REGULATIONS ART BANK
1. General provisions
1.1. These Regulations set out the rules for the use of the Medicine Graphics Bank (hereinafter: “Graphics Bank”), owned by BRANDBQ Sp. z o.o. with its registered office in Kraków, address: 31-564 Kraków, Aleja Pokoju 18, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, XI Economic Division of the National Court Register under KRS number 0000372924, REGON 121360377, NIP 6793049718 (hereinafter: “Brandbq”).
1.2. The Graphics Bank is operated via the website: https://art.wearmedicine.eu/.
1.3. As part of the operation of the Graphics Bank, Brandbq provides all Internet users (hereinafter: “Author” or “Authors”) with the possibility to upload images and graphics free of charge (hereinafter: “Graphics”) using an individual account under the terms of these Regulations. The purpose of the Graphics Bank is to allow Authors to present their Graphics and to enable Brandbq to establish a cooperation with the Authors of the most interesting Graphics in the manner set out in the Regulations.
1.4. Uploading a Graphic to the Graphics Bank using an account is tantamount to granting Brandbq a non-exclusive, revocable and royalty-free licence to use the Graphic for the purpose of assessing the possibility of establishing a cooperation with the Author, for the purposes of editing and saving Graphics on Brandbq’s servers or other appropriate media.
1.5. In connection with Graphics being uploaded to the Graphics Bank, Brandbq may, at its discretion, enter into a cooperation with the Author, offering to conclude an agreement detailing the terms and conditions of further use of the Graphics.
1.6. Publishing a Graphic in an account of the Graphics Bank does not give rise to any claims on either side, in particular an obligation to conclude the agreement described in item 1.5. above.
1.7. The uploading of a Graphic in the Graphics Bank does not imply transfer of the Author’s economic rights to the Graphic by the Author to Brandbq; the economic copyright and moral rights remain with the existing holders of these rights. Brandbq shall not, without prior consent of the Author, use any Graphics posted within the Graphics Bank other than for the purpose indicated in item 1.4 and 1.5 above.
1.8. By uploading a Graphic to the Graphics Bank, the Author declares that they are the author of the Graphic and that the Graphic does not infringe any rights of third parties and that no artificial intelligence was used in the creation of the Graphic.
1.9. It is forbidden to upload Graphics that infringe copyright, the rules of social coexistence, are unlawful, relate to drugs, pornography, incite racial, religious or ethnic hatred, etc. as well as content that is fascist, vulgar, promotes violence, offends religious feelings and violates the rights of other people.
1.10. Publishing a Graphic in the Graphics Bank does not constitute an offer within the meaning of the Civil Code.
2. Terms and Conditions of using an Account with the Graphics Bank
2.1. The following are necessary conditions for uploading Graphics to the Graphics Bank:
1) having Internet access,
2) having an account,
3) acceptance of these Regulations.
2.2. The Author is obliged to keep their account access details in strict confidence and to secure them so that they cannot be disclosed to third parties.
2.3. The Author may not transfer the right to use account in the Graphics Bank to third parties.
2.4. In order to use the account in accordance with its intended functions, the following is required:
1) appropriate equipment (laptop, desktop, tablet, smartphone),
2) access to the Internet,
3) web browser such as: Chrome, Safari, Opera, FireFox or similar,
4) software such as Java, Java Script, Flash;
5) e-mail account.
2.5. Within their account, the Author is able to: view their uploaded Graphics, change their personal data and password, take part in competitions organised by Brandbq, send requests via the contact form, send a request for permanent removal of a Graphic from their account (the Graphic will be removed within 7 days of receipt of the request).
2.6. The Author may upload as many Graphics as they wish within their account. The storage period is not limited. Brandbq reserves the right to introduce time, quantity and quality restrictions in the future.
2.7. The Author may not interfere in any way with the system environment of the Graphics Bank, also by introducing harmful (malicious) software or taking any other action to illegally interfere with the functioning of the Graphics Bank.
2.8. The Author is obliged to use the account in accordance with its purpose described in the Regulations - the use of the account’s functions in any other way than specified in the Regulations is prohibited.
2.9. Brandbq is entitled to remove Graphics from the Author’s account without notice if:
1) the Author is found to have provided incorrect identification or contact details, 2) the Author is in breach of the provisions of these Regulations.
3. Brandbq’s responsibility
3.1. Brandbq will make every effort to ensure that the Graphics Bank operates trouble-free and remains available 24/7. Brandbq reserves the right to suspend access to the Graphics Bank for technical reasons.
3.2. Brandbq is not responsible for:
1) problems with the functioning of the Graphics Bank, if these occur as a result of events that Brandbq was not able to foresee or prevent while exercising due diligence, in particular in case of problems relating to the quality of the services provided directly by Internet operators, as well as force majeure events; 2) interruptions in operation due to technical reasons (e.g. maintenance, inspection, replacing equipment) or reasons beyond Brandbq’s control; 3) loss of data caused in particular by equipment or system failures or other circumstances for which Brandbq is not responsible in accordance with the relevant legal provisions.
4. Establishing cooperation with the Author
5. Personal details
5.1. The Author is obliged to provide correct personal data necessary to identify and contact the Author.
5.2. The Author’s personal data are processed in accordance with the relevant legal provisions and the information provided to the Author when submitting personal data to Brandbq - this information is also contained in the provisions below.
5.3. The Controller of the Author’s personal data is Brandbq (“Controller”). Enquiries or requests relating to the processing of personal data should be submitted using the contact details below: [email protected] or: Brandbq Sp. z o.o., Aleja Pokoju 18, 31-564 Kraków.
5.4. The Controller processes the personal data provided by the Author in accordance with the legislation in order to: d) use the Graphics in accordance with these Regulations, e) comply with the obligations arising from the legislation on personal data protection, f) contact the Author in order to forward a proposal for collaboration.
5.5. The processing of personal data is carried out by the Controller on the basis of: (i) the performance of the contract for the provision of electronic services in connection with maintaining an account in the Graphics Bank on the basis of these Regulations and the licence agreement on the basis described in these Regulations, (ii) taking action prior to the conclusion of the contract at the request of the Author (submission of the Graphics to the Graphics Bank and their evaluation by Brandbq); (iii) legitimate interests of the Controller or another person. Legitimate interests pursued by the Controller include: contacting Authors, protecting rights and asserting claims, including claims related to the protection of personal data.
5.6. The data is retained until the Author requests deletion of the Graphics or until deletion of the Graphics by Brandbq under the relevant provisions of the of the Graphics of these Regulations, and for the period necessary to fulfil the purposes of the processing set out above, including the limitation period for claims that may be raised against or by the Controller, in particular in connection with the performance of the contract for the provision of electronic services concluded under these Regulations.
5.7. In accordance with the provisions of the General Data Protection Regulation of 27 April 2016 (“Regulation”), the Author has the following rights: access to the data; rectification of the data; erasure of the data; restriction of the data processing; data portability (where the processing is based on consent or contract); objection (where the processing is based on a legitimate interest of the Controller); withdrawal of consent (where the processing is based on consent).
5.8. The Author has the right to lodge a complaint with the supervisory authority if they believe that the processing of personal data violates the Regulation. In Poland the supervisory authority is the President of the Office for Personal Data Protection.
5.9. The Author’s data may be made available to service providers with whom the Controller has entered into cooperation to the extent necessary to conduct and operate the Controller’s business, including legal and tax advisors, as well as hosting services. The data may be made available to the relevant tax or customs authorities, as well as to other public administration or local authorities, if required by the relevant legislation.
6. Final provisions
6.1. Brandbq reserves the right to amend the Regulations. Such amendments shall enter into force on the date of their publication.
6.2. By uploading a Graphic to the Graphics Bank, the Author agrees to the provisions of these Regulations.
6.3. Brandbq may terminate the operation of the Graphics Bank at any time, of which each Author will be notified.
Effective from 19.09.2023
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