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Terms of use

TERMS OF USE PUBLIC REPUTATION NETWORK

§1

PRELIMINARY PROVISIONS

These general terms set forth terms of the use and the entire operation of the social website Public Reputation Network, hereinafter referred to as ‘Website’ or ‘Service Provider’).

  1. The Terms of Use shall in particular set forth: a) the rights and obligations of registered users of the Website, and regulate the rights and obligations, as well as the liability of the Administrator as the entity responsible for the management and operation of the Website;b) the scope of services provided by the Website; c) conditions for the conclusion and termination of agreements for the provision of such services by electronic means; d) conditions and complaint-handling procedure; e) the rules on the protection of personal data of registered users receiving services provided by the Website.

  2. Website is accessible via the Internet at https://pr.network, as a resource for information and communication system, content of which is managed by PublicReputation.Net, Pieter Calandlaan 67, Amsterdam, VAT number: NL526702801B01.

  3. The Service Provider provides services by electronic means in accordance with these Terms of Use.

  4. The Service Provider provides the User with these Terms of Use prior to the conclusion of the agreement for the provision of the Services. User is not bound by the provisions of the Terms of Use in case these Terms were not made accessible as described above. The Terms of Use shall be available to the Users free of charge at any time in a form that allows downloading, recording and printing.

  5. Registration on the Website https://pr.network, shall be a declaration that the User: a) has acknowledged the content of the Terms of Use and Privacy Policy;b) accepted all the provisions of the Terms of Use and Privacy Policy and undertakes to respect them and refrain from any activities that violate or may violate the provisions of the Terms of Use and Privacy Policy or may undermine the main aims of the Service Provider’s activity, set out later in these Terms of Use; c) agrees to the provision of the services, in particular to receive commercial information sent to an e-mail address provided by User during registration process; d) agrees to his/her personal data being processed in accordance with applicable law and agrees to provide true personal data, and therefore understands that the use of false or someone’s else personal data, including creating false accounts (Accounts), or creating accounts (Accounts) without the consent of the particular individual person is an offence, for which the Website shall not be liable; e) has been informed that giving his/her personal data is voluntary and that he/she shall have the right to access, correct and demand removal of such data.

  6. Software, the name of the Website, its concept and functional layout, artwork and graphic design, as well as database and User voting system are subject to the copyrights and / or other rights of PublicReputation.Net with its registered office in Amsterdam, Pieter Calandlaan 67, VAT number: NL526702801B01, pursuant to applicable law.

§2

DEFINITIONS

  1. The terms and expressions used in these Terms of Use shall have the following meaning:

IP address – individual number that shall be assigned to each computer connected to the Internet.

Cookies – short text messages used to store information on the hard drive of the computer used by User. Information stored in „cookies” is sent back to the server of Service Provider each time the browser on this particular computer requests a page from the server, but it could be read by other servers or other Internet users as well. The cookies, consisting of several letters and numbers, store various information necessary for proper operation of websites.

Personal data – information gathered during the registration process, necessary to identify particular natural person, processed by the Service Provider to the extent necessary to conclude an agreement, prepare its content, amend, terminate the agreement or necessary to ensure proper implementation of services, and for other purposes, provided the consent of the User has been obtained.

Forum – the Internet forum available at https://pr.network/forum which enables the Users of the Website to exchange opinions and views.

Registration form – form that shall be completed by the Users during the registration process.

Voting – procedure for casting votes by Users for particular reputation card, according to the provisions of equal voting system set out in this Terms of Use.

Password - a unique code, selected by the User during the registration process, consisting of letters, number or other selected characters, which shall protect the access to the account.

Commercial information – each information intended directly or indirectly to promote services or the image of the entrepreneur within the extent specified by Terms of Use.

Reputation card – card accessible on the Website, for which the User shall have right to vote in accordance with the procedure set out in these Terms of Use.

Consumer – a natural person who or on whose behalf the agreement for the provision of services was concluded for purpose not directly associated with its business or professional activity.

Account – administration panel allowing to manage the Website Services, which shall be assigned to a particular User after registration in the system, available after each successful log in to the system.

Login - unique e-mail address used to identify the User during the registration process and in order to log in to the account.

Website or PublicReputation.Net – Website administered by the Service Provider – Internet Platform provided by Service Provider for the cooperating companies as well as Users of services, available at https://pr.network.

User Profile – set of information, data, images, photographs, multimedia and other elements presenting and describing a particular User, given voluntarily and independently by the User in the registration process and obtained in connection with management of the account by registered Users.

Terms of Use – means this document available for the Users and any natural persons that are not Website Users, defining the terms and conditions for the operation and use of the Website and accessible at https://pr.network.

Service Specification – characteristics and terms and conditions of offered paid service determined for each User individually.

ITC system – set of cooperating IT hardware and software, ensuring the processing and storage, as well as sending and receiving data via telecommunication networks.

Equal voting system – voting system developed by the Service Provider that obliges the Users to cast the same number of votes in favour and against when the vote is taken.

Electronic communications means – technical solutions including ITC equipment and cooperating software tools, allowing individual communications at a distance by using data transmission between ITC systems, including electronic mail.

Electronic delivery of services – performance of the service, which takes place by sending and receiving data through communications systems at the individual request of a User of the system, without the simultaneous presence of the parties, whereby the data is transmitted over a public network.

Services – any and all services rendered by the Service Provider for User via electronic means as set out in these Terms of Use.

Service Provider – PublicReputation.Net, with its registered office in Amsterdam, Pieter Calandlaan 67,VAT number: NL526702801B01

User – any natural or legal person or entity having the capacity to perform legal acts but lacking the legal status of a legal person, which uses the services provided by the Website after registration.

Content Manager - PublicReputation.Net, with its registered office in Amsterdam, Pieter Calandlaan 67,VAT number: NL526702801B0, entity responsible for the data processing.

§3

REGISTRATION AND PARTICIPATION REQUIREMENTS

  1. The Agreement for the provision of services by electronic means is deemed to be concluded by the User at the moment of use of any services offered by the Service Provider after registration.

  2. By the registration, the User: a) shall provide the following data: name, surname, current and valid e-mail address, sex, date of birth, country and place of domicile and shall also complete all fields of registration form unless the field is marked as optional, and in case the Account was set up through recommendation – e-mail address of person recommending the Website;b) declares that all the data given in the registration form are truthful and do not violate any third parties' rights, but shall also be responsible for the accuracy of the information given in the registration form; c) shall read the Terms of Use and confirm the fact that he/she read these Terms of Use and Privacy Policy by checking appropriate field in registration form; d) shall consent to his/her personal data given in registration form being processed for the purpose of rendering services under any agreement concluded in accordance with these Terms of Use, whereas the User at any time shall have right to access and correct such data; e) by checking appropriate field in registration form consents to receive all information related to the services provided by Service Provider and User Account Maintenance sent by Service Provider to a indicated e-mail address; f) is aware that use of the Website shall be, as a rule, free of charge and entirely voluntary, no one could force the particular person to create and hold the Account on the Website administered by the Service Provider.

  3. The User may at any time stop the registration procedure, then all existing activities aimed at creating an individual User Account shall be canceled.

  4. Following receipt of the registration form duly completed, the Service Provider shall create for the User his/her individual User Account on the Website.

  5. The User accesses to the account through his/her own Google or Facebook Account, specifying also his/her e-mail address and setting up the password. User is obliged not to disclose the password to any third party and is solely responsible for damage caused as a result of the disclosure or grossly negligent infringements of data protection provisions, in reference to the password to the Website.

  6. The User may at any time change the account data given during the registration process. If the User removes the data, he/she loses the ability to use the Website to the extent to which these data are necessary for using Website services. In case the data necessary for registration are removed, the User is no longer entitled to use the Website administered by the Service Provider.

  7. The User may at any time remove the Account on his/her own or sent the request for the removal to the Administrator address. Following receipt of such a request, the Administrator of the Website shall remove the particular account within 21 days of receiving the request.

  8. In case it becomes known to the Service Provider that the User performs any action that is incompatible with law, principles of morality or these Terms of Use, or may infringe personal rights or legitimate interests of the Service Provider, after preliminary warning and in case the User does not cease such actions, the Service Provider may block an Account. If such User’s actions are of a lasting nature, the Service Provider shall have right to block User’s IP address.

  9. In certain justified cases, in particular in cases when as a result of User’s action, breach of a fundamental right, principles of morality or provisions of these Terms of Use was performed, the Service Provider may block the particular User Account without sending a warning.

  10. The User is solely responsible for the content of his/her comments and his/her own actions in the field of social control, that may (in case of significant violations of the rights of other natural persons or entities) put his/her in danger of judicial or administrative responsibility.

  11. Every User is entitled to have only one account on the Website. It is forbidden to sell or share accounts to the third parties, also in case they have their own account on the Website.

  12. Registration on the Website shall be tantamount to the Users’ declaration that:

a) they voluntary started using services on the Website;

b) they confirm that data given in registration form apply exclusively to themselves and are truthful;

c) they consent to the Users’ personal data given in their registration form or on their account being processed by the Administrator for the purpose of proper implementation of the agreement for the provision of the services;

d) they allow to use their image placed on the Website for the purpose of rendering services within the Website, and declare that natural persons or other entities, whose image was places on the Website authorized the User to publish such materials.

§4.

GENERAL TERMS OF USE OF WEBSITE

  1. Using the services shall be performed in accordance with the law, in particular in accordance with the rules of social coexistence and the values of respect for human dignity, freedom, equality, respect for human rights, including the rights of minorities.

  2. The aim of the Website operation is to create a tool of real social control and the ability to influence the shape of society, the local as well as global community, including the ability to evaluate different legal entities, including national and international organizations as well as individuals, through the votes for reputation cards cast by the Users.

  3. Website is committed to democratic pluralism, principles of democracy, non-discrimination, tolerance, justice and equality for men and women, in order to create a space of freedom of speech, which could have a proper impact on the certain behaviors and social institutions, through the approval or disapproval of their activity.

  4. In order to improve the ability of individuals to influence the various forms of social life, the Website pursuing its own objectives in the field of freedom to manifest one's beliefs, prevents hate speech in the global community which the Internet is, in order to replace it with a substantive exchange of opinions by shaping the image of certain individuals or other entities and national as well as international organizations, including non-profit organizations.

  5. By using the Website services, the User shall be obliged to: a) refrain from any action that might complicate or disturb the operation of the Website or the use of the Website services in a manner that may be burdensome to other people.b) give the real data; it is unacceptable to create false accounts of non-existent users or give the personal data of other person as one’s own personal data, use the accounts of other users or share the User’s own accounts with other people, c) to observe the author’s economic rights and rights arising from registration of inventions, patents, trademarks, utility and industrial designs owned by other persons, d) to update own personal data available within the Website, and to acquaint themselves with the amendments of these Terms of Use.

  6. It is forbidden to publish on the Website contents, materials or pictures which are incompatible with objective law and the principles of social co-existence, encouraging racial, ethnical, religious hatred or propagating violence, encouraging the commission of the crime, as well as vulgar contents, commonly known as morally reprehensible, socially improper, and unauthorized use of someone else's image that infringes the principles of morality and any action which would expose the Website to harm or legal liability.

  7. It is forbidden to publish on the Website texts, materials or pictures which are incompatible with law, being contrary to the legal provisions about personal data protection, i.e. health, freedom, honor, freedom of conscience, name or pseudonym, image, secrecy of correspondence, scientific, artistic, inventor’s and rationalizing achievements

  8. The User publishes content on the Website on his/her own responsibility. Service Provider shall be entitled to remove or change the published content which is deemed to be illegal or inconsistent with these Terms of Use and to block the User’s membership in relation to the notorious cases of violating the provisions of these Terms of Use and acting contrary to the aims of the Website operation referred to in §4. points 2 and 3.

  9. In case of violation of applicable law or the provisions of the Terms of Use referred to in § 4. points 5,6,7, the User who notices a particular infringement is obliged to lodge the appropriate complaint to the Administrator, specified in detail in § 10 of these Terms of Use.

  10. The Service Provider does not initiate the transfer of data, does not select the receiver of such data, and does not select or modify the information included in the transfer, except the circumstances provided in these Terms of Use in case of breach of the relevant provisions and the infringement of the applicable law.

§5.

SCOPE OF SERVICES

  1. After successful registration the Users shall receive points that allow them to cast votes in favour or against the particular reputation card. Equal voting procedure is implemented and therefore it is impossible to cast only votes in favour or against. After each positive vote, the vote with negative evaluation shall be casted for the reputation card selected by the User.

  2. The number of votes available for the User depends on the type of membership. The User may choose a specific type of membership.

  3. In order to obtain a particular membership status, the User is obliged to pay a determined amount of money. Purchase of the status also increases the number of votes that are at the User’s disposal.

  4. The choice of the type of membership also affects the possibility to cast hidden votes, to create a greater number of cards, and also increases the User’s impact on the global reputation network.

  5. The Users determine the appropriate settings of their accounts and may at any time change the password, profile picture, notification regarding system messages, social and marketing activities, turn on or off the particular options.

  6. By casting votes and active participation, the User influences development path, being able to track the voting methods of other users in order to implement the principles of democratization, openness and transparency. The Users may also develop their own list of contacts by inviting friends via e-mail or a ref-link.

  7. User’s Development excessively influences level of experience, and thus - the possibility to cast a greater number of votes, including the hidden votes increasing in direct proportion to the increasing experience. With the development, the User also acquires the ability to publish greater number of cards. Information about the development are included on the User Account, site “wall”.

  8. Votes in equity voting system are casted once a month.

  9. Verified Users may also create reputation cards of public figures, adding avatar of a particular card and comment on its behalf. If specific provisions oblige the User to obtain appropriate consent, it is presumed that the User obtained such a consent prior to the creation of a particular card.

  10. Failing that, the User shall be fully responsible for the relevant infringement.

  11. It is not allowed to create reputation cards that have already been created on the Website.

  12. It is forbidden to take any action which damages the reputation of a public entity, involving in particular publishing ridiculous, vulgar or otherwise compromising photograph or description, as well as any act involving unfair competition, libel, fraud, defamation, misrepresentation in relations to the company's activities, violations of their personal rights, as well as breach of their business secrecy.

  13. The only purpose of creating reputation cards shall be careful evaluation of the entity or product, and not the implicit or explicit violation of the law in relations to public entity, mentioned, in particular in the preceding point.

  14. Service Provider provides both free of charge and paid services according to the price list posted on the website that ensure access to the service. Using the content and functionality of the Website and User Account is free of charge. Paid services are performed by the Service Provider on User’s request. In particular, this provision refers to the type of membership.

  15. Detailed terms and conditions, including the type, scope and price of paid service shall be determined by the Service Provider in the Service Specification.

  16. The Service Provider declares that they are not responsible for the content of created reputation cards, in particular - the choice of avatars and comments on behalf of such cards and reserves the right to remove cards and comments inconsistent with the law and the provisions of the Terms of Use.

§6.

TERMINATION OF AGREEMENT

  1. The agreement for the provision of services, that is concluded with the User each time as a result of the registration, may be terminated by either party.

  2. The User shall be entitled to terminate the agreement for the provision of services by electronic means by removing the Account on his/her own.

  3. The Service Provider shall be entitled to terminate the agreement for the provision of services by electronic means, including removal of User Account in the following cases: a) the User breaches the essential provisions of the Terms of Use;b) it becomes known to the Service Provider that the name of the account is incompatible with the law, principles of morality, violates the personal rights of third parties or the legitimate interests of Service Provider, and the data used during the registration is untrue; c) The User publishes content that is deemed to be incompatible with the law, including the unlawful creation of reputation cards and other User activities incompatible with the principles of respect for the rights of third parties and the principles of pluralism.

  4. The Service Provider shall notify the User within 3 days after such termination.

  5. The Service Provider reserves the right to refuse to provide the particular User with their Services, including the removal of the account if the account has been created once again after its removal being a result of breach of the Terms of Use or any other essential infringement.

  6. The Service Provider may remove the Account at the reasoned request of a third party, in case the occurrence of the conditions set out in § 6 point. 3 a), b) and c) could be proved.

§7.

LIABILITY OF SERVICE PROVIDER

Subject to compliance with the provisions on acting in good faith and in accordance with principles of morality and regulations on consumer protection, within the extent permitted in the light of the legislation in force, the liability of Service Provider shall be excluded:
  1. in case of any damage caused to third parties as a result of the use of the Services by the Users in a manner inconsistent with the Terms of Use or the law, performed consciously or unconsciously;

  2. in case the content and form of materials published through the Services by the Users, violate the law or protected by the law good of third parties;

  3. in case the material published by the Users as a part of their activity on Website is used by other entities than the Service Provider;

  4. in case any User data are lost as a result of external factors or other circumstances beyond the control of Service Provider, in particular as a result of User’s failure to exercise due diligence;

  5. in case the Website is not available for reasons beyond the activity of the Service Provider;

  6. in case the access to the Website is interrupted, including situations preventing the User from using the Services being a result of removing a failure, hardware and software testing, the necessity of maintenance or performing other required activities at a time;

  7. in case of any damage incurred by the Users being a result of read/write problems.

  8. technical problems related to the use of the Service, arising for reasons beyond the control of the Website, including force majeure or malfunction of the Internet.

§8.

AMENDMENT OF TERMS OF USE

  1. Service Provider reserves the right to amend the conditions of the use of Website by amending existing Terms of Use or by the introduction of the new Terms of Use.

  2. In case of amendment or the introduction of the new Terms of Use, the Service Provider undertakes to immediately provide the User with information in relation to the amendments of these Terms of Use.

  3. Service Provider shall notify the individual user about the scope of the concerned amendments by sending the content of the Terms of Use or a link to a website containing the new Terms of Use or amendments to the e-mail address indicated during the registration process.

  4. The Users may in writing express their lack of the acceptance of the amended Terms of Use, including the ability to terminate the agreement for the provision of services, as well as remove the Account, which shall be tantamount to the lack of acceptance of the amendments or the new Terms of Use. Objections must be reported within 14 days after receipt of the notice. No objection within the deadline shall be deemed as acceptance of the amendment or new Terms of Use.

  5. New Terms of Use or amendment of the existing Terms of Use come into force after 14 days from the date of sending the information about creating the new Terms of Use or amending its part.

  6. The date on which the User was able to read the relevant notification shall be deemed to be date of receipt of such notification.

§9.

PROCESSING OF PERSONAL DATA

  1. The Personal Data Administrator is PublicReputation.Net, with its registered office in Amsterdam, Pieter Calandlaan 67, VAT number: NL526702801B01.

  2. The Content Manager of the Website is PublicReputation.Net, with its registered office in Amsterdam, Pieter Calandlaan 67, VAT number: NL526702801B01.

  3. The Personal Data Administrator processes the Personal Data of the Users to the extent necessary to render the services specified in the Terms of Use, including proper implementation of services, possible termination and archiving, and for other purposes provided the relevant consents have been obtained.

  4. The Personal Data Administrator is authorized to provide personal data only to entities authorized under specific legislation, including the relevant judicial authorities.

  5. The User has the right to inspect all and any data being processed at any time, as well as the right to correct them and demand their removal from the Accounts Database.

  6. The Website undertakes a number of technical and organizational measures to protect personal data of the Users.

  7. Providing personal data within the use of services is voluntary, which is certified by the User, however, it is necessary for rendering the services within the scope of the Website operation.

§10.

COMPLAINTS

  1. Any and all complaints must be submitted in writing or by e-mail to the address of Content Manager of the Website. Complaint shall be filled in using template form available on the website.

  2.  As duly submitted complaint shall be considered a letter containing at least: a) indication of the entity lodging the complaint (name, surname or company, address or registered office, e-mail address);b) the subject of the complaint, i.e. the behavior or actions that is considered by entity lodging the complaint as inconsistent with the law or the provisions of the Terms of Use; c) circumstances fully justifying the complaint.

  3. Complaints will be considered within 21 days following the receipt of a written complaint by the Website.

  4. In the case of any formal defects of the complaint, i.e. omission of the elements specified in §10. point 2 a) - c), in order to deem the complaint to be properly lodged and subsequently to perform its consideration it is obligatory to submit additional information. The deadline for the submitting such information shall run from the date of delivery (including also electronic means) of the last required document or giving the last required information.

  5. The decisions of the Website regarding complaints shall be taken by written procedure.

  6. The Website shall consider all complaints in accordance with the Terms of Use.

  7. Content Manager reserves the right to leave the complaint unanswered if it concerns to the dysfunction resulting from unfamiliarity with the Terms of Use or User’s failure to refer to the given instructions, if the User did not refer to the given instructions or such instructions was previously omitted by the User.

  8. Parties undertake to settle all the disputes amicably.

§11.

FINAL PROVISIONS

  1. Rights and obligations of the Service Provider and the User are defined exclusively in these Terms of Use and the applicable law, in particular ,primary and secondary laws of the European Union.

  2. Terms of Use come into force on the date of its publication at https://pr.network and from that day will be applicable to agreements concluded with the Website.

  3. The provisions of these Terms of Use do not violate consumer rights under any applicable laws which shall prevail over the provisions of these Terms of Use.

  4. The invalidity of any provision of these Terms of Use on the basis of a decision of the competent court will not affect any other provision of these Terms of Use.

  5. In matters not regulated herein, the relevant provisions of Community law shall be applied.

  6. Service Provider reserves the right to assign in whole or in part any of its rights and obligations associated with the operation of the Website, without the permission and the opportunity to express any objections by the Users.

  7. Date of publication of the Terms of Use on the Website: 2016.03.08