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Terms of Use - Creator Terms and Conditions for the Use of the ViralPlace Platform

(hereinafter referred to as the “Terms and Conditions”)

§ 1. General Provisions

These Terms and Conditions define the rules for the provision of services by ViralPlace. ViralPlace enables Creators to produce Works commissioned by ViralPlace, for remuneration specified in an Order.

The joint controllers of personal data are: Fundacja AIP, with its registered office at 03-901 Warsaw, Al. Ks. J. Poniatowskiego 1, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, under KRS number 0000199402, NIP 5242495143 (hereinafter referred to as the “Foundation” or “Controller No. 1”), and Mikołaj Ostrowski, conducting the project under the name ViralPlace (hereinafter referred to as “Controller No. 2” or the “Project”). Jointly, Controller No. 1 and Controller No. 2 are referred to as the “Joint Controllers”, “we” or “us”.

Within the framework of the AIP Foundation, Controller No. 2 operates the project under the name ViralPlace (hereinafter referred to as the “Platform”, “ViralPlace”, the “Administrator”, the “Service Provider” or the “Service”).

These Terms and Conditions constitute the sole legal basis for cooperation between ViralPlace and Creators, unless the Joint Controllers decide otherwise in writing. Acceptance of the Terms and Conditions is equivalent to entering into a binding agreement.

Definitions

§ 2. Technical Requirements for Using the Platform

In order to use the Service, the User must have:

The Administrator collects information contained in Cookies, which are text files containing the identifier of the Device used by the User.

The User decides whether to use Cookies. Web browsers usually allow Cookies by default, and the User may change these settings at any time.

The Administrator informs that disabling Cookies may affect the functionalities available on the Service.

Detailed information regarding Cookies is included in the Privacy and Cookies Policy available at:
https://viralplace.io/privacy-policy
which constitutes an integral part of these Terms and Conditions.

§ 3. Platform Accounts and the Creator’s Right to Remuneration

  1. Using the Platform requires the creation of a Creator account. Registration and the provision of data required in the registration form are voluntary but necessary to use the Platform.

  2. Creator accounts may have different levels depending on the Creator’s tenure on the Platform, the number of completed Orders or other criteria specified by ViralPlace.

  3. ViralPlace may commission the Creator to produce Works in the form of Orders submitted electronically.

  4. An Order constitutes a commission for the creation of a Work submitted exclusively by ViralPlace and specifies, in particular, the scope of work, the deadline and the amount of remuneration.

  5. Acceptance of an Order by the Creator constitutes an obligation to perform it in accordance with these Terms and Conditions.

  6. Instructions submitted by Platform Users constitute solely the basis for ViralPlace to submit an Order and do not create any legal relationship between the Creator and Platform Users.

  7. For the performance of a Work, the Creator is entitled to remuneration specified in the Order.

  8. ViralPlace is the sole entity obliged to pay the Creator’s remuneration.

  9. The Creator’s remuneration is not dependent on ViralPlace’s relationship with Platform Users, including complaints, returns, withdrawals or other events concerning Platform Users.

  10. Remuneration is paid monthly in arrears for all Works completed and accepted by ViralPlace in a given month, no later than the 15th day of the following month, unless otherwise specified in the Order.

  11. Remuneration is paid via bank transfer or an online payment service indicated by ViralPlace, based on a correctly issued VAT invoice submitted by the Creator, with a 14-day payment term.

  12. The date of payment is the date on which ViralPlace’s bank account is debited.

  13. Use of online payment services requires acceptance of the terms and conditions of the respective payment service provider.

  14. ViralPlace may, at its discretion, provide the Creator with statistical information regarding the use of the Work; such information does not constitute grounds for any claims by the Creator.

  15. Any additional remuneration for the Creator, other than monetary remuneration, may take the form of a product or digital content, of which ViralPlace shall inform the Creator without delay.

  16. If the Creator does not conduct business activity, settlements are made in accordance with applicable tax law regulations.

§ 4. License

  1. The license is granted based on these Terms and Conditions and the Order and does not require the conclusion of a separate agreement.

  2. Upon delivery of the Work, the Creator grants ViralPlace a non-exclusive, transferable license to the Work created under the Order.

  3. Unless otherwise specified in the Order, the license is granted for a period of 5 years from the date the Work is uploaded to the Platform, without territorial limitations.

  4. The license includes the right to use the Work and to grant sublicenses to third parties authorized by ViralPlace.

  5. The license covers the following fields of exploitation:

a) fixation and reproduction of the Work, including storage in computer memory and servers;
b) making the Work publicly available in such a way that anyone may access it at a place and time of their choosing;
c) distribution of the Work in ICT networks and online services;
d) incorporation of the Work into multimedia or collective works;
e) placing the Work on the market, including sale, rental, lease, paid or free distribution;
f) use of the Work in commercial, marketing, advertising and promotional activities;
g) public performance, display, screening, playback, broadcasting and rebroadcasting;
h) creation of adaptations, modifications, alterations, including digital processing, and use of the results thereof;
i) registration of the Work as a trademark, industrial design, utility model or other industrial property right;
j) publication of the Work on corporate online accounts and social media platforms, including TikTok, Instagram and Facebook, for commercial and promotional purposes.

  1. The license also covers all subsequent versions of the Work and any modifications thereof.

  2. The Creator consents to the introduction of changes, supplements, adaptations and modifications to the Work.

  3. The Creator consents to the use of the Work by ViralPlace without attribution and waives the exercise of moral rights to the extent necessary for ViralPlace to use the Work, to the extent permitted by law.

  4. The Creator shall have no claims against third parties using the Work under a sublicense granted by ViralPlace.

  5. All claims related to the Work shall be directed against ViralPlace, without prejudice to ViralPlace’s right of recourse against the Creator.

  6. If claims related to the Work are raised against ViralPlace, the Creator undertakes to cooperate with ViralPlace to the extent necessary to defend against such claims.

  7. If the Creator becomes aware of the use of the Work by a sublicensee beyond the scope of the sublicense, the Creator shall direct all claims directly against the infringing sublicensee. ViralPlace shall not be a party to such claims and shall not be liable for exceeding the scope of the sublicense.

  8. Upon expiry of the license, ViralPlace is entitled to retain the Work solely for archival purposes.

  9. If the Creator’s image is recorded in the Work, the Creator consents to its dissemination under the terms specified in the Terms and Conditions and the Order.

  10. Independently of the above, the Creator grants ViralPlace a non-exclusive license to use the Work for ViralPlace’s promotional, marketing and presentation purposes, including portfolio, case studies, sales materials, presentations and marketing communications, for a period of 5 years from delivery of the Work.

§ 5. Rules of Operation within the Platform

  1. The Platform consists of specific functionalities, the description of which is available at:
    https://www.viralplace.io

  2. A change in functionality constitutes an amendment to the Terms and Conditions if so specified in the Terms and Conditions or the Order.

  3. The Creator undertakes to use the Platform in accordance with applicable law and these Terms and Conditions. ViralPlace shall not be liable for violations of the above by the User. In the event of unlawful or improper use, ViralPlace is entitled to cancel an Order, suspend the Creator’s account or delete the Creator’s account.

  4. The Creator declares that they hold all copyrights and related rights to the Works and that the Works do not infringe third-party rights. In the event of third-party claims, the Creator undertakes to indemnify ViralPlace and cover all damages incurred.

  5. For Creators not conducting business activity, settlements are made in accordance with applicable tax law, without affecting the legal nature of the cooperation.

§ 6. Acceptance of the Work

  1. The completed Work is subject to acceptance by ViralPlace via the Platform in accordance with the Order. The Work may be revised up to three times if necessary, under pain of refusal of acceptance.

  2. In the event of unjustified refusal, the Work shall be deemed accepted and the Creator retains the right to remuneration.

  3. The Creator is entitled to remuneration for the creation of the Work and the granting of the license, in the amount specified in the Order.

  4. Remuneration is paid via the Platform in accordance with § 3.

  5. If the Creator conducts business activity, warranty liability is excluded pursuant to Article 558 § 1 of the Polish Civil Code.

  6. Payment of remuneration is made only after fulfillment of all formal requirements, in particular upon delivery of a correctly issued VAT invoice. ViralPlace reserves the right to set off justified complaints or claims against the Creator.

§ 7. Rights and Obligations of the Creator

  1. The Creator uses information published on the Platform at their own risk.

  2. It is prohibited for the Creator to post content that:

    • is unlawful;
    • is offensive or defamatory, includes threats, or contains obscene or indecent content;
    • is false or misleading;
    • infringes third-party rights;
    • constitutes spam;
    • contains links to or advertisements for competing services;
    • contains viruses or other technologies harmful to the Platform or other Creators.

  3. The Creator, or any person aware of infringements, may report them by sending a message to:
    sales@viralplace.io indicating the type of infringement and the infringing party.

  4. The Creator undertakes to respect copyright and intellectual property rights of the Platform and third parties.

  5. The Creator may not copy, modify or distribute content, photos, logos or works without prior consent of the rights holder. The Platform is not liable for such actions by the User if not detected without undue delay after publication.

  6. Violations may be reported to: sales@viralplace.io.

  7. It is prohibited to engage in any activity on the Platform that grossly violates these Terms and Conditions or applicable law.

  8. The Creator is liable for third-party claims arising from infringement of copyrights or personal rights related to the Work.

§ 8. Rights and Obligations of the Administrator

  1. The Administrator ensures proper operation of the Service.

  2. The Administrator shall not be liable for:

    • misleading content provided by the Creator;
    • actions of unauthorized third parties to whom the Creator provided access to their email or other data used to create the account or place an Order;
    • damages arising from discontinuation of services or electronic services due to the Creator’s fault or due to violation of law or these Terms and Conditions;
    • interruptions caused by technical changes or maintenance;
    • hacker attacks involving a breach of security at least at a standard level;
    • lack of continuity of services caused by third parties (including telecom providers, hosting providers, etc.);
    • force majeure events such as natural disasters or war;
    • loss or destruction of data caused by integration with third-party services to which the Creator granted access or by hacker attacks;
    • lost profits arising independently of the Platform;
    • damages related to the Creator’s use of materials available on the Platform.

  3. The Administrator shall not be liable for unlawful actions of the Creator if the Administrator has no knowledge of the relevant facts and circumstances.

  4. Upon obtaining reliable information about unlawful actions on the Platform, the Administrator may request their cessation without undue delay.

  5. If the Creator fails to comply with such request, the Administrator may block the Creator’s access to the Service for 30 days, with the possibility of extension.

  6. The Administrator’s liability for damages caused by improper operation of the Platform is limited to the total remuneration for the preceding two months.

§ 9. Termination of Services

  1. A Creator who only browses content available on the Service is not required to terminate the service agreement.

  2. The Platform may immediately suspend the electronic services agreement with a Creator who cooperates with the Platform if:

    • the Creator posts unlawful content violating mandatory legal provisions, including copyright regulations;
    • the Creator sends unsolicited commercial information;
    • the Creator grossly or persistently violates these Terms and Conditions or acts contrary to the aims and purpose of the Platform;
    • the Creator insults Platform staff using words commonly regarded as vulgar (whether in connection with other matters or not);
    • the Creator violates other provisions of these Terms and Conditions.

  3. Data relating to Orders processed via the Platform shall be stored for the period required by applicable law.

§ 10. Personal Data

By submitting an Order via the Platform and checking the acceptance box, the Creator accepts these Terms and Conditions and consents to the collection and processing of personal data in accordance with the Polish Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2018, item 1000) and Regulation (EU) 2016/679 of 27 April 2016 (GDPR), by the service provider, to the extent necessary to perform these Terms and Conditions and services provided hereunder.

For detailed information regarding personal data processing, the Platform refers to the Privacy Policy and Cookies Policy available at:
https://viralplace.io/pl/privacy-policy

§ 11. Complaints

  1. The provisions of this section apply exclusively to complaints regarding the operation of the Platform, not the quality of Works.

  2. All complaints should be submitted to: sales@viralplace.io

  3. The complaint should include:

    • User contact details;
    • description of the malfunction or other circumstances inconsistent with these Terms and Conditions or applicable law;
    • circumstances justifying the complaint;
    • the requested method of remedy (if any).

  4. The Platform shall review complaints within 14 days of submission, indicating whether the complaint is accepted and how it will be handled, or refusing the complaint with justification.

  5. A possible outcome may include, in particular, a refund of remuneration for a given Work or part thereof.

  6. The complaint response shall be sent to the email address provided by the User.

  7. If the complaint is accepted, the Platform shall promptly take measures it deems appropriate within the limits of applicable law to implement the complaint.

  8. Failure to respond within 14 days shall be deemed acceptance of the complaint.

§ 12. Final Provisions