I. GENERAL PROVISIONS.
- The Wirtualna Polska Portal (hereinafter referred to as the "Portal") is made available by Wirtualna Polska Media Spółka Akcyjna with its registered office in Warsaw, ul. Żwirki i Wigury 16, 02 - 092 Warsaw, registered in the National Court Register of Commercial Undertakings kept by the District Court for the Capital City of Warsaw, 14th Commercial Division of the National Court Register under the KRS number 0000580004, with the share capital of PLN 320,058,550.00 paid up in full, and the Tax Identification Number 5272645593.
- The portal comprises:
- web services and electronic services provided by WP in its own name in the wp.pl Internet domain and its subdomains;
- Internet services and electronic services provided by WP in its own name in Internet domains and subdomains other than wp.pl and its subdomains (this applies in particular to the following domains: wp.tv, hityczykity.pl, grajlandia.pl, fabrykahasel.pl and other domains and subdomains belonging to WP).
- The Portal also allows Users to use web services and electronic services provided by third parties.
- The Portal presents informational content on a variety of topics, as well as promotional and advertising content on products and services supplied by WP and/or third parties.
- Portal Users can use electronic services that allow them to self-present and disseminate their own originated content, as well as for communication purposes.
- The Portal User agrees to use the Portal based on these Terms by using any website, Internet service or electronic service made available on the Portal.
- Importantly, the costs associated with sourcing and providing content on the WP Portal are covered primarily by the revenue WP receives from advertising services supplied to advertisers on the WP Portal. Accordingly, WP stipulates that content provided on the WP Portal may be presented together with advertisements.
- Use of the individual web services or electronic services provided by WP on the Portal may be based on specific regulations, in particular, relevant bylaws, price lists, notes containing data and information regarding the subject matter, scope and parameters of these websites or services. In particular, some of the web services made available by WP on the Portal may be non-public in nature, where to gain access the User will be required to register, giving data such as an e-mail address, first and last name, which identify the User uniquely, as well as give the required consents with respect to the subject matter of the web service in question and correct log-in to the web service.
- The User shall be informed and acquainted with the special regulations referred to in the preceding section of these Terms on the websites of the Portal intended for the provision of the web services or services specified in section II.1 above, in particular when using these websites or services for the first time.
III. PROTECTION OF COPYRIGHT AND OTHER RIGHTS.
- All rights to the Portal and all its components (including software, functional layout, graphics, databases and works presented on the Portal), with the exception of content originating from and distributed by Portal Users, are property of WP and/or entities cooperating with WP, and are protected by law. The Portal as well as the individual web services are available as a whole, and as such whole they constitute a piece of work to which WP owns all rights. WP takes the necessary technological and legal measures to protect the integrity of the Portal, control the use of the Portal as well as of the individual web services, aimed at limiting the use of the Portal in a way that may interfere with its functioning. Using technical measures, WP controls the use of the Portal, including the use of the Portal which bypasses the individual informational, promotional and advertising content, i.e. downloading the web pages of the Portal or the individual web services bypassing the individual content of these web pages. Downloading the Portal contents using web browsers is only possible in a way that does not infringe on WP's rights. Any use of the Portal that violates its integrity is prohibited.
- The stipulation referred to in section III.1 above applies in particular to:
- works subject to protection under the Act of 4 February 1994 on Copyright and Neighboring Rights (i.e. Journal of Laws of 2006, no. 90, item 631, as amended), and in particular: literary, journalistic, scientific and cartographic works, computer programs, visual art, photographic, industrial design, architectural, architectural and urban planning works, urban planning, musical, verbal and musical, stage, stage-musical, choreographic, pantomimic, audiovisual (including film) works and other;
- databases subject to protection under the Act of 27 July 2001 on the protection of databases (Journal of Laws no. 128, item 1402, as amended);
- trademarks subject to protection under the Industrial Property Law of 30 June 2000 (i.e., Journal of Laws of 2003, no. 119, item 1117, as amended);
- Internet domain names;
- other content and services subject to protection under the applicable laws, including the Act of 16 April 1993 on Combating Unfair Competition (i.e., Journal of Laws of 2003, no. 153, item 1503, as amended).
- Use of the Portal does not imply acquisition of any rights to the Portal or its individual components. In particular:
- Portal Users may use elements of the Portal (including works and databases made available as part of the Portal) only for their own personal use, unless their use in a broader scope is permitted by the applicable regulations or by the express consent of WP (or of other authorized entities, as the case may be);
- except as provided in section III.3.a) above, it is specifically prohibited to take the following actions with respect to the Portal, its individual parts and the content presented on the Portal without the express consent of WP (or of any other authorized entity, as the case may be): (i) with regard to recording and multiplication of the content - production of copies of any content by a specific technique, including printing, reprography, magnetic recording and digital technique; (ii) with regard to circulation of the original or copies on which the content was recorded - marketing, lending or leasing of the original or copies thereof; (iii) with respect to dissemination of the contents in a manner other than specified above - public performance, exhibition, display, reproduction, broadcasting and re-broadcasting, as well as making the work available to the public in such a way that everyone can have access to it at a place and time of their own choosing; (iv) with respect to computer programs: permanent or temporary reproduction of a computer program, wholly or in part, by any means and in any form; translation, adaptation, rearrangement or any other modification of a computer program; distribution, including lending or leasing, of a computer program or a copy thereof; (v) with respect to databases: downloading of the contents of databases and secondary use thereof, wholly or in any substantial - in terms of quality or quantity - part.
- For the avoidance of doubt and notwithstanding any other stipulations contained in these Terms, WP stipulates that without its consent it is forbidden to further distribute content originating from the Portal that includes recently published articles on political, economic or religious topics, especially those made in the form of text, text and graphics, as well as text combined with a collection ("gallery") of photographs.
- Any person wishing to use the content (especially works) made available on the Portal in a broader scope than indicated in section III.3 hereof, or who has doubts about the permissible scope of use of such content (including works), should contact WP.
- Modifying or blocking, without WP's consent, any content (in particular expressed as words, visual arts, photography, music, words and music, and audiovisual content) presented on the WP Portal may breach the applicable laws, as well as the rights of WP or others. This applies in particular to the use for this purpose of tools, such as web browsers or other applications which can modify or block content transmitted on the WP Portal, including content of advertising nature.
IV. PRIVACY AND PERSONAL DATA PROTECTION.
- In addition, the rules for the processing of Portal Users’ personal data are stipulated by the special regulations listed in section II hereof, which apply to the individual web services and electronic services made available on the Portal.
- WP reserves the right to share the Portal User's data and the data of the Portal User's statutory representative or legal guardian, as well as content originating from and distributed on the Portal by Users, if the obligation to share such information with authorized persons results from the applicable law.
V. TECHNICAL REQUIREMENTS OF THE TELEINFORMATICS SYSTEM USED BY WP.
- WP endeavors to make use of the Portal possible for Users of all popular Internet browsers, operating systems, computer types and Internet connection types. However, WP does not guarantee and is not responsible for ensuring that any combination of these factors enables use the Portal or its individual elements, in particular the electronic services made available on the Portal.
- The minimum technical requirements to enable the User to use the Portal are a web browser (preferably IE 6.0 or higher versions, or a browser based on the Mozilla 1.0 engine or higher versions). However, the ability to use the individual web services or electronic services available on the Portal may depend on making certain configurations of the Portal User's computer and meeting other technical requirements, of which the Portal User is informed in the special regulations set forth in section II of these Terms or/and on the Portal's websites designed to make those websites or services available.
VI. PORTAL FEES.
- Where WP charges fees for the use of a web service or electronic service provided on the Portal, this shall be clearly communicated to the Portal User, in particular in the special regulations set forth in section II hereof and/or on the Portal's web pages designated for the provision of such websites or services.
- However, WP notes that:
- use of the Portal may involve fees payable by Portal User to third parties for obtaining Internet access and data transmission, for which WP is not responsible; moreover, these fees are not charged by WP and do not constitute remuneration to WP for the use of the Portal;
- WP is not responsible for any fees charged for the use of web services and electronic services provided by third parties that can be accessed through the Portal; moreover, these fees are not collected by WP.
VII. CONTENT INAPPROPRIATE FOR MINORS. WP
notes that some content that may be accessed on and through the Portal's websites may be inappropriate for minors. WP endeavors to appropriately label such content, however, due to the nature of the services provided electronically, it cannot ensure full protection of minors from access to content that is not intended for them (in particular, an underage User of the Portal may ignore the appropriate messages and warnings applied by WP).
VIII. USER RIGHTS AND DUTIES.
- When using the Portal, Users are obliged to comply with the law as well as the provisions of these Terms and the special regulations set forth in section II hereof, as well as the rules of social coexistence and good custom.
- Portal Users must not upload unlawful content.
- WP is authorized to discontinue providing access to the Portal or its individual elements to a Portal User, if:
- a) the Portal User breaches the law, provisions of these Terms, the special regulations set forth in section II hereof, or the rules of social coexistence and good custom;
- b) the Portal User acts to the detriment of WP or other Portal Users or other persons;
- c) in the cases specified in the special regulations set forth in section II hereof.
IX. WP OBLIGATIONS
- WP does not guarantee a continuous and uninterrupted availability of the Portal (or its individual parts) to all Portal Users. WP is entitled to downtime or interrupt the availability and use of the Portal, in particular when it is caused by:
- a) the need to repair, expand, modify or maintain the hardware or software;
- b) causes beyond the control of WP (force majeure, acts or omissions of third parties).
- WP endeavors to ensure that the information originating from WP that appears on the Portal websites is reliable, complete, truthful and up-to-date. However, WP cannot guarantee that any information meets these conditions and that it can be used for any purpose by a Portal User. Therefore, we stipulate that WP is not liable for any consequences of the use of the information contained on the Portal's websites and for the information originating from persons other than WP (and in particular originating from the Portal Users themselves or from the persons specified in section I.3 hereof).
- The Portal's websites contain links (connections) to Internet sites that enable the use of web services and electronic services that are not made available or supplied by WP. We make every effort to eliminate links to websites that contain content in conflict with the applicable law; however, we cannot guarantee that this is always the case, as we cannot take responsibility for the current content of websites over which, due to the nature of electronic services and the possibility of posting website content by various persons (including Portal Users themselves), we have no control. In this regard, WP states that:
- Portal Users use web services and electronic services operated by entities other than WP solely at their own risk;
- WP is not responsible for the content of advertisements posted on the Portal and for any content originating from and distributed on the Portal by persons other than WP (in particular content originating from and distributed by Portal Users themselves). WP's provision of the functionality to post and distribute content referred to in the preceding sentence is limited only to the provision of the relevant technical solutions.
- Notwithstanding any other stipulations, in the case of web services and electronic services made available on the Portal by WP free of charge, WP shall not be liable for any lost benefits incurred by Portal Users in connection with the use of such websites or services.
- Notwithstanding any other stipulations, in the case of web services and electronic services which WP makes available on the Portal free of charge, WP shall not be liable for non-performance or improper performance of the websites or services if the non-performance or improper performance is due to involuntary fault.
- WP shall not be liable for non-performance or improper performance of the web services and/or electronic services made available on the Portal if caused by third parties (in particular telecommunication operators, suppliers of telecommunication connections and electricity). The limitation referred to in the preceding sentence also includes liability for damage caused by computer viruses. However, WP is liable as for its own acts or omissions for the acts or omissions of persons whose assistance it has enlisted to perform an obligation, as well as of persons to whom it entrusts the performance of obligations. WP shall also be liable in the cases referred to in this section if the liability arises under the applicable law.
- WP shall not be liable for damages caused by the actions or omissions of Portal Users, in particular for their use of the Portal in a manner incompliant with the applicable law or these Terms, or the special regulations set forth in section II hereof, as well as for damages resulting from the provision of incomplete or false data.
- WP shall not be liable for any loss of data caused by hardware or software failure or any circumstances beyond WP's control.
- WP is not responsible for any content received and sent by Portal Users via the Internet.
- Where technically justified, WP does not guarantee access to the WP Portal (wholly or in part) to persons who modify or block content presented on the WP Portal without WP's consent (in particular through tools such as web browsers or other applications).
- The Portal User is obliged to familiarize themselves with amendments to these Terms on an ongoing basis.
XI. CHANGES TO INTERNET SERVICES AND ELECTRONIC SERVICES.
- Subject to the provisions of the special regulations set forth in section II hereof, WP reserves the right to change or discontinue the web services provided on the Portal, to discontinue or make changes to the electronic services, as well as to introduce new web services or electronic services on the Portal, at any time.
- Subject to the provisions of the special regulations set forth in section II hereof, WP may inform Portal Users of changes or discontinuation of web services or electronic services, in particular by posting a relevant WP’s statement on the Portal websites.
XII. COMPLAINTS AND CORRESPONDENCE.
- The Portal User and the statutory representative or legal guardian of a Portal User who does not have legal capacity should address all correspondence and complaints in matters related to the use of the Portal using the electronic form made available on the website at: pomoc.wp.pl/formularz.html, unless the provisions of special regulations specified in section II hereof stipulate otherwise.
- Unless the provisions of special regulations specified in section II hereof stipulate otherwise, WP shall review complaints within seven working days as from the receipt of the complaint, whereby this period may be extended by a maximum of another 14 working days if the examination of the complaint requires a longer period of time. WP shall inform the Portal User about any extension of the complaint review period, indicating the time by which the processing of the complaint will be extended and the reason for the extension. The information about an extension of the complaint review time and the reason for it shall be provided to the Portal User before the expiration of the seven-day period referred to in the first sentence of this section hereof. In the event that the submitted complaint contains deficiencies that make it impossible to review it, WP, if it deems it necessary for proper examination of the complaint, shall immediately request the complainant to provide additional information, specifying a deadline, no shorter than 7 working days, and the scope of such additional information, alongside with the instruction that failure to supplement the complaint within the specified period will result in leaving the complaint unprocessed. After the ineffective expiration of the stated time limit, the complaint shall be left unprocessed.
- WP shall address any correspondence related to the use of the Portal and its response to complaints to the e-mail address provided by the Portal User, and in the case of a Portal User without legal capacity - additionally to the e-mail address provided by the legal representative or legal guardian of the Portal User.