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The Website Terms Of Service

Polish version

The owner of the website is Digibuzz Sp. z o.o. based in Katowice (40-172) at ul. Grabowa 2, entered into the register of entrepreneurs of the National Court Register kept by the District Court Katowice-East in Katowice 8th Economic Division of the National Court Register under KRS number 0000387440, NIP (tax identification number): 954-272-59-16, REGON (business statistical number): 241962821, with share capital of PLN 5.000,00 paid in full.

§1 [Definitions]

“TOS” – these Website terms of service;
“Website” – an internet Website available at or an application for mobile devices Photom;
“Service Provider” – the owner of the Website, Digibuzz Sp. z o.o.
“User” – a natural or legal person who uses the Website in accordance with these TOS;
“Service“ – a Service which enables the User to use the Software for managing, editing and distributing photos as well as space on servers of the Service Provider and of the third parties;
“Software” –all applications available on the Website;

§2 [Conclusion of the agreement]

1. The Website User must be a natural person over the age of 13. Individuals with limited capacity to perform acts in law, including those under the age of 18, can use the Website with permission of parents or other legal representatives.
2. The Website enables the User to access the Service via the Internet (an on-line service).
3. The prerequisite of using the Website is the acceptance of these TOS.
4. The agreement between the User and Service Provider shall be deemed concluded at the moment when the Service Provider proceeds with the performance of the Service.
5. Minimum technical requirements for using the Software are: a. For a computer:
• 1 gigahertz (GHz) or faster 32-bit (x86) or 64- bit (x64) processor
• 1 gigabyte (GB) RAM (32- bit) or 2 GB RAM (64-bit)
• 16GB free disc space (32-bit) or 20 GB (64-bit)
b. For a mobile device:
• iOS (min 7.x and compatible ) system, Android (min. 2.3.x and compatible) system, Windows Phone (min. 8.0 and compatible)
6. Information on the Website’s current offer, price list and description of the Service are available on the Website and the application for mobile devices.
7. The User gains access to the Software by registration, i.e. by typing their e-mail address, promotional code, if any, and password in the Website registration window.
8. The Service Provider may terminate the agreement immediately if the User infringes the provisions of §3, § 4 or §5.

§3 [Intellectual Property Rights]

1. The Software is a copy-right protected computer programme. All rights to the Software and to other components of the Website are reserved and belong to the Service Provider.
2. Upon granting the access to the Service as specified §2 hereof, the Service Provider grants the User a revocable, non-transferable, geographically unlimited and non-exclusive licence to use the available components of the Software to the extent of a normal use of the Software in compliance with its purpose for the end user – by running and displaying in a web browser (on-line service) or installing and launching on a mobile device – with no right to grant further sublicences.
3. The User may not lease, rent or make the Software available to third parties otherwise than expressed in this agreement
4. Upon uploading to the Website – via an Software or otherwise – any contents subject to copyrights or any other intellectual property right, the User warrants that these contents do not infringe any third-party rights, and grants the Service Provider a free, unlimited in time or in space and non-exclusive licence with the right to grant sublicences, to use the said contents to the extent necessary to provide the Service at an suitably high level. The Service Provider shall be thus licensed in particularly to:
a. digitally save, store, create the back-ups of, multiply and display the contents on its own and on third-party servers;
b. distribute the contents by making them publicly accessible so that a limited or unlimited group of people can access it anytime and anywhere, as each time determined by the User who uses the Software;
5. The User, who uploads their or third parties' image, consents to distributing this image to the extent necessary to provide the Service and declares that third parties gave consent to have their image uploaded.
6. The User agrees to label contents uploaded to the Website with their login.
7. The User may provide a list of the contents and demand to have the listed items and their back-ups deleted from the servers of the Service Provider and of the third parties, with whom the Service Provider cooperates in performance of the Service. Should that be the case, it may result in a non-performance or limited performance by the Service Provider. Such a demand must be submitted to

§4 [Terms and conditions of using the Service]

1. The User uses the Software at their own risk. The Service Provider provides the Software “as is” with no guarantee or warranty either for the Software or for the Service. Any warranties for the Software or for the Service, expressed or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or satisfactory quality, are excluded. In particular, the Service Provider does not guarantee:
a. undistorted use (“operation”) of the Software;
b. the removal of any possible defects in the Software;
c. the compatibility of the Software with programs created by third parties.
2. The Service Provider shall not be liable to the User or any third party for any damage, including but not limited to direct, indirect, special, incidental, consequential and moral damages, in particular damages resulting from the loss, inaccuracy or damage of data, unauthorized access to the data by a third party, purchase of substitute goods or services, loss of expected profit, savings or goodwill due to the Service Providers’ unintended fault, including but not limited to the defects of the Software, torts, undue care, improper performance or non-performance hereof by the Service Provider, the use, misuse, inability to use, or interference in the use of the Software by the User, even if the Service Provider has been advised of the possibility of such damage.
3. Should the law not allow for the exclusion of liability on the part of the Service Provider, the Service Provider shall be liable to the amount of USD 15 (fifteen dollars).
4. The liability, guarantee and warranties of the Service Provider shall be excluded to the maximum extent allowed by the law. However no provision hereof shall infringe the User’s rights vested upon the User by the applicable mandatory provisions of law, including the law governing this agreement, subject to §8(5) hereof, and in particular provisions on consumer protection.

§5 [Use of the Service]

1. As the part of the Website, the Service Provider provides the User with the Software for managing, editing and distributing photos as well as space needed for their storage on servers of the Service Provider and of the third parties. The Software can be used only for that purpose.
2. The Service Provider may at any time improve or modify the Software, without notifying the User thereof.
3. The User shall not upload to the Website, either directly or by links, any contents which infringe the law or the principles of morality, including but not limited to:
a. confidential contents;
b. unsolicited commercial information;
c. contents which is obscene, offensive, defamatory, making use of third parties' image without their consent or otherwise infringe personal rights of the Service Provider or a third party;
d. pornographic contents;
e. contents which promote violence, terrorism, or incite to hatred, racism, xenophobia and religious conflicts;
f. contents which disturb the operation of the Service Provider’s or third party’s hardware, such as computer viruses, etc.;
g. contents which infringe intellectual property rights of the Service Provider or third parties, or incite to such an infringement.
4. The Service Provider does not monitor contents uploaded by the User and shall not be liable for any stored data, provided that the Service Provider does not know that the data or connected activities are unlawful, and in event of receiving an official notice or reliable information on unlawful data or connected activities the Service Provider will without delay grant access to this data.
5. The Service Provider reserves the right to delete the contents uploaded to the Website by the User.
6. The User is fully liable for the contents uploaded by them to the Website and shall hold the Service Provider harmless from any liability for infringing any third party’s rights resulting from the exploitation thereof. In particular, the User shall indemnify and hold harmless the Service Provider from any third-party claims and expenses, including costs of court proceedings, legal aid costs, attorneys’ fees, damages, reliefs and any other performance for the benefit of a third party.

§6 [Privacy Policy]

1. The User submits his personal data to the Service Provider only to the extent necessary to properly perform the Service. In order to register on the Website it is necessary to submit the User’s e-mail address; in order to make a payment on the Website it is necessary to submit the data required by the payment intermediary - Google Play, App Store iOS, Windows Phone Store. The User submits his data voluntarily, however failure to submit it results in a non-performance or limited performance of the Service. The User shall be held responsible for providing false personal data.
2. The personal data of the User are protected under the Personal Data Protection Act of 29th August 1997 (Dz.U. [Journal of Laws] of 2002 No.101 item 926, as amended) in a way that prevents a third-party access thereto.
3. The User may access and modify his personal data and may request to have his data deleted. The User's account is deleted within 30 days of the day when such a demand was submitted.
4. The website uses cookie files, which allow to collect, store, process and use diagnostic, commercial or technical data, such as the information about the User’s computer, operation system, software and peripheral devices by the Service Provider in order to maintain the User's session, so the User does not need to enter their login and password on every subpage and to display the appropriate content for the particular User. This data is sent by the Software regardless of the User’s direct activity. The Service Provider is not able to link it to a particular User, without excessive cost, effort or time expenditure. Usage of cookie files by the Website can be switched off by means of one's browser's settings.

§7 [Complaints]

1. The User who is a consumer within the meaning of the Civil Code may lodge a complaint that the Service does not conform to the agreement.
2. Complaints are handled within 14 working days of the receipt of the notification by e-mail to the address or in writing to the address: ul. Grabowa 2 (40-172), Katowice.
3. If the complaint is admitted, the User shall be granted an access to a full-value Service in conformity with the agreement, or if that is not possible, the User shall be granted a refund of the price paid.

§8 [Final provisions]

1. These TOS shall be construed in accordance with Polish law.
2. This agreement is subject to Polish law.
3. Any disputes arising herefrom shall be resolved by the court of competent jurisdiction over the Service Provider except for the disputes, for which the jurisdiction shall be determined by the applicable mandatory provisions on consumer protection.
4. The Service Provider reserves the right to modify the TOS. Any changes to the TOS shall take effect within 2 days from the day when a new version is published on the website of the Service Provider or the application for mobile devices. Lack of acceptance of the updated TOS results in termination of this agreement. However, continued use of the Website by the User regardless of their lack of acceptance of changes to the TOS constitutes acceptance of the updated TOS.
5. Should any of the provision hereof become invalid or unenforceable, the remaining portions will remain in full force and effect. The invalid or unenforceable provisions shall be replaced with a valid and enforceable provision that to the maximum possible extent achieves the original intent of the parties and economic effect of the provisions thus held invalid or unenforceable.