Before using the https://motioncube.io website Recipients are required to read the Regulations.
Table of contents:
- General provisions
- Type and scope of electronic services
- Conditions for the provision and conclusion of contracts for the provision of electronic services
- Terms of terminating contracts for the provision of electronic services
- Complaints procedure
- Intellectual property
- Final Provisions
I. GENERAL PROVISIONS
- Website operating at https://motioncube.io is run by Rafał Petryniak running a business under the name LavaVision Rafał Petryniak, entered into the Central Register and Information on Economic Activity Of the Republic of Poland, run by the minister responsible for economy, place business activity and address for service: ul. Stanisława Skarżyńskiego 5/07, 31-866 Krakow, NIP: 6751317019, REGON: 122588869, e-mail address: email@example.com, tel. +48 795 774 778.
- The https://motioncube.io website works on the terms set out in these Regulations.
- The Regulations define the types and scope of services provided electronically by the Website https://motioncube.io, rules for the provision of these services, conditions for concluding and terminating contracts for the provision of road services electronic, as well as the complaint procedure.
- Each Service Recipient at the moment of taking steps to use the Services The Electronic Website https://motioncube.io is required to comply with the provisions of these Regulations.
- In matters not covered by these Regulations, the provisions of the Regulations shall apply MotionCube Online Store and the provisions of: the Civil Code; Act on consumer rights z on May 30, 2014 (Journal of Laws of 2014, item 827); Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204 as amended); Act on Copyright and Rights related of February 4, 1994 (Journal of Laws No. 24, item 83, as amended) and other relevant provisions of Polish law.
- REGISTRATION FORM - the form is available on the website of the Service enabling the creation of an Account. The Registration Form allows you to create a Responder Account a specific Client.
- DISCUSSION FORUM - Electronic Service made available to Customers by A service provider that enables the exchange of mutual views and information in real time between Recipients. The administrator and moderator of the Forum is the Service Provider.
- CONSUMER - a natural person who performs a legal transaction with the entrepreneur not related directly to its business or professional activity.
- ACCOUNT(PROFILE) - marked with an individual name (login) and the confidential password of the Service Recipient, a collection of resources in the Service Provider's IT system, in which Customer's data is collected. A prerequisite for creating an Account on the Website is his registration, reading and acceptance of the Regulations. The Account is activated after clicking activation link sent to the address indicated in the Registration Form.
- LICENSE - a license agreement as defined in Chapter 5 of the Copyright Act and related rights of February 4, 1994. (Journal of Laws No. 24, item 83) in the form of assigning a number serial to which the products are assigned at the time of their purchase in the Online Store. The customer can generate a maximum of 5 licenses that are not assigned to any device. The license is strictly bound to the User Account.
- PLAYER(PLAYER) - application called MotionCube Player provided by the Operator, the use of which is possible after it has been downloaded via Website and installed on the User's device. It allows you to download and run products purchased in the Online Store.
- ENTREPRENEUR - a natural person, legal person and organizational unit, o referred to in Art. 331 § 1 of the Civil Code (organizational unit that is not a legal person), carrying out a business or professional activity on their own behalf.
- TERMS AND CONDITIONS - these Terms of Service.
- SERVICE - the Service Provider's website operating at https://motioncube.io , enabling Users to use the resources of this platform in particular for the purpose downloading applications, modules and templates, the use of which is possible after their completion purchase in the Online Store.
- ONLINE STORE - MotionCube online store operating at https://store.motioncube.io , enabling purchases of specific digital content available on the Website.
- BUILT-IN STORE - an integral part of the Player that allows you to make purchases content available in the Online Store, downloading, installing and updating them.
- SERVICE PROVIDER,OPERATOR - Rafał Petryniak running a business business name: LavaVision Rafał Petryniak, NIP: 6751317019, REGON: 122588869; delivery address ul. Stanisława Skarżyńskiego 5/07, 31-866 Krakow.
- SERVICE RECIPIENT,USER - natural person, legal entity or an organizational unit without legal personality, which the law grants legal capacity, using the Electronic Service.
- ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Website.
III. TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider enables the use of Electronic Services via the Website, such as:
- maintaining an Account on the Website,
- using the Online Store that allows you to make a purchase:
- interactive modules
- using the Discussion Forum,
- downloading and using the Player (including the Integrated Store integrated with it).
- Provision of the Services referred to in point 1 lit. a), c) and d) of this chapter, to Recipients on the Website, takes place on the terms specified in the Regulations of the Website. The rules the use of the Online Store is specified in these Regulations and separate Store Regulations Internet.
- The Service Provider has the right to post advertising content on the Website. These contents constitute an integral part of the Website and the materials presented therein.
IV. TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
- Provision of Electronic Services specified in Chapter III point 1 of the Regulations by the Service Provider is free.
- The contract for the provision of Electronic Services consisting in maintaining an Account on the Website concluded is for an indefinite period.
- Agreement for the provision of Electronic Services consisting in the use of the Online Store, is concluded for a definite period of time and terminates when the use of this Service is ceased by the User.
- Agreement for the provision of Electronic Services consisting in the use of the Discussion Forum, is concluded for a definite period of time and is terminated when the use of this Service is ceased by the User.
- The service provider and administrators and moderators make efforts to remove any content found to be illegal immediately.
- When using the Forum, the Customer is obliged to respect the principles of mutual respect and well mannered.
- The content of each entry on the Forum reflects the views and opinions of its author and not Service providers, administrators, moderators or webmasters (except for messages posted by them).
- It is forbidden to provide information including e-mail addresses, websites, telephone number, prices products or services from outside the Website and other advertising forms in the titles or content of posts.
- The user undertakes not to publish personal data without the consent of the data subjects concern without their express consent, unless the law provides that such a person's data may be published without their consent.
- Upon downloading the Player, the Operator grants the User a free and non-exclusive one license to use this software for business purposes only Recipients and in accordance with the intended use of the software. Installation and use of the Player requires accepting the content of the Player's license terms.
- The license is granted for an indefinite period without territorial restrictions.
- The user is not authorized to do so on his own or with the participation of third parties reverse engineering, disassembly and decompilation of the Player.
- The user undertakes not to use any software that may disrupt the operation of the Player delivered via the Website.
- The user is fully responsible for the modifications introduced by him to the functionality Player.
- Activate the Player after starting the Player by:
- selecting "Activation",
- entering the License and
- clicking on the "Activate" button.
- Activating the player results in blocking the License for the next activation.
- Deactivation of the Player takes place after starting the Player by:
- selecting "Activation",
- clicking on the "Deactivate" button.
- Deactivating the Player unlocks the License, which consequently allows execution next Activate the Player on a different device or reactivate the Player on the same device device.
- Deactivating the Player results in blocking all digital content (applications, modules, templates) downloaded and installed from the Online Store, which were available in the Player and the blockade of the Built-in Store.
- Technical requirements necessary to cooperate with the ICT system that is used
- computer (or mobile device) with Internet access,
- access to e-mail,
- web browser,
- The Service Recipient is obliged to use the Website in a lawful and good manner customs, with a view to respecting personal rights and intellectual property rights of people third.
- The Service Recipient is obliged to provide factually correct data.
- The recipient is prohibited from providing illegal content.
V. TERMS AND CONDITIONS OF TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
- Termination of the contract for the provision of Electronic Services:
- The contract for the provision of Electronic Services of a continuous nature may be terminated and indefinite (e.g. keeping an Account).
- The Service Recipient who is a Consumer may terminate the contract with immediate effect and without indicating the reasons by sending an appropriate statement via post e-mail to the following address: firstname.lastname@example.org. or using the contact form available in the "Contact" tab.
- The Service Recipient who is an Entrepreneur may terminate the contract without giving reasons via sending a relevant statement via e-mail to the following address: email@example.com. In such a case, the contract expires after 7 days from the date of submission declaration of will to terminate it (notice period).
- The service provider may terminate the contract for the provision of electronic services of a continuous and indefinite if the Service Recipient violates the Regulations, in particular when provides unlawful content after unsuccessful prior summons to cessation of violations with an appropriate deadline. In this case, the contract expires after 7 days from the date of submitting the declaration of will on its termination (notice period).
- The termination leads to termination of the legal relationship with effect for the future.
- The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services in each time by agreement of the parties.
VI. COMPLAINT PROCEDURE
- Complaints related to the provision of Electronic Services by the Service Provider:
- Complaints related to the provision of Electronic Services via the Website The Service Recipient may submit via e-mail to the following address: firstname.lastname@example.org or using the contact form available in the tab "Contact". In the above email, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and speed up the handling of the complaint by the Service Provider.
- Consideration of the complaint by the Service Provider takes place immediately, not later than on time 14 days.
- The Service Provider's response to the complaint is sent to the Customer's e-mail address provided in the complaint or in any other way provided by the Customer.
VII. INTELLECTUAL PROPERTY
- All content posted on the website at https://motioncube.io including the name of the Website, its functionalities, graphic design, logos, graphic elements, layout and the composition of these elements (the so-called "layout"), trademarks, software and database enjoy copyright protection and (with the exception of the content posted by the Recipients and items used under license, transfer of copyright or permitted use) are owned by Rafał Petryniak, who runs a business under the name LavaVision Rafał Petryniak, ul. Stanisława Skarżyńskiego 5/07, 31-866 Kraków, NIP: 6751317019, REGON: 122588869. The Service Recipient is fully responsible for the damage caused to the Service Provider, which is a consequence of the use of any content of the website https://motioncube.io , without the consent of the Service Provider.
- Any illegal or inconsistent with the provisions of these Regulations, the Store Regulations The Internet and the Licenses granted by anyone, any of the elements that make up the content and content of the website https://motioncube.io , constitutes an infringement of the copyright of the Service Provider and results in liability civil law and criminal law.
- By sending files and other digital content to the Website, the Service Recipient confirms his right to dispose of them and is solely responsible for infringement of economic copyrights and related data, personal data and personal rights of third parties, and in the event of the occurrence by any person with any claims or demands in relation to the Website in this respect, I undertake to release the Website and the Service Provider from any liability in connection with violations and to fully satisfy the claims of third parties in this regard.
- The Service Provider takes all available measures to protect Users' data.
- The Service Provider will make every effort to ensure that the data available on the Website is complete and up-to-date and presented with due diligence, taking into account the existing facts and legal, within the limits permitted by law and with full respect for consumer rights.
- Users are fully liable for any breach of the law or any damage caused by their actions on the Website, in particular by providing false data, disclosing classified information or other secrets protected by law, infringement of personal rights or copyrights and rights related, as well as the processing of Users' personal data contrary to the purposes of the Website or with violation of the provisions of the Personal Data Protection Act.
- The Service Provider undertakes to inform Users in advance about possible disruptions in the functioning of the Website, in particular about interruptions in access.
- The Service Provider is not responsible towards the Service Recipients who are not Consumers:
- for any damage or loss, directly or indirectly (including loss of profits from running the business, business interruption or loss economic information and other damage of a property nature), resulting from use, inability to use or malfunction of the Website's software, damages resulting from the result of the ICT system shutdown or failure, power grid failure,
- due to improper use of the Website by a Service Recipient who is not a Consumer and malfunction of computer hardware, computer software or the communication system through which the Service Recipient connects to the Website system,
- for any damage resulting from errors, failures and interruptions in the functioning of the Website or caused by incorrect writing or reading of data downloaded by the Customers,
- for disruptions in the proper functioning of the Website, as well as loss of data of the Customers who are not Consumers, resulting from force majeure or third parties,
- for actions of third parties inconsistent with generally applicable law or Regulations for the use of data and materials posted on the Website,
- for the inability to log into the Website system caused in particular by: quality connections, failure of the ICT system or power network, incorrect configuration software of Service Recipients who are not Consumers,
- for the consequences of losing your password.
IX. FINAL PROVISIONS
- Agreements concluded through the Website are concluded in accordance with Polish law.
- Changes made to the Regulations of the Website by the Service Provider are binding on the Service Recipient, provided that he was properly informed about the changes and did not terminate the contract for the provision of road services electronically within 14 days from the date of notification of the Customer about the changes by the Website.
- The Service Provider will inform the Service User about the changes by e-mail by sending a notification to contact e-mail address and through a message on the Website.
- In the event of non-compliance of any part of the Regulations with applicable law, instead of of the challenged provision of the Regulations, the relevant provisions of Polish law shall apply.
- Any disputes between the Service Provider and the Service Recipient will be resolved first on through negotiation, with the intention of an amicable settlement of the dispute. However, if that was not possible, or it would be unsatisfactory for either party, disputes will be settled by a court universal competent, in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
- The Service Recipient who is a Consumer also has the right to use extrajudicial methods resolving disputes, in particular by submitting the complaint after the end of the complaint procedure a request to initiate mediation or an application for consideration of a case by an arbitration court (the request may download on the website http://www.uokik.gov.pl/download.php?plik=6223). List of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates The Trade Inspection Authority is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596). The consumer may also use the free assistance of the poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the end of the complaint procedure is free of charge.
- The consumer may, in particular, file a complaint for an amicable settlement of the dispute via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.