I. General

1.The internet platform operating under the JustBy.world domain available at https://www.justby.world is run by “HERC” Spółka z ograniczoną odpowiedzialnością Sp.K. with headquarters in Warsaw at ul. Chodkiewicza 3 lok. U1 (02-593 Warsaw), XIII Commercial Division of the National Court Register under the KRS number: 0000417170.

2.These regulations (“Regulations”) define the rules for the delivery of content and services on the JustBy internet platform, along with all attachment – including the Privacy Policy and Cookie Policy -constituting its integral part.

3.The Platform presents content on a various topics as well as promotional and advertising one, concerning the promotion of Polish regions as well as products, and services of third parties. The platform is a collection of information about niche events and places, creative groups and institutions. Local cultural and artistic initiatives. It is cultural tourism according to the chosen theme.

4.Diversity is a fundamental value of modern society. Bearing in mind respect for a diverse, multicultural society and with the emphasis on the policy of equal treatment on grounds of sex, age, disability, health, race, nationality, ethnic origin, religion, denomination, political belief, trade union membership, psychosexual orientation, identity gender, family status, scope and basis of employment, other types of cooperation and other premises exposed to discriminatory behaviour, our organization is committed to share content and promote creators, initiatives, activities and places in the spirit of tolerance and understanding, as well as equal treatment.

5.The User may browse internal resources of the Platform. Using Contact Form or “add place” feature send proposals for new places/events, which, after approval by Chef Editor, may be placed on the Platform.

6.We care about the readability and user-friendly interface of the Platform. We want it to be intuitive and easy to navigate. The Platform is adapted to mobile devices and works on popular web browsers. In addition, on the Platform, we provide audio-enabled content, taking into account the needs of people with disabilities.

7.Users are obliged to read the Terms and Conditions. By using the Platform, the User accepts the conditions specified in these Regulations and accepts the Privacy Policy and Cookies Policy.

8.The User is obliged to comply with the provisions of the Regulations available on the Platform.

9.Every User may use the Platform.

10.The use of the Platform is voluntary and no fees are charged for this.

II. Definitions

1.JustBy. Internet Platform operated by “HERC” Spółka z ograniczoną odpowiedzialnością Sp.K.

2.The Platform. An online, internet, platform run under the name JustBy. The platform is available at: https://www.justby.world

3.Platform Operator. “HERC” Spółka z ograniczoną odpowiedzialnością Sp.K. registered in Warsaw, ul. Chodkiewicza 3 lok. U1 (02-593 Warsaw), XIII Commercial Division of the National Court Register under the KRS number: 0000417170.

4.User. Any person with full legal capacity, a legal person or an organizational unit without legal personality that has legal capacity under separate provisions. The User may also be a person who does not have full legal capacity, under condition to obtain the consent of the legal representative to use the Platform, or acting without such a representative, provided that the use of the Platform does not exceed the legal possibilities of its independent functioning in the scope of undertaken activities.

5.Contact Form [Add place]. The possibility of sending by the Platform User, using contact form, a proposal for a new place / event, along with the possibility of adding photos of a given place and contact details.

6.Materials. Texts, photos, graphics, video materials, multimedia materials, digital content, etc., in particular constituting a work within the meaning of the Act on Copyright and Related Rights.

III. Scope and binding force of the regulations

1.These Regulations define the principles of operation of the Platform, including in particular:

• general rules of using the Platform,
• Users’ rights and obligations,
• obligations and responsibilities of the Platform Operator.

2.The Platform Operator shares the Regulations with the User free of charge on the website.

IV. Technical terms

The technical requirements necessary to use the Platform are as follows:

• having a device with the access to the Internet, equipped with an efficient operating system, e.g. Linux, Windows, iOS and
• installing on the device referred to in point above the latest, current version of a web browser that provides access to Internet resources, accepting cookies, i.e. Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome or another compatible.

V.Personal data and intellectual property

1.In accordance with Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection), the User agrees to the processing of personal data provided by the contact form through the Platform Operator.

2.The Platform Operator processes personal data in accordance with the Privacy Policy shared on the Platform.

3.User by accepting the Terms and Conditions agrees to the processing your own personal data.

4.The User declares that she/he is entitled to the copyrights to the Materials, which she/he sends via the Contact Form. By completing the Contact Form and sending the Materials, the User grants to the Platform Operator a free, non-exclusive and territorially unlimited license, to the Materials, for the time of duration of the Platform, and gives the consent to the Platform Operator to use these Materials in the following fields of exploitation, including in particular: production, reproduction, public reproduction and display, introduction to computer memory and computer network servers, placing in the Internet, as well gives the consent, to the content sent by the User, to modification and editing. In addition, by posting the Materials by the Contact Form, the User declares that the Materials are free from any physical and legal defects, as well as third party claims, and that she/he has all the rights and consents required by applicable law, in particular proprietary copyrights and the right to use the image, to that the Materials can be made available on the Platform and it will not violate any rights or goods of third parties and declares that the content and form of the Materials do not violate the applicable regulations.

5.JustBy and the Materials contained therein, including works, trademarks, databases, are subject to protection provided by the applicable law regulations, in particular in the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws 06.90.631, as amended), the Act of July 27, 2001 on the Protection of Databases (Journal of Laws 01.128.1402, as amended), the Act of June 30, 2000. Industrial property law (Journal of Laws 03.119.1117, as amended) and the Act of April 16, 1993 on combating unfair competition (Journal of Laws 03.153.1503, as amended).

6.All rights to the Platform and all its elements (including in particular software, functional layout, trademark, graphic identity / elements, databases and works presented within the Platform), with the exception of content coming from and distributed by Platform Users, belong to the Platform Operator or to entities cooperating with it and are subject to legal protection. In a case that the rights belong to the third parties, the Platform Operator presents works, trademarks and databases on the basis of relevant agreements concluded with these persons, in particular license agreements and agreements for the transfer of copyrights, or on the basis of applicable law regulations or consents expressed by the User as part of the Contact Form.

7.Using the Platform by Users does not constitute the acquisition of any rights to the Platform or its individual elements. The Platform Users, without the consent of the Platform Operator expressed in writing, under pain of nullity, may use the Platform Materials (including works made available within it) only for their own personal use (the so-called fair use), unless otherwise implicate applicable law.

8.In order to avoid doubts, apart from the reservations contained in the Rules and Conditions, the Platform Operator reserves that without its consent expressed in writing form, under pain of nullity, it is forbidden to further distribute any content from the Platform, expressed in any form.

VI. Rules of using the Platform

1. The User undertakes to use the Platform in a manner consistent with its intended purpose and not disturbing its functioning, including software or devices, as well as in a manner consistent with the Rules and Conditions, applicable law and general principles of using the Internet (netiquette).

2.The User is obliged not to deliver or transfer within the Platform (using the Contact Form):

• content prohibited by law, in particular content that is offensive, vulgar, inciting violence or other activities contrary to the law or good manners, or that violate personal rights and other rights of third parties (including those of a racist or discriminatory nature),
• content aimed at expressing an opinion on people, events or institutions, not covered by publications posted on the Platform,
• content only quoting fragments of texts contained in publications or other sources,
• so-called “chains of happiness”,
• personal data of third parties, their contact details and e-mail addresses,
• content containing false information, and
• unsolicited commercial information (spam) or any other advertising or promotional content.

3.It is forbidden for the User to provide illegal content and use the Platform services in a manner that is against the law, good manners and violating the personal rights of third parties or the legitimate interests of the Platform Operator.

4.If the User notices any errors, please contact us at redakcja@justby.world. Emails from Users that refer to errors (e.g. “Messages from Users” that refer to errors (e.g. “typos”), noticed in the content or other materials posted on the Platform, may be removed by the Platform Operator after updating and correcting the reported errors, in order not to mislead subsequent Users visiting the Platform.

5.The Platform User may, via the Contact Form, send to the Platform Operator a proposal for a new place, along with photos, in order to increase the database of places, institutions, initiatives, events etc., and thus – to promote a given place.

6.The Platform Operator reserves the right to choose/accept a new place sent via the Contact Form by the Platform User and place it on the Platform.

7.The Platform Operator does not allow copying, modification, distribution or using in any way of any works made available on the Platform, except for using them as part of the Platform.

8.The User who would like to use the content (in particular works) made available on the Platform to a wider extent than indicated in the Terms and Conditions, and has doubts to the permissible scope of using this content (including works), should contact the Platform Operator.

9.Modifying or blocking, without the consent of the Portal Operator, the content (in particular expressed in words, artistily, photographicly, musically, verbal-musically and audiovisual) presented on the Platform, may constitute a violation of applicable regulations, as well as the rights of the Platform Operator or other persons. This applies in particular to the use of tools for this purpose, such as web browsers or other applications, that can modify or block the content provided on the Platform, including advertising content.

VII. Liability of the Platform Operator

1.The Platform Operator undertakes to maintain the Platform uninterruptedly in order to be used by Users.

2.The Platform Operator is not responsible for errors or interruptions in the functioning of the Platform resulting from reasons beyond his control, in particular as a result of actions or omissions of Users inconsistent with the law, the Terms and Conditions, or general rules of using the Internet or due to force majeure.

3.The Platform Operator reserves the right to manage temporary interruptions in the functioning of the Platform, in particular in the event of the need to carry out repairs, maintenance, modernization or expansion of the systems supporting the Platform, about which the Users will be informed in advance.

4.The Platform Operator is not responsible for:

• any damage caused to third parties as a result of the Users’ use of the Platform in a manner contrary to the Therms and Conditions, as well as law regulations,
• information and materials, directly or indirectly related to the Platform, downloaded and sent via the internet by Users,
• loss of data by the User caused by external factors (e.g. software failure) or other circumstances beyond the control of the Platform Operator (third party actions),
• damages resulting from the lack of continuity of the Platform’s operation,
• providing by the User false or incomplete information in the Contact Form,
• other cases of non-compliance by the User with the Terms and Conditions of the Platform.

5.The Platform includes links (connections) to websites of the third parties or persons that are not owned by the Portal Operator. We make every effort to eliminate links to websites containing content contrary to applicable law, however, we cannot guarantee that this always happens, because we cannot take responsibility for the current content of websites over which, due to the specificity of electronic services and the possibility of the posting the content by various people (including the Platform users), we have no control. Therefore, the Platform Operator declares that: the Platform Users use websites and electronic services run by entities other than the Platform Operator, only at their own risk;

These rules do not apply to websites and electronic services provided by entities other than the Platform Operator; in this case, the rules specified by the entities – webs/services providers – are applied.

VIII. Complains

1.Users have the right to submit complaints regarding the malfunctioning of the Platform.

2.The complaint should be submitted in writing form via e-mail sent to the address biuro@herclab.agency or in the form of a registered letter sent to the address HERC LAB AGENCY ul. Chodkiewicza 3 / U1, 02-593 Warsaw.

3.It is recommended that the complaint contains the following data:

• the e-mail address or address of the User to which the User wants to receive a response to the submitted complaint, and
• a brief statement of the circumstances justifying the complaint (including an indication of what the complaint relates to).

4.The Platform Operator is obliged to consider the complaint within no more than 14 (fourteen) days from the date of its receipt. In the event of ineffective expiry of the above period, it is considered that the Platform Operator has accepted the complaint.

IX. Final terms

1.The Terms and Conditions comes into force on the date of disclosure on the Internet.

2.Any disputes between Users and the Platform Operator will be resolved amicably.

3.If no agreement is reached within 60 days of the dispute, it may be submitted to the common court having jurisdiction for the seat of the Platform Operator.

4.The Platform Operator has the right to unilaterally amend the Terms and Conditions.

5.The Terms and Conditions are based on the provisions of Polish law.

6.In unsettled matters in the Terms and Conditions, shall apply the provisions of the services by electronic means, the Act on personal data protection, the Civil Code, and other mandatory provisions of Polish law.