Terms of use

TERMS AND CONDITIONS OF WHYBLUESKY.NET
 
 
§ 1 Definitions
 
WBS – “WHYBLUESKY” sp. z o.o. (limited liability company established and operating under the laws of Poland) with its registered seat in Krakow, Poland, tax ID: 676-249-35-24.
Website – website located at www.whybluesky.net . 
User – a person who uses the Website by registering an account on the Website or otherwise. 
Terms of Use – these terms and conditions of use of the Website.
Content – lesson scenarios made available by using the Website.
 
§ 2 Introduction
 
These Terms of Use govern the User’s use of this Website; by using the Website, User accepts these Terms of Use in full. If User disagrees with these Terms of Use or any part hereof, User must not use the Website. 
The Website uses cookies.  By using the Website and agreeing to these Terms of Use the User has agreed on WBS’s Privacy Policy.
 
§ 3 Proprietary Rights
  1. The Website is owned and operated by WBS. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the "look and feel" of the Website contained in the Website are proprietary to WBS, its affiliates and/or third-party licensors, subject to § 3 p. 2 below.
  2. All of the Content and every part of them, graphics, photographs, images, audio, video belongs to and they are property of their respective owners.
 
§ 4 License
  1. The Website contains the Content shared under the licenses and consents of third parties and the Content provided by WSB under the terms of this Terms Of Use.
  2. The Content available on the Website is marked with signs indicating the principle of use of the Content and are divided into following categories:
    a) The Content marked as CC BY-NC-SA.3.0. – the Content is provided under the Creative Commons license, available at http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode.
    b) Author’s Content – the Author (or other entity entitled to the copyrights) of the Content is entitled to all copyrights to the Content, which is available on the Website under the license or consent granted to WBS by the authorized entity.
    c) External Content – the Content downloaded and used by WSB under the licenses available at the address given at each of the Content, in accordance with the following formula: „External Content under the license at [www address]”
  3. The Users are entitled to use the External Content only under the conditions and in accordance with the license terms applicable to this Content. WSB does not grant the Users any licenses or permits to use the External Content.
  4. The Users are entitled to use the Author’s Content  only on the basis of permissible use of the copyrights under Polish Copyright Act. WSB does not grant the Users any licenses or permits to use the Author’s Content .
 
§ 5 Registration
  1. To access the Website User may be asked to complete an online registration form. In consideration for User’s use of the Website, User agrees to provide true, current, complete and accurate information as requested on any registration form to which the Website may direct User, and to update that registration information as soon as possible after any information on such registration form changes.
  2. Upon registration User shall choose a username and password. User alone is responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username.
  3. By registering the account User agrees on receiving WBS’s newsletter to the e-mail address used during registration procedure. The User is able to resign from receiving the newsletter using setting of his account.
 
§ 6 User Conduct
  1. After using a Content User is obliged to send WBS a feedback including information about realization the Content using the Website. Feedback may contain pictures, photos, videos and opinions connected with using the Content. 
  2. By sending a feedback User allows WBS to use any submitted contents at its sole discretion. 
  3. Making use of Stripts is free of charge in each case. The User is only required to sending the feedback.
 
§ 7 Limitation of liability
WBS IS NOT LIABLE FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL RESULT OF USER’S CONDUCT,
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSSES CAUSED BY BREACHING THESE TERMS OF USE OR LICENCE MENTIONED IN § 4 ABOVE,
WORKING AND AVAILABILITY OF WEBSITE AND DOES NOT GUARANTEE THAT FUNCTIONS Of THE WEBSITE SHALL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THESE LIMITATIONS OF LIABILITY APPLY EVEN IF WBS HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS.
 
§ 8 Indemnity
  1. User agrees to indemnify and hold harmless WBS, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from User’s (or anyone acting under User’s password or username) use of this Website, connection thereto, or any alleged violation by Terms of Use by User.
  2. In particular User agrees to indemnify and hold harmless WBS, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death to User or any third party that may result from the use of or reliance on any contents or product or its parts delivered to you by WBS. User understands and agrees that WBS is merely providing Content to User as a service, and that WBS has no control over, or responsibility for, the Content themselves and/or any consequences or adverse reactions User or third parties may experience as result of their use. WBS recommends that User exercises its own skill and care with respect to the use of any contents and should obtain any expert advice considered necessary.
 
§ 9 Privacy
  1. WBS respects User’s right to privacy of User’s personal information.
  2. All of details on the manner in which WBS collects, use, disclose and otherwise manages User’s personal information are included in WBS’s Privacy Policy.
 
§ 10 Changes and termination 
  1. WBS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, WBS reserves the right to change the Terms of Use at any time and to notify User by posting an updated version of the Terms of Use on this Website. 
  2. User is responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of "Last Update" at the bottom of this document.
  3. Continued use of the Website after any such changes shall constitute User’s consent to be bound by such changes, with continued provision of use of the Website constituting consideration from WBS to User for so being bound. Your only right with respect to any dissatisfaction with the Terms of Use, Privacy Policy or practice of WBS in operating the Website and any Content available through the Website, is to stop visiting and using the Website.
§ 11 Applicable Law
  1. The Terms of Use shall be governed by and construed in accordance with the  laws of Poland. 
  2. In case of any disputes which may arise from or in connection with the functioning and using the Website shall be brought before the Polish court competent ratione materiae. 
 
  PRIVACY POLICY
  1. This Privacy Policy sets out how WBS uses and protects any information that you give WBS when you use this Website.
  2. WBS is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
  3. WBS may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This Privacy Policy is effective from 16th Oct. 2015.

What WBS collects
  1. We may collect the following information: name and job title, contact information including email address, demographic information such as postcode, preferences and interests, other information relevant to contents of the Website. 

What WBS does with the information we gather
  1. WBS requires this information to understand your needs and provide you with a better service, and in particular for the following reasons:
  2. Internal record keeping.
  3. WBS may use the information to improve our products and services.
  4. WBS may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided. 
  5. From time to time, WBS may also use your information to contact you for market research purposes. WBS may contact you by email, phone, fax or mail.
  6. WBs may use the information to customize the website according to your interests.
  7. WBS may provide your information to our third party partners for marketing or promotional purposes.
  8. WBS will never sell your information.

Security 
WBS is committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How WBS uses cookies 
  1. A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps to analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
  2. WBS uses traffic log cookies to identify which pages are being used. This helps WBS to analyse data about web page traffic and improve our website in order to tailor it to customer needs. WBS only uses this information for statistical analysis purposes and then the data is removed from the system. 
  3. Overall, cookies help WBS provides you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. 
  4. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites
  1. The Website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that WBS does not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information
  1. You may choose to restrict the collection or use of your personal information in the following ways:
  2. whenever you are asked to fill in a form on the Website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes, except any contents sending as a feedback,
  3. if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing WBS at contact@whybluesky.net, except any contents sending as a feedback.
  4. WBS will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. WBS may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell WBS that you wish this to happen.
  5. You may request details of personal information which we hold about you under relevant data protection provisions of Polish law. A small fee will be payable. If you would like a copy of the information held on you please write to contact@whybluesky.net.
  6. If you believe that any information WBS is holding on you is incorrect or incomplete, please write to or email WBS as soon as possible, at the above address. WBS will promptly correct any information found to be incorrect.