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Terms and conditions

The hereby Terms and Conditions sets out detailed conditions of using the Internet service WEBalbum, which is operated and administered by W3Media.pl, thereinafter referred to as the Operator.

The hereby used definitions mean:

  • Service – internet service available in web-album.org domain.
  • User – physical person who registered correctly in the Service.
  • Account – place available after the User logs into the Service, in which every registered User can enter and modify his data, descriptions, photos and other elements connected with registration in the Service.
  • Photo - any graphic element placed in the Service by the User.
  • Profile - place on the Internet available at the address user's name.web-album.org, where the set of information containing Photos, photo descriptions, gallery description and other data are published by the given User.
  • Photo catalogue – section in the Service, where the Photos, whose publication was permitted by the User, are published.
  • Comment – written opinion concerning the photos placed in the Service.
  1. Within the framework of its basic functionality, the Service offers the possibility of free placement of photos under rules and conditions described in the hereby Terms and Conditions.
  2. Participation in the Service is voluntary and free after correct performance of the registration process. The Operator can introduce payment for certain services. The User will be notified on the obligation to pay beforehand.
  3. The User uses the Service on his own responsibility.
  4. The Operator guarantees protection of personal data of every user, gathered in the Service, according to the Act Republic of Poland issued on 29th August 1997 on personal data protection (Journal of Laws no 101 pos. 926 on 2002 with further amendments.) and to the hereby Terms and Conditions. The Operator administers the data.
  5. The User agrees to have the following phone and technologic data collected, gathered and processed by the Operator:
    • IP address
    • Uniform resource locator (url)
    • Internet address from which the User entered the Service's website
    • Type of the browser the User uses
    • Other information transmitted with http protocol.
  6. The User permits the Operator to store minor text files on his computer (the so-called cookies), necessary for correct rendering of services by the Operator. These files do not collect User's personal data, do not change the configuration of his computer, do not serve installation or deinstallation of any computer programs, viruses or trojans, do not interfere with the system's integrity or User's personal data, they are not processed by other Internet services any they can be removed at any time by the User.
  7. During registration, the User states his e-mail address, which is simultaneously his login to the Service. The Operator will use this address to send technical information, those concerning functioning of the Service and novelties available in it.
  8. It is absolutely necessary for the User to confirm his registration with the activation link he will have received after correct performance of the registration.
  9. After registration in the Service, the User receives limited disc space destined for the Photos. The disc space limit is not permanent and it depends on the User’s activeness. User's activeness is presented in the form of points, which directly influences the available disc space. The current activeness table (including explanations), the correlation between points and the disc space is available at the following address /en/information/help#m6. The Operator reserves the right to modify the list of possible activeness, number of points and the corresponding disc space units.
  10. The User is obliged to maintain his password secret. All actions performed using the correct password will be treated as if they were realized by the User himself.
  11. The User cannot transfer his right of usage of the account to third parties.
  12. The User can remove his account at any time by sending a contact form.
  13. The User can place only those photos whose author he is or which he was permitted to use, in the Service. If the User publishes a photo containing the image of a person/people or other element allowing for unambiguous identification of the given person, the User is obliged to obtain permission to publish the image in question before he publishes it. Publication of photos by users in the service constitutes user's confirmation that he holds the necessary permissions and legal authorizations which permit for their publication in the Service. Responsibility for breaching the welfare of third parties, especially those whose image is published without the necessary permission, rests completely in the User who published the photo. The Operator does not bear any responsibility for Photos published by the Users.
  14. The User is fully responsible for breaching of the author's rights of third parties. If third parties put forward any claims resulting from the User's publication of given photos in the Service, the User will undertake to incur all expenses connected with means of defence against subject claims and will cover all the justified costs the Operator would have incurred as a result of the third parties' claims.
  15. Publication of photos containing illegal contents, breaching the law in force, encouraging racial, ethnical, religious hatred, generally disapproved of, socially improper, pornographic, approving of fascism, Nazism, communism, propagating violence, offending religious feelings, violating third party’s rights, publishing image of persons in the Service, who did not agree to it.
  16. Authors publishing their photos in the service agree to them being placed there and maintain their financial rights to the sent photos.
  17. Users' placing advertisements, including ads posted in the form of photos, in comments, descriptions, tags and other elements of the Service is forbidden. Violation of the above prohibition will result in immediate removal of the account and its whole contents.
  18. Publication of photos which become elements of other services (e.g. graphics for blogs, Internet auctions etc.) is forbidden. The only exception is publication of photos using the un-modified photo imbedding code, which is available via the "embed the photo" option available in the Service.
  19. All of the recently added photos are visible without approval by their moderator in the User's profile. Photos added by the user on galleries marked as "available in the catalogue" are made available in the Photo catalogue only after they are approved of by the Operator.
  20. The user can remove the photos he placed on his own. The Operator does not bear any responsibility for unintended/accidental application of this function and does not offer the possibility to restore the deleted photos.
  21. Each of the users using the service can express his opinion on the published photos in the form of comments as described in Terms and Conditions. Users' comments are visible in the service to other Users.
  22. The comments are nothing more than user's expression of his opinion. The comments do not constitute opinions of the Operator or persons or entities organizing, sponsoring, supporting or participating in the Service.
  23. The comments cannot violate the welfare or personal goods of other persons.
  24. The User expresses unlimited in the context of time and irreversible permission for publication of his comments in the Service by the Operator.
  25. Operator's decision on moderation of photos and comments is irrevocable. The user does not have the right to appeal against the decision on moderation.
  26. The Operator can stop rendering services to a registered user, remove his account along with the published Photos and comments without any warning if::
    • Name of the Account is a term generally viewed as insulting or against good habits
    • The Service is used for purposes other than for those which it was designed or it will expose third parties to harm
    • The Service is used against the law in force within the boundaries of the Republic of Poland, against provisions of the hereby Terms and Conditions and the rules of Netetiquette
    • The User applies techniques and devices disturbing functioning of Service's informatic structure
    • The first registered and activated logging into the Service will not take place within 30 days after registration
    • User's account will remain inactive (the service is not logged into) over the period of six months
  27. The Operator is entitled to irreversible photo removal which had at least 5 requests referred to within the last 3 months. The photos in question become inactive within the above described period and the Operator can remove them without any notice.
  28. The Operator reserves the right to irreversibly remove certain photos without prior notification and without stating the reason.
  29. The Operator can, after prior notification through placing a proper information in the Service, limit the scope of the rendered free service through introduction of limitations on the number of photos, occupation of the disc space, permitted transfer in a given time unit or reserve the scope of rendering the service (functionality of the Service).
  30. The Operator is not responsible for the substantial contents of information the User makes available in the service.
  31. The Operator has the right to place advertisement in any form and for any emission time of his choice, on websites of the Service near the contents related with the User.
  32. The Operator will do his best to guarantee flawless functioning of the Service, however, he does not guarantee storage of the sent data and their possible loss cannot be subject to claims directed to the Operator. The User should have his own safety copy of the photos transmitted to the Service.
  33. Using the Service against its purpose, breaching the Netiquette rules, exposing other users and the Service to harm are forbidden. Photos and comments inconsistent with the hereby Terms and Conditions will be removed from the Service and their author's account may be blocked by the service's administrator.
  34. The Operator reserves the right to introduce changes to the hereby Terms and Conditions after prior notification of the User at least 14 days before the change is about to come in force, by sending him a proper e-mail message or by placing a proper information in the Service, concerning the introduced change. If within seven (7) days after publication of the information on the changes in the Terms and Conditions, the User will not have removed his account, this means the introduced changes have been accepted by him. The refusal to agree to change the contents of Terms and Conditions means renunciation of participation in the Service.
  35. By registering through sending the registration form, the User states that he acknowledged himself with the contents of the hereby Terms and Conditions and that he accepts its contents.

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