The terms used in these Terms & Conditions shall mean: Owner – an entity providing access to the Site under URL: www.softfinder.com, that is that is Red Sky Sp. z o.o., a company incorporated under the laws of Poland, with its registered office in Szczecin, at Al. Piastów 22, Szczecin 71-064, Poland, registered in the register of entrepreneurs of the National Court Register maintained by the District Court in Szczecin, XIII Commercial Department of the National Court Register, with KRS number: 209107, NIP (tax identification number): 642-26-83-651 and REGON number: 276822679. Contact Form – an electronic document placed on the Site, dedicated for direct contact with the Owner. Register Form – an electronic document placed on the Site, dedicated for registering User's account in the Site.
Terms & Conditions – this document, specifying terms and conditions of using the Site, as well as rights and obligations of the User and the Owner. Terms & Conditions constitute a binding agreement between User and the Owner, regarding User's use of the Site.
Site – SoftFinder website, accessible under the URL: www.softfinder.com.
User – an adult person with a full capacity to enter into legal transactions, acting on his/her own behalf, which makes use of the Site in accordance with the Terms & Conditions. The Owner does not target the Site to a minor under the age of 18. There may be certain access restrictions placed on any minor under the age of 18. You agree that if you assist a minor under the age of 18 to access the Site, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) you will assume full liability for any consequences and that under no circumstances including, but not limited to negligence, neither the Owner, nor any third party shall be liable for any direct, indirect, incidental, special or consequential damages arising from the use or inability to use the Site by an User under the age of 18, even if such party has been advised of the possibility of such damages. Pursuant to the provision of Article 8 paragraph 1 subparagraph 1 of the Polish Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002 No. 144, item 1204 as amended) the Owner hereby establishes these Terms & Conditions.
CHAPTER II. FUNCTIONALITIES OFFERED WITHIN THE SCOPE OF THE SITE The Site is accessible worldwide to anyone with Internet access. User may also use the Facebook or Twitter Connect service to log on the Site. The Site has been designed for entertainment purposes only. The Site may include various forums, blogs, message boards, Q&A, groups, etc. where User can post his/her observations and comments on designated topics. User is solely responsible for his/her own communications posted on forums, blogs, message boards, Q&A, groups, etc., the consequences of posting those communications, and reliance on any information found in the Site. The Owner reserves the right to change the Site functionality at any time, in particular by introducing new functions and facilities for Users.
User undertakes to respect the Terms & Conditions while using the Site, both in its current wording and with any later amendments. User can hold only one account. An account cannot be transferred to third person or used by such a third person. User may not allow anyone else to use his/her login details or give them to any third person. If so, User accepts full responsibility for the consequences of this and agrees to fully indemnify and hold the Owner harmless from any damage or harm that may occur. User undertakes to abstain from any actions that could hinder or destabilize the operation of the Site or use of its functionalities. The Owner may, without any previous notice, undertake any action available, inclusive of a demand for compensation or suspension of the Site provision resulting from the fact of holding an account in the Site, without a right of remuneration reimbursement, as a response to any malicious activities or any other breach of these Terms & Conditions. The actions referred to in this point shall be as follows: attempts at disturbing or cutting off access to accounts of other Users or to computers (DOS, DDOS attacks, DNS spoofing) phishing, that is falsifying information which permits to identify User or hiding such information without having first obtaining a written consent entering malicious software into the system or onto the computers of the Owner, especially inclusive of viruses, Troyan horses or internet bugs unauthorized scanning of the network of other Users in search of security gaps unauthorized monitoring of network traffic or other attempts of intercepting information reserved for the Owner or to other Users unauthorized attempts at breaking the security of a computer, network or another User's account pharming, that is the use of malicious software, disturbing the operation of DNS servers or other means aimed at redirecting User to a website or to another site impersonating the Site in order to gather personal data of the User, the data necessary for logging or other information giving unauthorized access to the account to other persons taking over IP addresses direct or indirect sending, collection, sale or distribution of e-mail addresses for the purposes of sending mass unsolicited correspondence (spam) Without limiting any other provision in these Terms & Conditions, User may not use the Site to do the following or assist others to do the following: threaten, defame, stalk, abuse or harass other persons or engage in illegal activities link to the Site from another website or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or the Owner deems, in its sole discretion, to be otherwise objectionable frame the Site, display the Site in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Owner and any third person or potentially deprive the Owner of revenue (including, without limitation, revenue from advertising, branding or promotional activities) violate any person's or entity's legal rights (including, without limitation, intellectual property rights or privacy rights), transmit material that violates or circumvents such rights or remove or alter intellectual property or other legal notices transmit files that contain viruses, spyware, adware or other harmful code advertise or promote goods or services without the Owner's permission (including, without limitation, by sending spam) interfere with others using the Site or otherwise disrupt the Site transmit, collect or access personally identifiable information about other Users without the consent of those Users and the Owner engage in unauthorized spidering, "scraping" or harvesting content, contact or other personal information or use any other unauthorized automated means to compile information defeat any access controls, access any portion of the Site that the Owner has not authorized User to access (including password-protected areas), link to password-protected areas, attempt to access or use another User's account or information or allow anyone else to use User's account or access credentials User may only share, post, place, submit, email, transmit or make available on the Site in any other way the content, materials that he/she created or that he/she has permission to share, post, place, submit, email, transmit or make available on the Site in any other way. User is solely responsible for any content, materials he/she make available on the Site, including without limitation, the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all content. User may not share, post, place, submit, email, transmit or make available on the Site in any other way the content that violates these Terms & Conditions. The Owner does not claim ownership of any content that User may post on or share through the Site; however, if User elects to submit content on areas of the Site that are generally available to the public (such as message boards, forums, blogs, etc.), he/she grants the Owner, its parent, affiliates, and distributors an irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable, non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), advertise in, on, and around, and to incorporate such content into other works in any form, media, or technology, and in particular with regard to the following fields of exploitation: with respect to fixation and multiplication of the content – production of copies of the content by all known techniques on all known carriers, by any technique, including digital technique, with respect to introduction into circulation of the content – introduction into circulation, lending or rental of the content, with respect to dissemination of the content in any manner other than defined in point above (b) – public performance, display, screening, reproduction, broadcasting and retransmission, as well as making the content available to the public in a manner giving everybody access to it at the place and time of his/her choice.
The User hereby declares that he/she shall not exercise his personal rights to the content, licensed to the Owner pursuant to these Terms & Conditions. Furthermore, the User hereby authorizes the Owner to perform on his/her behalf personal rights to the said content and to give to third persons authorizations to perform the said rights on behalf of the User without his/her consent as well as to anonymously disseminate the said content. The User authorizes the Owner to modify and introduce changes to the said content.
The Owner may create works derived from the content licensed by the User to the Owner pursuant to these Terms & Conditions, including any changes thereto. The Owner may also dispose of and use such derivative works in fields of exploitation specified above.
The User hereby transfers to the Owner the right to exercise derivative rights to the content licensed to the Owner pursuant to these Terms & Conditions. The Owner may (but is not obligated to) display User's content, including User's username and User's actual name (according to the selected preferences). The Owner is authorized to immediately, without prior notice, terminate an agreement, suspend or permanently remove the account of the User who breaches this Terms & Conditions. In such a case the Owner shall not bear any liability vis-à-vis User.
The Owner is authorized to record the dialogue in public area such as message boards, forums, blogs, etc. The Owner is authorized to investigate an allegation that a communication(s) within the Site do(es) not met these Terms & Conditions and determine in its sole discretion to remove or request the removal of the communication(s). The Owner is authorized to remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms & Conditions. The Owner is authorized to monitor, edit or disclose any communication within the Site.
The Owner is authorized to edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these Terms & Conditions. The Owner is not liable for the content that is provided by Users. The Owner has no duty to pre-screen such content.
The Owner reserves the right to remove content for any reason, but is not responsible for any failure or delay in removing such material. The Owner is not responsible for content made available on the Internet. If User uses contact forms, he/she is obliged to give real information, true to facts of the case.
The Owner undertakes to ensure possibly the highest quality and stability of the Site, however, the Owner shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third persons. The Owner shall not be liable for temporary inability to use the Site, caused by the implementation of new solutions and facilities within the framework of the Site. As much as possible, the Owner will notify Users of any scheduled breaks in the Site operation or any inconveniences that may occur in its use.
The Owner reserves the right to conduct maintenance works on the IT system equipment used to provide access to the Site, which may temporarily cause difficulties or make it impossible for Users to use selected functionalities or the entire Site. In such a case the Owner shall not bear any liability vis-à-vis Users. In special cases affecting the security or stability of the Site, the Owner reserves the right to temporarily reduce or suspend the access to the Site without previously notifying Users and to conduct maintenance works aimed to reinstate the security and stability of the Site. In such a case the Owner shall not bear any liability vis-à-vis Users. The Owner shall not bear any liability for the activities of Users or any third persons, nor their using the personal data of other Users contrary to the purpose of the Site operation, specified in these Terms & Conditions.
The Owner shall not bear any liability in case of other Users or third person submitting any claims towards the Owner regarding a breach of the Terms & Conditions or the law in force, either by other Users or by third person. Only a User or third person being in breach of the law in force shall be liable in such a case. Upon a request by the Owner, User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, damages, losses, claims, costs and expenses, including, but not limited to, reasonable attorney's fees that arise from User’s use or misuse of the Site and related to third party claims, charges or investigations, caused by User's failure to comply with these Terms & Conditions, including, without limitation, User's submission of content that violates third party rights or applicable laws, any content User submits to the Site or any activity in which User engages on or through the Site.
The Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event User will cooperate with the Owner in asserting any available defenses. Irrespectively of all other provisions of these Terms & Conditions, in case any third persons submitting claims vis-à-vis the Owner, its licensees, sublicensees and their legal successors or entities onto which the Owner transferred rights resulting hereunder that result from User's infringing any author's economic rights or author's moral rights, derivative rights, violating a patent, a registered design, trademark or trade name or other rights in intangible assets, a User shall release the Owner, its licensees, sublicensees and their legal successors or entities onto which the Owner transferred rights resulting hereunder from any liabilities resulting from such claims and shall cover all costs incurred by the Owner, its licensees, sublicensees and their legal successors or entities onto which the Owner transferred rights resulting hereunder, incurred by these entities in connection with submission of claims, referred to hereinabove. User shall, at his/her own cost, join any court proceedings, instituted against the Owner, if the rules of a procedure applying in given proceedings permit it, opposing claims or concluding relevant agreements or assuming liability within the scope in which the claims regard an User infringing patents, business secrets, copyrights, trademarks, intellectual property rights or other rights of a third person.
CHAPTER V. COMPLAINTS User has the right to lodge a complaint if the Owner does not fulfill its obligations specified herein or if the Owner fulfills them in a manner contrary to the provisions hereof. A complaint can be lodged in an electronic formby e-mail or by way of a traditional letter to the following correspondence address: Red Sky Sp. z o.o., Al. Piastów 22, Szczecin 71-064, Poland. A complaint should include in particular the problem constituting the basis for a complaint and the User identification (name, surname, e-mail, phone number and in case of a traditional letter also a correspondence address).
CHAPTER VI. SOFTINDER ACCOUNT In order to use the Site, User does not need to create an account on the Site. Apart from the free use of the Site, Users have the opportunity of establishing SoftFinder account. After creating an account User benefits from number of different services and functions offered via the Site and he/she has an access to some additional features or other elements of the Site.
CHAPTER VII. INTELLECTUAL PROPERTY The Site and all rights related to this Site are the exclusive property of the Owner or its partners. All creative elements placed on this Site by the Owner are protected by intellectual property rights, and in particularly by copyright. All trademarks, logos, graphics, photographs, animations, videos, texts and other distinctive signs appearing on the Sites are the intellectual property of the Owner or its partners. Therefore, they may not be reproduced, used or represented without the prior written authorization of the Owner. User hereby undertakes to respect intellectual property rights (including author's economic and personal rights and industrial property rights, as well as the rights resulting from registration of trademarks) to which the Owner, User or third persons are entitled.
CHAPTER IX. DISCLAIMER AND LIMITATION OF LIABILITY SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS AND/OR THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS CHAPTER MAY NOT APPLY TO YOU.
Do not rely on the site, any information therein, or its continuation. The owner provide the platform for the site and all information and services on an "as is", "with all faults" and "as available" basis. The owner, its vendors or distributors ("services providers") does not provide any express warranties or representations about the site or the content placed on the site. To the fullest extent permissible under applicable law, the owner disclaims any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, and noninfringement. If you are dissatisfied or harmed the site or anything related to this site, you may leave the site and terminate the agreement and such termination shall be your sole and exclusive remedy.
The owner is not responsible, and makes no representations or warranties for the delivery of any messages (such as emails, posting of answers or transmission of any other user generated content) sent through the site to anyone. In addition, the owner neither warrants nor represents that your use of the site will not infringe the rights of third parties. Any material, service or technology described or used on site may be subject to intellectual property rights owned by third parties who have licensed to us such material, service or technology. The owner makes no representations or warranties about the inegrity or security of users' content. The owner makes no representations or warranties about the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of any data offered, placed or shared by others on the site. The owner does not have any obligation to verify the identity of the users subscribing to the site, nor does it have any obligation to monitor the use of the site by other users; therefore, the owner declines all liability for identity theft or any other misuse of your identity or information.
The owner does not guarantee that the services which it provides will function without interruption or errors in functioning. In particular, their operation may be momentarily interrupted due to maintenance, updates or technical improvements. The owner disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, the owner disclaims all liability for any misfunctioning, impossibility of access or poor use conditions of the site due to inappropriate equipment, disturbances linked to the internet service provider, to the saturation of the internet network, and for any other reason unrelated to the owner. User may have additional consumer rights under his/her local laws that these terms & conditions cannot change. User uses the site at his/her own risk. User's exclusive remedy regarding any dispute with the owner is to discontinue the use of the site. In no event shall owner’s cumulative liability to the user for any and all claims relating to the use of the site exceed $ 1000. The owner will not be liable for loss of content that user placed on the site. The owner is not responsible for any circumstances beyond its control, including without limitation, actions of third parties or natural disasters. The owner shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from the use of the site. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction or any other commercial damages or losses, even if the owner knew or should have known the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the service providers' liability in such state or jurisdiction is limited to the extent permitted by law.
CHAPTER XI. CLAIMS REGARDING COPYRIGHT INFRINGEMENT User is prohibited from copying, reproducing or otherwise using the content relating to other Users of the Site for any purpose other than for those purposes strictly related to use of the Site for personal purposes. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide the Owner with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The notice of claims of copyright infringement should be sent by e-mail. Upon receipt of the written notification containing the information as outlined above: The Owner may remove or disable access to the material that is alleged to be infringing; The Owner may forward the written notification to such alleged infringer; and The Owner may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material. If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a counter-notification in response to claim of copyright infringement.
To be effective, a counter-notification must be a written communication provided to the e-mail address, that includes the following information: A physical or electronic signature of the alleged infringer; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of the court for the judicial district in which the address is located, or for any judicial district in which the Owner may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person. Upon receipt of a counter-notification containing the information as outlined above: The Owner may promptly provide you with a copy of the counter-notification; The Owner may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and The Owner may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter-notification, provided Owner's copyright agent for notice has not received notice from you that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activity relating to the material on Owner's network or system.
CHAPTER XII. NOTICE AND PROCEDURE FOR MAKING COMPLAINTS REGARDING CONTENT To notify the Owner of content that infringes your rights (other than copyright violations in which case please email us or is otherwise unlawful ("Specified Content"), you must provide the following information: Your name, address, telephone number, and e-mail address; A description of the Specified Content that your claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed; A description of the exact location of the Specified Content on the Site; (In the event you believe that the Specified Content infringes your rights): A statement specifying in detail the rights you assert, and why the Specified Content infringes them; (In the event you believe that the Specified Content is otherwise unlawful): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person’s behalf; and Your electronic or physical signature (as appropriate). After receiving a notice that complies with the above requirements, the Owner will evaluate provided information (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in its judgment, remove or disable access to the Specified Content. In such case, the Owner may notify the source of the Specified Content of your complaint and action taken. In some cases, if the source of the Specified Content provides the Owner with information indicating that the Specified Content has been removed wrongly, the Owner may reinstate the Specified Content. Owner's take-down and re-instatement procedures are and remain at its sole discretion.
CHAPTER XIII. FINAL PROVISIONS The Terms & Conditions enter into force on 18 December 2012. The Terms & Conditions are available to Users under the following URL address: http://www.softfinder.com/index/static/terms. The Owner reserves the right to modify, supplement, replace or change otherwise these Terms & Conditions at any time. In case of any modifications, supplements, replacements or other changes of these Terms & Conditions the User will be informed about them by means of the appropriate announcement posted on this Site's home page. Modifications, supplements, replacements or other changes take effect on the date specified by the Owner, which may not be earlier than 7 days from the date of the said announcement. The User who does not agree to the modifications, supplements, replacements or other changes of these Terms & Conditions may terminate the agreement with the Owner and shall forthwith inform the Owner about that by sending e-mail. Termination shall become effective upon receiving User’s statement but not earlier than on the date of entry into force of the amended Terms & Conditions. Continued use of this Site after modifications, supplements, replacements or other changes have been effectively made to these Terms & Conditions indicates User's acceptance of the amended Terms & Conditions. The Owner has the right to a unilateral amendment of the provisions hereof, without stating the reasons for it and at any time.