Preamble

These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) define rules for the using and functioning of the eStoreContent website under the following address: eStoreContent.com (hereinafter referred to as the “Website”).

The provisions of these Terms and Conditions together with the provisions of law applicable on the territory of the Republic of Poland define the rights and obligations of the Users of the eStoreContent website, as well as the rights, obligations and the scope of liability of entities entitled to operate and administer services offered through it.

Article 1: Definitions

These Terms and Conditions define conditions governing the use of the eStoreContent website, including in particular the rights and obligations of the Users of the Website in question.

  • For the avoidance of doubt, it is agreed that – unless the context in which given concepts are used otherwise – specific definitions have the following meaning:
    • Terms and Conditions – should be understood as these Terms and Conditions defining conditions governing the use of the Website, rights and obligations of the owner of the Website in question and its Users, conditions governing the provision of services by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means, personal data protection rules and principles defining the scope of the Website’s owner liability on account of the provision of services within the Website.
    • Website – should be understood as the internet service available under the following address: www.estorecontent.com designed for searching data placed on the Website, their downloading, copying and publishing under conditions defined herein.
    • Product Description – should be understood as all information made available to the User through the Website, regardless of whether it is in graphic form (e.g. packshot) or text form.
    • eStoreMedia – should be understood as eStoreMedia sp. z o.o. z with its registered office in Warsaw, entered into the Register of Businesses of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division under the KRS no. 0000341503, business id. no. (REGON) 142127029, tax id. no. (NIP) 7010209946.
    • User – should be understood as a legal person, a natural person or an organisational unit without legal personality with an active Account, using the Website offered by eStoreContent upon prior acceptance of the Terms and Conditions and the fulfilment of their provisions.
    • Account – should be understood as an individual entry dedicated to the User which exists in the database and makes it possible to use services provided by the Website.
    • Registration Form – should be understood as a form made available by the Website during setting up an Account, enabling the entry of data by the future User.
    • Registration – should be understood as the entry of accurate and complete data and their acceptance by the User.

Article 2: Basic information

  1. The owner of the eStoreContent website is eStoreMedia Sp. z o.o. with its registered office in Warsaw.
  2. The eStoreContent website enables Users to copy, download and publish product data found on the Website.
  3. The use of the Website means the acceptance of these Terms and Conditions with all consequences resulting therefrom.

Article 3: Conditions governing the use of the Website

  1. Through the acceptance of the Terms and Conditions, the User agrees to use the Website only in the scope defined in detail in Article 2(2) above. The User is liable for damage caused by improper use of the Website.
  2. The use of the Website is possible only through the Account and exclusively in one's own name. The use of the Website by a given person in the third party's name means that this person has an appropriate authorisation valid under applicable law. In the absence thereof or in the case of exceeding the bounds of the authorisation, this person is solely liable for their actions and takes liability for possible damage caused thereby.
  3. The use of the Account by the User is possible after its creation by eStoreMedia.
  4. In the event of a suspicion that the User has submitted false data, eStoreMedia reserves the right to request the User to confirm their accuracy, in particular through the submission of appropriate documents.
  5. The User undertakes to notify immediately eStoreMedia in the case of unauthorised use of their Account or even a suspicion of unauthorised use. The notification of eStoreMedia does not release the User from liability for damage caused by unauthorised use of their Account unless the data in question have been disclosed as a result of eStoreMedia's intentional fault or gross negligence.
  6. eStoreMedia reserves the right to remove the User’s Account and / or to request the User to stop using (storing) Product Descriptions in the case of an infringement of these Terms and Conditions or in the case of the use by the User of the Website not compliant with its purpose. In the case of further use (i.e. after the User has received the request to stop the use of Product Descriptions) by the User of Product Descriptions, eStoreMedia is entitled to claim liquidated damages from the User in the amount of PLN 1,000 for each day of continued infringement.
  7. eStoreMedia reserves the right to forbid selected Users to use the Website without providing any reasons and to limit access to certain data placed on the Website (dedicated descriptions, product library).
  8. A natural person can obtain the User status only if they have full capacity to enter into legal transactions or, in the case of limited capacity to enter into legal transactions, if they have obtained approval from their legal representative.
  9. The User is entitled to remove their Account at any time through contact with the administrator under the following address: kontakt@estorecontent.com. The removal by the User of the Account is equivalent to resignation from the Website’s services.

Article 4: Scope and conditions of services provided by the Website

  1. Through the acceptance of these Terms and Conditions, the User acquires the right to download and copy Product Descriptions from the Website and to publish them under conditions defined in particular in point 2 below.
  2. Product Descriptions are made available to the User through the Website under non-exclusive, worldwide, non-sublicensable and non-transferable licence to use, reproduce, change or display Product Descriptions (including in particular through their use on websites, on electronic media, in commercial leaflets, in internet advertising and in digital library allowing the User’s potential clients to browse Product Descriptions) in the following scopes of fields of exploitation:
    • in the scope of recording and reproduction of Product Descriptions – the production of copies with the use of a particular method, including printing, reprography, magnetic recording and digital technique;
    • the introduction of originals and copies of Product Descriptions into trading;
    • the provision of Product Descriptions, in particular their display and distribution in mass media, including on the Internet;
    • in the scope of the distribution of Product Descriptions or their part in a manner other than described above – public distribution, recording on electronic media, publication in such forms of publishing as books, albums, brochures, as well as display, presentation, reproduction, broadcasting and rebroadcasting in any possible form in such a way so that everybody could have access to them from a place and at a time individually chosen by them;
    • the use of Product Descriptions for advertising, promotion and marketing purposes;
    • the introduction of changes, amendments and adaptations to Product Descriptions in all above-mentioned fields (combining parts of Product Descriptions with other works);
    • displaying;
    • presentations.
  3. The User is not entitled to submit Product Descriptions to any third parties, in particular to lend, sell, sublicense or share them, to infringe copyrights related thereto or to use them for other than commercial (advertising) purposes. If the User infringes this obligation, they will be obliged to pay eStoreMedia the liquidated damages in the amount of PLN 500 for each day of continued infringement. The liquidated damages do not exclude the eStoreMedia's right to claim compensation from the User exceeding the amount of the liquidated damages stipulated herein.
  4. In the scope of the licence granted, the User will be entitled to edit Product Descriptions or to introduce changes resulting from their economic needs (e.g. to put their logotype or other identification marks).
  5. Granting by eStoreMedia the licence referred to in point 2 of this Article to the User does not deprive eStoreMedia of its rights or limit them, in particular in the scope of author's economic rights (licence) to which it is entitled in relation to Product Descriptions.
  6. The licence referred to in point 2 of this Article is granted to the User by eStoreMedia for an indefinite period of time. eStoreMedia will be entitled to terminate the licence upon one-month’s notice by sending to the User's e-mail address an appropriate statement.

Article 5: User's obligations

  1. The manner in which the User uses the Website should be compliant with generally applicable provisions of law and the principles of community life.
  2. The User is not entitled to use other Users’ Accounts or to make their own Account available to any third parties.
  3. The User commits themselves to take all necessary measures (in particular technical measures) to guarantee the protection of Product Descriptions used by them against their illegal downloading (i.e. not from the Website) by third parties (in particular by the User's clients) for their further use.

Article 6: Liability

  1. Through the acceptance of these Terms and Conditions, the User accepts the fact that they are fully liable for breaking the law or for damage caused by their actions performed on the Website, in particular for infringing copyrights related to Product Descriptions.
  2. The User uses the Website and services provided thereby at their own risk.
  3. eStoreMedia will exercise due diligence to ensure the functioning of the Website compliant with its purpose, which does not mean granting a guarantee for the proper operation of the Website.
  4. eStoreMedia stipulates that it is not liable for damage resulting from any failure or interruption in the functioning of the Website unless this damage results from eStoreMedia's intentional fault or gross negligence. In such a case, eStoreMedia will be obliged to repair the failure, while the scope of eStoreMedia’s liability is limited to the amount of PLN 50,000.
  5. The User undertakes to cover all damage resulting from their own actions or omissions or actions or omissions of a User or a third party to whom they made their Account available, regardless of their fault, non-compliant with the law, these Terms and Conditions or common practices, also to indemnify immediately eStoreMedia from any claims filed against it by third parties.
  6. eStoreMedia is not liable towards the User (its clients) for damage resulting from non-compliance of Product Descriptions with condition of those products (so-called product incompatibility). In the case of the damage in question, the User undertakes to bring claims against the manufacturer (importer) of a given product.

Article 7: Protection of personal data

  1. The administrator of personal data is eStoreMedia Sp. z o.o. with its registered office in Warsaw, ul. Willowa 8/10 suite 25, postal code 00-790. Through the acceptance of these Terms and Conditions, the User agrees to have their personal data processed for the proper use of the Website and for marketing purposes.
  2. The User makes their data available voluntarily, although it is necessary for the proper provision of services. The User has the right to review their personal data and correct them, as well as to request their removal. They are obliged to update their data to the extent to which it is necessary for the proper use of the Website.
  3. eStoreMedia undertakes not to make the User’s personal data available to any third parties, subject to the need to comply with obligations resulting from generally applicable laws or if eStoreMedia is obliged to make available the data in question upon a court ruling or a decision of a relevant authority.
  4. Personal data of other Subscribers are made available to the Users only in cases provided for herein or in other justified cases upon prior consent of the person whose data are to be made available.
  5. The User is obliged not to disclose to any third parties information concerning other Users which they have received from eStoreMedia in connection with the use of the Website.

Article 8: Complaints

  1. Any interruptions in the operation of the Website can be reported by the User within 7 days of their occurrence by sending an appropriate complaint notification to the following address kontakt@estorecontent.com
  2. The complaint notification submitted correctly will be processed by eStoreMedia within no more than 14 days from the date of its receipt. eStoreMedia reserves the right to leave the complaint notification without processing if its submission results from not being familiar with these Terms and Conditions or from not complying by the User with eStoreMedia’s instructions.
  3. In order to process the complaint notification, eStoreMedia reserves the right to intervene in the User’s Account, for which the User hereby gives their consent.
  4. The character of processing by eStoreMedia of the complaint notification is final. The decision is not subject to any appeal.

Article 9: Technical conditions governing the use of the Website

  1. In order to use the Website correctly, the User must have equipment enabling them to use the Internet network, electronic mail and a standard web browser operating through HTTP or HTTPS with enabled support for cookies, as well as the login and password.
  2. eStoreMedia is not liable for failure to comply with technical conditions necessary to use the Website nor for damage resulting therefrom.
  3. eStoreMedia exports Product Descriptions to the User or the User downloads them on their own or they are exported automatically.
  4. The use of the Website by scripts imitating human activities is forbidden.

Article 10: Transitional and final provisions

  1. eStoreMedia reserves the right to change these Terms and Conditions unilaterally, without the necessity to justify the reason for the change in question.
  2. eStoreMedia undertakes to notify about a significant change to these Terms and Conditions the Users to whom the change directly refers, sending e-mail to the address indicated during the Registration.
  3. In the case of a change in these Terms and Conditions, their new content will be presented upon logging in to the Website. The confirmation by the User of becoming familiar with the new wording of the Terms and Conditions and the acceptance of their entire content mean the expression of the User's will to remain in the contractual relationship with eStoreMedia under conditions defined in the new content of the Terms and Conditions. Failure to accept the new content of the Terms and Conditions will mean resignation from the Website's services.
  4. The provisions of the Polish Civil Code will govern all matters not regulated herein.
  5. Any disputes connected with services provided through the Website will be settled by courts having jurisdiction over the registered office of eStoreMedia.
  6. eStoreMedia stipulates that the Website and all materials and information contained therein, in particular texts, navigation solutions, selection and arrangement of the content, logotypes, graphic elements and interactive applications presented within the Website are the property of eStoreMedia.
  7. eStoreMedia and the User can communicate with each other by e-mail or phone.
  8. These Terms and Conditions are effective as of 1 April 2016.