Football Talents Tube Terms and Policies

THE WEBSITE REGULATIONS

§ 1

Definitions

1. Author - each Website User, performing activities, having Author's Account;

2. Cookies - small text files that the Website saves on a computer;

3. Personal Data - User's personal data collected on Website by Operator while registration process (given by User in registration form), processed by Operator in order to properly provide Services or other legally permitted objectives;

4. Activity - artistic, sport, social activity or any other Author's activity performed via Website and compatible with Website profile;

5. Account – User’s personal account, that can be used to perform activities within Website;

6. Materials – all data published on the Website by a User;

7. Supporter – entity having no account on the Website, cooperating with the Operator, who may support a particular Author with optional amounts;

8. Operator – entity who owns the Website and provides Services on the Website. As defined in the Regulations the Operator is (…);

9. Payment Operator – the company responsible for independent of the Operator online payment system, enabling payments between Patron and Author;

10. Regulations – the Regulations herein;

11. Special Regulations – regulations made for the purpose of promotional campaigns organized within the Website;

12. Website – web portal available on footballtalentstube.com, run by the Operator in Polish, to which the Operator has the right to.

13. Contract – contract for electronically provided services within the meaning of the Act of 18th July 2002 on Electronically Supplied Services (consolidated text in Journal of Laws, 2013, item 1422 as amended) concluded between the Operator and a User;

14. Services – Operator’s services meant to guarantee proper work of the Website, and to provide Users with space to present their activity;

15. Additional Services – payable services provided by the Operator to the benefit of Users;

16. Payment Services – services offered by a Payment Operator;

17. User – each adult person with full legal capacity, legal person or organizational unit without legal personality including Authors, Website Users and Account holders. A person without full legal capacity can be a User after obtaining the consent of statutory representative. Operator shall not be liable for actions and results of actions of people mentioned above, if they were acting without the consent of their statutory representatives.

§ 2

General provisions

  1. Website is a communication platform enabling Users from all over the world to promote their skills through sharing videos of different activities. Website enables pairing off Users who are looking for both financial and marketing support for their Activity and Users who are willing to give such support. Website does not participate in relationship between Users as part of concluded contract, and shall not be responsible for mutual obligations of Users, especially for quality, punctuality and compliance with the law of Materials shared by Users.

  2. The Regulations herein is available in the Operator’s registered office located at (…) and on footballtalentstube.com web page in electronic form, enabling free capturing, reproducing and recording via ICT system used by a User.

  3. The Regulations have been based on provisions of law of the Republic of Poland and defines guidelines for Website operating, responsibility of Operator and Users, rules of providing Services and using Services offered through the Website, and legal and technical conditions for using the Website.

  4. Please refer to the Regulations and accept it before starting to use the Website.

  5. Using the Website means acceptance and commitment to abide to the Regulations herein.

§ 3


 

Terms of use of the Website

  1. Using of the Website is possible through ICT system, enabling processing and storing, as well as sending and receiving data through network, in accordance with the regulations in Act on Rendering Electronic Services of 18th July 2002 (consolidated text in Journal of Laws, 2013, item 1422 as amended).

  2. All the Materials uploaded on the website by a User are open to public and can be made publicly accessible within the Website.

  3. Website contains trademarks and other goods that are the subject of protection of intellectual property rights, and particularly pursuant to the Act of 4th February 1994 on Copyright and Neighbouring Rights (consolidated text in Journal of Laws, 2006, no. 90, item 631 as amended) and the Act of 30th June 2000 on Industrial Property Law (consolidated text in Journal of Laws, 2006, no. 90, item 631 as amended).

  4. On uploading Materials by an Author on the Website, protected as a copyrighted item, the Author grants the Operator a free, non-exclusive, unlimited in time and territory license to use them to provide Services and functionality of the Website, as well as for Website and Author marketing and promotional purposes – through making Materials mentioned above publicly available on the Website for anyone in a chosen place and time.

  5. Author grants the Operator to use his/her image and information on his/her Activity in promotional and marketing materials.

  6. Users agree to use contents available on the Website for own use only. Using and disposing of the Materials beyond the extent allowed by law requires the Operator’s, Author’s or other person entitled prior written consent.

  7. In case of submitting by a Third Party or other User a legitimate claim against the Operator, arising from infringement of the intellectual property right to the Materials published on the Website, the User, to which the claim refers to, undertakes, at his own expense and risk, to take legal steps providing a proper protection of the Operator against the claims. The User agrees to enter into rights and obligations of the Operator, or if it is not possible, to act as intervenient party in all pending proceedings against the Operator, and undertakes to compensate for the Operator’s expenses, in particular legal assistance expenses, and the expenses the Operator shall be required to pay to the other User in connection with the legitimate claim or lawsuit relating to infringement of the intellectual property right – on the basis of the court judgment or the settlement agreement concluded including the User.

  8. A User uploading Materials, image, name/surname, company and login agrees that other Users, the Operator and Third Parties gain an insight into those Materials and data, including sharing them in a way that everyone can access them in a chosen place and time.

  9. Users keeps moral rights and titles connected with Materials. User also keeps the right to use, duplicate and show Materials by oneself.

  10. The Operator has the right to put advertisements on the Website, which are an integral part of the Website.

  11. Within the Website it is forbidden to:

  1. breach the Website Regulations and regulations of law,

  2. undertake any actions against the Operator, User or Third Entities, meant to disturb normal functioning of the Website, particularly damaging, changing, deleting and impeding access to Account,

  3. upload abusive, humiliating, insulting, vulgar, erotic contents and to disseminate false information,

  4. upload Materials spreading propaganda or ideologies that considered unconstitutional in Poland,

  5. use Website to send unsolicited advertisement and marketing contents (spam),

  6. breach copyright laws or industrial property laws of the Operator, Users or Third Parties,

  7. pass off as other User,

  8. gather, process and disseminate information on other Users without their consent, except to the extent prohibited by law,

  9. copy, replicate or use contents of Website, in whole or in part, without prior consent of the Operator,

  10. automatically download information from the website, e.g. through scripts.

  1. The Operator reserves the right to routine checks of each User’s profile content in terms of abiding the Regulations, particularly if there are no grounds provided by the Act of 16th November 2000 on Anti-money Laundering and Counter-terrorist Financing Purposes (consolidated text in Journal of Laws, 2017, item 1049 as amended).

  2. The Website reserves the right to delete an Account and/or block possibility to use the Website.


 

§ 4


 

Registration


 

  1. In order to use all the functionalities of the Website it is necessary to have an Account on the Website.

  2. Account is created independently via registering on the Website. In order to create an Account a registration form posted on the footballtalentstube.com Website should be filled in.

  3. Registration and creating an Account are voluntary and free. One needs to accept the Regulations herein to register on the Website. A User on registering declares that he/she is familiarized with the present Regulations, including Privacy Protection Policy, and accepts its content and rights and obligations arising from it.

  4. Creating an Account needs accepting required permissions and filling in registration form with indicated data, in particular:

  1. name and surname,

  2. User’s age (in order to verify the age, the Operator may request a proof of identity),

  3. address of residence,

  4. address of permanent residence,

  5. telephone number,

  6. e-mail address,

  7. login.

  1. In case of legal person, organizational unit without legal personality or natural person exercising an economic activity:

  1. company,

  2. organizational form of the economic activity,

  3. address of residence,

  4. Tax Identification Number,

  5. National Court Register number,

  6. representative’s data, such as name and surname, telephone number, e-mail address,

  7. login.

  1. Unaccompanied minors are allowed to create an Account only after gaining a proper permission from statutory representative. The Operator reserves the right to verify the statutory representative’s permission by requesting a document containing statement of will in respect of authorization from a User. If an unaccompanied minor does not present such a document, the Operator reserves the right to block the Account until the document is presented.

  2. After a proper filling in the registration form a User receives an e-mail message containing an Account activation link. In order to finish the registration it is necessary to click the link in the e-mail message.

  3. On confirmation of the successful creation of an Account (signing the Contract) a User shall receive relevant information to the e-mail address given during registration.

  4. While using the Website a User may use the Login given during registration.

  5. Filling in the registration form, a User is not allowed to give other Users or Third Parties’ Personal Data or share Third Parties’ image without required by law consent of the persons.

  6. In case of legal persons and organizational units, an Account on their behalf can be created only by a person, who is authorized to act in this regard on their behalf.

  7. Each time the Website employees verify Personal Data given during registration by a User. Giving false Personal Data or information or using other person’s data to use the Website may be liable to prosecution or liability for damages, in accordance with the legislation.

  8. Creating an Account on the Website, a User gives consent to the Operator processing of Personal Data, in order to properly provide the Website Services defined in the Regulations (signing a Contract is a legal base for processing Personal Data). Detailed procedures of Personal Data processing are defined in Privacy Protection Policy and sent to a User’s mailbox.


 

§ 5

Conditions and rules of Service provision


 

  1. Service provision is based on the Contract concluded between the Operator and a User.

  2. On the effective Account creation on the Website, according to the instruction indicated in §4 of the Regulations, the Contract in electronic form is concluded between the Operator and a User, the subject of which are Serviced provided by the Operator within the Website, under the conditions set out by the law.

  3. A User being a consumer as defined in regulations of the Civil Code, may withdraw from a Contract - within 14 days from concluding the Contract - without giving any reasons and bearing costs, by sending the Operator a proper statement, except for giving a consent to set up Services before the end of the deadline for withdrawal.

  4. Services provided to the benefit of a User, who does not hold the status of an Author, in particular the possibility to use the Website, creating an Account or giving Support to an Author, are free.

  5. The remuneration of the Operator, Payment Operator and Payment Services provided to an Author comes from commission charged from an Author:

  1. (…) % of Support given every time to an Author (Operator’s remuneration) and;

  2. the amount collected by a Payment Operator, in the amount agreed by the Payment Operator, according to “The Schedule of Charges” (Payment Operator’s remuneration) and;

  3. (if applicable) VAT in the amount arising from the provisions of law in operation on the day of provision of the Service.

  1. Each User can use chosen payable additional Services.

  2. An Author agrees on collecting by the Operator or a Payment Operator payments, referred to in the paragraphs 6 and 8 above, from funds given to the Author.


 

§ 6

Account activity principles

  1. A User may decide on changing an Account to an Author Account at any time. For this purpose within the Website functionalities, a User creates an individual Author Profile and sends a notification on willingness to change to the Operator’s mailbox (...) or within the scope of mechanism of acceptance available on the Website.

  2. An Author’s profile is every time substantively and formally verified by the Operator in terms of the Regulations. The Operator verifies in particular:

  1. if a User fulfills the requirements to perform Activity, and the evaluation of the Activity is done exclusively by the Operator, who makes a decision in its sole discretion. In this purpose, the Operator analyzes a portfolio posted on the Website, offers, ideas or activities within the scope of a User’s Activity. The Operator may refuse to publish an Author’s Profile without giving any reasons;

  2. if Author’s activities breach the Regulations;

  3. if there are conditions defined in the Act of 16th November 2000 on Anti-money Laundering and Counter-terrorism Financing (consolidated text in Journal of Laws, 2017, item 1049).

  1. If a User does not have a Payment Operator account, the change of nature of the Account requires creating it. Creating the account is free and possible through choosing a proper functionality within the Website. The Payment Operator Account is independent of Author Account and requires concluding a separate contract with the chosen Payment Operator, on the terms set out there. Having or creating a Payment Operator Account is necessary to receive Support.

  2. If the Operator recognizes that a User meets the requirements to change the nature of an Account, referred to in paragraphs 2-4, within 14 working days of finishing the verification, the Operator changes a User’s Account to Author’s Account, sending a notification on the change to the User’s mailbox, given in a registration form.

  3. The Operator may refuse to make the change referred to in paragraph 1, in particular if:

  1. a User does not have or create a Payment Operator Account;

  2. a User does not fill in the Author’s Profile properly;

  3. a User does not make statements required by the Operator, concerning his copyrights;

  4. there are any doubts concerning a User’s economic and moral copyrights to the Materials;

  5. Author’s Profile includes illegal, against the Regulations or good practice contents, or such, for which implementation there are special legal provisions in force, which are not met by a User;

  1. Getting an Author’s status means that the Author agrees to receive Support as a donation. It does not, however, result in Author’s claims concerning the donation. A Supporter decides by oneself, and on his/her sole discretion, which Author to Support by donation.

  2. An Author may publish Materials connected with his/her activity, and post information connected with published Materials, on the Author’s Account.


 

§ 7

Publishing Materials

  1. Publishing Materials can be done through adding files and links to the Author’s web pages or other manifestations of Author’s Activity on the Author’s Account.

  2. An Author needs to make a statement concerning copyrights to published Materials every time he/she publishes Materials, especially referring to the goals connected with Author’s Activity.

  3. An Author is entitled to change, update or edit Materials published by him/her on the Website with regard to obligations under the contract concluded with a Supporter.

  4. The availability of some of an Author’s Materials may be limited.

  5. An Author can at any time:

  1. limit the possibility of new Supporters signing in;

  2. resign from all the subscriptions connected with him/her;

  3. suspend an Author’s Account temporarily;

  4. delete an Author’s Account.

  1. In case of intention to suspend or delete an Account, an Author is obliged to inform the Operator about it, at least a month before suspending/deleting, via e-mail (…).

  2. The Operator reserves the right to free use of Materials published by an Author on the Website, in advertising and marketing purposes, if the Materials are not shared exclusively and an Author gives consent to it.

  3. The Operator reserves the right to suspend an Author’s Account, at any time, in case of breach or reasonable suspicion of breach of the Regulations or the law.


 


 

§ 8

Support given by a Supporter

  1. A User of the Website may choose one or a few Authors and decide to support their Activities through cyclical, monthly transfer of funds, under the terms given in the Regulations herein. A User receives defined obligation from an Author, in return to given Support.

  2. Support given to an Author by a Supporter is repeatable. A Supporter agrees to Support an Author on cyclical, monthly basis, in a defined amount, without prejudice to provisions in sec. 3 below.

  3. By clicking on a chosen profile, put on an Author’s Account, a User concludes a contract with an Author, in electrical form, on the basis of which the User agrees to give cyclical (monthly) Support in a defined amount. Support received by an Author within the Website cannot be used to fund criminal activities or any other illegal activities.

  4. The contract between a User and an Author is concluded for an indefinite period of time (contract for an indefinite time).

  5. A Supporter may choose to support an Author for a definite period of time. In this case, the contract is concluded for the period defined by the Supporter, however, not shorter than 3 consecutive months (contract for definite time). Contract for definite time expires after the period it was concluded for, with the reservation that before expiring it can be prolonged for other at least 3 consecutive months.

  6. All the information on the Author’s profile come from the Author or were published by his/her order and on his/her responsibility.


 


 


 


 


 

§ 9

Support


 

  1. A Supporter may choose different Authors to Support with donation at his/her will. A Supporter defines the amount of Support (donation) by him/herself.

  2. In order to enable giving Support, the Operator shares all the data needed for making a fund transfer, Author’s personal data and account number in particular, which is agreed by the Author.

  3. Donation contract is concluded at the date of crediting the Author’s bank account. Sharing the Author’s data does not stand for an obligation to give Support in form of donation to the Author.


 

§ 10

Payments


 

  1. Within the Website, the Operator creates and shares with Users data, necessary to give Support to Authors (making payments).

  2. Support, due to the contract concluded between the Patron and the Author, is given to the Author via Payment Operator. The Payment Operator’s data is available on the Website page www.


 

§ 11

Special actions


 

  1. The Operator can decide freely on organizing temporary or permanent Special Actions, which will be signified as a Special Action on the Website and marked with its logo.

  2. Special Actions are governed by the Special Regulations published on the Website.

  3. To all matters not settled in the Special Regulations, the Regulations shall apply.

  4. The differences between the Special Regulations and the Regulations refer to an Author and Materials in particular.

  5. Regardless of meeting requirements mentioned in the Regulations, before joining a Special Action, a User is obliged to accept the Special Regulations.

  6. On accepting the Special Regulations, the contract is changed to the extend required by the Special Regulations.

  7. Special Actions can be organized by the Operator with the help of Third Parties.


 

§ 12

Responsibility


 

  1. The Operator shall be responsible exclusively for providing Services and Additional Services, particularly for providing space for Users to publish Materials within the Website.

  2. Payment Operator shall be responsible exclusively for proper processing of payments, resulting from contracts concluded between a Supporter and an Author (payments service).

  3. Parties to the contract, mentioned in § 8 of the Regulations, are only an Author or a Supporter, depending on the case. The parties to the concluded contract are responsible, relative to one another, for performance of an obligation and satisfying a claim resulting from it.

  4. Failure to perform or improper performance of a contract by an Author, as mentioned in the Regulations, in particular sharing goods or services non-compliant with the chosen ones or with physical or legal effects is a breach of the Regulations.

  5. The Operator shall not be liable for Author’s tax settlements due to received funds, including responsibilities defined in provisions in the Act of 28th July 1983 on Inheritance and Donation Tax (consolidated text in Journal of Laws, 2015, item 86 as amended) and the Act of 26th July 1991 on Personal Income Tax (consolidated text in Journal of Laws, 2012, item 361 as amended).

  6. An Author is obliged to independent calculation and payment of all public receivables required by law, connected with Support received through the Website.

  7. The Operator and Payment Operator shall not be liable towards a User or Third Parties for any content, decisions and acts or omissions of a User, including Personal Data given in the registration form.


 

§ 13

Account lockout


 

  1. In case of infringement or breaching the Regulations by a User the Operator can:

  1. send User a warning with request to abandon acts that breach the law and the Regulations;

  2. limit all or chosen functionalities of the Account;

  3. lockout the Account temporarily;

  4. delete the Account from the Website;

  5. permanently delete the Account from the Website, in case of gross breach of the law or the Regulations.

  1. The Operator informs a User about warning, limiting functionalities of an Account, lockout or deleting an Account by sending a message to the mailbox given in the registration form.

  2. In case mentioned in sec. 1 and sec. 2 a User has the right to lodge a complaint appointed in the manner set out in § 14 of the Regulations.

  3. Deleting of an Account from the Website, limiting all or chosen functionalities of an Account or temporary lockout of an Account shall not release a User from liability due to the concluded contract.


 

§ 14

Complaints

  1. A User and a Supporter can lodge a complaint concerning Services, Additional Services and Payment Services, provided by the Operator and a Payment Operator.

  2. A complaint concerning Payment Service is passed to a Payment Operator through the Website.

  3. A complaint shall be sent to the Operator to the e-mail address (…).

  4. A complaint shall include:

  1. a return e-mail address,

  2. a designation of a User lodging the complaint,

  3. pointing to the Service, Additional Service or Payment Service the complaint refers to,

  4. allegations referring to the complaint and justification.

  1. If the data or information in the complaint are incomplete, the Operator shall ask the User to provide the lacking information, before handling the complaint.

  2. A complaint missing information referred to in paragraph 4 shall not be handled by the Operator.

  3. The Operator mediates and supports a User lodging a complaint concerning irregularities arising from the execution of a contract concluded between the Users. For this purpose, the Operator may require an explanation from the User towards which the complaint is lodged, and in case of the legitimacy of the complaint, the Operator sets a date of performance of an obligation, according to the contract concluded between the Users.

  4. Complaints shall be handled in the order of receiving by the Operator.

  5. The Operator shall handle a complaint within 14 working days of receiving it.

  6. If more information is needed and additional steps shall be taken to handle the complaint, the Operator may prolong the deadline, of which shall inform a User together with the new deadline of considering the complaint.

  7. Having considered the complaint, The Operator gives a response to a User via e-mail given in the registering form, without delay.


 

§ 15

Changes in the Regulations

  1. The Operator has the right to make changes in whole or in part of provisions in the Regulations, at any time, without the need to justify the changes.

  2. The delivery of the new Regulations shall be held by publishing it on the Website, together with informing that a User may reject the changes in the Regulations within 14 days of its publishing.

  3. If a User does not reject the changes in the Regulations as defined on the Website, it is considered that the User accepts them. The User is bound by the changes from the day of publishing of the new Regulations. Till the deadline referred to in paragraph 2, a User is obliged to adhere to the Regulations in its current wording.

  4. Rejecting the changes in the Regulations by a User results in termination of the Contract and deleting the User’s Account on the date of entry into force of the changes in the Regulations.

  5. The obligation of an Author’s Account settlement leads to termination of the Contract and deletion of the Account on the date of settlement, as referred to in paragraph 4 above. Up to the date of termination of the Contract, the Regulations in its current wording is in force.


 

§ 16

Termination of the Contract


 

  1. The Contract is concluded for an indefinite period of time, unless otherwise provided in the Regulations.

  2. The Operator may terminate the Contract for important reason at any time, and without giving reasons upon a month’s notice.

  3. A User can terminate the Contract at any time, with a one month’s notice period. A notice period starts at the beginning of the month following the one, in which the notice was filed. The Operator may agree to shorten the notice period on User’s request. In case of an Author, the notice period can be shortened only after an Author’s Account settlement.

  4. Upon expiry of a notice period, the Contract shall be terminated and a User’s Account deleted from the Website, including all the data and the User’s Materials. Deleting the Account shall not prevent lodging a complaint.

  5. The notice shall be submitted through sending a statement of termination to the e-mail (…). The statement shall include the User’s identification data and, in case referred to in paragraph 3, the notice period.

  6. A User has the right to request deletion of a User’s Account from the Operator, which is equivalent to filing the statement of termination of the Contract. The request shall be sent to the Operator’s e-mail address (…).

  7. The Operator is obliged to delete the account on User’s request. Then the Contract is terminated under the conditions set out in paragraph 3.

  8. The Operator is allowed to terminate the Contract on short notice and delete a User’s Account if the User uses the Website in a manner which is contrary to the law or the Regulations.

  9. The Operator is allowed to refuse to provide Services and delete a User’s Account if it was created again after terminating the Contract by the Operator or deleting the User’s Account from the Website due to the violation the law or the Regulations by the User.

  10. The Operator reserves the right to end its activity or transfer the rights to the Website to another entity at any time, for any reason and without giving any reason.


 

§ 17

The final provisions

  1. The Regulations herein enters into force on the date of publishing.

  2. All User’s questions, opinions, claims concerning the functioning of the Website shall be sent to the e-mail address (…).

  3. Unless otherwise provided by the mandatory regulations of law, Polish law is applicable in respect of providing Services by the Operator under the conditions set out in the Regulations.

  4. To all matters not settled herein, provisions of Polish law, particularly the provisions of the Civil Code and Act on Rendering Electronic Services, shall apply.

  5. Provisions of the Act of 14th March 2014 on Public collections (consolidated text in Journal of Laws, 2014, item 498) shall not apply to the Regulations herein.

  6. Concerning any of the provisions as invalid or unenforceable shall not affect the validity of other provisions of the Regulations.

  7. All disputes arising in connection with exercising the provisions of the Regulations herein shall be settled by the competent Courts of the Operator’s place of seat. The court jurisdiction, as referred to in the above sentence, does not apply to a consumer, in the meaning of the provisions of the Civil Code.

  8. A User who is a consumer has the right to use non-judicial procedures of the complaint handling policy and claim assertion in the Permanent Consumer Arbitration Court at Inspectorate of Trade Inspection in Warsaw. The information on the above-mentioned manner and dispute settlement procedures shall be found at www.uokik.gov.pl on the page “Settlement of consumer disputes”.