These Regulations set out the terms and conditions of use of the internet website under the name of PeopleRead.Me operated in the www.peopleread.me domain by PeopleRead.Me Sp. z o.o. [hereinafter referred to as: the Website], with the seat in Warsaw at ul. Ludwika Krzywickiego 34/130, 02-078 Warsaw, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 12th Business Registry Division under number KRS 0000383203, Tax ID [NIP] 701-029-20-02, REGON statistical number: 142897135, initial capital in the amount of PLN 15,000, hereinafter referred to as the Service Provider or PRM.
IP Address – shall mean a unique number allocated to the network interface based on the IP given by the internet provider;
Document – shall mean an electronic file containing text or graphic content entered in the System by the User, which is stored and administered in the System by the User within the service of hosting referred to in item 2.1 of the Regulations;
Form – shall mean an internet form used by PRM which allows the User to provide the Service Provider with data (including personal data within the meaning of the Personal Data Protection Act of 29 August 1997) necessary to register, open the User Account and use the Services;
User Account – set of data of the User used for performing Services by the Service Provider and using Services by the User;
User Profile – shall mean IT space on the Website made available to the User who opens the User Account, in which the User stores, archives and administers Documents as well as stores and publishes data pertaining to his activity on the Website;
Regulations – shall mean these regulations which constitute regulations on rendering services in the electronic form within the meaning of Article 8 clause 1 item 1) of the Act of 18 July 2002 on rendering services in the electronic form (Journal of Laws of 2002, No 144, item 1204, as amended);
Website – shall mean an internet website under the name of PeopleRead.Me operated by the Service Provider in the www.peopleread.me domain, together with all related websites, in accordance with the functionalities offered on the Website and its content;
System – shall mean an IT system of PRM which offers the functionalities of the Website and which consists of the space on servers to be used by PRM and software of PRM;
Services – shall mean services rendered in the electronic form by PRM within the operation of the Website, specified in item 3 of the Regulations;
User – shall mean a natural person having full capacity for acts in law, a natural person having limited capacity for acts in law acting upon consent of his statutory representative, a legal person or an organisational entity not having legal personality that use the Website and its Services.
1. The User shall carry out the registration procedure on the Website in order to use the Services.
2. In order to register, the User shall fill in the Form by stating his e-mail address, password to be used for logging in to his Account and nickname under which he will be visible for other Users.
3. For security reasons, the suggested password shall consist of at least 8 characters (lower-case and upper-case letters, digits and special characters). PRM guarantees a high level of security of access to accounts of individual Users, however, it is the User that is the owner of his password and in that scope he is solely liable for any actions connected with using that password. The User shall be obligated to keep his password in strict secrecy. PRM advises Users (1) to select the password in such a manner that it is difficult to guess by other persons or software, and (2) to periodically, at least every three months, change the password.
5. Following the completion and sending the Form, the registering person shall receive a message sent at the e-mail address specified in the Form. The message shall contain a request to click the activation link, which will activate the User Account.
6. The User may amend his data provided at the registration stage.
7. When the Regulations are accepted in the electronic form, the User and PRM become parties to the agreement on rendering services in the electronic form concluded by and between the User and PRM. The content of the agreement shall be the provisions of the Regulations as well as any declarations and reservations of PRM contained on the Website and declarations of the User made in the electronic form in the course of using the functionalities of the Website.
8. The User accepts the Regulations by making a declaration of will to be bound by the provisions of the Regulations and the terms and conditions of using the Services, as obligations under the agreement on using the Services.
9. The User may also register on the Website by using his registration data originating from other social networking websites. In order to start such a registration, it is sufficient to click a dedicated icon showing the name of a given social networking website.
10. In order to effectively register, the User shall grant his consent to have the Service Provider obtain data necessary for registration on the Website from the social networking website. The Service Provider shall not be granted access to the password of a given User within a given social networking website.
11. In the case of registration through another social networking website, the nickname and password of the User are identical to the ones that the User uses to register in a given social networking website.
12. When PRM is allowed to obtain data from another social networking website, the registration procedure is terminated. The User and PRM become parties to the agreement on rendering services in the electronic form concluded by and between the User and PRM. The content of the agreement shall be the provisions of the Regulations as well as any declarations and reservations of PRM contained on the Website and declarations of the User made in the electronic form in the course of using the functionalities of the Website.
13. Following termination of the registration procedure in the manner referred to in items 9-12 above, the User shall receive a welcome e-mail sent at the address indicated during registration.
14. The User declares that any data contained in the Form are entirely true, current and complete. When registering, the User is solely liable for the correctness, content and form of any data and information he provides. Providing incorrect data and information, in particular data of third parties or fictitious data, shall be prohibited.
15. The User undertakes not to grant access to the User Account and the User Profile to persons other than the User.
16. The User undertakes to use a password of adequate difficulty to protect it against being guessed, and to use software protecting against unauthorised access of third parties to the data stored on the hardware of the User.
17. The User shall be fully liable, as for its own actions, for any possible factual and legal actions taken within the functionalities of the Website by third persons with the use of the User Account or the User Profile and data contained therein, in particular in terms of administration of Documents and making them available, unless a given activity resulted from the failure to apply due safety standards by the Service Provider.
18. One person may have only one User Account and one User Profile.
1. On the Website, PRM renders hosting services, within which:
a. the User creates and maintains the User Profile.
b. PRM makes available a Profile within the System for the purposes of storing Documents by the User. The User may add a Document saved on his local disc in the following formats: DOC, DOCX, PPT, PPTX, XLS, XLSX, TXT, RTF, MOBI, LIT, PRC, EPUB, HTML or PDF. The User may also use ZIP and RAR files.
2. PRM makes available to the User the IT infrastructure of PRM and software enabling:
a. access to Documents via fixed and mobile devices,
b. administration of Documents, in particular archiving and editing them, commenting on them and sharing them with other Users on the terms and conditions provided for in the Regulations and specific functionalities of the Website.
3. For the avoidance of doubt, PRM and the User, who accepts the provisions of the Regulations, declare that regardless of the possible classification of elements of a hosting agreement, the legal relationship that binds the Parties shall take the form of a hosting agreement as it consists in the service rendered by the service provider in the form of permanent storage of IT data of the customer together with ensuring him technical possibility of sharing data with third parties, in accordance with broad interpretation of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178 of 17 July 2000).
4. An unregistered User may only browse the Website but he may not access the Documents, open and maintain the User Profile and communicate with other Users. Such a User is, however, obligated to comply with the provisions of the Regulations pertaining to the intellectual property protection, in particular the provisions specified in item 5.1 below.
5. Within the Service that is made available to the User, he opens and maintains the User Profile.
6. Whenever the Regulations refer to an activity performed by the System, it shall mean an activity which is by default automatically made by the software being part of the System.
7. The Services of administering the Documents consist in making available to the registered User by PRM of original software of PRM which constitutes part of the System, through which the User may:
a. share Documents entered by himself to the System and documents that were shared with him within the limits provided for by intellectual property laws, including the limits of authorisation of the sharing User.
b. edit own Documents and edit Documents shared within the limits provided for by intellectual property laws, including within the limits of authorisation of the sharing User.
c. be granted access to Documents of another User via fixed and mobile devices, also with the use of the original text reader of PRM. In that regard, the User may use the following channels of access to Documents:
- Any reader, e.g. Eclicto, Onyx, Sony, iPad and phones, e.g. iPhone, Samsung, HTC (with mobile iOS or Android systems) – Documents are downloaded in the EPUB format;
- Kindle – Documents are downloaded in the MOBI format;
- Original format – Documents are downloaded in the format without conversion by means of the software of PRM (e.g. PDF, TXT, HTML, etc.);
- Reading Documents in the cloud.
d. Provide data concerning Documents entered to other registered Users.
e. comment on the content of Documents shared and share comments made in a Document with other registered Users.
8. The User declares that he is fully aware of the fact that the purpose of the Service rendered to him referred to in items 3.8–3.15 is ensuring by PRM the possibility of wide exchange of Documents entered by Users in the System between registered Users and creating a large platform of analysis, opinions and exchange of knowledge regarding Documents, however the Services made available with the aim of achieving that aim may not be used in any manner that violates the provisions of the Act of 4 February 1994 on copyrights and related rights, as well as other provisions which set out the terms and conditions of protection of subjective rights pertaining to intellectual property.
9. In order to execute the functionalities specified in item 3.8 c) above, the User acknowledges that all Documents entered by him in the User Profile will be converted by the System to the e-book formats adapted to the System operations, to which the User grants his consent.
10. The User may share Documents with other Users, but he is not obligated to do so, which constitutes one of the Services.
11. The User shall not have the right to request that another User or PRM make available a Document entered in the System by another User.
12. The User that entered a Document in the System shall decide about the scope of sharing the Document with other Users, subject to item 3.15 below. The Website allows the User to set a subjective scope of availability of a Document, based on which a Document will be available:
a. to all registered Users;
b. to all friends marked with that status in the User Profile registered on a social networking website indicated by the User;
c. to a specific group of registered Users specified by the User;
d. to a specific person.
13. The Service of providing software that allows for sharing Documents by the User enables the User to specify the subjective scope of availability of a Document. That shall mean that another User or other Users is/are given authorisation to use the Document, depending on a decision of the sharing User, by:
a. familiarising oneself with the content of the Document;
b. downloading by another User of a converted file that contains fixing of the Document;
c. the possibility of commenting on the Document in a file containing the Document;
d. editing the content fixed in the Document;
e. further sharing of the Document, in accordance with the terms and conditions specified in item 3.13;
f. the possibility of changing the subjective scope of further sharing of the Document.
14. Notwithstanding the provisions of items 3.13 and 3.14 above, by accepting the Regulations, the User declares that he is aware that the Document entered in the System for the first time and shown in the User Profile will be given by the System a status of a commonly available Document in the full objective scope specified in item 14 and in the subjective scope specified in item 3.13 a) above. When entering a Document in the System, the User may immediately specify limitations as to the objective or subjective scope of Document availability.
4. Nature of Document availability on the Website
1. The Service shall mean solely making available of IT space of the Website, for the use of the User, including making available of space on the servers of PRM for the purposes of storing and administering data.
2. Having regard to lack of possibility of prior verification of Documents, PRM does not give any guarantee as to the content and materials placed on the Website by Users, in particular as to their usefulness, fitness for a particular purpose, value and completeness.
3. The User and PRM declare that entering of a Document in the System by the User, as well as other activities consisting in making available of a Document by the User, constitute, in each case of using the functionalities of the Website, active steps of the Users which are taken as a result of his own decisions and based on knowledge of author’s moral rights and author’s economic rights to the content fixed in the Document. In no case shall those activities constitute dissemination of a Document by PRM.
4. No statements or comments of the User placed on the Website, both in the content of the Documents and within other functionalities of the Website, shall constitute press material or publication of PRM. The User who is the author of such content shall bear full personal liability for its dissemination.
5. Each time a document is entered in the System and/or it is made available to another person, in any scope of availability specified in the Regulations, the User declares that the action is within the author’s moral and/or economic authorisation required to legally use the Document in a manner which he selects, and that such an action will not violate any authorisation of third parties protected by law. Moreover, the User declares that making the Document available within the System as well as its conversion in accordance with item 3.10 above will not entail deleting or circumventing effective technological protection measures of works or subjects of related rights.
6. It is inadmissible for Users to publish on the Website content or other materials, in particular Documents, which:
a. are against the law or rules of social co-existence;
b. approve of or incite to hatred, violence, racial or religious hatred, fascism, Nazism or communism;
c. are defamatory, insulting or infringe protected interest of third parties;
d. are obscene, pornographic, vulgar or in any other manner contrary to accepted social norms or could threaten minors;
e. are advertising or unsolicited commercial information;
f. serve deletion, modification, destruction of or hindering access to IT data, disruption of processing, collecting or transfer of such data, disruption of work of systems or data communication networks, disruption or deletion of technological protection measures or DRM systems;
g. allow for unauthorised access to information stored in any computer system or data communication networks, in particular access codes and passwords.
7. The User declares that he accepts as binding that in terms of functioning of the Website and rendering Services by PRM, the relationship between the User and PRM is based on the terms and conditions proper for the service set out in Article 14 and Article 15 of the Act of rendering services in the electronic form and Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178 of 17 July 2000), with regard to excluding liability of intermediary providers of information society services, under which:
a. PRM shall not be obligated to verify the content of the data and materials stored in the System and made available by the User on the Website as to their compliance with the law as well as to actively seek facts or circumstances pointing to illegal action of the User.
b. PRM shall be authorised to remove access to each Document entered by the User in the System. Whenever PRM is officially notified of, learns or obtains reliable information on the illegal nature of a Document, PRM shall have the right to remove access to a specific Document entered by the User in the System, limit User’s possibility of dissemination of Documents he entered in the System or, in the case of repeated reservations as to legality of Documents on a given User Profile, to close the Account and Profile of that User.
8. Notwithstanding the terms and conditions set out in item 4.7 above, the User declares that by accepting the provisions of the Regulations, he assumes full and unlimited liability for infringement of author’s moral rights and/or author’s economic rights caused by entering a Document in the System and/or activities taken on the Website with the use of the Document.
9. Notwithstanding the terms and conditions set out in item 4.7 above, the User declares that by accepting the provisions of the Regulations, he assumes full and unlimited liability for violation of commonly binding provisions of law other than those set out in item 4.8 above caused by entering a Document in the System and/or activities taken on the Website with the use of the Document.
10. Should an authorised body or a natural or legal person or an organisational unit without legal personality make any claims, demands or accusations concerning violation of law by entering a Document in the System and/or activities taken with the use of the Document, the User undertakes to immediately enter into any relationships and take legal activities in that regard. In the case any adjudicating court or body decides that PRM is liable for violation of law through the above-mentioned activities, the User undertakes to execute in full scope and at his own cost any legal effects resulting therefrom towards the authorised entity and to cover the damage, including but not limited to, the costs of proceedings and legal expenses as well as actually incurred costs of legal representation.
11. Notwithstanding the authorisation referred to in item 4.7 b) above, in the case of a glaring violation by the User in the course of using the Service of commonly binding provisions of law, in particular penal law provisions, PRM shall be entitled to immediately and permanently delete the User Account and User Profile, and at the same time to terminate the agreement with immediate effect and to notify proper authorities of the fact of violation of law.
12. Each User may send PRM at the e-mail address of firstname.lastname@example.org notifications concerning violation of the provisions of the Regulations by other Users. That does not pertain to notifying violations with regard to illegality of Document use, referred to in item 4.13 below.
13. Each User shall have the right to present PRM information pertaining to infringement by another User of author’s moral rights and/or author’s economic rights of a User or other entities, other intellectual property rights and other commonly binding provisions of law by use of a Document on the Website. Such a notification shall be made in writing and sent by registered mail at the address of the seat of PRM or by e-mail at the address: email@example.com.
5. Exclusive rights
1. All materials and content being part of the Website, excluding Documents of Users, which cover in particular texts, photos, infographics, films, soundtracks, navigation solutions, selection and layout of content and graphics, compilations, software and databases, constitute the subject of intangible property rights to works or databases of the Service Provider or third parties and are subject to protection under the Act on copyright and related rights, Act on protection of databases and international conventions that the Republic of Poland is a party to. Any designations placed on the Website shall be subject to protection under the Act – Industrial Property Law and relevant provisions of law of the European Union.
2. Any use of the above-mentioned materials which exceeds learning its content through internet browser and the scope admissible by the provisions of the Regulations, shall constitute infringement of copyright and shall entail civil and penal liability.
3. Any commercial designations published on the Website and commercial designations placed in advertisements disseminated on the Website are registered trademarks or unregistered commercial designations and are subject to protection under the Act – Industrial Property Law, relevant provisions of law of the European Union, relevant international conventions, the Act on combating unfair competition, the Code of Commercial Companies and Partnerships and the Civil Code.
4. Making available of Documents on the Website and using the Website by the User, both its free part as well as paid access to Documents, shall entitle the User to use them solely within the scope of authorised personal use. In particular, the User is not authorised:
a. to copy and disseminate Documents, including placing them on other internet websites or disseminating them in any other manner in whole or in part;
b. to place links to the internet site of the Website in such a manner that it is difficult or impossible to learn the source of Documents;
c. to multiply Documents on carriers and disseminate them or introduce on the market copies of Documents created in that manner;
d. to disseminate works derived from Materials regardless of the reasons for or the aim of such dissemination as well as making adaptations, amendments, abbreviations or synchronisations with other works or their dissemination;
e. to make any broadcast which uses the Materials, both in whole or in part, including synchronisation with other works or subjects of related rights.
5. The provisions of item 5.4 above do not exclude broader authorisations or obligations of a given User resulting from special types of licences to a given Document (such as Creative Commons).
6. Liability and rights and obligations of PRM
1. PRM undertakes to make every effort to ensure correct functioning of the Website and its 24/7 availability and to ensure that the information placed on the Website is of the highest quality.
2. PRM undertakes to make every effort to eliminate on a current basis any technical inaccuracies and typographical errors in the information contained on the Website.
3. PRM reserves itself the right:
a. to change usability features and functions of the Website, in particular with regard to the scope and type of services and functionalities in compliance with the relevant procedure of informing the Users of the introduced changes, subject to the fact that in the case of changes consisting in deletion of certain functionalities of the Website, the procedure provided for in item 10.1. below shall be applied.
b. to periodic maintenance breaks necessary to develop the Website and minimise the risk of failures. PRM will make every effort to guarantee that they do not affect the quality of the services rendered on the Website.
c. to apply mechanisms specified in items 4.7 b), 4.11 and 7.3 of the Regulations.
4. PRM undertakes to make every effort to guarantee that all applications placed on the Website work properly.
7. The manner of using the Website by Users
1. The User is obligated to use the Website in the manner which is compliant with the Regulations, provisions of law, rules of social co-existence, customs adopted on the internet (Netiquette) and good manners.
2. The User is in particular obligated:
a. to refrain from any actions which may hinder or disrupt functioning of the Website, in particular such actions which may render it difficult for other Users to use the Website;
b. not to provide any untrue personal data, in particular it is inadmissible to create non-existent Users and provide personal data of other persons as own personal data, use Accounts of other Users or make available of own Accounts to other persons;
c. to refrain from placing on the Website or supplying via the Website content or materials, in particular Documents, contrary to the binding law or rules of social co-existence, vulgar, obscene or pornographic content, content which is commonly regarded as insulting, content which infringes personal rights of other persons, unauthorised use of the image of another person, content which incites to commit a crime, content which propagates violence or is morally reprehensible, or which infringes good manners or violates the rules of Netiquette;
d. to refrain from other conduct which could objectively be deemed clearly unwanted or reprehensible, or conduct which is contrary to the purpose of the Website.
e. to refrain from any actions that may infringe privacy of other Users, in particular from collecting, processing and disseminating information on other Users without their individual consent, as well as to refrain from violating the secrecy of correspondence;
f. not to use the Website – also indirectly – to send unsolicited commercial information;
g. to update data required to contact a given User;
h. to refrain from any actions which tarnish the reputation of PRM and entities cooperating with PRM;
i. to refrain from any actions which infringe privacy and tarnish reputation of other persons;
3. Moreover, in the course of exchange of comments between Users of the Website, all conduct norms applicable during a standard conversation shall apply. Screaming (using capital letters), using imperative forms and expressions which are commonly regarded as vulgar are not welcome and any person who uses them may receive a warning, their comment may be deleted and in extreme cases – their User Account may be deleted (the User may be banned). In particular, posts containing threats and insults shall be prohibited. Moreover, Users shall pay attention to grammatical correctness and proper spelling of posts they publish.
4. In the case of any questions connected with the functioning of the Website or the manner of using it, the User may contact the technical support department by sending an e-mail at the e-mail address: firstname.lastname@example.org.
8. Complaint procedure
1. The User shall have the right to make a complaint for the Services rendered by PRM on the Website.
2 The entity authorised to consider complaints shall be PRM.
3. Complaints shall be sent in particular at the e-mail address email@example.com in the electronic form (the subject line of the e-mail shall contain the word “complaint”) and they shall include: (1) the subject matter of the complaint and its justification (2) data of the User (name, surname, address, e-mail address).
4. PRM reserves itself the right to contact the User so that the User completes the information contained in the complaint if the information provided by the User is incomplete and consideration of the complaint by PRM is impossible.
5. Complete complaints shall be considered by PRM within 14 days of their receipt. The decision concerning the complaint shall be communicated to the User at the e-mail address indicated in the complaint.
9. Termination of the agreement on rendering Services
1. The agreement on rendering Services concluded based on the provisions of the Regulations may be terminated by the User at any time by deactivation of the User Account. That will provoke closing the User Profile and deletion of all Documents collected there as well as deletion of those Documents from Profiles of other Users who shared a given Document.
2. The agreement on rendering Services concluded based on the provisions of the Regulations may be terminated by PRM in the cases specified in the Regulations, in particular in items 4.7, 4.11 or 7.3 hereof. That will provoke closing the User Profile and deletion of all Documents collected there as well as deletion of those Documents from Profiles of other Users, who were granted access to a given Document. In such cases PRM deletes also the User Account.
3. PRM may refuse to render Services and delete the User Account if it was re-opened after PRM terminated the agreement and deleted the Account from the Website as a result of violation by the User of the provisions of law or the Regulations.
4. In all cases of termination of the agreement, all declarations of a given User pertaining to the conformity with the law of Documents made available by the User during the term of the agreement as well as liability for possible violations in that regard shall remain valid.
10. Final provisions
1. The User acknowledges the fact that since the Service Provider began to render Services immediately after conclusion of the agreement in accordance with item 2 of the Regulations, and at the same time prior to the lapse of the statutory period for making a declaration on withdrawing from a distance agreement, he shall not have the right to withdraw from an agreement concluded in that manner. Termination of an agreement may be made as specified in item 9.1 above.
2. The Service Provider shall have the right to amend the provisions of the Regulations. Information on such amendments to the Regulations shall be communicated to Users within 7 days prior to their entry into force by placing such information on the Website and by the electronic form by sending a system communication to the registered Users of the Website, at the e-mail address provided during registration.
3. The User shall have the right to immediately terminate the agreement on rendering Services immediately after receiving the information indicated in item 10.1 above.
4. Should it be stated that any provision of the Regulations is for any reason, in whole or in part, invalid, PRM undertakes to make such amendments to its wording so that such an invalidity be removed. Invalidity of one provision of the Regulations shall not affect the validity of other provisions of the Regulations.
5. To the cases not regulated in the Regulations the currently binding provisions of law shall apply.
6. Any disputes arising out of the application of the Regulations shall be resolved by competent common courts.
7. The Regulations shall enter into force on 1 January 2012.