Terms of Service

The user using the Hapink.com website declares that:

• they have read the Regulations of the Service,
• they undertake to use the Service in accordance with the law.

1. Definitions
   1. Regulations - these regulations of the service available at http://Hapink.com/regulamin
   2. Service - an internet service along with the services available on it, located at http://Hapink.com/ and its subdomains.
   3. Administrator - YOUPROMO limited liability company, with its registered office in Kozielice 26, 74-204 Kozielice, NIP number 8531518627, and REGON number 321568172.
   4. Avatar - An image displayed next to the User's name and in the User's profile.
   5. Ban - blocking access to the Account and/or the Service, for a period of "x" days or indefinitely.
   6. Content (Contents) - graphic files, photos, tattoo descriptions, comments.
   7. Username (Nick, Login, User) - the name that the User chose during registration in the service and which they use in the Service.
   8. Registration - the process of setting up an Account in the Service.
   9. User - an individual who uses the Service.
   10. Service Provider - the operator of the Service.
   11. Service - a hosting service provided by the Service Provider on the terms specified in the Regulations and through the Service, which involves providing the User with a tool for storing posted Content.
2. General principles
   1. The name of the Service, its idea, graphics, software, and database, as well as graphic elements of the pages, which have been made available to Users by the Service, are subject to legal protection.
   2. The Service is available to all persons using the Internet.
   3. The User can use the Service without Registration, but some services requiring logging in will not be available to them.
   4. The User may have only one Account in the Service. Having more Accounts is possible only with the Administrator's consent.
   5. Users violating the Regulations may receive a Ban for a specified period or permanently.
   6. It is forbidden to use programs that generate queries to the Service.
   7. User accounts, messages, and other content posted by users on the website are not removed. By posting any content on the website, the user agrees to its indefinite use (including publishing and distribution) by the administrator. Users may request removal of their content, but the administrator decides whether or not to delete it. If you do not want to be identified with the website in any way, we will close your account and modify the information contained therein to remove any identifying characteristics. Closing an account means the user permanently loses access to it.
   8. By posting any content, you agree that:
      1. The materials you post are not in whole or in part illegal,
      2. You own the materials you post or have unlimited rights to publish and transmit them to the website administrator.
   9. The user bears full responsibility for using the website and account.
   10. Texts, reviews, ratings, opinions, and comments posted by users that the administrator deems not contributing to the discussion or not valuable, especially those aimed at increasing the count of posted messages, comments, reviews, opinions, or ratings, may be deleted.
3. Registration and personal data
   1. In connection with using the individual services provided on the website, it may be necessary for the user to provide their personal data.
   2. To register, the user must correctly fill out the form found under the "Registration" link, providing their email address, preferred username, and password. Then, the user must click on the link sent to the provided email address to activate the account and complete the registration process on the website.
   3. The username cannot contain the content listed in point 3.5, and cannot consist entirely or partially of an email address, website address, or internet domain.
   4. The user declares that the information provided by them is true and up-to-date.
   5. By registering in the Service, the user agrees to the processing of collected data for marketing, informational, statistical, and publishing purposes in media such as the internet, press, radio, television, mobile and landline telephony.
   6. The user has the right to access their data, as well as the right to correct and request the cessation of their processing. The processing of data provided by the user through the Service is carried out in accordance with the Act of August 29, 1997 on the Protection of Personal Data (consolidated text: Journal of Laws of 2002 No. 101, item 926, as amended) and the Act of July 18, 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended).
   7. The user consents to the collection, processing, and use of the data provided, including email address, for advertising, market research, and service recipient behavior and preference analysis, with the results of these analyses used to improve the quality of services provided by the Administrator, in accordance with the Act of July 18, 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended).
   8. The Administrator of the personal data provided by the user during the use of the Service is the Service Administrator.
   9. The user's avatar cannot contain an email address, website address, or internet domain.
4. Scope and conditions of using the Service
   1. Within the scope of the Service, the Service Provider undertakes to provide the Service on the terms and conditions specified in this Regulation.
   2. The scope of the Service includes the storage by the Service Provider of the Content posted by Users.
   3. The User undertakes to comply with the provisions of the Regulation. The Service Provider reserves the right to modify the technical method of providing the Service, in accordance with the scope and conditions resulting from the possessed authorizations, as well as appropriately to the possessed technical capabilities, without deteriorating its quality, as well as without affecting the scope of rights and obligations of the Parties.
   4. The User is obliged in particular to:
   • use the Service in a way that does not disturb its functioning,
   • use the Service in a way that is not burdensome for other Users and for the Service Provider with respect to their personal rights,
   • not post Content containing links to other websites in a form not accepted by the administration,
   • not post Content infringing the copyrights or intellectual property of others without the explicit consent of the author of the posted Content,
   • use any Content posted within the Service only for personal use. The use of Content in a different scope is permissible only on the basis of explicit consent given by the authorized person and in the case of a detailed indication of the source of the posted Content,
   • not post Content related to pornography and suicide,
   • not post Content related to violence, in particular Content depicting self-harm and Comments inciting violence in any form.
   5. In the event of non-compliance with the above guidelines, the Service Provider has the right to remove Content, Comments that do not comply with the Regulation, as well as to block or delete the User's account.
   6. When adding a picture from a website, the User cannot include a link in the graphic description, as clicking on the image automatically redirects the User to the source page. Such descriptions with a link will be removed by the Service Provider. Frequent posting of images with links in the description may result in the blocking or removal of Content and the User's account from the website.
5. Copyrights to the posted Content
   1. The User declares that, to the extent necessary to use the Service and within the scope of the Content posted by them, they possess:
      • copyrights and related rights to the Content, which constitute works within the meaning of the Act on Copyright and Related Rights,
      • exclusive rights in the field of industrial property,
      • rights in the scope of using the image of artists and performers,
      • rights to label titles of the above-mentioned works included in the Content and the names or names of artists, performers, or their bands.
   2. The User is solely responsible for the references to the Content, Comments, and Username posted on the Service, as well as for their nature. In particular, they cannot violate the personal rights and exclusive rights of third parties, as well as the provisions of this Regulation and the applicable law in the territory of the Republic of Poland.
   3. In particular, it is prohibited to include references to Content or Comments in the Service that:
      • would be posted on the Service in bad faith, e.g., with the intention of violating the personal rights of third parties; and would involve purposeful, persistent, and long-term actions aimed at a particular person, the purpose of which is to humiliate and disrupt their life (so-called harassment),
      • If they would be offensive or could be considered a threat directed towards other people, contain language that violates good manners,
      • violate any third party rights, in particular the rights of other Users of the Service,
      • violate in any other way the provisions of the Regulations, applicable laws, social or customary norms.
   4. In case of claims by third parties or Users of the Service, or persistent violation of these Regulations, the User shall be solely and exclusively liable.
   5. The Service Provider shall not be liable for the character of the references to Content or Comments posted by Users. The Service Provider shall also not verify them on an ongoing basis in terms of compliance with the Regulations and applicable law.
   6. In the event that the Service Provider finds that a given User has posted Content, Comments or a User Name that is not in compliance with the provisions of the Regulations, it is entitled to:
      • delete the reference to the Content or Comments, to which the report of infringement pertained,
      • prevent the User to whom the report of infringement pertains from reposting the Content or Comment on the Service.
   7. By posting references to Content within the Service, the User agrees to their use by other Users to the extent allowed for personal use.
   8. The User is not entitled to include personal data of third parties within the Service or to disseminate the image of third parties without the required permission or consent of the third party, as required by law.
   9. In the event that the Service Provider is required, in accordance with applicable law, to pay any compensation, penalty or fine in connection with the claims of third parties referred to in 5.7. above, the User is obliged to immediately reimburse the Service Provider the equivalent of such compensation, penalty or fine. The User is also obliged to immediately cover any losses or return the documented costs that the Service Provider incurred in connection with the disclosure of legitimate claims of third parties referred to above.
6. Privacy policy in the Service:
   1. The Service Provider uses cookie files to collect information related to the User's use of the service.
   2. If the User places any personal data of other persons in the Service (including their name and surname, image, address, telephone number or e-mail address), they may only do so provided that they do not violate the provisions of applicable law and the personal rights of those persons.
   3. At the same time, the Service Provider declares that modern security techniques are used to protect Accounts and access to data and Content, which serve to ensure the highest level of security, but for technical reasons, cannot fully guarantee the confidentiality of stored and transmitted information.
   4. The User is entitled to use data provided by other Service Users only in connection with the use of the Service, unless they obtain consent from those Users to process their data to an extent or purpose beyond the use of the Service.
   5. The Service Provider reserves the right to disclose selected information about the User to competent authorities or third parties who request such information, based on the appropriate legal basis and in accordance with the provisions of applicable law. Except for cases indicated in the preceding sentence, information about the User will not be disclosed to any third party without the User's consent.
   6. User data, including personal information, will be stored for no longer than is necessary in connection with the use of the Service, and will then be deleted from the system.
7. Complaints
   1. Complaints will be considered by the Administrator within 14 days from the date of the complaint. However, the Administrator reserves the right to leave the complaint without consideration if it results from a lack of knowledge of the provisions of this Regulation or the law.
   2. Complaints can be submitted by post to the Administrator's address or using contact forms available on the Service.
   3. The Administrator will not consider complaints regarding services provided by other natural or legal persons using the Service. The Administrator is also not obliged to forward complaints to the entity responsible for handling complaints.
8. Regulations
   1. All provisions of the Regulations may be changed by the Administrator at any time without giving reasons. Changes will be published on an ongoing basis in the form of a unified text of the Regulations on the pages of the Service.
   2. After information about changes to the Regulations appears on the Service, the User should familiarize himself with them, because logging in to the Service and using it after such an announcement constitutes unconditional acceptance of the new content of the Regulations by the User.
   3. If the User does not accept the changes to the Regulations, he should refrain from logging in to the Service and immediately notify the Administrator of such a decision. The statement should reach the Administrator no later than 14 days from the effective date of the changed Regulations. If the User's statement does not reach the Administrator within the above-mentioned period, it is assumed that the User has accepted the changed Regulations.
   4. A statement of non-acceptance of changes to the Regulations results in the deletion of the User's Account.
9. Final provisions
   1. The Service Provider has the right to periodically suspend the provision of the Service in relation to all or some Users in connection with maintenance work.
   without giving reasons, after prior notification of Users of such a decision at least 14 (fourteen) days in advance.
   2. The Service Provider has the right to terminate the provision of the Service in the event of a breach of the Regulations by the User, in particular the posting of Content of an illegal nature, i.e. conflicting with the provisions of applicable law or these Regulations.
   3. Any disputes arising between the Service Provider and the User shall be subject to the jurisdiction of courts in accordance with the provisions of the Code of Civil Procedure.
   4. Issues not regulated in these Regulations shall be governed by the provisions of the Civil Code, the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended) and the Act on copyright and related rights of 4 February 1994 (consolidated text of 17 May 2006 - Journal of Laws No. 90, item 631).
   5. The Service Provider reserves the right to change these Regulations at any time. The changes to the Regulations come into effect from the moment they are posted on the Service's website. The changes are considered accepted by the User from the moment he or she uses the Service.
   6. The current Regulations are published on the Service's website.
   7. The Regulations come into force on January 1, 2015.