mytribe Regulations
§ 1
Initial provisions
The present Regulations determine principles constituting the basis for use of mytribe Functionality through mytribe Application which can be downloaded from mytribe Portal under Internet address mytribe.com and/or mytribe.pl. Provisions of the Regulations along with legal provisions binding on the territory of the Republic of Poland define rights and obligations of mytribe Users in an exclusive manner. Upon undertaking activities aiming at the use of mytribe Functionality, each User is obliged to comply with the provisions of the present Regulations. Before activating mytribe Account, one should carefully read the Regulations below.
§ 2
Definitions
Any capitalized words whose meaning has been defined below, shall be understood as follows:
Administrator – an entity
a. administering mytribe Portal at the address mytribe.com and/or mytribe.pl and/or other address being the property of the Administrator,
b. making mytribe Application available on the basis of mytribe Application Licence Agreement,
c. offering mytribe Functionality,
which is Onet.pl S.A. Group, with registered office in Krakow (30-126), ul. Zapolskiej 44, registered in the National Court Register – register of Entrepreneurs kept by the District Court for Krakow-Środmieście,11th Commercial Department of the National Court Register under KRS number 0000007763, equity of the Company: 8 049 073.00 PLN, paid in full, Tax Identification Number: 734-00-09-469.
Application – computer software along with updates, supplements and attached technical documentation.
mytribe Application – computer software to use mytribe Functionality along with updates, supplements, attached technical documentation, infrastructure, Functionalities, Internet tools and its own graphic layout, made available over the Internet in order to use mytribe Functionalities, available for downloading at mytribe.com and/or mytribe.pl and/or other address being the property of Onet.pl S.A. Group. To the extent specified in the Licence Agreement of mytribe Application, mytribe Application is a piece of work as defined by the Act of 4 February 1994 on copyright and related rights (uniform text: Journal of Laws 2006 no. 90 item 631 with later amendments). At the same time, mytribe Application has the Functionality of a Web Browser, namely a computer program for presentation of the content of Websites from web servers as well as for playing multimedia files, communicating with the server of, among others, the following protocols: HTTP, HTTPS, FTP, POP3, IMAP or SMTP.
Base of mytribe Accounts - set of data, information contained in mytribe Accounts. These data are collected and processed in an ordered manner in an IT system by the Administrator, with prior approval of mytribe User, for the purposes defined by the Regulations.
Functionalities – usability and tools made available to the Users, allowing to provide electronic services by the Administrator or allowing to access Services provided by Third Parties, in particular, creation of an account and use of the Portal or services.
mytribe Functionalities – Functionalities which can be used the mytribe User with the use of mytribe Application. General scope of mytribe Functionalities is included in paragraph 4 of the present Regulations. Full and detailed list of mytribe Functionalities can be found in a proper place on mytribe Portal.
Account – place available to a given User after activation, and then each time after logging in (entering login and password), through which the User may introduce and manage data, mood messages and other elements related to participation in the service, and can perform actions and operations associated with the available Functionalities.
mytribe Account - place available to a given mytribe User after registration in mytribe Functionality, and then each time after logging in, through which the mytribe User may introduce and manage data, mood messages and other elements related to participation in mytribe Functionality, and can perform activities and operations related to mytribe Functionalities (e.g. use particular mytribe Functionalities available through mytribe Application).
mytribe Portal Forum – place on mytribe Portal whose purpose, in particular, is to obtain answers to presented questions, exchange opinions, information, advice, views among persons with similar interests through a web browser.
Login, Nick, ID – individual and unique User name.
mytribe Login, Nick – individual and unique mytribe User name, used by mytribe User in mytribe Internet Communicator Service (referred to in § 4 of the Regulations) and in mytribe Application, and available/visible to other Users.
User Materials – any content and elements that the User is authorized to publish and/or make available, as well as published and/or made available by Users on the Internet or through the use of mytribe Application in any format, in particular, text, graphic, audiovisual content, any comments, information about the User, opinions, content, files and links sending to other Websites or other Portals.
Administrator's Materials – any content the rights to which are in the possession of Grupa Onet.pl SA Group.
Help – place in mytribe Portal or in mytribe Application, where mytribe User may find out, at any time, how to perform specific operations to achieve desired objectives.
mytribe Profile – a set of information, data and other elements presenting and describing the person of a given mytribe User, provided voluntarily and independently by mytribe User, which are made available and presented in mytribe Application and which may be presented on the Internet, saved on mytribe User's computer, which may be saved by mytribe User on mytribe Server. mytribe Profile:
- contains mytribe User's Login, Nick and password to mytribe Account,
- may contain, in particular, User Materials,
- may contain the User's Login, Nick and password to Services of Third Parties, including Login, Nick and password, which, upon clear instruction of mytribe User, may be saved on mytribe Server,
- may contain the User's Login, Nick and password to mytribe Portal Forum.
Regulations – the present document, specifying the principles of use of mytribe Functionality through mytribe Application as well as the principles of use of mytribe Portal along with all appendices.
Portal – a set of Websites, built according to a specific structure, covered by specific standard of processing, storage and presentation of information, having content and functionalities related to specific issues, available on the Internet under specific Internet addresses.
mytribe Portal – Portal being the property of Onet.pl Group, under the Internet address at mytribe.com and/or mytribe.pl or other address being the property of Onet.pl Group. mytribe Portal is used for presentation of information about mytribe Application, made available by Onet.pl S.A. Group to the Users for downloading, installation and use on the User's computer, in accordance with the Licence Agreement And the Regulations.
E-mail box – electronic mailbox characterized by individual Internet address of a person (e-mail address), through which and individual may send, receive and store messages and other data within e-mail service.
Website – presentation of data transmitted in part or in full over the Internet, read with special software called "Web browser" or through another software and equipment enabling receipt of such data. Website may contain text, graphic files, multimedia files, scripts, software executed on the part of the User.
Third Party – all entities providing electronic services, excluding the Administrator.
Third Party Service – a set of selected Functionalities a set of selected Functionalities of services provided by a Third Party to the Users in the form and on the terms as determined by the Third Party,
User – person using the Internet.
mytribe User – natural person using mytribe Application, who effectively activates mytribe Account.
mytribe Server – devices being property of or being at the disposal of the Administrator, on the basis of a valid legal title, with specific parameters and configuration, participating in implementation of mytribe Functionalities.
§ 3
Basic information and technical conditions for the use of mytribe Application and mytribe Functionalities
1. The entity which:
1.1. administers mytribe Portal at mytribe.com and/or mytribe.pl and/or other address being the property of the Administrator,
1.2. makes mytribe Application available on the basis of mytribe Licence Agreement,
1.3. makes mytribe Functionality available only to the extent described in paragraph 4,
is Onet.pl Spółka Akcyjna (Joint-Stock Company) Group with its registered office in Krakow (30-126), Gabrieli Zapolskiej 44.
2. With the use of mytribe Application or mytribe Portal one provides, or can provide in the future, paid and free services to mytribe Users, related to the subject matter of mytribe Application, mytribe Functionalities and mytribe Portal.
3. To use mytribe Functionality it is, in particular, necessary to:
3.1. have devices allowing to use Internet resources,
3.2. have an E-mail Box,
3.3. have a mytribe Account,
3.4. have a browser of web resources allowing to display Web pages,
3.5. ensure minimum system requirements proper for mytribe Application versions made available by the Administrator. Description of minimum system requirements for respective versions of mytribe Application can be found in mytribe Portal,
4. Activation of mytribe Account and creation of mytribe Profile is voluntary and free.
5. The base of mytribe Accounts is subject to legal protection and the administrator of personal data (as defined by the Act of 29.08.1997 on personal data protection) gathered in the Base of mytribe Accounts is the Administrator, namely Onet.pl Group having its registered office in Kraków. Each mytribe User has the right to inspect their data processed by the Administrator, the right to correct these data, as well as to demand to cease their processing by removal of data and Account from the Base of mytribe Accounts. Detailed provisions concerning the processing of personal data of mytribe Users are included in paragraph 5 of the present Regulations.
6. Technical conditions of access to Services of Third Parties through mytribe Application installed on the User's computer are significant for correct functioning of mytribe Application and mytribe Functionalities, proper appearance of its elements in the web browser used by mytribe User, as well as for safety of data of mytribe User saved on mytribe Account and mytribe Profile . Each User mytribe should comply with the conditions and guidelines included in regulations of Third Party Services, and any actions undertaken by mytribe User in a different manner (deliberately or unintentionally), are performed at the User's sole responsibility.
7. The Administrator informs that any data on the User of Third Party Services used in mytribe Functionalities, in particular, Nick, Login and password of the User, are saved in an encoded form only on the computer of mytribe User.
8. Upon a clear request of mytribe User, addressed to the Administrator in the form an instruction submitted in mytribe Application, the Administrator shall make place on the server available to mytribe User for the purpose of mytribe User's mytribe Profile backup storage, as well as storage of data included in this profile. This information shall be subject to automatic encoding. The Administrator shall make available only the disk space and shall not bear responsibility for data and information saved therein. mytribe User hereby undertakes not to publish on the available disk space any materials and content nonconforming to the law, good customs, violating the principles of social coexistence, moral and ethical principles, as well as coming from prohibited acts. Full responsibility for content published on the disk space made available by the Administrator shall be borne by the mytribe User.
9. At the same time, the Administrator informs that he shall make every effort in order to duly protect the data referred to in the paragraph above, saved on mytribe Server at the mytribe User's request.
§ 4
mytribe Functionality
1. mytribe Functionality is made available by the Administrator through mytribe Application.
2. Users must download mytribe Application from mytribe Portal and save it on their computer.
3. Under mytribe Functionalities, the Administrator provides mytribe User with:
3.1. the possibility to use mytribe Internet Communicator Service,
3.2. the possibility of access to selected Functionalities of Third Parties indicated within mytribe Application, with the use of mytribe Application, upon a clear request of mytribe User,
3.3. the possibility of access to selected Services of Third Parties indicated within mytribe Application, with the use of mytribe Application, upon a clear request of mytribe User.
4. To use Functionalities and/or Services referred to in paragraph 4, passages 7 and 8, apart from the factors referred to in paragraph 3, passage 3, items from 3.1. to 3.5, it is required to install additional Plug-ins in the process of mytribe Application installation.
5. Apart from mytribe Application, the User may use Plug-ins cooperating with mytribe Application, which are made available on the basis of a separate licence. Such a Plug-in is installed upon a clear request of the User. Onet.pl S.A. Group shall not bear responsibility for such action of the User , as well as for the functioning of Plug-ins referred to in this passage. A plug-in is a module cooperating with mytribe Application, handling selected services or functionalities upon a clear request of the User, or expanding possibilities of mytribe Application upon a clear request of the User, made available on the basis of a specific licence.
6. In order to:
6.1. get the possibility of access to selected Functionalities of Third Parties indicated within mytribe Application, with the use of mytribe Application, upon a clear request of mytribe User,
6.2. get the possibility of access to selected Services of Third Parties indicated within mytribe Application, with the use of mytribe Application, upon a clear request of mytribe User, apart from the factors referred to in paragraph 3, passage 3, items from 3.1. to 3.5, it is necessary to properly configure mytribe Application, in particular:
a. to indicate on the list of Third Parties the Services or Functionalities in which mytribe User has an active account and to which mytribe User wants to have access,
b. to save the Nick/Login/ID and password to Services of Third Parties by mytribe User on their computer with the use of mytribe Application.
7. mytribe Communicator Service is an instant messenger-type service which can be provided on the terms described in passage 5 of the present paragraph by the Administrator on the basis of the present Regulations, as well as on the basis of granted licence, included in the Licence Agreement and separate licences.
8. Through mytribe Application mytribe User may access selected Functionalities or Services of Third Parties:
8.1. The possibility of communication among Users of selected Internet communicators of Third Parties,
8.2. Social Networking Portals:
8.2.1. possibility to access selected Functionalities of Third Parties,
8.2.2. possibility to access Services of Third Parties consisting in access to selected Social Networking Services based on the Functionality of mytribe Application Browser,
8.3. E-mail box:
8.3.1. possibility to access selected Functionalities of Third Parties,
8.3.2. possibility to access Services of Third Parties consisting in access to selected services of E-mail Box on the basis of the Functionality of mytribe Application Browser,
8.4. E-mail Box owned by mytribe User on the Server that he or she has any rights to:
8.4.1. possibility to access selected Functionalities of Third Parties,
8.4.2. possibility to access Services of Third Parties consisting in access to selected services of E-mail Box on the basis of the Functionality of mytribe Application Browser,
8.5. mytribe User's possibility to access RSS channel Services made available by Third Parties providing Internet services, with the use of RSS reader offered by the Administrator,
8.6. Other Functionalities or Services of Third Parties:
8.6.1. possibility to access other selected Functionalities of Third Parties,
8.6.2. possibility to access other Services of Third Parties, consisting in access to other selected Services of Third Parties on the basis of the Functionality of mytribe Application Browser,
9. The Administrator reserves that he shall not be liable for the functioning of Functionalities or Services of Third Parties and the functioning of available Functionalities or Services of Third Parties shall be governed by relevant regulations available on relevant Websites of Third Party Services that mytribe User shall be obliged to comply with.
10. Scope of mytribe Functionalities made available by the Administrator through mytribe Application – both of the already existing ones and the ones created in the future – can be altered (extended or limited) at any time by the Administrator. The above may depend on the requirement of fulfilment of additional conditions by mytribe Users.
11. The Administrator shall be adequately informed on mytribe Portal or in mytribe Application about any change in the scope of mytribe Functionalities, as well as about reasons for all changes.
12. mytribe User acknowledges that the possibility to access Functionalities or Services of Third Parties with the use of mytribe Application shall not release mytribe User from responsibility for breach of regulations concerning relevant Functionalities or Services of Third Parties.
13. The User shall not be entitled to any remuneration for the use of mytribe Functionalities or mytribe Application. The Administrator reserves the right to introduce paid services provided within mytribe Application or mytribe Functionalities, about which fact the User shall be notified accordingly.
§ 5
Participation in mytribe Functionality
1. mytribe User may be any natural person who, after acceptance of the provisions of Regulations, shall pursue the procedure of mytribe Application installation completed with effective activation of mytribe Account.
2. To activate mytribe Account and mytribe Profile and be a mytribe User and use mytribe Functionalities, it is necessary to fulfill technical requirements specified in paragraph 3, passage 3 and have an active E-mail Box. From one E-mail Box it is possible to create one mytribe Account and mytribe Profile, one person may have any number of mytribe Accounts and mytribe Profiles, depending on the quantity of possessed E-mail Boxes.
3. By execution of mytribe Account activation procedure through mytribe Application, mytribe User ensures and declares that:
3.1. he or she has become familiar and accepted, without any exceptions, the content of the Regulations and undertakes to comply with them,
3.2. he or she voluntarily publishes any personal data, image on photographs and other information comprising mytribe Profile in mytribe Application and in mytribe Functionality and that publication of the aforementioned information shall not violate binding regulations and rights of third parties; in particular, that authorized third parties have expressed their consent to publication or disclosing of the aforementioned information; upon mytribe User's request, data and information included in mytribe Profile are published by the Administrator,
3.3. any data identifying mytribe User in Functionalities or Services of Third Parties, used on a clear request through mytribe Application, have been published in mytribe Profile voluntarily,
3.4. provided personal data are authentic,
3.5. he or she expresses consent to processing, now and in the future, of any personal data by the Administrator, provided during registration and subsequent mytribe Account editing or otherwise, for the purposes related to proper provision of mytribe Communicator Service and to the use of mytribe Application within the Functionality made available by the Administrator.
4. Provision of personal data in the process of registration is voluntary, however, necessary for the purpose of proper execution of mytribe Functionality. By providing personal data, the User confirms that they are up-to-date and compliant with the actual condition (authentic).
5. The Administrator of personal data of mytribe Users is Onet.pl Spółka Akcyjna (Joint-Stock Company) Group, ul. Zapolskiej 44, registered in the National Court Register – register of Entrepreneurs kept by the District Court for Krakow-Środmieście,11th Commercial Department of the National Court Register under KRS number 0000007763, equity paid in full: 8 049 073.00 PLN, Tax Identification Number: 734-00-09-469. These data shall be processed by Onet.pl S.A. Group and forwarded to contractors of Onet.pl S.A. Group in order to provide services available under mytribe Application and/or mytribe Portal and for the purpose of promotion (marketing) of products and companies.
6. Each mytribe User has the right to inspect his or her data from mytribe Account as well as the right to correct and remove them:
6.1. mytribe User gains access to his or her data as well as the possibility to correct them by independent access to these data or their independent correction in the "mytribe" tab, option: "Edit my data", in mytribe Application,
6.2. mytribe User data shall be removed by the process of independent removal of mytribe Account in accordance with the procedure in "Help" tab located in mytribe Portal, subject to the provisions of paragraph 5, passage 8, items from 8.1 to 8.3.
7. By publishing and presenting personal data and User Materials through mytribe Application, mytribe User declares that:
7.1. they are free from legal defects and that he or she has appropriate rights (copyright, licences) and consents required by legal regulations for these materials to be made available to the public (published) in mytribe Application and used in mytribe Functionality adequately to the present Regulations and that their publishing by mytribe User in mytribe Application and in mytribe Functionality Shall not breach any regulations or rights of third parties,
7.2. in the event when particular User Material or its fragment is a piece of work and/or the subject of related rights as defined by Copyright, the User is the author of such a work (subject of related rights) and is entitled to author's property rights to such a work (subject of related rights),
7.3. in the event when particular User Material or its fragment is a good protected as a business secret or the subject of industrial property rights, the User has appropriate right to use such a good to the extent enabling its introduction, storage and presentation within mytribe Application and mytribe Functionality,
7.4. in the case of sending any claims to the Administrator by third parties, with regard to breach of any rights to the published User Material or personal image of third parties, mytribe User shall assume full costs of possible legal proceedings, costs of court representation as well as compensations adjudged or agreed by way of settlement, as well as shall take part in possible proceedings at the place of the Administrator or beside the Administrator,
7.5. expresses his or her permission to use published User Materials by other mytribe Users for their personal purposes, including the use of these Materials in mytribe Profiles, on websites of mytribe Users or in mytribe Application and mytribe Functionality. At the same time, the User expresses his or her consent to publishing User Materials included by him or her in mytribe Profile, including publishing and dissemination of the image of the User and of other persons whose image is presented in the User Profile within mytribe Portal. mytribe User shall be liable for obtaining consent to the above presentation of the image,
7.6. is in the possession of the permission to use, as well as disseminate, the image and any personal data from particular User Material introduced by him or her to mytribe Communicator Service or to Functionalities or Services of Third Parties used by the User upon a clear request through mytribe Application, in particular, presented in mytribe Application,
7.7. expresses his or her permission to label Materials introduced by him or her to mytribe Communicator Service or in Services of Third Parties whose Functionalities are made available within mytribe by the Administrator, with the adopted Login/Nick,
7.8. The User shall bear full responsibility for any actions involving dissemination, publication and other activities whose subject are Materials of other Users.
8. mytribe User may remove his or her mytribe Account according to the instructions indicated in the account removal procedure which can be found in "Help" tab on mytribe Portal. Upon removal of the Account, data published by mytribe User on the Administrator's server shall also be removed (within the available space referred to in § 3 passage 8 of the Regulations). mytribe User's submission of an application for removal of personal data provided in the mytribe Account registration form shall result in the fact that further provision of mytribe Internet Communicator Service and Functionalities or Services of Third Parties used by the User upon a clear request through mytribe Application shall be impossible for technical reasons and, as a result, equivalent to removal Of mytribe Account of this mytribe User; mytribe Account shall be removed in accordance with the procedure as stipulated in the account removal procedure in "Help" tab that can be found on mytribe Portal. In such a case, content and data published by mytribe User in mytribe Internet Communicator Service may also be removed. At the same time, the Administrator reserves the right to:
8.1. leave elements related to mytribe Account in mytribe Application if they do not come from mytribe User, e.g. comments to mytribe Account,
8.2. leave on the mytribe Server the information about the date of mytribe Account creation and removal by mytribe User, which data shall be analyzed by the Administrator only in summary statistical statements,
8.3. introduce waiting period for a Login/Nick removed by mytribe User.
9. mytribe Account can be removed by the Administrator without any notice, which shall result in removal of mytribe Account, mytribe Profile, with observance of the provisions of paragraph 5, passage 8, items from 8.1 to 8.3., if the Administrator observes that:
9.1. mytribe User has breached the provisions of the present Regulations,
9.2. mytribe User has not logged in to mytribe Application even once for the period of 12 months from the last logon,
9.3. mytribe User has not accepted changes introduced by the Administrator in the Regulations,
9.4. mytribe User has undertaken actions which, at least indirectly, may have signs of interfering with the structures of mytribe Application or mytribe Functionalities to which such mytribe User has no access, or, by his or her activities, may destabilize or slow down the functioning of mytribe Application or mytribe Functionalities, regardless of method and techniques of the above forbidden activities.
10. The Administrator informs that uninstall or removal of mytribe Application from the hard drive by mytribe User shall result in irreversible removal of data, information, materials related to mytribe Application from a computer hard drive of mytribe User.
§ 6
Principles, liability, obligations
1. It is prohibited to use mytribe Application, mytribe Internet Communicator Service or Functionalities or Services of Third Parties used by the User upon a clear request through mytribe Application, in any aspect, or particular additional (paid and free) services for – contradictory or inappropriate – purposes other than can be concluded from the nature and subject of mytribe Application And mytribe Functionalities, the Regulations and commonly binding regulations, in particular it is prohibited to:
1.1. Disseminate or present content:
1.1.1. violating the law, in particular, violating legal regulations or principles of social coexistence, good customs, commonly recognized customs or codes of conduct, including materials of pornographic, racist nature, with the content commonly regarded as vulgar or offensive,
1.1.2. supporting or conveying radical social attitudes, in particular any kind of discrimination based on sex, age, disability, race, religion, nationality, political or social beliefs, union affiliation, ethnic origin, faith, sexual orientation,
1.1.3. violating or potentially violating rights of other persons, in particular property or personal copyright, business secret, industrial property rights, rights to image or other personal goods of other persons, including the Administrator or other Users,
1.1.4. violating or potentially violating rights to trademarks, geographic symbols, company symbols, rights to the company or any other protected symbols of origin of goods or services,
1.1.5. calling to commit prohibited act, crime (offence) or violate rights of other persons, or potentially assisting with committing crime (offence) or violation of rights of other persons, in particular materials constituting instructions for hacking, cracking, phreacking, terrorist activity,
1.1.6. constituting computer software for evasion of technical protections of works or objects of related rights, or computer software which has been designed or adapted to enable the use of protected services as defined by the provisions of the Act of 5 July 2002 on protection of some electronically provided services based on or consisting in conditional access,
1.1.7. constituting computer software which may be used for computer hacking, unlawful obtaining of information transferred in IT networks, interference in IT systems operation or preventing of processing, gathering or transfer of data in IT systems, unlawful damage of data (including any kind of viruses, "Trojan horses"),
1.1.8. containing commercial information, advertisements or any announcements of commercial nature. nonconforming to the law, e.g. pornographic,
1.2. commercial, advertising, promotional activities,
1.3. distribution of spam and not ordered commercial information,
1.4. undertaking of any activities through which a person or entity performing them is trying to affect mytribe Users, act to their disadvantage, disadvantage of the Administrator or other third entities or Third Parties,
1.5. publication in mytribe Application or mytribe Functionalities or delivery to mytribe Application or mytribe Functionalities of content violating Polish or international legal regulations, good customs or moral standard, offending dignity or breaching personal goods of other persons, supporting radical social attitudes or conveying such views (any kind of racial, ethnic, sex, faith discrimination etc.).
2. mytribe Users is obliged:
2.1. to comply with all provisions of the Regulations,
2.2. to comply with any legal regulations, good customs and commonly binding principles of use of the Internet network,
2.3. not to use, directly or indirectly, mytribe Communicator Service and Functionalities or Services of Third Parties used by the User upon a clear request through mytribe Application, to conduct any activities contradictory to the law, good customs, commonly binding principles of use of the Internet network or violating the rights of third parties,
2.4. not to use, directly or indirectly, mytribe Communicator Service and Functionalities or Services of Third Parties used by the User upon a clear request through mytribe Application, to conduct any business, commercial or professional operations, unless approved by the Administrator,
2.5. not to conduct any activities posing threat to safety of mytribe Application or mytribe Functionalities or computer systems of third parties,
2.6. not to send any commercial information to other Users, without a prior approval obtained from the addressee of commercial information,
2.7. to become acquainted with all amendments to the Regulations as well as with detailed regulations of Functionalities or Services of Third Parties used by the User upon a clear request through mytribe Application, if only such regulations are applied by Third Parties.
3. In the case of any claims of third parties against the Administrator, related to mytribe User operations, also in connection with User Materials introduced, made available and presented by mytribe User in mytribe Communicator Service or Functionalities or Services of Third Parties, used by the User upon a clear request through mytribe Application , in particular, claims related to breach of copyright, industrial property rights or personal goods of other persons, mytribe User undertake to cover any possible compensations and costs of defence incurred by the Administrator. In addition, in the case referred to above, mytribe User shall be obliged to undertake any legal activities upon request of the Administrator, ensuring due protection of the Administrator against claims of third parties.
4. mytribe User authorizes the Administrator and other Users to label User Materials introduced by him or her to mytribe Internet Communicator Service or Functionalities or Services of Third Parties used by the User upon a clear request through mytribe Application, with other User Materials introduced by other Users, also with any comments, opinions, rates as well as authorizes the Administrator and other entities to place links from other Internet Services directing straight to User Materials included by the User. mytribe User authorizes the Administrator to present any kind of advertising, informational, promotional materials and forms (including advertising banners) within mytribe Application, as well as to present such materials simultaneously with User Materials introduced by mytribe User, as well as to label User Materials introduced by him or her with various kinds of advertising, promotional, informational materials received both from the Administrator and third parties,
5. The Administrator shall not bear responsibility for:
5.1. the manner of use of mytribe Application, mytribe Internet Communicator Service or Functionalities or Services of Third Parties by mytribe Users, used by the User upon a clear request through mytribe Application,
5.2. content, User Materials, data published, made available and posted in/through mytribe Application or mytribe Functionalities by mytribe Users or Users, as well as for the authenticity of personal data,
5.3. the content of comments and statuses posted by the Users and mytribe Users in/through mytribe Application,
5.4. unintended and non-culpable errors in the functioning of mytribe Application made available to mytribe Users,
5.5. errors in operation of mytribe Application made available to mytribe Users, caused by functioning or improper functioning of Portals, Application of Third Parties, Functionalities or Services of Third Parties used by mytribe User upon a clear request through mytribe Application,
5.6. damages resulting from making the access password to mytribe Account available to third parties by mytribe User, regardless of the reason for such a situation (e.g. making the password available to a third party by mytribe User, breaking of the password by a third party),
5.7. damages resulting from making access passwords to Functionalities or Services of Third Parties used by the User upon a clear request through mytribe Application available to third parties by mytribe User, regardless of the reason for such a situation (e.g. making the password available to a third party by mytribe User, breaking of the password by a third party),
5.8. effects of the use of information obtained by mytribe User through mytribe Application and/or mytribe Functionalities,
5.9. loss of User Materials, information typical of mytribe User Account or Profile, caused by failure of equipment, Internet dysfunction, operation of third parties or removal of these Materials by the Administrator on the basis of the provisions of the Regulations,
5.10. quality of functioning or non-functioning of Functionalities or Services of Third Parties used by mytribe User upon a clear request through mytribe Application,
5.11. removal of any accounts, materials, information from Functionalities or Services of Third Parties used by mytribe User upon a clear request through mytribe Application.
6. Quantity and volume of User Materials stored on mytribe Server upon the User's request as well as storage time of User Materials on mytribe Server are not limited. However, the Administrator reserves the right to introduce time, quanty and quality limitations in the future.
7. The Administrator reserves the right to:
7.1. periodic shutdown of mytribe Application or mytribe Functionalities without prior notification of mytribe Users,
7.2. immediate removal of any of User Materials in relation to which there is a suspicion that it can violate the law, good customs, feelings, also religious feelings, as well as rights of third parties.
7.3. cease to offer mytribe Functionalities, after prior notification of mytribe Users on relevant websites of mytribe Portal or, accordingly, through mytribe Application,
7.4. anonymous publication of content addressed by mytribe Users to mytribe service team, concerning issues related to the functioning of mytribe Application or mytribe Functionalities, to provided advice and other content in relation to which the Administrator may consider that answers to such content are worth publishing.
8. The Administrator shall not be liable for any effects of failure to fulfill or improper fulfillment of obligations undertaken towards mytribe User by other Users and mytribe Users, even in the case when such obligation has been undertaken with the use of mytribe Internet Communicator Service or Functionalities or Services of Third Parties used by mytribe User upon a clear request through mytribe Application .
9. The Administrator reserves that User Materials do not, in any way, express the views and opinions of the Administrator.
10. The Administrator does not monitor or control the activities of mytribe User and User Materials published by Users and mytribe Users under mytribe Communicator Service or mytribe Functionalities or Services of Third Parties used by the User upon a clear request through mytribe Application, however, in the event of disclosure of User Materials non-compliant the Regulations, if technically possible, the Administrator shall undertake, if possible, efforts to remove them in a possibly short time.
11. The Administrator also reserves the right to demand immediate cessation of activities performed by mytribe Users, which have not been prohibited by the Regulations but may threaten the interests of the Administrator. mytribe User's refusal to comply with such a request shall be in such a case regarded also as breach of the Regulations.
12. Principles of privacy protection of mytribe Users, including principles of personal data protection, have been described in respective Privacy Policy of Onet.pl S.A. Group, available at the bottom of this page or at: http://www.onet.pl/prywatnosc
13. The Administrator declares that the graphic layout of mytribe Application made available to mytribe User, describing Functionalities or services appearing on the list of Services of Third Parties in mytribe Application, is a reflection of functioning of mytribe Application, working on the basis of the Functionality of Web Browser.
14. Upon a clear request of mytribe User, graphic presentation of Third Parties, their Functionalities or Services appearing on the list of Services of Third Parties in mytribe Application may be changed by installation of a separate Plug-in whose functioning is regulated by a separate licence.
15. Change in appearance of mytribe Application by mytribe User, in particular, icons, emoticons, etc. denoting Functionalities or Services of Third Parties used by mytribe User upon a clear request through mytribe Application are not subject to liability of the Administrator.
§ 7
Intellectual property
1. The Administrator informs that he or she is entitled to intangible goods in the form of graphic design of mytribe Application, structure of mytribe Portal, computer software being the basis for the functioning of mytribe Application, as well as any symbols of the Administrator and trademarks of the Administrator used in mytribe Application, and these goods are adequately protected with Copyright, of the Act of 16 April 1993 on counteracting unfair competition, the Act of June 30,2000 industrial property right, laws of the European Union and international contracts binding for Poland.
2. The Administrator informs that with regard to particular elements of the Administrator's Materials delivered in mytribe Application or mytribe Functionalities by the Administrator, including articles, publications, brochures, pictures, multimedia presentations, films, computer software being works as defined by the provisions of Copyright, if not provided otherwise in connection with sharing a given element of mytribe Application Or mytribe Functionalities, the Administrator is entitled from copyright to mytribe Application or mytribe Functionalities or has obtained a proper licence to use such elements under mytribe Application or mytribe Functionalities.
3. mytribe User is authorized to use User Materials to the extent of permitted personal use , as specified by relevant regulations. Any use of the Administrator's Materials exceeding the permitted personal use requires prior approval of the Administrator. In particular, dissemination of elements of the Administrator's Materials introduced by the Administrator under other Internet Portals, in printed publications, books, multimedia presentations and other electronic media, as well as disposal or use of studies (reworks, adaptations, modifications) of such elements of the Administrator's Materials requires prior consent of the Administrator. The scope of mytribe User rights to use mytribe Application is determined by the licence covering mytribe Application.
4. The Administrator reserves the right to different regulation of the principles of use of particular elements of the Administrator's Materials made available within mytribe Portal and/or mytribe Functionalities. By the mere fact of publication of User Material in mytribe Application or mytribe Functionalities, mytribe User shall not acquire the right to remuneration or receipt of another benefit on this account, unless agreed otherwise between the Administrator and mytribe User in writing, under pain of invalidity, or if such remuneration or benefit is promised by the Administrator as defined by the provisions of the Civil Code binding in this respect.
5. mytribe User hereby gives the Administrator permission to use User Materials to the extent necessary for the functioning of mytribe Application, mytribe Communicator and mytribe Functionalities, as well as for the purposes related to promotion and advertising of their products.
6. In the event of a justified suspicion that some User Material or Administrator Material or parts thereof may have been posted unlawfully or with violation of the provisions of the Regulations, the person having such a justified suspicion may report the aforementioned circumstances to the Administrators via e-mail: abuse@mytribe.com. After analysis of the notification, if the claim is deemed justified, the Administrator shall each time make every effort to permanently remove User Material or Administrator Material from mytribe Application or mytribe Functionalities, posted unlawfully or with violation of provisions of the Regulations, within no more than 14 (in words: fourteen) days from the date of receipt of such a notification.
7. In the event of a justified suspicion that any User Material or Administrator Material or part thereof published in mytribe Application or mytribe Functionalities violates the right to privacy of an individual, such an individual should report the reservation to the Administrator via e-mail: abuse@mytribe.com. In such a case the Administrator – under the condition of having valid E-mail address of mytribe User – shall call mytribe User breaching personal goods to voluntarily and immediately cease to breach such rights. In the case when mytribe User called upon has not ceased to breach such rights, the Administrator may decide to permanently remove the material in question from mytribe, provided that it is technically possible, within no more than 14 (in words: fourteen) days from the date of such a notification. This does not limits the rights of the person reporting the violation to pursue his or her claims in court.
§ 8
Complaints
1. Interruptions in the functioning of mytribe Application or mytribe Functionalities may be complained about by mytribe User by reporting dysfunctions to the Administrator.
2. Such complaints shall be examined by the Administrator on a current basis within no more than 14 days (in words: fourteen) from the complaint, however, the Administrator reserves the right to leave a complaint without answer, if:
2.1. it is concerned with dysfunctions resulting from the fact of being unfamiliar with the Regulations,
2.2. it is concerned with mytribe User's failure to follow the instructions given to mytribe Users by the Administrator on a current or direct basis,
2.3. it is concerned with Functionalities or Services of Third Parties used by mytribe User upon a clear request through mytribe Application, whose functioning, method or quality of functioning cannot be controlled by the Administrator.
3. Complaints addressed to the Administrator and concerning Functionalities or Services of Third Parties used by mytribe User upon a clear request through mytribe Application shall be, if possible, submitted immediately by the Administrator to a proper Third Party which is responsible for potential dealing with the complaint.
4. The Administrator reserves the right to interfere with technical structure of mytribe Account of a given mytribe User in order to diagnose irregularities in the functioning of mytribe Application or mytribe Functionalities as well as the Administrator may make changes and otherwise control the technical aspect of mytribe Account in order to modify it or restore correct functioning of mytribe Account, mytribe Application or mytribe Functionalities.
§9
Changes in the Regulations
1. Any provisions of the Regulations may be changed by the Administrator, at any time, without giving any reasons. Changes shall be published on a current basis in the form of uniform text of the Regulations, along with information about them on mytribe Portal and/or in mytribe Application, along with information about them.
2. After the publication of changes in the Regulations on mytribe Portal and/or in mytribe Application or in other places intended for information about changes in the Regulations, mytribe User shall immediately become familiar with the new Regulations and accept them, reporting this fact with the use of data communication tools made available by the Administrator.
3. In the event of declining changes in the Regulations and the new Regulations, mytribe User shall not have the possibility to use mytribe Application.
4. Statement of declining changes in the Regulations may imply consequences referred to in paragraph 5, passage 9, item 9.3.
§ 10
Regulations
1. These Regulations shall apply to mytribe Application and mytribe Functionality, unless special provisions of separate regulations of particular Functionalities or Services of Third Parties used by mytribe User upon a clear request through mytribe Application, available on websites of a given Functionality or Service of Third Party provide otherwise.
2. Particular Functionalities accessed through mytribe Application are regulated by separate regulations. The use of these Functionalities, also through mytribe Application, takes place on the basis of relevant regulations.
