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Terms and Conditions

  • Terms and Conditions

    KUKA Terms of Service for Customers

    These regulations (hereinafter referred to as the "Terms of Service”) govern access to and use of the services provided through the Service www.ku-ka.pl by designers (hereinafter referred to as "Service").

    I. GENERAL PROVISIONS:  

    1. Service “KUKA” runs Agma-tex sp.z.o.o. a company with registered seat in Poland, Warsaw 04-022, Walewska 7a lok. 3 Str., the National Official Register of Business Entities number 586-228-85-79, initial capital in the amount of 6 750 PLN, REGON: 222019482, (hereinafter referred to as "Service Provider").

    2. Terms of Service defines the rules of the use of the Service.

    3. Data Controller of Customers of KUKA is the Service Provider indicated in point 1 above.


    II. DEFINITIONS:

    1. Account - a collection of resources and entitlements within the Service which are assigned to a specific registered Customer.
    2. Service – Website www.ku-ka.pl, which allows Users, Customers and Designers of Graphic Pattern to use the Service;
    3. Service Provider - Agma-tex sp.z.o.o. a company with registered seat in Poland, Warsaw 04-022, Walewska 7a lok. 3 Str., the National Official Register of Business Entities number 586-228-85-79, initial capital in the amount of 6 750 PLN, REGON: 222019482.
    4. Services - all services provided by the Service Provider to Users, Customers and Designers of Graphic Patterns through this website, in particular allowing to:
      - Users to view Service,
      - Customers to order service of printing of fabric with copies of Ready Graphic Pattern, Own     Graphic Pattern or Graphic Pattern to Modification,
    5. Customer – natural person, legal person or entity without legal personality, having legal capacity, who can buy fabric with chosen Graphic Pattern through Order Form or has made registration and use Service in order to use services; Customer can simultaneously use Service as Designer of Graphic Pattern as described in separate regulations available on this website below;
    6. Consumer - any natural person who is making the legal actions related directly to his business or professional activity with the trader;
    7. User – each visitor of Service: natural person, legal person or entity without legal personality, having legal capacity;
    8. Ready Graphic Pattern – any available through Service ready graphic pattern, produced by the corresponding combination of lines, shapes, colors, structures or materials; There is no possibility to modify Ready Graphic Pattern;
    9. Own Graphic Pattern – any graphic pattern uploaded to the Service by Customers. Customer can order service of printing of fabric with copies of Own Graphic Pattern; Customer can decide if his Own Graphic Pattern is private (uploaded only to print it on chosen fabric) or public (Service Provider can show this graphic pattern on marketing materials, e.g. on Facebook).
    10. Graphic Pattern to Modification - any available through Service graphic pattern which can be freely modified by Customer, produced by the corresponding combination of lines, shapes, colors, structures or materials; Customer can order service of printing of fabric with copies with modified Graphic Pattern to Modification;
    11. Designer of Graphic Pattern - natural person, legal person or entity without legal personality, having legal capacity, who can upload his/her Graphic Pattern to Service in order to earn through Service as described in separate regulations available on this website below;
    12. Order Form - form through which anyone can order chosen fabric with chosen Own Graphic Pattern, Ready Graphic Pattern or Graphic Pattern to Modification.
    13. Price - price of the fabric which depends on the type of fabric, type of graphic Pttern and the size of the printable area. All prices of the website are gross prices in PLN.
    14. Registration - registration on the website, involving the acceptance of these Terms of Service and administration name, surname, e-mail address and individual password; Registration gives Customer in particular the opportunity to familiarize with the history of orders, currently realized state of orders, manage and modify Graphic Patterns, edit and complete data provided during registration.
    15. Terms of Service - terms of service defines the rules of the use of the Service.

    III. TERMS OF USE:

    By using the Service you are indicating your agreement to be bound by these Terms of Service and all revisions thereof.

    1. If you do not agree to these Terms of Service, you should stop using and accessing our Service. These Terms of Service are applicable to your use of the Service regardless of how you accessed our Service (as Customer or just User who is looking for inspirations).

    2. As Customer you can:

    a. choose Ready Graphic Pattern available in the Service determine type of the fabric,  size of chosen Ready Graphic Pattern and make order via Order Form,

    b. send us Own Graphic Pattern, determine size and type of repeating of Own Graphic Pattern on the fabric, choose type of fabric and size of print of Own Graphic Pattern on the fabric and make order via Order Form,

    c. choose Graphic Pattern to Modification, modify it in its sole discretion: colorize it, determine size and type of repeating modified Graphic Pattern to Modification, choose type of fabric and size of print and make order it via Order Form to purchase it.

    1. You don't have to register to take a look at all of Graphic Patterns available in our Service.

    2. You can make a purchase without making Registration. You can order chosen fabric with chosen Ready Graphic Pattern, with tailored to your needs Graphic Pattern to Modification or with your Own Graphic Pattern through Order Form. Registration in order to make purchase is possible but not necessary.

    3. In Order Form you have to fill only data necessary to making order: your name and surname, address, e-mail address and your telephone number. Optional you can give us your date of birth and data necessary to make invoice.

    4. Filling of Order Form requires acceptance of Terms of Service and making payment is tantamount to concluding Service Provider Agreement between Customer and Service Provider.

    5. In order to have access to additional services, e.g. to have access to history of your orders you have to register. Registration consists of filling the appropriate form on the "Register"/"Rejestracja".

    6. Registration gives Customer a collection of resources and entitlements within the Service which are assigned to a specific registered Customer.

    7. Registration gives Account whereby Customer can in particular familiarize with the history of orders, currently realized state of orders, manage and modify Graphic Patterns, edit and complete data provided during registration.

    8. Registration in the Service  KUKA requires acceptance of Terms of Service and is tantamount to concluding a Service Provider Agreement between Customer and Service Provider. By registering Customer undertakes to comply with the provisions of these Terms of Service.

    9. Within 14 days of the conclusion of the agreement referred to in point 9 above, Customer who is consumer can withdraw from it without giving a reason. Termination of the contract for the use of the Service requires the declaration of withdrawal. Declaration of withdrawal must be sent to the address of the Service Provider in paper form (by post). To comply with this deadline is enough to send declaration before its expiry.

    10. Owner of Account is obliged to protect access to his account in Service.

    We trust that you provide us only true, accurate, current and complete information about yourself and, if necessary, promptly update it to keep it always true, accurate, current and complete.

    IV. ORDER

    1. In order to place an order you should fill the Order Form by entering required personal information and accepting the amount to be paid by ticking an option “Place the order and pay”. After accepting and paying for the order, the Customer will receive an automatic confirmation of ordering and settling the payment email from the Service. The adoption of an order will be further confirmed by registered Customer the change of status in Account ("accepted for implementation").

    2. During making an order Customer is informed about the specifications of the contract.

    3. The order deemed to be submitted after selecting an option "Place the order and pay”. After accepting and paying for the order there is no option to make further modifications.

    4. Before ordering Customer may at any time acquaint with Price. Price depends entirely on the type of fabric, type of graphic pattern and the size of the selected print area.

    5. The moment of the conclusion of the sale between Service Provider and Customer is moment of expressing declaration of intent by Customer - the moment you select "Place an order and pay" ("moment of the transaction").

    6. Price and other elements of the order are binding from moment of expressing declaration of intent by Customer - the moment you select "Place an order and pay" ("moment of the transaction").

    7. The Service Provider shall send a confirmation of an order and payment within 14 days from the date of the transaction. No confirmation of receipt of payment and the order does not affect the validity of the transaction.

    8. Price of the order for Customer who uploaded his Own Graphic Pattern to the Service is lower by 10%.

    9. Customer can use services through Service around the clock, seven days a week.

    10. All prices of the website are gross prices in PLN. The price given on the website in the moment of placing the order is a binding purchase price between Customer and Service Povider.

    V. COPYRIGHT

    We respect the intellectual property rights of others. Therefore we ask our Users and Customers to do the same. Please note that we may terminate the account of Customer if we have reason to believe that he/she is responsible for infringing the copyright or other intellectual property rights of others.

    All content available through the Service shall be protected under Polish Copyright Law (Act of February 4, 1994) and may be used by Customer only to the extent necessary to use the Services.

    1. Customer is responsible for Own Graphic Patterns uploaded to the Service. You must own the copyright or have the authorisation from the copyright holder to upload Own Graphic Pattern to the Service and use in the manufacturer of a product (You must confirm the copyright before loading the file).

    2. If you do not own the copyright or have authorisation from the copyright holder you must not upload Own Graphic Pattern to the Service.

    3. When you upload or send to the Service your Own Graphic Pattern, you keep all of copyright. You also control whether or not Own Graphic Pattern can be public or private referred to point 7 II Terms of Service. Graphic Patterns uploaded to the Service are private unless you specifically mark them as public.

    4. By using our Service you are giving us a perpetual, non-exclusive, non-transferable, worldwide license, without the right to grant sub-licenses to use uploaded us Own Graphic Patterns on different types of fabric.

    5. If you decide to upload to the Service Own Graphic Pattern and define it as public you are giving us license to use Own Graphic Pattern in following fields of use:

    1. recording and reproduction (copying) of Own Graphic Pattern – production of copies of Own Graphic Pattern using a specific technique on fabric,

    2. trading in the original or copies of Own Graphic Pattern on fabric - marketing, leasing or renting of the original work or their copies,

    3. distribution of Own Graphic Pattern in any manner other than specified in point (b) above – public display of Own Graphic Pattern, as well as making the original Own Graphic Pattern or their copy/copies publicly available in such a way so as to enable access to them to anyone, at any time and any place,

    4. presenting Own Graphic Pattern in the mass media, including the Internet,

    5. using Own Graphic Pattern in any promotional and advertising materials.

    6. By using our Service you are granting us permission to reproduce, or modify Own Graphic Pattern uploaded or sent to our Service.

    1. Customer declares that he owns all copyrights necessary to grant the license to the Service Provider.

    2. We declare that we will not use Own Graphic Pattern defined by Customer as public for commercial purposes (e.g. sell them). We can however use Own Graphic Pattern defined by Customer as public only for marketing purposes.

    3. If you define uploaded to the Service Own Graphic Pattern as private we use it only to process your order.

    4. By uploading Own Graphic Pattern to our Service you are agreeing to the following:

    1. You have the legal right to reproduce, modify and use in a manufactured product  uploaded Own Graphic Pattern;

    2. Own Graphic Pattern does not infringe on copyright, trademarks or any other intellectual property rights;

    3. Own Graphic Pattern does not violate privacy laws;

    4. Own Graphic Pattern does not invade any individual’s right of privacy or celebrity;

    5. Own Graphic Pattern is not unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically, offending religious feelings or otherwise objectionable in opinion of Service Provider.

    1. Service Provider have the right to upload to the website and other websites where the Service Provider promotes his services (especially at Facebook.com, pinterest.com and photos instagram.com) photos of sold fabric with Own Graphic Pattern defined by Customer as public with no time limits.

    2. Customer is buying only copies of chosen Own Graphic Pattern, Ready Graphic Pattern or Graphic Pattern to Modification, not original of Own Graphic Pattern, Ready Graphic Pattern or Graphic Pattern to Modification. The ownership of original Own Graphic Pattern, Ready Graphic Pattern or Graphic Pattern to Modification remains ownership of the Designer of Graphic Pattern.

    3. By using our Service you agree to hold Service Provider free from any claims, damages, losses, liabilities and expenses incurred in relation to your actions taken in connection with the use of Service which can be subject to copyright infringement.

    4. Customer is responsible for maintaining the confidentiality of the password and Account  and are fully responsible for all activities that occur under his password or Account.

    5. Customer is obliged to keep safe his Account from the access unauthorized persons.

    6. If a complaint has been made regarding a potential copyright infringement we reserve the right to terminate the Customer’s account at any time.

    7. You should assume that website and all software made available to you by Service Provider are protected by copyright or other proprietary rights. You are not entitled to transmit, copy, reproduce, publish, display, distribute, commercially exploit or create derivative works of such material and content.

    8. You are not allowed to, reproduce or distribute any website content without the express permission of the owner of the website content (Service Provider).

    9. If you have reason to believe there has been copyright infringement on your work please contact us at zapytaj@ku-ka.pl.

    1. DELIVERY

    1. Delivering of the purchased copies of Own Graphic Pattern, Ready Graphic Pattern or Graphic Pattern to Modification will take place within 14 working days from the payment accounting date, as referred to in section IV. Goods are shipped through Poczta Polska or courier.

    2. Shipping fees are indicated in the "basket" available for Customer in the Account of Customer or in the Order Form before placing an order and make payments for the ordered copies of Own Graphic Pattern, Ready Graphic Pattern or Graphic Pattern to Modification.

    3. Service Provider undertakes to provide the subject of the transaction without physical defects.

    1. PAYMENT

    1. For the ordered goods Customer pays by a bank transfer into bank account given in confirmation email from the Service. Payment must be made within 5 days from the date of the transaction.

    2. The amount of the required payment is indicated in each case by the Service and available for Customer in the "basket" in the Account of Customer or in the Order Form and in the confirmation e-mail.

    3. The amount of the required payment is the sum of the Price of the fabric (which depends on the type of fabric, type of graphic pattern and the size of the printable area) and shipping fee. Shipping fee depends on the type of delivery. All prices are gross prices in PLN.

    4. Service reserves the right to change the prices of the goods specified in the offer, introduce and withdraw new or existing goods.

    1. RETURN POLICY, WARRANTY

    1. Received goods does not comply with your order? We won’t abandon you with that problem and we’ll cover the costs of the return. First of all, you have to contact us at zapytaj@ku-ka.pl.

    2. Firstly, we will confirm once again you proper order and then we’ll ask you to send received fabric back at our expense. After receiving the return shipment we confirm that fact with an email. As soon as possible, no longer than 14 days, we ship proper order to you at our cost.

    3. If your order was received on time and goods are in line with the order, but from some reason you are not happy, we regret to inform you that in such situation we unfortunately cannot accept return of your order. According to Art. 38 of the  Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827) the right to withdraw from the contract concluded away from business premises not granted to the consumer in respect of contracts for goods manufactured according to the specifications of the consumer or manufactured according to his individual needs.

    4. Service provider guarantees 24 months on the subject of the contract in accordance with the provisions of the Civil Code. This warranty does not exclude, limit or suspend the Customer's rights under the provisions of the warranty for defects in the goods sold. Service Provider is the guarantor.

    1. PRIVACY

    1. Data Controller of Customers of KUKA is the Service Provider indicated in point 1 I these Terms of Service.

    2. We respect your privacy. We will not sell or resell your personal data to third parties.

    3. The Service Provider informs that Customer who is a natural person has the right to request additions, updating, rectification of personal data, temporary or permanent suspension of their processing or removal if they are incomplete, outdated or inaccurate.

    4. We collect and use only basic information about our Customers that are necessary to ensure the proper functioning of the Service.

    5. We collect only these basic information: your name, surname, e-mail address, name of firm (if you use our Service as legal entity) and data necessary to ensure the proper functioning of the Service.

    6. All personal data provided by Customer who is a natural person are collected and processed in accordance with the Act on Data Protection of 29 August 1997 and used only for the purpose of implementing and fulfilling the orders and informing on promotions and shall not be shared with third parties.

    7. You can be sure that we will display your personal information in your profile page only according to the preferences you set in your account.

    8. We use information we collect only to operate, maintain and provide you the best functionality of our Service. We use information we collect to maintain security, personalize content, remember information to help you efficiently access your account and analyze how our Service is used and to diagnose service or technical problems.

    9. We will not sell, share, or rent your data to others in ways different from those disclosed in these Terms of Service.

    10. Only for the purpose of delivery the Customer agrees to transfer the data to the courier company.

    11. The Service may amend regulations of the part Privacy from time to time. If we make changes, we will notify you by email to the address you provide in your registration or by posting an announcement on our website so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed.

    12. If you have any questions regarding to the part “PRIVACY” of these Terms of Service please contact us at zapytaj@ku-ka.pl.



    1. COOKIES

    1. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our web site are visited and by how many people. We may use cookies to remember who you are when you next visit our web site, provide a custom, personalized experience on our Service and monitor the success of marketing or promotional campaigns and aggregate metrics.

    1. You can disable cookies. We recommend that you leave the cookies activated because cookies allow you to use our Service - and others - as designed.

    1. LIMITATION OF LIABILITY

    1. Service Provider reserves the right to temporarily suspend or limit the functioning of the Services in connection with the necessary maintenance of the Service.

    2. Service provider undertakes to make available in a timely manner about the planned date of interruption or limitation of Service and their duration. Service provider undertakes to use all means to reduce to a minimum the time suspend or limit the functioning of Service.

    3. Service Provider shall not be liable for any damages suffered by Customer as a result of given by the Customer outdated or inaccurate data, referred to in these Terms of Service.

    4. Our services are provided on ‘as possible’, ‘as available’ and ‘as is’ basis. We assume no responsibility for the timeliness, deletion, mis-delivery of or failure to store any user content or settings. Also please feel informed that we cannot give you a guarantee of any kind - either direct or implied.

    5. To the maximum extent permitted by applicable law, we assume no liability for any errors, mistakes or inaccuracies of content, personal injury or property damage resulting from your access to or use of our service. We assume no liability for any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

    6. We assume no liability for any interruption or cessation of transmission to or from our service, any bugs, viruses, trojan horses or the like that may be transmitted to or through our service by any third party and any errors or omissions in any content or for loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the service.

    XII. ADDITIONAL

    1. Any disputes related to the services provided by Service will be settled:

    a. in the case of a Customer who is Consumer by the appropriate courts of law;

    b. in cases other than those referred to in point a - by a court with jurisdiction over the place of establishment of the Service Provider.

    1. Rights and obligations arising from this agreement are regulated by provisions of Polish law:  the Polish Civil Code (act of 23 April 1964, published in the Journal of Laws No 16 item 93 as amended) and the  Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827) - in the case of Customers who are Consumers.

    ***

    It is our goal to create a site that is accessible and useful to as many people as possible. If you ever have any questions about our Terms of Service, please do not hesitate to contact us at zapytaj@ku-ka.pl.



  • KUKA Terms of Service for Designers of Graphic Patterns

    KUKA Terms of Service for Designers of Graphic Patterns

    These regulations (hereinafter referred to as the “Terms of Service for Designer of Graphic Pattern”) govern access to and use of the services provided through the Service ku-ka.pl by designers (hereinafter referred to as "Service").

    1. GENERAL PROVISIONS:

    1. Service “KUKA” runs Agma-tex sp.z.o.o. a company with registered seat in Poland, Warsaw 04-022, Walewska 7a lok. 3 Str., the National Official Register of Business Entities number 586-228-85-79, initial capital in the amount of 6 750 PLN, REGON: 222019482 (hereinafter referred to as "Service Provider").

    2. Terms of Service for Designers of Graphic Patterns defines the rules of the use of the Service by Designers of Graphic Patterns.

    3. Data Controller of Customers of KUKA is the Service Provider indicated in point 1 above.

    1. DEFINITIONS:

    1. Designer of Graphic Pattern - natural person, legal person or entity without legal personality, having legal capacity, who can upload his/her Graphic Pattern to Service in order to earn through Service; Designer of Graphic Pattern can simultaneously use Service as Customer as described in separate regulations available on this website above (Terms of Service);

    2. Graphic Pattern - any graphic pattern send to the Service by Designer of Graphic Pattern produced by the corresponding combination of lines, shapes, colors, structures or materials;

    3. Account for Designer of Graphic Pattern - a collection of resources and entitlements within the Service which are assigned to a specific registered Designer of Graphic Pattern. Access to Account for Designer of Graphic Pattern gives Designer of Graphic Pattern ability to upload his/her Graphic Pattern in order to make it available for sale, upload logo of his/her business activities, send information about his/her business activities, account number, familiarize with the history of sales of his/her Graphic Patterns, current amount of the Commission, manage of his/her Graphic Patterns, in particular determine which of the uploaded Graphic Pattern are public or private, edit and complete data provided during registration.

    4. Service – Website www.ku-ka.pl, which allows Users, Customers and Designers of Graphic Pattern to use the Service;

    5. Service Provider - Agma-tex sp.z.o.o. a company with registered seat in Poland, Warsaw 04-022, Walewska 7a lok. 3 Str., the National Official Register of Business Entities number 586-228-85-79, initial capital in the amount of 6 750 PLN, REGON: 222019482.

    6. Services - all services provided by the Service Provider to Users, Customers and Designers of Graphic Patterns through this website, in particular allowing to:

    1. Users to view Service,

    2. Customers to order service of printing of fabric with copies of Ready Graphic Pattern, Own Graphic Pattern or Graphic Pattern to Modification,

    3. Designers of Graphic Patterns to upload his/her Graphic Pattern to Service in order to make it available to sale and therefore earn through Service;

    1. Customer – natural person, legal person or entity without legal personality, having legal capacity, who can buy fabric with chosen Graphic Pattern through Order Form or has made registration and use Service in order to use services; Customer can simultaneously use Service as Designer of Graphic Pattern;

    2. User – each visitor of Service: natural person, legal person or entity without legal personality, having legal capacity;

    3. Commission - a commission of 10% of the Price which receives the Designer Graphic Pattern when Service sells fabric with copy of his/her Graphic Pattern;

    4. Registration - registration on the website, involving the acceptance of these Terms of Service for Designer of Graphic Pattern and administration name, surname, e-mail address, company name or pseudonym and individual password of Designer of Graphic Pattern. Registration gives for Designer of Graphic Pattern access to Account for Designer of Graphic Pattern.

    5. Price - price of the fabric which depends on the type of fabric,  and the size of the printable area. All prices of the website are gross prices in PLN.

    6. Terms of Service for Designer of Graphic Pattern - terms of service defines the rules of the use of the Service by Designer of Graphic Pattern.

    1. TERMS OF USE:

    1. By using the Service as Designer of Graphic Pattern you are indicating your agreement to be bound by Terms of Service for Customers and by these Terms of Service for Designer of Graphic Pattern and all revisions thereof.

    2. Use of the services through the Service requires Registration. Registration relies on completing the appropriate form in the "Account for Designer".

    3. After completing the appropriate form in the "Account for Designer” Designer of Graphic Pattern should:

    • upload minimum 3 different Graphic Pattern and then wait for acceptance of administrator of the Service;
    • after receiving approval of the Administrator Designer is required for all orders exposed in the Service of Graphic Designs minimum size coupon on his choice for fabric.
    • after completion of the order designer can use all the services on the Site, in particular, upload and delete any number of Graphic Designs.
    1. Registration gives Designer of Graphic Pattern in particular the opportunity to upload his/her Graphic Pattern in order to make it available for sale, familiarize with the history of sales of his/her Graphic Patterns, manage of his/her Graphic Patterns, edit and complete data provided during registration.

    2. When you upload or send to the Service your Graphic Pattern, you keep all of copyright. Graphic Patterns uploaded to the Service are “for sale” unless you specifically mark them as public or private.

    3. Registration in the Service KUKA requires acceptance of Terms of Service for Customers and Terms of Service for Designer of Graphic Pattern and is tantamount to concluding a Service Provider Agreement between Designer of Graphic Pattern and Service Provider. By registering Designer of Graphic Pattern undertakes to comply with the provisions of these Terms of Service Designer of Graphic Pattern.

    4. As Designer of Graphic Pattern you can:

    1. upload Graphic Pattern to Service in order to make it available to sale and therefore earn through Service;

    2. use Service as Customer as described in Terms of Service (available on this website above).

    1. Owner of Account for Designer of Graphic Pattern is obliged to protect access to his account in Service.

    We trust that you provide us only true, accurate, current and complete information about yourself and, if necessary, promptly update it to keep it always true, accurate, current and complete.

    1. COPYRIGHT

    We respect the intellectual property rights of others. Therefore we ask you to do the same. Please note that we may terminate the account of Designer of Graphic Pattern if we have reason to believe that he/she is responsible for infringing the copyright or other intellectual property rights of others.

    All content available through the Service shall be protected under Polish Copyright Law (Act of February 4, 1994) and may be used by Designer of Graphic Pattern only to the extent necessary to use the Services.

    1. Designer of Graphic Pattern is responsible for Graphic Patterns uploaded to the Service. You must own the copyright to upload Graphic Pattern to the Service and use in the manufacturer of a product (You must confirm the copyright before loading the file and receive acceptance of Service Provider).

    2. If you do not own the copyright you must not upload Graphic Pattern to the Service.

    3. When you upload or send to the Service your Graphic Pattern, you keep all of copyright.

    4. Graphic Patterns uploaded to the Service are “for sale” unless you specifically mark them as public or private.

    5. If you decide to upload to the Service Graphic Pattern “for sale” you are giving us a perpetual, non-exclusive, non-transferable, worldwide license to use uploaded us Graphic Patterns on different types of fabric.

    6. If you decide to upload to the Service Graphic Pattern and define it as “for sale” you are giving us license to use Graphic Pattern in following fields of use:

    1. recording and reproduction (copying) of Graphic Pattern – production of copies of Graphic Pattern using a specific technique on fabric,

    2. trading in the original or copies of Graphic Pattern on fabric - marketing, leasing or renting of the original work or their copies,

    3. distribution of Graphic Pattern in any manner other than specified in point (b) above – public display of Graphic Pattern, as well as making the original Graphic Pattern or their copy/copies publicly available in such a way so as to enable access to them to anyone, at any time and any place,

    4. presenting Graphic Pattern in the mass media, including the Internet,

    5. using Graphic Pattern in any promotional and advertising materials.

    1. If you want to cancel license to use some define Graphic Pattern you may delete this very Graphic Pattern in your Account for Designer of Graphic Pattern. You can also do it by deleting your Account for Designer of Graphic Pattern.

    2. By using our Service you are granting us permission to reproduce Graphic Pattern uploaded or sent to our Service.

    3. Designer of Graphic Pattern declares that he owns all copyrights necessary to grant the license to the Service Provider.

    4. By uploading Graphic Pattern to our Service you are agreeing to the following:

    1. You have the legal right to reproduce, modify and use in a manufactured product  uploaded Graphic Pattern;

    2. Graphic Pattern does not infringe on copyright, trademarks or any other intellectual property rights;

    3. Graphic Pattern does not violate privacy laws;

    4. Graphic Pattern does not invade any individual’s right of privacy or celebrity;

    5. Graphic Pattern is not unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically, offending religious feelings or otherwise objectionable in opinion of Service Provider.

    Otherwise the administrator of the Service is entitled to remove the pattern Graphic Pattern.

    1. Service Provider have the right to placed on marketing and promotional materials; upload to the website and other websites where the Service Provider promotes his services (especially at Facebook, Pinterest and photos Instagram) photos of sold fabric with Graphic Pattern with no time limits.

    2. Customer is buying only copies of chosen Graphic Pattern, not original of Graphic Pattern. The ownership of original Graphic Pattern remains ownership of the Designer of Graphic Pattern.

    3. Designer of Graphic Pattern can simultaneously use Service as Customer and control whether or not his/her uploaded to the Service Graphic Pattern is private (uploaded only to print it on chosen fabric) or public (Service Provider can show this graphic pattern on marketing materials, e.g. on Facebook). Graphic Patterns uploaded to the Service are “for sale” unless you specifically mark them as public or private.

    4. By using our Service you agree to hold Service Provider free from any claims, damages, losses, liabilities and expenses incurred in relation to your actions taken in connection with the use of Service which can be subject to copyright infringement.

    5. Designer of Graphic Pattern is responsible for maintaining the confidentiality of the password and Account for Designer of Graphic Pattern and are fully responsible for all activities that occur under his password or Account for Designer of Graphic Pattern.

    6. Designer of Graphic Patter is obliged to keep safe his Account for Designer of Graphic Patter from the access unauthorized persons.

    7. You should assume that website and all software made available to you by Service Provider are protected by copyright or other proprietary rights. You are not entitled to transmit, copy, reproduce, publish, display, distribute, commercially exploit or create derivative works of such material and content.

    8. You are not allowed to, reproduce or distribute any website content without the express permission of the owner of the website content (Service Provider).

    9. If you have reason to believe there has been copyright infringement on your work please contact us at zapytaj@ku-ka.pl.

    1. SALARY

    1. Designer of Graphic Pattern receives Commission for each sale of his/her Graphic Pattern. Commission is 10% of the Price of fabric with his/her Graphic Pattern.

    2. Payment of Commissions to Designer of Graphic Pattern referred to in point 1 above, exempts Service Provider from any commitments relative to the Designer of Graphic Pattern.

    3. Total and current amount of Commissions is indicated in the Account for Designer of Graphic Pattern.

    4. Payment of the Commission will be not occur more frequently than once a month and only when total amount of Commission will be not less than 200 PLN.

    5. The payment of the Commission will occur based on the Designer of Graphic Pattern's issued invoices or bills (concerns Designer of Graphic Pattern who are natural persons and granted license to the Service without economic activities) within 7 days of receipt of the invoice or bill.

    6. The Commission for Designer of Graphic Pattern without economic activities will be reduced by the amount of the advance income tax paid by the Service Provider.

    1. LIMITATION OF LIABILITY

    1. Designer of Graphic Pattern can not take through the Service any unlawful activities, against provisions of these Terms of Service for Designer of Graphic Pattern and against good practices. Designer of Graphic Pattern can not use of data obtained through the use of the Service for illegal purposes.

    2. For the use of the Services in a manner inconsistent with these Terms of Service for Designer of Graphic Pattern or laws solely responsible is Designer of Graphic Pattern.

    3. Service Provider is not responsible for the lack of access or any other problems in the operation of the Service due to circumstances occurring solely through Designer of Graphic Pattern’s fault.

    4. Service Provider reserves the right to temporarily suspend or limit the functioning of the Services in connection with the necessary maintenance of the Service.

    5. Service Provider undertakes to make available in a timely manner about the planned date of interruption or limitation of Service and their duration. Service Provider undertakes to use all means to reduce to a minimum the time suspend or limit the functioning of Service.

    6. Service Provider shall not be liable for any damages suffered by Designer of Graphic Pattern as a result of given by Designer of Graphic Pattern outdated or inaccurate data, referred to in these Terms of Service for Designer of Graphic Pattern.

    7. Our services are provided on ‘as possible’, ‘as available’ and ‘as is’ basis. We assume no responsibility for the timeliness, deletion, mis-delivery of or failure to store any user content or settings. Also please feel informed that we cannot give you a guarantee of any kind - either direct or implied.

    8. To the maximum extent permitted by applicable law, we assume no liability for any errors, mistakes or inaccuracies of content, personal injury or property damage resulting from your access to or use of our service. We assume no liability for any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

    9. We assume no liability for any interruption or cessation of transmission to or from our service, any bugs, viruses, trojan horses or the like that may be transmitted to or through our service by any third party and any errors or omissions in any content or for loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the service.

    1. ADDITIONAL

    1. Data Controller of Designers of Graphic Patterns of KUKA is the Service Provider indicated in point 1 I these Terms of Service. We collect and use only information that are necessary to ensure the proper functioning of the Service and to ensure the proper execution of orders.

    2. Any disputes related to the services provided by Service will be settled by the appropriate courts of law.

    3. Rights and obligations arising from this agreement are regulated by provisions of Polish law.

    It is our goal to create a site that is accessible and useful to as many people as possible. If you ever have any questions about our Terms of Service, please do not hesitate to contact us at zapytaj@ku-ka.pl.


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