Socialman

Easy tool for setting up social media campaigns

Socialman: A Giveaway App

Terms and Conditions

I. Definitions

1. The terms used in these Terms and Conditions shall have the following meaning:

Site - the website available at socialman.net (and also at socialman.eu, socialman.pl) administered by the Operator and used by the Operator to provide the User with the services subject to the regulations specified in these Terms and Conditions.

User - a natural person with full capacity for acts in law, a legal person or an organisation unit with capacity for acts in law that uses the Site; a natural person with limited capacity for acts in law can also be the User if they obtain the consent given by the statutory representative; the Operator shall not be liable for the acts or the effects of the acts performed by the persons referred to in the preceding sentence if they act without the consent given by their statutory representative.

Account - the separated space made available to the User on the Site where the User may post the User’s Materials.

User’s Materials - any data and content posted on the Site, particularly text, pictures, graphics, files and other materials permitted under the regulations stipulated in these Terms and Conditions, including also the Giveaways organised by the User.

Giveaways – promotional, marketing or information campaigns in which the Users participate and which are set up, managed and administered by the Users with the tools offered on the Site.

Giveaway Entry - the separated space made available to the User on the Site linked to a specific Giveaway which allows the User to participate in the Giveaway, in particular to collect the points within the Giveaway.

Social Media – websites which are administered by the third parties, with the features of such websites made available on the Site in a limited scope, used to manage the Users’ Giveaways and present other content of the Site, including the Users’ Materials.

Terms and Conditions - these Terms and Conditions.

Subscription Fee – the payment due to the Operator for the provision of electronic services within the Site.

Subscription - the User’s statement of will to conclude the agreement concerning the provision of electronic services through registering and keeping the Account on the Site; the submission of Subscription shall be effected through registering the Account on the Site, choosing the type of Subscription and paying for it.

Newsletter – the service based on subscribing and receiving electronic messages sent by the Operator to the e-mail address given by the User.

Operator – RED, with its registered office at the following address: ul. Pomorska 55/27, 50-217 Wrocław, Tax ID: PL8971636213, Company Number: 932847692.

 

II. Type and scope of services

1. The Operator shall provide the User with the services via electronic means - that is through the Site - which make it possible for the User to:

a) have access to the materials posted on the Site by the Operator,

b) register and keep the Account on the Site,

c) organise Giveaways, of which to post the User’s Materials on the Site and to publish them on other websites, including also in Social Media Channels,

d) collect data, generate analytics and make available the data from such analytics to the Users,

e) enter the Giveaways,

f) have access to the User’s Materials posted on the Site by other Users,

g) receive the Newsletter.

2. The Operator reserves the right to make the access to selected services conditional on registration of the Account on the Site.

3. The Operator reserves the right to change the existing features of the Site at any time, particularly through expanding and adding new features.

4. The Operator reserves the right to temporarily suspend the provision of services via the Site if it is necessary for technical reasons, including the maintenance, modification, update, tests, change of software or repairs, without prior notification to the User.

5. The Operator reserves the right to restrict or completely remove specific services on the Site, particularly in the case of change of technical conditions affecting further possibilities of their provision, in order to ensure the compliance of the provided services with the terms, conditions and requirements of Social Media operators and in other cases if it is necessitated by a significant interest of the third parties.

 

III. Technical requirements

1. The technical conditions for the correct use of the services on the Site by the Users shall be as follows:

a) having the connection to the Internet,

b) having the hardware that allows the use of the Internet resources,

c) using a Web browser with enabled JavaScript and enabled cookies,

d) having an active e-mail account.

2. The User shall cover the costs of the User’s connection to the Internet, hardware necessary to use the Internet, and software necessary to use the Internet and services offered by the Site.

 

IV. User’s obligations

1. When using the Site, the User is particularly obliged to:

a) refrain from any activities which may hinder the operation of the Site and which may result in the loss of reputation or good image of the Site or the Operator,

b) respect and observe the copyrights and the rights arising from the registration of inventions, patents, trademarks, utility and industrial models of the Operator, Users, and other entities,

c) refrain from any activities which may invade other Users’ privacy and damage such Users’ resources posted on the Site, in particular from collecting and processing other Users’ data,

d) refrain from any activities which spread propaganda or symbols of the organisations which are recognised as violating the Constitution or the law of the Republic of Poland;

e) refrain from any activities prohibited under the law of the Republic of Poland and in the country of the User’s place of residence or registered office, and also in the country where the User manages the Giveaways organised on the Site,

f) refrain from using any computer codes, programs or scripts used to automate the processes or interfere with the processes on the Site, of which from using any viruses and bots,

g) refrain from undertaking any activities which may expose the Operator to legal liability or cause damage to the Operator.

2. If the User violates the responsibilities referred to in point 1, the Operator may immediately disable or remove the User’s Account. The Operator reserves the right to refuse the access to the User’s Materials when it is found that their content is illegal, or when an official notification of its illegal nature is received, or when a reliable information of illegal nature of such content is obtained.

3. The User agrees that the Operator’s or other entities’ advertising materials are posted on the Site by the Operator or other entities and that such materials constitute an integral part of the Site.

 

V. Account

1. The User may keep only one Account on the Site.

2. In order to register the Account, the User shall fill in the registration form with the User’s first name, surname and e-mail address. If the User intends to organise Giveaways, the User shall provide the following additional data: address, zip code, place and country of residence or of registered office, and when the User runs business activity - also the business name and Tax ID in the country of residence or of registered office.

3. When registering the Account, the User represents that the User has full capacity for acts in law, or alternatively represents that the User has limited capacity for acts in law and has obtained the consent given by the statutory representative to perform such act.

4. The User shall not give any untrue data in the Account registration form. The User shall be solely liable that the data given by the User in the Account registration form is true.

5. The Account may be removed at the User’s request through sending a relevant message in the User’s dashboard. The removal of the Account shall mean that the User’s personal data is removed and the User cannot use the Account any more. The removal of the Account does not cause the removal of the User’s Materials. The User’s Materials which have not been removed as well as the data and analytics concerning the Giveaways organised by the User are kept on the Site.

 

VI. User’s Materials

1. The fact of posting any User’s Materials on the Site means that they are made public in the Internet.

2. The User’s Materials constitute public information which may be made public on the Site. Particularly, it can be made available to the persons using the Internet and may be indexed by Web browsers, and the User is aware of the foregoing and agrees to it.

3. The User shall not post such User’s Materials on the Site whose content violates the law, as well as infringes - in any way - the applicable social and moral norms and the rules of Netiquette. In particular, the User shall not post the User’s Materials which promote hatred based on race, ethnic group, religion, include pornographic content and/or content promoting Fascism, Nazism, Communism, promote violence, offend religious feelings, include obscene and vulgar content and/or content generally viewed as morally reprehensible, socially improper and violating the rules of Netiquette.

4. The User shall not post the User’s Materials on the Site which are text, graphic or sound materials violating proprietary rights and/or the property of the third parties.

The User represents that the User shall be fully and exclusively liable for any and all User’s Materials published on the Site or made available on the site in any other way. The Operator shall not be liable for the content of the User’s Materials posted on the Site.

 

VII. Licence

1. Upon posting the User’s Materials on the Site, the User grants a free licence which is unlimited in space and time for the use of such User’s Materials by the Operator in the following areas of use:

a) recording with any technology (in any system, format and on any carrier), including printed forms, photographic plates, magnetic tapes, digital forms,

a) reproducing with any technology (in any system, format and on any carrier), including printed forms, photographic plates, magnetic tapes, digital forms,

c) marketing,

d) storing in computer memory, computer and/or multimedia networks, databases,

e) making the User’s Materials available to the public in such a way that anyone may have access to works and subject matters of related rights in place and at time selected by them, and also within any ICT services, with the use of any systems and devices,

f) performing in public,

g) showing in public,

f) exhibiting,

i) screening,

j) lending and/or leasing,

k) broadcasting and rebroadcasting with the use of visual or sound media both analogue and digital ones (coded or uncoded, paid or free of charge, in any system, format or technology).

 

VIII. Giveaways

1. The Site Operator shall provide the User with the access to the tools and services used to set up and hold Giveaways.

2. The Giveaways may be published by the Users on other websites, including the Social Media channels.

3. The User that sets up a given Giveaway shall be fully and exclusively liable for holding such a Giveaway, including the liability for the content of the terms and conditions, the rules of holding the Giveaway, offered prizes, the criteria of their award, the manner of choosing the winners, and the fulfilment of relevant requirements of the law, and also for the content published by other Users within a given Giveaway. The User setting up the Giveaway shall be obliged to inform other Users that the User is the organiser of a given Giveaway, in particular about the content of the terms and conditions of the Giveaway and other materials.

4. The User setting up the Giveaway shall be obliged to ensure the lawfulness of the principles and manner of holding such a Giveaway in accordance with the provisions of the law effective in the place of its holding or in the place of residence or registered office of the User setting up the Giveaway.

5. The Operator shall not be liable in any manner for the performances or liabilities of the Users within the Giveaways, as well as for the content and the User’s Materials presented in Giveaways.

6. The Operator shall collect the personal data in the form of an e-mail addresses, first names and surnames of Users being the Giveaway participants, as well as the anonymous analytics concerning the Giveaway participants which include such information as:

a) operating system,

b) browser,

c) participant’s country,

c) URL address of the page on which the Giveaway has been published,

c) URL address from which the User has come to the page with the Giveaway.

The aforementioned data is collected within the Site and made available to the User that has set up the Giveaway.

7. No Giveaway set up with the use of the tools available on the Site shall be considered as a giveaway set up by the Operator, even if the Operator’s names and trademarks are placed on the web page with the Giveaway, unless the Giveaway has been directly set up by the Operator.

8. No terms and conditions of the Giveaway shall be considered as part of or supplement to these Terms and Conditions, and also these Terms and Conditions cannot be considered - in whole or in part - as the terms and conditions of any Giveaways set up by the User with the use of the Site.

 

IX. Giveaway Entry

1. The User may make an unlimited number of Giveaway Entries in the Giveaways held on the Site provided that there is no more than one Giveaway Entry per one Giveaway.

2. In order to make the Giveaway Entry, the User shall be required to give their first name, surname and e-mail address or give their consent to the transfer of such data to the Site by the Social Media.

3. It is prohibited to give the untrue data in the Giveaway Entry. The User shall be solely liable that the data given by the User in the Giveaway Entry form is true.

4. The Giveaway Entry may be removed by the Operator after sending a relevant request to the following address: privacy@socialman.net. The removal shall be done within 14 days of sending the request. The request shall be sent from the e-mail address used to register a given Giveaway Entry.

5. The act of sending the request for the removal of the Giveaway Entry shall result in the removal of all Giveaway Entries registered with the e-mail address given in the request in all Giveaways held on the Site. Anonymous analytics related to given Giveaway Entries shall not be removed.

6. When making the Giveaway Entry, the User represents that the User has full capacity for acts in law, or alternatively represents that the User has limited capacity for acts in law and has obtained the consent given by the statutory representative to perform such act.

 

X. Terms and conditions of agreements concerning the provision of electronic services

1. The provision of electronic services via the Site is paid or free of charge.

2. The provision of electronic services specified in chapter 2, point 1, letters c, d is paid and requires the payment of the Subscription Fee.

3. The provision of electronic services specified in chapter 2, point 1, letters a, b, e, f, g is free of charge.

4. A part of the services provided for a fee may be made available by the Operator within a free Subscription for a definite or indefinite term. The Operator reserves the right to change the features of services made available within the free Subscription, including their withdrawal or the change of the term of their availability. The services made available within free Subscription shall not be covered by the guarantee and cannot be the grounds for filing any claims against the Operator.

5. The Subscription Fee for the use of the Service and the Scope of access to the Site and the electronic services provided on the Site depends on the type of Subscription selected by the User.

6. If the right to withdraw from the agreement is exercised after setting up any Giveaway, the User shall not be entitled to request the return of the paid Subscription Fee.

7. The use of the Site by the User means that the User has carefully read the Terms and Conditions.

8. The User’s use of the Site which in particular consists in posting or sharing the User’s Materials or any other content means that the User represents that the User has the right to post and/or share such content on the Site. The User who commits illegal acts shall be exclusively liable for the consequences of such acts, especially the lack of relevant rights or authorisations.

9. The User shall use the Site at the User’s own risk and shall be liable for all activities undertaken in connection with the use of the Site.

10. In connection with the use of the Site, the User shall not acquire any rights to the Site or any of its parts, excluding those authorisations which have been directly granted in the Terms and Conditions.

11. The Operator reserves the right to suspend the possibility of using the Site by the User in the following cases:

a) the User is charged by another User or a third party with violation of their rights or the rights of the third parties arising from the content included in the User’s Materials,

b) the Operator suspects that the rights or property of another User or a third party have been infringed,

c) court, prosecutor’s office or another authority requests the Operator to do so, or carries out the proceedings in connection with the User’s Materials posted on the Site.

 

XI. Subscription Fee

1. Upon paying a relevant Subscription Fee, the User acquires a temporary access to the Site corresponding to the term arising from a given Subscription and the payment settlement period defined therein.

2. The amount of the Subscription Fee for the use of the Site shall depend on the selection of the settlement period on the Site and the scope of using the Site (Subscription) by the User. Appendix No. 1 to these Terms and Conditions constitutes the price list related to services.

3. The payment of the Subscription Fee shall be made via such payment gateways as PayPal or PayU.

4. The use of paid services on the Site is possible immediately after obtaining the feedback from payment gateways that the payment has been made correctly.

5. After the lapse of the settlement period covered by the paid Subscription Fee, the Subscription shall be automatically prolonged for the next settlement period

6. In the case of using the PayPal gateway, the amount of the Subscription Fee for the next period shall be automatically charged by PayPal. The cancellation of payments in PayPal gateway results in the expiry of the Subscription and the termination - by the User - of the agreement concerning the provision of services.

7. If the PayU gateway is used, the Operator shall send an e-mail with the instruction to make the payment for the next settlement period before the lapse of the current settlement period. The failure to make the aforementioned payment shall result in the expiry of the subscription and the termination - by the User - of the agreement concerning the provision of Services.

8. Within statutory time limits, the Operator shall issue a VAT invoice to the User who has given relevant settlement data in the User’s dashboard. A VAT invoice shall be delivered in an electronic form in accordance with the requirements specified in the regulation of the Minister of Finance dated 20 December 2012 on sending the invoices in an electronic form, the rules of their storage, and the manner of making them available to tax bodies or tax inspection bodies (Journal of Laws of 2010, No. 249, item 1661). Upon accepting the Terms and Conditions, the User gives their consent that the invoices are sent in an electronic form as interpreted in the provisions of the aforementioned regulation.

 

XII. Personal data protection

1. The Operator is an administrator of personal data and processes it in accordance with the regulations of the applicable law, in particular the Personal Data Protection Act dated 29 August 1997 (uniform text: (Journal of Laws of 2015, item 2135, as amended) and the Act on Provision of Electronic Services dated 18 July 2002 (uniform text: Journal of Laws of 2013, item 1422, as amended).

2. The acceptance of the Terms and Conditions and the registration of the Account on the Site shall mean the consent to the processing of the User’s personal data by the Operator.

3. The Operator shall process the Users’ personal data to provide the services on the Site and in the scope necessary for their proper provision.

4. The User shall be entitled to inspect the processed personal data at any time, and shall also have the right to correct it or request its removal.

5. The Operator may make the Users’ personal data available to the entities authorised to that pursuant to the relevant provisions of the generally binding law.

 

XIII. Liability

1. In the scope admitted pursuant to the applicable provisions of the law, the Operator’s liability in the following scope is hereby excluded:

a) the content of the User’s Materials posted and published on the Site, including their truthfulness, reliability and authenticity,

b) the manner of using the User’s Materials posted on the Site by other Users and the third parties,

c) any illegal acts by the User which violate the provisions of these Terms and Conditions, including the violation of copyrights and intellectual property rights vested in other Users or the third parties,

d) the obligations, performances and agreements concerning the Giveaways held by the User in the scope of the obligations arising therefrom, and also their compliance with the law and the manner of holding them,

e) the lack of authenticity of the information and data given by the Users on the Site,

f) the damage suffered by the User which is caused by the third parties’ acts, in particular the cases of the User’s system hacking, capture of passwords by the third parties, or virus infections,

g) the damage caused by the User to other Users or the third parties,

h) the disruptions to the correct operation of the Site and the interruptions to the availability of the Site, including those precluding the use of the services, which are caused by the necessity of removal of different failures, the tests of hardware and software, the necessity of maintenance, as well as caused by the events of Force Majeure or the improper operation of the Internet,

i) the loss of data posted on the Site,

j) the damage suffered by the User and caused by the improper saving or readout of the information, as well as improper use of the Site, in particular by wrong entering of data or misinterpretation of the content of the Site, including also the User’s lost profits,

2. The User shall be fully liable for the violation of the law, the provisions of these Terms and Conditions, and the damage caused by the User’s acts or negligence in the scope of the Site, in particular for the provision of illegal information, disclosure of trade secret, or other confidential information, infringement of personal property, copyrights and intellectual property rights.

 

XIV. Complaints

1. The User shall be entitled to lodge a complaint related to the cases connected with the operation of the Site and also with the provision of the services by the Operator.

2. The complaints may be filed via the electronic mail to the following e-mail address: support@socialman.net.

3. The complaint shall include the User’s electronic address and detailed description of the issue.

4. The complaint shall be examined by the Operator immediately, at the latest - within 14 days. The time limit for the examination of the complaint may be prolonged by the Operator in justified cases.

5. The information about the examination of complaint shall be sent via the electronic mail to the User’s e-mail address given in the notification form. In the case of obviously groundless complaint, in particular the complaint which has been filed once again after its rejection, the Operator may decide that the complaint is not examined and may not respond to it.

 

XV. Amendment and termination of the agreement concerning the provision of services on the Site

1. At any time and without giving any cause, the Operator may terminate the agreement concerning the provision of electronic services on the Site at one month’s notice. 2. When the agreement is terminated by the Operator, the User shall be refunded the amount of the Subscription Fee for the unused period.

2. The Operator may disable or remove the User’s Account and terminate the agreement concerning the provision of electronic services on the Site with immediate effect if the User violates these Terms and Conditions or acts to the detriment of the Operator in another way.

3. The Operator’s notice terminating the agreement concerning the provision of electronic services on the Site shall be sent by the Operator to the User’s e-mail address given in the registration form. The User gives their consent that the aforementioned notices are sent to the e-mail address given in the registration form.

4. In any case of termination of the agreement by the Operator, the Operator shall be entitled to delete all User’s Materials posted on the Site.

5. At any time and without giving any cause, the User may terminate the agreement concerning the provision of electronic services on the Site at one month’s notice through cancelling the Subscription in the User’s dashboard on the Site. The User shall be entitled to terminate the agreement only when the User pays all amounts due to the Operator.

6. The User shall have the right to change the type of Subscription at any time during its term. The change of the type of Subscription may be made through approving a new subscription in the User’s dashboard on the Site.

7. If the User terminates the agreement or changes the type of the Subscription, any and all Subscription Fees shall not be refundable. If the type of Subscription is changed during the Subscription Fee period, the User shall not be entitled to make a relevant deduction of the amount of the Subscription Fee for the unused period.

 

XVI. Cookies

1. The Site uses cookies. If the User does not change the browser settings on the User’s web page, it shall mean the User’s consent to their use.

2. A cookie is a small piece of IT data which is stored in the end device of the Site User and is intended for the use of the web pages on the Site.

3. A cookie is used to ensure correct operation of the mechanisms on the Site, to facilitate the User’s use of the Site resources, and to create and collect the analytics and keep the sessions of the User.

4. Cookies are not used to process or store personal data.

5. An Internet User entering the Site has the right to disable the cookies at any time. Cookies may be disabled in the User’s browser.

6. When the cookies are disabled or restricted, it may have adverse impact on the features of the Site and even completely block the possibility of using its functions.

 

XVII. Final provisions

1. The law of Poland shall be applicable to these Terms and Conditions.

2. Without prejudice to generally binding provisions of the Polish law, the court which is exclusively competent for the disputes concerning the operation of the Site and the provision of services on the Site is the court of general jurisdiction over the Operator’s registered office.

3. The content of these Terms and Conditions shall be available in Polish and English. In the case of any disputes, including court cases, and in the case of any doubts as to the interpretation, the Polish version shall be binding upon the parties.

4. The Operator reserves the right to make amendments to the Terms and Conditions. The amendments to the Terms and Conditions shall be published on the web pages on which the Site is available. The User who has made the registration is additionally notified of the amendment to the Terms and Conditions by an e-mail sent to the e-mail address given by the User.

5. The amendments to the Terms and Regulations shall be binding upon the User if the User does not terminate the agreement concerning the provision of electronic services within two weeks of publishing the amendments to the Terms and Conditions on the web pages on which the Site is available.

6. The Operator reserves the right to transfer all or part of the Operator’s rights and obligations related to the Site and arising from the concluded agreements concerning the provision of electronic services on the Site to any third party without the User’s consent to it and right to express objections to it.

7. The following regulations shall be applicable to all issues which are not regulated by the provisions of these Terms and Conditions: the Civil Code; the Act on Provision of Electronic Services dated 18 July 2002 (Journal of Laws No. 114, item 1204, as amended); the Act on Consumers’ Rights (Journal of Laws of 2014, item 824, as amended), the Act on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended), and other applicable provisions of the Polish law.

8. These Terms and Conditions shall become effective on April 30th, 2016.

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