REGULATIONS of ‘NativeHash’
of 1 May 2021
and the Mobile Application http://app.nativehash.io
§ 1 Introductory provisions
1. The owner and operator of the Platform and Application is NATIVE HASH sp. z o.o. /Limited Liability Company/ based in Jasionka, Jasionka 954E, 36-002 Jasionka, entered into the Register of Businesses of the National Court Register held by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under KRS entry number 0000778892, Business Reg no: 382932905, Tax ID no: 5170398381, with a share capital of 5,000.00 PLN.
2. These Regulations define the rules under which the Service Provider provides Services electronically to Users, as well as all rights and obligations of Users and the Service Provider. It applies to the Platform and Application, including content and Services offered by the Service Provider.
3. These Regulations define the basic types of Services as well as scopes and conditions of their provision, and additionally the rules for concluding Base Agreements.
4. Regulations, Orders and Agreements are governed by Polish law, unless legal provisions obligatorily provide otherwise.
5. Users of the Platform and Application are obliged to comply with the principles of social coexistence, generally accepted social standards and respect the good name and legal interests of the Service Provider and other Users. Any activities that result in infringement of copyright with respect to the content posted on the Platform and the Application and available through it are prohibited.
6. The Service Provider reserves the right to block the use of the Services for Users who violate or do not accept the provisions of the Regulations, and also to those who infringe the interests of the Service Provider or other Users in any way. The Service Provider is responsible for assessing the occurrence of the above-mentioned undesired behaviour.
7. The Regulations are available free of charge on the Platform at the following address: https://nativehash.io/pl/regulamin, and also sent to the User at their request.
8. The User may use the Platform and Application only after accepting the Regulations and familiarizing themselves with its content. If the User does not accept the Regulations and does not consent to certain conditions therein, they may not use the Services, Platform or Application.
§ 2 Definitions
1. The definitions contained in these Regulations should be understood as:
a) "Application" means an application called NativeHash, available at: http://app.nativehash.io and its mobile version for iOS or Android platforms, provided by NATIVE HASH sp. z oo, by means of which the User can use the Service in the version downloaded by the User.
b) "Blog" - a medium in the form of a website, containing separate, usually chronologically arranged entries in the form of a diary.
c) "Budget" means the maximum amount of Cash Compensation that is offered by the Advertiser to the Publisher who will perform a given Task.
d) "Login data" means the data with which the User logs into the Account, i.e. e-mail address and password.
e) "Deposit" means a deposit assigned to a Platform User that contains means of payment for use with the Platform.
f) "Campaign" means promotional and advertising activities developed or created by the Advertiser, made available by the Service Provider to all or selected Publishers.
g) "Product Campaign" means a campaign involving shipment of Products to a Publisher for the purposes of creation of Materials.
h) "Consumer" means a User who is a natural person using the Platform or the Application for purposes not directly related to their business or professional activity.
i) "Account" means an individual User profile created on the Platform and Application during the first login. The account enables the use of paid Services provided on the Platform.
j) "Material" means any advertising material published by the Publisher as part of the Campaign or otherwise provided in connection with the Campaign or any other event as separately agreed with the Advertiser and Service Provider, including photos, videos, sponsored articles and others.
k) "Native stars" means the virtual award and Publisher’s rating in the form of stars, calculated based on available data, statistics, opinions, campaign results and quality.
l) "Platform" means this website available at: https://nativehash.io/, owned and administered by NATIVE HASH Sp. z o.o., under which Services are provided electronically.
n) "Social media website" means all social media platforms on which campaigns can be run, in particular - Instagram (www.instagram.com), Facebook (www.facebook.com), TikTok (www.tiktok.com) as well as Twitter (www .twitter.com), and YouTube (www.youtube.com).
o) "Product" means an item sent to the Publisher by / on behalf of the Advertiser as part of a Product Campaign, which should be used in accordance with the Campaign Rules and constitutes all or part of the Remuneration for participation in the Campaign in question.
p) "Profile" means a place on the Platform available after logging in (entering the login and password), which contains data and information about the User, including his description, as well as other data he introduced, which he can enter and modify.
r) "Publisher" means a User who is a user of a Social media website and / or a blog and offering the publication of the Material at the request of the Advertiser. The publisher meets all other criteria set out in these Regulations and has an active account on the Platform.
s) "Regulations" means these Regulations for the provision of Services by the Service Provider (always the current version) and the rules for using the Platform and Application available at: https://nativehash.io/pl/regulamin. The regulations are the document referred to in art. 8 of the Act on the provision of electronic services.
t) "Advertiser" means a third party economically related to the Service Provider in the scope of ordering and developing the Campaign and Campaign Rules.
u) "Rate" means the payment for the performance of a given Service, which is specified individually in the valuation of a specific campaign.
w) "Agreement" means the entire agreement for the provision of Services between the Service Provider and the User, regarding the rules of using the Platform and Application via the Platform or Application, Campaign orders and participation in Campaigns, the general provisions of which are set out in these Regulations.
x) "Service" means a digital service provided by the Service Provider, in which the Service Provider acts as an intermediary between the Advertiser and Publisher and enables cooperation between them, serving as a Communication Platform through which the Publisher can search Campaigns and participate in them after meeting the pre-defined requirements, publish sponsored materials and therefore receive remuneration.
y) "Service Provider" means the influencer marketing agency NATIVE HASH sp. z o.o. based in Jasionka, Jasionka 954E, 36-002 Jasionka, entered into the Register of Businesses of the National Court Register held by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under KRS entry number 0000778892, Business Reg no: 382932905, Tax ID no: 5170398381, with a share capital of 5,000 PLN .00.
z) "User" means any person using the Platform or Application as part of his professional or business activity (being a Publisher or an Advertiser) by using the Services provided through the Platform and Application.
aa) "Remuneration" means remuneration in the form of money, goods or services, which is offered to the Publisher in return for his participation in a given Campaign (and for granting a license for the material, where applicable), the form and value of which depends on and is specified in the Campaign rules.
bb) "Search Engine" means additional functionality of the Platform or Application that allows to search for influencers without the need to commission the campaign in return for a subscription fee specified in the price list.
cc)"Force Majeure" means an event that could not have been foreseen while maintaining the diligence required in professional relations, which is external to both the Service Provider and the Publisher and Advertiser, which they could not oppose by acting with utmost care.
dd) "Order" means the Advertiser's declaration of intent leading directly to conclude the Agreement, defining detailed specifications and indicating what conditions must be met for the Task performed by the Publisher to be considered completed and performed.
ee) "Reservations" means improper performance of the Task due to its non-compliance with the Order in whole or in part.
ff) "Task" means an agreement concluded between the Advertiser and the Publisher, pursuant to the provisions of these Regulations, on the basis of which the Publisher produces the ordered Materials for the Advertiser, for which he receives a financial or non-financial remuneration.
gg) "Campaign Rules" means the rules, guidelines, requirements and other conditions specified by the Advertiser in relation to a given Campaign, visible in the Application, which the Publisher undertakes to comply with by joining the Campaign.
§ 3 Registration
3. By checking the appropriate box and clicking the "register" button, the User expresses unconditional consent to all provisions of the Agreement (including these Regulations) and to start using the Platform and Application, and thus the User receives access to the Service.
4. The Platform and Application may not be used or accessed by persons under 13 years of age.
5. To be able to register in the Service as a Publisher, the User must:
a) be at least 18 years of age and have full legal capacity, and in the case of underage Users, i.e. people who are 13 years of age but under 18 years of age, they may use the Platform and Application to the extent that they can acquire rights and incur obligations in accordance with the provisions of applicable law, i.e. they must obtain the consent of their legal guardians not later than at the stage of conclusion of the Agreement. The Service Provider is entitled to verify the existence of such consent before concluding the Agreement and during its duration. Underage Users are also required to each time have an analogous consent at the latest at the time of submitting an offer to perform the Task. Underage Users or persons who, by law or contract, are obliged to supervise them, bear full liability for the actions of the underage User, in particular for damages, towards the Service Provider and the Advertiser.
b) have an active account in the relevant social media, provided that the account successfully passes the verification process and is approved by the Service Provider (in particular in terms of the number of followers of the profile, its activity and history).
6. The Publisher will receive notification of the account verification on the Social media website by e-mail from the Service Provider. The User shall proceed in accordance with the Platform's messages and the content of the e-mail sent to the User to activate the Account.
7. The following will be attached to the e-mail confirming the approval of the User Account in the Application for the needs of the Service: The Agreement and the Withdrawal Form along with relevant instructions thereto or will be made available for download on the Platform.
8. Upon confirmation by the Service Provider of the Account registration, an Agreement is entered between the Service Provider and the Users, for the provision of free Services, including an Account management agreement, provided that the User is entitled and/or empowered to create an Account and conclude an Agreement. If the User is not entitled or is not empowered to an appropriate extent, the Agreement is invalid.
9. During the registration process, the User is obliged to provide his real and current data. In the event of detection of deliberately incorrect data entered, the Service Provider may block the User's Account for an indefinite period of time.
10. The account contains the User's data provided by him during registration. The user is obliged to keep this data up-to-date and true. In the event of its subsequent change, the User should immediately update it using the appropriate Account editing form.
11. The Service Provider may make the registration of the Account or the use of the Platform by the Publisher conditional from validating the data that the Publisher provides during registration or places on the Account. In particular, the Service Provider is entitled to verify the Account registration applications by contacting the User via social media and / or requesting documents confirming the authenticity of the registration application.
12. It is forbidden to create Profiles that are independent of the User's identity, in particular, it is forbidden to create fictitious or false Profiles, used to send spam/unsolicited commercial information, of an erotic nature, for purely research activities, in particular consisting in conducting analyzes or surveys of public opinion.
13. If the User or a third party notices that there is a Profile on the Platform created by unauthorized persons, such person is entitled to request the deletion of such Profile.
14. The User may not use the Accounts of other Users and make his Account available to other people, except in the following cases: making the Account available to persons duly authorized by the User to act on his behalf, linking the Advertiser Account with another Advertiser Account, the owner of which is an entity acting on behalf of Advertiser for whom the Tasks are performed.
15. The User may not assign the rights and obligations under the Agreement to other persons without the consent of the Service Provider sent in electronic form.
16. For the use of certain Services, the Service Provider may reserve the provision to supplement the Account with relevant data or perform appropriate activities. The User will be informed about these reservations by means of appropriate Platform messages. Failure to comply with them by the User will prevent him from using all the functionalities of the Platform.
17. The Service Provider reserves the right to reject blogs with a monthly audience below 800 unique users per month, Instagram accounts with less than 800 followers, Facebook fanpages with less than 800 fans, YouTube channels with less than 800 subscribers, Twitter and TikToku accounts with less than 800 followers, Snapchat accounts with less than 800 viewers, Linkedin accounts with less than 800 contacts.
18. During the registration process, the User may be asked to attach screenshots of statistics for his blog or social media network for the period indicated by the Service Provider. The Service Provider reserves the right to reject blogs whose statistics it considers incorrect or unreliable.
19. If the User provides false data and statistics or misleading data within the Account, the Service Provider may block the Task.
20. By expressing consent to the processing of personal data, the User also agrees to be presented in the User Profile.
21. By creating a Profile, the User allows the dissemination of images of persons placed on the Platform in order to provide the Services by the Service Provider and use the Platform or Application, and also declares that the persons whose image he presents on the Platform have granted the relevant permission to do so.
22. In the event of a change to the data necessary for registration, the User is obliged to immediately update it on the Platform each time it is changed.
23. The publisher is not obliged to perform any activities related to a given Campaign without receiving confirmation of participation in the Campaign.
24. In the event of non-compliance with the Regulations or the netiquette, the User's Account enabling access to the Platform may be completely or partially blocked.
25. In case of detection of multi-accounts, the blocking may be imposed on all accounts.
26. The Service Provider is not responsible for any losses or damages that arise in the event of blocking or deleting the account in connection with the violation of the Regulations.
27. The User may terminate the Agreement by deleting the Account. The deletion of the Account is equivalent to the termination of the Agreement.
28. The account may be deleted by the User at any time by submitting such a declaration of will to the Service Provider (also via e-mail, subject to the condition that it must be the e-mail address that the User used when registering the Account) or by submitting his Account to be deleted using the Platform functionality "Delete Account".
29. The termination of the Account maintenance agreement is effective upon receipt of such a declaration by the Service Provider, with the proviso that if the User is performing a Task at the time of termination, the Agreement shall be terminated upon its completion. By deleting the Account, the User also waives any further use of the paid Services.
30. In the event of termination of the Agreement or removal of the Account, the Service Provider is not obliged to return the Fees already paid or due.
31. As a result of the termination of the Account management agreement and / or the termination of the Agreement, or its other termination, all information posted on the Platform by the User will be deleted and the Users will lose access to it irretrievably.
§ 4 Terms of Service
1. The Platform serves as an intermediary in concluding transactions between the Publisher and the Advertiser and organizes the sales process. The subject of the transaction is the execution of a specific Material with a certain specification and price.
2. Publishers who participate in the Campaign commissioned by the Advertiser as part of the Service provided by the Service Provider, under which Publishers publish entries containing Materials on the Publishers' accounts on Social Media Networks, in accordance with the relevant Campaign Rules - may receive Remuneration in accordance with the Campaign Rules.
3. The Publisher may obtain access to the Service only after expressing unconditional consent to the Regulations and the Agreement. Access to the Service does not guarantee participation in the Campaign.
4. Only the Publisher decides about submitting a request to join the Campaign and participate in the Campaign, while the Advertiser (and / or the Service Provider - in terms of technical issues) agrees to the Publisher's participation in the Campaign, provided that the Campaign and the Publisher's participation in it are approved. Otherwise, the Publisher cannot participate in the Campaign.
5. An advertising campaign each time consists of the following steps: initiation of a campaign with a certain specification and price, initial selection of Publishers, acceptance or rejection of the offer by the Publisher, final selection of Publishers, signing the contract and payment of the Deposit by the Advertiser, Task implementation and sending the Materials for approval, verification of the Task: acceptance or sending for correction by the Advertiser, publishing and providing the URL with the content of the Material. Campaign settlement and reporting. If the result of the transaction is not accepted, negotiations between the Publisher and the Advertiser take place, if no approval is obtained during the negotiations, the Service Provider joins the mediation process. If the Task is accepted, the previously collected funds from the Advertiser are transferred to the Publisher. When the funds are paid to the Publisher, the amount of the commission for the Service Provider is deducted. In disputes between the Advertiser and the Publisher, the Service Provider undertakes mediation, consisting in hearing the parties and checking the specifications of the Materials Campaign, on the basis of which a decision on resolving the dispute is issued. Disputes will be settled by e-mail.
6. The amount due to the Publisher will be transferred to him upon successful completion of the Campaign.
7. A commission of 15% for the benefit of the Service Provider is deducted from the amount transferred to the Publisher.
8. The amount will be returned to the Advertiser in the event of a negative transaction completion. This is decided by the Service Provider through mediation between the Advertiser and the Publisher.
9. If the amount is returned to the Advertiser, the Service Provider does not charge any commission.
10. The platform offers the possibility of concluding barter transactions, i.e. payment to the Publisher through the transfer of non-financial value. In this case, the Service Provider charges a 15% commission on the value of the transaction declared by the Advertiser. Products transferred under a barter transaction are sent by the Advertiser directly to the Publisher, without the participation of the Service Provider. All fees and taxes due are borne by the Advertiser. The service provider does not charge and pay taxes, especially income tax and / or VAT. The service provider is not responsible for the quality of the delivered products.
11. The User may use the Influencer Search Engine himself, without the need to implement the Campaign. Then he is obliged to pay the subscription fee for this, specified in the price list.
12. A user who is a consumer within the meaning of the Act of 23th April 1964 of the Civil Code may withdraw from the transaction if the Act of 30th May 2014 on consumer rights provides so. Withdrawal is possible within 14 days from the date of acceptance of the transaction after prior notification of the Publisher and the Service Provider, provided that the nature of the transaction allows for withdrawal. The template of the declaration of withdrawal is an attachment to the Regulations. In this case, all services that have already been performed will be returned.
§ 5 Application
1. The application for stationary devices can be found at: https://app.nativehash.io.
2. The application for mobile devices can be downloaded using the online store:
- App Store for iOS,
- Google Play for Android,
- or directly from the address: https://app.nativehash.io.
3. Downloading the Application from the above-mentioned stores is free of charge.
4. The Application is available to people using Mobile Devices that meet the technical requirements indicated below, for which the above-mentioned people will download the Application, install it and properly run it on the Mobile Device.
5. The Service Provider allows the download and installation of the Application only from the sources indicated in § 5 point 2, in compliance with the rules and regulations provided for therein. Downloading and installing the Application from sources other than those indicated in § 5 point 2, without the written consent of the Service Provider, constitutes a gross violation of these Regulations and results in liability for damages towards the Service Provider.
6. The Service Provider is not a provider of data transmission services. Data transmission costs required For download, installation, launch and use of the Application are covered by the Users on their own, on the basis of separate agreements concluded with telecommunications operators or other Internet access providers. The Service Provider is not responsible for the amount of fees charged for the use of data transmission necessary to use the Application and recommends to Users that they monitor the measurement of data transmitted by the Mobile Device in connection with using the Application.
7. The device on which the Application is to be launched must meet the following technical requirements for the operating system:
- for the version of the application downloaded from the App Store - iOS version 13 or higher;
- for the version of the application downloaded from Google Play - Android version 7 or higher;
- the device must have the current version of the web browser.
8. The Service Provider reserves the right to update the Application. In the event of updating the operating systems by their suppliers, the Service Provider reserves that there is no obligation to update the Application.
§ 6 Platform
1.To use all the functionalities of the Platform, it is necessary for the User to have: a personal computer (PC) or a mobile device, an active connection to the Internet, a web browser enabling the display of websites and an active e-mail account (e-mail),
3. The platform is responsive and dynamically adjusts to any screen resolution.
4. The Service Provider uses the mechanism of "cookies", which are saved by the Service Provider's server on the hard drive of the User's end device when the User is using the Platform.
5. The use of "cookies" is aimed at the correct operation of the Platform on Users' end devices. This mechanism does not destroy the User's end device and does not change the configuration of the Users end devices or the software installed on these devices.
6. Each User may disable the "cookies" mechanism in the web browser of his end device. The service provider indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Platform.
7. The Service Provider makes every effort to ensure the proper functioning of the Platform.
8. The Service Provider undertakes to ensure the continuity of the Services for 95% of the time in the calendar year, which does not, however, include events and their effects, related to problems on the part of the User, a break resulting from technical works or the operation of Force Majeure.
9. In order to ensure better quality of the Services and satisfactory operation of the Platform, the Service Provider occasionally carries out maintenance or modernization activities of the Platform. Therefore, the Service Provider reserves the right to interruptions in the performance of the Services necessary to carry out technical works not longer than 48 hours at a time. The Service Provider will inform the Users about each such break at least 24 hours in advance.
10. It is forbidden to use the Platform in a manner inconsistent with the provisions of these Regulations, applicable law, decency or principles of social coexistence.
11. The Platform and its components, including design and content, are protected by copyright and / or other intellectual property laws. These elements may not be reproduced, distributed or published by the User, partially or in full, without the consent of the Service Provider.
12. The User is not allowed to use any mechanisms, software or other procedures that may interfere with the normal operation of the Platform. The User is not allowed to take any measures that may overload the functionality of the Platform.
§ 7 Security
1. The Service Provider is obliged to secure the connection in the Platform or Application using the SSL protocol.
2. In order to protect against fraud, the Service Provider may implement additional security procedures on the Platform or Application. The Service Provider reserves the right to improve, change and update security procedures.
3. The publisher acknowledges and agrees that there are some risks involved with making an internet connection.
4. To protect personal data provided electronically by the Publisher in the Application against unauthorized access and against its modification, the Service Provider will apply technological solutions to protect the Publishers' database against unauthorized access.
§ 8 Termination of the use of the Platform and Application
1.The User has the right to terminate the Agreement (Account closure) at any time, in particular when he does not accept the changes introduced in the Regulations, or a shared update / modification of the Platform or Application.
2. If it is found that the User commits activities prohibited by law or the Regulations, or violating the principles of social coexistence or detrimental to the legitimate interest of the Service Provider, the Service Provider may take all actions permitted by law, including limiting the User's ability to use the Platform and Application.
3. The Service Provider reserves the right to suspend, at any time and for any reason, the operation of all or individual functionalities of the Platform and Application, as well as the right to change, withdraw or add new services provided through it.
§ 9 Rights and obligations of the Service Provider
1. In communication between Advertisers and Publishers, the Service Provider acts only as an intermediary.
2. The Service Provider provides the ICT infrastructure and ensures its efficient technical functioning, and in this respect is responsible for the Platform, Application and Services.
3. The Service Provider acts for the Publishers and Advertisers in order to organize a mutually beneficial transaction.
4. As a rule, the Service Provider does not verify or supervise the Campaign, Campaign Rules, or the advertising order provided by the Advertiser and the Materials provided by the Publisher, the Service Provider only approves the Compliance of the Materials with the Service and its functions and technical requirements. However, in justified cases, it reserves the right to remove or not publish the Task published on the Platform due to the low substantive quality of the Material contained on the Publisher's website or due to the violation of the Regulations.
5. The publisher is obliged to verify on his own whether the publication of entries containing advertisements is allowed under the law of the country, the citizens (residents) of which are intended or actual recipients of materials posted on the Publisher's accounts on Social media websites in connection with the Campaign.
7. The Service Provider reserves the right to inform Users about important events related to the campaigns or changes to the Services and Regulations by e-mail.
8. The Service Provider reserves the right to temporarily or permanently delete the User's account, who uses the Platform for purposes other than those described in the Regulations. The service provider does not agree to use of the Platform's resources in order to establish cooperation between Publishers, and Advertisers without the participation of the Platform.
9. After registration on the Platform by the Publisher or the Advertiser, it is forbidden to conduct any cooperation between the Publisher and the Advertiser outside the Platform, without the prior, express, written consent of the Service Provider. The indicated prohibition covers and applies also to any person and entity in any way related / connected with the Publisher. In the event of violation of the above-mentioned prohibition, the Service Provider may delete the Publisher's and / or Customer's accounts.
10. The Service Provider reserves the right to delete the User's account from the Platform in the event of failure to log into the account for a period exceeding 180 days.
11. The Service Provider does not interfere in the cooperation between the Publisher and the Advertiser in terms of its compliance with applicable law. At the same time, if the Service Provider receives information that the cooperation of the Publisher and the Advertiser may violate the law, the Service Provider reserves the right to remind the Publisher and / or Advertiser, delete the Publisher's and / or Advertiser's account, as well as notify the relevant state authorities, law enforcement agencies or judicial system.
§ 10 Liability
1. Except as expressly set out in these Regulations and to the maximum extent permitted by law, the Service Provider does not provide any guarantees or warranties, either express or implied, in particular, excludes all implied warranties, conditions and provisions, including warranties of merchantability and fitness for a specific purpose in relation to the Services, and other related instruments.
2. The User uses the Platform and Application voluntarily, at his own risk, therefore the Service Provider's liability for any damage arising in connection with the use of the Platform and the Application, in particular leading to its non- functioning, as well as its malfunctioning, is excluded to the fullest extent, legally permissible.
3. The Service Provider does not guarantee the proper functioning of the Service. The Service Provider provides the Service on ‘as is at this moment’ basis. Although the Service has been tested and includes the intended functions, the Service Provider does not guarantee its correct operation.
4. The Service Provider does not guarantee that the Service will be error-free and that it will work without interference. The guarantees contained in this document are the only and exclusive guarantees that Users will receive in connection with the provision of the Service.
5. The Service Provider is not liable for damages caused to the User as a result of dangers on the Internet beyond the Service Provider, including the actions of malicious software unlawfully introduced to the Platform by the User or third parties.
6. The Service Provider is not responsible for any interruptions in access to the Service that may occur for technical reasons, including cases of data breach or loss in the process of data processing, for defects in the security system or for the undesirable effects of viruses while using the Service.
7. The Service Provider shall not be liable for limitations or technical problems in ICT systems used by Users' Mobile Devices or telecommunications infrastructure, which prevent or limit the Users from using the Platform or Application. The Service Provider is not responsible for the quality and performance of the Platform or Application which is unsatisfactory to the User.
8. The Service Provider shall not be liable for the Users' use of the Platform and Application in a manner inconsistent with the provisions of these Regulations, in particular, shall not be liable for damages caused as a result of providing false data and information by the Platform or Application User.
9. The Service Provider shall not be liable for any costs or losses incurred by the Publisher in connection with the performance of his obligations arising from his participation in the Campaign. The Service Provider is not responsible for any losses, including indirect losses incurred by the Publisher, or profits lost while using the Service on the Platform or Application.
10. The Service Provider shall not be liable for failure to pay the Publisher's Remuneration and secure the payment in the event of non-payment by the Advertiser.
11. The Service Provider shall not be liable for Advertiser’s failure to send the remuneration in a non-cash form.
12. The Service Provider is not responsible for the services provided via the Platform by third parties or persons acting on its behalf, who provide services to Users on their own behalf and for their own account, on the terms and under agreements concluded with the Service Provider or its contractors.
13. The Service Provider is not responsible for the unreliable or incorrect performance of the task by the Publisher.
14. The Service Provider shall not be liable for any damage resulting from: breach by the User of the provisions of these Regulations, in particular by providing false data during Account registration, or the User's login or password to his Account being made available to third parties.
15. The Service Provider reserves that the scope of the Platform may be changed and updated at any time. The Service Provider will make every effort to inform Users in advance of any change in the scope of the Platform's services.
16. The Service Provider has the right, after notifying the User on the Platform's pages or via e-mail, to cease or suspend the provision of the Platform, which will be related to the change or termination of contracts between the Service Provider and the User.
§ 11 Publisher's rights and obligations
1. Publishers are required to use the Application and Platform in a manner consistent with applicable law, these Regulations, the regulations of websites and the regulations of the stores from which the Application was downloaded, as well as with the principles of social coexistence, including the general principles of using the Internet and mobile applications, as well as respecting the rights of the Service Provider, Advertisers and third parties.
2. The publisher is obliged not to provide illegal or offensive content, content the disclosure of which has been excluded, content violating the personal rights of third parties, inciting to commit a crime, as well as vulgar or other statements not corresponding to the image of the Service Provider, Advertisers and third parties.
3. The Publisher is obliged to keep confidential and not to disclose to third parties any data, information about his participation in Campaigns implemented through the Service, documents provided by the Advertiser marked as confidential, as well as not to disclose to third parties details of the Remuneration for participation in the Campaigns. The Publisher will be liable for damages to the Advertiser in connection with the culpable disclosure of data and information marked as confidential. The Advertiser and the Publishers may, on the basis of a written agreement, differently define the rights and obligations related to confidentiality. After drawing up such a document specifying the rights and obligations, they are obliged to immediately provide the Service Provider with a copy.
4. The publisher is obliged not to artificially increase the number of people observing his profiles on social media networks or blogs.
5. The Publisher has the right to choose the Advertisers with whom he wants to implement the Campaign.
6. The publisher may negotiate and specify the terms of the transaction with the Advertiser on the Platform.
7. When the Publisher selects a campaign in which the Advertiser has defined the specification and rate, the Publisher is obliged to comply with the requirements described by the Advertiser in the advert.
8. The Publisher undertakes to carry out the campaign reliably, to the best of his knowledge.
9. The Publisher declares that he has the right to publish the subject matter of the campaign on the website or social networking site indicated by him.
10. The publisher is obliged to mark advertising publications as sponsored or advertising.
11. The Publisher may not reproduce, copy or use in whole or in part the Materials of third parties without their express consent.
12. The Publisher undertakes to indemnify the Service Provider against all claims for damages, liabilities and other claims for compensation resulting from the actions of the Publisher undertaken as part of the Service or during the performance of obligations related to the Campaign.
13. Publishers are obliged to immediately notify the Service Provider of any violation (or threat of violation) of their rights or the rights of third parties in connection with the use of the Platform or Application. All notifications should be reported to the Service Provider via e-mail to the following e-mail address: email@example.com.
§ 12 Declarations
1. By concluding the Agreement and registering as a Publisher, the Publisher declares that:
a) has full capacity to conclude contracts or take other legal actions under the law of the country of which he is a citizen or where he resides, and is solely responsible for the compliance of his actions in the course of the Service or Campaign, the territory of which the Campaign covers.
b) in the case of persons between 13 and 18 years of age, that they have the consent of their legal guardian to conclude contracts.
c) if this Agreement is to be concluded by a person who does not have legal capacity or has limited legal capacity and the Agreement is not going to be concluded without the consent of legal guardians, the Publisher is obliged to cover any losses incurred, directly or indirectly, by the Service Provider as a result of the conclusion of the Agreement by a person without appropriate legal capacity.
d) there are no legal or factual obstacles to the conclusion of the Agreement, all necessary registration conditions, in accordance with the law and the Regulations, have been met.
e) guarantees that he has read, understood and accepts the provisions of these Regulations.
f) has the appropriate knowledge and technical capabilities to carry out the campaign.
g) is responsible for the proper performance of the obligations imposed on him under a given Campaign and is obliged to bear all costs resulting from the performance of his obligations during the Campaign. Determining the type of costs is the responsibility of the Publisher and will take place before the start of the Campaign.
§ 13 Advertiser's obligations
1. The Advertiser is obliged to deliver the advertising order as well as the complete Campaign / Product Campaign Regulations. The Service Provider is not responsible to the Advertiser for non-compliance with the requirements set out in the Campaign Regulations.
2. The Advertiser decides whether the Remuneration will be issued in the form of cash, goods, services or in the form of non-financial Remuneration.
3. The Advertiser is obliged to pay for the Service and the Service Provider's Campaign the amount specified in the advertising order, which is 15% of the commission of the campaign budget.
4. The Advertiser will arrange the products and their shipment or provide services to be used in the Product Campaign.
5. The Advertiser is solely responsible for ensuring the availability of products and / or services to Publishers in a timely manner.
6. The Service Provider shall not be liable to the Advertiser for the unavailability of products or services for Publishers in the event that such products or services should be used in the Campaign.
7. The Service Provider shall not be liable for the Advertiser's failure or failure to deliver remuneration in the form of non-financial barter.
8. Remuneration in kind and non-financial form / barter remains at the discretion of the Advertiser. The product is sent by the Advertiser in the manner indicated by the Publisher and sent to the address provided. The delivery time depends on the arrangements between the Advertiser and the Publisher. The advertiser bears shipping costs in accordance with the current delivery price list indicated by courier companies. If it turns out that the shipment has suffered a loss or damage, the Publisher is obliged to immediately establish the condition of the shipment and the circumstances of the damage with the carrier by drawing up a report. Complaints regarding losses or damage caused during transport will be considered only on the condition of drawing up a complaint report by the Publisher and the carrier.
9. In the event that the implementation of the Campaign is hindered due to the Advertiser's failure to provide products or services for Publishers, when such products or services should be used in the Campaign, the Campaign may be considered completed and the Service Provider reserves the right to receive full payment in the amount indicated in the advertising order.
10. In the case of Product Campaigns, the Advertiser is solely responsible for the transfer of ownership of the products to the Publishers and for the payment of applicable fees and taxes.
11. If the Advertiser is not the direct beneficiary of the Campaign, the Advertiser is obliged to duly inform the brand owner about the terms of the Regulations and obtain the consents required by the regulations for the proper performance of the Agreement. Acceptance of the Regulations must be in writing. The advertiser shall be solely responsible for breach of this obligation.
12. The Advertiser has the right to choose Publishers with whom he wants to conduct the campaign and conclude a transaction.
13. The Advertiser can negotiate and specify the terms of the transaction with the Publisher on the Platform.
14. The Advertiser can evaluate the Publisher after the Campaign on the Platform has ended via the "Native stars" rating system.
15. The Advertiser is obliged to have funds in the Deposit in the amount at least sufficient to cover the Campaigns being implemented.
16. By creating an Account, the Agency declares and warrants that it acts in the name and on behalf of the Advertiser on the basis of a valid agreement with the Advertiser and until settlement with the Publisher, such an agreement will be binding to the Agency and Advertiser.
17. The Service Provider is authorized to verify the authorization of the Agency to act on behalf and for the benefit of the Advertiser. If the Agency is unable to provide sufficient evidence of cooperation
with the Advertiser, the Service Provider is entitled to block or delete the Agency Account.
18. The Agency, upon completion of the above-mentioned agreement, is obliged to immediately notify the Publisher with whom it commenced cooperation, proportionally settle the Task performed so far or in full, if the Task has been performed, and delete the Account.
§ 14 Campaign - joining and participation
1. The publisher will be able to see the requirements of individual Campaigns on the Platform or Application. If the Publisher decides that he is interested in any of the available Campaigns, he will be entitled to conclude an agreement to participate in this Campaign by clicking the ‘Join’ button.
2. By clicking the ‘Join’ button, the Publisher expressly agrees to the Campaign Rules and the description of the Campaign in the service panel. In the event of any discrepancies, the Campaign Regulations takes precedence over these Regulations.
3. A request to join the Campaign must be approved by the Advertiser.
4. The Advertiser and Service Provider have the right to decline a request for participation in a Campaign by a given Publisher without giving any reason.
5. By joining the Campaign, the Publisher undertakes to comply with the Campaign Regulations and all other applicable conditions, in particular the obligation to comply with the deadlines and to accept remuneration in the Campaign.
6. The Campaign Rules, including the applicable deadlines and the Remuneration, are determined for the Publisher taking into account the individual characteristics of the Publisher's profiles in social networks, such as the number of people observing the profile, the target group and the involvement of people in creating the image.
7. During the Campaign, the Publisher is obliged to make posts on accounts in Social Networks in accordance with the description of a given Campaign and not to delete or archive them during 12 months from the date of publication, or to change the status of their accounts or posts in social networks or blogs into a private one and generate in them a unique alphanumeric code (hashtag) and / or tag.
8. The Publisher is solely responsible for adding additional hashtags and other detailed descriptions of the Materials as required by law.
9. The Publisher is not obliged or authorized to perform any other activities as part of the Campaign, except those expressly set out in the Campaign Rules, its description or in any other agreement between the Publisher and the Advertiser or Service Provider.
10. Payment of the Remuneration to the Publisher is subject to the Publisher's compliance with all Campaign obligations and the applicable Campaign Rules and Regulations.
11. The Publisher undertakes to control up-to-date information on the Campaign and changes to the Service.
12. The Publisher grants the right to the Service Provider and, if required by the Campaign regulations, to the Advertiser as well , to verify the performance of the tasks entrusted to him by the Publisher. In the event that the Publisher performs activities related to the Campaign without the appropriate hashtag and / or tag, without meeting the required deadlines or in a manner inconsistent with the Campaign Rules.
13. The Service Provider may notify the Publisher via the Service that specific activities do not entitle the payment of the Remuneration as they were performed incorrectly or in violation of the Campaign or Campaign Rules, as applicable.
14. The Service Provider may temporarily or permanently block the Publisher's account on the Platform or Application or impose other sanctions if the Publisher does not comply with the Campaign Rules or violates the provisions of the Regulations or other guidelines in a different manner.
§ 15 Product campaign
1. The Publisher may be invited to participate and may decide to join the Product Campaign implemented through the Advertiser or otherwise. In this case, the Publisher is obliged to comply with the Campaign regulations and other guidelines (including acceptance of important additional terms and conditions) and submit the Material to the Service Provider after receiving the Product, unless the Campaign Regulations provide otherwise. The Service Provider is not the supplier of the Product.
2. By joining the Product Campaign, the Publisher unconditionally agrees, that the Service Provider (or any other third party that may reasonably require such information in connection with the Campaign) shall receive and process all personal data and other data provided by the Publisher.
3. If the Publisher who received the Product as part of the Product Campaign, fails to properly participate in the Campaign, he is obliged to immediately return, at his own expense, the received Product to the address provided by the Advertiser.
4. Failure to properly participate in the Product Campaign may result in the technical or actual blocking of the Publisher's account, which includes freezing the funds accumulated on the Publisher's account. The Publisher's funds will be unfrozen after it is returned to the Advertiser and the shipping costs are settled.
5. In the event that the Service Provider, Advertiser or a third party suffered any loss or damage as a result of the Publisher's failure to properly participate in the Campaign, the funds may remain blocked and / or deducted, and the Service Provider (Advertiser / third party) may claim compensation from the Publisher.
Taking part in the Product Campaign automatically means that the Publisher has read, understood and agreed to the provisions of the Regulations.
§ 16 Tasks
1. The Service Provider enables the conclusion of Agreements between the Advertiser and the Publisher on the terms specified in the Regulations and for this purpose provides Users with the appropriate tools of the Platform.
2. By creating the Task, the Publisher declares that he is acting on behalf of the Advertiser and is hereby properly authorized to act on behalf and for the benefit of the Advertiser.
3. The guidelines for the implementation of the Task may be verified by the Service Provider. By sending a Task for publication, the Advertiser declares that the subject and scope of the Task do not violate applicable law or the rights of third parties. The Service Provider may refuse to publish a Task if it violates the provisions of these Regulations.
4. The Advertiser may send the Publisher individual invitations to perform the Task.
5. The Tasks are performed by the Publisher at the request of the Advertiser on the basis of the Order. The order must be drawn up by the Advertiser in a reliable and complete manner and must not mislead the Publishers. The Advertiser is fully responsible for the description of the Task, including any errors or inaccuracies in such description. Additionally, when creating a Task, the Advertiser must define the Budget or present the terms of remuneration in a non-financial form and declare the total value of the non-financial remuneration constituting the basis for calculating the commission on the campaign. The service provider has the right to verify the declared amount.
6. The Conditions of the Order may be changed until the Advertiser selects one or more Publishers for a given Task. Recruitment of Publishers for the Task may be completed prematurely or may be extended by the Advertiser.
7. Publishers may respond to an Order using the tool available on the Platform. Additionally, in response to the Order, the Publisher may undertake the Task performance for the remuneration proposed by the Advertiser.
8. By approving the terms of the Task performance, the Advertiser creates an offer to conclude a Task contract in the form of a final summary of the terms of the Order. Upon their acceptance by the Publisher, the Task contract is concluded on the terms specified in the Order.
9. After the deadline for performing the Task, the Advertiser is obliged to confirm the completion of the Task within 3 days or report Objections with justification using the Platform's functionality. If there is no justification and the deadline specified in the preceding sentence has expired, the task is deemed to have been performed correctly.
10. In the case of non-financial settlements, after the Advertiser has confirmed the correctness of the Task performance, he is obliged to provide the Publisher with the non-financial Remuneration specified in the Order within 30 days. In addition, the Advertiser is obliged to transfer the commission in the amount of 15% of the declared total value of the non-financial Remuneration specified in the Order into to the Service Provider's bank account within 30 days. At the same time, the Advertiser is obliged to settle and pay all taxes, fees, duties, shipping costs related to the remuneration provided to the Publisher in a non-financial form.
11. If the Advertiser raises any Objections, the Publisher is obliged to respond to them within 48 hours. If the Publisher does not respond to the Objections within the time limit specified in the preceding sentence, it is considered that the Objections are justified and the Publisher is not entitled to the Remuneration.
12. The Commission on Task is refunded to the Advertiser only in the following situations:
- the order is rejected by the Service Provider as not meeting the rules set out in the Regulations,
- no Publisher volunteered to perform the Task,
- The Advertiser withdrew from the Campaign before the Publishers started to perform the Task.
13. The Commission on Task may also be refunded to the Advertiser in whole or in part, if, according to objective circumstances, the Advertiser has not selected any Publisher to perform a given Task or in other particularly justified cases.
§ 17 Materials
1. The Publisher may not post on the Platform any types of Content that:
a) violate the rights or personal rights of third parties,
b) contain threats, vulgar language, incite aggression and hatred, or elements of violence,
c) constitute materials that can be used for illegal, misleading, malicious or discriminatory purposes,
d) are obscene, pornographic, inappropriate for people under 18 years of age,
e) are obviously contrary to the principles of social coexistence or common moral and social norms or the principles of "netiquette".
f) contain profanity and phrases that may in any way violate someone's dignity,
g) promote websites that do not belong to the Service Provider or any of the Users.
2. The Service Provider does not exercise ongoing control over the Materials posted by Users on the Platform.
3. If the Service Provider receives an official notification or reliable information about the unlawful nature of the Materials stored on the Platform or related activities of the User, the Service Provider may prevent access to such Materials notifying the User beforehand via e-mail about the intention to prevent access to the Materials and the reason for such action. The user is prohibited from providing illegal content.
§ 18 Publishers' remuneration
1. The publisher is entitled to a Remuneration for correct participation in the Campaign.
2. Settlements between the Publisher and the Advertiser are made through the Service Provider.
3. The applicable system and remuneration rates for the Campaign are visible to each Publisher individually on the Platform or Application.
4. If the Remuneration is settled in cash, the rates applicable to the Campaign and the Publisher concerned will apply.
5. The Service Provider reserves the right to change the applicable Rates at any time, except for the ongoing active, open Campaigns to which the Publisher has already joined.
6. If the Remuneration specified in the Campaign Rules is to be in a form other than cash, the Advertiser will provide the goods or provide services to the Publisher directly, without the participation of the Service Provider. The goods will be sent to the Publisher to the address indicated by him.
7. The transfer of the Remuneration in a non-financial form may depend on the provision of additional data by the Publisher, e.g. home address.
8. Remuneration paid in cash will be settled after that after the end of the Campaign within 30 days from the date of the end of the Campaign.
9. Settlement of Remuneration due to the Publisher depends on whether the Service Provider has received money from the Advertiser and whether the Advertiser has paid the Service Provider's fees.
10. The Publisher's financial compensation will be sent to the bank account specified by the Publisher. The Service Provider and the Advertiser are not responsible for any errors or inaccuracies in the bank account details or shipping addresses, or for any missing data that the Publisher should provide. The Publisher shall bear the bank charges.
11. The Advertiser undertakes to pay the Service Provider a commission of 15% for each successful cash or barter transaction. This amount is automatically deducted by the Service Provider when remuneration is paid to the Publisher.
12. Payment for the Platform's services shall be made using the funds previously paid in the Deposit.
13. The Advertiser may top up the Deposit at any time using the methods of topping up the Deposit specified on the Platform.
14. The Publisher has the right to withdraw the value of the Deposit at any time, except for in the event that the amount of the Deposit would turn out to be lower than the amount of the transaction, if it had not been debited previously. Withdrawal of the Deposit is possible after exceeding the amount of PLN 201.00.
15. The funds accumulated in the Deposit are disbursed to the bank account indicated by the Publisher.
16. Payment to the Publisher for the services provided by him to the Advertiser takes place upon the acceptance of the result by the Advertiser, by topping up the Publisher's Deposit with the Advertiser's funds less the amount of the commission.
17. The Service Provider is not responsible for errors of banks or other intermediaries when making payments.
18. If, as part of a barter transaction, the Publisher receives a non-financial value from the Advertiser (the subject of barter) and fails to provide the Advertiser within the agreed period, then after 7 days from the expiry of the agreed period for the Publisher's performance, the Publisher is obliged to return to the Advertiser the equivalent of the amount for the received subject of barter. In order to exercise the right indicated in the preceding sentence, the Advertiser is entitled, in particular, to issue a VAT invoice, bill or other settlement document for the Publisher, and the Publisher undertakes to pay the Customer the equivalent of the barter item received.
§ 19. Price list of the search engine
1. Using the search engine provided by the Service Provider as part of the Platform is payable on the terms and in the amount specified in the Service Price List.
2. All prices are listed in the Price List at https://nativehash.io/pl/cennik.
3. The Service Provider is entitled to amend the conditions specified in the Price List with immediate effect, which does not constitute an amendment to the Agreement.
§ 20 Tax liability
1. Remuneration for the implementation of the Advertising Campaign will be paid to the Publisher who is:
a) a natural person running a business or a legal person on the basis of a VAT invoice issued by the Publisher,
b) a natural person not conducting business activity, but being a Polish citizen or resident in Poland (provided that a certificate of residence is submitted) on the basis of an invoice for a specific task contract after deduction of 17% of income tax towards the obligation to collect and pay personal income tax from individuals to the competent tax office, taking into account 20% of tax deductible costs, if the amount of the contract for a specific task is greater than PLN 200, while if the amount of the contract for a specific task does not exceed PLN 200, a fixed tax at the rate of 17% shall apply.
c) does not conduct business activity and is not a citizen or resident of Poland, on the basis of an invoice for a specific task contract after deducting 20% of income tax in a lump sum. The publisher who is not a citizen or resident of Poland is also obliged to make all settlements, fees and taxes in the country in which he is obliged to pay taxes, in accordance with the legal regulations of a given country.
d) after receiving the Remuneration for participation in the Campaign or other events, the Publisher is obliged to independently: settle and pay the taxes due, complete and submit tax forms, fulfill all tax obligations and other activities required by law.
2. The Service Provider is not obliged to: make settlements or payments of taxes or public law dues, submit documents or forms, fulfil any other obligations on behalf of the Publisher or for his benefit, regardless of the basis of these obligations.
3. The Publisher undertakes to fully indemnify the Service Provider from liability and secure the Service Provider against costs related to income tax, social security contributions and other liabilities, deductions, premiums, fees and claims arising from or related to the fulfilment or failure to fulfil by the Publisher of obligations under the Regulations, Contract or applicable law.
4. The Publisher will indemnify the Service Provider against all foreseeable costs, expenses, penalties, fines and interest incurred or payable by the Service Provider in connection with these liabilities, contributions, fees, claims and other financial obligations arising from claims related to employment or employee status (in including costs and expenses) raised by the Publisher or a third party to the Service Provider, related to the performance or non-performance of the Agreement by the Publisher.
5. If the settlement between Users takes place on the basis of a barter transaction or when one of the Users receives a tangible item from another User, the Service Provider is not responsible for tax settlements related to it, in particular due income tax, and additionally the Service Provider is not liable for any taxes due from the above-mentioned transactions.
§ 21 Licenses
LICENSE FOR ADVERTISER
1. In exchange for the Remuneration received by the Publisher for participation in the Campaign, the Publisher grants the Advertiser, in whose Campaign he participates, an irrevocable, worldwide, 10-year license, valid from the date of sending the given Material, provided that it has been approved for the Campaign or from the date of publication of the Material on social networks, whichever occurs first, allowing the use of the Material by the Advertiser or associated entities. The field of use of this license is the distribution and public sharing in electronic channels, in particular websites, mobile applications, profiles and accounts in social media, as well as the creation of advertising concepts in these channels. The license authorizes the holder to use the Material in electronic form, for electronic purposes and to the following extent: distributing the Material in any form and by any means, using the creative elements in whole or in part for circulation and combining with other Materials, introducing changes, abbreviations and fragments.
a) processing, registering, recording, reproducing in any way - including with printing and reprographic techniques, sound and / or image recording, magnetic recording, with digital media and storage on portable devices; using in multimedia works,
b) multiplication with techniques and similar and any other technique related to the use of the Work in accordance with its nature, purpose and justified needs of the Customer, as well as in promotional, advertising and marketing materials, distributed in any way and in any form, as well as in computer networks, including the Internet,
c) incorporation of the Material or parts thereof into other works of any kind, including other than the original Material;
d) digitization, entering into computer memory, entering into memory of a portable device, introducing to the Internet computer network and making it available in computer networks, including the Internet and others; in particular, distributing the Work on Facebook, Instagram, Twitter, YouTube,
e) use for promotional, advertising and marketing purposes of all kinds (including marketing campaigns, platforms, websites or landing pages), business and non–commercial use, including as a company brand, trademark or other distinctive designation of a company, product or service, without limitation; The right to use the Work and its modification and adaptation in all kinds of available forms, including in advertising media, including television, radio, press, internet advertising, outdoor advertising (Outdoor), advertising materials not intended for presentation in the media (BTL), posters, advertising leaflets, brochures and other advertising accessories.
f) public performance, reproduction, display, broadcast and rebroadcast and public sharing of the Materials so that everyone can access them at a selected place and time (including the Internet, mobile telephone networks and other electronic communication networks, regardless of number of screenings, broadcasts and copies produced), as well as with the technique of webcasting, simulcasting, videocasting and any other forms of Internet transmission and distribution via telephone networks (landline or mobile networks), in particular via: a mobile phone (including WAP) and digital devices (e.g. decoders, VOD, PPV, personal computers and others),
g) reproduction, wired and wireless transmission of sounds and images via a ground station or satellite;
h) creative development and allowing third parties to creatively develop the Material, including changes, adaptations, adding elements, updating and changes of any kind;
i) renting, leasing, licensing the use, display, processing, vision or audio broadcasting, processing, introducing changes, publishing in whole or in part,
j) the right to translate, adapt, make any changes, adaptations, corrections, modifications, format changes, abbreviations and compilations of the Materials,
2. Licenses granted in accordance with the above point include the Advertiser's right to sublicense.
3. The Advertiser grants a non-exclusive and non-transferable license to the Publisher of his choice to provide services under the transaction for the use of trademarks and other content necessary to carry out the transaction.
LICENSE FOR SERVICE PROVIDER
1. In exchange for access to the Platform and Application Service, the Publisher agrees to the transfer of copyrights resulting from contracts concluded with the Service Provider via the Platform and grants the Service Provider an irrevocable, worldwide, 10-year license to the published Materials, valid from the first publication, to the extent indicated in § 12 point 1 above, including the right to grant sub-licenses (both paid and free of charge).
2. The Publisher grants the license referred to in the above point to the Service Provider in exchange for using the Platform and Application Service.
3. The Organizer has the right to use the Broadcaster's logo and name on the Platform in the section: "Our influencers" / "We work with" / and in the Service Provider's marketing materials without the separate consent of the Publisher. The Publisher has the right to object to the use of his logo or to comment on the way it is used on the Platform or in the Organizer's materials. The organizer is obliged to take these comments into account.
4. The Service Provider has the right to use the Advertiser's logo and name on the Platform in the section: They trusted us / They used our services / Customers and in the Service Provider's marketing materials without the separate consent of the Advertiser. The Advertiser has the right to object to the use of his logotype or to comment on the way it is used on the Platform or in Advertising Materials. The Service Provider is obliged to take these comments into account.
5. Upon delivery of the Content to the Platform in the form of his image, name or logotype, the User grants the Service Provider a territory and time unlimited license for such material in order to place it in the Platform's portfolio or to communicate that the given User uses the Platform, provided that such use of the image, name or logotype may not indicate the suggestion or recommendation of the Platform by a given User.
6. Users who are parties to the Task also agree that the Service Provider use the result of the Task to promote the Platform, in particular to present the Platform's functionality. For this purpose, upon the completion of the Task, the Publisher grants the Service Provider a license unlimited in time and territory with the sublicensing right to use the results of the Task performance in whole or in part.
PERSONAL RIGHTS TO THE MATERIAL
1. The Publisher waives all personal rights to the Materials to the benefit of the Service Provider, Advertiser and third parties indicated by the Advertiser or the Service Provider, in particular copyrights and the right to object to changes, and authorizes the Advertiser and the Service Provider to exercise his personal rights to the Materials.
2. The Publisher confirms that he agrees that the Service Provider, Advertiser and third parties authorized by the Advertiser or Service Provider use his Materials without restrictions, for all purposes, including primarily advertising and marketing, including in a digital version, without providing the Publisher with further benefits and remuneration.
§ 22 Use of the image
1. If the Material contains the image of the Publisher or a third party, the Publisher entitles the Advertiser and Service Provider, as well as third parties who have obtained a license for the Materials,
to use this image within the scope of license, including directly for advertising purposes. The consent may not be withdrawn, unless mandatory provisions of law provide otherwise.
2. The Publisher confirms that he has received the explicit consent of the third party shown in the Material to publish this Material and use its image for all purposes related to the Campaign, including granting a license in accordance with these Regulations.
3. The Publisher or a third party shown in the Material may not withdraw their consent to use the image.
4.If the Publisher or a third party revokes the consent to use the image presented in the Materials during the license period (10 years), the Publisher is obliged to return the entire Remuneration received in connection with participation in the Campaign related to the Material in question, pay the Service Provider a contractual penalty of EUR 1,000 and cover all losses and damages suffered by the Service Provider and the Advertiser, resulting from the said revocation.
5. If the damage related to the revocation of the consent to use the image presented in the Materials during the license period exceeds the amount of the contractual penalty, then the Service Provider, Advertiser or a third party indicated by the Service Provider or Advertiser has the right to demand compensation in excess of the contractual penalty.
§ 23 "Native stars" rating system
1. Within the Platform, the Publisher's attractiveness rating system is available to Users in the form of awarding "Native stars" - on a scale of 1 to 5.
2. "Native stars" ratings are public and visible to all Users on their Profiles.
3. The Publisher, at the time of creating the Account, agrees to assign him "Native stars" and generate its evaluation by the system on the basis of criteria set by the Platform.
4. "Native stars" ratings awarded by the Advertiser are based on objective and verifiable indicators of the Publisher's performance within the Platform.
5. “Native stars” may be issued by the Advertiser after the completion of the Task.
6. The Advertiser who issues references and "Native stars" ratings to the Publisher guarantees and declares that they are real and supported by the facts or real professional cooperation.
7. The Advertiser's activities under the "Native stars" rating system which could result in artificially inflating or lowering the Publisher's credibility are not allowed.
8. "Native stars" ratings may be reported to the Service Provider, if they violate the Regulations, are false or misleading other Users.
9. "Native stars" ratings are constantly updated based on the criteria set by the Platform, which the Publisher must fulfill. Changes are made automatically in real time.
§ 24 Complaints procedure
1. Any complaints due to errors or incorrect functioning of the Platform or the Application and the Services provided through them should be immediately notified to the Service Provider via e-mail to the following address: firstname.lastname@example.org. A complaint should contain data enabling the User's identification: name and surname, e-mail address and the name and model of the Mobile Device on which the problem occurred with the functioning of the Platform or Application, as well as the name and version of the operating system installed on it, as well as the date of occurrence of the defect, type and short description of the problem, indication of reservations and comments to the Platform or Application. Correctly reported complaints will be considered no later than within 14 working days from the date of its notification and the moment of receiving information about the irregularity, and in particularly complicated cases, no later than within 28 working days. The Service Provider will inform the User via e-mail about the method of considering the complaint. In a situation where the data or information provided in the complaint need to be supplemented, the Service Provider asks the User to supplement it before considering the complaint. The time of providing additional explanations by the User extends the period of considering the complaint. In special cases, this period may be extended by another 14 days, especially when the complexity of the subject of the complaint prevents its consideration in the first term. The User will receive a reply to the e-mail address from which the complaint was sent or to the address provided in the complaint.
2. A User who notices an illegal Material or an Account, in particular infringing intellectual property rights, should immediately inform the Service Provider of this fact at e-mail: email@example.com. If the Service Provider receives reliable information about the unlawful nature of the data or related activities, the Service Provider will immediately prevent access to these Materials or the Account, and will notify in advance the User who has placed these Materials on the Platform or opened Accounts about the intention of preventing access to them. In such cases, the Service Provider is not liable to the User for any damage resulting from preventing access to these Materials or the Account.
§ 25 Processing of personal data
§ 26 Protection of intellectual property rights
1. The Service Provider holds all intellectual property rights to the Platform and Application and its individual components, therefore the use of the Platform or Application in a manner or for purposes inconsistent with the Regulations or the provisions of generally applicable law is prohibited and results in the User's liability to the Service Provider.
2. It is indicated in particular that:
- the software (including the source code), on which the operation of the Platform and the Application is based, and their interface (graphic and functional layer seen on the User's Mobile Device), as well as all graphic, multimedia and creative functional elements of the Platform and Application are all protected by copyright,
- the protection of confidentiality as part of the protection of know-how and business secrets covers all elements of the Platform and Application, including the ideas and solutions used in the Platform and Application.
3. Upon installation and activation of the Application by the User, the Service Provider grants the User a license to use the Application in accordance with its intended purpose, including the right to be reproduced only in time and to the extent necessary to run, operate and store the Application in the memory of the Mobile Device used by the User in accordance with the Regulations; such license entitlement is granted only to the extent of own permitted use (it does not include, in particular, use for business purposes) and does not authorize the User to grant further licenses or to use the Platform and Application for other purposes.
4. In addition to the powers provided for in point 3 The User has no right to reproduce, sell or otherwise market or distribute the downloaded Application, in its entirety or in fragments, in any form, in particular to send or make it available in computer systems and networks or any other ICT systems.
§ 27 Violation of the regulations
1. Breach of the provisions of the Regulations by the User, in particular through acting to the detriment of the Service Provider or other Users, may have the following effects: a warning to the User by the Service Provider about blocking access to the Account, deleting all Materials, deleting the Account along with all Materials placed therein, termination of the Agreement with immediate effect and preventing the User from reopening the Account.
2. The above also applies in the event that the Service Provider receives reliable information or an official notification of the unlawful nature of the Account or published Materials.
3. The Service Provider will notify the User of the removal of the Account and termination of the Agreement in the e-mail sent to his address provided during registration, stating the basis for such action and for termination of the Agreement.
4. All comments and information about the violation of the Regulations should be sent to the e-mail address: firstname.lastname@example.org.
§ 28 Amendments to the regulations
2. The new Regulations shall apply from the date indicated in their content as the effective date. If the User does not terminate the Agreement before the expiry of this period, does not delete the Account and does not submit a declaration of refusal to accept it, it is considered that he has accepted the amended Regulations without reservations upon expiry of that period.
3. The Regulations applicable to each Campaign will be the Regulations in force at the time the Publisher commences activities related to the Campaign.
§ 29 Final provisions
1. The Publisher is not entitled to transfer his rights or obligations under this Agreement, in whole or in part, to third parties without the prior express consent of the Service Provider expressed in writing, otherwise null and void.
3. In the event that any of the provisions of these Regulations are found invalid or ineffective, the remaining provisions shall remain in full force and effect. The invalid or ineffective provisions of these Regulations will be replaced with legally valid and fully effective provisions, as well as the ones most similar to them.
4. The Advertiser and Publisher undertake to act in good faith and respect the legitimate interests of both parties. All possible disputes arising from the implementation of the Campaign or Agreements concluded within the framework of use of the Platform or Application will be settled amicably between the parties. If it is impossible to resolve it amicably and when mediation proves ineffective, any dispute will be subject to the jurisdiction of Polish law and Polish common courts and will be resolved by the court having jurisdiction over the seat of the Service Provider.
5. In the case of a User who is a consumer within the meaning of the Civil Code, the competent court will be according to general jurisdiction, therefore the above does not infringe consumer rights. For the avoidance of doubt, it is stated that none of the provisions of the Regulations limits the User's rights that he is entitled to under applicable law in the territory of the Republic of Poland, including rights resulting from legal provisions regarding consumer rights. In the event of non-compliance with the provisions of the Regulations and applicable law, the provisions of the Regulations that violate generally applicable legal standards do not apply to the User, and the User shall immediately inform the Service Provider of any non-compliance found.
6. The Vienna Convention on the International Sale of Goods does not apply to the Agreement.
8. The current version of the Regulations is available at the following address: https://nativehash.io/pl/regulamin.
9. The Regulations shall enter into force on 1st May 2021.