I. GENERAL PROVISIONS
§ 1. DEFINITIONS
- GLOBALFUN. GlobalFun is limited liability company, registered at 02-661 Warsaw, ul. Modra 90/76 Poland, number of Register of Entrepreneurs 0000354079, NIP 521 356 31 55, e-mail address: email@example.com.
- UNITYSTARS. UnityStars is a web service with following features:
- Social activity;
- The sale of clothing, footwear and clothing accessories;
- The sale of virtual digital products.
UNITYSTARS access for individual Users (Customers) is the desktop application downloaded from the web page www.UnityStars.com, and for trading partners (Sellers) from a Partner’s panel in www. UnityStars.com domain. UNITYSTARS is run by GLOBALFUN limited liability company.
- PRODUCTS. There are two types of PRODUCTS:
- Tangible products as clothing, footwear and accessory;
- Digital and virtual products.
- DIGITAL VIRTUAL PRODUCT. Intangible product stored in digital form.
- AVATAR. Representation of User in UNITYSTARS as a three-dimensional digital model representing the image, psycho-physical features, gender, age, and body measures.
- USER. A person that meets the requirements of the TERMS AND CONDITIONS, is registered, has opened an account and thereby has access to the services provided by GLOBALFUN Ltd. run by UNITYSTARS according to the TERMS AND CONDITIONS.
- SELLER. A User being a PARTNER offering PRODUCTS in the UNITYSTARS.
- PARTNER. User, who has opened the Partner’s Account.
- BUYER. User buying PRODUCTS within UNITYSTARS.
- PURCHASE. Procedure of selling and buying of PRODUCTS set out in point 3 of TERMS AND CONDITIONS.
- ACCOUNT. An User’s account run by GLOBALFUN Ltd. under a unique name (login) account which is a collection of user’s data and information on the activities within the UNITYSTARS.
- PARTNER’S ACCOUNT. Account established for:
- A natural person running its own business activity;
- A legal person
- An organizational units without legal personality but which may acquire rights and incur obligations in its own name.
- REGULAR ACCOUNT. Account established for natural person not engaged in running the business within UNITYSTARS. Regular account can have the status of BASIC, BUY, TEEN, and the PREMIUM.
- BASIC ACCOUNT. Free account which allows an individual to use basic functions of the service with the exception of purchasing of PRODUCTS.
- BUY ACCOUNT. Free Account allows an adult natural person purchasing PRODUCTS on the UNITYSTARS site.
- TEEN ACCOUNT. Free Account for minor person to enable the purchase of PRODUCTS on the UNITYSTARS site.
- PREMIUM ACCOUNT. REGULAR account of natural person to facilitate additional functionality for a paid subscription.
- REGISTER. The procedure for setting up accounts.
- TERMS AND CONDITIONS. TERMS AND CONDITIONS of UNITYSTARS service available at www.UnityStars.com.
- UNITYSTARS user may be natural and legal persons . Owner of BUY ACCOUNT may be a person at 18 years of age and have full legal capacity. Users may be persons who are at least 13 years and not more than 18 years and can independently acquire rights and incur obligations in accordance with the provisions of applicable law and subject to the ACCOUNT TEEN rules, the content of which is attached as Appendix 4 to the TERMS AND CONDITIONS.
Owner of PARTNER’S ACCOUNT may be legal persons and organizational units without legal personality, but may in its own name, acquire rights and incur obligations.
- Legal persons which do not conduct business activity within UNITYSTARS in order to REGISTER and have access to the UNITYSTARS system within BASIC ACCOUNT, should complete the registration form by providing: full name e-mail address, password, gender, language, country of residence, region of residence, city of residence, birth date. Upon REGISTRATION in the UNITYSTARS service User reach an agreement for the provision of electronic services between the registered user and GLOBALFUN, which is a provider of UNITYSTARS system under the conditions specified in the TERMS AND CONDITIONS. To activate BUY ACCOUNT which allows the purchase of PRODUCTS through the UNITYSTARS site, User should provide further information like address and telephone contact number using the appropriate form available for a REGULAR ACCOUNT in the UNITYSTARS desktop application.
- Natural persons, legal persons and organizational units using UNITYSTARS as a part of their business to REGISTER and have access to the PARTNER’S account of UNITYSTARS should complete the registration form. REGISTRATION could be made by a person who is authorized on behalf of the operator to perform any activities related to the registration and to conduct all rights and obligations of Users. To register and gain access to the UNITYSTARS system within PARTNER’S ACCOUNT that person should complete the registration form stating the following: e-mail address, password, full name of the entity, the address of its registered office, country and the region, name and number of business register, telephone number, website, tax identification number, name, address, e-mail, and send copies of documents confirming the registration and tax identification number. After completing and confirming the accuracy of the registration information, confirming e-mail will be sent. with instructions allowing the company to confirmation of registration. Upon confirmation of REGISTRATION contract is concluded for the provision of electronic services between the registered entity and GLOBALFUN which is the operator of the UNITYSTARS under the conditions explained in the TERMS AND CONDITIONS.
- GLOBALFUN may refuse to register or use the UNITYSTARS system upon lack of authenticating information referred to in section 2.2. and 2.3. In the case of PARTNER’S account, If copies of the documents referred to in section 2.3. are not attached or negatively verified by GLOBALFUN it is impossible to sale by the UNITYSTARS system through PARTNER’S account.
- As a result of completing the registration form GLOBALFUN creates an account with a name (login) indicated on the registration form. User can log in to its UNITYSTARS account using name (login) and password.
- Created user’s account contains REGISTRATION information. If these information are changed, user should update them immediately, using the appropriate form available for a REGULAR account in UNITYSTARS desktop application, and for PARTNER’S account on Partner’s Panel within UNITYSTARS. You may not remove the User information referred to in section 2.2. and 2.3., while using the UNITYSTARS service and feed false or incomplete information.
- User who is registered, but not provided all information required to conclude a purchase, may use the UNITYSTARS with the following restrictions:
- May not sell PRODUCTS
- May not buy PRODUCTS.
- User may not have more than one account.
- User may not use other user’s accounts and share their accounts with others, except when other person is acting on Users’s behalf. User who provided the account according to principles set out above are responsible for all actions taken under UNITYSTARS system.
- User should keep in secret password to the account. Accounts are non-transferable, but can go to another operator in case of sale of the Partner’s business or its organized point
- GLOBALFUN reserves the right to suspend temporarily the account or access to certain services provided by UNITYSTARS if it is determined that safety of the account is at risk. GLOBALFUN may make further use of the account depending on changing a password to this account. After changing the password, you will immediately regain access to the account.
§ 3. BUYING PRODUCTS
- GLOBALFUN, as operator of UNITYSTARS, allows Users to sell PRODUCTS on the terms specified in the TERMS AND CONDITIONS providing Users with the appropriate tools. GLOBALFUN is not a part of contracts settled between Users and does not guarantee that the Seller and the BUYER have the ability to sale and buy PRODUCTS.
- Within UNITYSTARS system User can purchase product by placing an order and complete the procedures for the execution of the contract.
- Purchased PRODUCTS have fixed price, predetermined by the Seller.
- When one product is purchased it results in one contract of sale. However, due to purchase more PRODUCTS new agreements are concluded.
- Prices and other information proposed by the Partners are public, accessible to all UNITYSTARS visitors.
§ 4. PROHIBITED PRODUCTS
- Partners are obliged not to trade PRODUCTS which violates applicable law or third party rights (in particular copyright and other intellectual property rights), as well as those that may be considered contrary to good practice.
- Notwithstanding the foregoing, it is prohibited to offer items listed as prohibited in Appendix 1 of TERMS AND CONDITIONS.
- Selling of certain types of PRODUCTS is subject to the additional conditions set out in Appendix 1 to the TERMS AND CONDITIONS.
§ 5. LISTING PRODUCTS
- To list a product for sale, the Seller must add all details of a product. To do this the Seller must fill in a form available at Partner’s Panel at UNITYSTARS.
- After approval by the Seller Product becomes available for Buyers unless Seller indicates a different starting date.
- By listing PRODUCTS the Seller declares that the PRODUCTS do not violates applicable law or the rights of others and that is authorized to execute a contract of selling PRODUCTS.
- Description of the terms of sale, including the description of the PRODUCTS must be accurate and complete and must not mislead other Users, in particular as regards the features of the product, such as its quality, origin, brand or manufacturer. Description of the terms of sale, including the description of the PRODUCTS shall be in accordance with the requirements of the law, in particular, it should contain the required including those specified in the applicable regulations for the protection of consumers. User is fully responsible for the content presented in the description including errors or inaccuracies of the description.
- PRODUCTS must be placed in the right category.
- The description may only be the description of the listed product. Detailed terms for the creation, description of PRODUCTS, adding of images and additional options are specified in Appendix 5 to the TERMS AND CONDITIONS.
- Seller is bound by the description of the PRODUCTS, however, may change the description. The description may not be changed when product is already purchased.
- Seller accepts payment from BUYERS through payment systems that supports UNITYSTARS service.
- By listing PRODUCTS Seller agrees to its publication for promotional purposes in UNITYSTARS or other websites operated by GLOBALFUN partners.
- Seller by listing tangible PRODUCTS such as clothing, footwear or accessories by introducing to the UNITYSTARS service a digital copy of Digital Virtual Product agrees to its free use for other UNITYSTARS Users.
§ 6. ORDERING PRODUCTS
- User orders products by selecting Buy option.
- By ordering PRODUCTS Buyer agrees to provide Seller with information included in Buyer’s account such as name, address, shipping address, e-mail, telephone number, and UNITYSTARS shall forward order’s information along with information mentioned above.
- Shipping charges is added to overall cost of the PRODUCTS. These costs are calculated on the basis of carrier’s tariff operating within UNITYSTARS. There are no other costs added by UNITYSTARS or Seller increasing the price for Buyer.
- The procedure in case of planned downtime and technical failures, in particular their impact on the execution of contracts is specified in Appendix 2 to the TERMS AND CONDITIONS.
§ 7. CONTRACTING
- When PRODUCTS are ordered Seller and Buyer have fulfilled their contractual obligation.
§ 8. THE ROLE OF UNITYSTARS
- GLOBALFUN is not responsible for the behavior of Users within UNITYSTARS or for improper fulfilling or non-fulfilling of their contracts. GLOBALFUN is not responsible for the consequences of actions taken by Users and third parties, as breach of the TERM AND CONDITIONS or the law. In particular GLOBALFUN is not responsible for the quality, safety or legality of the listed PRODUCTS, the accuracy and reliability of the information provided by Users. GLOBALFUN is not responsible for Users not compliance with the relevant provisions of the applicable consumer law, the ability of Sellers to deliver PRODUCTS and solvency of the buyer.
- GLOBALFUN does not check PRODUCTS, but reserves the possibility to change the category or edit Product’s incorrectly parameters describing the basic characteristics of the PRODUCTS or delete the product. A Seller is informed about the fact of deleting the PRODUCTS.
- GLOBALFUN can remove the product if it infringes the provisions of the TERMS AND CONDITIONS, applicable law or moral standards of UNITYSTARS system. When product is removed, information about the product are no longer available in UNITYSTARS system. Deleted PRODUCTS may not be restored.
- If the User’s action violate the provisions of the TERMS AND CONDITIONS, the law, decency, or threaten to cause damage to UNITYSTARS or when the account requires additional verification of the information referred to in point 2.2. or 2.3., GLOBALFUN may:
- suspend user account for a definite or indefinite period of time;
- limit functionality or its part for a definite or indefinite period of time.
Notwithstanding the foregoing, User is fully responsible for its suspension, in particular the responsibility for damages towards GLOBALFUN or third parties.
- In case of suspension of an account user only has insight in to account and some features to settle claims towards Sellers and finalize contracts agreed on before suspending the account. However it may not use any other services provided by GLOBALFUN within UNITYSTARS system.
- GLOBALFUN user may refuse registration and run an account when any of the user account has been suspended in the past.
§ 9. OTHER DUTIES OF USERS
- Any action taken by User within UNITYSTARS system should be in accordance with applicable law and moral standards.
- Copyright for UNITYSTARS graphics, including UNITYSTARS logo, as well as the layout and composition of these elements, property rights, including rights of trademark and protection, rights for trademarks within UNITYSTARS belong to GLOBALFUN. Users may not use graphics, layout and composition as well as the designations for which GLOBALFUN has rights to, except when expressly provided for in the TERMS AND REGULATION or with the consent of GLOBALFUN.
§ 10. IMPORTING AND EXPORTING PRODUCTS
- User may use online services, buy and sell PRODUCTS in international trade, according to the TERMS AND CONDITIONS set out in this section.
- User with name (login) and password referred to in point 2.6., may list the PRODUCTS and make transactions in international trade.
- All activities related to the transactions carried out in international trade should be in accordance with the UNITYSTARS TERMS AND CONDITIONS and local laws.
- All fees and charges provided for in the TERMS AND CONDITIONS, user pay to GLOBALFUN, and the amounts payable are converted into local currency at the daily average of foreign exchange rate announced by the National Bank of Poland, at the exact time of calculation of the fee or commission.
- If user by listing PRODUCTS in UNITYSTARS system, provides the opportunity to send the PRODUCTS overseas, the side of the transaction is available for foreign Users using UNITYSTARS search engines.
§ 11. FEES AND COMMISIONS
- Services provided by GLOBALFUN within UNITYSTARS are paid and free. Fees and commissions related to sold PRODUCTS are paid by Seller. License fees related to the use of Premium Accounts is paid by Regular Account User (natural person). Fees and commissions are specified in Appendix 7 to the TERMS AND CONDITIONS.
- Fees and commissions are calculated and reported on a regular basis for subsequent periods. The settlement period is a calendar month.
- VAT invoices are issued for User of Partner’s Accounts. For this purpose, they are required to fill out a special form. For User of Regular Accounts VAT invoice shall be issued only upon request.
- Invoices are issued using the User information in the Account.
- Fees and commissions for services provided by GLOBALFUN within UNITYSTARS service are paid by User on GLOBALFUN bank account.
§ 12. PAYMENTS
- Payments for PRODUCTS purchased in UNITYSTARS system are made via external to UNITYSTARS payment systems.
- To make payments User should have agreement with financial service provider.
§ 13. CUSTOMS AND TAXATIONS
- Prices of PRODUCTS in UNITYSTARS service are in the U.S. dollars (USD), or Polish zloty (PLN) and include the tax fares in accordance with the legal requirements.
- Buyer when purchasing PRODUCTS from foreign markets is required to pay the legally required duties and taxes.
§ 14. SHIPPING PRODUCTS
- Prices of products given in UNITYSTARS do not include shipping costs. Information on shipping costs are given in the text of the contract submitted by the Buyer.
- Courier services are carried out by transport companies serving UNITYSTARS. Information about the company transport and delivery times can be found in order by the Buyer and folding in the confirmation of order.
III. OTHER SERVICES
§ 15. PROFILES OF USER, PARTNER AND BRAND
- User which is a natural person using the "User’s Profile" in UNITYSTARS system can post information about her/him and his/her interests. "User Profiles" is assigned to a particular account. "User Profile" content is public for all UNITYSTARS visitors. Detailed regulations to create a "User’s Profile" is specified in Appendix 6 to the TERM AND CONDITIONS.
- Partner using "Partner’s Profile" in UNITYSTARS system can post information about its activity. "Partner’s Profile" is assigned to the specific account. "Partner’s Profile" content is public for all UNITYSTARS visitors and shall not encourage to buy outside UNITYSTARS system.
- Partner using the "Brand’s Profile" can post information about its brand and activities. "Brand’s Profile" is assigned to the specific account. "Brand’s Profile" content is public for all UNITYSTARS visitors and shall not encourage to buy outside UNITYSTARS system.
- GLOBALFUN may delete the "User’s Profile", "Partner’s Profile", and "Brand’s Profile" if it violates TERMS AND CONDITIONS or applicable law, affects adversely the good name of UNITYSTARS or other User or otherwise negatively influence UNITYSTARS.
- Detailed regulations for creating a User’s Profile is specified in Appendix 6 to the TERMS AND CONDITIONS.
§ 16. CREATING AND SHARING AVATARS
- UNITYSTARS Users create their Avatars.
- Users can share their Avatars with other Users.
- User is responsible for all created Avatars. User’s responsibility is to ensure compliance with the TERMS AND CONDITIONS and applicable law.
- It is forbidden to create and share Avatars which violate the rights of any third party, infringing intellectual property rights, privacy, protection of the image, moral rights or other rights of personal or property rights.
- User is obliged to provide on request of GLOBALFUN evidences that it owns all rights to the Avatars shared in UNITYSTARS, obtained consent, has acquired licenses and all the rights necessary for creating, copying, reproduction, distribution, supply, transfer and sharing of public Avatars in all countries in which Avatars are available.
§ 17. FUNCTIONALITIES AND SOCIAL CONTENT
- There are social activities in UNITYSTARS such as a Messenger, a Stream, a Stars' Clubs, a Magazine, and within User’s Profiles, Partner’s Profiles and Brand’s. Profiles.
- User is responsible for all created and shared content. User’s responsibility is to ensure that the content meets UNITYSTARS TERMS AND CONDITIONS and applicable law.
- Full responsibility for restricting access to their own content in accordance with the UNITYSTARS TERMS AND CONDITIONS and all applicable law lies with User. Responsibility for ensuring that lawful restrictions for each country in which the application is visible, lies solely with the User. GLOBALFUN reserves the right to check only on whether the content posted by Users is consistent with TERMS AND CONDITIONS and applicable law.
- It is forbidden to advertise, promote other services than UNITYSTARS and to provide search functionality in content transmitted through UNITYSTARS. It is allowed to advertise or use similar products and services available in the paid distribution of information in UNITYSTARS.
- User who organizes promotion may do it only within a specially designed promotional functionality available in UNITYSTARS.
- It is forbidden to advertise lottery online, online gambling and skill games where the real money is at stake and to share content referring or redirecting to such games.
- User is responsible for providing content of proper quality, and which is not misinforming or false and which is considered spam or negative surprise for other Users.
- User agrees not to promote or provide content that use content that violates third party rights, including references to such content or enable access to it. This applies to content that infringes intellectual property rights, privacy, protection of the image, moral rights or other rights of personal or property rights, as well as the content of misleading and false.
- User must ensure that owns all of the content posted in UNITYSTARS or has acquired all the rights necessary to copy, display, distribute, supply, transfer and share with other Users of UNITYSTARS in all countries where the content is shared.
- It is User’s sole responsibility concerning licensing obligations and to buy rights from third to content provided by in UNITYSTARS.
- User is obliged to block access to the content in the countries in which it is not entitled to make such content, or in which sharing content would be violation of the rights of third parties.
- GLOBALFUN reserves the right to require the submission of evidence that any content provided by Users are properly licensed, and the account holder is obliged to present such evidence.
- If User shares content received from a third party, is obliged to observe the following rules:
- In the U.S., the account holder is obliged to take all necessary action to meet the relevant requirements of the Safe Harbor Principles set out in the Digital Millennium Copyright Act, including the identification of the person responsible for handling reports of copyright infringement, to the introduction of off service in the event of repeated violations and the implementation of of "notice and takedown".
- In other countries, the account holder must comply with local laws regarding copyright and implement adequate procedures "notice and takedown" after receiving notification of infringement.
IV. ADDITIONAL STATEMENTS
- User’s personal information is disclosed to other Users only in the cases provided for in the TERMS AND CONDITIONS, and in other justified cases, with the prior notification or of the obligation to disclose information due to applicable law.
- User must not disclose to third parties information about other Users received from GLOBALFUN unless obtained the approval from other user. Information received from GLOBALFUN may be used only to fulfill agreement.
§ 19. CHANGES IN TERMS AND CONDITIONS
- GLOBALFUN may change the TERMS AND CONDITIONS and launch a new version of the services provided by UNITYSTARS. The amendment shall become effective on the date specified by GLOBALFUN, which may not be less than seven days since the release of the revised TERMS AND CONDITIONS of UNITYSTARS, provided that contracts started before changes of the amendments are fulfilled on the basis of existing TERMS AND CONDITIONS
- When user logs in to UNITYSTARS for the first time since new TERMS AND CONDITIONS are available, it will be notified of such changes and the possibility of their acceptance. Refusal to accept change is equivalent to the termination of the contract with GLOBALFUN with consequences set out in point 20.1.
§ 20. TERMINATION OF CONTRACT
- User may at any time terminate the agreement by filling forms available at GLOBALFUN webpage or desktop application to terminate contract and User’s account and confirm it with a password. Agreement shall be terminated upon confirmation of information, provided that:
- User must carry out the contracts made prior to termination of the agreement, on the rules applicable at the time of its conclusion.
- Remain valid provisions that by their nature apply to user after termination of agreement, like the obligation toward GLOBALFUN, settlement of mutual payments, finalization of the agreements concluded with the UNITYSTARS Users and any reparations.
- For important reasons, the agreement may be terminated by GLOBALFUN, with seven day notice period, but with subject to the rules set out in point 20.1.
- If the contract is terminated by a decision of GLOBALFUN, User may register again in the UNITYSTARS without the prior consent of GLOBALFUN.
- In case of termination of the agreement User may decide to remove personal information from a database, or leave personal information in the database to be later used for marketing purposes or to renew the agreement.
- From the date of notification of termination of an agreement and until deleting an account user may submit his resignation from the termination and resume agreement.
§ 21. WARRANTY AND COMPLAINTS
- User can make a claim if the services provided in these TERMS AND CONDITIONS are not implemented by GLOBALFUN or are not carried out in accordance with the TERMS AND CONDITIONS. User must submit claims no later than 90 days from the onset of the causes of complaint.
- A complaint may be submitted electronically using the contact form, or in writing. The complaint should contain at least the name that appears in UNITYSTARS (login) and the description of complaints
- If the data given in the complaint or information shall be completed before dealing with complaints, GLOBALFUN asks the complaining party of its complement.
- GLOBALFUN consider the complaint within 14 days from the date of receipt of the correct form, provided that GLOBALFUN may refuse to consider the complaint filed after the expiry of 90 days from exposure to the cause of the complaint.
- The answer to the complaint is sent only to the e-mail address of user account. In particularly justified cases GLOBALFUN, at the request of user, can send a reply to another, as indicated by the complaining party, which is not assigned to a user account.
§ 22. TECHNICAL REQUIREMENTS
- To use UNITYSTARS system it is required as follows:
- For desktop UNITYSTARS applications - Windows XP/Vista/7/8 in 32 or 64-bit, Unix, MacOS versions 8, 9, 10.0 - 10.9, video card min. 3D and 256MB, CPU min. Core 2, RAM min. 2GB, 5GB HD, sound card, Internet.
- www.UnityStars.com service do not collect any automated information except the information contained in cookies. Cookies are data and information and are stored on the User device when visiting UNITYSTARS service, due to cookies User has access to all of functionality of the service. Cookies typically contain the name of the site from which they come, time of expiry and a unique identifier. The owner of the UNITYSTARS is responsible for placing cookies on the user's device and having access to them. Cookies are used for:
- Optimization of the website.
- Recognition of a user’s device to match best the visual part of Internet service.
- Collecting statistics that help to understand how the user uses Internet service. That knowledge enables continuous improvement of the service.
- Logging-in to websites just once, so there is no need to logging-in to every subpage.
- Personalization of features of the website.
- Matching ads presented on the website with user’s preferences.
The UNITYSTARS service uses two basic types of cookies: "Session" and "Persistent". Session cookies are stored only temporarily during a browsing session and are deleted from the user’s device when the browser is closed. Persistent cookies are saved on your device for a fixed period of time after the browser has closed and are activated each time you visit the website where the cookie was generated.
In many cases, Internet browsers allow to storage of cookies by default in the user’s equipment, however, user can change settings. These settings can be changed by UNITYSTARS so user is notified of the transfer of the cookies or cookies can be completely block.
Detailed information about the possibilities of handling cookies can be found in the settings of your web browser. In case web browser blocks cookies, some UNITYSTARS features may not work properly.
- In case of technical problems, User should check Help site on www.UnityStars.com or contact our Customer Service (Help Desk).
§ 23. APPLICABLE LAW, DISPUTES AND LIMITATION OF LIABILITY
- The law applicable to the contracts between User, GLOBALFUN and UNITYSTARS is the law of the Republic of Poland.
- Any disputes related to the services provided by GLOBALFUN within UNITYSTARS will be settled by the Polish courts of law, but in the case User is not a consumer, will be the courts having jurisdiction over the headquarter of GLOBALFUN.
- GLOBALFUN is not liable for lost profits and consequential damages towards Users that are not consumers.
§ 24. APPENDIXES
- TERMS AND CONDITIONS contain the following annexes, which form an integral part of:
• Appendix 1: Products Prohibited and Conditionally Approved;
• Appendix 2: Technical Breaks and Failures Policy;
• Appendix 4: Teen Account;
• Appendix 5: Rules for mapping the conditions for the sale of PRODUCTS.
• Appendix 6: Rules for creating profiles for YOU.
- Sections, paragraphs and points other than those listed above are not part of the TERMS AND CONDITIONS.
§ 25. VALIDITY
If any provision of the TERMS AND CONDITIONS is found by a final decision of a court to be invalid, the remaining provisions shall remain in force.
Appendix no 1. PRODUCTS prohibited and conditionally approved.
It is forbidden to list the following PRODUCTS:
- Pornographic content, especially pornography involving persons under the age of 15 years, associated with violence or with animals;
- Images containing call for hate against national, ethnic, racial and religious differences;
- Images that contain content that violates personal rights of others;
- Counterfeit products, i.e. PRODUCTS or services that may mislead customers as to the origin, quantity, quality, composition, manufacturing technique, possible uses, repair, maintenance and other significant features of PRODUCTS or services, as well as affecting the intellectual property rights, in particular copyright and trademark registration;
- Instructions, web page links and FTP servers, in particular containing information which may allow:
- The creation or the possession of a dangerous materials, violating the law and those that are not permissible;
- Violation of applicable laws;
- Personal information or e-mail addresses.
- Following products may be listed under specific conditions:
- PRODUCTS other than clothing, footwear and accessory or virtual or digital products, if they are approved by GLOBALFUN
- PRODUCTS to which the promotion or sale requires the agreement of the owners of rights of images or intellectual property, in particular copyright and trademark registration, subject to the consent of the owners of these rights and presenting them to GLOBALFUN.
Appendix nr 2. Technical breaks and failures policy.
- GLOBALFUN makes every effort to ensure reliable and uninterrupted operation of UNITYSTARS. With such a complex system, UNITYSTARS may experience failures and faults caused by hardware problems or software. In any case GLOBALFUN tries as much as possible to reduce the negative effects of technical problems.
- Detailed information about all technical breaks, failures and error messages are displayed in the "Technical Massages” part of the service available at the Partner’s Panel and UNITYSTARS desktop application.
- To develop the service and minimize the risk of failure, it is necessary to have periodic technical breaks to introduce appropriate changes. GLOBALFUN ensures that technical breaks are not onerous for Users. To do this, as far as it is possible, we plan to do it on the night hours and inform about time and expected duration of the interruption at least several hours in advance. Notifications of planned breaks are done by news channel in the Communicator and US Magazine in UNITYSTARS desktop application.
- The technical failure is considered a situation in which the vast majority or all Users lose the ability to use the basic functions of selling and buying.
- The technical error is any technical problem associated with functioning of UNITYSTARS other than that indicated in the point 4 of the Appendix.
- GLOBALFUN pays special attention to protect Users privacy. GLOBALFUN with proper care select and apply technical and organizational measures to protect the processed data. In particular GLOBALFUN protects data against unauthorized disclosure. GLOBALFUN permanently controls processing and restrict access to the data as far as possible, by providing appropriate authority only when it is necessary for the proper functioning of the service.
- UNITYSTARS Users’ database set submitted to the General Inspector General for Personal Data Protection and is registered in a National Register of Personal Database at number 129473. The administrator of database is GLOBALFUN.
- The basis for the processing of personal data is the consent of Users, as well as statutory authorization to process the data necessary to implement and settlement services provided by GLOBALFUN within UNITYSTARS.
- Providing any personal information is voluntary. Providing the data listed in points 2.2. and 2.3. of TERMS AND CONDITIONS are necessary for the conclusion of contract with GLOBALFUN to use UNITYSTARS service. User has the right to access their personal information and update them.
- Information provided by User during registration is used for accounting purposes, to contact with User by UNITYSTARS service and other activities related to the contract. These information can be used to verify whether the registering person meets requirements stated in TERMS AND CONDITIONS. Contact details are also used to send User through the GLOBALFUN information about the company and services provided by it. User may at any time opt out of receiving such information.
- Information provided by the User during the registration shall be available to the other side of the agreement concluded by the User.
- In addition, occasionally, with help of questionnaires sent via e-mail or made available directly on the UNITYSTARS web page, GLOBALFUN collects Users’ demographic information (such as education, income, interests). These data are used to study user preferences and customization service offers to Users’ expectations, as well as used for statistical analysis and create a collective image of the UNITYSTARS Users for marketing purposes for GLOBALFUN partners. Disclosure of this information is always voluntary, and User may at any time opt out of receiving questionnaires.
- Occasionally the UNITYSTARS web page organize contests. Users’ contact details which take part in the contest are used for the efficient organizing of games, for example, to notify the winner. In addition, the Users’ contact details are used to promote the products. User may at any time opt out of receiving information about promotions.
- Users’ information may be made available to those entitled to receive them under applicable law, including the relevant judicial authorities. Users’ personal information may be disclosed to third parties in cases suggested by GLOBALFUN and with the Users’ content.
- GLOBALFUN gives Users an ability to view and modify information based on regulation set out in point 2.6. GLOBALFUN allows Users to delete information from the database in the event of termination referred to in point 20.1 and in other cases due to current legislation. GLOBALFUN may refuse to delete user information if User has not settled all claims against GLOBALFUN or his current behavior on UNITYSTARS violated TERMS AND CONDITIONS or applicable law, and the preservation of information is needed to clarify the circumstances and determine the liability of User.
- GLOBALFUN uses IP addresses collected during Internet connections for technical purposes as like server administration. In addition, the IP addresses are used to collect general statistical and demographic information
- GLOBALFUN uses "cookies". Information collected using "cookies" may be used to customize services and content to the individual needs and preferences, as well as used to generate general statistics regarding use of the UNITYSTARS. Disabling option to collect "cookies" does not stop the use of UNITYSTARS, but may cause some inconvenience.
Appendix no 4. Teen account.
- People who are under 18 years of age, may be Users of UNITYSTARS and have BASIC ACCOUNT BASIC with possibility to use features of the service with the exception of functions related to the purchase of PRODUCTS.
- Minors who are at least 13 years of age and under 18 years of age may convert BASIC ACCOUNT into TEEN ACCOUNT to allow purchasing of PRODUCTS in the UNITYSTARS service.
- To activate TEEN ACCOUNT a minor declares using UNITYSTARS system with consent of her/his guardian and provides: address and contact telephone number. TEEN ACCOUNT User or persons who are guardians are fully responsible for the actions within TEEN ACCOUNT, in particular are fully responsible for damages towards GLOBALFUN and third parties.
- TEEN ACCOUNT User may not have your Partner’s Account
- TEEN ACCOUNT User may not search for or buy PRODUCTS of a sexual nature such as clothing of this nature or virtual digital products.
- Each time when User turns 18 years, TEEN ACCOUNT restrictions are automatically removed.
- TEEN ACCOUNT User may in order make a purchase for an amount of up to $ 200 maximum.
Appendix no 5. Description of PRODUCTS.
- In order to create a complete description of listed PRODUCTS, Seller fill in form available in Products tab at Partner’s. Information should contain at least: name of product, assortment category, description, price, terms of payment and delivery.
- Description of clothing PRODUCTS must contain all of the essential features such as size, color, type of textile, at least one photo and a 3D model of the product.
- Relevant content of description shall be presented in English or Polish or English and Polish. The content should be provided in text form.
- It is prohibited to present description that infringes the law or TERMS AND CONDITIONS. Notwithstanding the foregoing description of the product may not contain:
- Advertising and other forms of promotion of products and services offered outside the UNITYSTARS;
- Content which mislead UNITYSTARS User;
- Names and/or addresses of UNITYSTARS competitors web pages;
- Information about the organization of competitions and promotions, in which the winner is determined by lot or by purchasing of an appropriate value;
- Words or phrases that violate social norms, are drastic or of an erotic suggestions;
- Suggestions for the use of the PRODUCTS illegally or unethically;
- Any of the encouragements for the purchase of PRODUCTS outside UNITYSTARS;
- Communications not directly related to the sale of PRODUCTS.
- Each listed product must be assigned to the appropriate category of the product, e.g. shoes belongs to category "Shoes".
- User may not displayed any web page addresses other than UNITYSTARS or any links to those web pages in description of products.
- It is allowed to present web pages addresses officially cooperating with UNITYSTARS and references (links) to these pages.
- It is available for a Seller any paid options for specific presentation and promotion of PRODUCTS at UNITYSTARS.
- It is allowed to provide discount or offer free products, if the person receiving a discount or a free product is recruited by a lottery.
- Details of product description may not infringe rights of third parties, including copyrights. Use of images and text from other people require their consent. It is forbidden to use logos or other graphic elements if Partner has no right to it.
- Seller must always list full prices with VAT value.
Appendix no 6. Creating users’ profiles
- Information contained in User Profile, Partner’s Profile and Brand’ Profile shall not violate any applicable law or TERMS AND CONDITIONS.
- It is not allowed to post any web page addresses of online stores, other web services and any references (links) that compete with UNITYSTARS. The prohibition referred to in the above sentence is not applicable to web addresses integrated with UNITYSTARS services.
- Profile content may not encourage to shop outside UNITYSTARS. Furthermore it may not contain advertising (eg proposals to buy or exchange items), and any other forms of promotion of PRODUCTS and services which are not offered in UNITYSTARS.
- It is not allowed to publish information about the previous transactions with other Users.
- It is not allowed to display images containing pornography, especially pornography involving persons under the age of 15 years, associated with violence or with animals.
- It is not allowed to display content with call for hate against national, ethnic, racial and religious differences.
- It is not allowed to display content that violates personal rights of others.
- It is not allowed to display content regarding counterfeit products, i.e. PRODUCTS promoted in a way that may make Buyers confusion as to the origin, quantity, quality, composition, manufacturing, utility, usability, maintenance and other significant features of PRODUCTS and infringing intellectual property rights, in particular copyright and trademark registration.
- It is not allowed to display any web page addresses (links) and links to FTP servers, especially containing information which may allow:
- Creation or the possession of a dangerous, violating the law material and those that are not permissible.
- Violation of applicable laws.
Appendix no 7. Fees and commissions
Part I. General provisions
- GLOBALFUN charges fees and commissions for organization of the transaction provided through UNITYSTARS:
- Sales commissions,
- Fees for additional options to advertise PRODUCTS,
- Fees for PREMIUM ACCOUNT
- GLOBALFUN may charge fees for other services provided by the UNITYSTARS.
- All fees in this appendix include of VAT value.
- If the amount of the fee or commission is determined as a percentage of the amount (eg, selling price), as the basis for determining the fee or commission is assumed to be with VAT value. The commissions are rounded up to the nearest cent/grosz.
- It is unacceptable to direct debiting the Buyer by the Seller with transaction costs (particularly charges for sales commissions, options, payment processing and shipping).
Part II. Sales commissions
- Sales commission is calculated at the end of transaction.
- Amount of sales commission depends on the price that buyer should pay for the PRODUCTS (not including the cost of delivery of the PRODUCTS).
- The final amount of sales commissions when transaction includes more than one product is calculated as multiplying of sales commission of one product and number of items sold in on transaction.
- Sales commission is as follows:
|TYPE OF PRODUCTS
||5% of price
|Virtual Digital Product
||30% of price
Part III. Fees for additional promoting options
- User may promote with additional options products in UNITYSTARS, as well as during transaction.
- The fee for each additional option is calculated at the time of its use.
- Fees charged for additional options are described in Part I.
- In case of termination of additional options on time as described in § 20 of the TERMS AND CONDITIONS, fees options (depending on options) shall be reimbursed at cost lessen by amount proportionate to the use of options, or the time the option was used in UNITYSTARS.
- The fees for additional options are:
A. Basic options
|Listing in promotional module
B. Advanced sales statistics
- The use of Advanced Sales Statistics options is charged in the form of a 30-day subscription.
- Subscription for the first 30 days of using Advanced Sales Statistics is 2,00 zł. Subscription for each additional 30 days of using the Sales Manager is 10.00 zł.
Part IV. Fees for Premium Account
- Natural person User holding REGULAR ACCOUNT can take AN advantage of additional functionality in paid subscription of PREMIUM ACCOUNT.
- PREMIUM ACCOUNT fees are calculated at the time of its purchase.
- PREMIUM ACCOUNT fees are collected on general principles, as described in Part I of this appendix.
- PREMIUM ACCOUNT fees are not refundable.
- The fee for PREMIUM ACCOUNT is as follows:
|30 days subscription
|90 days subscription
|180 days subscription
|360 days subscription
Part V. Settlements
A. Settlement of receivables
- For each User settlements are made separately for each account.
- Management of settlements is done after login.
- Each user has access to the account balance (fees, sales commissions and reimbursement).
- User is required to pay GLOBALFUN at the end of the reporting period to the 14th day of the following month. That does not apply to point 5 below.
- Users receiving VAT invoices are required to pay the amount shown in the invoice, regardless of its amount. At the end of the month User receives an invoice in electronic form and e-mail information about the amount due to be paid.
- Failure to pay debts when due may result in the partial or total removal of the functionality of the User account. In this case, the condition to restore full functionality of accounts is to pay all amounts owed to GLOBALFUN, even if the term of payment has not yet passed.
- Fees for GLOBALFUN are made on individual bank account assigned to User account. Payment details are available for registered Users.
- In case of overpayment on the account, User may at any time request a refund of the overpayment, using the appropriate form, provided that the additional payments on the account in the first place will be counted towards the current fees and charges and any other debt on the User accounts.
- Overpayment will be refunded by bank transfer to the user-specified bank account.
- Where a refund of overpayments is combined with an correction invoice for User, it is necessary to send correction invoice copy to GLOBALFUN headquarter with confirmation of its receiving.
C. Changes in fees and commissions.
- GLOBALFUN reserves the right to change the amount of fees and commissions. These changes are subject to changing procedures applicable to amend the TERMS AND CONDITIONS.
- GLOBALFUN reserves the right to periodically reduce the fees and commissions in the time-limited promotion – on conditions presented separately for such action.
D. Vat invoices.
- Users who are VAT payers in order to receive the invoice for services provided electronically by GLOBALFUN should complete the appropriate form. Information featured in invoices must be consistent with information featured in the account settings. Invoices for following months will be issued automatically without having to repeat the acts referred to in the preceding sentences - up to an opt out of receiving invoices.
- User who are VAT value payer must provide evidence of registering it as a VAT payer. Documents confirming the registration of the VAT payer and the information featured in the form are verified by GLOBALFUN.
- Invoices for the month are issued on the last day of the month and include charges incurred that month (look also point 4 below).
- Request of an invoice for the month may not be submitted later than the 7th day of the following month.
- User is responsible for updating the invoice information immediately after each change. For invoice updates (except for contact details) changes are possible only in the case of transformation of the company or any other form of legal succession. The change occurs after verification of documents confirming the legal succession.
Part VI. Procedures of repayment of sales commissions
- In some cases Seller may receive repayment of sales commission or UNITYSTARS may refrain from charging the commission already charged.
- In order to receive repayment Seller should fill out a form available on the UNITYSTARS web page, within 30 days after the completion of the transaction (subject to point 3 below).
- In justified cases GLOBALFUN may consider repayment of sales commissions after the date referred to in point 2 above, but not later than within 90 days from the time of completion of the transaction.