Warunki Współpracy
ACCEPTANCE OF TERMS
The webpages available at
http://www.centroschumpeter.org
and all linked pages are owned and operated by the Schumpeter Centre for Creative Destruction (hereinafter „SCCD”), and they are accessed by you under the Terms of Use described below („Terms of Use” or “User Agreement”). By accessing or using our website at http://www.centroschumpeter.org , https://schumpetercentre.org , http://centrumschumpetera.pl or the mobile version thereof (together the „Site”), you (collectively the „User” or “You”) confirm that you have read, understood and agreed to be bound by these Terms of Use, whether or not you are a registered member of SCCD.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES ON THE SITE (AS EACH IS DEFINED BELOW), YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. SCCD’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR CONSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY SCCD, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
MODIFICATIONS OF TERMS OF USE
SCCD reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, SCCD will notify you via email or through an electronic message posted on the Site. What constitutes a „material change” will be determined at SCCD’s sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, SCCD may offer to provide certain services and content, as described more fully on the Site, („Services”). Services shall include, but not be limited to, any service and content SCCD performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, comments, commentary, messages, ratings, votes, forum postings, User Contacts, information, data, news articles, graphics, photographs, images, illustrations, any information, Groups or graphics associated with Groups, software, audio clips, sound and video clips or other material known as „Content”) on the Site. SCCD may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or Content. SCCD may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
USER CONDUCT
SCCD may remove any Content or SCCD accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please use our Contact Us form and write to our site administrator(s).
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by SCCD.
By way of example, and not as a limitation, you agree not to use the Services:
to abuse, harass, threaten, impersonate or intimidate other SCCD users;
to contribute any Content that is infringing, libellous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable Content; to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any SCCD user; to create or submit unwanted email („Spam”) to any other SCCD users or any URL; to violate any laws in your jurisdiction (including but not limited to copyright laws); to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic Content; to submit content that is advertorial or paid for by a company or advertiser. Bloggers and/or writers working and submitting Content for or on behalf of companies like Pay Per Post, or similar companies, are strictly prohibited from using the Site; register for more than one User account or register for a User account on behalf of an individual other than yourself.
With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site; to create separate user accounts with the intention of artificially inflating the ‚SCCD rating system’, page count, comments, or any other SCCD Services.
YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with SCCD and select a password and name („SCCD User ID”). You shall provide SCCD with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your SCCD account. You may not (i) select or use as a SCCD User ID a name of another person with the intent to impersonate that person; (ii) use as a SCCD User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a SCCD User ID a name that is otherwise offensive, vulgar or obscene. SCCD reserves the right to refuse registration of, or cancel a SCCD User ID at its discretion without warning. You shall be responsible for maintaining the confidentiality of your SCCD password. By registering with SCCD you authorize SCCD employees, site administrators and contractors to contact you by email or User Contact at any time for matters pertaining to editorial, content and your usage of the Services. Furthermore, by publishing or uploading Content to SCCD, you must only publish news written by you, and you may not publish articles for or on behalf of anyone else. You are not permitted to publish work by other SCCD users unless you collaborated on an article and the by-line is shared and clearly labelled.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
You retain all copyright to all original Content you submit to the Site. By transmitting or submitting Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant SCCD a non-exclusive, irrevocable, transferable, royalty-free, perpetual, sub-licensable, fully paid, worldwide license (with the right to sublicense) to use, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) reproduce, modify, adapt, translate, distribute, re-distribute, syndicate, publish, and create derivative works of such Content in any media, now known or hereafter devised for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing to SCCD, its affiliates and sublicensees.
You acknowledge and agree you will not post on the Site any Content for which you do not have the clear right to do so, and you give SCCD, its affiliates and sublicensees the right to use the Content, Your name, identifier, or any portion thereof, submitted in connection with such Content, if they so choose. SCCD reserves the right to modify, edit or change any Content for any reason without prior notification.
By transmitting or submitting Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant SCCD permission to keep active and live copies of all submitted Content even after your account has been terminated or closed. SCCD reserves the right to re-activate content that has been deactivated, removed or deleted for any reason, without warning, consent or approval from You.
You may generally publish Content on the Site, provided that it does not otherwise violate any third-party agreements or rights. You further acknowledge and agree that you are solely responsible and liable for any Content that you post or upload to the Site and for any infringement or other liability that may result.
Content on the Site must be original and not published elsewhere, including personal blogs or social media networks, unless written permission is expressly granted both from the owner of the original source of the content and from SCCD
You represent and warrant that (i) all Content is either wholly original to you, or all third-party rights therein have been fully cleared for use as contemplated by this Agreement, and that you have the right to grant the rights granted herein without violating the rights of any third party; (ii) the Content and the posting thereof on the Site does and will not, in any way, violate or breach any of the terms of this Agreement or violate or infringe upon the rights of any third party, and (iii) SCCD shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Content unless otherwise agreed by SCCD.
Without limiting the foregoing, SCCD reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. SCCD shall not be obligated to store, keep, maintain or provide copies of submitted Content to You or any party in the event Content is deleted or removed from the Site. SCCD may, but is under no obligation to, offer you any payment for Content that you submit or offer the opportunity to edit, delete or otherwise modify Content once it has been submitted to SCCD. SCCD shall not be obligated to enforce any form of attribution by third parties and shall not be responsible for any third party use of Content.
If it is determined that you possess any moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you have no objection to the publication, use, re-publication, syndication, modification, or deletion and exploitation of the Content by SCCD or its licensees, successors and assigns; (b) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (c) you forever release SCCD, and its licensees, successors and assigns, from any claims that you could otherwise assert against SCCD by virtue of any such moral rights.
You agree not to post to the Site any links or other Content which is intended to or may result in any monetary compensation or other benefit to you, including without limitation any affiliate links.
In the event of any inconsistency between the provisions of these Terms of Use and the applicable license terms, these Terms of Use shall prevail to the extent of such inconsistency and such license terms shall be deemed to have been modified, in writing, by SCCD and You.
SCCD maintains full and final verdict on any and all changes to content published on its website and throughout its network. You agree to allow all edits, changes, additions and modifications, be they in text, video or image form, on any and all content you submit. SCCD maintains final verdict as to which text, images and videos will appear inside or alongside all published content.
PAYMENT FOR SERVICES RENDERED
SCCD is in no way responsible and under no obligation to pay You for services rendered, as all Content and other services you may perform are rendered free of charge. SCCD may, based on its sole consideration, pay out a cash bonus to any User as it sees fit, using criteria established by SCCD individually for each specific case. However, in no way does this payment constitute a relation of employment in any interpretation of such relation and in no way does this payment create any obligation for SCCD for payment of tax, social insurance and other payments under the law of any jurisdiction. You also acknowledge and promise to declare any such income to the relevant tax authorities, in full compliance with the applicable law, with no obligation created in any way for SCCD. You also declare that any failure to report this payment to the relevant tax authorities is solely your responsibility and does not in any way cause liability for SCCD.
YOUR LIABILITY
The opinions expressed by Site users do not necessarily reflect those of SCCD. You are solely responsible for your activities on our Site, including all Content that you submit or a third party submits on your behalf or using your account. You agree to indemnify and hold harmless SCCD and its shareholders, directors, officers, employees, agents, affiliates, sublicensees, advertisers, partners, customers, vendors, successors and assigns against any and all third-party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Site, (b) any actual or alleged breach by you of any obligations, representations, warranties under these Terms of Use; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all Content that you submit or a third party submits on your behalf or using your account.
OPERATION AND MAINTENANCE OF THE SITE
SCCD operates the Site in a commercially reasonable manner and may from time to time interrupt the Site’s Services for regular and/or emergency maintenance. Where SCCD has advance knowledge of any interruption to the Site’s Services, SCCD will make reasonable efforts to provide advance notice to You of any such interruption, however, SCCD is under no obligation to do so. SCCD will not be held responsible for downtime as a result of technical difficulties, power outages or data loss of any kind.
MONITORING USE OF THE SITE
SCCD may monitor the Site but is under no obligation to do so. You hereby waive any expectation of privacy in such information and activity. Your waiver of rights in all such monitoring does not apply to personally identifiable information, which is handled by SCCD in accordance with the Privacy Policy of the Site. SCCD has no duty to pre-screen your content or the content of others, but we have the right to refuse to post or to edit submitted content.
INDEMNITY
You will indemnify and hold harmless SCCD, its shareholders, directors, parents, subsidiaries, affiliates, advertisers, partners customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorney fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or SCCD, of any intellectual property or other right of any person or entity.
INTELLECTUAL PROPERTY OF SCCD
The copyright to the Site, the design and appearance of the Site, and all of the materials and content on the Site (other than Your Content) are owned by or licensed to SCCD. These materials are protected by law against unauthorized copying and reproduction. Any use, reproduction, or distribution of material, including caching, framing, or similar means, from the Site (except as permitted herein) without written permission of SCCD is expressly prohibited. Copyright SCCD. All Rights Reserved. Other service and product marks that appear on the Site are the trademarks of their respective owners. The display of any trademarks on the Site does not imply that a license has been granted for any further use.
DEALING WITH THIRD PARTIES
Any correspondence or business dealings with any third parties found on or through the Site is solely between You and such parties. SCCD is not responsible for any damages You may suffer by entering into such transactions or communications. You and the third party, not SCCD, are responsible for compliance with all laws applicable in any such transaction or communication.
WARRANTY DISCLAIMERS
You acknowledge that SCCD has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release SCCD from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. SCCD makes no representations concerning any Content contained in or accessed through the Site, and SCCD will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SCCD has no control over such sites and resources, you acknowledge and agree that SCCD is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SCCD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SCCD BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. WHEN USING SERVICES PROVIDED BY SCCD IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, YOU DECLARE THAT YOU SHALL ASSUME THAT THE JURISDICTION COMPETENT FOR DETERMINING LIABILITY ARE THOSE WHERE SCCD SERVERS ARE LOCATED OR THOSE WHERE THE SCCD HEAD OFFICE IS LOCATED, AS SPECIFIED BY SCCD IN RESPONSE TO YOUR QUERY IN SUCH CIRCUMSTANCE. IN NO WAY SHALL SCCD BE LIABLE IN JURISDICTIONS IN WHICH IT DOES NOT OPERATE, AS PER THE TERMS SPECIFIED IN THIS PARAGRAPH.
TERMINATION
SCCD may terminate or suspend any and all services and your SCCD account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your SCCD account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind SCCD in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. SCCD shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SCCD’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including „line-noise” interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sub-licensable by you except with SCCD’s prior written consent. SCCD may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
COPYRIGHT COMPLAINTS
SCCD respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please use our Contact Us form and write to our site administrator(s).
SCCD PRIVACY POLICY
We never rent, sell or distribute your personal information to anyone unless we believe, in good faith, that release is necessary to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of SCCD, our members, our users, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction. In the event SCCD is buying or selling assets, user information is typically one of the business assets transferred. This is particularly important in the event SCCD is acquired, at which point user information would be transferred. If there are any other cases in which your personal information may be shared, you will be contacted by a member of our staff at which point you can opt out of having your information shared.