Rules and Regulations of Fotka social media site
of May 21st 2018.
Section I - Introduction
Article 1
These Rules and Regulations define the operation rules of Fotka.com site hereinafter referred to as the Site, and the terms of providing and using all Services offered by the Site such as chat, webcams, internal communicator, forum. Detailed and specific rules and regulations of using each service on the Site, non-conflicting with these Rules and Regulations, can be described in appendices specified in the content below.
The Site's name, its concept, graphic design, logo, graphic elements, trademarks, software and database are protected by law.
Article 2
These Rules and Regulations have been drafted in compliance with provisions of law which are applicable on the territory of the Republic of Poland, and they set forth the Site's operation rules, and the terms of providing and using the Services. The Rules and Regulations specify the rights and obligations of Users, as well as the rights, obligations and the scope of responsibility of Fotka as the entity governing and running the Site.
Article 3
The entity governing the Site is Fotka Spółka z ograniczoną odpowiedzialnością Spółka komandytowa with its registered seat in Warsaw, al. Księcia Józefa Poniatowskiego 1 Alley, postal code 03-901 Warszawa, entered into the register of enterprises of the District Court for the capital city of Warsaw, XIII Commercial Department of the National Court Register (KRS) under KRS No. 0000721451, with its tax identification (NIP) No. 113-257-96-12 and share capital (paid up) amounting to PLN 60.000,00.
Article 4
Every user is obliged to get acquainted with the Rules and Regulations and the Privacy Policy, and to follow their provisions, as well as the provisions applicable on the territory of the Republic of Poland. Accepting the Rules and Regulations takes place at the moment of ticking a relevant field during the process of registration at the site. Accepting the Rules and Regulations means also the acceptance of detailed terms and conditions of using particular functionalities of the Site.
Section II - Definitions
Article 5
The terms applied in the Rules and Regulations should be interpreted as follows
The Administrator
Individuals indicated by the entity governing the Site.
Ban/Blocking
Access blocking imposed on the User for illicit breach of the provisions of the Rules and Regulations.
Black list
A list defined by the User, comprising other Users who have no possibility to browse the User's profile, sending messages, posting comments, and who have no insight into the User's Materials.
Data
Any data, in particular information, photos, films, posts or comments which the User freely places at the Site;
Personal Data
Gathered in the registration form (available at https://fotka.com/rejestracja/), and then freely modified by the User while his or her activities at the Site, information concerning an identified or identifiable natural person, processed by Fotka in order to provide pertinent Services set forth in the Rules and Regulations of Fotka Site, as well as to conduct operational and statistical activities connected with running the Site and for other purposes, indicated in a relevant consent granted by the User. The notion of personal data also refers to data automatically collected by the Administrator of the Site, such as data of the device which the User employs in order to connect with the Site, and data on location, used to ensure the safety of the Site's functioning.
Fotka/the Site
Social media site accessible online at www.fotka.com, as well as via Fotka apps available for phones operating on systems: Android, iOS and Windows Phone.
Fotka Team (FT)
Individuals managing and running the Site. The login name of these individuals contains Fotka's logo in blue.
Fotka Friend (FP)
User who helps other Users get better acquainted with the Fotka Site, who looks after the quality and credibility of posted photos, videos, descriptions and comments. The login name of these individuals contains Fotka's logo in grey.
Additional functions
The Site's functions available for the User after access activation in the Star Club. (Detailed information).
Group
A group of Users who share similar interests.
Account The page/server space of the Site available for the User, at which the User can place Data with which other Users may get acquainted, and which Fotka may also use under these Rules and Regulations and in compliance with consents granted by the User;
Comment/Post Text added by the User at the Site Materials
Photos, videos and other content placed by Users
Profile/Login name String of characters entered by the User at the Site, allowing further identification while using the Site.
Endowed User
User who has obtained access to Star Club from another User. Profile
Space at the Site where the Data entered by the User are published. Special Profile Profile created by Fotka Team for third parties, based on a separate agreement between the Site and this party;
Private message Message sent to the User by another User via internal messaging system of the Site. The messages are stored both on the side of the sender and the receiver of each message. By deleting the messages, the user deletes their own copy; messages deleted by both sides of the conversation are irreversibly deleted from the Site.
The Site reserves the right to analyse the content of private messages by antispam system and to delete the messages which are older than 6 months.
Rules and Regulations Document specifying the rules of using the Site, in particular the rights and obligations of users and of the Site, including appendices constituting an integral part thereof;
Star Club
Paid service available at Fotka, allowing the activation of Additional Functions. Tips
Service consisting in sending 'tips' by users who release broadcasts at Fotka. Click here to find out more about Tips.
User Natural person in their full legal capacity who, by accepting the Rules and Regulations, was granted access to the Services. A user can be also a minor and/or a natural person not having full legal capacity, subject to the approval of his/her legal guardian;
Agreement The agreement on providing services by electronic means, concluded between the User and Fotka upon the moment of accepting the Rules and Regulations, and the Policy by the User, the content of which is compliant with the content of the Rules and Regulations and Privacy Policy.
Account verification Takes place after successful registration in the Site. It consists in sending a special code via SMS message to the phone number indicated by the User. The code needs to be entered by the User in a space indicated on the Site.
Location The city name provided by the User in a relevant form or location determined based on GPS location shared by the User to Fotka. The location enables the User to browse profiles of other users who are in the same or nearby location. The User can indicate up to three locations in their profile. The history of location changes is stored for maximum 24 hours.
Filter Information on the User's preferences concerning sex and age of users whose profiles the User wishes to browse. The information on the User's filter is unavailable to other Users.
Section III – Registration and terms of using the Site
Article 6
The User of the Site can be any natural person over 16 years old who has completed the registration process and accepted the full content of the Rules and Regulations, whereby the condition of using separately stipulated functionalities of the Site is the User's coming of age.
Article 7
Registration on the Site consists in correctly fulfilling the form available at: https://fotka.com/rejestracja/, accepting the Rules and Regulations and Privacy, and confirming email address by clicking the link. Every User is sent the confirmation link to the email address indicated in the process of account registration.
Article 8
During the registration process the User is obliged to give his or her true and up-to-date data, as well as to update them if they should change.
Article 9
Successful completion of the registration process means signing an Agreement for an indefinite period for using selected non-paid functionalities of the Site and using selected by the User paid services and functionalities.
Article 10
After completing the registration process, the User may be asked to verify their account via phone number. Sharing the phone number constitutes granting consent to its processing for the statistical and safety purposes. The number is not used for marketing purposes, the verification procedure does not entail the activation of any paid serviced for the indicated number. After completing the verification of their Account, the User obtains full access to all non-paid functionalities of the Site.
Article 11
The User who has concluded an Agreement for using the Site may obtain notifications about the activities on their account, suggestions concerning new friends or information on the content added by friends, all of which will be sent to the email address indicated during the registration process and to the end devices.
Article 12
A registered User of the Site has the right to:
- having their own Account and Profile on the Site,
- changing or deleting their data with the use of Account options,
- browsing Profiles of other Users and voting for profiles and photos,
- sending private Messages, including commenting profiles, photos or videos,
- taking part in forum discussions, in the chat and in groups.
Article 13
Is not allowed to:
- use vulgarisms and expressions commonly perceived as offensive, or in any way disrespectful to the dignity of other users,
- posting pornographic content,
- promoting websites which are unconnected with the Site,
- posting Materials which breach the Rules and Regulations,
- using programs (bots) which generate queries to Fotka's servers. Any activities of this sort may be interpreted as a DoS attack (Denial of Service). The only exception are programs using official API Service,
- sending spam,
- placing content and materials of commercial nature, without a written consent of the entity governing the Site.
- sharing personal data of third parties without their consent.
Section IV - Account
Article 14
The User may open up to 3 Account on the Site.
Article 15
Disclosing the Account password to third parties is forbidden.
Article 16
The User is the only person allowed to use the Account. It is forbidden to open and use accounts by 2 or more people simultaneously. The only exception is Special Profiles.
Article 17
The User has the right to delete their Account by themselves or by contacting the Site Administrator. Deleting the Account is tantamount to terminating the Agreement with the Site.
In order to delete the account, it is necessary to open 'Settings', and then click the word 'delete' which is placed in a sentenced located at the very bottom of the page: 'Remember that you can always change your data or delete your account entirely'.
Deleting the account results in deleting all of the User's personal data from the Site, except for personal data which the Site is obliged to store by virtue of other provisions, and statistical data subject to anonymization. The procedure of complete deletion of the account including personal data may take up to 30 days.
Article 18
In case of breaching any provisions of these Rules and Regulations, the User's Account may be blocked temporarily, permanently (Ban) or deleted. Blocking or deleting may be applied simultaneously to all of the User's Accounts.
Article 19
Accounts blocked pursuant to Article 18 cannot be deleted by the User.
Article 20
Accounts which have not been used for 6 months since the last logging in, may be deleted.
Article 21
In case of initiating the procedure indicated in Article 20, the User shall be informed about the intention of Account deletion by the Administrator of the Site. In case of non-opposition within 30 days, the Account is deleted.
Article 22
The User's death is tantamount to the termination of Agreement of the Site.
Article 23
Should circumstances described in Article 22 take place, the Account is blocked and deleted from the Site after 30 days since blocking.
Section V – User's Materials
Article 24
The User is fully accountable for the Materials placed on the Site, in particular photos, videos, texts and conversation content in Groups, on a forum or sent via Private Messages.
Article 25
The Site is by no means accountable for unauthorised use of Materials placed on the Site by third parties. The User assumes full responsibility.
Article 26
The Administrator is not accountable within boundaries of applicable provisions of the law and principles of social interaction for Materials shared and published on the Site by its Users, however the Administrator will undertake every effort to delete/block materials which infringe the Rules and Regulations.
Article 27
By accepting the Rules and Regulations the User declares that he or she has the right to all Materials which they post and place on the Site, as well as the consent to publish in case if there are third parties appearing in these Materials.
Article 28
The Site Administrator has the right to decrease/compress the User's Materials. The Administrator is not obliged to inform the User about this fact.
Article 29
The Site Administrator has the right to use the User's Materials in promotional content, in particular to use them in email notifications sent to other Users, to publish them on the funpage at Sites such as Facebook, Instagram and YouTube.
Article 30
The Administrator has the right to verify the authenticity of Materials at any time by calling the User to send their up-to-date photo with a note in hand (reading their login and date), with a screen and visible Site's page in the background.
Article 31
Photos collected pursuant to Article 30 shall be used only for verification.
Article 32
Non-compliance with the Administrator's instruction pursuant to Article 30 will result in permanent or temporary blocking or deleting the Account.
Section VI – Services and Functions
Article 33
The User may activate a promotional package 'Star Club' for another User, they cannot, however, demand from an Endowed User any activity in return.
Article 34
During the registration to the Site, the Endowed User is informed about the activation of promotional package 'Star Club' by another User; he or she is also entitled to accept or reject its activation. Should the User reject the activation of the 'Star Club' promotional package, the package is activated on the account of the Giving User.
Article 35
Activating the 'Star Club' promotional package for another User is subject to the provisions of the Act of 28 July 1983 regarding taxes from inheritance and donations (consolidated text, Journal of Laws of 2018, item 644).
Article 36
The scope of access or the scope of providing Additional Functions included in the service Star Club, both existing and added in the future, may be changed by the Site Administrator at any time for important reasons. It also applies to adding and deleting particular Additional Functions. The changes mentioned above shall not breach the right acquired by Users.
Article 37
The 'Star Club' service is activated automatically after the money transfer has been delivered to the account of the Administrator or the confirmation of the transfer from the SMS Operator. Activation of the 'Star Club' service means the request of service provision before the lapse of waiver time (14 days). It is tantamount to User's losing the right to waive the agreement for the Star Club service. Should the User not commence the use of the paid functionality after the money transfer has been delivered to the Administrator's account, the User has the right to waive the agreement within 14 days, pursuant to Article 38, item 13 of the Act of 30 May 2014 on Consumer Rights (consolidated text, Journal of Laws of 2017, item 683, 2361, of 2018, item 650).
Article 38
Subscription service granting access to Star Club for 14 days.
The service consists in signing up for SMS MT subscription and obtaining access to Star Club every 14 days.
In order to activate the service, it is necessary to send SMS message, with a unique content for each user, given at the page: https://fotka.com/klubgwiazd/mt?days=14 to the number 60568
The charge for activation SMS message is 5 PLN net (6,15 PLN gross).
The message confirming activation of subscription will be delivered to your account every 14 days, with the following content:
Your account has been topped up with star package for another 2 weeks'.
In order to terminate the service it is necessary to send SMS message of the following content: STOP FOTKA to the number 60568.
Subscription is available with GSM mobile operators: T-MOBILE, Orange, Plus, Play.
Subscription service granting access to Star Club for 30 days.
The service consists in signing up for SMS MT subscription and obtaining access to Star Club every 30 days.
In order to activate the service, it is necessary to send SMS message, with a unique content for each user, given at the page: https://fotka.com/klubgwiazd/mt?days=30 to the number 60968
The charge for activation SMS message is 9 PLN net (11,07 PLN gross).
The message confirming activation of subscription will be delivered to your account every 30 days, with the following content:
Your account has been topped up with star package for another 30 days
In order to terminate the service it is necessary to send SMS message of the following content: STOP FOTKA to the number 60968.
Subscription is available with GSM mobile operators: T-MOBILE, Orange, Plus, Play.
Article 39
Subscription service granting access to Star Club for 30 days with the use of payment card.
The service consists in signing up for payment card subscription and obtaining access to Star Club every 30 days.
In order to activate the service, it is necessary to use activation form available in the tab 'Star Club subscription with a payment card' at https://fotka.com/ustawienia/platnosci by providing payment card information.
The charge for every commenced period is 12 PLN.
Subscription status and renewal date can be checked in the tab Star Club Subscription at: https://fotka.com/klubgwiazd/subskrypcja .
Subscription can be terminated in the tab Star Club Subscription: https://fotka.com/klubgwiazd/subskrypcja and in the payment section in settings of your account: https://fotka.com/ustawienia/platnosci .
Subscription is available for payment cards: Visa and MasterCard.
Entities responsible for payments are: Dotpay S.A, Wielicka 72, 30-552 Kraków and Autopay S.A, Powstańców Warszawy 6, 81-718 Sopot.
Article 40
Service granting access to Star Club for 30 days.
In order to activate the service of access to Star Club for 30 days, you should enter the web page: https://fotka.com/klubgwiazd and indicate your mobile phone operator, and then enter your phone number. To the provided phone number you will be sent SMS message with PIN code which should be entered at the web page. One-off fee for the Service activation is 16,99 PLN gross (13,81 PLN net). After successful completion of the steps described above, you will receive a message confirming the activation of access to Star Club on your account: 'Thank you for using the service of fotka.pl_Star Package 30 days, the cost: 16,99 PLN with VAT. Should you have any complaints, please contact MOBILTEK, reklamacje@mobiltek.pl', additionally this information will be also displayed at the web page. After the lapse of selected access period, the Star Club Service will be automatically switched off on your account and if you wish to activate it again, you should make the payment in a way described above. The Service is available with GSM mobile operators: T-MOBILE, Orange, Plus, Play.
Service granting access to Star Club for 90 days.
In order to activate the service of access to Star Club for 90 days, you should enter the web page: https://fotka.com/klubgwiazd and indicate your mobile phone operator, and then enter your phone number. To the provided phone number you will be sent SMS message with PIN code which should be entered at the web page. One-off fee for the Service activation is 31,00 PLN gross (25,20 PLN net). After successful completion of the steps described above, you will receive a message confirming the activation of access to Star Club on your account: 'Thank you for using the service of fotka.pl_Star Package 90 days, the cost: 31,00 PLN with VAT. Should you have any complaints, please contact MOBILTEK, reklamacje@mobiltek.pl', additionally this information will be also displayed at the web page. After the lapse of selected access period, the Star Club Service will be automatically switched off on your account and if you wish to activate it again, you should make the payment in a way described above. The Service is available with GSM mobile operators: T-MOBILE, Orange, Plus, Play.
Service granting access to Star Club for 180 days.
In order to activate the service of access to Star Club for 180 days, you should enter the web page: https://fotka.com/klubgwiazd and indicate your mobile phone operator, and then enter your phone number. To the provided phone number you will be sent SMS message with PIN code which should be entered at the web page. One-off fee for the Service activation is 47,00 PLN gross (38,21 PLN net). After successful completion of the steps described above, you will receive a message confirming the activation of access to Star Club on your account: 'Thank you for using the service of fotka.pl_Star Package 180 days, the cost: 47,00 PLN with VAT. Should you have any complaints, please contact MOBILTEK, reklamacje@mobiltek.pl', additionally this information will be also displayed at the web page. After the lapse of selected access period, the Star Club Service will be automatically switched off on your account and if you wish to activate it again, you should make the payment in a way described above. The Service is available with GSM mobile operators: T-MOBILE, Orange, Plus, Play.
Article 41
Webcams are a function of the Site allowing the Users to broadcast image and sound.
Article 42
Webcams are available only to Users who are over 18 years old. Users who are over 16 years but under the age of 18 can use the Webcams function only with the consent of their parents or legal guardians.
Article 43
The Administrator has the right to call underage Users using Webcams to present documents confirming the consent of their parents or legal guardians.
Article 44
Failure to comply with the Administrator's instructions pursuant to Article 41 or the breach of the provisions of these Rules and Regulations shall result in temporary or permanent blocking the account.
Article 45
Entities responsible for online payments are: Autopay S.A and Dotpay S.A.
Available forms of payment:
Payments cards:
- Visa
- Visa Electron
- MasterCard
- MasterCard Electronic
- Maestro
In case of any reason making it necessary to return the amount paid in the transaction made by the client with a payment card, the Selling party shall return the amount to the bank account assigned to the payment card of the Ordering party.
In case where a client made the transaction by an online transfer, electronic payment or using a payment card, the order is executed immediately after receiving a positive authorisation of the payment.
A consumer who concluded agreement in distance or off-premises of the enterprise has the right to waive it without stating his or her reasons within 14 days.
Article 46 Any complaints should be reported via contact form or by email fotka@fotka.com
Article 47 These Rules and Regulations with appendices are available in their updated version at fotka.com/regulamin Article 48
The Site reserves the right to change the provisions of the Rules and Regulations at any time, and inform the Users in accordance with requirements set forth in this scope by legal provisions. Should the User not accept the changes to the Rules and Regulations, he or she has the right to terminate the Agreement within 30 days as of the date of the change of provisions of the Rules and Regulations by deleting their Account (until this moment the User is bound by un unchanged version of the Rules and Regulations).
Appendices which constitute an integral part thereof: Rules of the Fotka.com website Rules for uploading photos, videos and other graphic contentSection VII - Complaints
Section VIII – Final provisions