Terms & Conditions
§ 1. Definitions
- Administrator – Julia Kołodko-Langer, running a non-agricultural business activity under the name Onion Brains by Julia Kołodko-Langer at the address Chełmska 9/164 Street, 00-724 Warszawa, holder of the NIP (TIN) 1230979092.
- Blog – part of the Website available at the address http://juliakolodko.com/read which covers the contents provided by the Administrator and permits their commenting by Users.
- Website – website available at the address http://juliakolodko.com, including subpages;
- Terms and Conditions – these terms and conditions for the provision of services by electronic means.
- Contract – contract for the provision of services by electronic means, concluded between the Administrator and User as of the commencement of use of Services.
- Services – all services provided by electronic means, free of charge, by the Administrator through the Website.
- User – a natural person who attained at least the age of 16, legal person or organizational unit without legal personality that commenced the use of Services and, in the same way, concluded a Contract with the Administrator.
§ 2. General and Technical Terms
- These Terms and Conditions specify the terms of providing Services and the scope and conditions of the transactions made on the Website and all its subpages, including technical conditions for the provision of services by electronic means and the terms of concluding and terminating contracts for the provision of services, as well as the complaint procedure.
- The owner and administrator of the Website is the Administrator. Economic copyrights in the Website, to the extent they do not cover any objects of third-party intellectual property, are entirely held by the Administrator.
- Considering the constant development of services, the Administrator reserves the possibility to change the Website’s functionality by introducing additional functions, services, subpages or by removing the existing ones, and to change the technical methods of rendering Services without the need to supersede the Terms and Conditions unless the scope of amendments justifies implementation of a new version of the Terms and Conditions.
- The use of the Website is voluntary and free of charge for every User. The use of the Website implies the expression of consent to these Terms and Conditions. Every User shall be obliged to comply with the Terms and Conditions as of the start of the activities leading to the use of Services offered by the Website with special emphasis on the commencement of data transfer.
- The Website is run in the Republic of Poland, through the website http://juliakolodko.com, including all subpages. The Administrator reserves the possibility to have maintenance breaks in the operation of the Website.
- The Administrator shall not be liable for any acts or omissions of Users, in particular, for non-performance or undue performance of the obligations under a concluded contract for the provision of services, and for the consequences of violating provisions of these Terms and Conditions, and for the deprivation of any User rights by third parties in case of the User’s exclusive fault for the circumstances directly leading to such deprivation.
- The Administrator shall ensure technical support of the Website.
- The Customer shall be obliged:
- Not to submit or provide contents forbidden by legal provisions, e.g., contents promoting violence, slanderous or violating personal interests or other third-party rights.
- To use the Website in a manner which does not disturb its operation, in particular, by use of certain software or devices.
- Not to take actions such as distribution or publication via or on the Website of unsolicited commercial communications (spam).
- To use the Website in a manner which is not burdensome to other Users or the Administrator.
- To use all contents published on the Website only for the User’s personal use.
- To use the Website in compliance with the provisions of law applicable in the Republic of Poland, provisions of these Terms and Conditions and general principles of etiquette.
- The Blog may be viewed by all Website Users.
- Exchange of information within the Blog is possible by comments attached to specific entries (posts) made on the Blog by the Administrator.
- Commenting of the entries is available only to Users who have an account on the social networking site Facebook and a valid session after logging in to that site.
- Blog Users, when posting comments, should formulate their thoughts concisely and clearly, avoid spelling mistakes and use abbreviations and alternative word forms only where they are common and generally known.
- The Administrators shall have the right to review the contents of comments, modify them or even remove if, in their opinion, they do not meet the standards and conditions set out in the Terms and Conditions.
- Private or confidential matters should be referred by the User directly to the Administrator through the contact form.
- Blog Users publish their comments and opinions exclusively on their own responsibility. The Administrator shall not be liable for any contents posted by Users on the Blog.
- It shall be inadmissible for Users to post on the Blog any contents which are contrary to the law, offensive, inciting racial, religious, ethnic hatred or promoting violence in the real or virtual world.
- It shall be inadmissible for Users to post on the Blog any contents which are generally considered morally reprehensible or unethical, contents socially inappropriate, slanderous or intentionally offensive with the intention to start an argument or cause general indignation (so-called trolling).
- It shall also be inadmissible for Users to post on the Blog any commercial communications, especially for advertising purposes.
- The Administrators reserve the right to remove contents mentioned above and the right to block the possibility to comment on the Blog in relation to Users notoriously violating provisions of the Terms and Conditions. The Administrators may also deliver Blog User’s data in their possession to courts, the Prosecutor’s Office, Police, and other competent law enforcement authorities or public administration for the purposes of the proceedings held by such authorities or to procure commencement of such proceedings.
- Activities of Blog administration and supervision over the contents published in the comments may be entrusted by the Administrator to persons appointed by herself (hereinafter referred to as “Moderators”). Moderators shall have special privileges, in particular, permitting changes to the contents or removal of comments, as well as blocking, unblocking, moving, removing and splitting threads on the Blog, for the purpose of ensuring compliance by Blog Users with the Terms and Conditions and generally applicable standards and legal provisions.
- The possibility to post comments on the Blog is facilitated through the external service Facebook Comments provided by an external entity – Facebook, Inc. Blog Users shall be obliged to comply also with separate terms and conditions of that service and the Facebook website.
- Users shall have the right to use the complaint procedure as a part of which they may report their objections concerning Services, especially the operation of the Website.
- A complaint may be submitted in the electronic form to the email address firstname.lastname@example.org or in writing to the Administrator’s address indicated at the beginning of these Terms and Conditions.
- Complaints should include at least full name, e-mail address and description of the reported objections and, as far as possible, also photographic documentation. If the data or information provided in the complaint require supplementation, before processing the complaint, the Administrator shall request the complainant to supplement the complaint in a specified range.
- The Administrator shall process the complaint within 30 days of the date of its receipt.
- Response to the complaint shall be sent through the same channel as the complaint itself unless the User reserved that the answer should be sent in another form.
- If the complaint includes claims for which the Administrator is not liable, the Administrator shall promptly refer the complaint to the proper entity.
- The Controller of User’s personal data is the Administrator. The Administrator reserves the right to deliver the personal data of Users to other entities for the purpose of performing the Contract.
- The Administrator represents that Users’ personal data are processed according to the applicable legislation, including in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”).
- The Administrator shall not be liable in respect of inappropriate use of the Website by Users.
- The Administrator shall not be liable for any damage caused by incorrect use, inability to use or defective operation of the Website by reason of force majeure, User’s fault or other reasons independent of the Administrator.
- The Administrator shall not be liable in any way whatsoever for the provision of false or incorrect data by Users.
§7. Final Provisions
- Any amendments to the Terms and Conditions shall be made by the Administrator by the publication of their current version on the Website.
- In the event of a dispute, the Administrator and Customer shall first seek to settle it amicably, including with the use of the EU ODR platform.
- These Terms and Conditions shall be effective as of August 1st, 2019.