Regulations

Regulations

Before you start using the Service, you should carefully read the following Regulations. Using the Service is equivalent to the fact that the User:

Read the Regulations and agrees to all the provisions

Agrees to use the Service in accordance with the law

Agrees to have his personal data processed within the scope provided in the Regulations.

Regulations of using the Internet service www.turborotfl.com and the policy of the service within the protection of the copyrights:

I. Definitions.

1.1. Terms used in the Regulations mean:

1.1.1. Malfunction – indicates the condition of the Service, which prevents the User from using the Service, however without the situation, in which the lack of possibility to use the Service is the result of the period of suspension or the break of rendering the Service allowed within the Regulations; or is the result of breaking the Regulations by the User; or is the result of the Force Majeure; or which occurred in the telecommunications infrastructure, which the User uses.

1.1.2. Comment – a written expression of opinion by the User on the contents, to which the reference was posted by another User. Comments are published through the social plug of facebook.com and are subject to the regulations of this service. The whole responsibility for contents included in the Comment falls on the User, who published the Comment and facebook.com. The second form of expressing opinion are the internal comments of turborotfl.com. Each user bears full responsibility for published contents.

1.1.3. Regulations – this Regulations of the Service is available at:www.turborotfl.com/pl/serwis/ad/pl_reg

1.1.4. Service – Internet service, which enables the Users to store Contents, at www.turborotfl.com, through which the Service is provided.

1.1.5. Sites – Service Provider and User.

1.1.6. Force Majeure – unusual event of an external character towards the Party, independent from the given Party, which could not be prevented by the Party by exercising due diligence.

1.1.7. Content (Contents) – contents and multimedia objects (e.g. information, data, graphics, photos or films) including tracks within the meaning of the Law on Copyrights and related rights, as well as those of individuals, which are published by the User through the Service.

1.1.8. Agreement – an agreement for providing services electronically between Parties.

1.1.9. Service – service of hosting provided by the Service Provider on provisions specified in the Regulations and via the Service, which consists of providing the User with ICT tools in order to store contents published by the User.

1.1.11. Law on the Copyrights and related rights – Law of 4 February, 1994 on copyrights and related rights (Journal of Laws 1994, No. 24, item 83, with amendments).

1.1.12. Law on Personal Data Protection – Law on Personal Data Protection of 27 August, 1997 (text consolidated: Journal of Laws of 2002, No. 101, item 926 with amendments)

1.1.13. Act on providing electronic services – Law of 18 July, 2002 about providing services electronically (Journal of Laws of 2002, No. 144, item 1244 with amendments).

1.1.14. User – individual person, who is 13 years old. If the user is not 18 years old, there is required the consent of the legal representative.

II. General Provisions.

2.1. The Regulations define the rules for using the Internet service available at www.turborotfl.com by the Users and from the services it offers.

2.2. The Regulations is the one, which is mentioned in art. 8 of the law of 18 July, 2002 about providing services electronically (Journal of Laws of 2002 No. 144, item 1204 with amendments).

2.3. Name of the Service, its concept, graphic design, software and database, as well as graphic elements of the sites, which were made available to the Users by the Service are protected by law.

2.4. Using the Service and services it offers means the an expression by the User of an agreement for conditions specified in the Regulations.

2.5. Service Provider reserves the right to limit the access to selected services offered by the Service for the Users, who meet certain conditions. Reservation regarding the possibilities of using selected services will be always placed on the websites of the Service.

2.6. In accordance with the applicable laws, Service Provider reserves the possibility to limit the services through the Service to people, who are 18 years old. In this case, Users will be notified about this.

III. Scope and conditions of using the Service.

3.1. Within the Service, the Service Provider obliges to provide Services within and on conditions specified in the Regulations.

3.2. The scope of the Service includes the storing of Contents by the Service Provider, which were published by the User through the Service.

3.3. The contract for providing services electronically is concluded upon the effective transfer of the Contents by the User to the Service. The contract is concluded for an indefinite period of time.

3.4. The condition to start the usage of the Service by the User is the transfer of Contents to the Service, which is possible on one of the sites of the Service, after filling in the right columns of the form and pressing the right key by the User.

3.5. Using the Service is possible on condition of fulfilling of the following minimal technical requirements by the computer system, which is used by the User:

3.5.1. 1 GHz processor, 512 MB memory,

3.5.2. application of Microsoft Internet Explorer, Opera, Google Chrome, Mozilla Firefox or newer browsers with the installed software for usage (e.g. Java Script),

3.5.3. application of software in certain cases (e.g. Flash, QuickTime, Acrobat Reader, decompression programs),

3.5.4. Website is optimized to the 1280x800 resolution

3.6. The User obliges to comply with the provisions of the Regulations. The Service Provider reserves the right to technical modification of the way of accomplishment of the Service, according to the scope and conditions resulting from the possessed powers, as well as to the possessed technical capabilities, without compromising its quality, and also without the influence on the scope of rights and obligations of the Parties.

3.7. In order to ensure safety of the transmission of messages in connection with the rendered Service, the Service Provider undertakes technical and organisational means proper to the degree of safety threat of the provided Service.

3.8. In case of providing Services, the Service Provider is not the provider of the Internet. In order to use the Service, the User should on his own get the access to the computer, through which it is possible to use the Service through the Service.

IV. The Copyrights to the posted Contents and notifications of violations.

4.1. The User states that within the scope necessary to use the Service and within the Contents, to which he posts references (links), he has:

a) financial copyrights and related rights to the Contents of tracks, in the understanding of the Law about the Copyrights and related rights,

b) exclusive rights within the industrial property,

c) rights within the usage of artists’ images and

d) rights to marks with titles of the aforementioned tracks constituting the Contents and surnames or names of the artists or their bands.

4.2. The posts of references to the Contents within the Service by the User takes place through the form available on one of the Service’s subpages.

4.3. The User is fully responsible for the posts within the Service of the references to the Contents, as well as for their character. In particular, they may not violate personal rights and exclusive rights of the third parties (including financial copyrights), as well as the provisions of the Regulations and rules of the applicable law in the territory of the Republic of Poland.

4.4. In particular, it is forbidden to post references to the Contents on the Service, which:

a) would be posted within the Service in bad faith, e.g., with the intention to infringe the personal rights of the third party and the reputation of the Service Provider;

b) would be offensive or they would constitute or could be considered as a threat addressed to other people, would include vocabulary breaking good customs (e.g. by the usage of profanity or expressions commonly regarded as offensive;

c) would infringe any laws of the third parties, and especially rights of other Users of the Service,

d) would violate the rights connected with the protection of copyrights and related rights, protection of industrial property rights, business secret or having connection with the obligations of confidentiality,

e) would otherwise violate provisions of the Regulations, rules of the applicable law, social or moral norms (e.g. included contents propagating violence, contents of pornographic nature, calling for racial hatred, religious, ethnic, violating religious feelings).

4.5. In case of taking by the User or the third party information about the fact of posting within the Service Contents violating the provisions of the Regulations, rights of the third parties (including financial copyrights) and provisions of the applicable law in the territory of the Republic of Poland, the User or the third party should immediately report such a fact, contacting with the Service at kontakt@turborotfl.com

4.6. In the content of the Notification of the violation, mentioned in 4.5 above, we should provide at least the data of the subject making such a notification, determine the character of the violation and indicate the Contents, which relate to this Notification in a way enabling the identification within the Service.

4.7. The Service Provider bears no responsibility for the character of the references to the Contents posted by the Users. He also does not do their current verification for the compliance with the Regulations and rules of the applicable law. Actions in the scope of verification of the legal character of the Contents are undertaken by the Service Provider only with the receiving of the properly filled in Notification of the violation.

4.8. In the event of stating by the Service Provider that the given User posted within the Service Contents inconsistent with the provisions of the Regulations, he is entitled to the immediate:

a) removal of the reference to the Contents, which involved the Notification of the violation

b)preventing the User, who is connected with the Notification of violation, the renewal of the Contents within the Service.

4.9. The User, by posting in the Service the reference to the Contents, agrees for them to be used by other Users, within the scope of their permitted personal usage.

4.10. The Service Provider reserves the right to modify the references to the Contents and their removal, for which, based on own sources or based on reports of the Users or other people or bodies, it has been stated that they may constitute the violation of the Regulations, applicable rules of law or constituting the detriment for the good name of the Service. However, each Member should bear in mind that the Service Provider does not control the references to the Contents posted by the Users within the Service.

4.11. The User is not entitled to posting in the Service personal data of the third parties and distribution of the image of the third parties without the required by law authorization or consent of the third party. The User states that people, whose image he has posted in the Service, granted him the proper permit.

4.12. The User states that posting of personal data, image and information, concerning third parties, through the Service and distribution through the Service happened in the lawful, voluntary way with the consent of the people, which they concern.

4.13. The User, posting data, image or other contents within the Service agrees to the insight in these information by other Users and the Service Provider.

4.14. The User agrees to the free usage by the Service Provider o the Contents published by the User in the Service on sites available to other users, only in the scope in which they constitute the element of the whole image (so-called screenshot) available to every other user of the Service, for sharing or publishing, only as the fragment of the whole image of the Service’s site, on the Internet and in promotional materials concerning the Service on the Internet, in press and television, and also their distribution by telecommunication networks, in order to inform about the operation of the Service and promotion of its activity, in the way not violating personal property, including the User’s image.

4.15. The Contents published by the Users in the Service do not express opinions of the Service Providers and should not be related with his activity.

4.16. If in the result of the conclusion of the reference to the Contents by the User within the Service there is a violation of provisions of the applicable law and third parties’ law, including financial property rights or related laws and industrial property rights by the User or the Service Provider acting in reliance to the statements of the User made by the acceptance of the Regulations, the User is obliged to the full coverage of the damage suffered in connection with this violation by the Service Provider.

4.17. In case if the Service Provider is obliged – in accordance with the applicable law – to pay any damages, penalty or fine resulting from claims of third parties, which are mentioned in 5.17. above, the User is obliged to immediately repay the Service Provider the equivalent of this damages, penalty or fine. The User is also obliged to immediately cover all losses or return the documented costs, which were incurred by the Service Provider in the relation to the revealing of legitimate claims of the third parties, which are mentioned above.

V. Terms of using the Service.

5.1. The User is obliged in particular to:

5.1.1. use the Service in the way not interfering its functioning, especially by using the specific software or devices,

5.1.2. not taking actions, such as: sending or/and posting in the Service unsolicited trade information

5.1.3. using the Service in the not inconvenient way for other Users and for the Service Provider, with respecting their personal right (including the right for privacy) and all rights,

5.1.4. using all Contents posted within the Service only in the scope of own personal usage. Using the Contents in other scope is allowed only based on the explicit consent granted by the authorised person.

5.2. The User bears entire responsibility for actions taken within the Service by the form available on one of the subpages of the Service.

5.3. The User is obliged to immediately notify the Service Provider about each time of violating the rules specified in the Regulations, and especially the violation of rules connected with posting of Contents in the Service.

5.4. The Service Provider may deprive the User from the right to use the Service, as well as limit his access to the part of entirety of the resources of the Service or services offered within the Service, with the immediate result, in case of violating the Regulations by the User, and especially when the User:

5.4.1. posted in the Service Contents inconsistent with the applicable law or provisions of the Regulations,

5.4.2. violates the personal rights of third parties through the Service, and especially personal rights of other Users of the Service,

5.4.3. is guilty of other behaviours, which will be considered by the Service Provider as reprehensible behaviour, inconsistent with the applicable rules of law or/and general rules of using the Internet, as contrary to the goals of creating the Service or striking the good name of the Service Provider.

5.5. The person, who has been deprived of the right to use the Service, cannot get this right back without the prior consent of the Service Provider.

VI. Complaints.

6.1. When using the Service, the User is obliged to:

6.1.1. immediately inform the Service Provider about all irregularities, defects or interruptions in the Service’s functioning and about the poor quality of the Service,

6.1.2. abide the law and contents of the Regulations, and in particular not to provide/transfer data prohibited by law.

6.2. Irregularities connected with the functioning of the Service the User can report to the address: kontakt@turborotfl.com

6.3. Through the Service, the Service Provider allows:

6.3.1. obtaining information about the Service,

6.3.2. accepting applications of malfunctions and failures,

6.3.3. placing claims.

6.4. The User has the right to place a complaint within one month from the day, in which the Service was improperly performed. The complaint placed after the deadline specified in the first sentence are not examined, what should be immediately told to the User by the Service Provider.

6.5. The Complaint may be submitted in writing or by using other sources of communication at a distance, including electronic means, unless precluded by technical possibilities.

6.6. The date of submission of the complaint is the date when the claim reached the Service Provider.

VII. Responsibility.

7.1. The Service Provider is not responsible for technical problems or technical limitations occurring in the computer hardware, computer system and telecommunications infrastructure, which the User uses, and which enable the User to use the Service and the Service offered by it.

7.2. The User is solely responsible for providing the technical compatibility between the computer hardware used by him in order to use the Service and the ICT system, and the Service.

7.3. The User is responsible for the actions or omissions of other entity, whom he enables the usage of the Service, as well as for own actions of omissions.

7.4. The Service Provider is not responsible for:

7.4.1. the loss of Contents due to hardware failure, system or other circumstances of resons beyond the Service Provider and

7.4.2. the content of advertisements placed in the Service by third parties, as well as the way in which the published Contents will be used by the Users.

7.5. The Service Provider is not responsible for the unavailability of the Service due to Force Majeure. The Service Provider reserves the possibility to suspend or terminate the rendering of services in the Service at any time, for any reason, in particular due to the necessity of maintenance, inspection or expansion of the technical base of the Service in case when this does not violate the rights of the User.

VIII. Privacy policy in the Service.

8.1. Personal data of the Users are processed by the Service Provider in order to run the Service, and in particular to provide the smooth functioning of the Service, as well as to enable the rendering of the service to the User offered within the Service.

8.2. The Service Provider reserves the right to reveal the selected information regarding the User to the right bodies or third parties, which submit a request for such information, based on the right legal basis and in accordance with the rules of the applicable law. Except the cases indicated in the previous sentence, information regarding the User will not be revealed to any third parties, without the User’s consent.

8.3. Data about the User, including personal information, will be stored for the period not longer than it is necessary in relation with the usage of the Service, and then will be removed from the Service.

8.4. Each User has the right to access the contents of his personal data, the right to correct them, supplement and the right to demand to stop processing these data and their removal, by writing to the Service Provider. In case the data determining the usage of separate resources of the Service and offered services within it are deleted, the User loses the possibility to use them.

8.5. The Service Provider informs that the moment the User connects with the Service, in the system logs of the Service there appears the information about the number (including IP) and the type of User’s final device, from which the User connects with the Service. The Service Provider informs that he will process, in accordance with the law rules, also the data concerning the number (including IP) and the type of the User’s final device and the time of User’s connection with the Service and other operating data concerning the User’s activity in the Service. These data are processed in particular for technical purposes and to collect general statistic information.

8.6. The Service Provider uses cookies in order to gather information connected with the usage of the Service by the User.

8.7. The Service Provider pays attention that the processing (including sharing) by the User in the Service of personal data of other people, not constituting the processing exclusively for personal or domestic purposes, may be associated with the obligation of fulfilling of obligations by the User resulting from the Act about the protection of personal data.

8.8. If the User places in the Service any personal data of other people (including their name and surname, image, address, phone number or e-mail address), he may only do this on condition of not violating rules of the applicable law and personal rights of these people.

8.9. The Service Provider declares that he will do all his best to provide the Users with the high level of safety within the usage of the Service. All events having the influence on the safety on the transfer of information, including also the suspicions of sharing files with viruses and other files of similar character or other ones than those of a similar nature, should be reported to the Service Provider to the account kontakt@turborotfl.com

8.10. At the same time, the Service Provider declares that the modern techniques used for the protection of the Service of the access to data and Contents are used to provide the highest level of security, but for technical reasons they cannot fully guarantee the confidentiality and transmitted information.

8.11. The User is entitled to use the data made available by other Users of the Service only in relation with the usage of the Service, unless he gets the permission from those Users to process their data in the scope or in order exceeding beyond the usage of the Service.

9.12 Movement on the sites of the service is monitored by statistics of Google Analytics. This aims at collecting data about the way and popularity of using our sites. Using the sites of the service you agree for your data to be analysed by Google Analytics in the herein described purposes.

IX. Final provisions.

9.1. The Service Provider has the right to temporarily suspend the services in the Service with respect to all or some Users in relation to the maintenance works.

9.2. The Service Provider reserves the right to completely stop sharing the Service without giving any reasons.

9.3. The Service Provider has the right to withdraw from rendering the Services in case of violating the Regulations by the User, in particular sharing the Contents of unlawful character, meaning contrary to rules of the applicable law or the Regulations.

9.4. Any disputes between the Service Provider and the User, who is the Consumer, are subjected to the relevant courts in accordance with the provisions of the Code of Civil Procedure.

9.5. The recognition of individual provisions of the Regulations in the way predicted by the law as invalid or unenforceable, does not influence the validity or enforceability of other provisions of the Regulations. In the place of the invalid provision there will be applied a rule, which is the closest to the goals of the invalid provision and the whole Regulations.

9.6. In matters not covered by the Regulations, there shall be applied the rules of the Civil Code, provisions of the Act of 18 July, 2002 about providing services electronically (Journal of Laws of 2002 No. 144, item 1204 with amendments) and the Acts on the Copyrights and related rights of 4 February 1994 (consolidated text of 17 May 2006 - Journal of Laws No. 90, item 631).

9.7. The Service Provider reserves the right to change the Regulations at any time. The changes of the Regulations are valid from the moment of their posting on the website of the Service. Changes as considered as accepted by the User from the moment of his using of the Service.

9.8. The current Regulations are published on the website of the Service and delivered for free to the User, as well as on his each demand.