself, consisting in submitting, within the Account administration panel, an instruction to delete it.
7.3 The Service Provider, wishing to terminate the Agreement, shall inform the Artist/User thereof in a separate message, sent to the e-mail address provided by the Artist/User during Registration.
VIII. Product Designs.
8.1 The artist declares and guarantees that:
b) is fully entitled to conclude this Agreement, as no prior consent or acceptance of any third party is required (and if it is required, it has already been granted);
c) The designs of the Products are without prejudice to applicable law and the rights of third parties,
d) the Designs of the Products made available do not contain any legal or physical defects, errors or faults, and if it is otherwise, the Artist shall immediately take all legally permissible steps to remedy the situation. If it is not objectively possible to repair it, he shall repair the damage suffered by the Service Provider on this account.
8.2 In particular, it is forbidden to post within the Portal, Product Designs, comments, descriptions, content and Accounts, which:
a) violate any rights of third parties, including the rights of the Service Provider, Artists or Users (e.g. would be offensive or constitute or could be considered a threat to other people);
b) would violate the provisions of applicable law;
c) contain content that violates good manners (e.g. by using vulgarisms, obscene images or terms commonly considered offensive);
d) promote the goods or services of entities competing with the Service Provider;
e) would violate the company secret;
IX. Rules of using the Service.
9.1 The Artist/User is obliged in particular to:
(a) use the Portal in a manner that does not interfere with its functioning, in particular through the use of software or devices that could interfere with it,
(b) not to take actions such as: sending or/and posting unsolicited commercial information in the Portal, several times registering an Account of an Artist/User in the Portal, using the Accounts of other Artists/Users or making your Account available to other Artists/Users, taking IT actions or any other actions aimed at obtaining the Passwords of other Artists/Users;
(c) to use the Service in a manner that is not harmful to other Artists/Users and to the Service Provider and respects their rights,
(d) keep the Password confidential and take the utmost care to prevent third parties from obtaining the Password.
9.2 The accounts not used for a period longer than three months from the last activity of the User / Artist in the Portal may be deleted without prior notice (provided that all obligations of the Parties in relation to them are fulfilled).
9.3 The Artist/User is solely responsible for the activities performed in the Portal with the active Name and Password.
9.4 The Artist/User is obliged to immediately notify the Service Provider of any violation of their rights to the Name and/or Password, as well as of any violation of the rules set forth in these Regulations, in particular, violation of the rules related to placing Product Designs in the Portal.
(a) provided false, inaccurate or outdated data, misleading or violating the rights of third parties during the registration in the Portal,
(b) commit other behavior which is contrary to the objectives of creating the Portal or detrimental to the Service Provider's good name.
9.6 The entity, which has been deprived of the right to use the Portal, may not repeat the Registration in the Portal without the prior consent of the Service Provider.
10.1 In the course of using the Service, the Artist/User is obliged to immediately notify the Service Provider of any irregularities, faults or interruptions in the functioning of the Portal and of the improper quality of the Service.
10.2 The Artist/User may report irregularities, defects or interruptions in the functioning of the Service or their improper quality to the address: firstname.lastname@example.org
10.3 Through the Portal, the Service Provider allows:
a) obtaining information about the Portal,
b) acceptance of notifications referred to in point 8.4. above,
(c) assisting the Artist/User in making the Registration,
(d) making a complaint.
10.5 The complaint may be submitted in writing or using other means of distance communication, including electronic means, unless this is prevented by technical possibilities. The Service Provider reserves the right to interfere with the Artist's/User's Account to the extent necessary to remove a disturbance or problem in the functioning of the Account or Portal. The date of the complaint shall be deemed to be the date of its delivery to the Service Provider or placing in an appropriate manner data in the ICT system, enabling the Service Provider to familiarize himself with the content of the complaint.
11.1 The Artist shall be solely responsible for the Product Designs posted by him/her in the Portal and any infringement of third party rights related to their placement and functioning in the Portal.
11.3 The Service Provider shall not be liable for:
(a) compliance of the Designs of Product Designs with the provisions of applicable law;
(b) legal and physical defects of the Product Designs, errors or faults contained therein, the cause of which lies with the Artist;
(d) technical problems or limitations occurring in the computer equipment, ICT system and telecommunication infrastructure used by the Artist/User which prevent the Artist/User from using the Portal and the Service offered through it,
(e) loss within the Product Design Account due to failure of equipment, IT system or other circumstances for reasons not attributable to the Service Provider;
(f) unavailability of the Portal due to reasons beyond the Service Provider's control;
g) content of advertisements placed in the Portal by third parties;
h) the manner of use of the Product Designs and Products by the Users (e.g. infringement of copyrights of the Artist or a third party by the Users), including possible damage to the User, the third party or the Artist related to it;
i) the consequences of incorrect assembly/use of the Products by the User or a third party and any related damages.
11.4 The Service Provider does not provide and does not guarantee to the Artist any amount of remuneration and that another Artist will not make a competing Product available to the Users.
11.5 The Artist/User is solely responsible for ensuring technical compatibility between the computer equipment and ICT system used by him/her to use the Service and the Portal;
11.6 If, as a result of the Artist's posting the Product Design within the Portal, a violation of the provisions of applicable law or the rights of third parties occurs, the Artist shall be obliged to fully cover the damage suffered as a result of such violation by the Service Provider.
XII. Final provisions.
12.1 Possible disputes arising between the Service Provider and the Artist/User shall be submitted to the courts having jurisdiction over the seat of the Service Provider.
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