EYENIMAGE PORTAL MEMBERSHIP TERMS AND CONDITIONS FOR THE USER AND End User License Agreement (EULA)
These Regulations have been drawn up on the basis of the provisions of law in force in the territory of the Republic of Poland. These Regulations define:
- the rules of functioning and operation of the online social networking site (hereinafter: Portal), operating under the domain: https://eyenimage.com,
- the rules for the provision and use of the Services available through the Portal,
- the rights and obligations of Users,
- the rights, obligations and responsibilities of entities with the right to run and administer the services made available through the Portal.
The name of the Portal, logo, graphic design (including graphic elements, trademarks), its functionality, software and database are protected by law.
1. The owner of the portal is Eyenimage a limited liability company registered in the registry of the National Court Register conducted by the District Court Poznań - Nowe Miasto and Wilda in Poznań, Faculty VIII Economic Domestic Court Register at number: 0000719576, NIP: 9721286273, REGON: 369536810.
2. Functionality of the Portal:
a) providing a communication platform, applications, other IT tools, including in particular: creating accounts that are Users' profiles, adding photos and videos on their own profiles, the possibility of meeting in a virtual 3D room with other Users, the possibility of asking open questions, commenting , evaluating other Users, text messenger, consulting consultants, handling micropayments with an internal currency called "coins";
b) providing Users with paid and free Services available on the Portal.
3. Before starting to use, each User should:
a) Read the Regulations and agree to its provisions by clicking the appropriate consent field in the Application, accepting the Regulations, the User agrees to use his image;
b) Express consent to the processing of your shared personal data for purposes related to the use of the Portal, by clicking the appropriate consent field in the Application;
TERMS OF PARTICIPATION
I. Technical conditions
The User may use the Portal in the version for PCs, tablets and phones. The portal is responsive, it contains two versions: for computers and for mobile devices with a lower resolution than computers. The PC version runs on a regular domain. Mobile version on the domain with the note "/ m".
1. Only persons who, in the manner described in the Regulations:will take part in the registration
a) have accepted the provisions of these Regulations,
b) have consented to the processing of the personal data provided.
2. The Portal User, hereinafter referred to as the "User", may be a natural person, a legal person, as well as an organizational unit without legal personality, which the law provides for legal capacity; a natural person with limited legal capacity. The User may not be:
- a person under 18 years of age, unless he / she receives consent from a parent or legal guardian to become a minor User on the Portal and selects the checkbox at registration. A minor User may not be less than 13 years of age;
- a person whose account was previously blocked by the administrator due to violation of the regulations or rules;
- a person banned from receiving products, services or software provided by the Portal under applicable regulations.
3. Registration in the Portal, ie setting up an Account and using the Portal is voluntary and free. Any free Services related to the use of the Portal are available when the User registers by providing the following data via the https://eyenimage.com/join form: e-mail, password containing from 6 to 30 characters, one number and a small and capital letter, User name, date of birth, country, province, city.
5. After registration, the User receives an activation link. Activation must be made within 7 days of receiving the activation link. If the User fails to activate within the above-mentioned period, he will not be able to use the account. For the first 7 days, the User may use the account without activation. After that, the account will be blocked. The user can unblock them by clicking on the previously sent activation link.
6. If the User does not click on the activation link within 100 days from its receipt, the User's account will be completely deleted.
7. The Account User undertakes to provide the above-mentioned truthful data. The User is not entitled to place the data of third parties and the image of third parties on the Portal without the consent or consent of that person required by law.
8. The user can register via social networks such as: Facebook, Twitter, Gmail, Linkedin, VK.
9. Upon registration, an agreement is concluded for an indefinite period. The User has the right to use the Portal and additional free services provided by the Portal Owner.
RULES OF USE
1. The use of the Portal by the User is free and voluntary.
2. The User has the option of choosing whether to create an Account with a private or public profile.
3. Technical conditions: photo format: jpg, png up to 20 MB, movie format: avi, mp4 up to 100 MB. At the same time, you can send up to 10 photos with a total weight of 25 MB and up to 4 films with a total weight of up to 100 MB in the gallery.
4. The User may at any time, without giving any reason, delete his Account from the Portal, which is available in the User's account settings. With the deletion of the Account, the User Profile with all data (including his Login, main and gallery photos) will be removed from the Portal permanently and irretrievably. All messages received and sent from the User's Account will also be permanently deleted, but the User must be aware that the history of his conversations can still be saved in the history of the Accounts of his interlocutors.
5. Submission by the User of a request for deletion of personal data provided in the Account registration form (for the purpose of providing the service) means that the further provision of the service is impossible for technical reasons and is therefore equivalent to the deletion of the User's Account.
6. The User's Profile may be indexed by Google and therefore available in the Google search engine.
- Paid services
7. The use ofby the Portal UserUser additional paid Services takes place only on the basis of an explicitrequest, after payment. Payments are made with an internal currency known as "coins". One coin is equivalent to PLN 1 gross. At the same time, it is stipulated that the value of the coins may change, about which the owner of the portal will inform by e-mail 7 days before the planned change.
8. Coins can be purchased via the Przelewy24 platform.
9. Coins may also be awarded as part of a discount granted by the Portal Owner by promoting the Portal by sending reflinks for registration and by being active on the Portal (including evaluating, commenting, adding metamorphoses). The PC version of Reflink is available at the url: https://eyenimage.com/increase_popularity, and in the mobile version https://eyenimage.com/m/upgrade.php?action=refill_credits. Granting a discount consists in receiving one coin from the Portal Owner when the User purchases nine coins.
10. Coins received for free are a discount. To be able to use the free coins, the user must buy at least 1 coin.
11. The Portal Owner provides a currency converter in accordance with the prices set by the National Bank of Poland, which guarantees the identity of the prices regardless of the selected currency.
12. The User may also choose the traditional payment method, which is also offered by Przelewy24.
13. Paid services are provided by the Portal Owner, in accordance with the selected option, for a specified period of time.
14. The User has the right to withdraw from the Service to the extent not yet completed. In the remaining scope, if the User uses the option to withdraw from the contract, he has the right to exchange the purchased services for other services or for products in the tab. https://eyenimage.com/buy.
15. The coins purchased by the User are not returnable. Coins can be used for advice from consultants, digital services such as: the appearance of a profile photo in the top bar of the portal for 50 coins, more frequent viewing of the profile for the price of 50 coins, the ability to send more photos to the gallery, the ability to send more messages to other Users or the ability to make purchases in our reward store: https://eyenimage.com/buy.
16. The Portal Owner may change the Services, their type and scope.
17. The coins purchased or obtained for free by the Users have a shelf life of up to 12 months from their appearance on the consultant's or user's account. Coins obtained for free that are in the consultant's or user's account for more than 12 months are irretrievably deleted.
18. The user can have up to 30 photos in the gallery for free, to send more, he must purchase a VIP account for the period of time chosen by him.
19. The User may send up to 100 messages to other Users on one day, and in order to be able to send more, the User must purchase a VIP account for a selected period of time.
20. The user can activate the VIP account 1 week for PLN 7.00, 1 month for PLN 20.00, 3 months for PLN 50.00, 6 months for PLN 90.00, 12 months for PLN 180.00.
21. By selecting an item from https://eyenimage.com/buy, the user concludes an agreement with the seller of the product. The portal only acts as an intermediary in this sale by providing the seller with the value of coins for the selected items and the User's shipping address. The portal is not responsible for the warranty, shipping, returns and the entire transaction. The User may only refer the withdrawal from the contract to the Seller. The seller grants a guarantee, sends the product together with the purchase document, receipt or invoice. The portal charges a commission from the seller of the product.
22. The Portal acts as an intermediary only in the provision of services by the Consultant and the Portal User. The contract for the provision of services is concluded directly between the User and the Consultant.
23. By purchasing services from a Consultant via the Portal, the User authorizes the Portal owner to mediate on his behalf in terms of payment for these services in order to complete the transaction between the User and the Consultant.
24. Responsibility for the provision of services mediated by the Portal is borne solely by the Consultant providing the service. The Portal as an intermediary does not bear any responsibility for the services to be performed by the Consultant and does not provide any obligations or guarantees (expressed or implied) regarding the suitability or quality of the Services offered on this Portal. In the event of any complaints regarding the performance or non-performance of the service, the only responsible party is the Consultant.
25. The user may take advantage of paid consultations. The user can choose whether the application is to be sent to the Consultant indicated by him or to a randomly selected Consultant.
26. By selecting the Consultant indicated by the User, the User accepts the price specified by him for the consultation specified in coins.
27. The user can send the so-called "Quick Report" addressed to a group of Consultants or a group of Expert Consultants. Then, depending on which group of Consultants the User sends the application to, all Consultants from a given group have access to it, while Expert Consultants may also accept an order addressed to a group of Consultants. The consultant from a given group who accepts the application first is obliged to provide advice. If he does not do it within 15 minutes, the application is automatically closed and goes back to the Consultants from the given group available to Consultants. Coins collected for the service not performed are returned to the User. A Consultant from a given group who did not provide a response within the prescribed time, and all Consultants from a given group, may accept the application again.
28. In the case referred to above, as well as in the event that the Consultant, whom the User asked for advice, fails to reply within the prescribed time, the User is returned the coins. Then the Consultant to whom the inquiry was addressed or another Consultant from a given group may take over the application in such a way that he will directly contact the User in order to verify whether the User is still interested in obtaining advice. The User's reply in the same thread creates a new ticket. Such a claim is then reduced to 10 coins. In this case, the price set by the Consultant does not apply. Another advice after the application is closed by the Consultant, in the same thread, is at the regular price set by the Consultant.
29. The Consultant is obliged to respond to the "quick reporting" of the user within 15 minutes, and for an individual application standard 30 minutes. Consultant can set your own time to respond to an individual notification. The User by sending an individual application may propose their own time to answer its application. If the consultant does not reply to the user in a fixed time, the user will automatically receive coins refund. If the user does not receive a response can send again a report in the same thread by changing time to a response or create a new notification.
30. "Quick Reports" for regular Consultants cost 10 coins and for Expert Consultants 30 coins.
31. Consultants Experts are people who have received at least 50 advice and a rating of at least 4 out of 5 stars.
32. After the Consultant has given the advice, the User has the right to write back as part of the advice given. The consultant assesses whether the User's message relates to the advice given or whether it constitutes a new request. If it concerns a new advice, the consultant should inform the User about it before closing the ticket manually.
33. Users can rate a Consultant on the advice received from him in the "stars" from 1 to 5. The user may leave a comment in the Consultant's profile, regardless of whether or not he uses the advice.
34. The Portal Owner has the right to verify the content of the advice provided by the Consultant. If the content of the advice provided to various Users is duplicated or does not refer to the User's problem, the Portal owner has the right to consider the advice unreliable and return the coins to the User who received the poor-quality advice.
35. After closing a ticket, the User may create a new ticket in the same thread. The report is then treated as a completely new standalone application.
36. When purchasing the service at a given consultant, you may select the "check box" or a new message or a so far written topic is available only for this consultant. No selection of this field will result in the case when a given consultant will not be written off in a fixed time, the application or the whole thread will go to public, for all consultants from a given group, pool. Selecting the above The "buoyancy field" will cause that despite the lack of response by the selected consultant at a specified time, the notification data or the whole thread will not go to the public pool for all consultants from a given group.
37. Both Users and Consultants receive information about a new message, reply, coin return.
38. In each message in the "Quick" and individual notification, the User and the Consultant may send each other one photo per message.
39. The funds on the User's account are blocked when the message is sent directly to the Consultant or in the case of "Quick Report". The fee for the consultation is transferred from the User's account to the Consultant's account after the service has been properly performed, i.e. after the User has been sent a reply. These settlements are made in an internal currency called coins. Manual closure of the application by the Consultant allows the User to create a new ticket in the same thread, which is subject to new settlement. After completing the advice, the consultant should close the application.
40. The Portal User and the Consultant cannot communicate with each other in the scope of consultations provided outside the Portal. It is strictly forbidden to share data such as: telephone number, e-mail address or link to media with social networks in messages sent via the portal. Breaking the ban may result in the removal of the User's and Consultant's accounts and the inability to re-register on the Portal.
41. The User and the Portal Consultant consent to the Portal Owner to view messages sent between the User and the Consultant in order to verify the quality of the advice provided and to supervise the prohibition resulting from the above point. The owner of the Portal uses algorithms filtering data provided in messages, e.g. whether the content of the consultation is repeated, whether e-mail addresses, telephone numbers and links to social media are provided.
42. During consultations, the User and Consultant may not use profanity, infringe the personal rights of other Portal Users and Consultants, or humiliate or insult other Portal Users and Consultants. The Portal is not responsible for the content formulated by Users and Consultants.
43. As part of the advice provided, the User and the Consultant are confidential. By accepting these regulations, the User and the Consultant undertake not to publish the content of the advice and the photos received.
44. If the Consultant deletes the account, the entire correspondence of the Consultant with the User, including photos, will also be deleted.
RIGHT OF WITHDRAWAL
1. The User may, within 14 days, withdraw from the Agreement concluded with the Portal Owner, both in terms of free and paid services, without giving any reason. The contract is concluded upon correct registration on the Portal (creation of an Account). In the scope of paid services, the contract is concluded upon receipt of the payment by the Portal Owner.
2. The User may withdraw from the Agreement by submitting a declaration to the Portal Owner on the withdrawal from the Agreement. To meet the deadline for withdrawing from the Agreement, it is enough for the User to send a statement before that deadline.
3. The statement may be sent by traditional mail, fax or by e-mail by sending the statement to the e-mail address: [email protected] of the Portal Owner or by submitting the statement on the Owner's website, i.e. https://eyenimage.com. The statement may also be submitted on the form, the specimen of which is attached as Appendix 1 to these Regulations and an attachment to the Act of May 30, 2014 on consumer rights, but it is not obligatory.
4.If the User sends the declaration by e-mail, the Portal Owner shall immediately send the User a confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by him.
5. The right to withdraw from a distance contract is not entitled to the User in relation to the Agreement:
1) for the provision of services, if the Portal Owner has fully provided the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract.
The Portal User, by accessing the Portal (by effective registration and creating an Account), declares that:
- he has read the Regulations and accepts its provisions, undertake to apply them,
- voluntarily started using the Portal's services,
- the personal data contained in the registration form are true, while all content and data provided in connection with the use of the Portal are legal and do not infringe the rights of third parties,
- is aware of the responsibility for posting content and data as well as the image of third parties on the Portal without appropriate permission,
- agrees that the Portal Owner removes the content and data that violate good manners, promote activities harmful to life and health, contain illegal, offensive, untrue, morally reprehensible or promoting violence content,
- declare that it will not engage in commercial, advertising and promotional activities,
- declare that it will not send spam and unsolicited commercial information,
- declares that it will not publish content that violates Polish and international law, good manners or moral standards, violates the personal rights of other people, supports radical social attitudes or expresses such views (i.e. discriminating racially, ethnically, based on sex, etc.),
- agrees to modify the appearance and operation of the Portal by the Portal Owner for technical, legal and developmental reasons,
- agrees to posting on the Portal or Account information, windows, banners and advertisements,
- consents to the removal, modification, blocking of content and data, as well as preventing the User from accessing the account by the Portal Owner, and also taking all actions permitted by law related to the Portal in the event of the appearance of content and data that violate applicable law or the Regulations Portal.
1. The user declares that he is the author of the data posted on the website and that he is entitled to full personal and property copyrights to them, and also declares that he is fully responsible for the fact that the inclusion of this data on the website will not infringe any rights and in particular the copyrights of third parties.
2. If a third party submits a claim in this respect directly to the Portal Owner, the User will release the Portal Owner from any liability related thereto and reimburse any costs incurred by the Owner in this respect, including the amounts of damages awarded by a final judgment or accepted by a settlement and costs legal representation.
3. At the moment of placing the data on the website, the User grants the Portal Owner an irrevocable, non-exclusive, unlimited in time, quantity and territorial permission to use proprietary copyrights and dependent rights to the data, including recording (on any medium, using any technique, , removal, replenishment, public performance, public display, reproduction and dissemination of these data for marketing purposes, information, statistics and publications in the media such as the internet, newspapers, television, mobile telephony, publishing books.
4. The user may at any time resign from the license granted by deleting the posted data or deleting the account, however, for technical reasons, the deleted data will be retained in backup copies for the necessary period. Deleted data will be visible to other Users only if they are previously made available by the Users ka other people who did not delete this data.
5. The User, at the time of creating the Account, allows the use of his image posted on the Portal for the proper management of the Portal and the provision of Services by the Portal Owner.
6. The owner of the Portal retains all copyrights (personal and property) to the content covered by intellectual property rights, which he owns and makes available as part of the provision of the Services.
1. The Portal Owner will make every effort to ensure that the Portal and all Services made available through it operate continuously without any disruptions. However, the Portal Owner shall not be liable for any disruptions in the functioning of the Portal, caused by force majeure, technical failure or unlawful interference of Users, caused by force majeure, technical failure or unauthorized interference by the Portal owner. The owner of the Portal is not responsible even if the above-mentioned factors caused the loss of data on the accounts of Users and Consultants. The Portal Owner is also not responsible for the leakage of Users and Consultants data for reasons beyond his control, including, inter alia, burglary of an unauthorized person.
2. The Portal Owner reserves the right to temporarily block the use of the Portal in full or in part in order to improve it, add services or carry out maintenance, after informing the Users and Consultants about it.
3. The Portal Owner is not responsible for the content of messages sent by Users and Consultants, as well as for the content of comments and evaluations made publicly on the User's profile.
4. The Portal Owner declares that the data provided, published and placed on the Portal by Users and Consultants are not the views of the Portal Owner. The owner of the Portal is not responsible for them.
5. The User is fully liable for breaking the law or for damage caused by his actions on the Portal, in particular for providing illegal or unreliable, untrue Data or false Personal Data, disclosure of business secrets or other confidential information, violation of personal rights or copyrights and rights. related.
1. Any irregularities in the functioning of the Portal may be complained about within 3 days of the event, by reporting them by e-mail to the administrator at the following e-mail address: [email protected] or by traditional mail to the following address: ul. Leśna 26, 62-002 Suchy Las with the note Complaint.
2. Unless otherwise provided in the Regulations concerning additional services, complaints shallmanner described in point 1.
3. Be submitted in theThe complaint shall be considered within 14 working days from the date of filing the complaint. The owner of the Portal reserves the right to extend the indicated period in the event that the examination of the complaint requires special messages or encounters obstacles for reasons beyond the control of the Portal Owner. The period of considering the complaint may be extended until additional explanations are provided by the Portal User or the Consultant.
4. The Portal Owner reserves the right to make technical interference with the User's Account in order to remove any irregularities in the functioning of the Portal.
5. Disputes with the User regarding the Portal may be concluded amicably by way of proceedings before an arbitration court on the terms set out in the rules of this court only after the complaint procedure is completed. Both parties to the dispute should give their consent. In other cases, any disputes will be settled by the court competent for the seat of the Company.
6. The User has the right to submit a complaint to the Consultant within 3 days if the advice provided by the Consultant is of poor quality or does not answer the User's question. The User is obliged to inform the Portal administrator about the complaint by e-mail to the following e-mail address: [email protected].
7. If the User submits a complaint, the administrator has the right to suspend the payment of the consultation fee. Suspension of the payment of remuneration may be made only if it meets the conditions specified in point 6 sentence 2. Failure to inform the Portal administrator about the submitted complaint will result in the fact that the payment of remuneration to the Consultant for advice will not be withheld. If the complaint is accepted, the User will be able to claim a refund only from the Consultant. The Owner is not responsible for the Consultant's failure to reimburse the User for remuneration.
8. The consultant is obliged to consider the complaint within 14 working days of its notification. In the event of a positive consideration of the complaint, if the payment of remuneration has been suspended by the administrator, the administrator will return the suspended coins to the User at the request of the Consultant.
9. In the event of conflicts arising from the submitted complaint, Users and Consultants may contact the administrator to resolve the dispute. The administrator, after reading the explanations of the parties, will issue a final and non-contestable decision.
10. If the Consultant receives 3 complaints in one month, the Administrator may add a public comment warning Users on the Consultant's profile and may receive 1 star from the Administrator in the ranking as one rating, in the event of repeating 3 complaints in one month, the Administrator may repeat the procedure.
RESPECTING OTHER'S RIGHTS
We respect the rights of others and we expect the same from you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
- Violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right
- Bullies, harasses, or intimidates
- Spams or solicits our users.
We try hard to keep our Services a safe place for all users and we hope you can help us in achieving this. By using the Services, you agree that you will not:
- Use the Services for any purpose that is illegal or prohibited in these Terms
- Use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information
- Use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent
- Use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services
- Use or attempt to use another user’s account, username, or password without their permission
- Solicit login credentials from another user
- Post content that contains or links to graphic violence, threats, hate speech, or incitements to violence
- Upload viruses or other malicious code or otherwise compromise the security of the Services.
- Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
- Probe, scan, or test the vulnerability of our Services or any system or network.
- Encourage or promote any activity that violates these Terms
1. These Regulations are available on the website: https://eyenimage.com/info.php?page=term_cond.
2. The appendices to these Regulations constitute an integral part thereof.
3. The provisions of these Regulations are governed by the provisions of Polish law. In matters not covered by these Regulations, the provisions of the Civil Code, the Act on Copyright and Related Rights and other acts shall apply.
4. The Portal Owner reserves the right to amend these Regulations, including for technical reasons or in the event of changes to the applicable law. The changes will be published on an ongoing basis in the form of a unified text of the Regulations on the Portal's website.
5. Any disputes arising from the performance of obligations related to the use of the Portal will be resolved by a competent common court.
Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
Addressee [here the entrepreneur should enter the entrepreneur's name, full postal address and, if available, fax number and e-mail address]
I / We(*) hereby inform / inform(*) about my / our withdrawal from the sales contract the following items(*) contract for the supply of the following items(*) contract for specific work consisting in the performance of the following items(*)/ for the provision of the following service(*)
Date of conclusion of the contract(*)/ receipt(*)
Name and surname of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only if the form is sent in paper version)
(*) Delete as appropriate.