The document below clearly regulates the way NuPlays operates as well as our rights and obligations towards both user's and seller's rights and obligations. It is a detailed document, written in precise, legal language. To make it easier for you, we're summarizing the most important points below.
Last updated: May 24th, 2018
These rules specify the terms and conditions of the use of the website operated under the name of NuPlays run in the domain of nuplays.com, hereinafter called the Service Provider or NuPlays and the rules of use of the services provided electronically within the services provided under the domain of nuplays.com by NuPlays.
The Data controller of your personal data is NuPlays S.A. with headquarters in Warsaw at ul. Mińska 25, e-mail: email@example.com. Your personal data has been received from you while creating an account on the NuPlays site. In any matters related to your data, please contact the Data Controller: firstname.lastname@example.org. The data provided by you will be processed in order to perform the services, in particular:
- enabling the provision of electronic services and full use of the NuPlays website
- age verification in case of offers available only to people over 18 years old (based on the provisions of applicable law),
- personalization of the user's profile,
- setting up and managing an account,
- execution of transactions with other users of the Nuplays website
- execution of transaction with NuPlays S.A.
- contacting you to answer your questions send to NuPlays
- storage of your data for tax and accounting purposes.
If you agree, we will process your (additional) data in order to:
- saving data in cookie files, collecting data from websites.
Your personal data will be passed to the other party of transaction that you contain at NuPlays and to entities supporting us in the provision of electronic services, that is, those that provide payment services in order to properly perform the services specified in the ToS. Your personal data may be transferred outside of the European Economic Area in a situation where you enter into a transaction with another NuPlays user who is based outside the European Economic Area. We will always show you information about the seat of another user before the transaction, thanks to which you will be able to decide on the transaction and transfer of data outside the European Economic Area.
Your data will be stored for 10 years from the date of transaction. You have the right to access your personal data, rectify it, delete or limit processing. You have the right to object to further processing, and in the case of consent to the processing of data to withdraw it. The exercise of the right to withdraw consent does not affect the processing that took place until the consent was withdrawn. You have the right to transfer data. You have the right to lodge a complaint with the President of the Polish Office for Personal Data Protection. Your personal data will be processed in an automated way however, it will not cause any legal effects to you or have a significant effect on your situation. Data profiling by NuPlays involves processing your data (also in an automated way), by using them to evaluate some information about you in particular to analyze or forecast your personal preferences and interests.
IP Address - is a unique number allocated to the network interface based on IP, assigned by Internet provider.
File - means an electronic file containing sounds, visual, audiovisual, graphic or photographic content entered to the System by the User who stores it in the System and administers it within the hosting services referred to in the point 2.1 of the Rules.
Fan – means Service User who is a consumer as understood in Art. 22 (1) of the Civil Code, i.e. an individual taking legal action which is unrelated to his/her business or professional activity as well as taking advantage of Fan Account
Form – means online form used by NuPlays allowing the User to transfer data to the Service Provider (including personal data as referred to in Act on Personal Data Protection dated 29 August 1997), the data being required to register, set up a User Account and use the Services.
Forum – stands for the space made available by NuPlays on its website for Users to post opinions and is a comments system called Comments Box implemented in the System and integrated with Facebook or any other system for comments publication by the Users.
Seller Account – Service User Account dedicated to Sellers, featuring functionalities related to presenting offers, concluding and settling Transactions
Materials - all kinds of data including text and graphic content, visuals, audio and audiovisuals, databases and the applications included or shared in the content of the Website by NuPlays or through NuPlays;
User Materials –all kinds of data, including Files, Offers, text and graphic content, any other non-File records, databases User-entered into the System, or made available by the Service User to other Users
Offers - means offers made by the Seller directed at the Fans concerning sharing the Files with the Fans as well as Transfer, Goods’ purchase and paid or unpaid acquisition of Accompanying Entitlements;
User Profile - means space on the Website made available to the User who sets up a User Account, stores, archives, presents and administers User Materials as well as the data on the User’s activity on the Website. User Profile is the site connected with the Service User and made available to other Users by this Service User.
High Quality Files - means 320 kbps MP3 files
Website - means the service website known as NuPlays conducted by the Service Provider domain nuplays.com together with all related sites, according to the features offered on the Website and its contents. The Website is based on NuPlays IT system comprising space on servers remaining at NuPlays disposal, as well as other means of computer data hosting and software. The System executes the features of the Website.
Seller – means Service User who takes advantage of Seller Account and by means of the Seller Account he/she can offer the Fans his/her Offers and conclude Transactions with the Fans; Seller can solely be an entity which is not a consumer as referred to in Art. 22 (1) of the Civil Code;
Accompanying Benefits- goods or services accompanying the main entitlement being the subject of the Offer in terms of Goods.
Goods - means rights, goods, or services offered by the Seller within the Offer by means of User Profile
Transaction - is an agreement entered into by the Seller and the Fan, the subject of which is the Seller Offer’s subject, concluded on payment by the Fan for the Offer selected.
Transfer- means data transfer (streaming) including content determined in the Offer description and the possibility to play the content by the receiver on connection to the Internet in real time. Data transfer is sharing sets of data by means of Internet and simultaneous downloading by the receiver and accessing the content while being connected and downloading. Every set of data includes the amount of information sufficient to play a certain part of the content. The transfer takes place separately for every receiver.
User - means any individual having full legal capacity, an individual with limited legal capacity acting with the consent of his or her legal representative, legal person or organizational unit with no legal personality which takes advantage of the Website and its Services.
NuPlays Reward Points- means the points awarded to the Fan purchasing the subject of the Transaction from the Seller, based on the Transaction;
NuPlays MEGAoffer - means a system of rewards and benefits granted by NuPlays to NuPlays Fans, depending on the Reward Points accumulated by the NuPlays Fan.
2.1 NuPlays services provided within the operation of the Website are:
2.1.1. The service of Fan Account which provides the Fan with the following basic features in the System:
a / possibility to store User Materials as well as the access to them via desktop and mobile devices,
b / possibility to publish data on his/her own activity in the User Profile as well as the possibility to download and store User Materials shared free of charge by other Users,
2.1.2 The service of Seller Account which provides the Seller with the following features in the System:
a / possibility to store User Materials, including Offers as well as the access to them via desktop and mobile devices,
b/ possibility to manage User Materials, including Offers, especially in terms of archiving, presenting, sharing in User Profile,
2.1.3 The service of User Profile, by means of which the User can store, archive and present User Materials, as well as manage them, especially in terms of making them available to other users and sharing information on his/her own activity in the Service Website.
2.2 NuPlays provides the Service Providers under hosting rules with the platform enabling to store User Materials by Service Providers and their exchange with other Service Providers. The Service Provider only ensures technical resources in the form of possibility to access and use the Services, and exclusively the Service User decides about the way the Service will be used and the User Materials stored. The Service Provider shall neither track the content of User Materials, the data transferred between Service Users nor possess the knowledge of the data stored and possibility to control it.
2.3. Regardless of the Services referred to in point 2.1. NuPlays service provided through the Website is the participation in MegaOffer to which those entitled are the Fans who have accumulated the appropriate number of NUPAYS reward points.
2.5. The Seller who intends to share User Materials, including make Offers to Fans, shall set up and maintain a User Profile. The Seller shall share User Materials and Offers via his/her User Profile. The Fan may set up and maintain User Profile.
2.6. Those eligible to be the Users are those individuals who are at least 18 years of age and have full legal capacity, legal persons and organizational units with no legal personality. The Users may also be the persons who are at least 13 years of age, and not yet 18 years, with their rights and duties subject to the regulations of applicable laws.
3.2. Registration on this website is provided separately for the Fans and the Sellers.
3.3 Upon registration with System, the Fan is granted access and possibility to take advantage of:
a/ the service of Fan Account and
b/ the service of User Profile and
c/ the service of Forum and
d/ the service of Megaoffer
3.4 Upon registration with System, the Seller is granted access and possibility to take advantage of:
a/ the service of Seller Account and
b/ the service of User Profile and
c/ the service of Forum
3.5. The User declares that all the data that is entered in the Form is true, up-to-date and complete. In order to conclude the Transaction, purchase the Transaction subject and access the Megaoffer’s benefits, the Service User may be required to provide additional data (e.g. delivery address). In such case, the Service User declares that any additional data, which the User provided voluntarily in order to conclude the Transaction, receiving the Transaction subject, accessing Megaoffer’s benefits is true, up-to-date and complete.
3.6. The User agrees not to disclose his or her User Account and User Profile details to any other persons except the situation where the Seller is a legal person or organizational unit with no legal personality, in which case certain physical persons holding the relevant Power of Attorneys to represent and use the Website may act on behalf of and for the Seller.
3.7. The User agrees to use the utmost care to protect the User account name (login), and the User’s password to prevent unauthorized access. In particular, the User agrees not to disclose his or her login and password to other unauthorized Users and to use security software to protect against unauthorized access to data contained in the devices used by the User.
3.8. The Seller is fully liable for any factual and legal actions taken as a part of the features of the Website by third parties using his/her Seller Account, and / or User profile and the data contained therein, in particular in the administration of User Materials and their sharing. The Seller accepts full responsibility for such acts carried out using his or her assigned Seller Account and User Profile and the data contained therein, as for his or her own actions.
4. The duties of the Service User
4.1. The Service User is obliged to:
b/ secure the access to the Services, using them, including secure passwords used when accessing and using the Services and not disclose them to unauthorized persons; the User is liable for any data security infringement caused by his/her inappropriate security ensuring of the access to the Services and using them,
c/ update promptly the information included in the Form,
d/ notify the Service provider promptly of detecting unauthorized access to the Website or the Services, unauthorized usage of the Website or the Services or any other security infringement,
e/ obtain relevant rights, including copyrights to use the User Materials the way they are used in the Website, compliant with its functionalities, especially ensure the rights for the Service provider, the Service subproviders to the extent required to provide the Services, as well as for the fans to the extent required to purchase the User Materials.
4.2. The User solely is liable for the User Materials.
4.3 The User shall use the Services in a way that abides by the law, the rules of social coexistence and good practice as well as respects the rights of third persons. The User shall especially not violate:
a/ personal data privacy
b/ personal goods, including image, the right to privacy or confidentiality of correspondence,
c/ intellectual property rights, including author’s and related rights (including propriety rights and moral rights) and industrial property rights (including rights in inventions, trade marks, service marks, rights in design, topography rights) and rights in know-how
d/ rights in confidential information, including the industry and company secrets
e/ data security, including the information processed in Telecom/IT systems,
f/ public order, the rules of social coexistence and good practice especially through posting or dissemination of particular content, including fascist or promoting any other totalitarian content, hatred based on nationality, ethnicity, gender, race, religion, coarse or offensive language,
g/ rights of the Service provider and other Users through any kind of activity which could disturb or interfere with the operation of the Website as well as using the Services in a way that is onerous to other Users
5. The rules of concluding Transactions
5.1 Seller shall make the Offer on the following principles:
a / the Seller who provides the Offer is obliged to provide complete and accurate description of the Offer subject, as well as all the information required by law, including the law of consumer protection. By creating the Offer and the Transaction description, the Seller determines the general conditions of the contract concluded with the Fans. The Seller is responsible for providing in the Offer description all the information required by law, in particular the law of consumer protection, as well as taking other complementary actions required by law in the case of transactions with consumers. NuPlays has no influence on the content of the Offer; the Seller assumes full liability for the content entered by him/her in the Offer, including the liability for any errors or inaccuracies contained in the Offer,
b / By making the Offer the Seller declares that the sale of the Offer subject and its use after the conclusion of the Transaction by the Fan does not violate applicable law or the rights of third parties, and that the Seller is entitled to enter into and execute an agreement on the terms specified in the Offer and according to the purpose of the contract set out in the Offer,
c / The Seller shall in each case specify the subject of the Offer, which may be the Goods, as well as the Accompanying Benefits, the price for the Offer subject, as well as information about the number of NuPlays points the Fan will be awarded on the purchase of the Offer,
d / Within the presentation of the Offer subject the Seller shall provide in the User Profile the opportunity to play the Files of up to 90 seconds in relation to the Offer
5.2 The Fan who wants to enter into Transaction with the Seller in respect of the Offer desired shall proceed as follows:
a / the Fan accepts the Offer by clicking the "BUY" button
b / the Fan from his/her Fan Account (with logged-in status) verifies the correctness of his/her chosen Offer subject and after verifying and correcting any errors, confirms the order of the selected Offer and chooses the method of payment through the payment provider,
d / In case of failure to make the payment by the Fan via the payment provider the Transaction is not concluded,
e / On payment by the Fan via the payment provider the Transaction between the Fan and the Seller is concluded.
f / After the Transaction is concluded, the Fan and the Seller receive confirmation of the Transaction, which includes the data on the other Party.
g / The Transaction is concluded under the conditions specified in the Offer and the language in which the Offer terms and conditions are indicated. Contractual terms and conditions specified in the Offer on which the Transaction was concluded are available in the Transactions history on the User Account.
5.3 The subject of the paid Transaction of the File are High Quality Files.
5.5 The Service User acknowledges and agrees that all Transactions concluded by the Service User within the Website are his/her own obligations to other Users.
5.6 NuPlays is not a party to any Transaction. NuPlays does not provide intermediary or agency services. NuPlays provides Users with a platform through which they can conclude Transactions.
5.7 Users are responsible for their conduct within the operation of the Website as well as for due execution of the Transaction entered into by themselves. NuPlays is not liable for improper performance or non-performance of the Transaction by the Service User.
5.8 Given that NuPlays does not monitor, verify, control, supervise how User Accounts and User Profiles are used by the Service Users, in particular, does not monitor, verify, control, supervise the content of the Sellers’ Offers, the Transactions concluded or the Transaction subjects acquired, and does not verify the actual existence of the Seller Offers subjects, quality or safety of the Offer items; the Sellers only are responsible for the correctness, accuracy, reliability, completeness and legality of the information provided in the Offers, as well as the quality, safety and legality of the Offer and Transaction subjects.
5.9 Unless otherwise indicated by the Seller in the Offer description or on the User Profile, in terms of property rights to the Transaction subjects, the Fan acquires on the basis of the Transaction a right to use the Transaction subject solely for personal use. It is especially unacceptable to record, copy, download, redistribute, transform, etc. beyond the scope of permitted personal use.
5.10 The principles set out in points 5.7. to 5.11 apply to the User Materials made available to other Users in the User Profile.
6.1. The Fan has the right to withdraw from the Transaction with the Seller within 14 days without giving any reason, subject to the situations referred to in point 6.14 of the Regulations when according to the law the Fan is not entitled to withdraw from the Transaction or in the circumstances specified therein, the Fan loses the right to withdraw from the Transaction.
6.2 The deadline to withdraw from the Transaction shall expire after 14 days from the date on which the Fan came into possession of the Good (eg T-shirt) or in which a third party other than the carrier and indicated by the Fan acquired the Good.
6.3 In order to exercise the right to withdraw from the Transaction, Fan must inform the Seller to the address or e-mail address or fax number of the Seller given to the Fan at the conclusion of the Transaction or via the form on the Website to contact the Seller about his decision to withdraw from the Transaction by way of a clear statement ( for example, a letter sent by post, fax or e-mail, a message sent via a contact form with the Seller).
6.4. The fan may use the model withdrawal form, but it is not mandatory. A model withdrawal form below:
MODEL FORM OF WITHDRAWING FROM THE AGREEMENT
(this form should be filled in and returned only if you wish to withdraw from the contract)
- Addressee [please enter the full name of the Seller, the full mailing address of the Seller and, if available, the fax number and e-mail address of the Seller]
- Ja / My (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for a work involving the following items (*) / for the provision of the following service (*)
- Date of conclusion of the contract (*) / receipt (*)
- Name and surname of consumer (s)
- Consumer (s) address
- Signature of the consumer (s) (only if the form is sent in paper version)
6.5. The Fan may also fill out and send the withdrawal form or any other unambiguous statement by e-mail on the Seller's website, provided it was provided by the Seller during the conclusion of the Transaction. If the Fan uses this option, the Seller will immediately send the Fan a confirmation of receipt of information about the withdrawal from the contract on a durable medium (for example by e-mail).
6.6 To keep the deadline to withdraw from the Transaction, it is sufficient for the Fan to send information regarding the exercise of the Fan's right to withdraw from the Transaction before the deadline for withdrawal.
6.7 In the event of withdrawal from the Transaction, the Seller returns to Fan all payments received from Fana, including costs of delivering the Goods if they were incurred by Fana (except for additional costs resulting from the method of delivery chosen by Fana other than the cheapest method of delivery offered by the Seller), immediately, and in any case not later than 14 days from the date on which the Seller was informed about the Fana's decision to exercise the right to withdraw from the Transaction.
The reimbursement of the payment shall be made by the Seller using the same payment methods that were used by the Fana in the original Transaction, unless Fan explicitly agreed otherwise; in any case, Fan will not incur any fees in connection with this refund.
6.8. The Seller may withhold the return of payment until receipt of the item being the Subject of the Transaction or until the Seller provides evidence of its return, depending on which event occurs first.
6.9. The Seller does not receive the Goods from Fan. The Fan should send back or transfer the Goods to the Seller immediately and in any case not later than 14 days from the date on which the Fan informed the Seller about the withdrawal from the Transaction. The deadline is met if Fan sends back the item before the expiry of 14 days.
6.10. The Seller does not bear the cost of returning the Goods. The fan must bear the direct cost of returning the Goods.
6.11. The Fan is liable only for the decrease in the value of the item resulting from the use of it in a different way than was necessary to establish the nature, characteristics and functioning of the Goods.
6.12 Pursuant to the provisions, the right to withdraw from the Transaction is not vested in the Fan in respect of contracts:
a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer who was informed before the service begins that after the entrepreneur has fulfilled the benefit he will lose the right to withdraw from the contract,
b) in which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control, and which may occur before the deadline to withdraw from the contract,
c) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy his individual needs,
d) in which the object of the service is an item subject to rapid deterioration or having a short shelf-life,e) in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
f) in which the object of the service are things that after delivery, due to their nature, are inseparably connected with other things,
g) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control,
h) in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those whose performance the consumer demanded, or provides things other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is entitled to the consumer in respect of additional services or things,
i) in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging was opened after delivery (eg regarding CDs after unpacking),
j) for delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
k) concluded through a public auction,
l) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, leisure services, entertainment, sports or cultural events, if the contract designates a day or period of service (e.g. concert tickets),
m) for delivery of digital content that is not recorded on a tangible medium if the performance commenced with the consumer's explicit consent before the deadline for withdrawal and after informing the entrepreneur about the loss of the right to withdraw from the contract (eg regarding Files and Transmission ).
6.13 When placing an order, the Fan may agree to fully perform the Benefits by the Seller before the deadline for withdrawal (i.e., within 14 days from the date of the Transaction). The Fan acknowledges that upon expressing the aforementioned consent, Fan loses the right to withdraw from the Transaction, the subject of which is the Service.
6.14. When ordering, the Fan may request that the Seller commence performing his Benefit before the end of the withdrawal period. In this case, Fan does not lose the right to withdraw from the contract within 14 days from the date of the Transaction, but if Fan requested to start the performance before the deadline for withdrawal, Fan will pay the Seller an amount proportional to the scope of services completed until the Fan informed The Seller about the withdrawal from the Transaction.
7. The nature of the sharing of User Materials
7.1 By introducing in the Website any User Materials, especially any Files the Seller declares that he/she holds relevant rights, especially the copyrights and property rights and the related rights to use the User Materials in line with Website functionalities by the Seller as well as the right to authorize to use the User Materials in line with Website functionalities by NuPlays, NuPlays subcontractors and the right to share the User Materials with the Users and the right to allow the Users to use the User Materials and that these activities do not violate any rights or protected interest of third persons.
7.2 By introducing in the Website any User Materials, especially any Files or Transfers, the Seller authorizes NuPlays and its subcontractors to use these User Materials to the extent required to provide the Website Services compliant wit its functionalities (including storing these User Materials)
7.3 By entering User Materials in the User Profile the Seller authorizes the use of the User Materials by the Users for personal use.
7.4 By entering into the Transaction the Seller authorizes the use of the Transaction subject in a way which is consistent with the subject of the Offer and in the absence of information about the kind of using permitted by the User to the extent of permitted personal use.
7.5 It is absolutely prohibited to enter in the Website any User Materials for which the Seller has no full rights enabling to use the User Materials in accordance with the functionality of the Website, in particular the storage of these User Materials on the Website, the sharing of the User Materials with other Users, the granting of licenses to use the User Materials by NuPlays, NuPlays subcontractors or other Users.
7.6 The Seller shall bear full liability to NuPlays, NuPlays subcontractors, and the Users for having full rights to the User Materials.
7.7 The Seller, who has committed for the needs of and the use of the Website and the Services to have the appropriate rights, including intellectual property rights, for him/herself, and to the extent necessary to perform the Services for the Service Provider, its subcontractors, and in terms of content sharing for other Users, is obliged to indemnify the Service Provider, its subcontractors and other Users against liabilities to the third party making a claim related to the rights to the User Materials, including intellectual property rights.
7.8 In view of the above, the Seller is obliged to defend the Service Provider, its subcontractors and other Users at his/her own expense against claims of third parties addressed to the Service Provider, its subcontractors and other Users in connection with the rights or violation of rights to the User Materials and to cover the costs of the Service Provider, its subcontractors and other Users incurred in connection with addressing to the Service Provider, its subcontractors and other Users of such claims (including justifiable legal fees), provided that the Service Provider, its subcontractors or other Users, in relation to whom a third party filed a claim, promptly notify the User of any such claims. The Seller is obliged to keep the Service Provider, its subcontractors or any other Users informed of the actions taken.
7.9 The Seller and NuPlays declare that the introduction of User Material to the System by the Seller, as well as all activities consisting of publicizing the User Material, including its dissemination represent, in each case of using the functionalities of the Website, the User's active operations, which are taken based on his/her own decisions and the knowledge in the field of author’s moral rights, property rights and rights related to the content included in the File.
7.10 The Seller confirms that the subject of the Services, which NuPlays provides to the Users is hosting in the meaning of Art. 14 of the Act on Electronic Services based on Art.14 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, within the domestic market (Journal of Laws 178 of 17 July 2000).
7.11 In accordance with Article 14 of the Act on Electronic Services, NuPlays is not responsible for the data stored including the User Materials, if it provides data IT System resources (Service) for data storage by the User without being aware of the unlawful nature of the data, or related activities, and in the event of receipt of an official notice or obtaining reliable information about the unlawful nature of the data, or related activities, it immediately prevents access to the data.
7.12 NuPlays does not check or verify any User Materials stored on the Website. In the event of receipt of notification or obtaining reliable information about the unlawful nature of the data, or related activities, NuPlays shall immediately, but no later than within 2 working days of receipt of notification or obtaining reliable information about the unlawful nature of the data, or related activities:
a / notify the User whose data or associated activities are potentially unlawful of the receipt of such notice or message and of the intention to block such data by NuPlays. NuPlays shall send a notification at the e-mail address indicated in the User Account, and
b / immediately after sending a notice to the User, block the access to the data of potentially unlawful nature or related activities.
7.13 Notices regarding the unlawful nature of the data may be submitted by email to: email@example.com or at NuPlays mailing address: Minska 25 street, ZIP:03808, Warsaw, Poland
7.14 In the event of NuPlays receiving information and documents from the User, whose the data has been blocked within 7 days from the date of sending him/her the notice referred to in point 6.14 a / and if on the basis of the information and the documents NuPlays is able to determine, that the official notification or reliable information of the unlawful nature of the data, or related activities prove to be manifestly unfounded or false, NuPlays shall unblock access to the data in question.
7.15 In accordance with Article 14 (2) and (3) of the Act on Electronic Services, NuPlays which has received official notice of the unlawful nature of the User-entered data and prevented access to the data shall not be liable to the User for damage resulting from preventing access to such data if it immediately notified the User of the intention to prevent access to the data.
7.17 In case of the User violating the law through the use of the Services, NuPlays has the right to immediately and permanently block the User’s access to his/her User Account and User Profile and thus terminate the agreement on the Service provision with immediate effect along with notifying the relevant authorities of the fact of law violation. NuPlays may store the data included in the User Account and User Profile in part or in full solely for the purpose of securing of the evidence connected with the investigation and defense of its rights associated with the breach committed by the User for as long as may be required for this purpose. In case the breach is committed by the fan and is not connected with his/her prior acquisition of Transaction subjects, the fan shall have a right to back-up copy of the Transactions’ subjects.
7.18 Suspension of the User’s rights to use the Services does not exclude the User’s full liability for actions which resulted in the suspension.
7.22 The User agrees that in the case where - regardless of the principle presented in point 6.24 – it is required for NuPlays to realize any benefits in favor of an organization of collective management for proper functioning of the Website, NuPlays remuneration may be subject to change.
7.23 By accepting the Rules, the User agrees that his or her User Materials or their parts shall be used by NuPlays with the scope limited to using them in advertising, promotion and / or marketing activities of the Service Website, without additional compensation, in all forms and channels relevant in the dissemination of such materials.
8. Obtaining NuPlays Reward Points. MEGAoffers
8.1 Each Fan entering into transaction as a result of which he or she acquires the right to download a File or obtain a gift of User Offer, shall be informed in the content of the offer about the number of NuPlays Reward Points allocated to him or her at the time of the transaction.
8.2 NuPlays Reward Points allocated to the User are automatically recorded in the System, which informs the Fan of the number of the points awarded via his/her Fan Account.
8.3 NuPlays Reward Points obtained by the Fan serve solely to gain access to the benefits of NuPlays MEGAoffers and may not be exchanged for money. All information on current gifts and NuPlays benefits which the Fan can redeem for the points accumulated is available on the Website.
8.4 The Nuplays points can be used by the Fan until the agreement on Service provision is terminated. The Fan is allowed to transfer any number of points onto another User.
8.5 The Fan who wants to exchange NuPlays points for the Offer desired proceeds as follows:
a / the Fan selects the MegaOffer desired by clicking “REDEEM” button,
b / the Fan from his/her Fan Account (with logged-in status) verifies the correctness of his/her chosen Offer subject and after verifying and correcting any errors, confirms the order
c / On confirmation of the order, the Fan acquires the MegaOffer subject. The number of points assigned to the Fan Account is reduced by the number of points for the MegaOffer. The Fan receives a confirmation of acquiring the MegaOffer.
d / The transaction is concluded under the conditions set out in MegaOffer and the language in which the MegaOffer terms and conditions are indicated. Terms and conditions on which the MegaOffer was acquired are available in the Transactions history on the User Account.
9. Use of the Forums
9.1 The service Website provides access to the Forum for all Service Users.
9.2 In the operation of the Forum, the Service User regardless of prior registration on the Website, registers his or her presence at the Forum by selecting an original ID (nickname). The forum administrator or moderator may take as inadmissible a nickname which is a coarse word or phrase, or commercial designation or a nickname which is misleadingly similar to that of other User or Forum.
9.3 The Forum and the comments on it are neither NuPlays publication nor press material. The Forum service is only providing space on the Website for free expression by the Service Users.
9.4 Persons posting their comments on the Forum do so on their own responsibility.
9.5 The User acknowledges that any statement he or she posted on the Forum is publicized by the Service User and does not constitute publication by the Service Provider and that is aware of this fact and does not question his or her own liability for the dissemination of the content that may infringe the law, in terms of both absolute prohibitions, and the consequences of infringing rights of a third party.
9.6 It is unacceptable to post the following content on the Forum:
9.6.1 contrary to law, in particular, violating third parties’ rights,
9.6.2 inciting to discrimination or hatred on the foundation of religion, race, ethnic belonging, as well as promoting violence, and approving such conducts,
9.6.3 generally regarded as conflicting with the dictates of morality, contrary to the norms of social coexistence and violating the rules of netiquette including, in particular, abusive, obscene, vulgar or pornographic content
9.7 The Users must not post the content of advertising or marketing, including that of hidden advertising.
9.8 Within the operation of the Forum, the User shall not present any content protected by copyright law and related rights and Industrial Property Law, which he or she is not authorized to distribute.
9.9. The User hereby agrees not to upload to the Forum the contents specified in paragraphs 9.6, 9.7, 9.8 and 9.10.
9.10. It is unacceptable to raise topics by posting entries with no content.
9.11 The User declares that he or she accepts that within the functioning of the Forum and the Services described in the point 2.3, the provisions of 6.10- 6.17 and statements contained therein shall apply accordingly.
9.15. The presentation of statements posted by the User on the Forum can make visible a part of the IP address from which there was a connection to the server when posting an entry.
9.17. For the avoidance of doubt, Parties declare that the Forum, regardless of the legal classification of the service Website, is a separate part of the Website and does not constitute ‘press’ in the meaning of the Press Law.
10.1. The User declares that he or she knows that all the Materials posted, published or used in the Website available without registration, as well as that requiring registration, are subject to protection as intellectual property rights, including author’s property rights, trademarks, industrial design, know-how, all held by NuPlays based on NuPlays-acquired licenses or other approvals for distribution.
10.2. Any use of the Materials other than the use permitted requires prior written consent by NuPlays. Taking advantage of the Materials beyond the use permitted, will be deemed a violation of copyright laws.
11. Settlement of transactions and terms and conditions of payment for the Services
11.1 The payments made by the Fans in favor of the Sellers for the Offer subjects shall be settled through one of the electronic payment systems operating under a contract with NuPlays to make settlements between the Users, as indicated on the web page, in accordance with point 11.2.
11.2 The list of sites offering the electronic payment system associated with the functioning of the Website is available on https://nuplays.com/seller/content/payment-platforms
11.3 The service of electronic settlements as referred to in point 11.2 is provided to the Users by the system’s operator under the agreement between the User and the payment operator. The settlement service is not NuPlays service and NuPlays has no influence on the service operation. The operators are liable for their electronic payment system operation. The links to the rules of operation of the systems described in point 10.2 can be found on https://nuplays.pl/seller/content/payment-platforms, and the User concluding Transactions each time enters into a separate agreement with an electronic payment system operator. The User should familiarize himself/herself with the rules of operation of the systems.
11.4 The Seller declares he or she will not make any claims to NuPlays arising from the settlement by the systems referred to in point 10.2. and resigns from any of such claims towards NuPlays.
11.6 NuPlays remuneration is performed each time by charging the User and crediting the account of NuPlays by means of the system referred to in point 11.2, the amount constituting NuPlays Remuneration as a part of a payment the Seller received for the Transaction.
11.7 NuPlays Remuneration referred to in point 10.2 covers all costs related to the functioning of the System and the execution of the MEGAoffer service.
11.8Each time a transaction takes place at the risk of the User selling the right to access the File and / or User Offers. Failure to perform the transaction, the disclosure of its invalidity and resigning from the transaction by either Party does not affect the enforceability of claims by NuPlays in terms of their remuneration, which is eventually covered by the User selling.
11.9 NuPlays Remuneration includes the tax due on goods and services (VAT).
11.10 The Services provided by NuPlays within the Website are of continuous nature.
11.11 The Seller grants consent to the settlement of the Services and NuPlays Remuneration on a monthly basis. Each time by the 10th day of the month following the month in which the Services are provided NuPlays shall issue an electronic VAT Invoice to the User, which may be accessed through the User Profile, including the value of the Services provided, NuPlays remuneration and the amount of tax due on goods and services.
11.13 The Seller may at any moment order to forward the proceeds from sales on NuPlays to his/her PayPal account for no extra charge. Towards this goal, the Seller needs to log in to his/her NuPlays account and in the Payments to point the amount to be paid separately for each currency. In order to make the payment in a given currency, it is required for the Seller to have an active balance on the Seller PayPal account. The transfer of the resources from the NuPlays account to the Seller account is made promptly on working days, within 24 hours from the payment order.
11.15 The Seller gives consent to the issuance of the VAT invoice electronically. All VAT invoices are available for downloading in the Invoices part of the Seller Profile.
12. Personal data
12.1 In order to create and use the User Account and other Services available via the User Account it is necessary to provide by the User the following data:
a / as regards creating Fan Account: e-mail address and country of residence,
b / as regards Seller Account: full name, e-mail address, company name, tax identification number, address or registered office address, country of residence or country of the headquarters, contact telephone number
12.2 Providing of such data is voluntary but necessary to provide the User with the Services. By creating a User Account, the User agrees to the processing of personal data in this regard by NuPlays in order to provide the Services to him/her.
12.3 The Fan may voluntarily complete the information in his/her User Account with the following personal data:
a / first name
b / last name
d/ date of birth
e/ photo or avatar
f/ phone number
g/ mailing address
h/ favorite music genres
i/ favorite artists
j/ the band s/he performs/performed (for artists)
12.4 User can voluntarily provide his date of birth in order to verify the at people who have completed 18 years.
12.5 The following data voluntarily provided by the User in the User Account will be processed in order to personalize his/her User Profile: name, last name, nickname, picture or avatar. Voluntarily entering the information referred to in the preceding sentence in the User Account, the User agrees to the processing for the purposes specified in the preceding sentence.
12.6 The Service User who concludes the Transaction by confirming the order agrees to provide his personal information to the extent necessary for the conclusion or performance of the Transaction in accordance with the Offer description by the party to the Transaction and agrees to its further processing by the other Party to the Transaction in order to perform the Transaction and its settlement.
12.7 In order to execute the Transaction, NuPlays makes available to the appropriate payment system operator chosen by Fan during the Transaction (i.e. PayPal (Europe) S.à rl et Cie, SCA based in Luxembourg, L-2449 or PayPro Spółka Akcyjna, Przelewy24 operator, based in Poznań, 60-327 Poznań, 15 Kanclerska Street, Fan’s email address, Transaction ID number and a request to collect the amount in the price of the Subject of the Transaction After payment NuPlays obtains from the relevant payment operator that the Transaction has been carried out correctly. Information that the payment made by Fan is made available to the Seller.
12.8 Within the User Account, the Service User has access to the data on the history of his/her Transactions, including in the Fan Account all orders placed by the Fan and acquired Transaction subjects and data on the Seller and in the Seller Account on the Seller’s Offers, Transactions concluded and the data on the Fans who acquired the Transaction subjects. NuPlays processes this data in order to provide Service Users with the service of User Account.
12.12 The User can also opt to receive NuPlays newsletter by checking the appropriate field in the User Account.
12.13 NuPlays is an administrator of personal data within the meaning of the Act of 29 August 1997 on Polish Personal Data Protection (consolidated text. Journal of Laws 2002, No. 101, item. 926, with subsequent amendments) in relation to the personal data referred to in point 11.01 - 11.12. and GDPR.
12.14 NuPlays as the administrator of data takes care of the security of personal data provided by the User. The data is protected against unauthorized access.
12.15 The User has a right to access his/her data processed by the Service Provider and correct it via the User Account and User Profile. The User can also exercise the right to access his/her data and correct it by sending an inquiry to Data Protection Officer at: firstname.lastname@example.org or via mail at Minska 24, ZIP:03808, Warsaw, Poland.
12.16 Under Art. 31 of the Act on Personal Data Protection NuPlays may delegate the processing of personal information to other parties, in particular those providing further hosting services.
12.17 The Service Provider hereby declares that the security of the Users’ personal information complies with the requirements set out in Section 5 of the Act on Personal Data Protection and the Regulation of the Minister of Internal Affairs and Administration of 29 April 2004 on personal data processing records and technical and organizational conditions which the systems should be equipment with for the processing of personal data (Journal of Laws of 2004 No. 100, item. 1024), in particular the Service Provider ensures cryptographic technical measures to prevent the acquisition and modification of personal data transmitted electronically by unauthorized persons.
12.18 Reporting data braches, following GDPR regulation and access of unauthorized persons to personal data. Any person employed by NuPlays or otherwise authorized by NuPlays to access personal data (Data Processor and Further Personal Data Processor) is obliged to immediately notify the Data Protection Officer about any breach or risk of breaching obligations resulting from the GDPR or the access of unauthorized persons to personal data. In the case described above:
• The person will immediately inform the Data Protection Officer about any violation or threat of violation found,
• The Data Protection Officer immediately takes all available actions aimed at minimizing the infringement,
• The Data Protection Supervisor analyzes the causes of the violation and prepares a report along with the steps necessary to prevent future violations. The report is archived in the place where the Company's documentation,
• In the event of a breach which results in a high risk of violating the rights of the user, the Administrator informs without undue delay (no later than within 72 hours) the fact of the violation to the President of the Polish Office of Personal Data Protection
13.1 Access to and use of the Site or the Services involves placing in the User’s device “cookies” of the Service Provider. "Cookies" are computer data, especially text files stored in the User's end devices which are taken advantage of to use the web pages.
13.2 The Service provider uses the permanent and session cookies. "Session" cookies are temporary files stored in the User’s end device until log-out, leaving the web page or disabling the software (web browser). "Permanent" cookies are stored in the User’s end device for the time specified in the parameters of cookies or until their removal by the User.
13.3 The service provider uses session cookies in order to:
a / maintain the User’s session (after logging in)
b / configure correctly the selected features of the Website, allowing in particular to verify the authenticity of the browser session.
13.4 The Service provider uses permanent cookies in order to:
c / save the user’s preferences (e.g. regarding the storage of cookies)
d / store information about pages visited allowing to adjust the content to the preferences of the User.
13.5 Access to and use of the Website or the Services may be associated with placing NuPlays’ third party cookies in the User’s device via the Website. Through the Website cookies o the following entities may be placed:
a / Google Analytics - cookies will be stored in order to collect general and anonymous statistical data through analytical tools. Via Google Analytics, NuPlays obtains statistical data on the use of the Website. The principles of information processing in the cookies are set out on https://support.google.com/analytics/answer/2700409?hl=pl&utm_id=ad,
b / Twitter - cookies will be stored in order to use the interactive features to popularize the Website through social networking sites. The principles of information processing in the cookies are set out on https://support.twitter.com/articles/20170514 #
c / Facebook - cookies will be stored in order to use the interactive features to popularize the Website through social networking sites. The principles of information processing in the cookies are set out on https://www.facebook.com/help/cookies/?ref=sitefooter,
13.6 The User can, through the appropriate settings of the browser's, make a choice regarding the recording and storing of cookies, as well as deleting the cookies already stored. Detailed information regarding the possible settings of storing cookies is available in the settings of the web browser the User uses. In the event of restrictions on the possibility to store cookies on the User’s device, some of the functionalities of the Website and the Services may not be available to the User.
13.4 The User, who in spite of the prior information about the cookies being used by the Website, continues to use the Website without changing the settings regarding cookies, agrees to store cookies used on the Website in his/her device.
14.Restrictions resulting from the provision of electronic services
14.1 The User acknowledges that s/he is aware that the use of the Website and Services, as services provided electronically, is connected with the specific threats regarding the transmission of data via the Internet.
14.2 The Service provider for the provision of the services utilizes secure data transfer methods customary in the market due to the properties of the Website and the Services provided, in particular to prevent access to the data transferred by persons unauthorized to access the content on the Service transfer, including by means of cryptographic techniques.
15.1 The User may file a complaint related to the Service or the Megaoffer or otherwise associated with the operation of the Website. The complaint must specify the identification data of the User who made it, and describe the subject of the complaint and specify the content of the request, if any. Claims must be submitted via email at email@example.com or at NuPlays mailing address: Minska 25, 03808, Warsaw, Poland.
15.2 Complaints will be handled within a period not longer than 14 days. In the event that the content of the submitted complaint does not contain sufficient information for its consideration, NuPlays will address the User, asking for additional information required to consider the complaint.
15.3 Any claims relating to Offers, Transactions and the Transaction subjects, as well as the User Materials should be submitted to the Seller who made the Offer or shared the User Materials. The Seller shall be liable for the Offers made, the Transactions concluded, the Transaction items sold and the User Materials shared.
16.Duration of the contract for the provision of the Services and its termination.
16.1 The contract for the provision of the Services is concluded for an indefinite period.
16.6 NuPlays may refuse to provide the Services and delete a User’s Account if it was opened again after the termination of the contract by NuPlays and removing the User Account as a result of the User’s breach of the law or the provisions hereof.
16.7 In any case of resignation from the agreement, any permits or approvals submitted and granted by the Seller during its term, in particular, permits or approvals for sharing of the User Materials with the Users in the period until the termination remain in force. NuPlays stores data relating to the Transactions concluded and the Sellers’ liabilities in terms of any payments due in favor of NuPlays for the purposes of archives, accounting and possibly seeking compensation throughout the time required to reach the goal.
16.9 The Seller acknowledges that NuPlays cannot be held liable by the Seller for technical breaks in the operation of the Website.
16.10 The Service Agreement is cancelled upon the closing of the Website.
17. Final Provisions