Términos

The terms works from 1st June of 2024.

I. General provisions

1. These regulations define the scope and principles of operation and electronic provision of the service of access to the "I must visit" Website, provided by PERFECTCLUE Sp. z o.o., with headquarters in Rzeszów, ul. Zimowit 42, 35-605 Rzeszów, Poland, entered into the Register of Entrepreneurs operated by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under the number: 0000986621, NIP: PL8133882813, REGON: 522791227 via the Website located at: https://imustvisit.com.
2. The Service Provider reserves the right to make changes to these Regulations. The Service Provider will immediately inform about changes to the Regulations by making appropriate announcements via the Website https://imustvisit.com at least two weeks before the changes become effective.
3. Communication between the Service Provider and the Service Recipient, including the submission of all declarations of will by the Service Recipient, takes place in electronic form via the e-mail address: [email protected].

II. Definitions.

1. For the purposes of these Regulations, the following definitions apply:
   1. Service Provider - an entity providing services electronically via the https://imustvisit.com Website, i.e. PERFECTCLUE Sp. z o.o., based in Rzeszów, ul. Zimowit 42, 35-605 Rzeszów, Poland, entered into the Register of Entrepreneurs operated by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under the number: 0000986621, NIP: PL8133882813, REGON: 522791227.
   2. Service Recipient - a natural person, a legal person or an organizational unit without legal personality who registers on the "I must visit" Website. The Service Recipient may also be a representative of public entities, including local government units, states and cultural institutions. Service Recipients are divided into Registered Service Recipients and Unregistered Service Recipients. If these Regulations refer to the "Service Recipient", it means both Registered Service Recipients and Unregistered Service Recipients.
   3. Registered Service Recipient - a Service Recipient who has registered on the Website in the manner described in detail in point IV.
   4. Unregistered Service Recipient - a Service Recipient who has not registered on the Website.
   5. Website - website located at: https://imustvisit.com.
   6. Third Parties - natural persons, legal persons or other organizational units conducting business activities whose Commercial Information may be posted on the Website.
   7. Commercial Information - commercial information within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2020, item 344).
   8. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
   9. Service - a service provided to the Service Recipient by the Service Provider, described in detail in point V.
   10. Agreement/contract for the provision of services by electronic means - an agreement between the Service Provider and the Service Recipient, concluded in the case of Registered Service Recipients by registering on the Website, and in the case of Unregistered Service Recipients by starting to use the Service.
   11. Video - videos presented on the Website, which can be added by Registered Service Recipients, showing places from various locations around the world.
   12. Nick - a set of characters specified in detail in point IV.2, selected by the Registered Service Recipient and identifying him/her.
   13. Service Recipient's Account - a set of resources and settings created for the Registered Service Recipients after registration.
   14. Profiles of places - a set of resources on the Website related to a specific country, region, city or place.

III. Unregistered Service Recipients.

1. Unregistered Service Recipients have access to materials published on the Website. Unregistered Service Recipients cannot add Videos to the Website.
2. The contract with the Unregistered Service Recipient is concluded when the Unregistered Service Recipient uses the Service offered by the Service Provider, i.e. when opening the Website and/or playing any Video available on the Website.

IV. Registered Service Recipients.

1. Registered Service Recipients register on the Website by providing the following data: e-mail address, nick, name and password, as well as selecting the country.
2. The Service Recipient's nick may consist of the following characters: lowercase letters of the Latin alphabet from "a" to "z" (without Polish characters), Arabic numerals from "0" to "9" and the following special character: "_". The maximum length of the nick is 15 characters.
3. After registration, a Service Recipient's Account is created. Accounts are created only for Registered Service Recipents.
4. The Service Recipient's Account may contain the following data: photo, nick, name and description.
5. The moment of registration is considered to be the moment of pressing the "Register" button by the Registered Service Recipient. This moment is equivalent to concluding an agreement between the Registered Service Recipient and the Service Provider for the provision of electronic services within the meaning of the Act of July 18, 2002 on the provision of electronic services.
6. By registering on the website, the Registered Service Recipient expresses his/her consent to participate in free competitions organized by the Service Provider as part of the "I must visit" website.

V. Provision of the Service.

1. The service provided by the Service Provider consists in providing a Website to which Registered Service Recipients can add Videos showing places from all over the world.
2. The website is available to Service Recipients without territorial restrictions.
3. The Website may present Commercial Information posted by the Service Provider and/or Third Parties.
4. Access to the Website is not subject to any fees from the Service Recipients.
5. The website may be available in one or more languages. The Service Provider reserves the right to change the supported languages, including adding new ones and removing existing ones, at its own discretion and without the need to change the Regulations.

VI. Adding Videos.

1. Videos can only be added by Registered Service Recipients.
2. A Video added by a Registered Service Recipient may be accepted or rejected by the Service Provider. The Service Provider reserves the right not to provide a reason for rejecting the Video.
3. The Video added by the Registered Service Recipient becomes visible on the Website after acceptance by the Service Provider.
4. A Video added by a Registered Service Recipient constitutes a work within the meaning of Art. 1 section 1 of the Act on Copyright and Related Rights.
5. Videos posted on the Website may be assigned to appropriate countries, regions, cities and places.
6. Profiles of places can be created on the Website.
7. The Profiles indicated in point VI.6 contain: a photo, a description and a list of Videos related to a given place.
8. It is possible to assign the Registered Service Recipient Account to the Profiles indicated in point VI.6. The Registered Service Recipient then gains the ability to manage content associated with a given profile.

VII. Grant of license.

1. Adding a Video by the Registered Service Recipient is tantamount to granting the Registered Service Provider a license to use the Video on the terms set out in points 2-10 below.
2. The Registered Service Recipient does not receive any remuneration for granting the license.
3. Adding a Video by a Registered Service Recipent is tantamount to a declaration by the Registered Service Recipient that he or she has full copyright to the added Video.
4. If the Video contain images of people, the Registered Service Recipient declares that he or she has the consent of the people who appear in the Video to use their image.
5. The Registered Service Recipient authorizes the Service Provider to use the added Video in all available fields of exploitation, including in particular making the Video available to the public on the Internet via wired and wireless means in such a way that every person has access to it at a place and time chosen by them, in including, in particular, public disclosure on the Website and social media.
6. The granted license entitles the Service Provider to use the Video without territorial restrictions.
7. The license in question is granted for an indefinite period.
8. The granted license authorizes the Service Provider to make any modifications to the Video, in particular to combine the Video with other Videos and other types of materials.
9. Deleting the account on the Website by the Registered Service Recipient and/or terminating the Agreement for the provision of electronic services does not revoke this license.
10. The license granted is non-exclusive.

VIII. Exclusion of liability of the Service Provider.

1. Any liability of the Service Provider for materials posted by Service Recipients on the Website is excluded. The Service Provider is not responsible in particular for:
   1. any damage caused to third parties resulting from the Service Recipients using the Service in a manner inconsistent with the provisions of these Regulations and generally applicable law,
   2. content made available by the Service Recipient, in particular in the event of providing false or outdated information in the Videos posted by the Registered Service Recipient.

IX. Technical requirements.

1. To conclude a contract for the provision of electronic services, it is necessary to have a device with access to the Internet.
2. In case of using the Services via mobile devices, the Service Recipient must have an appropriate mobile device and a properly installed web browser application.

X. Prohibition on providing illegal content.

1. The Service Recipient is prohibited from providing content under the concluded Service Provision Agreement that violates generally applicable provisions of Polish and international law.
2. The Service Provider reserves the right to discontinue the provision of the Service, including by blocking the Registered Service Recipent's account, in the event of violation of the provisions of the Regulations, including in the case of providing content contrary to good customs and principles of social coexistence.

XI. Termination of the contract.

1. The provision of the Service is indefinite.
2. The Service Provision Agreement may be terminated by the Service Recipient at any time.
3. Cessation of use of the Service by an Unregistered Service Recipient shall be deemed to be termination of the Agreement.
4. The contract may be terminated by the Registered Service Recipient by means of a declaration expressing the will to terminate the use of the service submitted via e-mail to the e-mail address: [email protected].
5. Termination of the contract by the Registered Service Recipient in the manner indicated in point XI.4 results in the loss of the Service Recipent's access to the account within 2 business days.
6. The Service Provider may terminate the Service Agreement at any time.

XII. The complaint process.

1. If the Service Provider fails to provide the Services or the Services are provided contrary to the provisions of these Regulations, the Service Recipient has the right to submit a complaint. The complaint should include a detailed description of the situation when the Service is not provided or the Service is not provided in accordance with these Regulations by the Service Provider.
2. Complaints should only be submitted to the e-mail address: [email protected].
3. The service provider is obliged to respond to the complaint within 14 days of receiving it.
4. Responses to complaints will be provided to the e-mail address of the Registered Service Recipient provided during registration.
5. An unregistered Service Recipient is obliged to provide an e-mail address in the complaint. A response to the complaint will be sent to the provided e-mail address.

XIII. Personal data protection.

1. Personal data provided by the Service Recipient will be processed on the basis of consent made before registration and in connection with the performance of the concluded Service Provision Agreement. Detailed information regarding the processing of personal data is included in the Privacy Policy available at: https://imustvisit.com/es/privacy.
2. The Service Recipient's data in the form of an e-mail address will also be transferred to the SendGrid platform for the purposes necessary to perform the Agreement for the provision of services by electronic means.

XIV. Applicable law and final provisions.

1. To the extent not regulated by these Regulations, the provisions of generally applicable Polish law shall apply, in particular the provisions of the Act of July 18, 2002 on the provision of electronic services and the Civil Code.
2. Any disputes that may arise in connection with the provision of the service described in these Regulations will be considered on the basis of generally applicable provisions of Polish law. The provision contained in the preceding sentence does not exclude the rights that the Service Recipient is entitled to under mandatory provisions in force in the area where the Service Recipient has his or her habitual residence.
3. The Regulations are permanently available free of charge to Service Recipients at: https://imustvisit.com/es/terms.