Terms & Conditions for Publishers

 

  1. General provisions
    1. These Terms and Conditions define the principles for rendering of electronic services via the Website, located at www.whitepress.net (hereinafter: "Website"), for end users of the Internet network, visiting the Website, who will complete all legal and factual actions provided for in the Terms and Conditions (hereinafter "Users").

    2. The Service is provided by WhitePress s.r.o. with registered office in Košice 040 01 Slovensko, at Mlynská 27 street, registered under number IČO: 52416160 (hereinafter referred to as "Service Provider").

    3. The Service related to the provision of the Service shall be provided at the moment of obtaining access to the Service or selected functionalities.

    4. The conclusion of the contract for the provision of the Services, referred to in point 1.3, takes place upon the User's acceptance of the Terms and Conditions. The scope and manner of using the above-mentioned Services are specified by the Service Provider in the Terms and Conditions and documents referred to in the Terms and Conditions.

    5. The availability of the functions of the Service chosen by the Service Provider is chargeable. The scope of these Services and the fee are determined by the provisions of the documents available on the Website which refer to a given, specific Service. A contract for the provision of paid services is concluded at the moment indicated by the provisions of the Regulations relating to a given Service, and it is an agreement concluded on condition precedent to the payment of remuneration by the Advertiser. The scope and manner of using paid services are specified by the Service Provider in the content of the Regulations and in the documents referred to in the Regulations.

    6. Before the conclusion of the contract as part of the Website's functionality, the Parties are obliged to confirm the correctness of the order and the statement of acceptance of the order.

    7. If the Party before concluding the contract confirms to the other Party receipt of the offer, which may also take place automatically through the Website's functionality, such confirmation does not result in the conclusion of the contract, the offer only binds the bidder.

    8. The conclusion of the contract and its terms shall be recorded by e-mail sent to the Parties as part of the Website's functionality.

    9. The contract can be concluded in English only.

    10. None of the agreements provided for in the Terms of Use may be concluded in an implicit manner.

    11. Paid services provided consist of:

      • mediating between Publishers and Advertisers in the publication of paid (sponsored) articles;

      • mediating between Journalists and Publishers in the development of Content at the request of the Publisher;

        Mediation, in accordance with the provisions of the Terms and Conditions, applicable to the Services, may consist in acting on behalf of and for the benefit of the Website, or on behalf of the Service Provider, but for the benefit of the User.

    12. The Publisher publishes on the Website a list of its web portals or blogs (hereinafter referred to as "Portals"), to which the mediation referred to in point 1.12 applies. For each Portal, the Publisher provides information about its address, subject, description, popularity and other data important for Advertisers. In addition, the Publisher who is not an active VAT taxpayer should indicate these circumstances in the description of the Portal or as part of the registration process, if the registration procedure on the Website (point 3.2) will provide such an option.

    13. Working days within the meaning of the Terms and Conditions are considered to be any day other than Saturday, Sunday and another day off from work . If the Terms and Conditions refer to "days" it should be understood as calendar days.

    14. An integral part of the Terms and Conditions are provisions of other documents available on the Website, to which these Terms and Conditions refer. If the provisions of these documents are contrary to the content of the Terms and Conditions, the Publisher is bound by the provisions of the Terms and Conditions.

    15. In case of intention to make an owner change (on the basis of a sales contract or other) regarding the Portal, where the article is published, the Publisher is obliged to cause the purchaser to continue using the shared space of the Portal for a previously agreed period, under pain of compensation liability for Service Providers, including those related to claims of the Advertisers addressed directly to the Service Provider.

  2. Service and use of the service
    1. The service provided in particular consists in the intermediation between the Publisher and the Advertisers in providing access to the Portals and publishing sponsored articles on them (hereinafter: "Service"). The Service is also other services to which the Terms and Conditions apply.

    2. The Publisher means the User of the system, placed by the Service Provider in the Publishers' database, which provides the space of his Portals for the purpose of publishing the shared articles as part of business or professional activities.

    3. In the event that the Publisher is a consumer, then the contract with the Publisher is concluded on terms and conditions set individually, with the proviso that the provisions of the Terms and Conditions apply in the price range and the rest of the scope, which will be agreed individually with the Publisher - consumer.

    4. The publisher must have full rights to dispose and administer the Portals, including their content. If these rights are of a relative nature, i.e. based on contracts of a mandatory (non-in-kind) nature, then the Publisher is obliged to inform the Service Provider and provide appropriate authorizations from the owner of the Portal, which does not prejudice the owner's right to engage in direct cooperation with the Service Provider as a Publisher.

    5. The Advertiser means the Website User who submits articles supplemented with other types of content (e.g. info graphics, photos) for publication on the Portal's space provided by the Publisher.

    6. The Service Provider may provide additional services and extensions.

    7. The correct use of the service is possible using a PC, Mac or similarly connected to the Internet, equipped with an operating system (Windows, Mac OS, Linux or similar) and a web browser (Internet Explorer, Firefox, Chrome, Opera, Safari). Some services and tools may require access to an e-mail account, and the use of posted services may require Adobe Flash Player version 9 or later and must support JavaScript unless otherwise stated.

    8. While using the Services, cookies are installed in the User's computer system. The rules for the use of cookies are set out in the PRIVACY POLICY.

    9. If, as agreed with the Service Provider, the Publisher uses a tracking code developed by the Service Provider, the Publisher declares that, with respect to each Portal that participates in the Service, it has the consent of subscribers or end users required by law to install codes, store information or access information already stored in the telecommunications terminal equipment, as well as the use of this information in accordance with the rules described in the PRIVACY POLICY.

    10. The detailed rules of settlements for the Services, including the Publishers' remuneration rates, are determined by individual documents placed within the Website, in sections relevant to the given Service.

    11. Publishers for the Services they provide are obliged to settle their tax liabilities (or other public-law obligations) related to the rendering of Services and revenues based on the Services at their own costs and expense.

    12. If, as a result of the interpretation of the law, the Service Provider is a payer of income tax (other public-law receivables) due to the services rendered by the Publisher, this fact will not increase the remuneration due to the Publisher, which means that the remuneration defined in the relevant parts of the Website is gross remuneration, unless VAT tax will apply. In addition, in such a case, the Publisher will be obliged to provide the Service Provider with all the information necessary to determine the amount of tax (advance tax).

    13. Payments to the Publisher and Service Provider are made by bank transfer to the bank account indicated by the Publisher and the Service Provider in the invoice. The day of payment is the day of debiting the bank account, respectively of the Service Provider or the Publisher, with the full amount of the settlement.

    14. The prices of Services provided to the Publisher are determined by the Service Provider on the Website and may change periodically, however, for purposes of billing (contract) between the Publisher and the Service Provider, prices from the time the Publisher places an order for the Service are binding.

    15. The Service Provider and the Publisher authorize each other to use invoices in electronic form. If the Publisher is not obliged to issue a VAT invoice, the invoices are based on bills to which the provisions of the Terms and Conditions on VAT invoices apply.

    16. If the Service Provider acts as an intermediary in the rendering of Services, including between the Advertiser and the Publisher, the Service Provider is only entitled to conduct settlements for Services rendered on the basis of the Terms and Conditions, which in particular means that the Publisher cannot independently make any settlements with the Advertiser or other Website User from these titles.

    17. The Publisher is obliged to pay all payments which, according to the law, are due to the creators or organizations that represent them, but only if it is required by law and this payment cannot be made by the Advertiser.

    18. The prices indicated on the Website are net prices and are increased by VAT, if it is due for a given Service or applies to the User providing the Service.

  3. Registration in the Service
    1. The Website User may be the person indicated in point 2.2, which, after accepting the provisions of the Terms and Conditions, will complete the registration procedure on the Website concluded with an effective account creation.

    2. The registration procedure consists in completing, in accordance with the instructions, the electronic registration form and acceptance of the Terms and Conditions as well as the checking of consents (checkbox) in the matter indicated by the Service Provider. With the acceptance of these Terms and Conditions by the Publisher, the Publisher agrees with the Service Provider on the terms of using the Website (its availability).

    3. As a result of the registration an account is assigned to the Publisher. The Publisher may have only one account on the Website. The final decision on registration is taken by the Service Provider who can refuse it when the Publisher or his Portal does not meet the requirements set out in the Terms and Conditions.

    4. The Account may be removed or suspended by the Service Provider without any notice, if the Service Provider determines that the Publisher:

      • violates the provisions of the Terms and Conditions, including legal provisions referred to in the Terms and Conditions;

      • does not perform its duties properly;

      • data provided by him/her are untrue or incomplete, including in particular information regarding Portals;

      • has not logged in to the Website for a period of 12 months from the last login; if the break lasts longer than 3 months, the account may be suspended.

    5. An account may also be deleted if the Portal (all Publisher Portals) does not meet the requirements set out in the Terms and Conditions.

    6. Providing contact details, such as an e-mail address or phone number, as part of registration, entitles the Service Provider to send commercial messages to the User.

    7. Assigning a new account to the Publisher, whose account has been canceled or, in the case of blocking, its unblocking, requires removing the violations referred to in point 3.4. and the consent of the Service Provider, who is not obliged to provide it.

  4. The detailed terms of rendering the Service
    1. The website gathers the database of Publishers, Advertisers, Influencers and Journalists. The database is verified on an ongoing basis and its change is not considered as a change to the Terms and Conditions.

    2. The Publisher declares that he is entitled to provide access to the Portals space for publishing articles added on the Website, and that the information provided about his websites is true. In particular, the Publisher declares that the provision of Portals space and the publication of articles on the Portal as well as information about its websites does not violate any rights of third parties, that it has all the permits and consents required for such publications, such as those related to the processing of personal data or installation of cookies. The Publisher also declares that in the event of any claims related to the provision of the Portal space with a publication to the Service Provider, the Publisher will reimburse the Service Provider for all costs and expenses related thereto.

    3. The publisher is obliged to take care of the proper quality of the Portal, in particular in terms of its technical aspects, appearance and content. The basic quality requirements in this respect are set by on the Website https://www.whitepress.net/knowledge-base/357/publisher-requirements-august-2020.

    4. In order to fulfill the obligations provided for by law, the Publisher undertakes to collect, through his Portal, the consent for:

      • installation on the visitor’s device of the Service Provider's cookies for the purposes of personal data processing, including traffic analysis and website visit statistics, resulting from GDPR.,

      • installation on the visitor’s device of the Service Provider's cookies.

    5. The Publisher undertakes to archive the consents in a way that enables identification of the person who gave the consent and provided them at every request of the Service Provider.

    6. When collecting the above mentioned consents the Publisher undertakes to enable the Service Provider to fulfill the obligations resulting from the regulation of GDPR, by placing a hyperlink to the WhitePress privacy policy.

    7. The Publisher acknowledges and accepts that:

      • the requirements described in point 4.3. above are of a basic nature, therefore it is not a closed list of conditions imposed on the Portal;

      • it is the Service Provider who decides independently whether the Publisher Portal meets the requirements, and in this respect is guided by the well-understood interest of the Advertisers as the final principals and beneficiaries of the Service.

    8. The Publisher declares that within the scope of content independently published on the shared space of the Portal, ie not in the performance of the contract concluded by the Publisher with the Service Provider:

      • will have, to the extent necessary, proprietary copyrights and related rights or licenses for these materials;

      • their use for the purposes of the contract will not infringe on the author's personal rights;

      • will have all permits to disseminate the image of the people indicated in these materials;

      • their use will not infringe the industrial property rights of a third party, and in particular will not breach any protection rights to trademarks or reputable trademarks;

      • their publication will not constitute an act of unfair competition;

      • their publication does not violate the law, good manners, rules of social coexistence or legitimate interests of third parties.

    9. he Service Provider shall be entitled to remove a given Publisher Portal from the Website in the event that the Publisher, as part of the information about the Portal or in the scope of its contents violates the provisions of the Terms and Conditions, in particular in the situations referred to in point. 4.3.

  5. Sponsored (paid) articles 
    1. Sponsored articles (hereinafter referred to as "Sponsored Articles" or "Paid Articles") are texts (including attached media) that advertise the product, company or service of Advertisers or other informational texts. By submitting a paid article for publication, the Advertiser specifies whether it is a unique content, i.e. not published previously on the Internet, or is it content previously published on the Internet. This type of designation should be placed in an unequivocal manner and will be visible on the Website for both the Service Provider and the Publisher.

    2. As part of the Service, it is also possible to prepare a Paid Article by the Publisher. In this case, the rules for preparing such material are determined by the arrangements between the Publisher and the Service Provider, however, the Advertiser does not acquire any rights to the content or form of a Paid Article prepared by the Publisher, while the terms of providing the Portal space and publication are set out in the Terms and Conditions. The article prepared by the Publisher or its publication must not violate the law, including proprietary rights of third parties, industrial property rights, can not violate good manners, rules of social coexistence, legitimate interests of third parties, and can not constitute an act of unfair competition.

    3. The Publisher using the Website determines:

      • technical requirements for published sponsored articles on its websites;

      • the amount of net remuneration the Publisher receives from the Service Provider for publishing each article;

      • whether the amount of remuneration depends on additional parameters determined by the Publisher (eg providing information on the Facebook profile);

      • examples of reasons why he may refuse the publication of the sponsored article.

    4. The Service Provider, using the Website, is looking for Advertisers interested in providing access to the Portals space and publication of sponsored articles on them, on the Publisher's website, whereby the Service Provider does not make any promises in this regard as to the Advertiser and turnover generated on such Service.

    5. By using the Website, the Service Provider orders, on behalf of the Advertiser, access to the Publisher Portal’s space for the purpose of publishing articles, while the following conditions must first be met:

      • the content of the article is ready and available on the Website for review by the Publisher (including attachments, structure, layout of links);

      • the content of the article must be marked by the Advertiser in determining whether it is a unique content or not.

    6. The Service Provider declares that according to the provisions of the MARKETER'S TERMS AND CONDITIONS, the Advertiser ensures that the paid article delivered for publication is in accordance with the law, in terms of its content, admissibility of publication and that the article will have the rights to the content and other forms of communication used ( pictures, graphics, etc.). The Service Provider is not obliged to verify whether the paid articles delivered (and the results of their subsequent publication) do not violate the law, in terms of its content, admissibility of publication and possession of the rights to the content and other forms of communication (photos, graphics, etc.). The Service Provider shall not be liable for any infringement of rights caused by Paid Articles.

    7. The Publisher receives information about the order by email no later than one business day after the Service Provider receives this information from the Advertiser. The conclusion of the agreement regarding the provision of Portal space for the publication of a Paid Article takes place at the time the Advertiser's order is accepted by the Publisher, ie at the time of downloading the content of the article and marking the publication by the Publisher (point 5.9). In such a case, the Publisher undertakes to publish the article in the form and content made available by the Website up to 3 working days from the date of acceptance. In specific cases, this term may be different, if it is clearly marked on the Website and the Publisher's offer.

    8. In the case of atypical guidelines regarding the moment of access to the Portal's space and publication, the occurrence of reasons for the Publisher's rejection of the article or other unusual wishes on the part of the Advertiser, the Publisher has the right not to publish a sponsored article.

    9. In connection with the providing of the Portal space and the publication of the Paid Article, the Publisher, not later than within 24 hours, shall indicate in the Service system that the space of the Portal has been made available and the specified publication has been performed. The "indication" in the above sense is understood as the fact that the Publisher provided the Internet address of the Portal made available. The indication has the effect that it causes an automatic notification - by email - of the Advertiser on the publication of the Paid Article.

    10. After publishing the article and indicating this fact on the Website, the Advertiser verifies the fact of making the Portal available and the correctness of the publication, and the Service Provider also has such a right, but not an obligation. The verification consists in checking the compliance of the access to the Portal and publishing the Paid Article with the contract concluded in this respect. The verification must take place no later than 2 business days from the Publisher's indication of publication. If, in accordance with the Publisher's offer accepted by the Advertiser, the Publisher prepares a Paid Article, the Advertiser will accept its content within 2 business days of submitting the Paid Article by the Publisher - in this respect, the provisions of clause 7.12 of the Terms and Conditions shall apply accordingly. If the Advertiser does not verify the publication of the article within 2 working days from the indication of the fact of publication by the Publisher, it is considered that the Paid Article has been published correctly.

    11. In the absence of access to the Portal space, a publication of a Paid Article by the Publisher in a manner inconsistent with the contract or delay in providing the Portal space and publication, the Service Provider together with the Advertiser decides whether:

      • The Publisher corrects the content of the publication - then the Service Provider and the Advertiser specify the date and scope of the changes;

      • The advertiser withdraws from the contract in whole or in part 

    12. In the event of proper provision of access to the Portal's space and publication, the Publisher issues to the Service Provider a VAT invoice for the amount specified previously on the Website by the Publisher, in accordance with the provisions of point 5.3 b) and c). The Publisher may, at his own discretion, also issue a consolidated invoice covering all available Portals spaces and publications for the selected period.

    13. The Service Provider undertakes to pay the VAT invoice at the latest on the next business day after receiving the correctly issued invoice.

    14. The Publisher undertakes to keep the publication of the article for at least one year from the date of publication in the unchanged content unless otherwise stated upon determining the type of Service.

    15. The Service Provider may request in the electronic form to remove an article from the Publisher's website without giving a reason. In this case, the Publisher undertakes to delete the article up to 3 business days after receiving the information.

    16. In the event of an unrequested deletion of an article or change of its content within one year from the date of publication, the Publisher shall be liable. This applies in particular to:

      • deliberate removal of the article by the Publisher or change of its content (removal of links);

      • permanent lack of access to the Publisher's site resulting from his fault;

      • the sale of rights to the Portal and discontinuation of further publication by the buyer (point 1.16)

    17. The period of providing access to the Portal and publishing the Paid Article may be shortened, without the right to report any claims to the Publisher, including refunds or compensation, if:

      • the publication has been removed because it violated the law or there was a reasonable suspicion that it violates the law;

      • the publication was removed because it violated the rights of third parties or there was a reasonable suspicion that it violates the rights of third parties;

      • the publication has been removed at the request of the Advertiser;

      • the Advertiser acts consciously to the disadvantage of the Publisher, e.g. by unnatural linking of the article;

      • the Advertiser has breached the provisions of the Terms and Conditions which relate to his obligations after the date of publication;

      • it is a consequence of force majeure;

      • the Publisher has finished the operation of the Portal and does not continue this activity on another Portal.

    18. In the case of violation of the rules of access to the Portal and publications, including in the case referred to in point 5.11 or 5.16, if the Advertiser directs its claims to the Service Provider, the Service Provider (or Advertiser - when the Service Provider transfers to the Advertiser its recourse claims to the Publisher, to which the Publisher agrees) may submit against the Publisher appropriate claims, which, however, may not exceed the amount of remuneration set for the given access to the Portal space and publication, except in cases of intentional fault.

    19. In the event that there are grounds for refunding the remuneration by the Publisher, including the withdrawal referred to in point 5.11, and the Service Provider does not receive a refund from the Publisher within 14 days, the Advertiser will be entitled to claim reimbursement of the Portal's space and publication directly from the Publisher, the Service Provider will provide him with the address and contact details of the Publisher, to which the Publisher agrees, including the assignment of the Service Provider's rights to the Advertiser.

    20. The Publisher has the right to change the URL address of the shared space of the Portal with the Paid Article during the publication period referred to in point 5.14. In the case of a change of address or domain, it must be done with a 301 redirect. Such a change will not be considered a violation of the access to the Portal and the publication of a Paid Article.

    21. If the Publisher has received a manual filter "Unnatural links from your site" or similar (from Google) concerning the portal on which the publication took place, the Publisher may change the link attribute in the article to nofollow. Such action will not be considered a breach of the contract contained in the scope of the publication.

    22. The Publisher undertakes not to contact the Advertiser excluding the Service Provider regarding access to the Portal and publishing Paid Articles, which are to be or have been published through the Website. This does not apply to cases expressly permitted by the Terms and Conditions.

  6. Expert guests articles
    1. Not available on the FI market

  7. Development of articles and infographics
    1. The Publisher may order, through the Service Provider, preparation of paid articles or expert articles for his own needs. The Publisher can also order through the Service Provider to prepare an article or infographics for other purposes than publication.

    2. In case of ordering an article or infographics (hereinafter referred to as "Content") by the Publisher:

      • The Publisher specifies the type of Content to be ordered and provides any additional information and comments;

      • The Publisher bears the cost of remuneration for preparing the Content in accordance with the current price list available on the Website as part of this service.

    3. The Publisher may order the development of content being articles under one of the packages described on the Website. The deadline for the implementation of such a service, depending on the ordered package, is defined by the Website.

    4. The Publisher may also order the development of content which are presented as infographics based on the data provided by them, or order the development of data and infographics, which relates to these data, within one of the packages described on the Website. The deadline for the implementation of such a service, depending on the ordered package, is defined by the Website.

    5. The Publisher assures that the data and other elements provided under the order will be in accordance with the law, in terms of its content, the admissibility of publication and that he or she will have the rights to the content and other forms of communication used (photos, graphics, etc.).

    6. The Service Provider is not obliged to verify whether the data provided by the Publisher or other elements do not violate the law, in terms of its content, the admissibility of publication and the possession of rights to them.

    7. After placing the order by the Publisher, the Service Provider places an order with the Journalist no later than within 1 business day.

    8. The price of the service consisting in the preparation of content is determined by the Service section appropriate for this service. The Website may additionally specify additional services provided by the Service Provider without separate remuneration, which may be associated with the order periodically, which in particular applies to elements such as stock photographs.

    9. Placing an order by the Publisher means accepting the conditions for the preparation of content, which are provided for in the Terms and Conditions, is also the basis for collecting the payment of remuneration by the Service Provider.

    10. The contract for the preparation of content shall be deemed concluded at the moment of receiving the Publisher's order by the Journalist, of which the Publisher shall be notified via the Website's functionality. The Journalist is not obliged to accept the order.

    11. The Journalist prepares the Content within the time specified on the Website. In the case of difficult subject matter or a large number of orders, the term of the Service may be extended, of which the Service immediately notifies the Publisher indicating the date of extension, which may not be longer than the next 3 business days.

    12. After preparing the content, the Website makes them available to the Publisher and he or she has the right to submit comments to them or accept them. In the absence of verification by the Publisher within 3 business days of their receipt, it is considered that the Content has been prepared in accordance with the order. Any subsequent changes requested by the Publisher may be treated as a form of amending the contract for the preparation of content and require acceptance, which in particular means that it may be related to the additional costs of the Publisher.

    13. In the case of preparing the Content in a manner inconsistent with the contract or not on time, which has been notified in the mode of point 7.12 of the Terms and Conditions, and excluding the case referred to in the last sentence of point 7.12, the Service Provider together with the Publisher decides whether:

      • The Journalist corrects the content - then the Service Provider and the Publisher specify the date, but not shorter than 2 business days, and the scope of the changes. If the Journalist refuses to accept the amendments, which he is entitled to, then the right of withdrawal referred to in point b) below will apply;

      • the Publisher withdraws from the contract in whole or in part  - then the remuneration paid by the Publisher is subject to reimbursement adequate to the scope of withdrawal.

    14. The Publisher has no right to impose guidelines regarding the length and type of content beyond those which were standardized by the type of content in the Service offered at the time of the order. These circumstances can not constitute grounds for complaints referred to in point 7.13 of the Terms and Conditions.

    15. If due to non-compliance of the Service with the contract, one of the circumstances referred to in point 7.13 of the Terms and Conditions takes place, claims in this respect may not exceed the amount of remuneration set for preparing the content.

    16. In special situations, the Service Provider reserves the right to additional charges for non-standard activities, even if they were not provided for in the Website or the content preparation contract if they result from the fault of the Publisher or were carried out at the request of the Publisher.

    17. Upon accepting the Content, as part of the remuneration for its preparation, the Service Provider grants the Publisher an unlimited license in time and territory for content in the following fields of use:

      • recording and reproduction using any technique, including printing, reprographic on digital, magnetic, optical and electronic media, including recording in the form of an electronic book (e-book) and a spoken book (audiobook), in an unlimited number of copies, editions and reprints, both alone and in combination with other works or materials that do not fulfil the characteristics of the work;

      • publishing and distribution of copies or other media in any distribution channels without any quantitative, material and territorial restrictions, or due to the public, in all available distribution channels, in particular through a retail, kiosk, mail order, chain stores, clubs books, cross-selling, direct marketing, mail order, door to door, inserts with the press, via the Internet and sales of business to business (delivery to order companies), as well as through free distribution;

      • lending, leasing or renting of copies;

      • inserting into the computer's memory and storing in the computer's memory; public sharing via IT and teleinformation networks, in particular in the form of an electronic book and a spoken book, and in such a way that everyone can have access to it in a place and time chosen by them,

      • broadcast and reemit through a wired or wireless vision or satellite;

      • public performance, display, display and reproduction;

      • use in all forms of advertising;

    18. Upon granting of the license, the Service Provider agrees to use the Content and its administration regarding the fields of exploitation referred to in point 7.17 of the Terms and Conditions.

    19. The Service Provider also declares that he obtained the assurance of the creator of the Content that, upon the transfer of copyright, the creator will not exercise his personal rights, in particular, the author has allowed the use of the content without indicating the authorship.

    20. In the event of an infringement of the copyright granted to the Publisher, the Service Provider will be liable to the maximum amount equal to the remuneration for preparing the content.

  8. Content promotion service via the ContentStream network
                Not available on the FI market
     
  9. Modification of published articles
    1. Through the Website, the Advertiser has the opportunity to request changes to the articles published by the Website, i.e. Paid Articles and Expert Guest Articles.

    2. Changes to published articles are entered by the Publisher, but with consideration of the Advertiser's guidelines.

    3. Communication regarding changes in published articles takes place exclusively through the Website. The Publisher undertakes not to contact the Advertiser directly regarding articles published through the Website.

    4. The content change service in published articles (paid and expert) is payable, the cost of this service depends on the scope of changes and the cost specified by the Publisher.

    5. The default value of remuneration for the Publisher for making changes to the content is determined automatically on the Website and calculated on the basis of the remuneration received by the Publisher for publishing the article.

    6. However, as part of its functionality, the Publisher may change the cost of implementing changes to the published article depending on the type of changes proposed by the Advertiser.

    7. The Advertiser, within the Website's functionality, is required to approve or reject the offer within 2 business days from specifying a new price. If the price is not approved within this period, the offer will be rejected and the contract will not be executed. Approval of the price will then be considered the moment of conclusion of the contract.

    8. At any stage of negotiations, the Publisher may refuse to implement changes to the published article.

    9. In case of the entry into force of the contract, the Publisher is obliged to publish changes to the content of the article within 3 business days.

    10. In connection with the publication of the article, the Service Provider, through the automated functions of the Website, asks the Publisher within 24 hours from implementation od changes in the publication to indicate in the Service system that such a change has occurred in the publication. The indication has the effect that it automatically alerts the Advertiser about the publication of the change by email.

    11. After implementing changes to the article and indicating this fact on the Website, the Advertiser verifies the correctness of implemented changes to the publication, whereas the Service Provider has such a right, but not an obligation; verification consists in checking the conformity of the change with the contract concluded in this respect. Verification by the Advertiser must take place no later than 2 business days from the date on which the Publisher indicates the changes.

    12. In the absence of verification by the Advertiser of changes to the publication of the article within 2 business days of its publication, it is considered that the changes to the article have been published correctly. Any subsequent changes brought by the Advertiser mean that a new modification procedure has to be carried out.

    13. The implementation of changes to the published article does not automatically extend the Publisher's commitment to its maintenance on the site for a longer period than originally stated in the scope of the article, unless otherwise agreed. In order to make such a change in the period of publication possible, the Advertiser's proposal in this respect should be included in the guidelines for changes to the article prepared by the Advertiser and this will be part of the negotiations conducted to conclude a contract in this respect.

    14. In matters not covered by this point, the provisions of points 5 and 6 shall apply accordingly, and adequately to the circumstances, provided that they do not contradict paragraph 9.

    15. In case of correct publication, the Publisher issues to the Service Provider a VAT invoice for the amount specified previously on the Website by the Publisher.

    16. The Service Provider undertakes to pay the amount due from the VAT invoice at the latest on the next business day after receiving the correctly issued invoice.

  10. Statistics generated by Publishers
    1. The Publisher determines which of his Portals allow to generate statistics using the tracking code developed by the Service Provider. Access to these statistics is free for Publishers and Advertisers.

    2. Advertisers using the Website may also order statistics on the popularity of published articles generated by the Publishers, i.e. without the use of tracking code developed by the Service Provider. The further provisions of point 10 shall apply to the statistics referred to in this point 10.2.

    3. The Publisher may indicate that he or she does not provide statistics at all. Then Advertisers are not able to order statistics from him (even for a fee). In this case, the provisions of the Terms and Conditions relating to statistics (point 10) do not apply to such Publishers.

    4. Information about the Publisher, which currently provides statistics, range of statistics, is among the information available to Advertisers.

    5. The statistics provided by the Publisher should contain at least information on the number of article views or the number of unique users who have entered the subsite with the article.

    6. The conclusion of the agreement in the field of statistics, which the Publisher makes available on the basis of point 10.2., takes place upon submitting by the Advertiser an order whose admissibility, scope and payment are determined by the provisions of this point of the Terms and Conditions and MARKETER'S TERMS AND CONDITIONS.

    7. If the Publisher indicates that he can not place the tracking code of the Service Provider referred to in point 10.1, or if he or she places the code incorrectly in the article, then the Advertiser may order one-time free access to statistics (once for a given article), if the statistics are in general availability at the Publisher (point 10.3).

    8. The provision of paragraph 10.7. does not apply if, according to the Publisher's statement, the Advertiser could have included the tracking code developed by the Service Provider in the article (point 10.1), but the Advertiser did not use this option. In this case, the Advertiser must always pay remuneration for the statistics obtained from the Publisher when placing the order, if the Publisher provides statistics (point 10.3).

    9. For providing the statistics of one article generated by the Publishers, except for the cases explicitly indicated in the Terms and Conditions, the Publisher receives remuneration. The default remuneration is GBP 5 net (plus VAT, if applicable) for the Publisher, except that the Publisher may change the amount of the remuneration in the Website (tab -> Portal edition, concerns future requests for statistics).

    10. The Publisher should provide the Advertiser with statistics up to 2 business days from the moment of ordering them by the Advertiser, as long as the order has been placed in accordance with the provisions of the Terms and Conditions.

    11. Publishing a file with statistics by the Publisher is implemented through the Website (the appropriate button is available on the list of published articles). The Advertiser also receives them via email.

    12. The statistics provided by the Publishers should be provided in a timely manner, in the form of a PDF or graphic (JPG) file, should be reliable, refer to the indicated article and, if possible, take into account the special requests of the Advertisers. In the event of a violation of this provision, the Publisher is liable directly to the Advertiser.

    13. The Publisher is not obliged to fulfil the special requests of the Advertisers, ie other than those resulting directly from the provisions of the Terms and Conditions.

    14. The Publisher undertakes not to contact directly (except the Website) with the Advertisers in matters related to statistics.

  11. Personal data, commercial information
    1. Upon acceptance of these Terms and Conditions, the User consents to the processing of personal data by the Service Provider, provided in the registration process or use of the Website.

    2. The administrator of personal data is the Service Provider who processes personal data in accordance with the law, GDPR.

    3. The Service Provider processes personal data to the extent necessary to establish, shape the content of the contract, change, solve and properly implement services rendered electronically.

    4. Each User, if he or she is a natural person, has the right to inspect their data, as well as the right to correct them and request their removal. For this purpose, the Service Provider should be contacted by letter - to his mailing address with the note "Personal data" or by e-mail to the address office@whitepress.net

    5. Users' personal data may be transferred to entities authorized to receive them, including competent judicial authorities, under applicable law, as well as third parties acting on behalf of the Service Provider to perform services under the provisions of these Terms and Conditions.

    6. In connection with the provision of services described in the Terms and Conditions, the Service Provider transfers, on the basis of entrusting data processing, personal data provided by the User to other entities that are involved in the rendering of Services.

    7. In addition, the Service Provider is entitled to transfer personal data to its business partners for the purposes referred to in point 11.8 of the Terms and Conditions.

    8. The Service Provider is also entitled to process personal data to fulfil other legally justified purposes realized by the Service Provider and the Service Provider's partners, including for the purposes of direct marketing of own products or services or direct marketing of products or services of the Service Provider's partners.

    9. Entrusting the processing of personal data by the Service Provider takes place in order to enable Users to service the order, issue an invoice, perform the contract, etc., for the time necessary to achieve this goal. The User is obliged to process personal data of other Users only for the purpose described in the Terms and Conditions and in compliance with the requirements provided for by law, including the provisions of the Act on the Protection of Personal Data and executive provisions to the aforementioned Act.

    10. In order to control the correctness of personal data processing by the User, the Service Provider is entitled to verify the correctness of the processing of such personal data at any time. In connection with the exercise of the right referred to above, the Service Provider is entitled to demand that appropriate action be taken in a manner indicated by it. The User is obliged to take action described in the request within the time limit specified in the request, and in the absence of indicating the date in the request, within no more than 3 days from the date of request.

    11. If, in connection with the provision of Services, the Publisher provides the Service Provider with personal data that concerns persons outside the structure he or she administers, such as type of customer, Internet users, then the Service Provider will be able to process them as part of the processing of data referred to GDPR.

    12. The Publisher also agrees to:

      • sending commercial information regarding direct marketing of services or goods offered by the Service Provider or its business partners, including newsletters, addressed to a designated recipient via electronic communication means, in particular electronic mail using data obtained by the Service Provider in the registration or use of the Website.

      • using automatic calling systems for the above purposes.

    13. Detailed rules related to the processing of personal data, the use of cookies, and the transmission of commercial information, are set out in the PRIVACY POLICY.

  12. Liability
    1. The Service Provider is liable to the Publisher for lack of due diligence related to the provision of Services as an intermediary, regardless of whether the Service Provider acts as an indirect or direct proxy.

    2. Except for cases where it is clearly indicated that the Service Provider is directly liable to the Publisher, the Advertiser or Journalist shall be liable for the performance of the contract relating to the Services. If such an effect requires the transfer to the Publisher of any claims to the Advertiser or Journalist, the Service Provider is obliged to assign his rights without delay.

    3. The Service Provider makes every effort to ensure every time, continuous and full availability of the Service provided, does not guarantee and is not responsible for its full availability and, respecting the rights acquired under the contracts for Services, reserves the right to change, withdraw, suspend or discontinue any functionality or properties of the Service in any scope and at any time. The Service Provider informs that the change, withdrawal, suspension or interruption of any function or property of the Service does not require prior notification.

    4. The above provision applies accordingly to changes in prices determined by the Website, which are offered by the Service Provider.

    5. The Service Provider is not liable for damages caused by improper use of the Service, in particular, caused by the User or other Users using the Service in breach of the provisions of these Terms and Conditions.

    6. The Service Provider shall not be liable for non-performance or improper performance of the concluded contract in the scope of the Service or problems in using the Website or the Service if they occurred as a result of events which the Service Provider was not able to foresee or could not prevent as a result of due diligence random events ("force majeure").

    7. In no event shall the Service Provider's liability cover liability for lost profits by the Publisher, and may not exceed the amount indicated in the relevant parts of the Terms and Conditions, and if such a threshold is not specified in the service, the Service Provider's liability is limited to a maximum of GBP 600.

    8. The limitations of liability referred to in point 12.7 shall not apply if the damage is caused intentionally by the Service Provider.

    9. The Service Provider is not responsible for the content, substantive value and compliance with the reality of articles prepared by Advertisers.

    10. The Service Provider is not responsible for the effectiveness of the Services, which in particular means that the Service Provider in no way guarantees the effects of the Services in the form of increasing the revenues of the Publishers.

    11. If, as part of the Website's functionality, it provides certain guidelines, advice and opinions (Knowledge Base) then:

      • the Publisher is not obliged to comply with such communication;

      • if the Publisher applies to such communication, the Publisher does so under his own responsibility, therefore the Service Provider is not responsible for the consequences of such applications.

    12. The Publisher is responsible for any violations of the Terms and Conditions and contracts concluded on the basis of the Terms and Conditions.

    13. If the performance of a given contract requires the Publisher to provide any information, content, other forms of communication (photos, graphics, etc.), the Publisher ensures that in the above scope:

      • will have, to the extent necessary, proprietary copyrights and related rights or licenses to such materials;

      • their use for the purposes of the contract will not violate the personal copyrights of any person;

      • will have all permits to reproduce the physical likeness of the people indicated in these materials;

      • their use will not infringe any industrial property rights of a third party, and in particular, will not breach any protection rights to trademarks or reputable trademarks;

      • their publication will not constitute an act of unfair competition;

      • their publication does not violate the law, good manners, principles of social coexistence or legitimate interests of third parties.

    14. The Publisher, when ordering any of the Services, in particular in the field of article development, is obliged to ensure that these activities do not infringe the law for reasons other than those specified above. In particular, this concerns the compliance of advertising or promotion with legal provisions, including advertising (public and non-public) of such products as pharmaceuticals, tobacco, alcohol as well as services such as gambling.

    15. In the event that in connection with the Service Provider's performance of obligations resulting from the concluded contracts, any civil, enforcement, criminal or administrative proceedings against the Service Provider shall be instituted as a result of false or incomplete statements of the Publisher or in connection with violation of the law by the Publisher, the Publisher undertakes to provide the Service Provider at his own expense and, as far as possible, with the assistance necessary to dismiss claims or allegations against the Service Provider. In addition, in the above case the Publisher undertakes to repair the damage incurred by the Service Provider in connection with the proceedings initiated against the Service Provider or in connection with claims or allegations against the Service Provider, i.e. satisfy legitimate claims reported by third parties (provided that they are ordered by the competent court by a final judgment), return the equivalent of any actually paid by the Service Provider, documented penalties or fines imposed on the Service Provider and cover the costs of necessary, actually spent legal assistance incurred by the Service Provider.

    16. The Service Provider is not the author of articles or Content that is a Service, therefore the Service Provider can assure that he has acquired rights based on legal actions by accepting, in good faith, the statements of the entities from whom he obtained rights in this respect with the actual state of affairs. However, if such declarations or assurances of parties to the contract concluded with the Service Provider are not consistent with the actual state of affairs, as a result of which the Publisher does not acquire the rights provided for in the Terms and Conditions, then the Service Provider, as an intermediary in performing specific activities provided for in the Terms and Conditions, cannot be held liable, also for damage to the Publisher, if he takes all actions under which the Publisher will take any claims of the Service Provider to persons responsible for this state of affairs.

    17. The website may contain references to content posted on other websites. This does not mean that the Service Provider or the authors of the content posted on the Website take a stand with regard to the content posted on such sites or bear responsibility for them.

    18. The Publisher may not act to the detriment of other Website Users, including not posting unnatural links to published articles (or other entries in social media), posting unnatural comments under articles, directing unnatural traffic to articles.

    19. The Publisher hereby agrees that the Service Provider may transfer the rights or obligations resulting from the Terms and Conditions or the contract concluded in the implementation of the Terms and Conditions.

  13. Complaints
    1. The provisions of this item shall apply in accordance with the earlier provisions of the Terms and Conditions, which in particular means that if the Terms and Conditions indicate a specific deadline for the submission of application by the Publisher, the Publisher is bound by such deadline, not the term described in the following paragraphs.

    2. Complaints about the Service should be reported via email to the following address: office@whitepress.net.

    3. The complaint should contain at least: the date and time of the event being the subject of the complaint, the e-mail address of the complainant and a brief description of the reported objections.

    4. Complaints will be considered within 14 days after receipt, in the order of the date of receipt. If it is impossible to keep the above-mentioned date, the Service Provider informs the person submitting the complaint about it, stating the reason for the extension of the deadline as well as the expected time of reply.

    5. The person submitting the complaint will be informed about the method of processing the complaint by e-mail to the e-mail address provided in the complaint.

    6. Except for cases where it is clearly indicated that the Service Provider is directly liable to the Publisher, the Advertiser or Journalist shall be liable for the performance of the contract relating to the Services. If such an effect requires the transfer to the Publisher of any claims to the Advertiser or Journalist, the Service Provider is obliged to assign his rights without delay.

  14. Final provisions
    1. In matters not regulated, the generally applicable provisions of law shall apply.

    2. All disputes between the Publisher and the Service Provider will be settled amicably, and in the event of disagreement, will be submitted to the court locally competent for the Service Provider.

    3. The Terms and Conditions may be subject to periodical changes, about which the Publisher will be informed. If the Publisher, who has an account on the Website, does not accept the changes introduced, then by the day of entry into force of the changes he has the right to submit a statement on the liquidation of this account and termination of cooperation, which requires the written form or e-mail sent to the following contact address: office@whitepress.net

    4. The Publisher declares that he or she has read the Terms and Conditions, appendices to the Terms and Conditions, including terms and conditions to which appeals are placed, as well as the Service Provider's Privacy Policy.

    5. Terms and Conditions come into force as of 01.01.2018