Terms

1.Preliminary provisions
2.Role of Diamondherd.com
3.General terms and conditions Diamondherd.com
4.Electronic services at Diamondherd.com
5.Terms for use of user's account
6.Terms for use of ads
7.Terms od conducting a breeding profile
8.Paid services, payments at Diamondherd.com
9.Other electronic services at Diamondherd.com
10.Termination of contract, violetions of the regulations
11.Placment od advertisements
12.Access to data at Diamondherd.com
13.Contact with service provider
14.Complaint procedure
15.Statutory right of withdrawal
16.Out-of-court ways of dealinngs with complaints and claims, and rules to acess to these procedures
17.Additional provisions - concerning entrepreneurs
18.Copyright of Diamondherd.com and services user's content
19.Technical breaks and failures
20.Final provisions

Thank you for visiting our website provided at https://diamondherd.com (hereinafter referred to as "Diamondherd.com" or "the Website").
Diamondherd.com is an online portal of an advertising nature, which is addressed primarily to animal breeders. Among other things, the Website allows its users to add and edit, as well as browse and search for advertisements on topics consistent with the ads categories indicated on the Website.

The content included in the advertisements on the Website is for information purposes only and does not constitute an offer within the meaning of Article 66 § 1 of the Civil Code or any other applicable law. In order to conclude any agreement concerning the subject of a given advertisement, it is necessary each time to contact directly the advertiser outside the Website and determine the details by interested parties. The Website does not allow any transactions in the subject of advertisements placed therein. The owner of the Website is not the author of the advertisements posted on the Website by its users and is not a party to the agreements concluded by them.

The formula of these terms and conditions implies the establishment of general regulations for the use of the Website. These terms and conditions, if you decide to use Diamondherd.com, specifically govern the use of the Website, including the issue of our liability.

We invite you to read these terms and conditions,
Diamondherd.com team

1) Preliminary Provisions

1. Diamondherd.com is owned and run by company Diamondherd Sp. z o.o. with its registered office in Szosa Chełmińska 265 87-100 Toruń(registered office and mailing address: ), registered in the Polish Register of Entrepreneurs of the National Court Register under KRS no: 0001023300; register court which holds the company's records is: District Court in Toruń, Commercial Division of the National Court Register; share capital in the amount of: PLN 5000.00; NIP: 9562382371, REGON: 52466029700000, e-mail address: [email protected] , telephone number: +48605063888 (hereinafter: "Service Provider").
   2. These Terms and Conditions are addressed to all persons and entities using the Website, unless a specific provision states otherwise. The provisions of these the Terms and Conditions are not intended to exclude or limit any rights of Consumers or Entrepreneur with Consumer Rights to which they are entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned legal regulations, those regulations shall prevail.
   3. Terms used in these Terms and Conditions have the following meanings:
   a. PRICE LIST - a price list of paid Electronic Services located in the relevant information tab on the Website.
   b. BLOG - Electronic Service, an online blog maintained for all visitors to the Website, where Service Provider may publish articles of their own or added by Diamondherd.com Service Recipients.
   c. CONTACT FORM - Electronic Service, an interactive form available on the Website that allows the Service Recipient to make contact with the Service Provider.
   d. INQUIRY FORM - Electronic Service, an interactive form available on the page of each Advertisement that allows to contact the Service Recipient - advertiser and submit an inquiry about the subject of their Advertisement.
   e. CONSUMER – a natural person for whom the use of Electronic Services available at Diamondherd.com is not directly related to their business or professional activity.
   f. USER’S ACCOUNT, ACCOUNT - Electronic Service, a set of resources and functionalities available in Diamondherd.com's ICT system, marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient, information about posted Advertisements and other activities on the Website are stored.
   g. PREMIUM ACCOUNT – the Service Recipient’s Account, which standard functionalities have been extended by activation of one of the available subscription plans in accordance with the Price List.
   h. CIVIL CODE - the Polish Act of April 23, 1964 - Civil Code (Journal of Laws No. 16, item 93 as amended).
   i. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the content of successive editions of a newsletter containing information about news and promotions on the Website.
   j. ADVERTISEMENT, AD - any advertisement of the Service Recipient, regardless of its name, including, above all, an advertisement having as its object the sale of animals designated in the content of the advertisement, published in the appropriate category of the Website. Advertisements on the Website are for information purposes only and do not constitute an offer within the meaning of Article 66 § 1 of the Civil Code or any other applicable law.
   k. COPYRIGHT LAW - the Polish Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended).
   l. BREEDING PROFILE, PROFILE - the public part of the Service Recipient's Account, i.e. the profile page available to all visitors to the Website, which contains publicly available information about the Service Recipient, their animal breeding and their Advertisements.
   m. ENTREPRENEUR WITH CONSUMER RIGHTS - a natural person for whom the use of Electronic Services available at Diamondherd.com is directly related to their business activity, when the circumstances indicate that it is not of a professional nature for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Polish Central Register and Information on Business Activity (CEIDG).
   n. TERMS AND CONDITIONS - these terms and conditions of the Website.
   o INTERNET SERVICE, WEBSITE, DIAMONDHERD.COM - Service Provider's website available at https://diamondherd.com.
   p. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Website in accordance with the Terms and Conditions.
   q. SERVICE RECIPIENT, USER - any person or entity using or intending to use the Electronic Services available at Diamondherd.com, that is: (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by applicable law.
   r. SERVICE PROVIDER - the company Diamondherd Sp. z o.o.with its registered office in Szosa Chełmińska 265 87-100 Toruń(registered office and mailing address: ), entered in the Polish Register of Entrepreneurs of the National Court Register under KRS no: 0001023300 ; register court which holds the company's records is: District Court in Toruń, Commercial Division of the National Court Register; share capital in the amount of: PLN 5000.00; NIP: 9562382371, REGON: 52466029700000, e-mail address: [email protected], telephone number: +48 605063888
   s. CONSUMER RIGHTS ACT - Polish Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
   t. SEARCH ENGINE *- Electronic Service, available to all Service Recipients, a search engine located on the Website that allows searching for Advertisements and other content posted on the Website.
   

2) Role of Diamondherd.com

1. The role of Diamondherd.com is to provide an advertising platform for Service Recipients - animal breeders. In order to achieve these goals, the Website allows posting, browsing and searching of Advertisements on topics consistent with the categories of Ads indicated on Diamondherd.com, in particular Advertisements for the sale of Service Recipients' breeding animals.
   2. Advertisements on the Website are for informational purposes only and do not constitute an offer within the meaning of Article 66 § 1 of the Civil Code. In order to conclude any agreement concerning the subject of an Advertisement, it is necessary each time to contact directly the Service Recipient - advertiser and establish the details by the interested parties outside the Website.
   3. The Service Provider is not the author of the Advertisements posted on the Website by its Service Recipients. Service Recipients are independent third parties. The Website does not act as an intermediary in concluding any contracts between the Service Recipients, nor does it enable the conclusion of transactions in the subject matter of the Advertisements posted therein. The Service Provider is not a party to agreements between the Service Recipients and does not provide them with services other than the Electronic Services indicated in these Terms and Conditions.
   

3) General terms and conditions of use of Diamondherd.com

1. The Service Recipient is obliged to use the Website in accordance with its subject matter and purpose, in accordance with these Terms and Conditions and in a manner consistent with the law and good practices, with due regard to respect for personal rights, copyrights and intellectual property rights of the Service Provider, other Users or third parties. The Service Recipient is obliged to enter data in accordance with the facts. The Service Recipient is prohibited to provide content of an unlawful nature. The Service Recipient is prohibited to send unsolicited commercial information (spam) via the Website. The Service Recipient is obliged not to undertake activities that have the purpose or effect of interfering with the proper operation of Diamondherd.com.
   2. The Service Provider complies with Article 14(1) of the Polish Act of July 18, 2002 on Provision of Electronic Services (Journal of Laws 2002 No. 144, Item 1204, as amended), according to which the Service Provider shall not be liable if they do not know of the unlawful nature of the Service Recipient’s data posted on Diamondherd.com or any related activities, and if they receive official notice or obtain credible knowledge of the unlawful nature of the data or any related activities, they shall immediately prevent access to them.
   3. The Website requires the following technical requirements to be met by the Service Recipient: (1) a computer, laptop or other multimedia device with access to the Internet; (2) access to e-mail; (3) a web browser with the current version: Mozilla Firefox, Opera, Google Chrome, Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; and (5) enable cookies and Javascript in your web browser.
   The Service Provider takes reasonable efforts to make the use of Diamondherd.com safe for Service Recipients. However, the use of the Website is associated with the standard dangers occurring on the Internet. The primary threat to any Internet user, including Service Recipients using the Electronic Services, is the possibility of "infecting" the ICT system with various types of software created primarily for the purpose of causing damage or gaining unauthorized access to the Service Recipient's data. Therefore, in order to avoid the risks associated with this, the Service Provider recommends that the Service Recipient equip their equipment, which they use when connecting to the Internet, with an anti-virus program and constantly update it by installing the latest versions.
   4. In addition, the Service Provider shall take reasonable efforts to make the use of Diamondherd.com comprehensible and transparent for the Service Recipients, but cannot guarantee that each Service Recipient will be able to operate the Electronic Services independently or that they will prove useful in achieving the purposes expected by the Service Recipient. The Service Provider shall make the Electronic Service available in the form in which it is provided and does not make any implied or explicit assurances as to its usefulness for specific applications. The disclaimer referred to in the preceding sentence is not intended to exclude or limit the statutory rights of the Service Recipient who is a Consumer or an Entrepreneur with Consumer Rights, particularly with respect to the Service Provider's legal liability for improper performance of services.
   
   

4) Electronic Service at Diamondherd.com

1. The use of the Website under the regulations indicated in these Terms and Conditions is available to any Service Recipient.
   2. Most of the Electronic Services is free of charge, subject to the paid Electronic Services indicated in the Price List and Section 8. of the Terms and Condtions.
   3. The Service Recipient may use the following Electronic Services on the Website, in particular:
   a. Blog.
   b. Contact Form.
   c. Inquiry Form.
   d. Newsletter.
   e. User’s Account.
   f. Search engine.
   g. Advertisements.
   4. The basic Electronic Service is the Service Recipient’s Account - it allows to access the rest of the resources and functionality of Diamondherd.com, for which the requirement of an Account is reserved.
   5. A detailed description of the Electronic Services and the rules of their operation is available in these Terms and Conditions and in the Website’s information tabs.
   

5) Terms for use of the user's account

1. The use of the Account is possible after a total of two consecutive steps are completed by the Service Recipient - (1) filling out an interactive Account registration form available on the Website, and (2) clicking on the "Register" field - at that moment, the agreement on the use of the Account is concluded between the Service Recipient and the Service Provider. In the Account registration form, it is necessary for the Service Recipient to provide the following data concerning the Service Recipient: name, e-mail address and password. The Service Recipient should ensure that the chosen password for logging into the Account is appropriately complex and unique, i.e. not a repetition of the password used by the Service Recipient elsewhere on the Internet.
   2. The use of the Account and its individual functionalities may also require the provision of other data by the Service Recipient - each time the information about the scope of the required data is provided on the Website before using a specific functionality (e.g. when editing the Breeding Profile or before posting an Advertisement).
   3. The Account allows the Service Recipient to use the other resources and functionalities of Diamondherd.com for which an Account is reserved, in particular: (1) adding, editing and promoting their Advertisements; (2) communicating with other 4. registered Service Recipients via private messages; (3) creating and maintaining a Breeding Profile; (4) purchasing paid Electronic Services; and (5) customizing the type and subject matter of the Newsletter to suit their interests.
   4. The Service Recipient is obliged to keep their data provided within the Account up-to-date in case of any changes.
   5. The Service Recipient without the consent of the Service Provider may have only one Account at a time.
   6. The Service Recipient is obliged to keep the access data to the Account secret from third parties. The Service Recipient is not authorized to grant access to the Account to others, including through the lease or lending of the Account.
   7. The User’s Account Electronic Service is provided free of charge (subject to the Premium Account subscription referred to in Section. 8 of the Terms and Conditions) for an indefinite period of time. The Service Recipient has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected]. The Service Recipient may also delete the Account on their own by using the appropriate option available in the Account settings. After deletion of the Account, it is not possible to continue logging in and using the functionality and resources of the Account, whereby the Service Recipient may re-establish the Account in the same manner as the first time. If the Account is deleted by the Service Provider for reasons attributable to the Service Recipient under sec. 10.7(h) of the Terms and Conditions, the re-establishment of the Account by the Service Recipient is possible with the consent of the Service Provider and after all the reasons underlying the deletion of the Account have ceased.
   8. Deletion of the Account by any means shall result in the deletion of all data assigned to the Account, provided that this shall be without prejudice to the Service Provider's right to continue to store the Service Recipient's personal data for the period of time necessary to fulfill the other purposes of processing (other than maintaining the Account) consistent with Diamondherd.com's privacy policy.
   
   

6) Terms for the use of ads

1. The Website allows a registered Service Recipient to add an Advertisement, which will then become visible to all visitors to Diamondherd.com.
   2. The posting of an Advertisement on the Website is free of charge, subject to additional paid Electronic Services that may serve to better promote the Advertisement on Diamondherd.com. Detailed information on the methods of paid promotion of the Advertisement is provided in the Price List.
   3. It is possible to post an Advertisement by using the interactive form available on the Website after logging in to the User’s Account. In the form, it is necessary to provide the data indicated in the form as mandatory, in particular the species, breed, gender, age and other detailed data describing the animal to which the Advertisement is to refer. The Service Recipient also has the option of attaching photos to be displayed on the Advertisement page. After filling in the form with all the information, it is necessary to click the "Add advertisement" field - at that moment the Advertisement is added to the Website, which is further confirmed by a notification sent to the Service Recipient by e-mail. The Advertisement will be published on the Website after 24 hours from the moment of its addition, with an exception of the Service Recipients with Premium Accounts for whom the Advertisement becomes visible immediately after its addition to the Website.
   4. The Advertisement shall remain visible on the Website until (1) the end of the publication period of the Advertisement indicated to the Service Recipient when adding the Advertisement, (2) the earlier withdrawal of the Advertisement by the Service Recipient, or (3) the withdrawal or removal of the Advertisement from the Diamondherd.com website by the Service Provider under the regulations indicated in the provisions of Section 10. of the Terms and Conditions.
   5. The Service Recipient may edit the content of their Advertisement throughout the period of its visibility on the Website, using the relevant options available in the Account settings.
   6. The Service Recipient posting an Advertisement is obliged to post factually correct, clear, understandable, reliable and not misleading information on the subject and conditions of the Advertisement. The posting of an Advertisement shall not violate the provisions of generally applicable law or the rights of third parties. The Advertisement should reflect the actual intention of the Service Recipient. The Advertisement, its subject and content should be in accordance with the law and good practices, taking into account, in particular, respect for personal rights, copyrights and intellectual property rights of the Service Provider, other Service Recipients and third parties.
   7. The Service Recipient is obliged to post an Advertisement with content that corresponds to the theme of the Website and in the category matching the subject of the Advertisement.
   8. It is forbidden to simultaneously post more than one Advertisement with the same content or concerning the same subject as another active Advertisement of that Service Recipient. The Service Recipient is also prohibited from posting duplicate Advertisements issued by other persons.
   9. The Service Recipient is obliged not to include within the Advertisement (including through photos and/or other visual materials) unlawful content and content of an advertising, announcements or commercial information encouraging the use of sites competing with the Website, including website addresses, names and logos of such sites.
   10. The Service Recipient - advertiser is obliged to have the authorizations required by law for his business activity, in particular for breeding and marketing the animals displayed in the Advertisements, including, if required, any permits, licenses or other individual administrative acts.
   11. The Service Recipients who post Advertisements on the Website are always obliged to ensure that the animals they offer meet certain requirements for their breeding and marketing, and are obliged to meet other commercial requirements stipulated by applicable laws.
   12. The Service Recipient, for whom the use of the Website, including the display of Advertisements, is related to their business activity, if they intend to conclude a contract on the subject of the Advertisement, they are obliged to respect the rights of Consumers and Entrepreneurs with Consumer Rights, in particular regarding the fulfillment of information obligations, the right to withdraw from the contract without giving any reason and complaints.
   13. At the request of a person interested in the subject of the Advertisement, the Service Provider shall be obliged to provide him with explanations regarding the subject and terms of the Advertisement.
   14. The Service Provider does not guarantee to Service Recipients that their Ads will be of interest. The Service Provider makes no express or implied assurances that the Website will prove useful
   in finding persons interested in the subject of the Service Recipient's Advertisement.
   15. The Service Provider, acting in accordance with Article 15 of the Polish Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws 2002 No. 144, item 1204, as amended), is not obliged to check the data of Service Recipients (including Advertisements) transmitted, stored or made available on Diamondherd.com. In the event that the Service Provider obtains reliable information about the non-compliance of an Advertisement with the regulations of these Terms and Conditions or the provisions of generally applicable law, the Service Provider reserves the right to take appropriate steps to the extent provided for in Section 10. of the Terms and Conditions.
   16. In any case of reasonable suspicion that an Advertisement violates the regulations of these Terms and Conditions, it is recommended to notify the Service Provider immediately, for example, using the "Report Abuse" function available on the page of the given Advertisement. After reviewing the notification, the Service Provider may take appropriate measures against the advertiser to the extent provided in Section 10 of the Terms and Conditions. In addition, in the case of Advertisements of an unlawful nature, the Service Provider will also be legally obliged to immediately prevent access to the Advertisement containing such content.
   17. In the event of any claims against the Service Provider, based on the illegality of the content, subject matter or description of the Advertisement or related to the activity of the Service Recipient adding this Ad, from third parties and entities, including public administration authorities, in particular for violation of copyright, industrial property rights or other provisions of generally applicable law, the Service Recipient - advertiser shall be obliged to indemnify the Service Provider of Diamondherd.com from liability for violations committed by the Service Recipient, to satisfy the claims of the aforementioned persons and third parties, as well as penalties or other costs imposed on the Service Provider by the competent authorities, and to indemnify the Service Provider from the obligation to provide benefits thereunder, and to compensate the Service Provider for the damage suffered by the Service Provider for violations committed by the Service Recipient.
   
   

7) Terms for conducting a breeding profile

1. The Service Recipients who have an Account and post Advertisements on the Website may also maintain their Breeding Profile. The Breeding Profile is public, i.e. it is available for viewing by all visitors to the Website, and a link to the Profile appears in all Advertisements of that Service Recipient.
   2. The Breeding Profile should be conducted in an accurate and factually correct manner. The Service Recipient is obliged to ensure that the content published on the Profile (including photos and other visual materials) complies with generally applicable laws.
   3. The Service Recipient voluntarily decides of the scope of content and data that they make available within their Profile, however, it is forbidden for the Service Recipient to publish any content or data that could mislead the Service Provider, other Users or third parties.
   4. To the extent not regulated in this section of the Terms and Conditions, the provisions of Section 6. concerning the terms for posting Advertisements shall apply.
   

8) Paid servicees, payments at DiamondHerd.com

1. Additional paid Electronic Services are also available on the Website, among which can be distinguished:
   a. Premium Account - the services comprising the Premium Account are provided on a continuous basis in exchange for a recurring fee paid by the Service Recipient (subscription). The scope of Premium Account services depends on the selected subscription plan. The Service Recipient may cancel the subscribed plan or change it to another plan at any time and without giving any reason - the cancellation or change becomes effective at the end of the ongoing billing period. If the Service Recipient does not cancel no later than the last day of the billing period, the subscription is automatically renewed for the next period in accordance with the existing plan. The billing period for Premium Account subscription is 1 month (starting from the date of subscription activation), unless a different period is indicated in the description of a particular plan.
   b. One-time services (e.g., highlighting or bumping an Ad) – these services are provided for a one-time fee paid by the Service Recipient and do not automatically renew. Once the service has been used or its duration time has expired, the Service Recipient may re-purchase it manually by placing an order and making payment in the same manner as the first time.
   2. Detailed information about paid Electronic Services, including their prices, parameters, limits and the scope of individual subscription plans, can be found in the Price List. The Service Provider reserves the right to make changes to the Price List, resulting, for example, from changes in billing periods, prices or the scope of paid Electronic Services. Changes in the Price List will not in any way affect the acquired rights of the Service Recipients, in particular, these changes will not affect the already ordered, implemented or performed one-time services or the commenced billing period of the Premium Account subscription.
   3. The prices of paid Electronic Services displayed on the Website are given in Polish zloty (PLN) or in US dollars (USD), depending on the Service Recipient's choice, and include taxes. The total price including taxes and other costs, and when the amount of these fees cannot be determined - the obligation to pay them, is communicated to the Service Recipient on the Website, including during the order and payment for the selected Electronic Service. In the case of a contract concluded for an indefinite period of time (e.g., Premium Account subscription), the Service Provider shall state in the same manner the total price or remuneration including all payments for the billing period, and when the contract provides for a fixed rate - also the total monthly payments for this contract.
   4. Purchase of paid Electronic Services is possible after logging in to the Service Recipient's Account. To finalize the purchase, the Service Recipient should place an order for the service selected from the Price List, providing the data required for billing purposes, and making payment.
   5. Payments for paid Electronic Services on the Website are handled by third-party payment service providers. The Service Provider makes the following payment methods available to the Service Recipients on the Website:
   Electronic payments and payment card payments via Stripe.com. The payment service is provided by the company Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland.
   6. Once redirected to the payment gateway, the Service Recipient should provide the data required for billing purposes and immediately make payment for the selected service. Otherwise, the payment session may expire and the transaction will fail and the service will not be activated - the Service Recipient should then repeat the purchase in the same way as the first time.
   7. Premium Account subscription payments are made automatically by debiting the payment or credit card of the Service Recipient at the beginning of each billing period. In order to maintain the continuity of the Premium Account subscription, the Service Recipient should ensure positive authorization of their payment or credit card. Otherwise, the payment cannot be processed and the subscription will be suspended until it is reactivated by the Service Recipient, which will also mean the loss of the Premium Account services.
   8. Paid Electronic Services shall be performed or activated immediately, but no later than within 72 hours from the crediting of the Service Provider's bank or billing account.
   9. Cancellation of paid Electronic Services after their performance or activation does not entitle the Service Recipient to receive a refund of the payment, provided that this does not exclude or limit any statutory rights of the Service Recipients who are Consumers and Entrepreneurs with Consumer Rights, especially with regard to the right to withdraw from the contract concluded at a distance or the right to make a complaint in case of improperly performed services.
   10. Recording, securing, and making available to the Service Recipient information about a purchase made on the Website is accomplished by (1) making these Terms and Conditions available on Diamondherd.com, (2) sending the Service Recipient an e-mail confirming the purchase after the payment has been made, and (3) listing the payment in the purchase history accessible from the Service Recipient's Account.
   

9) Other electronic services at Diamondherd.com

1. Use of the Blog is made by going to the appropriate tab visible on the Website. Within the Blog, the Service Provider may publish articles, news and other content related to Diamondherd.com topics. Browsing the Blog is possible for all visitors to the Website without the need to provide any data or have an Account, whereby having an Account allows you to add comments under Blog entries, as well as add your own articles to the Blog. Making the comments and articles of the Service Recipients visible on the Blog requires their approval by the Service Provider. The Service Provider reserves the right to publish only selected articles, guided in particular by their subject matter, factual value and linguistic correctness. Before publishing an article, the Service Provider, at its discretion, may ask the Service Recipient to make corrections or changes to his article. Articles and comments published on the Blog are marked with the name (login) of the Service Recipient who added them.
   2. All comments and articles of the Service Recipients on the Blog express only the opinions of their authors and do not constitute the opinion of the Service Provider. It is forbidden to post comments or articles that violate the rules of netiquette and contain information that is untrue or may mislead the Service Provider and other Service Recipients, as well as containing advertising content or promoting directly or indirectly sites, products and services competing with Diamondherd.com. Comments of Service Recipients should refer to the article being commented on, and articles added - to the subject matter of Diamondherd.com.
   3. The Service Provider takes reasonable efforts to update and verify the veracity of the data presented on the Blog. However, the Service Provider does not guarantee the reliability and accuracy of the data posted in the comments or articles of the Service Recipients. In order to avoid any doubt, it is understood that the content available on the Blog is for informational purposes only. The information contained in the Blog does not constitute an offer within the meaning of Article 66 § 1 of the Civil Code.
   4. The Service Recipient has the option, at any time and without giving any reason, to stop using the Blog by closing the Internet browser or leaving the Website.
   5. Use of the Contact Form is possible by going to the "Contact" tab visible on the Website and requires the Service Recipient to complete two consecutive steps - (1) filling out the Contact Form with the data indicated as mandatory and (2) clicking the "Send" field on the Website page after filling out the Contact Form. In the Contact Form, it is necessary for the Service Recipient to provide the subject and content of the message addressed to the Service Provider, as well as the Service Recipient's contact information: name and surname and e-mail address to which the Service Provider will be able to send a response.
   6. The Electronic Service Contact Form is provided free of charge and has a one-time nature
   and is terminated at the time of sending messages through it or at the time of earlier discontinuation of sending messages through it by the Service Recipient.
   7. Use of the Inquiry Form is restricted to logged-in Service Recipients only and is possible after navigating to the page of any Advertisement posted on the Website. The use of the Inquiry Form requires three consecutive steps to be performed by the Service Recipient - (1) calling up the Inquiry Form using the "Send Message" button (2) filling out the Inquiry Form with the data indicated as mandatory and (3) clicking the "Send" field on the Website page after filling out the Inquiry Form. In the. Inquiry Form, it is necessary for the Service Recipient to provide the content of the inquiry addressed to the advertiser. Further communication on the Advertisement between the Service Recipients takes place via private messages on the Website.
   8. The Electronic Inquiry Form Service is provided free of charge and is of a one-time nature
   and terminates when an inquiry is submitted through it or when the Service Recipient discontinues submitting an inquiry through it in advance.
   9. The Newsletter can be used after two consecutive steps have been performed by the Service Recipient - (1) providing in the appropriate tab on the Website the e-mail address to which the subsequent editions of the Newsletter are to be sent, and (2) clicking the "Subscribe" box. It is also possible to sign up for the Newsletter by checking the appropriate checkbox when creating an Account - the moment the Account is created, the Service Recipient is signed up for the Newsletter. The Service Recipient, who has an Account, may also customize the scope of notifications received under the Newsletter, choosing, for example, the subject of the Advertisements they would like to receive information about.
   10. The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Service Recipient has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected]. The Service Recipient with an Account may also change the Newsletter settings again at any time, adjusting its subject matter to their needs and interests.
   11. Use of the Search Engine is possible on the home page of the Website. Depending on the choice of the Service Recipient, the Search Engine allows for a simple search (typing the search term and confirming it with the action field) or advanced search (using additional categories, filters and sorting options for search results). After using the Search Engine, the Service Recipient is presented with search results, including a list of Ads available on the Website that correspond to the entered phrase and the selected search category. Placement of search results of Ads in the Search Engine is subject to the rules set forth in Section 11 of the Terms and Conditions.
   12. Use of the Search Engine is always free of charge, non-recurring, and terminates upon use by the Service Recipient or upon early exit from the Website.
   
   

10) Termination of the contract, violetions of the regulations, limitation, suspension and termination of electronic services

1. The Service Recipient may cancel the use of Diamondherd.com and individual Electronic Services at any time and without giving any reason, in accordance with the terms of use indicated in these Terms and Conditions.
   2. In case of reasonable suspicion that the Advertisement, other content or activities of the Service Recipient on the Website violate the regulations of these Terms and Conditions, the Service Provider shall be entitled to take appropriate measures in accordance with the following provisions of Section 10. of the Terms and Conditions.
   3. The Service Provider shall, in the first instance, endeavor to clarify any doubts regarding the compliance with these Terms and Conditions of the Advertisements, other content or activity of the Service Recipient on the Website directly with the Service Recipient in question. For this purpose, the Service Provider may contact the Service Recipient via e-mail. A reasonable suspicion of a Service Recipient's violation of Diamondherd.com's Terms and Conditions entitles the Service Provider to immediately take one or more of the listed actions, along with the reason for them:
   a. sending the Service Recipient a reminder or request to take certain actions to bring his activity on the Website into compliance with these Terms and Conditions;
   b. Removal of content entered by the Service Recipient on the Website, including Advertisements or parts thereof to the extent that they violate these Terms and Conditions;
   c. modification of the content entered by the Service Recipient on the Website in order to bring it into compliance with the Terms and Conditions, as far as possible without changing its substantive meaning;
   d. Changing the category of the Advertisement posted by the Service Recipient.
   4. The Service Provider shall take the above actions in a manner that is reasonable, necessary and proportionate to the type, scale and repetition of the violations committed. The Service Provider, in deciding whether to take certain actions against a Service Recipient, shall be guided in particular by the need to ensure the safety of other Service Recipients and the Website from the harmful effects of such violations.
   5. Notwithstanding Art. 10.3 - 10.4 above, in the event that the Service Provider receives credible information that an Advertisement or other content of the Service Recipient available on the Site or related activity is unlawful, the Service Provider, acting pursuant to Article 14 (1) of the Polish Act of July 18, 2002 on Provision of Electronic Services (Journal of Laws 2002 No. 144, item 1204, as amended), will be authorized to immediately remove that Advertisement or other content from the Website without notice.
   6. Additionally, in order to protect Diamondherd.com and its Service Recipients, the Service Provider reserves the right to immediately block access to the Website from a device with an IP address associated with the occurrence of dangerous activity on the Website noted by the Service Provider and indicating: (1) conducting hacking attacks, including DDOS attacks; (2) technically circumventing the security of the Website or Service Recipients' Accounts, including cracking passwords and access keys using brute force methods; (3) infecting the ICT system of Diamondherd.com with malicious software; or (4) otherwise interfering with the proper operation of the Website, including by intentionally slowing down or preventing the use of its services, exploiting software vulnerabilities, destroying, damaging, deleting, unauthorized access to, or altering computer data.
   7. In addition to the above provisions, the Service Provider reserves the right to limit, suspend, and ultimately terminate the provision of its Electronic Services to a given Service Recipient. In the case of Service Recipients - advertisers, this may also occur with respect to individual Advertisements issued by such Service Recipients on Diamondherd.com. The Service Provider shall take these actions only if and to the extent that they are necessary, subject to the following conditions:
   a.The grounds for limitation, suspension, and ultimately termination of the provision of Electronic Services to a given Service Recipient are:
   i. non-payment by the Service Recipient of outstanding amounts due to the Service Provider;
   ii.Provision of incomplete (where mandatory) or false contact information (e.g., name, company name, address) by the Service Recipient on the Site;
   iii.Conducting the Breeding Profile or adding the Advertisement (including its subject matter and description) by the Service Recipient violates the provisions of generally applicable law, good practices, principles of social coexistence or rights of third parties;
   iv. Conducting the Breeding Profile or adding the Advertisement (including its subject matter and description) by the Service Recipient violates the terms for conducting the Breeding Profile and adding the Advertisements indicated in the Terms and Conditions;
   v.sending messages of a spam nature to other Service Recipients as part of private correspondence, including content of an advertising or advertisement nature or commercial information encouraging the use of sites competing with the Website, including website addresses, names and logos of such sites;
   vi. Adding the Advertisement by the Service Recipient for any purpose other than the content and subject matter of the Advertisement;
   vii. the actions of the Service Recipient in question threaten to unlawfully damage the reputation of the Service Provider and its Website;
   viii. the acts or omissions of the Service Recipient in question threaten the security of the Website and its Service Recipients, including exposing the Website to increased vulnerability to external attacks, such as by logging in from a malware-infected terminal device, using a trivial, repetitive Account password, or sharing an Account with third parties;
   ix. a legal or regulatory obligation under which the Service Provider is required to terminate the provision of all of its Electronic Services to a given Service Recipient;
   x. exercise by the Service Provider of its right to terminate services for an overriding reason that arises under national law consistent with European Union law;
   xi. repeated violations of the Terms of Service by the Service Recipient.
   b.Limitation of Electronic Services is understood as actions aimed at limiting access to particular services provided by the Service Provider at Diamondherd.com. Limitation of Electronic Services may consist, for example, of preventing access to selected functionalities and resources of the Website, including those available after logging into the Account (such as conducting private correspondence, adding Ads), disabling the visibility of the Breeding Profile, negatively affecting the placement of the Service Recipient's Ads in order to lower their position in the Website in relation to other Ads, or withdrawing all of the Service Recipient's Ads from the Website.
   c. Suspension of Electronic Services is understood as actions aimed at depriving the Service Recipient of access to all services provided by the Service Provider at Diamondherd.com. Suspension of Electronic Services may consist, for example, of suspension of access to the Account of the Service Recipient. During the suspension of the Account, it is not possible to log into the Account and use its functionality and resources. Suspension of the Account may also result in the withdrawal of all Advertisements issued through it and disable the visibility of the Breeding Profile on the Website.
   d.Limitation or suspension of Electronic Services may be for a specified period of time (not more than 30 calendar days at a time) indicated by the Service Provider or for an indefinite period of time (until the reason for the applied limitation or suspension ceases to exist). During the limitation or suspension of Electronic Services, the Service Recipient is obliged to take action to remove the reason that was the basis for the decision of limitation or suspension, and after removing them, he is obliged to inform the Service Provider immediately. The Service Provider shall revoke the imposed limitations or suspensions immediately after the expiration of the period of their application, and in the case of a decision made for an indefinite period of time - immediately, but no later than within 10 calendar days of receiving information about the cessation of the reason for their application.
   e. If the decision to limit or suspend services was based on suspicious activity related to the Service Recipient's Account (e.g., third-party logins - Section 10.7(a)(viii)), the Service Recipient is obliged to clarify with the Service Provider the reasons for these activities and, if necessary, take additional measures to ensure that these reasons do not occur in the future (e.g., setting a new strong access password, installing anti-virus software). The Service Provider, guided by the safety of the Site and other Service Recipients, may condition the revocation of imposed limitations or suspension of services on the Service Recipient's explanation of the reasons for these activities and the taking of additional measures recommended by the Service Provider, as referred to in the preceding sentence.
   f.The Service Provider shall decide how and to what extent to limit, suspend or terminate the provision of Electronic Services to a particular Service Recipient in a manner that is reasonable, necessary and proportionate to the nature and extent of the occurrence of the grounds for a particular decision and its consequences for a particular Service Recipient. Before making a decision, the Service Provider shall, to the extent possible, notice the Service Recipient to cease violations, and only if the notice would be ineffective or impossible or would be inexpedient due to the nature, scope or repetition of violations - the Service Provider may make an appropriate decision to limit, suspend or terminate Electronic Services. The Service Provider first undertakes to make a decision to limit, and then only to suspend the provision of Electronic Services, if the limitation itself proves insufficient or would be inexpedient due to the type, scope or repetition of previous violations of the Service Recipient.
   g. In the event of a decision to limit or suspend the provision of Electronic Services to a given Service Recipient, the Service Provider shall communicate to that Service Recipient - before or at the time the decision to limit or suspend takes effect - the reasons for the decision by means of an e-mail message.
   h. Termination of the provision of Electronic Services shall be considered as a final termination of the agreement with the Service Recipient on the use of Diamondherd.com services, and may occur only on the following grounds:
   i.when the application of limitation and suspension of services proves to be ineffective or inexpedient due to the flagrant nature and persistence of violations carried out so far by the Service Recipient;
   ii.when the previously applied suspension of the Account lasts at least 30 calendar days, and the reasons for it have still not ceased;
   iii. in the case of the grounds indicated in sec. 10.7(a)(ix - xi).
   As a consequence of the termination of services, the Service Recipient's Account and the data assigned to it, including Advertisements, are irretrievably deleted.
   i. In the event that the Service Provider decides to terminate the provision of all of its Electronic Services to a given Service Recipient, it shall provide that Service Recipient, at least 30 days prior to the date on which the decision to terminate the provision of Electronic Services takes effect, with the reasons for such decision by means of an e-mail message. The notice period referred to in the preceding sentence shall not apply if the Service Provider:
   i. is subject to a legal or regulatory obligation under which it is required to terminate the provision of all of its Electronic Services to a given Service Recipient in such a manner that it is unable to comply with this notification period,
   ii.exercises the right to terminate services for an overriding reason that arises under national law that is compatible with European Union law,
   iii.may demonstrate that a given Service Recipient has repeatedly violated the Terms and Conditions, resulting in termination of the entire provision of the Electronic Services in question.
   In the aforementioned cases where the notice period does not apply, the Service Provider shall communicate to the Service Recipient in question, without undue delay, the reasons for this decision by means of an e-mail message.
   j.The justification for a Service Provider's decision to limit, suspend or terminate the provision of Electronic Services must include a reference to the specific facts or circumstances - including the content of notifications received from third parties - that led to the Service Provider's decision, as well as a reference to the applicable basis for the decision, as referred to in this section of the Terms and Conditions. The Service Provider does not have to provide (1) a statement of reasons where it is subject to a legal or regulatory obligation not to provide specific facts or circumstances, or (2) a reference to the applicable basis or bases where it can demonstrate that the Service Recipient in question has repeatedly violated the Terms and Conditions, resulting in termination of the entire Electronic Services in question.
   k. In the event of limitation, suspension or termination of Electronic Services or other sanctions listed in Section. 10.3 - 10.6 of the Terms and Conditions, the Service Provider shall provide the Service Recipient affected by the sanction with an opportunity to clarify the facts and circumstances that are the basis for its application within the complaint procedure referred to in Section. 14 of the Terms and Conditions. In the event that the Service Provider revokes its decision to limit, suspend or terminate services, it shall, without undue delay, restore the Service Recipient's access to such services, including restoring his access to personal or other data that resulted from his use of Electronic Services before the decision on such limitation, suspension or termination took effect.
   8. Termination of the Service Recipient's access to the Electronic Services by any means shall be without prejudice to the retention of the Service Recipient's data for the period of time necessary for the remaining purposes of processing (other than the use of the Electronic Services) in accordance with the privacy policy of the Website.
   

11) Placement of advertisments

1. The Service Provider uses Ad placement on Diamondherd.com, which involves assigning certain Ads a higher position in the Ads search list than other Ads posted on the Website.
   2.The Service Provider indicates the main parameters determining Ads placement:
   a. the use of paid promotion of Ads by advertisers (including highlighting or bumping them up in the list of Ads) - Ads of this type are appropriately marked in a manner indicating their paid promotion;
   b. the date the Advertisement was added to the Website (in order from newest to oldest) or any other parameter applied by the Service Recipient - the Service Recipient may use voluntary sorting and filtering content options in the Search Engine, thus influencing the placement of Advertisements on their own;
   c.Placing the Advertisement in the correct category,
   d.Use of search-relevant phrases in the title and content of the Ad;
   e. The presentation quality of the Advertisement, visual features and their description;
   f. Adding photos in the Advertisement, including the number of photos added.
   3. The parameters determining the placement of Advertisements on Diamondherd.com are designed to, on the one hand, make it easier and faster for the Service Recipient to find an Advertisement that suits their interests, and, on the other hand, to increase the advertisers' chances of reaching their target audience with their Advertisements.
   4. The Service Recipient - advertiser may take advantage of paid methods of promotion for their Ads. Paid promotion may consist, in particular, in (1) highlighting the Advertisement through the use of graphic distinctions intended to attract the attention of the Service Recipients or (2) bumping up the Advertisement by placing it at the top of the list of Advertisements in a given category, i.e. above the other Advertisements for which promotion has not been purchased. In the event that several bumped Ads appear on the list, the parameter determining their placement is the date of their bump (the more recent the bump - the higher the position). Detailed information about paid promotion and its impact on the placement of Ads is available in the Price List.
   
   

12) Access to data at diamondherd.com

1. The Service Provider and the Service Recipients when using the Website may access the following categories of personal data or other data that the Service Recipients provide for the use of Diamondherd.com or that is generated as a result of their use of Diamondherd.com:
   a. Service Recipient who does not have an Account: data publicly available on Diamondherd.com when browsing it, such as basic data of Service Recipients posted by them within Ads or on Breeding Profiles (e.g. name, company name, location, email address, telephone number, social media links) and other potential data contained in the titles and descriptions of individual Ads added on Diamondherd.com, including information about the animals that are the subject of the Ads (their age, breed, species, origin or other characteristics), as well as the number of views of a given Ad;
   b. A customer who has an Account: data such as in sec. 12.1(a) above, and in addition: information voluntarily provided by them in the course of using Diamondherd.com (including information provided within the Account); information voluntarily provided to them by another Service Recipient in private messages sent by Diamondherd.com; information about articles they added to the Blog;
   c. A Service Recipient who has an Account and posts an Advertisement: data such as in sec. 12.1(a) and 12.1(b) above, and in addition: information about the history of the Advertisements they posted; information about inquiries received from other Service Recipients in connection with the Advertisements; information voluntarily provided by them in the Advertisements or on the Breeding Profile; history of purchases made;
   d. Internet Service Provider: shall have access to all data provided to and generated by each Service Recipient using Diamondherd.com, including those accessed by registered Service Recipients in accordance with the rules indicated in the preceding provisions.
   2. The controller of the personal data processed on the Website in connection with the implementation of the provisions of these Terms and Conditions is the Service Provider. Personal data shall be processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the Website. The privacy policy primarily contains the rules regarding the processing of personal data by the Service Provider on the Website, including the grounds, purposes and duration of the processing of personal data and the rights of data subjects, as well as information regarding the use of cookies and analytical tools on the Website. The use of the Website is voluntary. Likewise, the related provision of personal data by the user of the Website is voluntary, subject to the exceptions indicated in the privacy policy (e.g., use of Electronic Services and statutory obligations of the Service Provider).
   3. Service Recipients are obliged to process the data obtained through the Website in accordance with generally applicable laws, exercise due diligence to protect the personal data they receive from others through Diamondherd.com, and are obliged not to use the obtained data for purposes other than those resulting from the scope of their consent or for the proper performance of their obligations to other Service Recipients (e.g., in the case of contact to conclude a contract on the subject of the Advertisement), unless the basis for such action is authorized by other generally applicable laws. If any transactions are concluded on the basis of Advertisements posted on Diamondherd.com, the Service Recipients become the controllers, independent of the Service Provider, of the personal data processed as part of the concluded transactions.
   
   

13) Contact with the service provider

The primary form of ongoing remote communication with the Service Provider is the Contact Form and e-mail (e-mail: [email protected]), through which information regarding the use of Diamondherd.com can be exchanged with the Service Provider. Service Recipients may also contact the Service Provider in other ways permitted by law, using the contact information indicated at the beginning of the Terms and Conditions.

14) Complaint procedure

1. This Section 14 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints submitted to the Service Provider, in particular complaints regarding Electronic Services and other complaints related to the operation of the Service Provider or the Website.
   2. Additional information on the Service Provider's liability according to the law is indicated below:
   a.The basis and scope of the Service Provider's liability to the Service Recipient when the Electronic Service is provided in a manner inconsistent with the contract shall be determined by generally applicable laws, in particular the Polish Civil Code, taking into account any contractual modifications of the Service Provider's liability under these Terms and Conditions, in particular Section 17. of the Terms and Conditions.
   b.In addition, in the case of a complaint involving digital content or digital services purchased by a Service Recipient who is a Consumer or an Entrepreneur with Consumer Rights under a contract concluded with the Service Provider on or before January 1, 2023, if the delivery of such content or service was to take place or occurred after that date, the provisions of the Consumer Rights Law as in effect on January 1, 2023, in particular Articles 43h - 43q of the Consumer Rights Law, shall apply. These provisions, in particular, define the basis and scope of the Service Provider's liability to the Consumer and the Entrepreneur with Consumer Rights in the event of non-compliance of the digital content or digital service with the concluded contract.
   3. Complaints related to the operation of the Website, including its Electronic Services, may be submitted, for example, by electronic mail (e-mail) to: [email protected] or in writing to: .
   4. The Service Provider recommends providing in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the expectations of the Service Recipient; and (3) the contact information of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
   5. If the complainant changes the contact information provided during the processing of the complaint, he is obliged to notify the Service Provider.
   6. The complainant may attach evidence (e.g. photos, documents or screenshots) related to the subject of the complaint. The Service Provider may also ask the complainant to provide additional information or send evidence (e.g. photos) if this will facilitate and expedite the Service Provider's consideration of the complaint.
   7. The Service Provider will respond to the complaint immediately, but no later than within 14 calendar days of receipt.
   

15) Statutory right of withdrawal

1. Consumer who has concluded a remote contract may withdraw from the contract within 14 calendar days without stating a reason and without incurring costs, subject to the exceptions indicated in Section. 15.4 and the costs specified in sec. 15.5 of the Terms and Conditions.
   2. The period for withdrawal from the contract, the subject of which is Electronic Services, begins from the date of conclusion of the contract.
   3. To meet the deadline it is sufficient to send a statement before the deadline for withdrawal from the contract. The statement of withdrawal from the contract may be submitted, for example, in electronic form via e-mail to: [email protected] or in writing to: ..... For this purpose, the consumer may use the model statement of withdrawal from the contract, which is attached as Appendix No. 2 to the Consumer Rights Act, but this is not mandatory.
   4. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer, among other contracts: (1) for the provision of services for which the Consumer is obliged to pay the price, if the Service Provider has performed the service in full with the express and prior consent of the Consumer, who was informed before the start of the service that after the Service Provider's performance, he will lose the right to withdraw from the contract, and accepted it; (2) for the provision of digital content that is not recorded on a tangible medium, for which the Consumer is obliged to pay the price, if the Service Provider has commenced performance with the express and prior consent of the Consumer, who was informed before the commencement of performance that after the Service Provider's performance he will lose the right to withdraw from the contract, and accepted this, and the Service Provider has provided the Consumer with the confirmation referred to in Art. 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act.
   5. Consequences and costs associated with the exercise of the right of withdrawal:
   a. In the case of withdrawal from the contract, the subject of which is digital content or digital services - the Service Provider, from the date of receipt of the Consumer's statement of withdrawal from the contract, may not use content other than personal data provided or created by the Consumer during the use of digital content or digital service - provided by the Service Provider, except for content that: (1) are useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate exclusively to the Consumer's activities during the use of the digital content or digital service provided by the Service Provider; (3) have been combined by the Service Provider with other data and cannot be separated from them or can be separated only with the expenditure of disproportionate efforts; (4) have been produced by the Consumer jointly with other Consumers, who can still use them. Except for the cases referred to in (1)-(3) above, the Service Provider shall, upon the Consumer's request, make available to the Consumer content other than personal data that was provided or created by the Consumer in the course of using the digital content or digital service provided by the Service Provider. In the event of withdrawal from the contract, the Service Provider may prevent the Consumer from further use of the digital content or digital service, in particular by preventing the Consumer from accessing the digital content or digital service from their Account on Diamondherd.com, which shall not affect the Consumer's rights referred to in the preceding sentence. The Consumer shall have the right to recover the digital content from the Service Provider free of charge, without hindrance from the Service Provider, within a reasonable period of time and in a commonly used machine-readable format.
   b. In the event of withdrawal from the contract, the subject of which is digital content or digital services provided by the Service Provider, the Consumer is obliged to stop using the digital content or digital service and making it available to third parties.
   c. In the case of withdrawal from a contract to which none of the exclusions indicated in Section 15.4 above apply, the Service Provider is obliged to return to the Consumer all payments made by the Consumer immediately, no later than within 14 calendar days from the date of receipt of the Consumer's statement of withdrawal from the contract. The Service Provider shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement that does not involve any costs for him.
   d.In the case of a service, the performance of which - at the express request of the Consumer - began before the expiration of the deadline for withdrawal from the contract, the Consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the services performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the service provided.
   6. The provisions contained in this Section 15. of the Terms and Conditions concerning the Consumer shall also apply to contracts concluded with the Service Recipient who is an Entrepreneur with the Consumer Rights.
   

16) Out-of-court procedures for handling complaints and investigating claims, as well as rules of acces these procedures

1. Out-of-court dispute resolution methods include (1) allowing the parties' positions to be brought closer together, e.g., through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) settling the dispute and imposing a solution on the parties, e.g., through arbitration (conciliation court). Detailed information on the consumer's ability to use out-of-court complaint and redress procedures, as well as the rules of access to these procedures and a friendly search engine of amicable dispute resolution entities are available on the website of the Polish Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
   2. There is also a contact point at the President of the Polish Office of Competition and Consumer Protection, whose task is, among other things, to provide Consumers with information on matters concerning out-of-court settlement of consumer disputes. The point can be contacted by the Consumer: (1) by telephone - by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail - by sending a message to: [email protected] or (3) in writing or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw, Poland (00-030).
   3. The consumer has the following examples of out-of-court means of dealing with complaints and claims: (1) an application for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the place of the Service Provider's business); and (3) assistance from a county (city) Consumer Ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at [email protected] and at the consumer hotline number 801 440 220 (the hotline is open on weekdays, from 8:00 a.m. to 6:00 p.m., call charge according to the operator's tariff).
   4. A platform for online EU-level consumer dispute resolution (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for Consumers and businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales or service contract (for more information, visit the platform itself or the Polish Office of Competition and Consumer Protection's website address: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
   

17) Additional provisions -concerning entrepreneurs

1. This Section 17 of the Terms and Conditions and all the provisions contained therein are addressed to and thus binding only on the Service Recipient who is neither a Consumer nor an Entrepreneur with Consumer Rights.
   2. The Service Provider has the right to withdraw from the contract for the provision of Electronic Services concluded with the Service Recipient within 14 calendar days from the date of its conclusion. Withdrawal in this case may occur without giving any reason and does not give rise to any claim on the part of the Service Recipient against the Service Provider.
   3. Resignation of the Service Recipient from paid Electronic Services (including Premium Account) after their purchase does not them to receive a refund of payment for the unused time of their duration, nor does it relieve them from the obligation to pay for the initiated services, regardless of the reason for such cancellation.
   4. In case of reasonable suspicion regarding the truthfulness, reliability and accuracy of the information provided by the Service Recipient (e.g. within the Account or Advertisement), the Service Provider is entitled to take action to verify this information. In the area of verification, the Service Provider is entitled, among other things, to request the Service Recipient to send a scan of certificates, certifications or other documents in his possession necessary for verification. During the verification referred to in the preceding sentence, the Service Provider may also apply a limitation or suspension of Electronic Services to the Service Recipient, in accordance with Section. 10.7(a) of the Terms and Conditions.
   5. The Service Provider shall be liable to the Service Recipient, regardless of its legal basis, only up to the amount of the fees paid for the last year for the use of the Website, and in any case no more than the amount of 500.00 (five hundred) PLN. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Service Recipient against the Service Provider, including those not using any Electronic Service or not related to Electronic Services. The Service Provider shall be liable to the Service Recipient only for typical and actual damages foreseeable at the time of conclusion of the contract for the use of Diamondherd.com services, excluding lost profits.
   6. The Service Provider shall not be liable to the Service Recipient for damages and non-fulfillment of obligations resulting from a force majeure event (e.g., unannounced power or Internet outages, hacking, natural disasters, floods, fires, earthquakes, epidemics, riots, riots and wars, acts of the executive and legislative branches of government) or any other cause beyond the control of the Service Provider.
   7. Any disputes arising between the Service Provider and the Service Recipient shall be submitted to the court having jurisdiction over the seat of the Service Provider.
   

18) Copyright ofo Diamondherd.com and service user's content

1.Copyright and intellectual property rights to the Website as a whole and its individual elements, including content, graphics, works, designs and signs available within its framework belong to the Service Provider or other authorized third parties and are protected by Copyright Law and other provisions of generally applicable law. Protection of the Website includes all forms of its expression.
2. The Website should be treated like any other work subject to copyright protection. The Service Recipient is not authorized to copy the Website except as permitted by mandatory laws. The recipient also agrees not to modify, adapt, translate, decode, decompile, disassemble or otherwise attempt to determine the source code of the Website, except as permitted by mandatory provisions of law.
3. Trademarks of the Service Provider and third parties should be used in accordance with applicable laws.
4. A Service Recipient posting any content on Diamondherd.com that is protected by the Copyright Law shall ensure that they hold the copyright or other legally required permissions to the extent that it is allowed to distribute such content on Diamondherd.com, in particular the copyright or required licenses, permissions and consents to use, distribute, share, publish, etc., especially the right to publish and distribute on the Internet, the online system, and the right to use and distribute the image in the case of content that includes the image of third parties. In the event that a person or a third party makes a claim against the Service Provider due to infringement of their rights as a result of the posting of certain content on the Website, the Service Recipient shall cooperate with the Service Provider to clarify the situation and indemnify the Service Provider from any liability for the infringements made by the Service Recipient, including by settling the claims of the aforementioned persons and third parties.
5. As soon as a Service Recipient posts content to Diamondherd.com, to which that Service Recipient holds copyright or other legally required permissions, a royalty-free, non-exclusive, transferable and assignable license to use the received content is granted to the Service Provider, including the right to use the copyright, without limitation as to territory and time (but not less than for the duration of the contract for use of the User’s Account), in the following fields of exploitation: (1) permanent or temporary distribution, display, reproduction and storage of such content by digital technique, including via computer, mobile devices and the Internet, for the purposes of proper provision of Electronic Services to all Service Recipients of Diamondherd.com and the possibility of conducting promotion and advertising of Diamondherd.com via social media profiles; (2) permanent or temporary reproduction of such content, in whole or in part, by digital technique, to the extent that reproduction is necessary for distribution, display, reproduction and storage for the purposes provided for above; (3) making available to the public via the Diamondherd.com website and in the Service Provider's social media in such a way that anyone can access it at a time and place of their choosing.
6. The license referred to in section 18.5 above, includes the Service Recipient's permission for the Service Provider to use the content posted by the Service Recipient without indicating the authorship (name, surname, etc.) of the Service Recipient. The Service Recipient also consents to the Service Provider's elaboration of such content without agreeing with the Service Recipient and further use of such elaborations to the extent provided for in section 18.5 of the Terms and Conditions.

19) Technical breaks and failures

1. The Service Provider shall make reasonable efforts to ensure the proper and uninterrupted functioning of the Website. However, due to the complexity and sophistication of the Website and its Electronic Services, as well as due to external factors beyond the Service Provider's control (e.g. DDOS - distributed denial of service attacks), it is possible that errors and technical failures may occur that prevent or limit in any way the functioning of the Website. In such a case, the Service Provider will take all possible and reasonable measures to ensure that the negative effects of such events are reduced as much as possible.
   2. The Service Provider shall immediately inform the Service Recipients of any errors and technical failures referred to above and the expected date of their removal.
   3. In addition to interruptions due to errors and technical failures, there may be other technical breaks during which the Service Provider takes measures to develop the Website and protect it from errors and technical failures.
   4. The Service Provider plans technical interruptions in such a way that they are the least onerous for the Service Recipients, in particular that they are planned for times with reduced traffic on the Site (e.g., night hours) and only for the time necessary for the Service Provider to perform the necessary actions. The Service Provider shall inform Service Recipients of planned technical breaks well in advance, also indicating the expected duration of the planned break.
   5. The Service Provider shall not be liable to the Service Recipients for damages and non-fulfillment of obligations resulting from any errors, technical failures and breaks referred to in this Section. 19 of the Terms and Conditions. This clause of the Terms and Conditions is not intended to exclude or limit any of the rights of a Service Recipient who is a Consumer or Entrepreneur with Consumer Rights as provided by generally applicable laws, in particular with regard to the Service Provider's liability.
   
   

20) Final provisions

1. These Terms and Conditions may also be made available by the Service Provider in other language versions. Each translation is prepared with due care; however, Service Provider cannot guarantee that it is error-free. In case of discrepancies in the interpretation of the provisions of the Terms and Conditions resulting from differences between the content of the translation and the original version of the Terms and Conditions prepared in Polish, the Polish version shall prevail. In case of any doubts as to the interpretation of the Terms and Conditions, they shall be resolved by referring to the Polish language version available on the Website.
   2. Amendments to the Terms and Conditions:
   a. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, that is: changes in the law; being subject to legal or regulatory obligations; changes in the scope or form of the Electronic Services provided; addition or deletion of Electronic Services; changes in payment methods and deadlines; the need to counteract unforeseen and imminent threats related to the protection of the Website, including Electronic Services and Service Recipients from fraud, malware, spam, data breaches or other cyber security threats; to introduce or change the fees for the use of the Website; to improve the quality of service to Service Recipients; to change the Service Provider's data - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
   b.The notification period for the proposed changes prior to their implementation shall be at least 15 days from the date of notification, subject to Section. 20.2 (d) and (e) of the Terms and Conditions. The Service Recipient has the right to terminate the contract with the Service Provider before the expiration of the notification period. Such termination shall take effect within 15 days of receipt of the notification.
   c. In the case of the conclusion of a contract of a continuous nature (such as a contract for the use of an Account), the amended Terms and Conditions are binding on the Service Recipient if they have been properly notified of the changes in accordance with the notification period prior to their implementation and have not terminated the contract during this period. In addition, at any time after receiving notification of the changes, the Service Recipient may accept the changes made and thus waive the continuation of the notification period. In the event that the changes to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Service Recipient who is a Consumer or Entrepreneur with Consumer Rights has the right to withdraw from the contract.
   d. In the case of conclusion of a contract of a different nature than continuous contracts, the amendments to the Terms and Conditions will not in any way affect the rights acquired by the Service Recipient before the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions will not affect contracts already executed and performed.
   e. The Service Provider may amend the Terms and Conditions without observing the 15-day notice period referred to in Section. 20.2 of the Terms and Conditions, in case the Service Provider:
   i. is subject to a legal or regulatory obligation under which it is required to amend the Terms and Conditions in a way that prevents it from meeting the 15-day notification period;
   ii. must exceptionally amend its Terms and Conditions to address unforeseen and imminent risks related to the protection of the Website, including the Electronic Services and Service Recipients from fraud, malware, spam, data breaches or other cyber security threats.
   f. In cases referred to in sec. 20.2(e) of the Terms and Conditions, the introduction of changes shall take place with immediate effect, unless it is possible or necessary to apply a longer period for the introduction of changes, of which the Service Provider shall notify in each case.
   3. The law applicable to contracts concluded between the Service Provider and the Service Recipient under these Terms and Conditions is Polish law. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002 No. 144, item 1204, as amended); Copyright Law; the Act on Consumer Rights and other relevant provisions of generally applicable law.
   4. Any disputes between the Service Recipients and the Service Provider that may arise from these Terms and Conditions and agreements concluded through Diamondherd.com, in the absence of the possibility of their amicable resolution, will be submitted to the jurisdiction of the Polish courts. The stipulation referred to in the preceding sentence does not exclude or limit any mandatory rights of the Consumer with regard to the possibility of choosing the jurisdiction granted to them under the provisions of national law, EU law or provisions of international agreements, which cannot be excluded by these Terms and Conditions.
   5. The Terms and Conditions do not exclude the provisions in force in the country of habitual residence of the Consumer entering into a contract with the Service Provider, which cannot be excluded by contract. In such a case, the Service Provider guarantees the Consumer the protection afforded to them under the provisions that cannot be excluded by contract.
   
   

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Diamondherd.com team