Conditions of use of yBook technology

 

§ 1. Preliminary provisions

1.       These Regulations for provision of access service for yBook technology through a webPortal comply with the Act on provision of services electronically of 18 July 2002 (Journal of Laws [Dz.U.] No. 144, point 1204, including subsequent amendments) and the Act on personal data protection of 29 August 1997 (Journal of Laws [Dz.U.] No. 133, point 883, including subsequent amendments).

2.       The entity which provides the service described in point 1 is Young Digital Planet SA, a company with registered office in Gdańsk in ul. Słowackiego 175, 80–298 Gdańsk, entered in entrepreneurs register of the National Court Register kept by the District Court in Gdańsk at KRS no. 0000025716, having tax identification number (NIP) 584–23–19–940, share capital in the amount of 2,028,700.00 PLN (fully paid), hereinafter referred to as “YDP”.

3.       Acceptance of the terms and conditions of these Regulations by the User will constitute an valid agreement for provision by YDP of the service described in point 1 between the User and YDP at the moment of receiving the YDP`s acceptance to the User`s offer.

4.       The agreement mentioned in point 3 above is concluded in registered office of YDP.

5.       The yBook technology is provided "as is" and YDP make no warranties, in any form, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation.

 

 § 2. Definitions

Whenever these Regulations mention:

1.       the yBook – shall mean a multimedia tool embedded in the Portal which allows to create the Works;

2.       the Portal – shall mean the internet application, designed for providing access to the yBook technology;

3.       the Service – shall mean the access service for the yBook provided electronically as meant by the Act on provision of services electronically (Journal of Laws [Dz.U.] No. 144, item 12 04, including subsequent amendments);

4.       the User – shall mean a YDP’s contractor who has legally obtained access to the Portal and its employees (depending on the context);

5.       the Consumer – shall mean a natural person who performs an act in law not directly connected with his/her business activity;

6.       the System Administrator – shall mean the administrator of the computer system performing tasks assigned to him by YDP;

7.       the intellectual property – shall mean patents, copyright and related rights, registered and not registered rights to trademarks, rights to databases which are a work as meant by the Act on copyright and related rights and any other rights or forms of protection of a similar nature and having equivalent or similar effect to any of them;

8.       the Work – shall mean an electronic book (interactive book, ebook, eBook, e-book, flipbook) being a work as meant by the Act on copyright and related rights of 4 February 1994 (Journal of Laws [Dz.U.] No. 24, point 83, including subsequent amendments), created through use of the yBook technology on the basis of a material in a proper format;

9.       these Regulations – shall mean these Regulations.

 

§ 3. General rules for access to the Portal

1.       YDP provides access to the Portal and render hosting services using its own server. The service is rendered for a fee, except of the demo version of the yBook technology. YDP shall start rendering services after completion by the User the log on procedure.

2.       The Portal is made available to the registered Users after completion of the following procedure:

a.       creation of an User account,

b.       logging in to the Portal.

3.       An User account may be created by:

a.       indicating an e‑mail address, User name (login) and password, having accepted these Regulations after clicking on a “My account” button,

b.       with reference to demo version also by using ‘quick start’ function to make PDF conversion – the account will be created automatically with an assumption, that the User has accepted these Regulations.

4.       In order to log in to the Portal, the User should:

a.       visit the proper web Portal,

b.       enter appropriate login and password in the “Login” box,

c.       click the “Login” button.

5.       YDP allows to assign a new password, if the User has lost the old one. In such circumstances the User should visit the proper webPortal and click the link “Forgot your password?”, and enter the e‑mail address in the designated field. A message containing the password will be sent to the e‑mail address provided during the registration.

6.       The data mentioned in points 4 and 5 can not be made available to a third party, in order to prevent unauthorised persons from using the Portal.

 

 § 4. Demo version

1.       Demo version of the Portal is available from the webpage: http://demo.ybookonline.com/.

2.       Access to the Portal is granted to the User for 30 days free of charge, for advertising purposes.

3.       Access to the Portal may become restricted by YDP at any time in its sole discretion, in particular after breaching the terms of the licence by the User.

4.       YDP reserves the right to introduce a fee for using the demo version of the Portal, after prior notification.

5.       The User shall not in any way exploit for commercial purposes the Works created in the demo version of the Portal, even after starting to use the Portal according to § 5.

 

 § 5. Using the Portal for commercial purposes

1.       YDP shall specify to the User a web address under which the Portal shall be accessed.

2.       The User agrees to pay a flat licence fee which amount is dependent on a number of users and disk space to be hosted by YDP.

3.       The licence is granted for one year.

4.       YDP shall host the User`s Works created with the usage of the yBook technology for the time specified in point 3.

 

 § 6. Hardware and software requirements for using the Portal 

In order to use the Portal the User should satisfy the following hardware and software requirements:

a.       operating system: Windows 2000 or higher, Linux (all stable platforms), Mac OS;

b.       memory: 1024MB of RAM;

c.       screen resolution: 1024x768 or greater;

d.       colours: 16-bit (high colour) or greater;

e.       sound: any,  graphics: any;

f.         browser: Internet Explorer 7.0+, Firefox 3.0+ Safari 3.0+, Opera 10.0+;

g.       add-ins: Flash Player 10 or later;

h.       cookies: on;

i.         Javascript: on.

 § 7. Licence

1.       The Portal, including text, graphics, logos, icons, images, data compilations, information content and arrangement thereof and software is the property of YDP and is protected by Polish and international copyright laws.

2.       YDP grants to the User a non‑transferable, non‑exclusive, licence to use the Portal including the yBook technology solely for creating and editing the Works.

3.       The licence does not entitle the User to use the Portal and the software accessible via the Portal in any other way than specifically stipulated herein, including to:

a.       translate, adjust, modify or make any other modifications in the YDP`s software;

b.       decompile or obtain information about the internal structure or operating principles of the Portal and/or other YDP`s software;

c.       upload, post, publish, reproduce, transmit or distribute in any way any component of the Portal itself or derivative works with respect thereto;

d.       allow access to the Portal to a third party, for example by making the password available;

e.       grant a sublicence;

f.         save or reproduce any elements of the Portal, with the exception of making printouts for the User's personal use.

4.       The User shall obligate its employees granted access to yBook under the agreement between the User and YDP to observe these Regulations and is responsible for any breaches thereof committed by them.

5.       Any infringement of YDP's intellectual property rights by the User shall result in a corresponding civil and/or criminal liability, in accordance with an applicable law.

 

§ 8. The User`s obligations

 1.       Without prejudice to other provisions of these Regulations, the User warrants and agrees that, while using the Portal, shall not:

a.       upload, post or transmit to or distribute or otherwise publish through the Portal any material that infringes valid legal regulations, good manners, property rights or non property rights of YDP and/or a third party and/or violates any provision of these Regulations;

b.       constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;

c.       engage in spamming or flooding;

d.       attempt to gain unauthorized access to other computer systems through the Portal.

2.       The User may use only not copyrighted nor protected in any other way materials in proper format or materials to which he/she has all intellectual property rights to use in order to create Works and upload them in the Portal.

 

§ 9. Publishing

1. The User grants to all natural and legal persons and organizational units which are not legal persons, a licence to each Work created by him/her through the use of the yBook. The licence is a non‑exclusive, free of charge licence (whose application is not limited territorially) for an indefinite period of time, to use the Work in the following manner:

a.       to reproduce the Work, to include the work in one or more collective works, to reproduce the Work as a part of a collective work;

b.       to create and reproduce dependent works;

c.       to disseminate reproduced copies, on which the Work has been reproduced, to play in public, to perform in public, to play the Work or the Work as a part of collective work digitally in public;

d.       to disseminate reproduced copies, on which the dependent work has been reproduced, to play in public, to perform in public, to play the dependent work digitally in public.

1. The User renounces the author's royalties right to collect, individually or through copyright collecting agency, the remuneration in connection with public digital performance (e.g. webcast of a work).
2. The rights above may be exercised by any natural person or legal person using the rights envisaged in the licence mentioned in §9 on any kind of medium, in any kind of means of communication, and in any currently known format. The rights above include also the right to make small technical modifications to the Work, necessary to adjust exercise of the rights to different means of communication, media or formats.
3. All rights which are not directly covered by the licence shall be regarded as not granted.

5.       The User has the right to use only materials which are not an intellectual property object or materials to which he has all intellectual property rights to create Works published in the Portal.

1. The content of materials or information published by the User can not infringe valid legal regulations, good manners, and property rights or non‑property rights of YDP and a third party.

 

 § 10. Personal data protection

1.      YDP is the administrator of the Users` personal data made available by the User pursuant to § 3 of these Regulations. Some activities within the scope of personal data processing may be transferred to a third party based on a relevant agreement.

2.      YDP processes the User's personal data in order to provide the Service.

3.      YDP may process other personal data than the data mentioned in point 1 only with a prior consent of the User, for advertising purposes, market research purposes and surveying of behaviour and preferences of the Users, where the results of the survey are intended to be used to improve the standard of services provided by YDP. Granting of consent for personal data processing has a voluntary nature.

4.      The User data is stored by YDP for the service‑duration period of time. When the service is no longer provided, the data shall undergo an anonymity procedure, and be used only for marketing and statistical purposes and for improving the standard of the services.

5.      YDP does not process other personal data than the data provided by the User when his/her account had been created except of data concerning commencement, end and scope of the Service.

6.      The User has the right to access his/her data and to modify them, to demand their completion, update or correction, to demand data processing to be stopped temporarily or permanently and to demand removal of the data, if they are incomplete, not up to date, not true or have been gathered with infringement of the law or are no longer necessary for achieving the goal, for which they have been gathered. The User has also the right to submit a request in writing to stop processing of his/her personal data.

7.      The personal data of the User may be used by YDP for marketing purposes, and in particular for sending of commercial information electronically to the e‑mail address provided, only if the User has given his/her consent to it. The e-mail address will be used only for sending solicited information. YDP undertakes not to send unlawful content. Granting of consent for processing of data for marketing purposes, performed electronically and obtaining of commercial information electronically is not a condition for concluding the agreement for provision of the Services. The consent may be revoked at any time.

8.      The User can use the Service anonymously or with a nickname.

 

 § 11. Lodging a complaint

1.       The User may make complaints about the Services by sending an email to the YDP`s address provided in a Portal`s webpage.

2.       The complaint should detail the personal data of the User, his or her email address and should include as much information as possible about the fact giving reason to the complaint, including if possible dates and times.

3.       YDP will acknowledge receipt of the User`s duly submitted complaint as soon as technically possible.

4.       The correspondence shall be sent to the User`s email address indicated while creating the User account.

 

 § 12. Liability 

1.       Only the User who has placed information, opinions or materials in the Portal shall be liable for the content of such information, opinions or materials, irrespective of their form. The User shall bear all the responsibility for using the Works off line.

2.       YDP may refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are illegal, unacceptable, undesirable, inappropriate or in violation of these Regulations, in particular after receiving a notice from the relevant authority to do so.

3.       YDP shall not be liable for:

a.       consequences arising from an acquisition of the User's password by a third party;

b.       infringement of property rights or non‑property rights, and in particular a third party's intellectual property rights by the User`s Works;

c.       break in provision of the Service for reasons beyond YDP's control.

4.       The YDP `s liability is hereby excluded for any or all:

a.       special, incidental, indirect or consequential loss; or

b.       loss of: profit, turnover, business revenue, use, contracts, goodwill, reputation, anticipated savings, management time or loss or corruption of data; or

c.       business interruption, costs of procurement of substitute goods, technologies or services, cost of cover, punitive, exemplary or other indirect, special, incidental or consequential damages of any kind even if it has been advised of the possibility of such damages; or

d.       damages caused by delay in delivery or furnishing any products or services under this agreement,

arising from or related to using the Portal and/or placement of the User`s material on the Portal, including faults or errors in the Portal or otherwise, regardless of the type of claim or the nature of the cause of action.

5.       Notwithstanding the point 4, the total aggregate YDP`s liability towards the User based on whatever legal title, including without limitation, restitution, shall not, in any event, exceed the licence fee paid by the User. 

 

 § 13. Withdrawal from the agreement

1.      The User, who is a Consumer, may in accordance with the Act of 2 March 2000 on protection of certain consumer rights and liability for damage done by a hazardous product (Journal of Laws [Dz.U.] No. 22, point 271, including subsequent amendments), when concluding a distance contract, renounce the contract within 10 days without stating the grounds, by making appropriate statement in writing, provided that he/she has not started to use the Portal.

2.      The moment when the User logs in for the first time shall be regarded as the start of the Service provision.

 

§ 14. Termination of the agreement

1.       If the User has infringed these Regulations' provisions, including the licence conditions or intellectual property rights of YDP or a third party, then after an ineffective call directed to the User to stop the infringement, YDP may terminate the agreement with the User with an immediate effect, without the necessity to give notice.

2.       If these Regulations' provisions, including the licence conditions or intellectual property rights of YDP, are infringed by an User, who YDP provides the service free of charge, the System Administrator may immediately remove the User account and lock the User's access to the Portal with no consequences whatsoever.

 

 § 15. Final provisions

1.      Any statements made in connection with exercise of these Regulations' provisions, in particular §12 and §13, may be made by YDP in electronic form to the e‑mail address provided by the User during the registration.

2.      Any dispute arising in connection with these Regulations shall be resolved by a competent civilian court having jurisdiction for the YDP's registered office according to Polish law.

  

INFORMATION ABOUT THREATS CONNECTED WITH USE OF SERVICES PROVIDED  ELECTRONICALLY

a.       it takes extra bandwidth and occupies space on hard disks;

b.       spam processing takes server time, and consequently slows server operation; 

c.       it results in a loss of time by individual Internet users, who download, read and cancel useless messages. This makes it more difficult to read normal e‑mail and there is also a risk that some e‑mail messages may become lost (due to antispam lock or excessive number of messages on the server) or not noticed (due to the spam which 'covers' other messages). This results in higher work costs for persons who use e‑mail in their professional life;

d.       it makes Internet service providers and users exposed to extra costs necessary in order to counteract this activity. Spam is also a method of shifting promotion costs to Internet service providers and e‑mail recipients, and thus is a sort of confidence trick;

e.       it violates privacy and safety of recipients, because it often contains undesired content, such as offensive content, pornography, or content unsuitable for children;

f.         it is often connected with different kinds of viruses and other malicious software;

g.       it results in reduced confidence in electronic mail communication in general.³ 

 

4. Worms

 A worm, like a virus, is copied from one computer to another, but this is done automatically. First of all a worm takes control over computer functions responsible for sending of files or information. When a worm gets into the system, it is next spread autonomously. The special threat connected with worms is such that they are reproduced in great number. For example a worm may send a copy of itself to all users, whose address is in the address book of the e‑mail client. When those users' computers do the same, there will be the domino effect resulting in LANs and Internet overload. New worms spread very quickly. Worms slow traffic in computer networks and may increase the time needed to download Web pages.⁴