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The Terms and Conditions of using the EduGiants portal These terms and conditions are governed by and shall be interpreted in accordance with Polish law. Should you have any queries please contact Customer Services at contact@edugiants.com. Article 1. THE DEFINITIONS Terms used in Regulations refer to: Sphere Research Labs Sphere Research Labs, the limited liability company based in Gdynia, 81-451 Gdynia, Al. Zwyciestwa 96/98 EduGiants portal Portal "EduGiants.com" run by Sphere Research Labs at http://www.edugiants.com Registration Procedure of creating an Account Regulations Present "EduGiants” portal Regulations The User A person fulfilling the terms of the Regulations who has successfully completed the Registration procedure and is equipped with an Account and thereby given the access to the service provided by the Sphere Research Labs within the framework of EduGiants portal according to the rules defined in the hereby Regulations. The Account The account is conducted for the User by the Sphere Research Labs under a unique name (username). It is the collection of the resources, including the User's data and information about his or her actions within the framework of the EduGiants portal. Article 2. THE REGISTRATION AND THE AGREEMENT PROCEDURE 2.1. The User is obliged to read and approve of the Regulations. By activating the Account, the Regulations constitute an agreement between the User and the Sphere Research Labs. 2.2. In order to become the User, a person has to be eighteen years old. In case of being underage the legal guardian's consent is necessary to provide the User's personal data. 2.3. In order to register a person shall fill out the registration form by providing requested personal data, such as: first name, surname, e-mail address, username (under which the user will be identified in the EduGiants portal) and a password. 2.4. The Account is created for the User once the Registration procedure is completed. The Account is assigned to the username given in the registration form. The User is given the access to the account after providing the accurate username and the password (logging into). 2.5. The information in the Account contains the User's data given by the user in the registration form. In case of further changes in the data, the User is obliged to update the information by using the appropriate form available at the EduGiants portal. It is forbidden to provide incomplete or untrue data. The User does not have opportunity to change the username (name of the Account) once accepted during the registration procedure. 2.6. The User is allowed to have more than one account, however he cannot use them to perform any actions being a violation to the Regulations' statements. 2.7. The User is not allowed to use other Users' accounts or pass onto the third party the information regarding the access to the Account. The User should keep the Password to his account in secrecy. The Accounts are not dismissible. Article 3. THE CONDITIONS OF PARTICIPATION 3.1. Polish law regulations are applied to all the issues concerning the usage of the EduGiants portal and the herein Regulations. Any contradictions between the local laws and the Regulations oblige the User to discontinue further using of the EduGiants portal. The competent court of law to deal with any disputable matters or claims concerning the usage of the EduGiants portal is the court which jurisdiction is appropriate for the Sphere Research Labs headquarters. 3.2. Uploading any of the following materials in EduGiants portal is strictly forbidden: a) materials violating copyrights, b) materials promoting phonographic or computer piracy, c) materials presenting pornography, d) files infected by viruses or any other components with harmful or contaminating effects to any user or equipment, e) any other objectionable or offensive materials violating any EduGiants portal material goods or services, its owners or any third party (including other users), f) hot links to websites forbidden under the regulations of the Polish law, g) hot links to websites that are potentially dangerous or may contain computer viruses, h) content provided by the third party without proper verification (including context advertisements and content from outer portals). 3.3. The User's duty is to use the EduGiants portal in accordance with the laws operating within the territory of Poland, including social and moral standards, present Regulations and the principles of social interactions among the Internet users, in particular: a) not to take actions aimed at obtaining personal data and access to the passwords of other users, b) not to take actions or upload data to EduGiants portal which may obstruct its functioning, c) the usage of portal EduGiants resources (including the hard drive data, calculations or the website data) is allowed at reasonable level and according to its purpose determined by the EduGiants portal, d) not to use, copy or distribute any personal data or any other type of data protected by the copyrights law regulations, without first obtaining the consent from the User who is the owner of the above mentioned data, e) not to use the EduGiants portal for any commercial purposes, in particular connected with marketing any goods or services, uploading advertisements or conducting sales. f) not to use EduGiants portal as a distribution channel in order to promote other goods or services or any other commercial purposes (for example: junk e-mail, spam etc.) 3.4. Any breach of the EduGiants portal terms and conditions stated in the herein Regulations or any other Polish law regulations shall cause the termination or removal of the account (without any previous warning) by the person authorized by the Sphere Research Labs. The Sphere Research Labs reserves the right to terminate the access to the account and its contents on justified, written demand of the third party, addressed directly to the Sphere Research Labs until further explanation of the arguable issues is presented. The Sphere Research Labs shall fairly inform the user about the termination of the account and its cause. 3.5. The statements of the Regulations do not release the User from the civil responsibility under Polish law regulations, in relation to the Sphere Research Labs and the third party. In particular – any flagrant violation or obvious ignorance of the points 3.1, 3.2, 3.3 of the herein Regulations shall be the basis to pressing further claims towards the User. Article 4. PURCHASING COURSES 4.1. The Users registered in EduGiants portal are allowed to acquire the access to the Internet courses offered by the Portal. 4.2. The purchase of the access to the course requires the User to provide additional personal data and the User's consent to its processing in order to issue the invoice or any other financial documents. 4.3. The detailed regulations of conducted courses have been included in Attachment 2 to the Regulations. Article 5. THE COPYRIGHTS REGULATIONS 5.1. Sphere Research Labs respects the Users' rights to their intellectual property. In particular, any cession of the User's private data, source codes or other information sent to the EduGiants portal is not allowed unless the User states otherwise. 5.2. Sphere Research Labs reserves the right to publish, copy and spread materials uploaded in the EduGiants portal which are available to all the Users, with the respect to the copyrights regulations. 5.3. The User agrees to allow the usage of all the data placed in EduGiants portal for statistical purposes, as well for the usage and processing of statistical data by the Sphere Research Labs. 5.4. Sphere Research Labs has full access to the User's Account. In case of any complaints or suspicions about the User's non-statutory actions or any law violation, the Sphere Research Labs is entitled to use not only the information placed in the User's Account, but also any other registered pieces of information concerning User's actions. 5.5. Sphere Research Labs reserves the right to send Users commercial advertisements (commercial information) through Portal's communication channels by placing the advertisements or commercial information on any EduGiants' site in particular. 5.6. Sphere Research Labs reserves the right to use the e-mail address (address of a e-mail account) provided by the User to communicate with the User in order to verify the status of the User's account as well as in other cases connected with the proper functioning of EduGiants portal. Article 6. PRIVACY AND CONFIDENCE 6.1. Personal data provided by the Users is collected and processed by the Sphere Research Labs according to the current laws and privacy protection policy included in the Regulations' Attachment number 1. 6.2. Users' personal data is revealed to other Users only under particular circumstances and in cases described in the above mentioned Regulations. In any other circumstances described by other law regulations or other justified cases, the Users' personal data can be only revealed under a previous consent of the person concerned. 6.3. In justified cases, User's e-mail address connected with accessible User's data can be revealed to other Users of EduGiants portal. Such information can only be used within the actions undertaken in connection with the participation in the EduGiants portal activities. Article 7. ALTERATIONS OF THE REGULATIONS 7.1. Sphere Research Labs reserves the right to unilateral changes of present Regulations when necessary and without any need for further justification. 7.2. If any changes are made to the Regulations, the Sphere Research Labs shall immediately introduce them to the Users by publishing of the altered content of the Regulations on the internet website of the EduGiants portal. 7.3.The Regulations and the changes of the Regulations are to be considered effective and valid for all the parties involved on the day of the publication at the Internet site of the EduGiants portal. Article 8. THE DISSOLUTION OF THE AGREEMENT 8.1. Each User is allowed to resign from using EduGiants portal at any moment. 8.2. Lack of approval of the terms enclosed in the Regulations during the registration procedure, implies the resignation from the usage of the EduGiants portal. 8.3. The User's Account is terminated on written request provided by the User. Besides, the User's Account may be terminated or suspended in case of the User's inactivity exceeding 12 months and also in cases described in the Regulations' point 3.5. Article 9. THE LIABILITY 9.1. Sphere Research Labs is obliged to assure the highest possible quality of provided services, but Sphere Research Labs does not takes any legal responsibility for any disruptions in EduGiants portal' s functioning caused by the third party, even if it results in loosing the data uploaded in the Users' Accounts. 9.2. Sphere Research Labs reserves the right to terminate the access to the portal for a fixed period of time in case of updating and providing the necessary repairs. 9.3. Sphere Research Labs does not take any responsibility for contents passed on and published by EduGiants portal' users and does not take actions to verify the content of the information uploaded to the portal. However, the Sphere Research Labs reserves the right to: edit the texts, shorten the texts if necessary or remove any content forbidden by law, carrying vulgar or offensive information or in any other way violating the principals of the social interactions or the third parties' rights. The User is held with both penal and civil responsibility for uploading such content or taking actions forbidden by law. 9.4. Sphere Research Labs does not take responsibility for any transactions between the Users, including trading intellectual goods. Article 10. LACK OF GUARANTEE 10.1. Sphere Research Labs provides the user with neither any guarantee concerning any of the aspects nor any assurance in that matter. 10.2. In particular, Sphere Research Labs does not make any statements to the User and does not assure of the following: a) that the usage of EduGiants portal by the User will fulfill the User's expectations, b) that the usage of the EduGiants portal by the User will be uninterrupted, fixed, safe and malfunctions free, c) that the information received by the User within the framework of using EduGiants portal's services, will be precise and trustworthy and that the operating faults and malfunctions of the software made available to the user within the framework of services, will be removed. 10.3. Conditions, assurances and any other resolutions (such as: implied conditions as for satisfying quality, compatibility with its purpose or description) that were not clearly included in the present Regulations, do not apply to services provided by the Sphere Research Labs. Article 11. THE ATTACHMENTS 11.1. Regulations contain following attachments, that account for its integral part: * Attachment number 1: Privacy policy. * Attachment number 2: Rules for conducting courses. 11.2. Links included in the digital version of the Regulations (including the attachments) are only for the User to allow him to conveniently operate on the EduGiants portal websites. Other documents and attachments that are not mentioned above are not part of the Regulations. Article 12. VALIDITY If any of the Regulations' statements are considered invalid by the legitimate court's verdict, all other statements are held valid and binding all the parties concerned. Attachment number 1: Privacy policy. 1. Sphere Research Labs respects the User's rights to privacy and protects the User's personal data with the special attention. Sphere Research Labs uses appropriate technology solutions to prevent any third party breaching of the User's privacy. 2. Providing any personal data is voluntary. Providing data mentioned in points 2.3. and 2.4. of the Regulations is obligatory to activate the account and receive the services offered within the Sphere Research Labs. The User has the right to access the content of the data stored in the account and correct it when necessary. 3. Sphere Research Labs processes the User's data upon the User's consent, including sending information materials, offering services, conducting marketing and public opinion research. Sphere Research Labs is entitled to use the information concerning the Users for more efficient ways of coordinating the EduGiants portal services. 4. Users' data can be obtained by the authorities entitled to request it according to the Polish law regulations, especially in case of the justice administration. 5. Sphere Research Labs uses the IP addresses collected during the Internet connections for technical purposes connected with the servers' administration. Furthermore, the IP addresses are used to gather general, statistic demographic information ( e.g. regarding the directions and the region where the connections are being made). 6. Sphere Research Labs is using „cookies” files. The Information collected using "cookies” grants further development of the services and content according to the Users' individual needs and preferences as well as the preparation of the general statistics concerning using Portal EduGiants by the User. Attachment number 2: The Rules of conducting courses. 1. Portal EduGiants provides the access to the Internet courses and to the automatic system verifying the tasks' solutions sent by the User. 2. Once the payment is processed by the EduGiants portal, the User is entitled to become the course participant and is provided with the access to materials connected with a particular lesson taking place in the first week of the course. Oncoming materials are made available to the User according to the schedule of the course. 3. Programs' descriptions, courses and lessons available prior to the purchase of the course serve informational purposes and are not legally binding in accordance with the law regulations. 4. Access to User's data (mentioned in point 6.3) can be given to the tutor conducting the course. 5. The tasks and submitted solutions are available for the User for the period of 30 days after the course has been accomplished. 6. All courses available at EduGiants portal are the property of the Sphere Research Labs, the limited liability company. 7. Providing access to the course materials to a third party by the user is forbidden. 8. EduGiants portal assures the possibility of contacting the tutor based on principals presented in the course description. 9. After obtaining the access to the course's materials, the retraction of the agreement is not possible.
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