RULES FOR THE USE OF THE WEBSITE PIXEL-TECH.EU/Shop
The following sets forth the rules for the use of the website pixel-tech.eu/shop with respect to the provision of resources and services available for all customers on this website.
- “Pixel-tech.eu/shop” (https://www.pixel-tech.eu/shop) is a website – a virtual informational resource in the Internet, owned by Pixel-Tech Sp. J. which presents Pixel-Tech’s products and services and gives the users the opportunity to use different services, as well as to find information by hyperlinks to resources, situated on the Pixel-Tech’s server or another server, beyond the control of Pixel-Tech.
- “Pixel-Tech Sp. J.” (“Pixel-Tech”) is a company, duly incorporated and existing under the laws of Poland, with seat and registered address in Dabrowa Gornicza, 6A Laski Str., Poland. Pixel-Tech administers and controls the website pixel-tech.eu/shop.
- “Customer” is any natural or legal person, who uses the website pixel-tech.eu/shop.
- “Malicious actions” are actions or inactions, violating the Internet ethics or causing damages to persons connected to the Internet or associated nets, as well as any actions that can be qualified as crimes or administrative offences according to the Polish or other applicable legislation. The malicious actions include, but are not limited to, the following: sending of unsolicited communications (SPAM, JUNK MAIL), flooding, gaining access to resources by using somebody else’s rights and passwords, using system imperfections for own benefit or for gaining information (HACK), committing actions, that can be qualified as industrial espionage or sabotage, damaging or destroying systems or arrays of information (CRACK), sending systems for unauthorized remote access (“Trojan Horses”) or causing the installation of viruses, disturbance of the other Internet and associated networks user’s normal work, etc.
- “Idphotos Database” is a database organized as a list of software versions, which are created by Pixel-Tech.
- Pixel-Tech provides to the customer a set of resources and services predefined as free and available without prior registration on the web pages of pixel-tech.eu/shop.
- The computer and other technical equipment, the Internet access and the connection for the transmission of informational packages between the customer and the web page, necessary for the use of the website pixel-tech.eu/shop, are to be ensured by the customer himself/herself. Idphotos is not liable in cases where the customer cannot access the Services due to problems which are not under its control (hardware or software problem, problem regarding the Internet connection, etc.).
- The present Rules shall not apply with respect to services, which are subject to particular rules, as well as with respect to the relationships between the customer and third parties.
- As far as the services provided by Pixel-Tech are various and permanently increasing and modifiable with a view to their improvement and widening their range, the features and the regime for their provision (free access, upon prior registration or after registration and payment of a corresponding charge) may be changed at any time by Pixel-Tech. Pixel-Tech is entitled to discontinue the provision of these services as well as to block the access to the website pixel-tech.eu/shop at any time at its sole discretion.
- The parents exercising their parental rights or the guardians of a person under age are liable for all damages caused by the latter to Pixel-Tech or to third parties with respect to the use of the website pixel-tech.eu/shop.
- As far as the services provided by Pixel-Tech are various and permanently increasing and modifiable with a view to their improvement and widening their range, as well as in accordance with the legislative changes that concern the services provided, the present Rules may be amended unilaterally by Pixel-Tech.
- In the event of amendment to these Rules, Pixel-Tech undertakes to notify the customer by publishing in pixel-tech.eu/shop a notice with the text of the changes or a hyperlink to a web page where the amended Rules are available.
- Pixel-Tech provides to the customer: a. access to pixel-tech.eu/shop website and to information about the software produced by Pixel-Tech. In order to buy Pixel-Tech’s software the customer shall complete the order process on pixel-tech.eu/shop website, shall pay certain charge defined on the respective web page and shall agree with the respective License Agreement; b. access to other text, graphic, audio and video materials and other resources on pixel-tech.eu/shop.
- The online payment service provider for card payments is Autopay S.A.
Available forms of payment:
a) Payment cards:
- Visa
- Visa Electron
- Mastercard
- MasterCard Electronic
- Maestro
15. If a refund is required for a payment card transaction made by the CUSTOMER, the SELLER shall refund the payment using the same method of payment used by the CUSTOMER, unless the CUSTOMER has expressly agreed to a different method of refund that does not incur any costs for the CUSTOMER.
16. The customer is obliged to observe the terms and conditions regarding the regime for use of the services as well as regarding any other line of conduct determined by Pixel-Tech for the purposes of protecting or improving the quality and reliability of the services.
17. All intellectual property rights regarding the content on the website pixel-tech.eu/shop, including but not limited to, the text, pictures, designs, graphics, photos and other video material, sound material, format, software, data compilations, databases (including Idphotos Database) and other materials, as well as the intellectual property right regarding the services, are subject to protection under the Polish law and are sole property of Idphotos or the referred third party granting the right to use these rights to Pixel-Tech. The customer may not use the website pixel-tech.eu/shop, the services or any element of the content thereof, in any other way other than for their respective purposes.
18. The right of access of the customer does not include the right to copy or reproduce the content of pixel-tech.eu/shop or any part or element of it or to use any intellectual property objects owned by Pixel-Tech or by any third party, unless it involves non-substantial volume of content only for the purposes of personal and non-commercial use which does not prejudice the lawful interests of the authors or any other owners of intellectual property rights. Notwithstanding the above, the customer may not remove any designation or information regarding the trademark or the ownership of other kind of intellectual property rights over the available materials.
19. The customer may not make the content of the pixel-tech.eu/shop or any element thereof available in any way to third parties and may not multiply it. This, inter alia, means the customer may not extract and/or reuse substantial parts of the content of pixel-tech.eu/shop and/or repeatedly and systematically extract and reuse non-substantial parts of the content without the written permission of Pixel-Tech.
20. When using the website pixel-tech.eu/shop, the customer is obliged not to upload on the Idphotos’s server, transmit or otherwise make available to third parties information, data, text, sound, files, software, music, photos, designs, graphics, video, messages, as well as any other materials, which: a. contravene the Polish legislation, the applicable foreign law, the present Rules, the Internet ethics, the rules of morality and good faith; b. contain a threat to human life or physical integrity; c. have advertising purposes, unless Idphotos has granted its prior consent; d. have pornographic content or any other content which endangers the normal mental development of the minors or violates the rules of morality and good faith; e. have contents that violates human rights or freedoms; f. contain commercial or industrial secrets or other information protected by the law; g. are subject to third parties’ right of intellectual property, unless right holder has granted its consent; h. violate any pecuniary or non-material rights or lawful interests of third parties.
21. In case of breach of any of the requirements under the preceding paragraph Pixel-Tech is entitled immediately and without a notification in advance to suspend the access of the customer and the third parties to the respective content, information or materials. In this case Pixel-Tech shall have the right to notify the competent authorities regarding the ascertainment of the respective breach.
22. When using the website pixel-tech.eu/shop the user is obliged: a. to observe the Polish legislation, the applicable foreign law, the present Rules, the Internet ethics, the rules of morality and good faith; b. not to offend any reputation and not to instigate violent change of the constitutional order, crime, cause harm to a person or to inflame a racial, national, ethnics or religious enmity; c. not to promote fascist or other antidemocratic ideology; d. not to breach material or non-material rights of third parties, including intellectual property rights; e. to inform immediately Pixel-Tech of each instance of committed or discovered breach regarding the use of the website pixel-tech.eu/shop; f. not to introduce himself/herself as a representative of a legal entity or group of persons, who he/she is not authorized to represent, or to mislead in other way third parties about his/her identity or affiliation to a certain group of persons; g. not to perform malicious actions.
23. Any import duties, taxes or fees are the sole responsibility of the receiving customer. As we are unable to advise the amount this may be, we invite our customers to verify local taxes and duties before placing an order. Packing slips for International Shipments cannot be marked as a “gift” or with altered prices.
24. All customer are prohibited from uploading on the Idphotos’s server, sending, delivering, disseminating, making available to third parties or using in any way computer programs, files, attachments or other materials or information, containing computer viruses, systems for unauthorized remote access (“Trojan horses”), computer codes or materials, intended to interrupt, impede, breach or restrict the normal functioning of computer hardware or software or telecommunication devices or intended to perform unauthorized penetration in or access to foreign resources or software.
25. Every customer is obliged not to perform and not to try to attain unauthorized access to the services provided, to user profiles, computer systems or networks, connected with the Services provided, by cracking or using other’s passwords or by any other methods.
26. Pixel-Tech does not have obligation and objective capacity to control the way in which the customer uses the website pixel-tech.eu/shop or to seek facts or circumstances indicating illegal activity related to this use.
27. Pixel-Tech may place hyperlinks and advertisements on the website pixel-tech.eu/shop for selling goods and rendering services by third parties – partners of Pixel-Tech. Pixel-Tech is not liable for the availability and the quality of these goods and for the contents of these services, as well as for the performance of all undertaken obligations, pertaining to their provision, as far as the actions of the third parties – partners of Pixel-Tech, are not under the Pixel-Tech’s control.
28. Pixel-Tech is entitled, but not obliged, to remove, delete or block at its own discretion any part or element of the website pixel-tech.eu/shop content.
29. Pixel-Tech is entitled, but not obliged, to save any content, situated on the its server and to submit it to third parties and to the respective authorities in case this is necessary for the protection of the rights, lawful interests and security of Pixel-Tech or third parties, as well as in the cases, when the respective content is required by the respective state authorities.
30. Pixel-Tech takes all the due care the content available on pixel-tech.eu/shop to be correct but does not guarantee the authenticity and the thoroughness of this content, unless provided otherwise on the website pixel-tech.eu/shop.
31. Pixel-Tech does not guarantee that the services provided will be uninterrupted, timely, trustworthy, secure and free from mistakes, as far as this is beyond the abilities, control and the will of Pixel-Tech. Pixel-Tech is not responsible for non-provision of the services if circumstances which are out of the Pixel-Tech’s control occur – cases of force majeure, chance events, problems with Internet and with the provision of the services outside Pixel-Tech’s control.
32. Pixel-Tech does not guarantee that the services provided are untouched by computer viruses, Trojan horses or other similar programs and systems, disturbing the normal work of the computer systems.
33. The use of the website pixel-tech.eu/shop is entirely at the risk and the sole responsibility of the customer.
34. Pixel-Tech is not responsible for damages caused to the customer during the use of the website pixel-tech.eu/shop, unless they have been caused deliberately or due to gross negligence on the part of Pixel-Tech.
35. Pixel-Tech is not liable for damages to the software, hardware or the telecommunication devices, neither for the loss of data, resultant of any content sought, uploaded or used in any way through the medium of the services provided.