REGULATIONS OF INTERNET PORTAL WWW.MILLIONYOU.COM
General Provisions
1.MillionYou Sp. z oo (Warsaw, 02-594, ul.Bruna lok.28 9) is the owner (hereinafter referred to as "MillionYou") of the web site www.millionyou.com (hereinafter "the Service"), under which offers the users:
a. The ability to view the content of the Service, with the Artworks, placed in the Service by other users,
b. the ability to upload the Artworks (files) and next to place them on the Service’s Site,
c. The ability to add the descriptions to the uploaded Artworks within owns profile.
d. The ability to speak out in the Service, in the form of the comments, as guaranteed by MillionYou functionality.
e. The ability to post the links in the Internet to the content located in the Service and ability of sending and popularizing links by means of communication’ tools (for example: e-mail, P2P tools). This provision does not infringe the content of paragraph 32
2. By using the Service you agree to the following Terms and Conditions (hereinafter "the Regulations").
3.Throughout present Regulations the following terms shall have the meanings listed:
a. Registration Form - questionnaire, which fulfills the User during the registration process.
b. Password - A series of characters that provides access to the account only for the User, the owner of the account.
c. Login - User ID determined individually during the registration process.
d. Log – confirmation of the identity of the registered User by entering the username and Password.
e. Law – Polish ACT of 4 February 1994 ON COPYRIGHT AND RELATED RIGHTS with changes.
f. Artwork - Video (file), comment, or content or other creative activities in the Service, being artwork as defined in the Law.
g. User - a person, who uses the Service, sends the files to the MillionYou and posts the content on the Site, including descriptions, comments.
h. Registered User - a user who has completed a registration form and at the same time entered into agreement with MillionYou, with access to broader content of the Service
i. User Profile - a standard set of data provided by the user during the registration process.
4. All copyrights to the Service, including to the Artworks which MillionYou received licenses and approval in accordance with the Regulations, in particular to the logo of MillionYou, the layout of MillionYou, the actions taken within the Service, to the content appearing in the Service, shall be vested exclusively MillionYou.
Conditions of Use
5. Use of the Service is a free and service is available for each Internet User. With the use of the Service should not be any compensation to User, in particular, should not be a consideration for granting the required approvals and licenses, in accordance with the Regulations.
6. Through its accession to the use of the Service User acknowledges and accepts the terms of these Regulations.
7. The use of some resources requires logging to the Service.
8. User Registration includes:
a. familiarization and acceptance the terms of the Regulations,
b. The correct filling of the Registration Form,
c. sending it to MillionYou
9. User gets full access to the Service after the registration process is finished and is Logged on to the Service.
10. Registered User may at any time modify the data contained in the User Profile
11. Completing the Registration Form and providing personal information is voluntary.
12. By submitting a Registration Form User confirms the authenticity of the data with the facts and agrees with the terms of the present Regulations, accepting its binding role.
13. MillionYou reserves the right to refuse the User registration.
14. Refusal to register the User effects blocking the User’s access to the Service, with the exception of common accessible areas.
15. MillionYou undertakes to use the data submitted by the User solely for the purpose for which they were made available and not to disclose them to third parties, unless the prevailing law provides otherwise.
16. Notwithstanding the foregoing, the User agrees to provide the above information MillionYou entities cooperating with MillionYou in order to properly access the Service. À-vis those provisions apply mutatis mutandis pkt.15.
17. The User may unsubscribe from the database of the Service Users, sending an e-mail to admin [@] millionyou [.] com with relevant information. After verifying the veracity of the mail the User is deregistrated from the Service Users database. Deregistration will be equivalent to the irreversible removal of Login and User Profile. Removing the Login will not cause the withdrawal of licenses and permits provided MillionYou accordance with the Regulations
18. By sending the Artwork to the MillionYou the User states that he is the Owner of the Copyright, in particular the owner of author's Economic Rights, enabling the placement of the Artwork in the Service and that he is entitled to transfer MillionYou all required licenses and approvals referred to present Regulations.
19. Action contrary to paragraph 18 will be equivalent to the action in violation of the principle of common law, for which the User will be solely responsible.
20. In the case of referral to the MillionYou claims by third parties arising from:
a. violation of their copyrights to the Artwork sent by the User, as a result of the Artwork sent to MillionYou MillionYou or licenses sent and approvals referred to the Regulations
b. infringements of third parties as a result of posting the comments and other content in the Service.
MillionYou will refer these claims against the person who sent the file or posted the content, and that person is obliged to immediately take action to clarify the situation and commits itself to meet the cost of any third party claims for infringement of their rights (including copyright property to the Artwork). In case where MillionYou met the claims of third parties, the User will be required to pay any claims covered by MillionYou, including attorneys' fees.
21. MillionYou shall promptly inform the person who sent the Artwork about sending the third-party claims to the Artwork, as well as inform the person who is the author of the content placed on the portal about sending a third-party claims arising from violations of their rights.
22. Registered User shall be entitled to manage its Artwork added and the content placed by the User in the Service, referring to the functionality provided in the Service. Removal of the Artwork will not be synonymous with the removal of the Artwork out of the Service. The Artwork will be able to continue to be available in the Service, as well as to the Artwork will apply all the licenses and permission to allow use of Artwork in accordance with the Regulations.
User obligations
23. User by sending an Artwork to MillionYou, regardless of the subsequent publication of the Artwork in the Service, by posting a comment, or content, regardless of the subsequent editing of the comment and the content, or making any other creative activities in the Service (then called Artwork) defined as Artwork in the Law, dispenses a royalty-free, irrevocable, territorially and temporarily unlimited license for MillionYou to use any copyright rights, including Author's Economic Rights, including the following fields of operation:
a. the recording and reproduction - the production of a specific technique of copies of the Artwork, including the technique of printing, reprographic, magnetic recording and digital technique,
b. in the field of the trade of the original or the copies on which the Artwork was recorded - marketing, lending or rental of the original or copies,
c. the dissemination of the Artwork in a manner other than specified in point b - a public performance, exhibition, display, broadcasting and re-broadcasting, as well as the publicity of the Artwork in such a way that everyone can have access to it in a place and time of his own selected.
24. MillionYou is entitled to perform its own translations, free of charge modifications and adaptations of the Artwork. On the changed compositions stemmed from the original Artwork MillionYou shall not be obliged to publish the title, as well as the name or surname or Login of the User as the author of the original Artwork.
25. The User agrees MillionYou to use the Artwork, its parts, and compositions and executing of the derivative rights to all Artworks, their parts and compositions, in accordance with the Law.
26. User agrees not to execute the Author's Moral Rights of the Artwork in scope of:
a. The supervision of the use of the Artwork,
b. The marking the Artwork of its name, pseudonym or nickname,
c. The integrity of the content and form of the Artwork,
d. deciding of the first audience release of the Artwork.
27. User dispenses royalty-free, irrevocable, unrestricted territorially and temporarily permission for MillionYou to use the right to sublicense further the rights that MilionYou has owned.
28. By submitting the Artwork to MillionYou, posting a comment, or content, you authorize MillionYou to take the following actions:
a. Saving the Artwork in the computer memory,
b. The digital processing of the Artwork in order to adapt to the requirements of the Service,
c. Free of charge publishing and distributing of the Artwork.
29. Licenses and approvals submitted to MillionYou are territorially and temporally unlimited, which means that after the removal of Login all licenses and permission received by MillionYou accordance with the Regulations shall apply indefinitely without possibility of appealing.
30. The provisions of paragraphs 23 to 29 relate to the entire Artwork, as well as any part of it, as well as compositions that may arise in the future.
31. When using the Service User agree to follow the character of the Service. Primarily User agrees to:
a. use the information gained in the Service to expand the skills of preparing audiovisual works;
b. respect the provisions of the Regulations
c. does not violate any applicable laws of universal morality,
d. not to use the information provided by the Service for any purpose inconsistent with general law,
32. If the User has not obtained the express consent of MillionYou, the User agree not to:
a. modify,
b. sell,
c. license,
d. rent,
e. copy,
f. send,
g. disseminate, otherwise than specified in point 1 e,
h. publicly expose, otherwise than specified in point 1 e,
i. publicly display outside the Service, or in such a way that the Service will be distorted,
j. publish,
k. create derivative works, including an imitative ones, of Artworks or the content available via the Service.
33. User may not use the Service, in particular the functionality available to users in the Service, to:
a. carrying out promotional or marketing activities - of any products or services, including spamming,
b. misleading the facts about the User
c. violating of honor and dignity and other rights of third parties,
d. carrying out any other activities that may be considered by MillionYou as incompatible with good principles, the Regulations or the general law.
34. Action inconsistent with the pointed regulations creates liability and the User shall compensate for injury in general terms.
35. If the User’s action is contrary to the provisions of current law, MillionYou will inform the appropriate law enforcement authorities.
36. In compliance with the contents of paragraphs 4, the User has the right to use the materials and content available in Service for the upgrading of skills in the preparation of films, not having any connection with the business.
37. The User agrees not to use the MillionYou’s logo and MillionYou’s Service without MillionYou’s written permission.
38. The User is obliged to inform MillionYou about changes in data provided MillionYou during registration.
39. The User is obliged to protect its Password in such a way that nobody but the User does have access to the account of the User. User who owns the account (Login) is responsible for all activities that violate provisions of the Regulations made with the use of the account.
40. User agrees to immediately notify MillionYou of any action in breach of good manners, the Regulations and the rules of ordinary law made by other Users.
41. If the infringement mentioned in paragraph 40 relates to copyright infringement, the User is required to:
a. describe in the mail the situation in which there was a violate of copyright,
b. send by mail a scanned document comprising:
1. statement that it has the copyright to the Artwork or part of the Artwork,
2. Indication of possessory title of copyright to the Artwork or part of the Artwork,
3. accompanied documents proving legal title to the Artwork or part of the Artwork,
4. contact information needed to clarify the situation.
Disclaimer
42. The information contained in the Service has a general nature. MillionYou is not responsible for the consequences of the decision taken on that base.
43. Use of the Service is solely for User's own risk and cost associated with the connection with the Service. MillionYou does not guarantee uninterrupted and error-free access to the Service and does not guarantee that the result of the search and obtained information will meet the User expectations, as to their substantive content and usefulness.
44. MillionYou reserves the right to unilateral editing of the content of the Service, including the removal of Artwork posted by the User.
45. The information contained in the Service does not constitute an advertisement of any of the items listed therein.
46. MillionYou is not responsible for the content of Artworks, including audiovisual works (films), comments, information, feedback, distributed by the Users inside the Service, and for damages resulting from events beyond the control of MillionYou, in particular the infringement of third party rights by Users and regulations universally applicable.
47. MillionYou is not responsible for the consequences of disclosure the Password and Login to third parties, for whatever was the reason to disclose.
48. The User is solely responsible for the content of posted information through the Service (including through the use of audiovisual works, comments, opinions).
49. User is not entitled to any claims arising from the removal of any Artwork which was poster by the User or the removal of the account, or interruptions in Service’s operation, or lack of smooth operation of the portal and other activities of MillionYou which relate to the Service, and effects directly or indirectly the User.
50. MillionYou is not responsible to Users for the delivery of spam through the Service, after reporting the receipt of spam to MillionYou, MillionYou shall exercise reasonable due diligence to avoid the adverse effects of the Service.
51. MillionYou indicates that for every request of the Court or authorized law enforcement authorities will provide all the information held about the User, including IP addresses from which the User performed the User logon to the Service.
52. Given the public nature of the Service, with unlimited and free access to the content contained within the Service MillionYou does not guarantee maintain the confidentiality of materials sent to MillionYou.
Processing of personal data
53. By registering into the Service, the User provides the data necessary to create an account and use of the Service.
54. Submitting the Registrations Form into MillionYou is tantamount with granting permission by the User to process the data contained therein.
55. Personal information collected are administered by MillionYou or entity acting on behalf of MillionYou and may be shared with entities authorized by prevailing law, inter alia, transferring data from one type of source to another, etc.
56. Personal data contained in the Registration Form is processed to the necessary extent, in accordance with Polish law, in particular, in accordance with the Law on Personal Data Protection dated 29 August 1997 (Journal of Laws No. 133, item. 883, as amended.)
57. The User has the right of access to data concerning the User and the right to correct them.
58. By registering into the Service, the User accepts present Regulations, consenting to the use by MillionYou its data, including marketing and promotional purposes.
59. Withdrawal of consent referred to in paragraph. 58 User can accomplish by unregistering a database of Service Users, in accordance with paragraph 17
Final Provisions
60. The provisions of these Terms shall be interpreted and applied under the provisions of the law.
61. The content of these Terms is the base for the entire agreement between the parties.
62. Operator reserves the right to revise these Terms at any time. The use of the service is tantamount to accepting all the changes in the Regulations. Therefore, the User is obliged to monitor regularly the contents of these Terms, in the event of any changes.
63. Present Regulations shall enter into force on the date its publicity in the Service . Regulations may be amended by a decision of the Operator. The revised rules take effect on the inclusion of it in the Service.
64. MillionYou reserves the right to delete User in the event of breach of the provisions of applicable law or present Regulations.
65. Removing the User effects blocking the User’s access to the Service, with the exception of common accessible areas.
Deleting Accounts will not cause the withdrawal of licenses and permits provided to MillionYou accordance with the Regulations.
66. User Rights and obligations are not transferable to any third party without the prior MillionYou ‘s written consent.
67. Any dispute arising in connection with the operation of the Service shall be settled by a Registered User and MillionYou in an amicable way.
68. Regulations available from 6 February 2008 on Service’s site.
By selecting "Register" in the Application Form (for the content of) the User confirms in a binding manner that is familiar with the Terms of the Regulations , agrees to and accepts the Terms and content of the above Regulations and confirms the truth of his statements.