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TERMS OF SERVICE

Below you can find English version of the Terms of Service. The Polish version is available here.

General provisions

§1

These Terms of Service describe the types and scope of services provided, the terms of use of the services and the terms of use of the Website incoined.com.

§2

The Website incoined.com operates on the basis of provisions of the Polish Act of July 18, 2002, on Providing Services by Electronic Means (Journal of Laws 2002, No. 144, position 1204 as further amended), these Terms of Service, as well as other sources of generally applicable law.

§3

The definitions used in these Terms of Service shall be understood hereafter:

  1. the Terms of Service – shall mean the Terms of Service of the Website incoined.com;
  2. PSEM – shall mean the Polish Act of July 18, 2002, on Providing Services by Electronic Means (Journal of Laws 2002, No. 144, position 1204 as further amended);
  3. the Website – shall mean the Website incoined.com;
  4. the Service Provider – shall mean the owner of Website, namely Michał Mioduszewski (address: P.O. box 249, 30-960 Kraków 1, Poland);
  5. Services – shall mean every service provided on the Website pursuant to the Terms of Service and sources of generally applicable law;
  6. a User – shall mean every natural person using the Services provided by the Service Provider on the Website;
  7. Cookies – shall mean short text files used by Service Provider’s servers to store information on the hard drive of User’s computer;
  8. IP address – shall mean an individual identification number of User’s terminal device, identifying it on the Internet;
  9. an Opinion – shall mean a written message published by a User on the Website;
  10. a Rating – shall mean a scoring published by a User on the Website;
  11. a Cryptocurrency – shall mean a distributed accounting system based on cryptography, storing information on the state of ownership expressed in notional units of measurement;
  12. a Platform – shall mean every Internet website other than the Website being used for exchange of Cryptocurrencies;
  13. a Link – shall mean every reference to Internet websites of third parties.

§4

  1. The Website is available on the Internet, at the address: https://www.incoined.com.
  2. The Website is a property of the Service Provider and an output of their original work and, to the best knowledge of the Service Provider, no part of the Website shall affect the proprietary and non-proprietary rights of any third party.
  3. Elements of the Website, particularly its name, functionalities, graphic layout, logotypes, graphical content and their structure and composition, trademarks, software, and database, are protected by law.
  4. Content posted by the Service Provider on the Website is covered by copyrights.

Service

§5

  1. The Service Provider provides Users of the Website with Services consisting in the ability to rate and review Platforms; with Service Provider’s own content published on the Website and an external content, relevant to the range of themes of the Website, from third parties’ sources. The Service Provider reserves the right to publish advertising and sponsored content.
  2. Services are provided to Users free of charge. This shall not prejudice Users’ own obligation to bear fees for Internet access provided by separate agreements with third parties.
  3. Opinions and Ratings published on the Website are available for every Internet user.
  4. Opinions and Ratings are published on the Website automatically.
  5. A User may publish more than one Opinion, but no more than one Rating of a given Platform.
  6. A Rating may be published by User(s) only by the first of their published Opinion.

Specific Terms of Service

§6

  1. Publishing of an Opinion or a Rating is conditioned by prior approval of the Terms of Service. Publishing of an Opinion is preceded by a declaration of getting acquainted with the Terms of Service and accepting its provisions.
  2. Services offered by the Website shall be used in accordance with generally applicable law, provisions of the Terms of Service and the principles of social coexistence and morality.
  3. In particular, Users are obliged to:
    1. refrain from any actions that might disrupt or interfere with the functioning of the Website and the usage of the Services;
    2. respect proprietary copyrights (economic rights of any author) as well as third parties’ rights of registration, patents, trademarks, utility models or industrial designs.
  4. In particular, Users are prohibited to:
    1. publish an unsolicited commercial information (spam);
    2. post any textual, graphic or audio content that is contrary to applicable law and principles of social coexistence, inciting to racial, religious or ethnic hate or promoting violence, inciting to commit a crime, as well as any vulgar content, generally considered as morally reprehensible, socially inappropriate, violating personal rights; to use third person’s image without authorization; and to take any action that may expose the Service Provider to legal liability or may cause them any harm;
    3. use automatic IT solutions, bots, robots, computer worms, and other codes, applications, scripts, files, or automation tools, including those for automatic download or aggregation of the content of the Website, and to use any other IT solution that adversely affect the functioning of the Website;
    4. take any actions intending to manipulate the credibility of Ratings of Platforms.

§7

  1. A User may raise an objection or reservation to the functioning of the Website or report problems connected with the usage of Services in a complaint form sent to the e-mail address: [email protected]
  2. To send a complaint form it is necessary to provide User’s e-mail address.
  3. The Service Provider shall respond to a complaint via e-mail within 30 calendar days from registering a complaint form.

§8

  1. Users may not publish Links in their Opinions.
  2. The Service Provider has the right to remove published Links along with the Opinions in which they have been published.
  3. The Service Provider shall not be responsible for any consequences of a User’s use of a Link published by another User.

User’s liability

§9

  1. Users are solely and fully liable for their Opinions published on the Website, in particular, for any infringement of the rights or goods of third parties and for any damage in this respect.
  2. In case any third party makes any claim against the Service Provider regarding the infringement of any rights by the published Opinion of a User, the User, at the request of the Service Provider, is obliged to give a written statement in a proper form which will release the Service Provider from any liability in this regard, and, if necessary, at the request of the Service Provider, the User shall join to the legal or any other proceedings in place of the Service Provider as a party or intervener, with the obligation to reimburse the Service Provider for any fees or expenses, in particular, the costs of legal representation, legal counselling and adjudged compensation.

Service Providers’ liability

§10

  1. The Service Provider does not conduct an automatic verification of the veracity of the published Opinions and Ratings.
  2. The Service Provider has the right to remove or moderate any content found illegal or contrary to the Terms of Service, the right to deny access to the Website for Users blatantly violating generally applicable law or the provisions of the Terms of Service.
  3. The Service Provider has also the right to remove any Opinion found non-substantial or published with the intent to manipulate Ratings of Platforms.

§11

  1. The Service Provider may limit the use of Services by:
    1. introducing a limit on the number of Opinions or Ratings published by a single User;
    2. introducing a limit on the number of characters in a single Opinion;
    3. introducing automatic safety measures on the Website such as anti-spam or anti-flood.
  2. The Service Provider may also limit the use of Services in a manner other than specified in the preceding paragraph, which the Users will be notified about.
  3. On the basis of reliable information or an official notification of illegality of the content (pursuant of Art. 14.1 PSEM), the Service Provider is obliged, under the terms of applicable law and the Terms of Service, to deny access to an Opinion or Rating due to its illegality in whole or in part.

Cookies and Privacy Policy

§12

  1. The Service Provider reserves the right to place Cookies on devices of Users in order to facilitate Users’ navigation on the Website and to enable the proper operation of the Website, mainly to identify Users on the Website and to collect general data on their usage of the Website. Cookies files may also contain the identification data of terminal devices of Users, which will only be used for security and statistical purposes.
  2. Users may, at any time, block the saving of Cookies in settings of their web browser.
  3. Disabling Cookies does not make it impossible to use the Website, although it may limit User’s possibility to use all its functionalities.

§13

  1. The User gives consent to collecting and processing of their personal data made available to the Personal Data Controller in order to use the Website.
  2. The Service Provider may collect and process, in particular, the following personal data:
    1. IP address;
    2. login data (name, surname, profile picture, e-mail address) if the User uses services offered by third parties when using the Website (Facebook Connect, Google, Twitter);
    3. any data automatically generated by Users’ terminal devices, resulting from general principles of Internet connections.
  3. The Service Provider is the Personal Data Controller.
  4. One shall contact the Controller at the address: [email protected]
  5. Personal data is collected and processed on the basis of Art. 6.1.f Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
  6. Personal data is processed until an objection to the processing of personal data of a User is received.
  7. Personal data processed when using the Website is not made available to any external entities or third parties for commercial use; however, it may be made available to entities providing the Service Provider with data sharing services on the Website (e.g. Cloudflare).
  8. Users have all the rights under Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) appropriate to the manner and purpose of personal data processing when using the Website.
  9. Providing personal data is voluntary, but necessary for using Services on the Website. Failure to provide personal data or an effective objection to the processing of personal data may result in the lack of access to certain Services on the Website (e.g. publishing Opinions or Ratings).

Change of Terms of Service

§14

  1. The Service Provider reserves the right to change the terms and conditions of using the Website through the revision of the Terms of Service or introducing new Terms of Service, in particular, in the event of:
    1. a change of legal provisions made by authorities or a judgement which have or may have an impact on the rights and obligations of the Service Provider or Users as specified in the Terms of Service, or those that affect or may affect the manner of providing the Services;
    2. a change of technical conditions for the provision of Services, including those related to technical or technological progress;
    3. a change to the terms of use of the software or the use of devices used to provide Services, implemented by their producers or entities having the rights to the software or devices;
    4. a change of the terms of using the Internet, resulting from technical or technological progress, a decision of the authorities or changes in the organizational rules of the Internet;
    5. situations caused by force majeure;
    6. organizational changes or legal transformations of the Website, those which result in no legal succession;
    7. formal and organizational changes attributable to the Website.
  2. Changes introduced to the Terms of Service do not change the essence of the provisions, do not affect the rights and obligations of third parties, and shall be treated only in a supplementary manner.

Final provisions

§15

The provisions of the Terms of Service are to be treated distinctively from one another; declaring some provisions null and void does not affect the validity of the others.

§16

In the event of any dispute between a User and the Service Provider on the grounds of the Terms of Service which would require interpretation of applicable provisions, the original language version of the Terms of Service, i.e., Polish version, shall prevail.

§17

Any dispute between a User and the Service Provider emerged from using the Terms of Service or the Website shall be resolved by a Polish court of law having jurisdiction over Śródmieście district in Kraków, Poland.

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