Pink Lemon Creative Club » Regulamin serwisu-en

Terms of Service

Registration details as service provider: Krzysztof Wagner, doing business under the name PINK LEMON Krzysztof Wagner, 233A/3 Wal Miedzeszyński Street, 04-866 Warsaw, NIP: 567-115-77-54

Below you will find the terms and conditions, which contain information on, among other things, the rules of the website or the rules for making digital content available.

If you have any comments, questions, concerns, we are at your disposal at the e-mail address hello@pinklemoncreative.com and via the ready-made contact form available HERE. Our customer service department works from Monday to Friday from 08:00 to 16:00.

An electronic point of contact related to the Service has been designated for direct communication with Member State authorities, the Commission, the Digital Services Board: hello@pinklemoncreative.com. The same contact point may be used by the User to communicate directly and quickly with the Service Provider. Communication may be conducted in Polish or English.

§ 1 Definitions

For the purposes of the Regulations, the following terms shall have the following meanings:

Newsletter - emails containing information about news, promotions or products related to the Service Provider;
Terms and Conditions - the terms and conditions of the Pink Lemon website,
Service - the website operating at pinklemoncreative.com and its extensions;
Digital Content - data produced and delivered in digital form;
User Content - any information provided by the User for the purpose of being stored at the User's request in the Service's ICT system, possibly for publication on the Service, e.g. a comment;
Electronic Services - all services provided electronically by the Service Provider to the User via the Website;
Service Provider - Krzysztof Wagner, conducting business under the name PINK LEMON Krzysztof Wagner, Wał Miedzeszyński 233A/3, 04-866 Warsaw, NIP: 567-115-77-54;
User - the person using the Website.

§ 2 Electronic Services on the Website

The Service Provider provides the User with Electronic Services related to the use of the Website consisting of providing the User with the possibility:
1. to browse the publicly accessible content on the Website;
2. transmission of User Content.
The Electronic Services are provided to the User free of charge.
It is not necessary for the User's computer hardware or software to meet specific technical conditions in order to use the Electronic Services. Sufficient are:
1. Internet access,
2. standard, up-to-date operating system,
3. a standard, up-to-date web browser with cookies enabled,
4. having an active e-mail address.
It is prohibited to provide unlawful content when using the Electronic Services, in particular by sending such content via the forms available on the Website.
In order to ensure the security of the User and the transmission of data in connection with the use of the Website, the Service Provider shall take technical and organisational measures appropriate to the degree of security risk of the Electronic Services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.
The Service Provider shall take steps to ensure that the Website functions fully correctly. The User should inform the Service Provider of any irregularities or interruptions in the functioning of the Site.
As the Website is an ICT system managed by the Service Provider, the Service Provider may carry out technical and IT work to develop the Website and to provide Electronic Services at the highest possible level.
As part of the development of the Website, the Service Provider may in particular:
1. add new features and change or delete existing features within the Service;
2. introduce the Service on a different type of device, e.g. on mobile devices;
3. provide a Service-related application.

§ 3 Content of the Service

The publicly accessible content on the Website includes content such as text, images, graphics, audio and video.
Browsing the publicly accessible content of the Website is possible anonymously, i.e. without providing personal data.
The content of the Website is subject to copyright protection.
Details of the intellectual property are described in § 11 of the Regulations.

§ 4 Signing up for the Newsletter to receive Digital Content

For some Digital Content, the Service Provider may provide the possibility to receive it without payment, but in exchange for subscribing to the Newsletter.
The detailed terms and conditions of the Newsletter will be available when it is launched on the Site.

§ 5 Transmission of User Content

Through the Service, the User may transmit User Content for the purpose of storing it on the Service's ICT system at the User's request, possibly for publication on the Service.
It is prohibited to transmit User Content that
1. constitute illegal content within the meaning of the Digital Services Act (DSA) or
2. are incompatible with the Rules of Procedure.
User Content that does not comply with the Terms of Use is understood to be User Content that:
1. are incompatible with the content available on the Website;
2. duplicate content previously published on the Website;
3. contain links or other content of a spammy nature;
4. are used to conduct activities that are competitive to the Service Provider, e.g. to promote competing websites;
5. are used to carry out unauthorised advertising, promotional or marketing activities, in particular through the placement of advertisements, sales and promotion of products, services, projects or collections;
6. are used to carry out activities prohibited by law, e.g. attempts to defraud and defraud other Users;
7. incite or advocate violence against any living creature, including animals;
8. promote any fascist or other totalitarian state system;
9. incite or advocate hatred based on differences of gender, sex, nationality, ethnicity, race, religion or irreligion;
10. insult a group of people or individuals because of their gender, sexual, national, ethnic, racial, religious or irreligious affiliation;
11. contain content of a chauvinistic or misogynistic nature, as well as gender discrimination;
12. defame or insult any third party;
13. infringe the personal rights of any third party;
14. infringe the copyright of any third party;
15. contain vulgarities or other content of an offensive nature;
16. incite or praise dangerous behaviour;
17. offend religious feelings;
18. may cause discomfort to other Users, in particular by lacking empathy or respect for other Users;
19. contravene the applicable legal order or good morals in a manner other than that set out in points A - R.
If the Service Provider becomes aware of credible information about the possibility of a crime or offence being committed by the User in connection with the User Content transmitted, the Service Provider is entitled and obliged to notify the relevant services or public authorities and to provide them with data concerning the User. The same applies if the services or public authorities request the Service Provider to provide access to the User's data, in particular for the purposes of ongoing civil or criminal proceedings.

§ 6 Moderation of User Content

The Service Provider may verify the User Content at any time. The Service Provider shall carry out the verification in a non-arbitrary, objective manner and with due diligence. At the same time, the Service Provider stipulates that it is not obliged to check User Content in advance, in particular by means of a preventive check (e.g. as part of the prior approval of User Content) or in any other form of checking User Content.
If User Content is found to be inconsistent with the Terms of Service, User Content may be blocked and made invisible to other Users or removed from the Service.
In the event that User Content is blocked or removed, the Service Provider shall immediately notify the User who submitted the User Content to be blocked or removed, stating the reasons for its decision.
In the event that User Content is blocked or removed as being in breach of the Terms of Use, the User who posted the User Content may lodge an appeal in accordance with § 9 of the Terms of Use.
The Service Provider assures that appeals regarding User Content will not be processed in an automated manner - the Service Provider's staff will be responsible for verifying the legitimacy of blocking or deleting User Content.

§ 7 Reporting of User Content

Any person or any entity may report to the Service Provider the presence on the Service of User Content that the person or entity considers to be illegal content within the meaning of the Digital Services Act (DSA).
The application can be made by e-mail, at hello@pinklemoncreative.com or via a ready-made contact form;
The notification referred to in paragraph 1 must contain all the elements required under the Digital Services Act (DSA), such as:
1. a sufficiently reasoned explanation of why the person or entity in question is alleging that User Content does not comply with the Terms of Use;
2. a clear indication of the exact electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify User Content, according to the type of User Content and the specific type of hosting service;
3. the name and e-mail address of the reporting person or entity, with the exception of a report regarding information believed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;
4. a statement affirming the good faith belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.
Upon receipt of the notification referred to in subsection 1, the Service Provider shall immediately acknowledge receipt of the notification to the notifier - electronically, to the electronic address provided. In the event that the notification is incomplete or contains other errors, the Service Provider may request the notifier to complete or correct the notification. If the applicant fails to complete or correct the application at the latest within 14 days of the Service Provider's request, the application shall be left unprocessed.
Verification of User Content by the Service Provider will take place no later than 14 days after receipt of a complete and correct application. The Service Provider shall carry out the verification in a non-arbitrary, objective manner and with due diligence. In order to verify the User Content, the Service Provider may request additional information or documents from the notifier, e.g. confirming ownership of the rights that the verified User Content potentially infringes.
During the verification process, the Service Provider is entitled to block User Content in such a way that it becomes invisible to other Users.
Upon verification, the Service Provider may permanently block or remove User Content as infringing the Terms of Use or determine that the User Content does not infringe the Terms of Use. If User Content has previously been blocked and, after verification, it is found that the User Content does not infringe the Regulations, the Service Provider shall immediately reinstate the User Content and notify the notifier, stating the reasons for its decision.
In the event that User Content is blocked or removed, the Service Provider shall immediately notify both the notifier and the User who posted the User Content subject to blocking or removal, stating the reasons for its decision.
In the case of the blocking or removal of User Content as contrary to the Terms of Use or the refusal to block or remove User Content, the User who posted the User Content or the submitter may file an appeal according to the rules described in § 9 of the Terms of Use.
The Service Provider assures that any appeals regarding User Content will not be processed in an automated manner - it will be the responsibility of the Service Provider's staff to verify the legitimacy of the blocking or removal of User Content.

§ 8 Sanctions for unacceptable User Content

If the User uses the Website contrary to the Terms and Conditions by transmitting any User Content contrary to the Terms and Conditions, the Service Provider may:
1. suspend the User from using certain functionalities of the Website;
2. permanently prevent the User from using certain functionalities of the Website.
The choice of the measure referred to in paragraph 1 depends on the circumstances of the case and the seriousness of the violation committed by the User while using the Site. These measures remain independent of any other action that the Service Provider may take in relation to User Content, such as blocking access or permanently deleting User Content.
In choosing the measure referred to in paragraph 1, the Service Provider shall act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved.
The use of certain functionalities of the Site may be suspended for a period of 5 to 30 days. After the expiry of the foreseen period, the Service Provider restores access to the functionalities of the Site that remained suspended.
If the measure referred to in paragraph 1 is applied, the User against whom the measure has been applied may lodge an appeal in accordance with the principles described in § 9 of the Terms of Use.
The Service Provider shall ensure that any appeal concerning the application of the measure referred to in paragraph 1 is not dealt with in an automated manner - it will be the responsibility of the Service Provider's staff to verify the validity of the measure.

§ 9 Appeals

Where:
1. The Service Provider has failed to block or remove User Content despite a request from another User or a third party;
2. User content has been blocked or removed in violation of the Terms of Use;
3. The Service Provider has applied any sanctions against the User in relation to User Content;
4. The user who submitted the User Content, or the person who submitted the User Content for review, may file an appeal.
Any decision by the Service Provider relating to User Content must contain a justification that will allow an appeal to be lodged - except when the Service Provider receives an order relating to User Content from the relevant service or public authority. The justification must meet the requirements provided for in the Digital Services Act (DSA) and include information such as:
1. an indication as to whether the decision includes the removal of User Content, making it inaccessible, the deposition or restriction of its visibility, or the suspension or termination of monetary payments in respect of such User Content or imposes any other measure referred to in the Rules of Procedure in respect of such User Content, and, where applicable, the territorial scope of the decision and its duration;
2. the facts and circumstances on the basis of which the decision was taken, including, where applicable, whether the decision was taken on the basis of a report made by another User or a third party or on the basis of voluntary checks carried out on the Service Provider's initiative and, where absolutely necessary, the identity of the reporter;
3. where applicable, information on the use of automated means in decision-making, including whether a decision has been made with respect to User Content detected or identified by automated means;
4. where the decision relates to potentially unauthorised User Content, an indication of the legal or contractual basis on which the decision is based and an explanation of the reasons why the relevant User Content is considered to be unauthorised on that basis;
5. clear and user-friendly information on the options available to the user or notifier for appealing a decision.
An appeal can be made by sending an email to hello@pinklemoncreative.com;
The appeal should include:
1. the name (or business name) of the appellant;
2. contact details;
3. detailed reasons why, in the appellant's opinion, the Service Provider's decision was wrong and should be amended.
Upon receipt of the appeal, the Service Provider shall immediately acknowledge receipt of the appeal - by email to the email address provided.
Appeals shall be heard within 14 days from the date of the appeal.

§ 10 Personal data and cookies

The administrator of the User's personal data is the Service Provider.
The website uses cookie technology.
Details relating to personal data and cookies are described in the privacy policy available HERE.

§ 11 Intellectual property rights

The Service Provider instructs the User that all content available on the Website and Digital Content may constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, the copyrights to which are vested in the Service Provider or other authorised entities, as well as databases protected under the provisions on the protection of databases.
The Service Provider instructs the User that the exploitation of copyrighted content or the use of databases by the User without the consent of the Service Provider or other authorised entity, with the exception of use within the framework of permitted use, constitutes an infringement of intellectual property rights and may result in civil or criminal liability.
The Service Provider may enter into a separate licence agreement with the User relating to the User's use of content or databases belonging to the Service Provider (e.g. through the use of product photographs, use of product descriptions, etc.). In order to conclude such an agreement, the User should approach the Service Provider with a proposal to conclude a licence agreement, informing the Service Provider, in particular, of the purposes for which the User intends to use the content or databases belonging to the Service Provider and of the assumed duration of use. Upon receipt of such a proposal, the Service Provider will make an offer in accordance with its own licensing policy.

§ 12 Final provisions

The Service Provider reserves the right to introduce and cancel offers, promotions and to change the Prices on the Website.
The Service Provider reserves the right to amend the Terms and Conditions for important reasons such as:
1. change the terms and conditions of the Electronic Services;
2. the need to adapt the Rules of Procedure to legal changes;
3. the need to adapt the Rules of Procedure to a decision, judgment or other ruling of a competent court or state authority;
4. the need to comply with a legal obligation incumbent on the Service Provider;
5. editorial changes.
The Terms and Conditions in force at the time of conclusion of the Contract shall apply to Contracts for Digital Content delivered on a one-off basis.
In the case of Electronic Services, if the User does not accept the change to the Terms and Conditions, he/she may, without incurring any costs, resign from using the Electronic Services, e.g. unsubscribe from the Newsletter, stop browsing the publicly accessible content of the Website.
Changes to the Terms and Conditions do not affect the rights acquired by the User prior to the effective date of the change.
Any disputes relating to Contracts concluded through the Site shall be examined by the Polish common court with jurisdiction over the Service Provider's place of permanent establishment. This provision does not apply to Consumers and PNPK, for whom the jurisdiction of the court is determined according to general principles.
These Regulations are effective as of 24.04.2024.