Terms of Service for Designers of Graphic Pattern
These regulations (hereinafter referred to as the “Terms of Service for Designers of Graphic Pattern”) describe rules for accessing and using services provided through the Website www.ku-ka.pl by designers (hereinafter referred to as "Service"). 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.
- GENERAL PROVISIONS
- „KUKA” Service is owned and run by: FHU PRZEMYSŁAW MATŁOKA, a company with registered seat in Poland, 88-100 Inowrocław, Hermana 10 Str., the National Official Register of Business Entities number PL5562553646, REGON: 340075552 (hereinafter referred to as "Service Provider").
- Terms of Service for Designers of Graphic Pattern define the rules for using the Service by Designers of Graphic Pattern.
- Service Provider is an administrator of Customer data.
- DEFINITIONS
- 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.
- 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.
- 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 Patterns. Access to Account for Designer of Graphic Pattern gives Designer an 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. Designer of Graphic Pattern can simultaneously use Service as Customer as described in separate regulations available on this website (Terms of Service for Customers).
- Service – Website www.ku-ka.pl, which allows Users, Customers and Designers of Graphic Pattern to use the Service.
- Service Provider - FHU PRZEMYSŁAW MATŁOKA, a company with registered seat in Poland, 88-100 Inowrocław, Hermana 10 Str., the National Official Register of Business Entities number PL5562553646, REGON: 340075552.
- Services - all services provided by the Service Provider to Users, Customers and Designers of Graphic Patterns through this website, in particular allowing.
- Users to view the Service,
- Customers to order the printing on a chosen material with copies of Ready Graphic Pattern, Own Graphic Pattern or Graphic Pattern to Modification,
- Designers of Graphic Patterns to upload his/her Graphic Pattern to Service in order to make it available to sale and therefore earn through the Service.
- Customer – natural person, legal person or entity without legal personality, having legal capacity, who can buy material 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 with acceptance of the rules described in Terms of Service for Designers of Graphic Pattern.
- User – each visitor of Service: natural person, legal person or entity without legal personality, having legal capacity.
- Commission - a commission of 10% of the Price received by the Designer of Graphic Pattern after Service sells material with copy of his/her Graphic Pattern.
- Price - price of the material which depends on the type of material and the size of the printable area. All prices of the website are gross prices.
- Registration – registration in the Service, involving the acceptance of these Terms of Service for Designer of Graphic Pattern and administration of 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.
- Terms of Service for Designer of Graphic Pattern - terms of service defines the rules for using the Service by Designer of Graphic Pattern.
- Material – a physical matter suitable for printing the Graphic Pattern offered by the Service, especially fabric, cloth, wallpaper, paper, stickers, covering.
- TERMS OF USE
- 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. If you do not agree you should not use the Service.
- Use of the services through the Service requires Registration. Registration relies on completing the appropriate form in the "Registration” tab.
- After completing the appropriate form in the "Account for Designer” Designer of Graphic Pattern should upload minimum 3 different Graphic Patterns and then wait for acceptance from the Service Provider.
- After Service Provider’s acceptance designer can use all the services in the Service, in particular upload and delete any number of Graphic Designs.
- 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 both of Terms of Service for Customers and Terms of Service for Designer of Graphic Pattern.
- As Designer of Graphic Pattern you can:
- upload Graphic Pattern to Service in order to make it available to sale and therefore earn through Service;
- use Service as Customer as described in Terms of Service for Customers.
- 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 with true, accurate, current and complete information about yourself and, if necessary, promptly update it to keep it always true, accurate, current and complete.
- 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 4 February 1994 on Copyright and Related Rights) and may be used by Designer of Graphic Pattern only to the extent necessary to use the Services.
- Designer of Graphic Pattern is responsible for uploading Graphic Patterns to the Service. Designer must own the copyright to the uploaded Graphic Pattern and must confirm the copyright ownership before uploading the file.
- Graphic Pattern will be visible on Designer’s Account after acceptance from Service Provider.
- Do not upload Graphic Pattern to the Service if you do not own the copyright to the pattern.
- When you upload or send to the Service your Graphic Pattern, you keep all of copyright. You can mark each Pattern as “for sale”, and make it public or private. Graphic Patterns uploaded to the Service are marked as “for sale” by default unless you specifically mark them as public or private.
- 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 Graphic Patterns on different types of materials. You are giving us license to use Graphic Pattern in following fields of use:
- recording and reproduction (copying) of Graphic Pattern – production of copies of Graphic Pattern using a specific technique including digital techniques and printing techniques on any material;
- trading in the original or copies of Graphic Pattern on material - marketing, leasing or renting of the original work or their copies, saving on computer hard drives and servers;
- 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; presenting Graphic Pattern in the mass media, including the Internet, using Graphic Pattern in any promotional and advertising.
- If you want to cancel license to use for a specific 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.
- By using our Service you are granting us permission to reproduce Graphic Pattern uploaded or sent to our Service.
- By uploading Graphic Pattern to our Service you are declaring the following:
- You have the legal right to reproduce, modify and use the uploaded Graphic Pattern in a manufactured product. Graphic Pattern does not infringe on copyright, trademarks or any other intellectual property rights,
- Graphic Pattern does not violate privacy laws and it does not invade any individual’s right for privacy,
- Graphic Pattern is not unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, hateful, racist, ethnically offending, 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
- Service Provider has the right to place photos of sold material with Graphic Pattern on marketing and promotional materials; upload it to the website and other websites where the Service Provider promotes his services (especially at Facebook, Pinterest and photos Instagram) with no time limits.
- Customer is buying only copies of chosen Graphic Pattern, not original of Graphic Pattern. The ownership of original Graphic Pattern belongs to the Designer of Graphic Pattern.
- 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. Designer of Graphic Pattern is obliged - without any additional fee – to take any action necessary to free the Service Provider from any claims, and cover all the fees, costs and damages required.
- Designer of Graphic Pattern can simultaneously use Service as Customer as described in separate regulations available on this website (Terms of Service for Customers) and mark uploaded Designs as private (available only for one private printing order on material) or public (Service Provide can share the Design Pattern on promotional materials, e.g. on Facebook). Graphic Patterns uploaded to the Service are marked as “for sale” by default unless you specifically mark them as public or private.
- Designer of Graphic Pattern is responsible for maintaining the confidentiality of the password and Account for Designer of Graphic Pattern and is fully responsible for all activities that occur on his account when his password is used. Designer of Graphic Patter is obliged to keep his Account for Designer of Graphic Pattern safe from an unauthorized access.
- Service Provider has right to suspend or delete an Account for Designer of Graphic Pattern if he has a reasonable assumption of violating property rights of others or Terms and Conditions of using the Service infringement.
- You should assume that website, website content 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.
- You are not allowed to reproduce or distribute any website content without the permission of the owner of the website content (Service Provider).
- If you have any reason to believe there has been copyright infringement on your work please contact us at [email protected].
- SALARY
- Designer of Graphic Pattern receives Commission for each sale of his/her Graphic Pattern. Commission is 10% of the Price of material.
- 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.
- Total and current amount of Commissions is indicated in the Account for Designer of Graphic Pattern.
- Payment of the Commission will not occur more frequently than once a month and only when total amount of Commission will be not less than 200 PLN.
- 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 14 days from receipt of the invoice or bill.
- 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.
- LIMITATION OF LIABILITY
- It is strictly forbidden for Designer of Graphic Pattern to use the Service for 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 the data obtained through the use of the Service for illegal purposes.
- Designer of Graphic Pattern is solely responsible for any actions taken against him as a result of using f the Services in a manner inconsistent with these Terms of Service for Designer of Graphic Pattern or law.
- 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.
- 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.
- Service Provider is not responsible for any damages resulting from incorrect, inaccurate or outdated information provided by Designer of Graphic Pattern.
- Service Provider reserves the right to temporarily suspend or limit the functioning of the Services in connection with the necessary maintenance of the Service. Service Provider undertakes to use all means to reduce to the minimum the time of such maintenance.
- ADDITIONAL
- Controller for data of Designers of Graphic Patterns in KUKA is the Service Provider indicated in point 1 I in these Terms of Service.
- Your privacy is important to us. We collect and use only information that is necessary to ensure the proper functioning of the Service and to ensure the proper execution of orders.
- Any disputes related to the services provided by Service will be settled by the appropriate courts of law.
- Rights and obligations arising from this agreement are regulated by provisions of Polish law, in particular the Polish Civil Code (Act of 23 April, 1964 as amended) and Act of 4 February 1994 on Copyright and Related Rights.
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
[email protected].