ARCHISPACE.PL WEBSITE USE REGULATIONS Definitions 1. Terms and Conditions - the document below which defines the principles of functioning of the ARCHISPACE web portal 2. ARCHISPACE web portal - also "ARCHISPACE", "Portal" or "Service". - a platform operating on the Internet, accessible through a web browser, providing access to libraries of digital versions of building products to support the design process 3. User - a person who decides to download libraries of digital versions of building products made available by the ARCHISPACE portal or to make his/her own digital CAD drawings available after completing the registration form, accepting the terms and conditions and logging in to the portal 4. Consumer - a user who is a natural person making a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity.
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manufacturer - user who is a representative of an enterprise that has decided to make digital versions of its products available to ARCHISPACE portal users. 6. designer - user who, during the registration process on the ARCHISPACE portal, has chosen the registration type "Designer", accepted the Terms and Conditions and logged in to ARCHISPACE portal General provisions 7. The owner of ARCHISPACE Internet portal is Archispace sp. z o. o. with its registered office in Gdańsk, Kartuska 215 Street, NIP: 8992458573, REGON: 932825845, fully paid-up share capital: PLN 250,000.00, registered in the District Court Gdańsk-Północ in Gdańsk, VII Economic Division of the National Court Register, under the KRS number 0000129300, hereinafter also referred to as the Company. 8. ARCHISPACE Internet portal, hereinafter also referred to as "ARCHISPACE", "Portal" or "Website", is maintained at the Internet address www.archispace.pl. 9. The Portal constitutes an IT platform of quickly available and continuously updated information on products, materials and technologies used in the process of design and development of technical documentation of construction investments. ARCHISPACE is intended for manufacturers and designers /architects, designers of building branches/. The basic element of ARCHISPACE is the digitally presented products of manufacturers ready to be used when designing with CAD systems. A typical product is presented by means of three-dimensional models, CAD drawings, detail drawings of construction solutions and technical information, calculations, descriptions and photos - elements necessary during the selection process. 10. Each person who accepts the following conditions of use of ARCHISPACE portal and agrees to comply with them, Archispace Ltd. shall make available the possibility to use ARCHISPACE platform by means of a unique account (login and password). These Regulations shall be binding for each person having an account on the website and each person to whom the account holder has made the account available or has enabled its use - hereinafter referred to as the User. The use of the website is tantamount to the acceptance of the Terms and Conditions. 11. The use of ARCHISPACE website requires the acceptance of cookies by the User's browser. The portal works correctly on the latest versions of Internet browsers: Internet Explorer, Mozilla Firefox, Google Chrome. 12. Archispace sp. z o. o. uses cookies to collect information related to the use of ARCHISPACE website by the User in order to: maintaining the User's session (after logging in), and to adapt the ARCHISPACE portal to the Users' needs. For details of the use of Cookies by the ARCHISPACE portal, please refer to the Privacy Policy Conditions of use of the Archispace platform 13. The use of the ARCHISPACE platform may take the form of the User's participation as a "Producer" or as a "Designer". The creation and use of an account may be free of charge or for a fee. The use of a paid account is additionally subject to a separate execution agreement. 14. The conditions of use of the ARCHISPACE platform are: 1) Acceptance of these Conditions of Use and 2) an execution agreement (applicable to the paid version of the site). 15. Acceptance of the conditions of use of the ARCHISPACE platform takes place by written declaration or by e-mail requesting a login and password, marking the appropriate option during Internet registration, or starting to use ARCHISPACE by means of an electronically granted (or selected) login and password. No later than the moment of starting to use ARCHISPACE by means of the login and password, the User is bound by the rights and obligations described in the Terms and Conditions of use of ARCHISPACE and undertakes to comply with them. 16. The User undertakes not to use or introduce any automated system (including, but not limited to, robots, automatic image downloaders (spiders) or offline reader tools) that access ARCHISPACE in such a way that they send more requests to the ARCHISPACE servers in a given period of time than a human being could send at the same time using a publicly available standard (i.e. unmodified) browser. 17. The user who has registered an account may use all available functionalities of the ARCHISPACE Website, and may post materials that do not violate generally applicable laws, third party rights, including rights on intangible property of third parties, the personal rights of third parties and the rules of social co-existence (materials that are contrary to the nature of functionality of the ARCHISPACE website, where they are placed, materials without subject matter or merit, forum entries or reviews not related to the subject matter of the Portal, materials of promotional or advertising character, including in the form of links to other websites, are deemed to be contrary to the rules of social co-existence.
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The User, upon posting the given Material:
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he/she declares that he/she is entitled to post the given Material on the ARCHISPACE Website, including making it available to an unlimited circle of people; 2) he/she declares that the given Material does not violate the generally applicable law, third party rights, including rights on intangible assets of third parties, personal rights of third parties or principles of social co-existence;
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by posting the given Material on ARCHISPACE Website, he/she grants the Company a licence, unlimited in terms of time and territory, to use the above-mentioned Material by the Company in the activities of ARCHISPACE Website, including, in particular, maintaining it in the resources of the Company's IT system. The User shall not be entitled to any remuneration for granting the above-mentioned licence to the Company; 4) in the case of any claims made by third parties concerning the Material posted by the User on ARCHISPACE Website, the User undertakes to compensate the Company for the loss incurred on that account to the fullest extent permitted by the law, as well as to institute court or out-of-court proceedings on the Company's side at the Company's first request.
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Archispace sp. z o. o. shall be entitled to block the User's account if his/her actions within the ARCHISPACE Website violate generally applicable laws, the rights of third parties (including, in particular, rights in intangible assets), personal rights of third parties, principles of social coexistence or provisions of these Regulations. The User shall be notified about the intention to block the User's account by sending an e-mail to the e-mail address currently registered on the ARCHISPACE Site. Blocking the account shall mean immediate termination of the agreement with the User. 20. Archispace sp. z o. o. shall be entitled to remove from the ARCHISPACE Web site Materials that are against the law, infringe the rights of third parties, personal rights, principles of social coexistence or provisions of these Rules. The User shall be notified about the intention to remove the Materials posted by him/her to the e-mail address currently registered on ARCHISPACE Web site. 21. The User acknowledges that ARCHISPACE Web site does not constitute a tool for recording and storing the Materials and to the fullest extent permitted by law, Archispace sp. z o. o. is not responsible for their loss by the User. 22. Archispace sp. z o. o., in accordance with generally applicable laws, is not obliged to check the Materials posted by Users on ARCHISPACE Web site. If any of the Materials placed on the ARCHISPACE Website violate the generally applicable law, the rights of third parties, the rules of social coexistence or the Rules and Regulations, it is necessary to inform the Company about it by sending information to the address archispace@archispace.pl, indicating the Internet address under which the given Material is available on the ARCHISPACE Website and informing about the violation. In the event that the given Material violates the generally applicable laws, rights of third parties, rules of social coexistence or the Rules of Procedure, the Company shall immediately prevent access to this Material by third parties. Posting of Materials on the ARCHISPACE Portal 23. Posting of text and binary data in the form of texts, photos and CAD files in the ARCHISPACE database is done through a form available within the User's administration panel. By uploading a given product, the User is obliged to mark its features by entering it in an appropriate category. 24. The User uploading a given product ("Project") on ARCHISPACE website retains all copyrights to it. The user has the right to place on the site only those Designs to which he owns copyrights to a sufficient extent. Uploading Projects violating other's copyrights may be the basis for blocking or deleting User's Account. 25. By uploading files or content on ARCHISPACE website, including in particular Projects (hereinafter referred to as the "Projects"), constituting a work as defined by the Act on Copyright and Related Rights of February 4, 1994 (consolidated text in Journal of Laws of 2000, No. 80, item 904 as amended), the User grants Archispace sp. z o.o. a licence in all fields of exploitation provided for by the aforementioned Act, in particular grants the following rights to the works:
1) time-limited, unconditional, free of charge, unlimited as to territory right of distribution in any manner, including lending, rental and lease (the whole or any part), marketing in any form and manner (the whole or any part), including within IT systems, via the Internet or in any other manner, introduction into computer memory (the whole or any part); The provisions of this subsection also apply to modified works, including those modified in terms of the computer format of fixation of the work, 2) the right of introduction into computer memory, the right of public performance, display, reproduction, broadcasting, transmission or rebroadcasting in any medium (including in particular by means of vision and/or sound) and the right of other communication to the public, unlimited in time, unconditional, free of charge, unlimited in territory; The provisions of this subsection shall also apply to modified works, including those modified in terms of the computer format of fixation of the work, 3) the right to publish the works on the ARCHISPACE website without time limitation, unconditional, free of charge, unlimited as to territory, and - for the purpose of promoting and marketing the ARCHISPACE website - on any other website or webpage, as well as in any other medium (including but not limited to television or press) in any form (including but not limited to digital or magnetic recording) on any carriers (including but not limited to optical, magneto-optical or magnetic carriers);
4) unlimited as to time, unconditional, free of charge, unlimited as to territory, right to permanent or temporary reproduction and recording of works and their modified versions (in their entirety or in any part) by any means or techniques, including in particular printing, reprography, optical, magnetic, magneto-optical, digital recording and any other existing and potentially created in the future means or techniques, and in any form, in particular on any type and format of CD-ROMs, DVDs, optical discs, magneto-optical discs, magnetic discs, compact discs and any other existing and potentially future information carriers, 5) the right to grant sub-licences without time limit, unconditional, free of charge, unlimited as to territory within the limits of the rights granted in the Regulations (within the limits of the licences granted).
The User, by placing on the ARCHISPACE website files or content, in particular Projects (hereinafter referred to as works), constituting a work within the meaning of the Act on Copyright and Related Rights of February 4, 1994 (consolidated text in Journal of Laws of 2000, No. 80, item 904 as amended), grants other ARCHISPACE Participants a licence, unlimited as to time and territory, free of charge in all fields of exploitation provided for by the aforementioned Act, to use the works as elements of architectural and building designs. Modification of architectural and construction designs, design, etc. by the Users is permitted only with the consent of the User who uploaded the file to ARCHISPACE, provided that he/she holds the copyright to the extent required. It is also forbidden to dispose of files downloaded from ARCHISPACE for a fee and to remove from the files information about the author and copyright holder, as well as about the manufacturer of the building material that represents the Design Principles of transactions between Archispace users 27. Each Archispace user may, according to the rules described in the section "Placing materials on the ARCHISPACE Portal" of these Terms and Conditions, create a computer catalogue and place graphic works saved in digital format in this catalogue. 28. The user may allow other users to access the catalogue created and managed by him/her and to download files contained therein: 1) in the "freeware" system 2) in the "creditware" system 29. By downloading a file, a licence agreement is concluded between the Creator (the user who uploaded the file to the Archispace space) and the Purchaser (the user who downloaded the file). 30. The principles contained in the Terms and Conditions, point 25.4 shall apply to the licence agreement under which the Purchaser is authorised to use the work in question, with the changes resulting from this point. 31. In the case of enabling downloading, the user himself/herself specifies in "credits" the price of the licence entitling the Purchaser to use the given work ("creditware") or specifies that Archispace users are entitled to use the file on a "freeware" basis. 32. "Credits" are a contractual method of settlement between Archispace users, administered by Archispace sp. z o. o. 33. "Credits" are acquired by the user by making a relevant payment to the bank account of Archispace sp. z o. o. in Gdańsk. A detailed description of the procedure for purchasing "credits" can be found in the "Order additional credits" tab at: www.archispace.pl/kredyty. 34. The price of 1 "credit" payable to the Archispace sp. z o. o. bank account is PLN 1 + VAT. 35. "Credits" may also be purchased by selling the user's own work in exchange for "credits". 36. Another possibility to purchase "credits" is the transfer of credits from the user's percentage card (Archispace sp. z o. o. loyalty programme). The current conversion of percentage points into Archispace "credits" is provided on the page enabling the transfer. 37. Archispace sp. z o. o. administers files in such a way that the system enables downloading of files marked by their owner as "paid" only to persons (users) having a sufficient number of "credits" on their account. 38. Archispace sp. z o. o. administers "credits" by maintaining a database in which the number of "credits" to which a given user is entitled is recorded. The functionality of this database provides for recording the effects of transactions, i.e. a decrease in the number of credits for the licence buyer and an increase in their number for the seller, with the proviso that the seller receives 50% of the credits paid by the buyer, while the remaining "credits" accrue to Archispace sp. z o. o. as the system administrator. as system administrator. The "flow" of credits between the Purchaser and the Creator takes place at the time of the transaction. 39. The user's "credit" history is accessible from the user's home page by selecting the Credits item. Every operation related to "credits" on the ARCHISPACE site is recorded here. The individual operations are displayed as a list. The following columns indicate: Order Date, Number of Credits, Description, Preview. The Order Date field gives the date of the credit-related operation: ordering/purchasing credits, buying drawings. Quantity gives the number of credits that have been realised for each operation. Buying credits is given as a value with a "+" sign and buying drawings as a value with a "-" sign. If credits are ordered with the status "Payment not confirmed", the value of the ordered credits will be given without a sign. The "Description" field describes the credit-related operation performed by the user. The "Preview" icon displays details of the indicated operation. ** ABUSE AND COMPLAINTS** 40. When the graphic presentation of a downloaded drawing is inconsistent with its physical content, the buyer may report an abuse. Abuse is a feature of the ARCHISPACE system that is available for a period of 7 days after the download of the drawing made available for "credits." Any reported abuse is dealt with within 7 working days. Until the abuse is processed, the credit balance of the users involved in the transaction does not change. The history of reported abuses is a list of all abuses associated with an ARCHISPACE user. A detailed description of the operation of the mechanism for reporting abuse is available at www.archispace.pl/kredyty. 41. If Archispace sp. z o. o. considers the report of abuse to be legitimate, the transaction is cancelled, i.e. all credits issued are returned to the Purchaser, while the Credits received are taken away from the Vendor. This operation is then visible in the "credit" History. Each Abuse is considered on a case-by-case basis and may result in the blocking of the Seller's account (and thus the cancellation of all credits held by the Seller). 42. If Archispace sp. z o. o. does not consider the report of Abuse to be legitimate, it shall be deemed null and void and deleted from the system, and the number of credits held by each party to the transaction shall remain unchanged. 43. A user who believes that there has been a malfunction of the Archispace system may submit a complaint to Archispace sp. z o. o. at the following email address: archispace@archispace.pl. In particular, the complaint concerns the "deletion of credits" despite the lack of access to the file and the failure to charge "credits" as payment for the file downloaded by another user. Archispace sp. z o. o. will consider the complaint within 7 working days, whereby the silence of Archispace sp. z o. o. shall be deemed as a refusal to consider the complaint Personal data protection 47. The User agrees to the processing by the Company of the personal data provided by him/her in the process of account registration on the ARCHISPACE Portal and in the process of using this Portal. Provision of personal data by the User is voluntary, however, lack of consent for processing of personal data by the Company may prevent registration in Archispace.pl and use of the Portal. 48. The User declares that the personal data provided by him/her are User's data. 49. Successful creation of an account by the User by pressing the "Send application" button results in automatic consent for: 1) processing of personal data for marketing purposes by Archispace sp. z o. o, Kartuska 215 Street, 80-122 Gdańsk, 2) Archispace sp. z o. o. to share personal data with its business partners, the list of which is available on the ARCHISPACE website at: https://www.archispace.pl/node/3, and for the benefit of PROCAD SA company on the basis of a cooperation agreement. 3) use of telecommunications terminal equipment and automatic calling systems for direct marketing purposes in accordance with Article 172 of the Telecommunications Act of 16 July 2004, 4) sending commercial information by means of electronic communication within the meaning of the Act of 18 July 2002 on electronic provision of services. 50. The administrator of the personal data is Archispace sp. z o. o, ul. Kartuska 215, 80-122 Gdańsk, registered in the National Court Register under no. 0000129300. 51. The Administrator collects and processes the following personal data of the Users provided during the Portal registration process by means of the Portal and other forms of communication: name and surname, residential address, e-mail address, telephone number, company name, tax identification number (NIP), REGON number, name and surname of contact persons and their positions; e-mail addresses, telephone numbers, address (street, house number, apartment number, postal code, town, country), bank account number (for billing purposes). The Administrator undertakes to endeavour to maintain proper security of the Customer's personal data. Detailed information can be found in the Privacy Policy. 52. The Administrator processes personal data on the basis of: 1) Article 6(1)(c) RODO in relation to the provisions of generally applicable law, 2) Article 6(1)(b) RODO, i.e. the contract with the contractor, 3) Article 6(1)(a) RODO, i.e. on the basis of the data subject's consent, 4) Article 6(1)(f) RODO. 53. Personal data may be processed in order to comply with legal obligations incumbent on the Controller, to perform a contract to which the data subject is a party or to take action at the request of the data subject prior to entering into a contract, to perform a task to which the individual has given his/her consent or in order to fulfil a justified interest of the Controller. 54. Recipients of personal data may be public authorities and entities performing public tasks or acting on commission of public authorities, to the extent and for the purposes that result from the provisions of generally applicable law, and other entities that process personal data on the basis of personal data processing entrustment agreements signed with the Administrator. 55. Personal data shall be stored for the duration of the agreement (having an account on Archispace.pl website), for the purpose of maintaining the User's account, performance of the agreement, contact related to the performance of the agreement, as well as after the end of the agreement for the purpose of pursuing claims related to the performance of the agreement, performance of obligations under the law, including in particular tax and accounting obligations, and for statistical and archiving purposes. The administrator reserves the right, throughout the term of the contract, to carry out marketing activities by means of electronic communication and telecommunications terminal equipment and automatic calling systems. Deletion of your Archispace account will result in the discontinuation of marketing activities, unless you give further consent to the processing of your data for the indicated purpose to the following address: archispace@archispace.pl. 56. In relation to the processing of your personal data, you have the following rights: 1) the right to access your personal data, including the right to obtain a copy of such data, 2) the right to request the rectification (amendment) of your personal data, 3) the right to request the erasure of your personal data (the so-called right to be forgotten), 4) the right to request the restriction of the processing of your personal data, 5) the right to data portability, 6) the right to object to the processing of your data, 57. to the extent specified in the RODO. Requests regarding the processing of personal data can be made by email to archispace@archispace.pl. Detailed information can be found in the Privacy Policy. 58. If you become aware of any unlawful processing of your personal data by the Administrator, you have the right to lodge a complaint to the President of the Office for Personal Data Protection, 2 Stawki Street, 00-193 Warsaw. 59. If the processing of personal data is based on a person's consent to the processing of personal data (Article 6(1)(a) RODO), you have the right to withdraw this consent at any time. This withdrawal does not affect the compatibility of the processing carried out on the basis of consent before its withdrawal. Where the processing of personal data takes place on the basis of the data subject's consent, the provision of your personal data to the Administrator by you is voluntary. Providing your personal data is obligatory in the situation when the prerequisite for the processing of personal data is a provision of law or a contract concluded between the parties. 60. Personal data may be transferred to a third country. 61. Your data may be processed in an automated manner, including profiling. Responsibility 62. None of the ARCHISPACE Users shall lay claims to Archispace sp. z o.o. on account of the works posted on the website, their usefulness, safety, etc. Users acknowledge and accept that Archispace sp. z o. o. provides only a platform for the exchange of information and presentation of products and has no influence on their content. Archispace sp. z o. o.'s only commitment regarding content is that Archispace sp. z o. o. undertakes to block, for 72 hours, access to any product or work about which a third party files an objection declaring that it infringes its copyright. After 72 hours, access will be resumed, unless the third party referred to above presents a Court order prohibiting distribution of the work or another document credibly proving their case, which will be acknowledged by Archispace sp. z o. o. The above provision establishes the entirety of Archispace sp. z o. o.'s obligations in the aforementioned respect and neither party shall lay claim to Archispace sp. z o. o. in relation to the aforementioned actions or decisions of Archispace sp. z o. o. 63. Archispace sp. z o. o. undertakes to ensure the highest quality of the services provided, however, it shall not be liable for any disruptions in the functioning of ARCHISPACE caused by circumstances beyond its reasonable control, even if they would result in the loss of data on the Users' accounts. In particular, Archispace sp. z o. o. shall not be held liable for the temporary inability of the Users to use ARCHISPACE resulting from changes and improvements in the IT or hardware system. The Users will be informed, as far as possible, about the technical interruptions and their duration. In particular, Archispace sp. z o. o. shall not be liable for: 1) the content published by the Users on the Website, 2) the proper operation of the Website functions, 3) the consequences of improper use of the Website by its Users, 4) the loss of content posted by the User and any possible material damage resulting therefrom, 5) the User's damage resulting from third parties gaining possession of access data to the User's Account.
64 Archispace sp. z o. o. reserves the right to remove content that is prohibited by law, vulgar, offensive or otherwise violates the rules of social intercourse. The user posting or distributing content that is vulgar, offensive or otherwise prohibited may bear criminal and civil liability towards Archispace sp. z o. o. or other users. 65. Archispace sp. z o. o. reserves the right to block the account of a user whose actions it considers harmful to the ARCHISPACE website or other users. Archispace sp. z o. o. also has the right to block access to ARCHISPACE for the User who violates any of the provisions of these Regulations. 66. Archispace sp. z o. o. informs that logins on the website are registered together with the IP address from which they were made. Archispace sp. z o. o. informs that each time Archispace sp. z o. o. receives a request from an authorised state authority appointed to detect, prevent or prosecute a crime, Archispace sp. z o. o. will make available to such authorities the relevant data related to the operation of the service, including data concerning the IP address of the user who posted the content or otherwise used the service. Archispace sp. z o. o. assures that it acts in this respect only in compliance with the relevant legal regulations obliging it to provide such data. Contract termination 67. Any User may discontinue the use of ARCHISPACE and remove all products and works posted by them by contacting Archispace sp. z o. o. in writing. 68. Consumers have the right to withdraw from the contract in writing within 14 days of its conclusion, but withdrawal from the contract will not be possible with respect to a contract:
1) in which the object of performance is a service performed to the consumer's specifications or serving to satisfy his/her individualised needs; 2) the provision of services, if the Company has performed the service in full with the express consent of the consumer, who was informed before the performance started that after the performance by the Company, he/she will lose the right to withdraw from the contract;
3) the supply of files and digital content which are not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiry of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
- in the event of deletion of the User's account and files (works) uploaded by him, the licence granted to Archispace sp. z o. o. for their distribution shall remain in force with respect to the User's data and his projects uploaded by Archispace sp. z o. o. on permanent media (CD, DVD, Blue-ray, etc.) distributed (or prepared for distribution) as an element of marketing and promotion of the ARCHISPACE portal. 70. For evidential purposes, the data deleted by the user is stored in the system for 1 year, in a manner invisible to other users. FINAL PROVISIONS 71. These Terms and Conditions are effective as of 01.12.2022. 72. Archispace sp. z o. o. reserves the right to amend these Terms and Conditions without stating reasons, while the current version of the Terms and Conditions is available at www.archispace.pl/regulamin. All changes to the Regulations shall enter into force on the date of their publication at www.archispace.pl/regulamin. 73. Users will be informed about changes to the Regulations through the message box (an integral part of each user account). 74. The Company makes every effort to ensure that the services provided on the ARCHISPACE Portal are of the highest quality, however, the Company does not exclude the possibility of temporary suspension of the Portal's availability in case of the need to carry out maintenance, inspection, equipment replacement or in connection with the need to upgrade or expand the Portal. 75. In other respects, the rights and obligations of the contractual parties shall be governed by Polish law. Any disputes arising from the Agreement shall be settled by the courts of Poland having jurisdiction under the law. The Court in Gdańsk will be competent to settle disputes.