Terms

Regulations for using the eMultiPoetry portal
last updated 10.01.2010
 
§ 1. Opening resolutions
1.      The goal of the eMultiPoetry portal is to create a technical and teaching community for the spread of knowledge about languages and contemporary poetry through collective translation and international promotion of the poems created.
2.      The eMultiPoetry portal is run by the Związek Stowarzyszeń Multikultura located in Kraków on ul. Sebastiana 22/14 and registered in the National Court Register, no. 0000291050, hereinafter known as Multikultura.
3.      Multikultura declares that it does not run any economic or gainful activity through the eMultiPoetry portal.
4.      eMultiPoetry signifies both the eMultiPoetry portal and all other websites related to the portal which are administered by the Związek Stowarzyszeń Multikultura.
5.      To use the eMultiPoetry portal, the user must have equipment to access the internet, a browser application which accepts cookies, and an active email account.
 
§ 2. Subject of the services provided
1.      Through the eMultiPoetry portal, Multikultura:
a.      provides the user with applications for creating and distributing poems (eMultiPoetry Games and Flash Chat);
b.      provides a database which allows users to store poems and other content, as well as comment on and evaluate them;
c.       provides a database of user accounts which allows user search and information exchange between them.
2.      Use of the services provided by Multikultura is free of charge and requires registration. Use of the Flash Chat application is free of charge and anonymous; the user may optionally give identification data.
3.      Multikultura reserves the right to entirely or partially cease to provide services and temporary removal of access to eMultiPoetry for technical or organisational reasons.
§ 3. Registration
1.      Registration is voluntary and free of charge.
2.      Registration entails completion of the form at http://www.emultipoetry.eu/pl/register/, accepting the terms and conditions given here and confirmation of registration via email.
3.      Registration is completed with the creation of a user account.
4.      At the moment when registration is confirmed, the user enters into a contract on the provision of the services defined in §2 pt. 1 of these regulations and agrees to abide by all the conditions contained herein.
5.      The contract in para. 4 is entered into for an unlimited period.
§ 4. Personal Data
1.      Personal user data revealed during use of the eMultiPoetry portal, and in particular during registration and account editing, are used by Multikultura in a manner essential to refer, shape the content, change, dissolve and proper execution of the services defined in §2 pt. 1 of these regulations.
2.      The personal data essential to the provision of services by Multikultura is an email address.
3.      The set of personal user data is treated as an isolated database stored on the eMultiPoetry portal server in a special security zone which provides the proper protection. Full access to the database is provided to only a small number of authorised eMultiPoetry administrators who run the database.
4.      At the moment of confirming registration, the user gives their consent to the use of their personal data, specifically the email address.
5.      Apart from the exceptions provided for by the law, Multiculture agrees not to transfer personal user data to third parties.
6.      Independently of the above provisions, personal user data revealed by the user during use of the Flash Chat application are managed by the application’s creator, TopCMM Software Corp., to the extent essential for the proper execution of the service until clarification of the circumstances of improper use.
§ 5 Duties of the User
1.      The user is required to:
a.      immediately inform Multikultura when ceasing to use the email address revealed during registration.
b.      abide by copyright and personal property law, laws resulting from the registration of trademarks and other rights of third parties;
c.       refrain from activities which would infringe the privacy of other users, in particular revealing their personal data;
d.      refrain from activities infringing public decency, and in particular propagating pornography, racial discrimination, or totalitarian ideologies;
e.      refrain from activities which could interfere with the functioning of eMultiPoetry, and in particular modifying, deleting or interfering with access to other user accounts or activities which would cause unjustified burdens on the IT resources of eMultiPoetry;
f.        refrain from unfounded complaints discussed in §8 herein.
2.      All content presented in eMultiPoetry is made available exclusively for personal use. Copying, duplication or any other commercial use is forbidden without the consent of Multikultura or other authorised entities. It is also forbidden to use any text, graphical or musical elements, as well as elements of the site code or structure, whatsoever.
3.      It is forbidden to use any of the services available on eMultiPoetry for commercial purposes.
4.      With respect to any user who infringes the terms of these conditions, Multikultura may, taking into account the character of the infringement, suspend the services defined in §2 pt. 1 of these regulations to that user through temporary blockage of the user account.
5.      In the case of repeated infringement, Multikultura may delete the user account, which is equivalent to Multikultura’s withdrawal from the contract on the provision of the services defined in §2 pt. 1 of these regulations.
6.      Multikultura will inform the user of its intention to delete the account within a sensible period no shorter than 7 days prior to the deletion of the account. This obligation does not apply in the case of infringement of §5 pt 1 a).
§ 6. Copyright to works distributed through eMultiPoetry
1.      Online poems are created on specially created chats using the Flash Chat application. The essence of the creative process is the selection and work by the moderator of content sent in by users. In starting to write an online poem, the user gives their consent to free use of its content and its creative transformation by the moderator. The copyright to the poem created belongs exclusively to the moderator.
2.      If the online is made publicly available, Multikultura agrees to publish, alongside the verse which arose from the inspiration of a given user, his name and surname or the pseudonym under which s/he was registered, or the temporary name of the unregistered user (nick). The user may stipulate that they give up this right.
3.      The copyright to poems created using the eMultiPoetry Games application belongs to the user. At the moment the user sends a poem to a server administered by Multikultura they grant Multikultura a licence for that work.
4.      Copyright to works placed by the user on the eMultiPoetry portal, and in particular poems, belongs exclusively to that user. At the moment the user sends a poem to a server administered by Multikultura they grant Multikultura a licence for that work.
5.      At the moment registration is confirmed, the user gains the right to translate all poems on the eMultiPoetry site. At the moment a user makes a translation publicly available on eMultiPoetry, they obtain the right, through Multikultura, to use and order the translation and grant Multikultura a licence for the translation. This resolution does not apply if the poem’s creator performed the effective reservation discussed in §6 para. 7 pt. b herein.
6.      Every time there is mention in this paragraph of a licence, it is understood as a free, non-exclusive territorially unlimited authorisation from the copyright holder to use a given work in the following ways:
a.      digital and printed reproduction;
b.      introduction of copies to turnover;
c.       public performance, exhibition, screening;
d.      making the work publicly available in such a way that anyone can access it at the place and time of their choosing.
7.      The licence is granted for the whole copyright period of the work. The copyright holder allows the licensee to pass on further licences to third parties. Simultaneously with granting the licence, the user authorises the licensee to:
a.      first make the work accessible to an audience;
b.      permission to make translations of the work and permission to organise and use these translations in the manner indicated in the licence. The copyright holder may, within 7 days of granting the licence, reserve that this point will not apply to a specific work.
8.      Withdrawal from or early removal of the licence must be in written form to be valid. 
 
§ 7. Responsibility
1.      Multikultura agrees to ensure the highest possible quality of service provided.
2.      Multikultura is not responsible for any damages arising as the result of faulty functioning of the eMultiPoetry portal if they were not caused by the deliberate and blameful behaviour of Multikultura employees or authorised persons who with respect to their entrusted activities do not undertake economic or gainful activity.
4.      Multikultura declares that with the exception of clearly indicated situations, the software available through eMultiPoetry, specifically, eMultiPoetry Games and Flash Chat are the work of third parties. Multikultura is not responsible for their correct functioning and for damages arising as a result of their activity on the user’s computer or other equipment.
3.      Multikultura declares that it does not run continuous monitoring of the content of the databases discussed in §2 para. 1 pts. b and c herein. Multikultura is not responsible for the content uploaded or transferred by users.
4.      Multikultura is not responsible for the content of websites to which eMultiPoetry links.
§ 8. Reporting errors and infringements
1.      Every user may inform Multikultura about errors or infringements uncovered on the eMultiPoetry portal, and in particular about any infringements of copyright or other rights of third parties (complaint).
2.      After receiving such information, Multikultura may, following its judgement, block access to the content mentioned in the complaint or inform via email the user who uploaded it of the lodging of a complaint and request clarification. In such a report, Multikultura will not reveal the personal data of the user who lodged the complaint.
3.      If clarification is not received within a sensible period of time, no longer than two weeks from the moment of informing the user, or receives an unacceptable explanation that the content mentioned in the complaint is legal, Multikultura will delete the content from its server.
§ 9. Changes in the regulations and ending use of eMultiPoetry
1.      Multikultura reserves the right to change these regulations unilaterally.
2.      Multikultura will immediately inform registered users of changes via email.
3.      If the changed conditions within these regulations are not accepted, or for other reasons, the user may withdraw from the contract mentioned in   §3 para. 4 herein by delivering a request to delete the account.
4.      Multikultura will delete the account within 3 weeks of receiving the request.
§ 10. Final provisions
1.      In relations between Multikultura and the user, the applicable law is Polish law.
2.      If there is no other provision, all announcements, complaints and declarations should be sent via email to MultiKULTURA@wp.pl
3.      If for any reason the provisions contained herein will be considered invalid, the remaining provisions remain valid.
4.       If the applicable law allows it, the invalid provision contained herein should be interpreted in such a way as to be in accordance with the law.