TERMS & CONDITIONS - FanCop™
1. Terms - TERMS & CONDITIONS, this document.
2. System - internet service, FanCop.com.
3. User - natural or legal person, registered in the System.
4. Account - login/email protected with User's password, to which are assigned all Users's activities within the System.
5. Client - User, who bought paid services from the System.
2. POLICIES REGARDING COPYRIGHT AND TRADEMARKS
1. The copyright owner of the System and the Administrator of the System is ASP Krystyna Łenczyńska, Rynek Dębnicki 4/3, 30-319 Kraków, Polska, NIP: 679-206-67-84, referred to as "System".
2. The owner of personal rights of the System is Michał Łenczyński, Rynek Dębnicki 4, 30-319 Kraków, Polska, NIP: 676-215-04-39.
3. System contains an Aggrement of sharing a System's panel with the User. Rules of this Aggrement accepted without any objection by the both parties. Aggrement is regulated by this Terms of Service Document.
4. System has a form of a directory of "fanpage" and "plus" pages and tasks, which System suggests to Users to see.
5. As a part of activity in the System, User has a possibility of registration of one or, if needed, more Accounts.
6. User declares, that her/his Accounts contains data in accordance with the facts.
7. User agrees to processing her/his personal data by the owner of the System, according to the Act of "personal data protection".
8. User agrees to receive emails from the System in accordance with the Act of "electronic services." This applies in particular notifications of not ending points, a new pool of pages to click, the new functionalities of the System, or other information, including information on marketing and promotion.
9. Use of the basic functionality of the system is free.
10. Owner of the System also provides additional paid services.
3. Adding pages.
1. User can add website and fanpage adresses within their System's Account and allocate points to them. Allocating points makes those pages to be drawn and shown to other Users.
2. User can add only the pages that are her/his own property, or those which owner has aggreed to add to the System.
3. User can allocate a selected amount of points to her/his added pages. The allocation of points is tantamount to a declaration of it's irreversible consumption (consumed points are not refundable).
4. For the transparent management of resources, the System provides additional functionality (daily points increase, identify thematic categories, linguistic areas and other).
5. User agrees to add pages to the appropriate thematic categories, linguistic areas, which are consistent with the content of page content.
6. User agrees not to add pages to the System wihch are contrary to Polish law.
7. The System seeks to ensure anonymity of the addresses of parties involved in the exchange of clicks to the extent possible by the available code. At the same time System may waive this rule if it determines that it will be advantageous for most users. You consent to the disclosure or publication of addresses participating in the System.
8. User agrees not to independently research the addresses of parties involved in the exchange of clicks, or publish them in any form. User acknowledge without reservation that the publication of addresses by third parties in the exchange of clicks may cause financial loss to their owners, thus the claim against the person who would have broken this section of the Terms.
4. Collecting points.
1. Under the provided functionality System sets out the scores for each party. The score is independent for each kind of clicks (Like and Plus).
2. The number of points recieved per User's click and removed for each click on the User's sites by other users is given in the current Ratio table. Ratio table for the User may be modified at any time by the System, depending on current conditions. Any modifications shall take effect upon promulgation.
3. System suggests pages to the Users in line with their interests and profile, giving Users the chance to click while maintaining the freedom of skipping the suggested pages.
4. For each click on the User's page indicated by the System, the User receives points corresponding to the type of click. Amount of points is adequate to the first digit of the Ratio.
5. For each click on the User's page by another System's User, User hereby irrevocably consumes points corresponding to the type of click. Amount of points is adequate to the second digit of the Ratio. These points are deducted from the pool of User's points.
6. Drawn algorithm (mechanism) and points within the system are owned by the System Owner.
7. Consumption of points is irreversible. System is not responsible for the consumption of points that is wrong, inconsistent with the intention of the User (eg. by adding wrong address in the panel or when the expected effect is different than the result).
8. User agrees to use the System in accordance with its purpose and intention of the Authors. Simultaneously, User agrees not to use the bugs in the software, not to take advantage of them and agrees to immediately report any encountered errors.
9. User agrees that she/he will not cheat the System in any form. In particular, User agrees that she/he will not generate points without coverage in actual clicks (Plus, Like), will not be removing Plua nd Like clicks during the contract or after its completion.
10. User agrees not to use other systems for the exchange of clicks, or drew it to their advantage in any form (this also applies to sales of points in other systems).
11. System can provide Users with points for other activities that are beneficial to the System (such as proxy access, promotion of the System, etc.).
1. User may provide the System with a Proxy, the software embedded within the User's domain, as part of the System for supporting the exchange of clicks.
2. User, by installing the Proxy, agrees that the domain will meet the parameters: upload and download speed that is not adversely affecting the comfortable use of the proxy by other Users, security (domain is not generating warnings in browsers).
3. User acknowledges that by providing the System with a Proxy, Proxy serves as an intermediary in the clicks of other Users, thereby can generate a daily number of appeals in the approximate ratio of the average daily amount of a specific number of clicks to the current amount of Proxy (values are shown in the statistics of the System).
4. System in exchange for the lease of Proxy provides User with the amount of points specified in the current table of Proxy rewards.
5. User agrees not to modify the proxy code and use it only for the purpose within the system, and does not delete the code without first removing Proxy from the System control panel.
6. Partnership Program.
1. System provides an Partnership Program that allows the User to obtain additional benefits in exchange for recommending the use of the system to other people.
2. For every referral's Accounts click, recommendating User gets 1 additional point during the first 100 days of the referral Account.
3. User gets an insight into the list of referrals, addresess of which they registered, and also the amount referral's clicks.
4. System reserves the right to introduce a tool for communication between a recommendating User and the recommended User.
7. Buying points.
1. Purchasing points means a transaction between User (the Client) and the System's Owner (Seller).
2. At the time of the transaction, User agrees to make an online payment to Seller via DotPay payment system, and the Seller shall provide Buyer, as soon as possible, a package of points corresponding to the selected type of points. If payment is made immediately, the process is performed automatically, otherwise the system sends points within a period of time not exceeding 7 days of the receipt of payment.
3. System ensures a constant and unchanging in time, the cost of service of drawing User's pages to another User and suggesting to click on these pages, at the cost of 10 points Plus or 10 points Like.
4. Seller and System agree to paid or free access of points on the open market by the Buyer. Every transaction of points has a cost in form of a commission, determined by the System, charged on each transaction.
5. On the purchase of points, valid price is the price listed on the FanCop.com table of point's prices, at the moment of ordering, which was approved by both parties by making the order. Prices are subject to change over time, which does not affect the orders made in the past (does not apply to the past). Future price increases will result in a need of additional payment by the Client, and the future price reduction will not result in points return of differential in favor of the customer.
6. Prices on the website are not net values (netto value) but pre-tax values. Prices include VAT, VAT is automatially added during DotPay payment. The current VAT - in 2012 in Poland is 23%.
7. Points, both obtained by clicks and purchased, are the property of the System. Buying points shall not remove the need to comply with the Terms of Service. In particular, in the case of account lockout due to violation of the Terms, points or payments, are not recoverable.
8. Points are a one-time service (see Refund, reclamation).
8. Buying premium subscription and acquiring account with improved parameters.
1. User have the opportunity to buy temporary increasement of Account's parameters (Premium Account: Active and Business).
2. At the time of the transaction, User agrees to make an online payment to the Seller, through the payment system DotPay and the Seller is committed to the Buyer to enhance Buyer's Account parameters as soon as possible. If payment is made immediately, the process is performed automatically, otherwise System increases Account parameters within a period of time not exceeding 7 days of the receipt of payment.
3. Prices on the website are not net values (netto value) but pre-tax values. Prices include VAT, VAT is automatially added during DotPay payment. The current VAT - in 2012 in Poland is 23%.
4. System ensures consistent, stable parameters of the bought Premium Account. These parameters of Premium Account are the same as of the day of ordering a Subscription. Bought parameters are vaild from the date of payment for Subscription to the end of current paid Subscription period.
5. Buyer can buy an Subscription for many Accounts which are her/his own. Doing so, User gets an discount, but at the same time can not organize joint purchases with other natural or legal persons, in order to qualify for the discount.
5. On the purchase of subscription, valid price is the price listed on the FanCop.com table of subscription's prices, at the moment of ordering, which was approved by both parties by making the order. Prices are subject to change over time, which does not affect the orders made in the past (does not apply to the past). Future price increases will result in a need of additional payment by the Client, and the future price reduction will not result in points return of differential in favor of the customer.
7. Account's parameters may change over time. Changing the parameters of a given type of account does not affect positively or negatively on User's account that have already been purchased, until the end of the paid subscription period. The change shall enter into force upon publication, but for a given User is not earlier than the end of the paid upon publication of changes to the subscription period.
8. Subscription is a one-time service (see Refund, reclamation) and may be extended by the currently valid price list.
9. System has the ability to a free temporarily increase the parameters of Accounts (Loyal) to active Users, satisfying the conditions described in the Help of the System.
10. Buying Business Account (the highest parameters) does not result in return of payment or part of the payment for Active account (higher parameters).
11. If User, within a single Account, also has several types of Accounts with improved parameters, then parameters taken into account are those with the value that is more beneficial to the User.
1. System provides the Market module, an online database which offers sales of points.
2. User (Seller) is able to issue an offer to sell points to other Users (Buyers).
3. Market module is a relationship between Buyer and Seller. System is not a part of this relationship and is not responsible for the consequences of buying or selling points.
4. Buyer is obliged to risk assessment and integrity of potential seller (for example, through the recommendation system) and in accordance with paragraph. 9.3, the system does not make any claims in the event of an unfavorable course of the transaction.
5. Buyer, by clicking on the "Buy Now" button, enters into a contract of sale with the Seller.
6. Buyer is obliged to the prompt settlement of payment for items purchased and to confirm the payment in the Market module.
7. Seller is obliged to immediately confirm receipt of payment, which is associated with an automatic transaction of points to the Buyer.
8. After the transaction, Buyer and Seller are obligated as soon as possible issue an opinion (recommendation) to each other, be it positive or negative.
8. The basis for issuing an negative opinion by the Buyer may only be because of not recieved points, or unconfirmed receive of the payment within 14 days of it's dispatch (unless the chosen form of payment takes longer), or a breach of the provision without additional costs declared by the Buyer and accepted by the Seller's purchasing document.
9. The basis for issuing a ngative opinion by the Seller can only be lack of payment within 14 days.
10. Seller is obliged to recognize all ancillary costs (such as VAT if it is obliged to discharge, sending a paper sales document if it is obliged to issue and other components of the final price) in the price of selling points.
11. Seller can not provide in a public offering any contact information which would allow the viewers to bypass a Market module.
12. Seller is obliged to the Buyer to include all forms of payment data that are consistent with previous declaration forms Payment, in a private communication with the Buyer.
13. Seller and Buyer with the moment of first contact through the market, are obliged to carry out future transactions with each other via market module, without skipping it.
14. In case of breach of the Terms pts. from 10.11 to 10.13, User agrees to removal of the offer that violated the Rules and agrees to the reset all of the points left on User's account and all connected Accounts, regardless the source of these points.
15. Seller is obliged to conduct transactions in accordance with local laws in place of provided services and in particularm obligates to keep a proper settlement with the tax authority.
16. Use of the Market Module is free in financial terms, but is related to the cost in points Plus/Like for issuing offers.
17. At the time of issue of the Offer, System reserves (blocks) the amount of points that is covering the maximum sale + commission for issuing the Offer. Unsold Points are automatically returned at the end of the Offer. Fee (commission) is not refundable
10. Refund, reclamation.
1. User has the right to refund the purchased services within 10 days of the purchase, in accordance with the Act of 2 March 2000 of the Polish Law on the "protection of consumer rights."
2. According to the mentioned Act, a requirement for a fully-fledged recovery is the restoration of services (such, of which the use is not started), which should be expressed by not returning to the System after payment by Dotpay and by sending and email to the System with the application to delete and account.
3. Act of the return to the System after the payment is regarded as the commencement of the paid service. This applies both to accounts with increased parameters (which are supplied in packets) and purchases of points (points purchase causes the conversion of the bases of system and affects relationships of the System's algorithm with Users). Both Subscriptions (Premium Accounts) and points are considered as a single benefit, which is the product overall, with no possibility of division into smaller units in order to return defective parts. In both cases, the commencement of services shall be the time immediately following the purchase of points, so return to the System's page after the payment is unequivocal consent to the commencement of the service and the resignation of the refund or partial refund.
4. Statement of refound must be sent within 10 days of purchasing the service via traditonal mail at the postal address of the System: Rynek Dębnicki 4/3, 30-319 Krakow, Poland.
5. In the case of fulfillment of all the following conditions:
- Cancellation of service by not logging into the system and
- Disposal od removing an Account
- Sendind an written notice of cancellation via traditional mail within 10 days of the purchase
disposition of return (refund) will be accepted, and the payment will be immediately refunded to the bank account in PLN currency, within the statutory deadline.
11. Invoices, VAT Invoices.
1. Invoices for services shall be issued automatically upon payment of a Proforma, which is generated at the time of order.
2. Buyer has direct access to generated invoices for purchased services, and can print a PDF document identical to the original VAT invoice.
3. Seller does not dispatch proforma invoices.
4. Seller sends invoices at his own expense within the Polish shipping addresses.
5. Settlement of credit card transactions and e-transfer is carried out via the Settlement Centre Dotpay.
1. User, upon any breach of Terms, agrees that System will take a broad of corrective action (eg removal of clicks, lock part or all pages, blocking some or all of User's accounts, etc.).
2. System can lock the Account or multiple Accounts of the Use if they belong to the violating the Terms User.
3. In the case of possible evidence that User have received points in a manner inconsistent with the Terms, System can lock the Account, which can affect in the removal of points from the Account of other users, including sales to other Users. The responsibility for the consequences of the sale of points scored in breach of the Terms shall be borne by User that violates the Terms, while the Buyer shall not make any claims against the System for reimbursement of lost points from activities inconsistent with the Rules.
4. User uses the System at her/his own risk and relieves the System of responsibility for the consequences of the System (in particular the possibility of removal from the index of search engines and/or changes in the ratings and/or locks/lose pages at the addresses).
5. System does not guarantee any amount of Plus and Like markups of services of the external companies (unrelated), or continuity of service of these companies. In case of changes of the conditions of third-party services, including in particular the loss of Plus or Like marks or any change of the Like or Plus scoring, by an external company, or blockades of Plus and Like and the consequent inability to obtain or markup Plus and Like or withdrawal of the owners from Plus and Like services, User relieves the System from any liability for the actions of third parties, and waive all claims, including financial, to the Seller and the System.
6. User acknowledges that System provides a service of sharing panel (intermediary clicks) with Users, and not readymade clicks (Plus, Like). This means that the real number of clicks indicated by a third-party software may be lower than the number of clicks made by Users of the System for which the System is not responsible.
7. System states that is not linked to the companies: Google™, Facebook™, and the names may be given for informational purposes only. The System is committed to provide a consistent service with the regulations and guidelines of mentioned services. System obliges Users to use the System with respect to Terms and guidelines of mentioned services.
1. Data submited in the System (in particular, User's personal information, email, settings, profile information) is confidential. System agrees not to transmit obtained data to other entities and commit it's employees and persons having access to the data of the System with contracts loyalty.
2. System undertakes to not establish an paid co-operation on the exchange of clicks Like, Plus with clients of the User which appear in the administration panel (unfair competition), except that the potential Client contacts the System with a proposal to purchase such service.
3. Profile data are used by the System to more accurately match drawn pages.
4. System does not hold, or does not require a password of the external projects, in particular the passwords to social networking sites.
5. System does not sell individual or aggregated data in any form.
6. In case of purchase of any paid services and expression to remove the account, the System stores the invoice for the settlement with the tax authority.
7. System is not an ad network, advertising platform for data exchange, or does not engage in business as a data broker.
14. GENERAL INFORMATION.
1. This Contract is concluded for an indefinite period of time.
2. Contract may be terminated by either party with immediate effect. Termination means the termination of User's Account and points within it and functionalities (Subscription), if the account had increased parameters.
3. In the event of breach of the Contract by the User, she/he loses the right to use the System, retaining the right to re-conclusion by re-logging into the System control panel, after informing the System about the wish to re-use the System and submitting the declaration of acceptance of the Terms.
4. In the event of breach of the Contract by the System, User may no longer use the System, until the conclusion of the re-approval by the System.
5. In the event of breach of contract by either party, refund of payments does not apply for purchases of paid services that have been used.
6. In the event that a dispute arises between the Parties, they shall attempt to resolve such issue in an amicable manner.
7. User agrees, during the term of the Agreement and after it's termination, to obey the copyright and material property of the System. User agrees no to implement projects that are violating copyrights and/or material property for part or all of the content, code, functionality, and other System components. In the event of breach, User shall pass the project that is volating copyright and/or material property to the Owner of the System on the date of the breach.
9. Terms may change. Logging in to the panel constitutes acceptance of the current Terms by the User.