Regulations of the Catvertiser.com website use and of provision of services by electronic means

 

1.       Introduction

1.1.    These Regulations set out general terms and conditions of providing services offered by the Catvertiser website available at catvertiser.com.

1.2.    The price list forms an integral part of the Regulations.

1.3.    These Regulations have been drawn up based on the applicable laws and specifically:

1.3.1.         Civil Code – act dated 23 April 1964 (Journal of Laws of 1964, No. 16 Item 93 as amended) (hereinafter referred to as the Civil Code)

1.3.2.         Act on Providing Services by Electronic Means, dated 18 July 2002 (Journal of Laws of 2002, No. 144 Item 1204 as amended) (hereinafter referred to as the Act on Providing Services by Electronic Means);

1.3.3.         Act on Copyright and Neighboring Rights, dated 4 February 1994 (Journal of Laws of 2006, No. 90 Item 631 as amended) (hereinafter referred to as the Copyright Act).

1.3.4.         Act on Personal Data Protection, dated 29 August 1997 (Journal of Laws of 2002, No. 101 Item 926 as amended) (hereinafter referred to as the Act on Personal Data Protection).

1.4.    In these Regulations the following terms shall have the meaning ascribed to them below:

1.4.1.         Application – software made available by the Service Provider as a service, by means of which the User may (i) conduct advertising campaigns on the Facebook Website, that is create advertising campaigns and publish them on the Facebook Website, create ad variations within a single campaign, view ads and advertising campaigns created by means of the Application and manage them using the Application. The Application uses the Facebook Ads API interface.

1.4.2.         Price List – a document available from the Website, setting out the fees for using the Services. The Price List is an offer to conclude the Agreement. The prices indicated in the Price List are binding until new prices are published in the Price List.

1.4.3.         Personal Data – personal data as understood by the Act on Personal Data Protection.

1.4.4.         Business Days – Monday through Friday inclusive, other than bank holidays as understood by the Act on Bank Holidays, dated 18 January 1951 (Journal of Laws of 1951, No. 4 Item 28 as amended)

1.4.5.         Facebook Website – online social networking service Facebook.com.

1.4.6.         Facebook Company – entity being a party to agreements with the User, which agreements entitle the User to use the Facebook Website, including to use the Facebook Website for the User’s advertising purposes.

1.4.7.         Registration Form – electronic registration form which enables the creation of the Account and registering the User on the Website for the purpose of using the Services.

1.4.8.         Password – individual sequence of characters selected by the User, which – together with the Login – is used to log the User in the Account. The Password must contain at least 5 characters.

1.4.9.         Consumer – a natural person that enters into a legal transaction which is not related directly to such person’s business or professional activity.

1.4.10.      Account – User’s individual Account created by the Service Provider in connection with the Registration, which entitles the User to use the services of the Website.

1.4.11.      Settlement Account – the account assigned to the User, which indicates the present amount of funds paid by the User to the Service Provider as the Service Provider’s remuneration. For the avoidance of doubt, it is stipulated that the settlement account is not a bank or similar account, but only a concept used to describe the status of accounts between the Service Provider and the User in connection with the provision of the Services. The funds assigned to the Settlement Account do not bear interest.

1.4.12.      Login – User’s e-mail address which, together with the Password, is used to log the User in the Account.

1.4.13.      Newsletter – online newsletter containing information related to the Website activity (including commercial information) provided to the User by means of electronic communication. The above mentioned service is provided based on User’s previous order and the User may quit it any time

1.4.14.      Subscription Period – period within which the Service Provider provides the Services to the User.

1.4.15.      Subscription Fee – fee due to the Service Provider from the User for keeping the Account in a given Subscription Period. The amount of the Subscription Fee and the currency in which it may be paid is specified in the Price List. The User chooses the currency of settlements with the Service Provider (from among the currencies available for selection on the Website) at the time of determining by the User the manner of payment on the Website.

1.4.16.      Settlement Fee – remuneration paid for the Services provided in a given Subscription Period. The Settlement Fee is a value calculated as a percentage of Advertising Fees as specified in the Price List.

1.4.17.      Advertising Fees – fees payable by the User in a given Subscription Period to the Facebook Company for the User’s use of the Facebook Website for the purposes of conducting advertising activity.

1.4.18.      Remuneration – remuneration due to the Service Provider from the User in exchange for the provision of Services.

1.4.19.      Service – performance received by the User under an agreement on the provision of services made by the Parties, consisting in particular in making it possible for the User to have an Account and providing to the User certain tools available within the Application.

1.4.20.      Service Provider – CheeseCat sp. z o.o. with its seat at ul. Lucjana Rydla 52A, 01-850 Warsaw, entered in the register of business entities kept by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Registry under number 0000376711, with the share capital amounting to PLN 600,000, NIP 701-027-88-12, owner of the Website, that provides services through the Website without the simultaneous presence of the parties, by means of the telecommunications network.

1.4.21.      User – a natural person fully capable of entering into legal transactions, legal entity or an organizational unit without legal personality, but with the capacity of entering into legal transactions, that completed the Registration and made an Agreement with the Service Provider concerning the ability to fully use the Services.

1.4.22.      Agreement – agreement on the provision of services by electronic means, the subject matter of which are the Services. The Agreement is made upon the Registration.

1.4.23.      User’s Panel – a set of functionalities of the Application, which enables the management of the Account.

1.4.24.      Regulations – these regulations.

1.4.25.      Registration – the act of providing appropriate data, including Personal Data, and of filing an appropriate declaration of will, resulting in the conclusion of the Agreement and establishment of the Account or Testing Account.

1.4.26.      Website – the Catvertiser website operated by the Service Provider, available at catvertiser.com.

1.4.27.      Party – Service Provider or the User.

1.4.28.      Parties – Service Provider and the User.

 

2.       General terms and conditions on providing services by electronic means

2.1.    The services are provided by means of a data communications system that ensures processing and storage, as well as sending and receiving data via telecommunications networks, according to the Act on Providing Services by Electronic Means.

2.2.    The content of the Website is protected by the law.

2.3.    The Website, Application and Services can be used only on the terms and conditions specified in these Regulations.

2.4.    Before Registration one should become familiar with these Regulations, Privacy Policy and the Price List.

2.5.    In order to use the Website the User should have a computer or a device with the software which allows to browse web pages as well as access to the Internet with the speed of at least 512 kb/s. The Website may be entered through the most popular browsers, i.e.: Chrome from 9.0 version up, Firefox from 3.1 version up, Internet Explorer from 8.0 version up.

2.6.    To set up an Account an active e-mail address, active Facebook account and active ad account on the Facebook Website are required.

2.7.    The User acknowledges that the Service Provider is entitled to process the Personal Data provided by the User to the extent it is necessary to perform the Agreement and to process the Personal Data for other purposes as well, if the User consent to the same

2.8.    Names (including trade names), brands, descriptions or trademarks published on the Website pages are protected by the law. They may be used only upon the authorized parties’ written consent. Any violation of such rights by the User may result in legal sanctions, including indemnity claims by the authorized entities.

2.9.    The Service Provider provides services in the Republic of Poland and abroad.

3.       General terms and conditions of using the Website

3.1.    The use of the Services is available against a fee.

3.2.    The Website, Application and Services are intended for the entities other than Consumers only. It means that only the entity which in the course of the legal transactions related to the use of the Website, Application and the Services performs legal transactions related directly to its business or professional activity may be a party to the Agreement and the entity using the Website, Application and Services.

3.3.    By accepting these Regulations the entity which concludes the Agreement represents and confirms that while concluding the Agreement and using the Website, Application and Services it performs legal transactions related directly to its business or professional activity.

3.4.    In the event the Service Provider becomes aware that the User is a Consumer, the Service Provider is entitled to terminate the Agreement with immediate effect. The preceding sentence does not preclude other claims of the Service Provider, and in particular the claims related to making false statements by the entity that entered into the Agreement or intended to enter into the Agreement.

3.5.    The Service Provider is not a party to the agreements made between the User and the Facebook Company, including agreements on the advertising activities undertaken by the User on the Facebook Website. The Service Provider shall have no liability in connection with the conclusion of agreements between the User and the Facebook Company, including in particular in connection with the performance, non-performance or improper performance of such agreements by any of the parties. The Service Provider is not an intermediary between the User and the Facebook Company and does not collect remuneration due from the User to the Facebook Company.

3.6.    The use of the Services requires Registration.

3.7.    While using the Website, the User shall specifically:

3.7.1.         comply with the Regulations and the law,

3.7.2.         use the Application only to the extent the User is authorized to do so by the Agreement and the Regulations,

3.7.3.         refrain from any activities that may hinder or disturb the operation of the Website or Application and from activities that may hinder other Users’ use of the Service or Application,

3.7.4.         refrain from activities interfering or attempting to interfere with the Service or the Application,

3.7.5.         refrain from any activities that are in breach of other Users’ rights,

3.7.6.         comply with the rules and regulations applicable to the use of the Facebook Website.

 

4.       Registration and conclusion of the Agreement

4.1.    The Website Services may be used only after the Registration.

4.2.    The Registration of the User is effected by completing the Registration Form available from a Website page.

4.3.    The fields of the Registration Form that must be completed are marked in the Registration Form.

4.4.    Once the Form has been completed and sent, the Service Provider sends the confirmation of successful Registration to the User’s e-mail address.

4.5.    Once the Registration is completed, the Parties conclude the Agreement for unspecified time.

4.6.    The User acknowledges that by concluding the Agreement the User agrees to the Service Provider’s access to data of User’s pages/profiles/accounts on the Facebook Website, through which the User conducts promotional or advertising activity by means of the Application. The data indicated in the preceding sentence shall be used by the Service Provider for the purposes of rendering Services. The Service Provider may also process and use the abovementioned data for the purposes of the Service Provider’s preparing and publishing studies and analyses regarding websites. The data used in such studies and analyses shall be anonymous, i.e. in particular they will be published with no indication of the entity they concern.

4.7.    Upon the expiry or termination of the Agreement, User’s Account may be removed from the Website

4.8.    The User is not entitled to assign rights and obligations under the Agreement made with the Service Provider without the Service Provider’s consent given in writing, otherwise being null and void. The Service Provider is entitled to assign rights and obligations under the Agreement to the third parties.

 

5.       User’s Account

5.1.    The registered User uses the Application and the Services through the Account.

5.2.    User’s use of the Application requires that the Account is linked to the User’s account on the Facebook Website by Facebook Connect and to at least one of User’s advertising accounts on the Facebook Website.

5.3.    The scope of Services rendered within the Website is specified in the Price List and follows from the functionalities of the Application.

5.4.    The Service Provider hereby reserves the right to make agreements on the provision of Services on the terms and conditions other than the terms and conditions provided herein.

5.5.    As part of the Account each User is able to use the User’s Panel through which the User can manage the User’s Account.

5.6.    With the User’s Panel the User is able to use the Application’s functions.

5.7.    Logging in the Account consists in typing the Login and the Password. The Login and Password to the Account are confidential. In order to ensure proper protection of the Password the User should change it at least once a month.

5.8.    The User should report any violations of the confidentiality of the Login and the Password to the Service Provider as soon as such violation is detected.

5.9.      In the event the User loses the Password, the User may request the Service Provider for a temporary Password to log in the Account. To obtain the temporary Password the User should use the mechanism made available on the log in Account page. A new Password shall be sent to User’s e-mail address in the form of an activating link.

5.10.  The User is not allowed to make User’s Account available to any third parties.

5.11.  Through the account the User may make any and all changes to the data provided by the User and check the scope of the Services used at any time.

 

6.       User’s obligations

6.1.      The User shall become familiar with the regulations and rules applicable to the Facebook Website before the User starts using the Application.

6.2.      The Service Provider is not liable for the User’s actions, including the actions taken through the Application, and specifically the content published by the User on the Facebook Website, including the content published through the Application.

6.3.      The User may not publish on the Website and on the Facebook Website content violating third parties’ rights, legal regulations if force, community life principles or good custom. Such content shall be deemed in particular the content that:

6.3.1.         induces or promotes racism, fanaticism, hatred or any kind of hurting any groups of people or individuals;

6.3.2.         persecutes or supports the persecution of other people;

6.3.3.         is a manifestation of sexual abuse or violence against people or contains references to content of pornographic nature;

6.3.4.         contains information which causes or poses a threat to the privacy or safety of any person;

6.3.5.         contains information promoting illegal activity or conduct that is abusive, threatening, obscene, defamatory or libelous;

6.3.6.         infringes on the intellectual property rights of the third parties;

6.3.7.         contains links to pages with limited access or available only after entering a password, or contains hidden pages or images (i.e. which are not available from another accessible page or are not linked to such page);

6.3.8.         promotes or encourages criminal activities or ventures or provides instructions about illegal activities, violating other people privacy, making available or creating computer viruses;

6.3.9.         contains a trademark or a trade name that belongs to another party and the User did not demonstrate consent to its use issued by the authorized entity;

6.3.10.      violates or constitutes an attempt to violate privacy rights, rights to commercial use of personal property, copyright, trademark protection rights, rights under contracts and other rights of any person;

6.3.11.      promotes propaganda and / or symbols of organizations which are unconstitutional or illegal;

6.3.12.      is in breach of the regulations or rules applicable to the use of the Facebook Website.

6.4.      In the event it is determined that the User publishes on the Websites the content referred to in clause 6.3 above, or performs activity that hinders or destabilizes the operation of the Website, the Service Provider is entitled to immediately block such User’s ability to use the Services, including the Application, which shall be notified to the User by e-mail.

6.5.      In the event the User does not cease the activity referred to in clause 6.3 above, the Service Provider reserves the right to terminate the Agreement with immediate effect by means of an electronic declaration sent by e-mail to the User’s e-mail address.

 

7.       Payments for the Services

7.1.      In order to use the Services in a given Subscription Period, the User must pay the Subscription Fee for a given Subscription Period. The Subscription Fee for the Subscription Period is paid in advance.

7.2.      The first Subscription Period starts at the time the first Subscription Fee is paid or drawn. The Subscription Period may not start before the Registration is completed.

7.3.      The User may pay the amount equal to the Subscription Fee or multiple Subscription Fees. At any time the Settlement Account may contain the maximum of 12 times the Subscription Fee, one Subscription Fee being the current Subscription Fee, and the remaining amount being the surplus towards future Subscription Fees.

7.4.      The Service Provider may require that the User make payments for the Services in an automated manner, that is in particular by means of Service Provider’s ability to draw payments without User’s active involvement (e.g. drawing funds from the credit card indicated by the User).

7.5.      The Remuneration for the Services in a given Subscription Period is equal to the Settlement Fees charged in that period, however it cannot be lower than the Subscription Fee in a given Subscription Period.

7.6.      The Settlement Fees are charged along with the Advertising Fees. If possible, the amount of the Settlement Fees is calculated and accounted for in the settlements concerning the Remuneration, within one Business Day following the Business Day in which the event being the basis of charging the Settlement Fee took place.

7.7.      The Remuneration is due to the Service Provider for a given Subscription Period in exchange for making the Account available to the User and regardless of the User’s actual use of the Account or the Services.

7.8.      Payment of the Subscription Fee makes the use of the Services possible throughout the Subscription Period no longer however than until the amount of the Settlement Fees attains the amount of the Subscription Fee.

7.9.      The Subscription Period takes one month, that is ends at the end of the day the date of which corresponds to the date of the first day of the Subscription Period, and if there is no such day in the month in which the Subscription Period ends – on the last day of such month.

7.10.  In the event, however, that during the Subscription Period the sum of the Settlement Fees attains the amount of the Subscription Fee, current Subscription Period ends at that time and a new Subscription Period starts.

7.11.  The commencement of a new Subscription Period results in another Subscription Fee being due. Such fee is payable on the date the new Subscription Period begins.

7.12.  The next Subscription Fee is collected in the following way:

7.12.1.   In the first place, if the User’s Settlement Account contains the Subscription Fee being the surplus, then such surplus is credited towards the next Subscription Period.

7.12.2.   If the event described in clause 7.12.1 does not occur and the User allowed the Service Provider to draw payments (e.g. from the credit card), then the commencement of the next Subscription Period results in the Subscription Fee being drawn.

7.12.3.   If neither the event described in clause 7.12.1 nor in 7.12.2 above occurs, then the User shall pay the Subscription Fee. The Service Provider may suspend the provision of the Services until the Subscription Fee is paid.

7.13.  In the event the User does not make the payments due to the Service Provider or in the event such payments cannot be drawn, the Service Provider may suspend the provision of the Services to the User. However, the failure to pay the Subscription Fee for the next Subscription Period does not result in the following Subscription Periods being stopped or in the Remuneration for them not being charged.

7.14.  In the event that at the time the Agreement ceases to be binding there is a surplus on the Settlement Account, which cannot be credited towards the amounts due to the Service Provider, such surplus shall be repaid to the User within 30 days from the date the Agreement ceases to be binding. In the event the Agreement ceases to be binding at the time which results in the current Subscription Period being stopped, the Subscription Fee for such period shall not be partially or entirely reimbursed to the User.

7.15.  The Service Provider shall send the invoices covering the amounts due to the Service Provider from the User to User’s e-mail address.

7.16.  The Service Provider may decide that the User shall make payments by transfer directly to the Service Provider’s bank account given in the invoice and on the date given in the invoice.

7.17.  The payment date shall be date the Service Provider’s bank account is credited with the payment.

7.18.  The Service Provider shall not be liable towards the User for any delay in commencing the use of the Services, resulting from the provision of improper or incomplete data required for the purposes of issuing the invoice or making the payment.

7.19.  The current Price List containing the fees is published on the Website page.

7.20.  The Service Provider reserves the right to change the prices and fees specified in the Price List and the information about such change shall be posted on the Website pages. For the avoidance of doubt, the new fees shall not apply to the Users that concluded the Agreement before the change of fees.

7.21.  In order to receive a VAT invoice the User shall provide data required for the purposes of its issuance, and in particular the company name (and name and surname in the event the Agreement is made by a natural person), address and NIP (tax identification number). The User agrees to the invoices being issued, sent and made available in an electronic form.

7.22.  In the event the Advertising Fees are expressed in a currency other than the currency of settlements between the Parties, then – for the purposes of calculation of fees due to the Service Provider from the User - the Advertising Fees shall be translated into the currency of settlements between the Parties according to the mean exchange rate of the European Central Bank as on the date preceding the date of charging the fee due from the User by the Service Provider.

7.23. In the event the Service Provider is obliged to reimburse any funds to the User, such reimbursement shall be effected by means of the same payment method that was used during a payment..

7.24. All transaction data, including personal data, entered by the user during the process of payment are processed by PayLane Sp z o.o. - operator of credit card payments..

 

8.       Intellectual property rights

8.1.      The Application is a work as understood by the Copyright Act. The User is entitled to use and transfer the Application in a manner specified in the Regulations and in the Agreement.

8.2.      The User is not entitled to use the Application otherwise than as results from the Agreement and the Regulations

8.3.      Based on the Agreement the Service Provider grants the User a payable, non-exclusive, non-transferable license, limited to the Subscription Period, to use the Application, including its updates and upgrades, without the right to sublicense the Application, in the following fields of exploitation:

8.3.1.       use of the Application by the User on computers or other similar devices held by the User, via the Internet, at a time and in a place of User’s choice.

8.4.      The use of the Application may not exceed the scope specified in the Regulations and in the Agreement, regardless of the technical capability to use the Application otherwise. The User is not entitled to introduce any modifications to the Application. The User may use the Application only using the tools provided for that purpose to the User by the Service Provider and within the scope enabled by such tools.

8.5.      The User is not entitled, regardless of the technical means applied, to allow third parties to use the Application (to the exclusion of situations where such right follows expressly from the Agreement), or to use the Application for the third parties’ purposes otherwise than as stipulated in the Regulations.

8.6.      The User is not entitled to change or remove information on copyright or other intellectual property rights from the Website or the Application.

8.7.      The User acknowledges that even small modifications of the Application may cause significant, unpredictable disturbance in its operation. The User shall be liable for any modifications of the Application made by the User or by the person(s) used by the User for that purpose.

8.8.      Any use of the Application in excess of the scope referred to in these Regulations shall require express Service Provider’s consent given in a written or electronic form, otherwise being null and void.

8.9.      Completion of the Registration is equivalent to granting the Service Provider consent to inform third parties about the fact that the User uses the Service Provider’s Services, including in particular granting the Service Provider consent to publish, without territorial restrictions, User’s marks, such as, inter alia, company name and trademark identifying the User or User’s goods or services, including in the media, on the Internet, in printed, audio and video materials.

 

9.       Termination of the Agreement

9.1.      The Parties may terminate the Agreement, subject to the period of notice, by submitting a declaration on the termination of the Agreement in an electronic form to be e-mailed to the other Party’s e-mail address.

9.2.      The period of notice applicable to the termination of the Agreement by the Service Provider starts on the date of submission of the declaration on termination and ends at the end of the Subscription Period following the Subscription Period in which the termination declaration was submitted.

9.3.      The period of notice applicable to the termination of the Agreement by the User starts on the date of submission of the declaration on termination and ends at the end of the last Subscription Period for which the User’s Subscription Fee was paid at the time of submitting the termination declaration. The period of notice applicable to the termination of the Agreement by the User may not however be shorter that the period which starts on the date of submission of the declaration on termination and ends at the end of the Subscription Period following the Subscription Period in which the termination declaration was submitted.

9.4.      Upon termination of the Agreement the Service Provider is entitled to remove the User’s Account, including all data contained in the Application database. The Service Provider does not remove any data or content uploaded by the User to the Facebook Website by means of the Application.

9.5.      The Service Provider may terminate the Agreement with immediate effect by means of a declaration in an electronic form e-mailed to the User’s e-mail address in the event the User:

9.5.1.       has violated or violates the Regulations

9.5.2.       has taken or takes steps that threaten safety of data gathered within the Website

9.5.3.       has attempted or attempts unauthorized access to the Website,

9.5.4.       has undertaken or undertakes illegal activity through the Website,

9.5.5.       has acted or acts to the detriment of the Service Provider

9.5.6.       has provided false data during the Registration process,

9.5.7.       has violated or violates Service Provider’s intellectual property rights and specifically author’s economic rights of the Service Provider,

9.5.8.       violates the rules (including in particular regulations) of using Websites,

9.5.9.       has not made the payment due to the Service Provider at the time it was due.

9.6.      In the event of termination of the Agreement by the Service Provider due to the reason or reasons indicated in clauses 6.5, 9.5.1- 9.5.8 above, the Service Provider will be entitled to receive a contractual penalty from the User amounting to twenty times the Subscription Fee in the currency in which the last Subscription Fee was charged to the User before the termination of the Agreement. The stipulation of the above contractual penalty is without prejudice to the Service Provider’s right to claim damages from the User in the amount exceeding the above contractual penalty.

 

10.   Information on special threats involved in the use of a service provided by electronic means

10.1.  The Website, the Application and the Services are used through the Internet, which involves the risks connected with using that network.

10.2.  Risks involved in the use of the Internet consist in, inter alia, the possibility of introduction to a device connected to Internet of software that may cause damage, such as, among other things, “viruses”, “bugs” and “Trojans”. Therefore, it is recommended that the User has up-to-date software counteracting such threats, such as anti-virus software and software protecting devices against third parties’ unauthorized access (firewall).

10.3.  Also the activity of the third parties attempting to gain unauthorized access to devices and data without User’s knowledge and contrary to User’s will constitutes a threat. In order to prevent such activity it is recommended that the User keep the Password giving access to the Account strictly confidential.

 

11.   Complaints

11.1.  The User is entitled to complain against the Services provided. A complaint may be made in writing to the Service Provider’s address indicated in clause 1.4.20. of the Regulations or in an electronic form to the Service Provider’s e-mail address at hello@catvertiser.com.

11.2.  In the complaint the User should specify the reason for the complaint and the scope of activities the User expect the Service Provider to undertake.

11.3.  Complaints shall be examined within 21 days from the date of their receipt by the Service Provider. The Service Provider shall inform the User about the outcome of the examination by sending an e-mail message to the User’s email address, and – in case such manner is impossible – in writing to the User’s postal address.

11.4.  In the event the complaint is recognized, the Service Provider shall take steps aimed at remedying the condition being the basis for the complaint or shall explain the reasons for its refusal to recognize the complaint.

 

12.   Exclusion of liability

12.1.  The Service Provider reserves that the Website, Application and Services may be temporarily unavailable in the event it is necessary to take technical activities regarding software or hardware, such as, e.g. update, maintenance, inspection, exchange.

12.2.  Where interruption or temporary suspension of the Website, Application or Services availability are predictable, the Service Provider shall inform the User about such occurrence in advance on the Website’s main page.

12.3.  The Service Provider shall not be liable for the non-performance or improper performance of obligations due to the reasons beyond the Service Provider’s control. The Service Provider’s liability for the non-performance or improper performance of obligations shall be limited to actual damage, not exceeding two times Service Provider’s average monthly net Remuneration received from the User in a year in which the damage occurred.

 

13.   Amendment of the Regulations

13.1.  The Service Provider reserves the right to amend the Regulations due to important reasons upon notifying Users of the same 7 days in advance. The amendments shall enter into force after 7 days from the date of notifying the Users, however an annex introducing the amendments may provide for a longer term of entering particular amendments into force. The following provisions shall apply to amendments:

13.1.1.    The important reason shall mean in particular:

13.1.1.1.   the need to modify Service Provider’s IT systems,

13.1.1.2.   change of operational processes of the Website or the Application, including modification, extension of or adding new functionalities to the Website or the Application,

13.1.1.3.   modernization of the Website or the Application,

13.1.1.4.   adjustment of the Regulations, Website or the Application to legal regulations and specifically to changes in regulations,

13.1.1.5.   reasonable reservations made by the Users,

13.1.1.6.   material circumstances of economic nature.

13.1.2.    The Users shall be notified about the amendment of the Regulations by e-mail messages containing relevant information and a uniform text of the amended Regulations, as well as by the relevant information being posted on the Website and the uniform text of the amended Regulations being made available on the Website.

13.1.3.    The User which does not agree to the amendments to the Regulations is entitled to terminate the Agreement within 7 days from receiving an e-mail on amendment of the Regulations. The User may submit the termination declaration in an electronic form by sending such declaration by email to the e-mail address: hello@catvertiser.com or in a written form by sending the termination declaration by post or courier mail to the Service Provider’s address. If the User submits the termination declaration, the consequence of such termination declaration shall be the termination of the Agreement upon the delivery of such declaration to the Service Provider.

13.1.4.    The Users who complete the Registration in the period between the publication of amendments to the Regulations and their entry into force shall be subject to the existing Regulations in that period, and in the period starting on the date of entry of amendments into force – to the amended Regulations. Such Users shall give their consent to the amendments to the Regulations at the Registration stage. Due to that the Users will not receive separate e-mail notifications about amendments and the right to terminate due to the introduction of amendments shall not apply to them.

 

14.   Final provisions

14.1.  These Regulations and the Agreement are subject to the law of the Republic of Poland.

14.2.  Issues not provided for in these Regulations shall be governed by the relevant provisions of law of the Republic of Poland, in particular the Civil Code, Act on Providing Services by Electronic Means, Copyright Act, Act on Personal Data Protection.

14.3.  Clauses 14.1 and 14.2 above shall apply only to the extent that the choice of law of the Republic of Poland is legally admissible in a given case. Clauses 14.1 and 14.2 above as well as other provisions of these Regulations are not in breach of laws applicable in the countries other than the Republic of Poland, the application of which cannot be excluded by means of an agreement.

14.4.  Any and all disputes between the Parties, including in particular disputes regarding the validity, interpretation, non-performance or improper performance of Agreements shall be subject to Polish courts’ jurisdiction. Any and all disputes between the Service Provider and the User, including in particular disputes regarding the validity, interpretation, non-performance or improper performance of the Agreements shall be submitted to the court competent for the Service Provider’s business seat and address.

14.5.  Clause 14.4 above shall apply only to the extent that the agreement on the submission to the jurisdiction of Polish courts or agreement on the submission of disputes to the court competent for the business seat of the Service Provider, as appropriate, are permitted in a given case. Clause 14.4 above is not in breach of the provisions that determine the jurisdiction or court competence otherwise, if such provisions cannot be excluded based on clause 14.4 above.

14.6.  If these Regulations are drawn up in a language other than Polish, in case of discrepancies between different language versions the Polish version shall prevail.

14.7.  As regards legal relationships between the Service Provider and the User, using User’s contractual forms shall be excluded (it concerns in particular general terms and conditions of agreements, forms of contracts, regulations etc.)

14.8.  These Regulations are available online from catvertiser.com. The User may also download the Regulations from the abovementioned page and save it on User’s own data carrier.