Terms of use -

Ambergates.com Terms of Use dated as of the 9th of November 2009

§1 Introduction
The following Terms of Service were ERECTED in accordance with Laws of the Republic of Poland. The subject of herein provisions are the conditions of use and functioning of Ambergates.com web services appearing under the following internet address http://www.ambergates.com. Terms of Service define the rights and obligations of registered Users and Customers as well as the rights, obligations and the extent of Ambergates.com responsibilities as the party providing the Services. At the time of registration each potential User and Customer is obliged to become familiar with the contents of Terms of Use and can conduct further actions upon the expression of consent and acceptance of all its provisions;

§2 Definitions used hereinafter mean:
2.1 Ambergates.com — the subject providing the Service of sharing the assets with Users and Customers of the Web Services, being Ambergates Wysocki Dariusz with the registered office in Bielsko-Biała at Goździków 4 street, postcode 43-316, registered as commercial subject under the number 64835, using the following Tax Identification Number (NIP): PL 547-146-93-83 , and Statistic number 070869692;
2.2 Price list - prices of electronic services provided for Customers, available at http://www.ambergates.com;
2.3 Interface - web application available after logging on www.ambergates.com website allowing the administration of the electronic service;
2.4 Account
2.4.1 Private account - data provided with the consent of Users of the Service, and processed for the purpose of providing the Service by Ambergates.com; Account by the interface allows to give an opinion, bookmark favourite brands, shops and service providers and to receive information on Promotions from selected Ambergates.com Customers;
2.4.2 Business account - data provided with the consent of Customers of the Service, and processed for the purpose of providing the Service by Ambergates.com; It allows the presentations of the commercial subject, especially its offer, services, products and promotions.
2.5 Customer - entrepreneur, legal person, entity not having a legal personality registered in the National Court Registry, individual conducting a commercial activity not being a consumers by the means of the Civil Code and registered at Ambergates.com services;
2.6 Fee - Payables due for electronic Service provided by Ambergates.com to Customers, paid in advance for twelve (12) months of providing the Service;
2.7 Opinion - statement reviewing the quality of services, products and customer service.
2.8 Promotions - (reduction in prices, rebates, deductions, abatements, discounts or sales) offered to Users of Ambergates.com website by Customers of Ambergates.com or by the third party.
2.9 Website - consumers' community portal of Ambergates.com appearing under the internet address of http://www.ambergates.com, being the internet platform providing Users with possibility of exchanging opinions about the quality of services, products of Ambergates.com Customers and electronically providing Users with other Services.
2.10 User - physical domestic or foreign person, which completed the registration on the Website, not being a Customer;
2.11 Service – the presentation of internet websites based on the presentation of the websites, companies' business cards and credible opinions of consumers community together with the exchange of information on the quality of services, products and customer care, provided by Ambergates.com in accordance with the specification and the Price List provided on the http://www.ambergates.com website; provided for Customers and the Third Parties.

§3. Technical Terms of Use
3.1 The owner of the Web Services is Ambergates Wysocki Dariusz with the registered office in Bielsko-Biała at Goździków 4 street;
3.1 Ambergates.com provides through the Website the following Services: presentation of information bulletins, data bases, e-commerce and promotions, by presenting companies' showcases and credible opinions of consumers community together with the exchange of information in the subject of quality of the service, products, and customer care. Ambergates.com processes, gathers, preserves, and stores the data of Users and Customers of the Website in order to provide the quality of Service, especially in terms of managing Account data base. Website concentrates on the topics of fashion, cosmetics, women's wellness;
3.2 Website is not a store and it does not conduct detailed consumer sale, it also does not provide legal aid services;
3.3 The use of the Website is voluntary and free for all Users upon the proper registration. Presentation of companies' showcases and commercial adds by Customers is regulated by the specification and the Price List provided at http://www.ambergates.com;
3.4 Copyrights of presented information and their descriptions, including the data base, are owned by Ambergates.com. Trade marks used on the Website are registered by their owners and they were provided only as means of identification and as "Hyperlinks" to presented websites.
3.5 Ambergates.com does not have a control over the contents of created and published materials on the websites and is not responsible for availability of given websites. Additionally, the hyper-links to websites not owned by Ambergates.com do not suggest that Ambergates.com supports given business, products or services displayed on these websites. The User follows Hyperlinks to these websites on his own risk and responsibility. Before connecting to the other website it is obligatory to read and accept the terms of use of the given website;
3.6 Trade name Ambergates.com, concept, graphic design, software and database are protected by law;
3.7 Users' personal data and data provided by Customers are stored and processed on Ambergates.com server located within the borders of The Republic of Poland.
3.8 The proper and full use of the Service provided by Ambergates.com is possible only by an internet-connected PC, Mac or similar class device with the operating system (i.e. Linux, Mac OS, Windows and other) and internet browsing software (i.e. Firefox, Opera, Safari and other) accepting cookie files, e-mail account and JavaScript enabled.

§4. User Registration, personal data protection
4.1 The subject of Website's activity is gathering and processing of Website Users' data in order to provide top quality of provided Service, particularly by managing Ambergates.com Accounts data base;
4.2 Ambergates.com provides Users with personal data protection of gathered information on the Website by restricting the data to the Third Parties, in accordance with Data Protection Act of the 29th of August 1997 (Journal of Laws of Republic of Poland number 101 position 926, 2002 with later amendments) zm.), and the Terms of Service. The administrator of the data base is Ambergates.com.
4.3 Providing the personal data by Users is voluntary. Ambergates.com does not verify provided personal data;
4.4 By the virtue of above mentioned Act, Users have right to access, modify and delete in all times.
4.5 Account deletion follows upon User's request sent by email to Ambergates.com. As the result of Account deletion, User's personal data is deleted and the User is no longer permitted to use the Services. Account deletion does not include the deletion of login, opinions, comments and other Website activities, which does not allow to identify the person, unless otherwise stated in the Terms of Use.
4.6 Personal data gathered in the Website's database is not disclosed to the Third Parties.
4.7 The User of the Account is obliged to provide in the registry form, personal data accordant with the truth: first name, surname, date of birth and sex.
4.8 User gives Ambergates.com consent to store small text files (cookie files) on his computer, for the proper service provision by Ambergates.com. These files do not gather User's personal data, do not change the configuration of his device, do not install or UN-install any software, computer viruses or Trojans, do not interfere with system's integrity or User's personal files, are not processed by other websites and can be deleted by the User at any time.
4.9 Upon successful registration, the User declares that he or she:
4.9.1 familiarised with the contents of Terms of Service and accepted all its provisions,
4.9.2 gives consent for receiving system information, Website administrator messages, and information on difficulties, changes or site maintenance,
4.9.3 gives consent for publishing of highlighted information in the registration form over the internet, in a described way in the appropriate part of the Website.
4.9.4 gives consent for processing, gathering, recording, storing, elaborating and deleting of User's personal data by Ambergates.com in extent essential for providing Services by Ambergates.com,
4.9.5 gives consent for processing, gathering, recording, storing, elaborating and deleting of User's personal data by Ambergates.com, for marketing and statistical purposes,
4.10 The User gives consent for receiving trade information from Ambergates.com in accordance with Article 10 of the Electronic Services Act of 18th July 2002. (Journal of Laws of Republic of Poland no. 144, position 1204) The information will be sent to e-mail provided during registration and through individual messages from Ambergates.com infrastructure to the infinite number of Users.
4.11 Ambergates.com can condition the provision of some Services on additional User's consent for processing and disclosing the personal data to the Third Parties in range necessary to provide the Service. User will be informed each time when his or her consent for processing or disclosing personal information to the Third Parties is required.
4.12 The consent, mentioned in sections 4.9, 4.10, 4.11 can be withdrawn. Consent withdrawal does not cohere with the necessity of User Account deletion.
4.13 Ambergates.com is not responsible for outcomes resulting from submitting false or incorrect data.
4.14 Before using the Website, each User should complete full registration of the Account. The registration requires proper filling of the registration form available at www.ambergates.com, and by confirming the activation link sent at the provided email address in the registration form.
4.15 User should update the personal data recorded at Ambergates.com accordingly.
4.16 Each Account should be dedicated only to one User. User is not allowed disclose Account information to Third Parties. If during above mentioned disclosure, any Third Party suffers any kind of loss or damage, the User will be obliged to cover such loss or damage.
4.17 Ambergates.com has a right to refuse he registration of the User or delete User Account without notice, if:
4.17.1 The aim of registration if clearly in conflict with rules and aims of the Website.
4.17.2 User activity is in conflict with binding social standards, encourages violence or criminal offence, and infringes rights of the Third Parties.
4.17.3 User flagrantly infringes provisions of the Terms of Use, infringes rights of Third Party, especially other Users of the Website,
4.17.4 User publishes defamatory or vulgar content within Opinions,
4.17.5 User publishes commercial adds or other notices of commercial matter.
4.18 In case of minor infringements Ambergates.com can exercise a temporary Account suspension.
4.19 Ambergates.com will inform the User of any suspension or deletion of the Account by any means, especially by sending a message at the provided e-mail address or through an individual private message.

§5 Customer registration in the Website, personal data protection, conclusion of the contract.
5.1 In order to conclude the contract, the Customer during the registration attests the truth of the following data:
5.1.1 Surname and first names,
5.1.2 Full name of the business and Tax Identification Number,
5.1.3 physical person residing address, or legal person registered office address,
5.1.4 address for correspondence and invoicing if it is different from the above mentioned,
5.1.5 e-mail address, phone number
5.1.6 name and internet address of the store or website
5.2 The conclusion of the agreement is preceded by registration of the Service and the trail period lasting fourteen (14) days from the day of the Service registration.
5.3 Upon registration, the Customer declares that he:
5.3.1 become familiar with the contents of Terms of Use of electronically provided Service,
5.3.2 gives consent for concluding the agreement through electronic means
5.3.3 gives consent for gathering, processing and use of the data.
5.4 Customer gives consent for receiving trade information from Ambergates.com in accordance with Article 10 of the Electronic Services Act of 18th July 2002. (Journal of Laws of Republic of Poland no. 144, position 1204) at the email address provided during registration and through individual messages sent through Ambergates.com infrastructure.
5.5 The conclusion of Service Providing Agreement begins with the moment when the payables due for the chosen term of providing Service, are entered into books of Ambergates.com bank account.
5.6 If the amount due is not paid into Ambergates.com bank account within fourteen (14) days from the day of registration of Service, the access to Website Interface will be blocked. If the amount due in not paid into Ambergates.com bank account within fourteen (14) days from the day of blocking the interface, the agreement is rendered void, and the data gathered since the day of registration will be deleted. Ambergates.com does not charge for the trial period, for the period when the interface was blocked due to not receiving the payment, and for the free account Starter.
5.7 All paid Services provided by Ambergates.com require an order placement, and are provided only for physical and legal persons not being consumers in accordance to Civil Code regulations.
5.8 Ambergates.com does not process Customer personal data after the termination of electronically provided Service, apart from the data:
5.8.1 necessary for settling accounts and assertion of claims as a compensation for using the Service,
5.8.2 necessary for advertising purpose, market research, Customers' market behaviour and preferences for improvement of Services provided by Ambergates.com, with Customer's consent,
5.8.3 necessary for clearing the circumstances of illegal use of the Service,
5.8.4 allowed for processing pursuant to other Legal Acts or agreements.
5.9 Processing of the data in other than above mentioned purposes, requires Customer's consent. The consent can be withdrawn.
5.10 The pay-off for electronically provided Service presented to Customer does not reveal the type, duration, frequency and other technical characteristics of Services ordered by the Customer, unless the Customer demands detailed information in this matter.
5.11 Specification of data in reference to the use of different electronically provided Services by Customers, under the condition of deleting all markings identifying the Customer (anonymous data), network terminations or networking system which the Customer was using (unless the Customer expressed consent for not deleting such markings) is lawful for the purpose of advertising, market research, Customer preferences survey and probing market behaviour in order to improve the Services provided by Ambergates.com.
5.12 Each party has a right to terminate the agreement without giving the reason, within thirty-days (30 days) notice from the day of sending email message at other side's email address with the expression of agreement termination.

§ 6 Realisation of the Service for Users
6.1 After registration, User will receive an email message with the Account activation link.
6.2 Opinions are expressed exclusively by Users. Stated Opinions do not represent views, beliefs, expectations and intentions of Ambergates.com, Third Parties, managing subjects, sponsors and supporting subjects or subjects using Ambergates.com Services.
6.3 Ambergates.com does not edit Users' statements, but reserves the right to delete them, when:
6.3.1 statements violate personal goods or social standards, or are abusive and vulgar.
6.3.2 user publishes commercial adds or any other materials or commercial notices,
6.3.3 statements include personal, domicile, or email address.
6.3.4 statements infringing patent rights, copyrights, trade secrets, or other property rights.
6.4 Ambergates.com reserves the right to disclose User provided data and the all the published contents if the obligation stipulates from the binding law.
6.5 Publishing information gathered in Ambergates.com Website is not a legal aid service. Ambergates.com is not responsible for any decisions or solutions based on the information Ambergates.com Website. Before making a decision in the current state, it is required to consult a proper advisor.
6.6 Favourite sites is a Service which allows Users to bookmark addresses, links to favourite websites or internet stores presented on Ambergates.com Website or other websites included within Favourite Service for future browsing of their contents. Additionally the Favourites Service grants an option to receive information at email address provided in the Profile sent by specific websites or online stores, concerning ongoing Promotions prepared by Businesses and Third Parties.
6.7 User can freely add, remove or modify Favourite websites.
6.8 User is granted an access to Favourites section only after logging into the Account in the appropriate Ambergates.com Website section.
6.9 Service provider does not guarantee the maintenance of each Service provided on Ambergates.com Website at all times. Service provider can freely terminate, suspend or create new Services.

§7 Service realisation for Customers
7.1 After registration of the Service, the Customer will receive an email with Account activation link.
7.2 Customer is obliged to implement the source code of his main website with permanent back-link and logotype of Ambergates.com, available in the Interface after logging.
7.3 Customer can cancel the implementation of the Service by removing back-links from the source code of the website.
7.4 Positive verification of mentioned in section 7.2 requirements of the contents and functionality of Customer's website conducted by Ambergates.com is a main condition for starting the Service implementation. 7.2.
7.5 Customer has right to change given Service to another for the duration of the agreement. In case of changing the Service for more expensive, additional fee is required. In case of changing the Service for less expensive, the difference in payment is converted into appropriate time period accordingly to the price of given Service.
7.6 Customer has right for free support at info@ambergates.com.
7.7 Ambergates.com obliges to provide the Service continually and diligently by maintaining full functionality throughout 99% of time within a calendar year.
7.8 Ambergates.com obliges not to disclose Customer data to any Third Parties.

§ 8 Customer payments
8.1 Payments are made accordingly to proforma invoices, which are sent after Account registration.
8.2 The term of payment for the first invoice is fourteen (14) days from the day of Service registration.
8.3 Customer will be informed of the obligation to pay for the next Service subscription period on the twenty first (21) day before the first expiry date of the Service, and on the seventh (7) day before the second expiry date of the Service.
8.4 The term for payment in case of prolonging the period of Service is expiry date of the previously paid period.
8.5 If the payment due is not cleared before the term, Ambergates.com reserves the right to block interface access until the payment clearance. If the payment is not cleared within twenty-one (21) days after the payment term, the agreement is considered void by the Customer with immediate effect, and the Service is changed to free Starter Service. The Customer has right to terminate the Starter Service agreement within thirty (30) days without notice.
8.6 Correctly paid subscription period begins with the following day of the last subscription period, regardless the date of the payment.
8.7 Date of payment is the day of payables entering the books of Ambergates.com bank account. The Customer is charged with all additional fees related to the payment, including bank or postal fees.
8.8 VAT invoice will be made out in seven (7) days from the date of payment. Ambergates.com can send an invoice on print, in PDF format, or as an e-mail attachment. Above mentioned is considered an invoice date of delivery,
8.9 Pursuant to binding Revenue provision, VAT invoice sent electronically by Ambergates.com is not considered an electronic invoice. Customer is obliged to record received VAT invoice on paper, for which Ambergates.com gives a permission.
8.10 Customer authorizes Ambergates.com to making out invoices without receiver's signature.
8.11 Termination of the agreement by the Customer before the day of Service subscription expiry does not oblige Ambergates.com to return the part of the payment for the unused subscription period.

§ 9 Customers' claims for refund
9.1 Claims for refund made by Customers as the outcome of improperly provided Service, should be made in writing and should include the following:
9.1.1 First name, surname, business name of the Customer, postal address, ZIP code, Customer login, or website address and the day Service registration,
9.1.2 type of the Service, for which the claim is made,
9.1.3 description and justification of the claim, and demands and expectations from Ambergates.com in reference to mentioned claim.
9.2 The claim should be sent by post to Ambergates.com business office, which address is available in the Terms of Use and at www.ambergates.com Website.
9.3 Correctly filed claim will be considered within fourteen (14) days from the day of receiving the claim by Ambergates.com. Customer will be informed in writing about the resolution of the claim, justification and taken actions.

§ 10 Liability
10.1 By using the Services provided on the Website, each Customer and User is obliged to:
10.1.1 adhere to the Terms of Use,
10.1.2 use the Service and tools available at Ambergates.com appropriately,
10.1.3 respect the legal order and data protection provisions respectively, respect the network etiquette and personal goods of other Users,
10.1.4 use the technology and devices not disturbing the computer infrastructure,
10.1.5 not taking other actions against the rules and purpose of Ambergates.com
10.1.6 not to propagate illegal contents and symbols encouraging racial, religious and ethnic violence, or contents encouraging the violation of social standards
10.2 User and Customer should keep in secrecy their data (especially access passwords) enabling the use of Ambergates.com Services,
10.3 Ambergates.com is not responsible for any User or Third Party damage resulting from inappropriate preservation of above mentioned data.
10.4 Users are not allowed to publish advertising or any kind of commercial information, It is not allowed to use Ambergates.com for political, religious or any other agitation inconsistent with the theme of the Website.
10.5 Ambergates.com is not responsible for any actions or abandonments of Users. Ambergates.com is not responsible for personal goods or copyright violations of any Third Party by Users or Third Party.
10.6 Ambergates.com is not responsible for actions or abandonments of any Third Party taken under the influence of opinions and comments published in Ambergates.com Website.
10.7 Ambergates.com is not responsible for Services use incapacity resulting from any difficulties or issues independent (especially Internet-provider, hosting or other any other issues) from Ambergates.com,
10.8 Ambergates.com is not responsible for availability interruptions of Website or Services. Ambergates.com reserves a right for site maintenance of the Website for technical or other reasons.
10.9 Ambergates.com is not responsible for material and immaterial losses of the Users due to Services provided by Ambergates.com, apart from losses inflicted on purpose by Ambergates.com, or otherwise stated in the Terms of Use.
10.10 Ambergates.com is not responsible for contents or data published by Customers, nor for contents of Opinions published by Users.
10.11 Ambergates.com can block the access or permanently delete the contents published by Users, including each entry or comment if it receives official or reliable information about the illegal matter of above mentioned entries. User is informed by Ambergates.com in reference to access ban or personal data deletion. In such cases Ambergates.com is not responsible for the results of above mentioned actions.
10.12 Statements and comments published on Ambergates.com Website by Users and Customers represent their own opinions. Ambergates.com does not take responsibility for such contents. Users and Customers of the Website are fully and exclusively responsible for the contents of published Opinions and for results of such publication.
10.13 In case of Ambergates.com Website is informed of incompatible use (abuse, illegal use) of electronically provided service by Customers and Users, the Website may process personal data of the service recipient in order to establish Customer's or User's responsibility, under the condition of recording the fact of receiving such information, and the contents itself for the legal proceedings.
10.14 In case of Ambergates.com is officially informed of illegal nature of Customer or User provided data, Ambergates.com Website is not responsible for any loss in concern of blocking access to such data. Ambergates.com Website will immediately inform Customer and User of the intention of blocking access to mentioned data.

§ 11 Final provisions
11.1 Ambergates.com reserves the right to amend the provisions of Terms of Use at any time. Ambergates.com will inform Users and Customers of above mentioned amendments within fourteen (14) days notice.
11.2 Terms of Use amendment notice may appear in particular by providing sufficient information through Ambergates.com Website during logging, or by sending such information at designated e-mail address.
11.3 Terms of Use refusal results in resignation of Services provided by Ambergates.com Website.
11.4 All rights not granted hereby openly are reserved. Reproduction, transmission, distribution or recording of the part or whole of herein contents in any form without written consent of Ambergates.com is forbidden, when it does not meet the following conditions. Ambergates Wysocki Dariusz, grants the permission for browsing Ambergates.com on the computer and copying the extracts only for private use; without written consent Ambergates.com, distribution of above mentioned materials is forbidden. Particular documents on our Website may be subject to additional conditions mentioned herein.
11.5 The use of the Website and its contents if free for private and non-commercial use. The use of press notes and other documents as public nature in public announcement is lawful under the condition of providing the source of such information.