Terms of Service

Terms of service "MANIFO" website editor rules and regulation of use. (Terms of service of providing electronically supplied services) as of August, 30 2010.

§1 General provisions

The „MANIFO.COM” website builder is available at www.manifo.com and is an Internet platform, which is operated by 2MP Sp. Z O.O. (Limited Liability Company) with its seat in Kraków, ul. Młodej Polski 8, entered into the Polish Business Register of the National Court Registry maintained by the District Court for Kraków Śródmieście in Kraków XI Commercial Division of the National Court Registry under the KRS (National Court Registry) number 0000333254, with the NIP number (Tax Identification Number): 678-30-88-970, having a share capital of 5.000 PLN (five thousand zlotys).
The Terms of Service specify the type and terms of supply of electronically supplied services by the 2MP sp. Z O.O. and the use of the „MANIFO.COM” website builder, rights, duties and scope of responsibilities of the parties as well as conditions of concluding and dissolving the agreements concerning such services, as well as the mode of complaint procedure.
The condition of using the services is knowing precisely the content of the Terms of Service as well as accepting it.

§ 2 Applicable Terms of Service

To matters not regulated by Terms of Service stipulated herein on providing electronically supplied services and in particular on making electronic declarations of intention, provisions of the Civil Code and the Act of 18 of August 2002 on providing services in electronic form (Dz. U. (Poland's Journal of Laws) No. 144, item 1204) and other acts shall be applied.
The Agreement concluded between the Company and the User is subject to Polish Law.

§ 3 Definitions

The names used herein should be understood as follows:

Company or Operator - 2MP Sp. z o.o. with its seat in Kraków, ul. Młodej Polski 8, entered into the Polish Business Registry of the National Court Registry maintained by the District Court for Kraków Śródmieście in Kraków XI Commercial Division of the National Court Registry under the number KRS 0000333254, having the number (Tax Identification Number) NIP 678-30-88-970, with the share capital of 5 000 PLN (five thousand zlotys).
User – a legal person, an organizational unit without legal personality or a natural person having full capacity to perform acts in law, who has obtained access to the services through registration on the Website. The User can also be defined as a natural person having limited capacity to perform acts in law (a minor above 13 years of age as well as a partially incapacitated person), under the condition of obtaining a consent from the legal representative sent to the company’s address;
Data or Content – the entire content especially files, texts, links, messages, pictures, videos, graphics, entries, sounds, presentations, commentaries, logos and trademarks, codes, and computer programmes and all products without regard to form of their presentation;
Personal Data – personal data as specified by the Act of 29 of August 1997 on the protection of personal data (unified text Dz. U. 2002 No. 101 item 926 as amended), so information relating to an identified or identifiable natural person;
Consumer – natural person performing a legal act not related directly to his economic or professional activity;
Account - available to the Users after Registration on the Webite after proper logging to a Website part allowing for gathering and modifying its Personal Data, within which the User is granted a place on the server, which the User can use to create and maintain the Sites, introducing Data and administering the Data and using other Services provided by the Website.
Login or User Name – row of signs introduced by the User on Registration on the Website stage, enabling later identification of the User while using the Website.
Website – Internet web page run by the Company under the domain manifo.com, which makes available the tools to create your own, independent web page and its online upgrading according to principles specified herein.
Site – collection of thematically connected and placed on one server web pages known also as Internet/WWW site, Blog, Forum, or Portal etc., created with the use of Services provided by the Website.
Domain - a unique string of characters, which is or can be registered by the domain name registrar, composed of a selected name and an extension.
Subdomain – part of the Internet address located between the prefix "http://" and the domain „manifo.com”, which is a part of the main domain or a higher level domain.
Terms of Service – this document specifying the rules of using the Website including in particular the rights and duties of the Users and the Company along with the attachments constituting its integral part.
Spam – electronic messages (commercial in particular) sent via electronic mail, as well as placed in other places on the Site, to the reception of which a recipient has not previously agreed;
Agreement – an agreement on providing electronically supplied services concluded between the User and the Company at the moment of Registering on the Website, of the content corresponding to the Terms of Service and specification stipulated on the Website and the Account;
Service/Services – all services of the Company toward the Users performed within the framework of the Agreement and made available through the Website, including the Internet Site Editor, Site Administrator, Account;
Paid Services – Services specified on the Website and on the Account, for which the Company collects remuneration;

§ 4 Website terms and conditions of use

In order to use the Services provided by the Company via the Website prior registration is needed.
In order to use the Website a User needs to have a device enabling Internet access, including a programme used for browsing its content, accepting cookies and an e-mail account. The User is bound to bear the costs related to obtaining Services, including telecommunication, banking and postal costs, purchase of the equipment, purchase of the equipment and software to use the Services, designing websites and computer system configuration.
Every Website User is bound to observe the Terms of Service contained herein.
The content of the Terms of Service contained herein might be preserved by the user through printing, copying to a storage device or downloaded at any time from http://manifo.com/terms-of-service.html.
The Company grants the User a non-exclusive right to use the information contained in the Website, according to the provisions of the Act dated 4 February 1994 on the copyrights and ancillary rights (Dz. U. 2006 No. 90 item 631 as amended).
The name of the Website, its concept, graphic looks, logo, software and data base are legally protected.

§ 5 Conclusion of the Agreement

The Agreement is concluded with the Users Registration on the Website.
The Agreement is concluded for an indefinite period.
By concluding the Agreement the User expresses his consent for the onset of service supply prior to a lapse of a 10-day period from conclusion of the agreement, therefore the User who is a Consumer does not have the right to terminate the Agreement on the basis of the article 10 section 1 of the Act on protection of various consumer’s rights and on responsibility for the loss caused by a dangerous product (Dz. U. 2000 No. 22 item 271 as amended).
Website Registration is performed through filling in a form available at the following address: http://pl.manifo.com/rejestracja and accepting the provisions of Terms of Service. The Registration is considered executed the moment the provisions of the Terms of Service are accepted
During the Registration on the Website, the User provides the following Data:
- e-mail address
- password,
- additional Data of demographic nature.
Terms of Service acceptance by the User is tantamount to making the following statement:
- I have the capacity to incur liabilities on my own behalf/ on behalf of the User;
- I have read the Terms of Service, I accept all of its provisions and I pledge to observe them;
- I have started to use the Website Services out of my own free will;
- I agree to obtain e-mails from the Company as well as information on difficulties, changes or technical breaks in the operation of the Website on the address stated in the Account;
- I express my consent on processing my Personal Data by the Company, provided in the registry form and possibly changed or amended during the use of the Website, in order to study the quality and satisfaction of the customers and analyze the market, including the behaviour and preferences of the Users, with the use of the results of the study to improve the quality of Services provided in the Website.
- I have been informed on the purposes of processing Personal Data specified in §6 of the Terms of Service and on the fact that providing the data is voluntary, as well as on the right to accessing the Personal Data and correcting them.
The User is obliged to provide in the registration form true Personal Data.
The User consents to collecting, accumulating, and processing of the following technical and technological data by the Operator
- IP address,
- url address,
- Internet address, from which the User went to the Website,
- type of a browser used by the User,
- other data transferred through the http protocol.
The user expresses his consent for the Operator to store on his computer small text files (known as cookies) necessary for a proper providing of Services by the Operator. These files do not collect Personal Data, do not change the computer’s configuration, do not serve to install or uninstall any computer programs, viruses, trojan horses, do not interfere with the integration of the system or User data, are not stored by other Internet sites and can be at any time removed by the User.
After Registering on the Website an Account is created.
In case of death of the User who is a natural person or liquidation of the User being either a legal person or organizational unit without legal personality, the Agreement expires, while the User Account is removed following a notification to the Customer Service Department via a contact form available at: http://manifo.com/contact-us.html

§6 Personal Data and privacy policy

The Company, which processes Personal Data, according to the Terms of Service included herein and the provisions of law, including, in particular the provisions of the Act of 29 of August 1997 on the protection of personal data (unified text, Dz. U., 2002, No. 101, item 926, as amended) and the Act of 18 July 2002 on providing electronically supplied services (Dz. U., No. 144, item 1204, as amended) is The Administrator of User Personal Data.
The company processes the Personal Data of the Users in order to:
- create and shape the content of the Agreement, introduce changes, solutions and proper provision of Services and also to settle finances with the User;
- to perform marketing research of own products and services;
- to control quality, clients' satisfaction and analyze the market including studying of behaviour and preferences of the Users with subsequent use of that information to improve the quality of Services offered on the Website;
In the case when the Company obtains the information on the User using the Services in a way that violates the Terms of Service or provisions of law, the Company has the right to process the Personal Data of the User in order to establish his responsibility, as well as convey the Personal Data to a proper public authority.
The Company who is the administrator of Personal Data protects the Personal Data of its Users. Personal Data provided by the Users can be processed for the purposes specified above in section 2 only by the Company and entities authorized by it. The User has the right to have insight into his Personal Data and the right to amend them.
With the meaning of the Act of 29 of August 1997 on the protection of personal data (unified text, Dz.U. 2002, No. 101, item 926, as amended) and the Terms of Service, the Personal Data protection does not apply to persons having legal personality, organizational units without legal personality and, in the scope of their business activity, natural personas who are entrepreneurs.
Providing Personal Data by the User is absolutely voluntary. The Operator does not verify the provided Personal Data, but reserves the right to refuse providing certain Services without providing by the User specific Personal Data (this might pertain to participation in organized competitions and special offers for Users). The User shall be informed each time on the necessity to provide these Personal Data.
The Company collects Website Users' Personal Data files.
The Company is entitled to grant access to the Data and Personal Data only to entities authorized under appropriate legislation. The Company does not make the Data and Personal Data available to other entities against the law.

§ 7 General conditions of providing Services, types of provided Services

The Website is to be used by Users.
The Company provides the following Services through the Website:
- access to the Account – A service based on providing the User, via the Data given by the User during Registration on the Website, the possibility to order and use other Website Services, modifying the parameters of already provided Services, control of the settlements with the Website, obtaining information on the Services ordered by the User on the Website, as well as the possibility of insight into and correcting the Personal Data;
- Site Editor – A Service enabling the Users creating advanced websites (e.g. social networks, portals, blogs, forums etc.) and company sites;
- Disc space – A Service granting the User a server place, in order to place the created Sites and their Data on that space and store e-mails;
- Monthly Data transfer – maximal amount of information for the Site (measured in bits), which can be transferred during a month,
- Site Administrator – A Service enabling the Data management, and in particular, adding, changing, removing from the Site
- Making the Subdomain available – A Service based on the possibility of selecting by the User a name for created Site;
- Own domain – A service enabling the use of own Domain, under which the Site created will be visible on the Internet;
In exchange for Services provided on the basis of the Agreement the Company is entitled to place adds and Company mark on every User Site in accordance with § 10 and § 11
The Company informs the Users on services' specification including information on their parameters and functionality via the Website and the Account
The Company reserves the right to choose the form, time and technical characteristics and the way of granting access to Services and introducing new functionalities.
The Company reserves the right to introduce Paid Services. In the case of introducing Paid Services, they will be provided by the Company to the Users exclusively after submitting an instruction and issuing payment.

§ 8 Account

Every User is free to have any number of Accounts, in which he can set up any number of Sites.
In the Account, the User can obtain access to Site Editor and Site Administrator, templates, defined disc space on the server and Monthly Data transfer for a given Site.
The User is only responsible for the confidentiality of the password and other Data making it possible to log in to the Website and bears full responsibility for all actions done within his Account.
The User is bound not to use the Account, Login and Passwords of other Users and not to reveal to third persons his own Account, Login and Password and in any other way not to create danger for the security of his own Account. The User is bound to immediately inform the Operator on any illegal use or attempt to use his Account, password, or on the danger of such a use.

§9 Subdomain

During the creation of the Site, observing the provisions contained herein, the Operator grants the User the possibility to select a Subdomain for his own Site (e.g. mysite.manifo.com) from available Subdomain names.
It is prohibited to use Subdomain names violating in any way rights of third parties, principles of conduct in society, legal order or provisions of Terms of Service contained herein, and in particular those Subdomain names including:
- vulgar, offensive, discriminating, invoking hate or animosity expressions;
- trademarks, signs, names etc protected on the basis of binding regulations, if the User does not have appropriate rights to use them in this scope.
The Owner of the Subdomain is the Operator, who grants the User a free of charge license to use the Subdomain for the period of the Agreement’s validity.
The License empowers to use the Subdomain exclusively within the Website.
The granted License is non-exclusive, non-transferable, with the exclusion of right to grant sub-license and is not limited territorially. The License can be terminated at any time with a 7 day notice or without notice with immediate effect in case of violation of the Terms of Service.
The abovementioned License expires no later than at the moment of the termination of the Agreement.
The User, within the limit of the binding regulations and provisions of the Terms of Service, bears full responsibility for all actions, which will appear on the Site using the Subdomain of his choice.
The user bears full responsibility for the choice of the Subdomain.
The User at any time can use the Own Domain Service.

§ 10 Advertisements

The Company is entitled to sell, place and publish advertisements of third parties on each User Page.
Within available possibilities defined in the computer system of the Website, the User may select type, form and location of the advertisement contemplated in this section.
Shall the Monthly Data transfer limit be exceeded the Company is entitled to increase fivefold the number of codes (advertisement space) on the page which exceeded Monthly transfer limit.
The Company shall not be liable for the manner of presenting advertisements and their content.
The User is entitled to sell, place and publish advertisements of third parties on the page he created.

§ 11 Site marking

The Company has the right to place Site marking on each User Page. This marking may include trademarks or other Data of the Company, as well as information on services it provides and Site link.
The selection of type, form and place for marking User Page is to be determined by the Company.

§ 12 Data

The User, within boundaries set by legislation in force and Terms of Services’ provisions is fully liable for all transferred, broadcast, made available, published Data as well as Data distributed via the user-created Site in any other manner.
The User is obliged to immediately remove all Data transferred, broadcast, made available, published or distributed via the Site in any other manner which breach the provisions of these Terms of Service or the provisions of legislation in force.
The Company is not obliged to monitor nor exercise control over Users’ Sites, including: Data transferred, broadcast, made available, published or distributed via the Site in any other way.
The Company shall not be liable for any damage resulting from using Data transferred, broadcast, made available, published or distributed via the Site in any other way.
The Company is entitled to delete or block all Data breaching the provisions of these Terms of Service or the provisions of legislation in force.
The User may place links to other websites or Internet resources on created Sites. The User accepts that the Company is not liable for availability of such external websites or resources and does not bear responsibility for the content, advertisements, products and other materials accessible from such websites or resources. The User accepts and agrees that the Company is not liable directly or indirectly for damage or loss resulting from or allegedly caused by using or relying on such Data, products or services available via such websites or resources.
The User warrants, represents and ensures that:
- he is entitled to use Data for the purpose of their transferring, broadcasting, making it available, publishing and distributing in any other way via the Site he created,
- he is entitled to grant license to the Company for using Data transferred, broadcast, made available and distributed in any other way via the Site he created within the scope specified in these Terms of Service, including without limitations section 11 of this paragraph,
- transfer, broadcasting, publishing and making available as well as distributing Data in any other way via the Site he created, does not infringe third party rights, provisions of these Terms of Service and legislation in force.
The User, within the boundaries set by legislation in force and the provisions of these Terms of Service is fully liable for any actions and activity to take place on the Site he created.
The User who is going to provide electronic services via his Site is obliged to fulfil all requirements arising from the provisions of law; in particular he shall have and publish appropriate Terms of Service.
Subject to section 11, the Company shall not acquire any rights to Data transferred, broadcast, made available, published or distributed in any other way via the Site.
The User grants the Company for an indefinite period with a free of charge, non-exclusive, transferrable, territorially not restricted license, together with the right to grant sublicenses, using the Site and Data transferred, broadcast, made available, published or distributed in any other way via the Site, within all operation fields known at the moment of the conclusion of this Agreement, in particular those indicated in art. 50 Act of 4 February 1994 (Dz. U. 2006, No. 90, item 613 as amended) on copyright and ancillary rights. In the abovementioned scope the license encompasses the right to execute derivative copyright. This license is limited exclusively to presentation, promotional and advertising purposes of the Website.

§ 13 Bans and restrictions

Any action of the User and of other people acting on his order as well as transferring, broadcasting, making available and distributing via the Site in any other way of Data which breach the law, accepted principles of morality or third party rights is prohibited.
In particular prohibited Data and actions include those Data and actions which:
- constitute or might constitute or lead to crime;
- include the following content:
  - pornographic,
  - disseminating or inciting to hate, intolerance, racial hatred, fascism or discrimination because of one’s nationality, religion, political opinions and so on ,
  - offensive, libellous, slanderous, degrading or infringing publicity right of third parties in any other way,
  - Infringing third party rights, including in particular intellectual property rights, rights to trademarks and so on.
- contain information referring to other websites including content mentioned above or breaching the provisions of the Terms of Service in other way;
- lead to intended by the Internet user opening of websites;
- hinder, destabilize, damage or lead to excessive traffic overflow on the Website;
- involve a request from other person to provide Data in order to log on to the Website or other Internet sites;
- lead to deletion, blocking or hindering in other ways of presenting advertisements, logos, foot shown by the Operator unless the User has access to proper Paid Services which allow him to take such actions;
- lead to dissemination or making available of any files or program codes of damaging or destructive nature – in particular such as viruses, trojan horses, worms, hyperlinks to such content;
- lead to unauthorized access to or dissemination of files or placing hyperlink to music files, graphical literary texts, computer software or any other products protected by copyrights
- breach fair competition principles, including unfair Sites positioning in web browsers;
- mislead the Company or Site’s or Website’s visitors as regards their owner, managing authority, origin or Data, products and services presented;
- lead to providing the Company with false Personal Data, untrue data indicated in the Registration procedure on the Website or creation of Account with other entity’s data without its consent;
- lead to making the Account accessible to other entities;
- lead to dissemination of unordered commercial information as well as spam by means of any medium (e-mail, discussion lists, discussion groups, instant messengers, IRC etc.);
- promote the Site on the chain letter Internet site or other site allowing mass transfer of data;
- include descriptions of products or services, category names, META elements and URL addresses containing offensive, misleading content contrary to good practice and in breach of Operator’s and third party rights;
- constitute unfair market practices within the meaning of act of 23 August 2007 on counteracting unfair market practices (Dz. U. No. 171, item 1206);
- facilitate or encourage infringing Terms of Service.
It is prohibited to use the Website in a manner which is contrary or unsuitable to its purpose or designation.
In case of establishing that the User committed actions or used Data in breach of Terms of Service the Company has the right to:
- terminate the Agreement with immediate effect and delete the Account
- block the Account, Data or the Site.

§ 14 Liabilities

The Company shall not be liable for any Data transferred, broadcast, made available, published and distributed in any other way via the Site.
In the event of a third party laying a claim against the Company referring to the breach by the User while using Services of third party rights, principles of good practice, legislation in force or the provisions of the Terms of Service the User is obliged to release the Company from all performances associated with the claim and redress to the Company damage resulting from the breach mentioned above.
Liability contemplated in section 1 refers in particular to:
- Using any Data which violate the law or the provisions of the Terms of Service;
- Using Data in a way which violates the law or the provisions of the Terms of Service;
- Selection and use of Subdomain’s name in a way which is against the law or the provisions of the Terms of Service,
- Using Services in any other way which is against the law or the provisions of the Terms of Service.
The User, in the event specified in section 1, is obliged to return to the Company all expenses associated with the breach, in particular the cost of court fees, stamp duty and legal counselling fees.

§ 15 Termination of the Agreement, blocking or deletion of the Account, Data or Site

Account’s deletion equals termination of the Agreement with the User.
Blocking of the Account consists in suspending the rights of the User vested in him under Electronic services provision Agreement for an indefinite period.
Blocking or deletion of User Account, Data or Site by the Company may be effected in the following situations:
- if the User breaches the provisions of the Terms of Service,
- if the User takes actions to the detriment of other Users or the Company,
- if Data adversely affecting the functioning of the Website are placed on the Account,
- if the User has not logged on to his Account for 180 consecutive days,
- if a User without full legal capacity and the required consent of statutory guardian registers to the Website and the Company shall have justified reasonable doubts in this respect,
- if twice the monthly Data transfer limit attributed to a given Site of the User is exceeded.
Shall the Account be blocked or deleted by the Company, new account opening requires the Company’s prior consent.
The Account may be unblocked via complaint procedure if it is positively considered by the Company.
Data are deleted after the lapse of 90 days from the moment the Agreement is terminated.

§ 16 Reservations, exclusion of liability

The Company shall be obliged to ensure the highest quality of Services provided. The Company shall not be liable for disturbances in Website’s functioning resulting from the fault of other entities.
In order to perform Services with due care the Company has the right to update, change and upgrade software on the server, about which it is obliged to inform the User in advance via electronic mail. The Company moreover reserves the right to make possibly short technical breaks in Website’s functioning at the time of lowest traffic which are linked to maintenance and operation of computer systems, about which the Company is obliged to inform the User in advance via electronic mail.
The Company shall not be liable for temporary inaccessibility of the Website and Services resulting from:
- performing updates changes and upgrades in the system and performing maintenance work;
- act of god;
- acts or failure to act of third parties, equipment malfunction, even if this would cause a loss of Data;
- inappropriate use of Services;
- using information authorizing the User access to the Account through third parties or illicit interference of other Users.
The Company bears no responsibility for actions of the User and Data transferred, stored or made available by the Users through Website or Site. The contents placed by the Users are not the views of the creators of the Website. The Company reserves the right to: editing, shortening or removing contents or photographs prohibited by law, vulgar, offensive or in any way violating the principles of community life. The User placing prohibited contents might be liable to penal responsibility towards the Company or other persons.
The Company does not bear any responsibility in case of claims directed towards it by third parties related to Data, transferred, send, made available, in any way through the Site. Responsibility in this scope is born only by the User, who used the contentious Data.
The Company does not bear responsibility for the lost benefits.
Limitations and exclusions mentioned above on section 1. Section 3 letter c) and, section 6 do not apply in relation to the Users who are Consumers.

§17 Complaints

All disturbances in the functioning of the Website are to be mentioned by the User through filing a complaint to the Company.
Lodging a complaint is to take place in writing to the address of the Company or through the electronic mail to the contact address: contact@manifo.com
The filed complaints are to be considered by the Company within 14 days from the day of filing the complaint. The Company reserves the right to leaving the complaint without considering it, if the complaint results from the lack of knowledge of the Terms of Service or provisions of law.
The Company reserves the right to interfere in the Account of the User in order to remove malfunctions in the operating of the Website or problems in the functioning of the Account.
The Company leaves without consideration the filed complaints pertaining to services performed by third persons with the Use of the Website’s functions. The Company does not have the responsibility of transferring the complaints to the proper entity to consider the complaint.

§18 Changes to the Terms of Service

The Company reserves the right to changing the Terms of Service without the necessity of justifying the right to change the Terms of Service.
If changes are made to the Terms of Service the Company shall immediately inform the Users of that fact through e-mail and through the publishing of a uniform text of the Terms of Service on the Web Site pointing to the date of its entry into force.
In the case of lack of acceptance of the introduced changes the User can up to the moment stated in the message sent by the Company terminate the Agreement by deleting his Account according to the provisions of §19. If the User does not use the above mentioned right, the changed Terms of Service enter into force in the time specified in the above mentioned notification.

§ 19 Final Provisions

The Terms of Service are available at: http://manifo.com/terms-of-service.html
In case any provisions of the Terms of Service turn out to be or become invalid or void, the remaining provisions shall remain binding to the parties. In place of the invalid or void provisions the parties introduce new provisions fully effective. In case of lack of understanding the appropriate provisions of law shall apply.
The transfer of rights resulting from the Agreement to a third person requires a prior written consent of the Company expressed in the written form under pain of nullity.
The User might terminate the Agreement at any time without giving reasons.
Termination of the Agreement is based on sending information on terminating the agreement to the following address: contact@manifo.com
The termination of the Agreement by the Company can be effected in cases pointed out in the Terms of Service and maintaining a 14 day notice period.
In the case of a dispute resulting from the implementation of the Aagreement concluded between the Company and the User, the court competent for dispute resolution is the court competent for the seat of the Company. This restriction does not apply in relation to Users who are consumers.
The place of performing services is the Operator’s seat.
The Terms of Service has been executed in the Polish language and counterpart in the English language. In the case of any discrepancies between the Polish and the English version, the Polish version shall prevail.