Terms of service



§ 1. GENERAL PROVISIONS

1. http://freelancers3d.com is a website owned by Bullfrog Maciej Szczepański, with its registered office in Warsaw, at Mikołajska 38B/3, 02-455 Warszawa, entered into Central Registration and Information on Business under the following tax identification number (NIP): 5070021004.

2. These terms set forth in particular the types and the scope of electronically provided services, the conditions of the provision of these services including technical requirements, the conditions of concluding and terminating agreements on electronically provided services, the conditions of commercial information mailing, and complaints procedure.


§ 2. DEFINITIONS

1. Terms of Service – these terms of service;

2. Website – http://freelancers3d.com website;

3. Operator – Bullfrog Maciej Szczepański (ul. Mikołajska 38B/3, 02-455 Warszawa, tax identification number (NIP): 5070021004);

4. User – any individual who is 18 years of age and has full capacity to perform acts in law, or legal person and business unit without legal personality, but able to acquire rights and incur obligations on its own behalf, accessing and using the Website;

5. Designer – a User publishing his/her Projects on the Website;

6. Job Poster – a User publishing on the Website a Job of specific Project realization;

7. Service Provider - a Designer submitting a Bid;

8. Project – a graphic or an animation published under the proper category on the Website by the Designer;

9. Job – a content published on the Website by the Job Poster, aimed at finding a Designer to realize a Project;

10. Bid – an offer to realize the Project submitted by the Designer, which specifies preliminary details concerning Project realization and basic data about the Designer;

11. Comment – a written opinion issued by a User about other Users or Projects;

12. Reference – a link to the other website posted by a User;

13. Contents – Projects, Jobs, Bids, Comments and References posted on the Website;

14. Account - a part of the Website available after User's log in, defined by Username, User's email address and secured by a password;

15. Registration Form – an electronic document available on the Website, used for creating an Account;

16. Contact Form – an electronic document available on the Website, used for contacting the Operator;


§ 3. TERMS OF USE

1. A User of the Website must use an electronic device, which fulfills minimal technical requirements and has:

a) an access to the Internet;

b) an installed Internet browser;

2. The Operator shall render electronically the following services through the Website: publishing and browsing the Projects on the Website, registering to the Website Designers directory, adding new Jobs, including realization offers, commenting the Projects, as well as enabling the Users to subscribe to free and cyclical newsletter.

3. A User is obliged to provide accurate and complete data in Contact Form and Registration Form.

4. The Operator is entitled to perform Website maintenance works, which can cause temporal difficulties or prevent Users from using the services. Prior to the commencement of such works, their date and anticipated duration shall be published on the Website homepage.

5. The agreement on rendering electronic services shall be deemed concluded on connecting the User's computer and the Website, by opening any page of the Website in the Internet browser by the User (entering URL address or redirecting to any of the Website's pages). Termination of the agreement on the provision of electronic services shall take place the moment the User leaves the Website's pages.


§ 4. CREATING ANG CANCELLING THE ACCOUNT

1. Each User can have only one Account on the Website.

2. On creating the Account in the Service the User is obliged to fill in the Registration Form with the following information:

a) Username;

b) Email address;

3. The information about the necessity to confirm the Account creation shall be sent to the email provided by the User within 24 h since the registration to the Website. The confirmation shall constitute a conclusion of the agreement between the User and the Operator on maintaining the Account. The Agreement is concluded for an indefinite period and can be terminated (Account deletion) at any time by the User. For important reasons, such as violation of the provisions hereof or the Polish law, the agreement can be terminated by the Operator with 7 days' notice.

4. The User can withdraw from the agreement without giving any reasons, by submitting an appropriate statement within 10 days since the conclusion of the agreement referred to in paragraph 3 above.

5. If the agreement is terminated pursuant to the Operator's notice on conditions specified in paragraph 3, sentence 3 above, the User is not allowed to create again the Account on the Website without prior consent of the Operator.

6. The User is obliged to maintain the confidentiality of all data required to use the services available on the Website and not to disclose access to the Account, including the password to the third parties.

7. The Operator shall provide the Users with permanent access to their data, including unlimited possibility of edition and changes, as well as deletion thereof, except for the persistent data.

8. The User is entitled to delete the Account at any time. Together with the Account deletion all the Jobs and Projects submitted by the User shall be automatically removed from the Website.


§ 5. GENERAL TERMS OF CONTENT ADDING

1. Subject to rules stipulated in Section 3, paragraph 4 of these Terms, adding new Content to the Website shall be possible 7 days a week, 24 hours a day.

2. Content can be added only by the Users with registered Accounts.

3. The Content cannot violate the provisions of law, in particular personal rights or infringe third party-rights (eg. copyrights, and other intellectual property rights), contain contents generally regarded as abusive, violating good practice or misleading.

4. The Operator shall not interfere with the Content and shall have the right to remove the Content in case it infringes the provisions of law or conditions of these Terms.

5. The Content in the form of a Project or a Job should be posted under the right category. The Operator is entitled to change the category chosen by the User in case the Content is submitted under the wrong category.

6. The Users are not entitled to copy the Content published on the Website with the aim of publishing it on other Internet sites or using it in a manner which is unlawful or not in conformity with these Terms.

7. Each User can report violation regarding the Content posted on the Website to the Operator.

8. The Operator shall not be held responsible for the Users' actions in connection with the use of the Website, which violate the law or infringe the provisions of these Terms. In case of claims with respect to the Content made by any person or entity, the User is obliged to accept all related expenses.


§ 6. RULES OF PROJECT POSTING

1. By posting the Projects, the Designer shall grant the Operator a license (free of charge, non-exclusive, unlimited in time and territory, with sublicensable right) to use them, including the right to:

a) make them publicly available on the Website;

b) enter into computer memory;

c) use them for marketing and promoting purposes.

2. By posting the Project on the Website, the Designer shall submit a statement that he/she is the author of the Project and has unlimited economic copyrights and moral rights towards it or has the necessary author's economic copyrights towards the Project at his/her disposal.


§ 7. RULES OF JOB AND BID POSTING

1. The Operator shall not be a party to transactions made in relation to the Job between the Job Poster and the Designer and shall not guarantee, that the aforementioned entities as parties of a potential agreement have the right to conclude and execute it.

2. The Job Poster is obliged to edit the Job in a fair and complete manner. The content of the Job cannot contain false information, which could mislead the Users.

3. The Job Poster is solely responsible for the content of the Job and the mistakes in connection with the Job towards the User, as well as for inconsistencies in description or other information, which can be misleading for the User.

4. Provisions of paragraph 2 and 3 above are the same for the Designer and his/her Bids.

5. Each Job should contain a description and information about the Job.

6. In order to post a Job on the Website, the User should edit the content of the Job, enter the data as described in paragraph 5 above and put the Job under the right category.

7. The Job Poster is entitled at any time to edit the Job posting within the defined scope, and to close it without choosing a Designer.

8. The Job publication on the Website shall terminate upon expiry of the period for which it was concluded or upon earlier Job closing by the Job Poster or the Operator pursuant to Section 5, paragraph 4 hereof.


§ 8. NEWSLETTER

1. A User can subscribe to the newsletter service and receive free brochures and other information sent out to his/her email address by the Operator.

2. In order to subscribe to the newsletter a User should enter his/her email address into the subscription form available on the Website.

3. By using the newsletter service, the User consents to receive information from the Operator in accordance with the Art. 10 sec. 2 of the Electronic Services Act as of 18th July 2002 (Journal of Laws, No. 144, item 1204) to the email address provided by the User.

4. At any time can a User resign from the subscription to the newsletter.


§ 9. COMPLAINTS PROCEDURE

1. Complains connected with performance of the Website services should be submitted to the Operator in a written form (address: ul. Mikołajska 38B/3, 02-455 Warszawa) or through the Contact Form.

2. The Operator shall hear the complaint immediately, no longer than within 14 days of receipt.


§ 10. INTELLECTUAL PROPERTY

1. The Website and various web pages, including the content contained therein, are subject to copyright within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws, No. 90, item 631, as amended).

2. Any reproduction, including but not limited to copying, or other public dissemination of the materials listed in paragraph 1 requires consent of the Operator.


§ 11. FINAL PROVISIONS

1. These Terms of Service in their original version shall enter into force at the time of its publication on the Website.

2. In matters not regulated by these Terms, provisions of the Act of 23 April 1964 of the Civil Code (Journal of Laws, No. 16, item 93, as amended), Electronic Services Act of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended), Copyright and Related Rights Act of 4 February 1994 (Journal of Laws No. 90, item 631, as amended), the Act of 30 June 2002 on Industrial Property Law (Journal of Laws of 2001, No. 49, item 508, as amended),

3. The Operator reserves the right to change the content of these Terms of Service. Information regarding the changes in Terms of Service will be published on the Website's homepage effective within 14 days since publishing date of the altered Terms of Service on the Website. Any actions taken in connection with the Website prior to the changes coming into force shall be regulated in compliance with the then current version of Terms of Service. The continued use of the Website after any changes in these Terms will constitute an acceptance of such changes, whereas the rejection of the new Terms will result in termination of the agreement and discontinued use of the Website.

4. If any provision hereof shall be deemed invalid by the final judicial decision, the remaining provisions shall remain in force.