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TERMS AND CONDITIONS


Introduction

A) These Regulations and Appendices hereto shall constitute an agreement between the User and the Service Provider in the meaning of terms set out in Article 2 and shall set forth the terms and conditions for the provision of services by

S-arts
Przemysław Stanisz 
Al. Tysiąclecia 41
34-700 Rabka-Zdrój
NIP (taxpayer’s identification number): PL 735-26-10-876

via Mintia web platform, hereinafter referred to as “Mintia” or the “Service Provider”. The User accepts the Regulations by:

- ticking the “I accept these Regulations” checkbox; or

- clicking “I accept these Regulations” button wherever in the Mintia.com Website; or

- signing this document; or

- the fact of opening an account; or

- the fact of using the Mintia.com Website in any of its functions.

 

B) By performing any of the above actions, the User undertakes to comply with the Regulations and Appendices hereto:

1) Appendix 1 (printing house)

2) Appendix 2 (forum and comments)

C) The Service Provider shall reserve the right to amend the Regulations and Appendices hereto.

D) Any disputes shall be resolved under the laws of Poland.


Article 1. Definitions

Regulations

The Regulations of the Mintia.com Website.


S-arts Poland

S-arts Poland
Przemysław Stanisz 
Al. Tysiąclecia 41
34-700 Rabka-Zdrój
NIP (taxpayer’s identification number): PL 735-26-10-876
REGON (statistical number): 121260530


Mintia.com

An open Website offering the possibility to set up a competition for any design, purchase of such a design, services related to the purchase or sales of domains, hosting services and printing services, also made available via other Websites by S-arts Poland partners, operated by S-arts Poland, in the meaning set forth herein.

The Website is available and maintained under mintia.com domain.


Platform, Website

Terms indicating Mintia.com in the meaning provided for herein.


User

A party that meets the terms and conditions of the Regulations and has made a Registration as a result of which they created an Account, thus obtaining access to services provided by Mintia.com upon the terms and conditions set forth in the Regulations, also referred to as the Ordering Party or Customer, or Contractor, or Author.


Account

An account held for the User by Mintia.com under a unique name (e-mail address as a login), constituting a set of resources where the User’s data and information on the User’s activity on Mintia.com website are collected.


Registration

A procedure of setting up an account.


Service Provider

S-arts Poland via Mintia.com Website in the meaning of the terms set forth herein.


Service Buyer

Every User registered in the Website as an Author or an Ordering Party/Customer.


Ordering Party/Customer/Buyer

A User registered in the Website who aims to set up any competition available in the Website or to purchase any of the services offered. An Ordering Party/Customer may be registered concurrently as an Author.


Contractor/Author

A User registered in the Website who aims to sell and/or present their own designs in any of the categories offered by the Website. An Author may participate in competitions or not. An Author may be registered concurrently as an Ordering Party/Customer.


Competition

A procedure consisting in the publication on the Website of a completed order form (brief) together with a declaration and payment of an amount constituting a fee for the performance of the order and an undertaking to select the winning design from among the designs submitted by Authors. The Competition is active for a period pre-defined by the Ordering Party within which Authors may submit their designs. Upon the submission period expiry, the Competition becomes inactive. The Competition is completed by a selection of the winner by the Ordering Party within 10 days from the submission period expiry date.


Design/Work

A set of materials meeting the requirements of the Regulations submitted by the Author in response to an active Competition.


Content

Any materials, either visual or written, entered by Users to Mintia.com Website, including content provided by the Ordering Party in its order instructions.


Functionalities

Services provided by Mintia.com Website within the scope defined in Article 2 of these Regulations.


Article 2. Services provided by Mintia.com Website

Mintia.com Website provides web-based services in the following areas (categories):

(a) Group design.

Depending on the type of Account, Users may, as part of group design, view existing active competitions, set up new competitions, submit their own designs for existing active competitions, view and evaluate the available works of other Authors (unless the Ordering Party defines otherwise when setting up the competition).

(b) Marketplace

Depending on the type of Account, it enables to submit a design sale offer, to purchase designs submitted, to view and evaluate designs. Marketplace also includes designs that do not bear trademarks and Ordering Party’s proprietary materials (e.g. photos, slogans, etc.) rejected in completed competitions if the Author consents thereto when submitting the design for an active competition.

(c) Print/printing house

Enables to place an order for printing selected materials together with a delivery of the final product to a specified address, and to place an order for a design of a material to be printed.

(d) Forum and comments

Every logged User is automatically provided with access to the Forum and comments. The Forum, divided into categories, enables Users to share their views.

Authors can leave their comments under other Authors’ works together with a score for a commented design.

By using the Forum and making comments, the User undertakes to comply with the Forum Regulations, which constitute an Appendix to these Regulations and are available here (link).

(e) Domains (coming soon)

Enables to register new domains and to manage one’s own domains.

(f) Branding (coming soon)

Depending on the type of Account, it enables to purchase or to submit an offer to sell/to sell final designs of domain branding, submitting a branding order for a selected or owned domain, to view existing domain branding designs.



2.1. The Website User may use it as an Ordering Party/Customer or as a Contractor/Author. The terms and conditions provided for herein shall apply to both the Ordering Parties and Contractors.


Article 3. Terms and conditions for setting up and using a Mintia.com User account


3.1. Setting up an account.

(a) Full use of all the functionalities is only possible upon registering as a User, i.e. upon setting up of an Account. An Account shall be set up in the course of a User Account setup process defined by Mintia.com or any other method defined by Mintia.com and shall be deemed as an automatic acceptance of these Regulations and Appendices hereto.

(b) By setting up an account, the User declares that they are 18 or older (in the case of Ordering Parties/Customers) and are fully capable of performing acts in law.

Mintia.com shall not be liable for false data provided during the registration process, any liability thereunder shall be borne by User.

A User who is 18 or more may consent to their account being used by a minor if the User is the minor’s parent or guardian. In such a case, the User declares that the account shall be used in compliance with the Regulations and under the User’s supervision. In addition, the User who makes their Account available to a minor for use shall be legally responsible for the minor’s acts and any breaches of the Regulations, and declares that the User shall release Mintia.com (S-Arts Poland) from liability for damages or costs that may arise as a result of such acts.

(c) A User Account enables to log into Mintia.com Website, to manage the User’s panel and to fully use the Mintia.com Website within the scope of functionalities offered by the Website.

(d) The User shall protect the privacy and security of data (login, password) used by the User to access Mintia.com Website.

(e) By setting up an Account, the User declares that all the information submitted in the process of setting up a User Account is true and correct in every detail. Mintia Website shall accept no liability for false data provided in the registration process.

(f) Every User may hold only one account in Mintia.com Website. There are 2 types of accounts: an Ordering Party account and an Author/Graphic Author account. Depending on the purpose of the User, the User may have an account of one type or both.

(g) By setting up an Account, the User agrees to provide Mintia.com with personal information such as the possibility to verify their identity document (ID card, passport, driving licence) when there are grounds to verify the User’s personal data.

(h) If the User uses the Website on behalf of their employer, then both the User and their employer shall be equally obliged to comply with the Regulations, and the employer shall additionally be responsible for all the actions of the User in the Website. Furthermore, using the Website on behalf of or upon a request of their employer, the User acknowledges that they have been authorised to act in the Website on the employer's behalf. An employee is provided with a login and a password at the risk and expense of the entrepreneur.


3.2 Using the Account.

By setting up an Account in Mintia.com Website, the User agrees to use the User Account and Mintia.com Website according to their offered functionalities. In particular, the User may not:

(a) resell or transfer their User account to any other party,

(b) use their Account in Mintia.com Website in a way that promotes services offered by Mintia.com competitors without prior written consent.

(c) use the User Account in a fraudulent, harmful or illegal way; for illegal purposes or to disseminate in any way any materials that may be deemed offensive, illegal, intimidating, threatening, harmful, vulgar, obscene or in any other way unwanted or in violation of the applicable laws.

(d) use the Account to offend, harass or threaten anybody.

(e) use the Account to profess to be someone else, pretend to be someone else or suggest untrue identity;

(f) violate copyrights, trademarks, patents and other intellectual property rights in any way;

(g) use the User Account to send ads, chain letters, spam or any other form of unwanted e-mails.

(h) forge or alter in any way the headings or address data included by the system in e-mails sent from the Account of a Mintia.com User.

(i) send from their Account e-mails containing viruses, tracking software, malware or other harmful, destructive files.

(j) use their User Account in any way that is harmful for Mintia.com Website or other Website Users or in a way that prevents or makes it difficult for registered or prospective Website Users to access the Website.

(k) deliberately or inadvertently use the Account in a way that makes it difficult or ineffective for other Users to use the Website.

(l) The User may not cancel already started competitions or any other form of offering sale or purchase of materials, the sales or purchase of which is enabled by Mintia.com Website functionalities, in order to contact the seller/buyer outside Mintia.com Website to finalise the transaction outside the Mintia.com Website environment to avoid any fees and commissions charged by Mintia.com. Should Mintia.com find the User to do so, Mintia.com may temporarily or permanently suspend or delete the User’s account without notice.

 

Article 4. Relation of the Parties

 

1. By registering in the Website, the User agrees to these Regulations and concludes a service agreement with the Service Provider.

2. Publication of a design in the Marketplace, publication in the Website of a branding design or putting up a domain for sale shall not constitute an offer in the meaning of Article 66 of the Civil Code and other relevant legal provisions. By publishing their designs in the Website or making a domain available for sale, the User declares that they are the owner of the domain or the owner and the author of designs offered for sale.

3. Any sales of designs via the Website, either using the Marketplace or a competition, or in any other way, shall be deemed equivalent to the transfer of all the copyrights in the design to the buyer and waiver of any claims under the design in the future.

4. By uploading a branding proposal, a design proposal to the Marketplace or any competition design, the User shall undertake not to sell it anywhere else.

5. The User may remove their design from the Website if the design is not submitted for a competition or may change the price for which the User offers to sell the design if the design has not been purchased yet.

6. The User shall not be authorised to withdraw their design from an active competition.

7. The Ordering Party sets the period within which Authors may submit their designs. Upon the lapse of such period, within no more than 10 working days the Ordering Party shall select the competition winner and indicate the second and third-place designs in the competition.

8. Brandings and designs purchased in the Marketplace are transferred to the Customer immediately upon the receipt of a relevant payment.

9. For competitions paid for by the Ordering Party, a design uploaded to the Website is automatically transferred to the Ordering Party when the Ordering Party selects the winner.

10. The Author who won the competition shall receive a fee payment at an amount indicated in the competition.

11. Authors whose designs were published in the Website (in the Branding or Marketplace sections) shall receive the fees they specified. A Website commission of 25% for service was added to the amount indicated.

12. Users participating in a contest cannot be connected or related in any way with the contest holder.

13. The Customer shall make payments for the branding designs and Marketplace designs immediately upon purchase. Withdrawal from payment shall result in immediate cancellation of the transaction and return of the design to the range of designs offered by the Website.

14. The Ordering Party shall have the right to request the Author for corrections. The fee for corrections in the competition design during the competition shall be included in the amount declared by the Ordering Party. The Author may make such corrections, however, without an obligation to do so. Fees for corrections to branding designs or Marketplace designs shall be individually agreed by the Author of the design and the Buyer.


Article 5. Payments and finance

1. Registration, viewing offers, participation in competitions and publishing one’s own designs on the Website shall be free of charge.

2. If the User intends to participate in competitions, set up their own competitions, purchase final designs or offer their own designs for sale, they need to provide in their User Account all the data for a bank transfer (such as name and surname, address, account number, and NIP (taxpayer’s identification number) - for companies).

3. The User agrees to receive VAT Invoices for their transactions electronically. The User may access their issued invoices via their User Account.

4. Setting up a competition or purchasing a final design [or domain] shall be deemed a legally binding purchase offer for a specific design or domain at a specified price.

5. Setting up a competition or purchasing a final design shall result in automatic redirection to the payment menu. Abandonment of payment shall be deemed as and abandonment of a competition or design purchase.

6. Mintia's agency fee for our services shall be 25%. In the case of competitions, the commission shall be charged against the amount declared by the Ordering Party at payment.

7. The competition shall become active when the User makes the relevant payment.

8. The winning designer recieves the cash prize up to 7 working days after sending in all the required data. If the design contained payable materials, the winner shall first receive 50% of the reward which shall be used for the payment for all the materials used in the design. The remaining 50% of the reward shall be paid to the winner upon submission of a watermark-free design.

9. The amount of the reward awarded can be viewed in a relevant tab in the User’s Account, where the User may make a transfer to their private bank account anytime.

10. In the case of purchase or ready-made designs via the Website, the Buyer shall pay the price declared by the Author together with the added website’s commission (25%).

11. Website payments may be performed via:

a) a bank transfer;

b) a credit card payment;

c) online payment (PayPal);

12. In exceptional cases, the reward in a competition may be in the form of an in-kind prize. Every such case must be consulted and discussed with the Service Provider. The prize may be in kind if the Service Provider agrees to that.

13. The Author may change the declared sales price anytime if the design has not been purchased yet.

14. Purchase of a design shall be equivalent to making a payment for the design.

15. The balance on the Author’s Account in the Website shall be updated within 24 hours following the purchase of the design by the Customer. Until then, the Customer shall verify the technical correctness and completeness of the design. Should technical gaps be found or the materials submitted be found incomplete, the Author shall correct the irregularities and send the missing elements. In such a case, the Author shall receive the payment after the necessary corrections or completions are made.

16. The Author may not receive a reward for the design that won a Competition/Order or was sold via the platform in the case where there is a justified need to correct the design (because of obvious technical gaps or incompleteness) and the Author fails to make the necessary corrections or to complete the materials.

17. The Author may transfer all or part of the amount to their individual bank account anytime; the transfer shall be made within 48 hours following the submission of a transfer instruction.

18. Issues related to payments for domains and hosting have been provided for in Appendix... “Domains and hosting”

19. Issues related to payments for print orders have been provided for in Appendix... “Printing House”

 

Article 6. Reimbursements and complaints

1. The Website shall not be held liable for technical gaps in graphic designs. Authors shall verify their designs for completeness of materials and fulfilment of technical requirements before they submit a design for a competition or sale via the Website.

2. Ordering Parties and Buyers shall verify the design for issues referred to in item 1 within 24 hours following the purchase. Should a purchased design fail to meet the technical requirements or is incomplete, the Customer shall have the right to request the Author to make necessary corrections or complete the design. Upon the lapse of the 24-hour period, no claims shall be admitted and the Authors shall not be obliged to make any corrections for free.

3. Once a competition is set up, it may not be cancelled or removed unless there occur serious and unforeseen difficulties, or the competition has just started an no works have been submitted yet. In any such case, the Website Administration should be contacted. A decision to cancel the competition and on the consequences of the fact shall be made by the Administration.

4. In rare cases of cancellation of a set-up Competition/Order, the Website shall charge an administrative fee of 10% on the amount paid in to set up the competition/order. The amount of the administrative fee charged shall be agreed upon individually and shall depend on the reasons underlying competition cancellation.

5. If none of the designs submitted for a competition meets the requirements of the Ordering Party, the Ordering Party shall:

a) prolong the period for submission of works by the Authors at least once by at least 10 days;

b) make the order/competition brief more specific if the problem is caused by the brief’s ambiguity, however, no significant changes may be introduced that radically alter the character of the brief (including but not limited to a dramatic change of colour or a complete change of required motives).

6. If none of the designs submitted for a competition meets the requirements of the Ordering Party, the Ordering Party may also:

a) provide additional, complementary materials for Authors,

b) send their comments to the Authors, requesting changes/corrections (requests shall be sent individually to specific Authors and the Authors shall be under no obligation to make the suggested changes/corrections).

7. In justified cases, when no works meeting the Customer’s requirements described in the brief have been submitted and the brief was structured correctly, the Customer shall have the right to claim reimbursement of operating costs and commission charged by Mintia.com Website, and in some cases - to claim reimbursement of the entire amount paid. Every such case shall be considered individually as it is necessary to comply with the provisions of the competition agreement concluded between Mintia.com Website and competition participants.

8. It shall not be possible to change the brief (content of the order form) upon its submission. If the Ordering Party realised, after initial few designs having been submitted for the competition, that the brief was wrong or that they missed something important, the Ordering Party should contact the Website Administration as soon as possible so that the Administration can make a decision on whether a change may be introduced or not (for free or for a fee). Every such request shall be considered individually. An oversight by the Ordering Party in making the brief/order shall not constitute a basis for a complaint.

9. It is not possible to claim reimbursement or make complaints regarding designs purchase from the Marketplace of Branding designs. The Ordering Party shall have 24 hours following the purchase of a design to verify the design and uncover any incompleteness or technical gaps in the design and to request the Author to make relevant corrections. Should the Author fail to respond, the Website may consider to reimburse the costs.

9.1 Within 24 hours following the purchase of the design, the Ordering Party shall have the right to request the Author to correct technical gaps or make technical completions of the design. Afterwards, any reservations as to the designs purchased shall not be admitted.

10. The Author may not receive a reward for the design that won a Competition/Order or was sold via the platform in the case where there is a justified need to correct the design (because of obvious technical gaps or incompleteness) and the Author fails to make the necessary corrections or to complete the materials.

11. Failure of the graphic artist to meet the technical requirements or moderation failures may not constitute a basis for money reimbursement. The Customer shall have 24 hours following the purchase to verify the design and to request the Author to make necessary corrections.

12. Any issues that depend on the Customer's/Ordering Party's taste or preferences or are a matter of hardware used by the Customer/Ordering Party to view designs, in particular the possible differences in colour and shade reproduction by the monitor used by the Customer/Ordering Party, shall not constitute a basis for any reimbursements, claims or complaints.

 

Article 7. Account suspension and deletion

1. Mintia.com shall reserve the right to suspend or delete a User’s Account without notice in the following situations:

(a) if Mintia.com finds the User to be in breach of any provision of the Regulations or Appendices hereto,

(b) if the Author publishes a design in the Website (irrespective whether in relation to an open order or to the Marketplace) that is not the property of the Author, without a written consent of the design author,

(c) if Mintia.com finds the User to use their account in bad faith,

(d) if the User uses their account for illegal or fraudulent purposes or in a way that is found by Mintia.com to be in violation of the law, offensive, harassing for other Users, defamatory, slandering other Users, vulgar, obscene or otherwise inappropriate;

(f) if in the opinion of Mintia.com, making the Website available to the User causes great workload on servers, problems or makes it impossible for other Users to use the Website,

(g) in any other case where BraphBakery deems the suspension or deletion of the account as necessary and justified.

7.1 The User agrees that:

(a) Mintia.com may suspend the provision of services anytime without notice,

(b) Mintia.com may, at its own discretion and without notice, suspend its operations (provision of services) or cease to provide one of its functionalities for a specified or unspecified period of time;

(c) Mintia.com may, at its own discretion, decide to reactivate a service and/or a User’s account anytime after suspension.


Article 8. Privacy policy

1. Data required in the registration process and in the payment process are collected and processed by the Service Provider in accordance with the relevant applicable Polish laws.

2. Personal data are not disclosed to other Users unless unforeseeable circumstances occur and the User provides a prior consent to the disclosure of their data to the business partner, i.e. a person registered in the Website with whom the User interacts via the platform.

3. If there is a justified need and the User consents to disclose their data to another User, the User receiving the data shall not disclose the data thus obtained to third parties. The only purpose such data may be used for is to finalise a transaction or to complete a process which resulted in such disclosure of a User’s data to another User.

4. In using the Website, the User shall provide data necessary for registration and any other data required to finalise transactions made via Mintia.com. Mintia.com makes every endeavour to protect the personal data processes as much as possible. The data provided shall not be made available to unauthorised persons or processed in a way other than as in compliance with the applicable laws. The data may be made available to unauthorised persons solely and exclusively upon a written consent of the data owner.

5. The database of personal data of Mintia.com Users has been submitted for registration to the Inspector General for the Protection of Personal Data (GIODO). The Administrator of the data is [S-arts].

6. Personal data are processed upon the consent of Users expressed by registering in Mintia.com Website and under a statutory authorisation to process personal data necessary in the process of performance of services offered by S-arts Poland within Mintia.com.

7. Provision of personal data is voluntary but necessary for the provision of full services by Mintia.com. Users who want to use full capabilities of the Website, conclude an agreement with Mintia.com on the provision of electronic services within Mintia.com Website in accordance with the Act on the provision of electronic services. For that purpose, Users provide the following data:

a) During a quick registration process, the User provides a nickname under which they want to appear in the Website, their e-mail address and a password.

b) Natural persons who are not self-employed and want to fully use the capabilities of Mintia.com, provide in the registration process their name, surname, detailed residence address, e-mail address, phone number and PESEL (statistical number). Such data are necessary for making transactions (payment of fees and making withdrawals). Users who are only Authors, i.e. persons who only withdraw money, are also obliged to provide their PESEL number.

c) Self-employed persons - if they intend to operate in Mintia.com Website as such - should provide the name of their company, their company NIP (taxpayer’s identification number) and their registered seat address.

8. The User shall have the right to view and correct their personal data.

9. All data provided by Users are used for accounting purposes, in order to enable payments and withdrawals, to enable contact between Mintia.com and Users and for all the issues aimed at complete performance of services offered by Mintia.com. The data may also be used to verify whether the User meets the terms and conditions of these Regulations enabling the use of the Website.

10. Contact data (in particular e-mail address) shall also be used to send messages to Users concerning the functioning of the Website, including news. The User may unsubscribe from such messages anytime. By accepting the Regulations and ticking a relevant checkbox, the User consents to receiving commercial information by e-mail.

11. From time to time, Mintia.com may send to its Users surveys requiring additional personal data (such as education, age or income) for research purposes. Completion of such surveys and provision of such personal data is voluntary.

12. In exceptional situations, User data may be disclosed to bodies authorised under the applicable laws, including judiciary bodies. In other cases, personal data may be provided to third parties exclusively upon the User’s consent.

13. Users may access and modify their personal data. If the User’s personal data change, the User shall update their data in the Website accordingly if they want to continue to use full capabilities of the platform. It is forbidden to provide incomplete or false data and to delete one's personal data if the User is in the middle of a service process performed via the platform (i.e. if they submitted any orders for designs, print or if they want to register a domain or use any services offered by the platform; if they submitted any designs for competitions or made their materials available for sale in the Marketplace, etc.).

14. Users shall have the right to delete their personal data from the Website by deleting their account with Mintia.com Website, i.e. by terminating their agreement with Mintia.com. The User may not terminate the agreement if the User is in the middle of an activity in the Website that may be connected with a payment transaction (i.e. if they submitted any orders for designs, print or if they want to register a domain or use any services offered by the platform; if they submitted any designs for competitions or made their materials available for sale in the Marketplace, etc.).

15. The Service Provider shall reserve the right to refuse to delete the User’s personal data if the User failed to pay any dues to Mintia.com, breached any provisions of the Regulations, violated the law in relation with their activity in the platform, and the User’s data are necessary to clarify the situation.

16. Mintia.com shall collect and store for [30 days] IP addresses of Users for technical reasons.

17. Mintia.com uses “cookie” files. Cookies enable Mintia.com to collect information that enables to adjust the platform to User requirements. Cookies can also be used to develop statistics if people using Mintia.com.

18. Mintia.com uses Google Analytics, a web analysis service provided by Google Inc.. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site, and "anonymous identifiers," or random strings of characters used for the same purpose as a cookie on platforms for mobile devices, on which the cookie technology is not supported. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.

Google will use this information to evaluate your use of the website, for compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties if required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse to use cookies by selecting the appropriate settings on your browser, however please note that in this case the use of all the site's features may not be possible. By using this website, you consent to the processing by Google of data about you in the manner and for the purposes set out above.

Users logged on to Google services while browsing Mintia are subject to the new Google privacy policy, available at: http://www.google.com/intl/pl/policies/privacy/

19. Mintia uses remarketing tool and a list of similar users (can we call it this way?), provided Google. With this feature, we are able to prepare messages tailored to the type of customers and their preferences. This tool collects information about visitors through cookies and allows us to reach our customers again in the future.

To promote Mintia we use Google AdWords ad network. It allows us to publish ads within Google and sites that participate in the Google content network.

"Similar users" service works within the AdWords system, checks how browsing the advertising network looked in the last 30 days and subjects that informatio to the mechanism of contextual targeting to determine remarketing audience profile. On this basis Google AdWords finds a large group of new users who have similar browsing patterns as users on our remarketing list. This list is however never uses sensitive data, like browsing history of issues relating to race, religion, sexual orientation or medical condition.

Through cookies we do not collect personal information, but merely browsing history. The user remains anonymous. We do not collect personal information such as your name or address, but only behavioral data on how did you use the site, which we then use to display more targeted ads, which benefits both our customers and us as an advertiser.

Mintia uses analytics data and the cookies to serve ads based on a user's prior visits to our website. Site visitors may opt out of the cookies by visiting the Google advertising opt-out page or they may opt out of Google Analytics by visiting the Google Analytics opt-out page.

 

Article 9. General provisions: rights and obligations of Users.

The User agrees that:

a) they shall not use the Website and its capabilities for illegal or fraudulent purposes or for any other purpose than as defined herein,

b) they shall comply with the applicable laws related to submitting an order, purchasing or sales of designs, domains, etc., or any other laws related to the activity undertaken within Mintia.com Website;

c) they shall comply with all the applicable laws regarding the sales and transfer of designs, works or intellectual property rights in the case of a sale or transfer of the above to persons residing in Poland and abroad;

d) the User guarantees that their activity in Mintia.com shall not put Mintia.com Website in a position violating the law or any other regulations.

e) they shall not undertake any activity or cause any irregularity that might discredit Mintia.com Website, the brand or other Users.

f) they shall not use Mintia.com Website in a way that could result in their User Account suspension.

g) they shall provide Mintia.com with all the data necessary and required for proper performance of services by Mintia.com.

h) they shall not use any bots, scripts of applications to access Mintia.com Website or to use the Website or for any other purpose related to the operation of Mintia.com Website.

i) they shall nut undertake any activity that might, in the opinion of Mintia.com, put excessive workload on the Website.

j) they shall not copy, reproduce, alter, make derivatives, distribute, make publicly available any content/work/designs (except for their own ones) found in Mintia.com without prior written consent of Mintia.com, of the author or the work copyright holder.

k) they shall not interfere with the proper functioning of Mintia.com Website or in any functionalities or processes available via Mintia.com Website.

l) they shall not attempt to circumvent any restrictions or solutions used by Mintia.com to prevent access to Mintia.com or a User account.

 

Article 10. Term and expiration of Regulations

1. These Regulations shall be in force throughout the entire term of agreement between Mintia.com and the User from the moment the User starts to use the Website and/or sets up a User Account, and shall expire when:

(a) the User Account is closed or deleted by the Website or the User.

2 If following the closure or deletion of the User Account the account is reactivated or if a new account is set up by the same User, the agreement (Regulations) shall again become effective from then on.

3 Mintia.com may terminate the agreement anytime and any User Account may be suspended or deleted by Mintia.com at any time at the discretion of Mintia.com without warning or notice.

4. Upon termination of the agreement, Mintia.com, within a time defined by Mintia.com, shall make it impossible for the User to access or use the Website. What do we do with any money then? Is there a situation where we may need to pay something to somebody after the person is banned? Upon agreement termination, the Parties shall settle their mutual obligations unless unforeseeable and justified circumstances occur. Should the obligations remain unsettled, they shall be claimed before courts.


Article 11. Waiver

1. The User agrees that neither the Service Provider not any Service Providers in collaboration with whom Mintia.com provides its services shall undertake to provide services with no downtime or occasional errors.

2. The User shall agree that the Website and the Providers associated with it shall not be held liable for any delays, errors, obstructions or downtime in the provision of services that may be caused by unforeseeable contingent events, difficulties or technical failure or for any other reasons.

3. Neither the Website, nor any of the collaborating Service Provider shall be held liable for any unauthorised use of the User Account and Website functionalities by the User or any other person who accessed the User Account with or without the User's consent.

4. The User shall agree that neither the Website, nor any Service Providers collaborating with the Website shall provide any express or implied warranty as to the services or other goods or services provided by the Website under the Agreement, other than warranties expressly included herein.

5. The User shall agree that the Website and the independent Service Providers collaborating with the Website shall not be held liable for User's claims (under a contract, agreement, applicable laws or for any other reasons whatsoever) for any direct, special, incidental, indirect or consequential damages, including but not limited to loss of profits, contracts, revenues or data arising under or in relation to the provision of services hereunder, resulting from a breach or negligence by the Website or its independent providers.

6. The Service Provider shall not be held liable for the behaviour of Users in the Website or for improper performance or non-performance of the agreements concluded by such Users as a result of the use of the Website, as well as for the consequences of actions undertaken by Users and third parties in breach of these Regulations. In particular, the Service Provider shall not be held liable for the quality, security or legality of designs, services and goods offered, sold and purchased in the Website, for the truthfulness and reliability of information provided by the Users, capacity of sellers to sell them and solvency of Users submitting purchase offers. The Service Provider shall not be held liable for non-conclusion of an agreement by Users.

7. The Website shall not be liable for technical gaps in graphic designs. Authors shall verify their designs for completeness of materials and fulfilment of technical requirements before they submit a design for a competition/order or sale via the Website. Ordering Parties and Buyers shall verify the design for the same issues within 24 hours following the purchase. Should a purchased design fail to meet the technical requirements or is incomplete, the Customer shall have the right to request the graphic artist to make necessary corrections or complete the design. Upon the lapse of the 24-hour period, no reimbursements or complaints shall be admitted and the Authors shall not be obliged to make any corrections for free.


Article 12. Protection of intellectual property

1. By participating in competitions, offering their designs for sale via Marketplace or Branding section, the User declares to be the owner and to hold copyright to the designs offered to Customers.

2. If a design is purchased, the Author who authored the design shall transfer copyright to the Customer who purchased the design and shall waive any claims in the design whatsoever in the future. Design author agrees not to execute their right to integrity of the work, under the penalty of a fine. The winning Designer agrees not to execute his right to integrity of the desig under penalty of a fine. Customer purchasing the project can modify it at his range.

3. Any graphic and other materials, logotypes, commercial slogans, etc., viewed in the Website and uploaded by Users are protected by the Polish copyright, are the property of their respective authors and have been made available upon their consent and on the terms and conditions provided for in these Regulations. Any copying, modification, reproduction, downloading or distribution of any content published by Users in the Website or violation of copyright or intellectual property rights in any way shall be prohibited.

4. Due to copyright protection, all designs wider than 700px are watermarked.

5. Source files uploaded to the Website are accessible during the competition or before a design purchase exclusively to the Website staff for technical purposes and to the design author who can modify the designs submitted unless the designs have been submitted for competition. If a design wins a competition or is sold, the access and rights in the design shall be transferred to the Ordering Party/Buyer.

6. Mintia.com Website shall not own the materials published by Users in the Website. Copyrights in any designs shall be held by Users or design buyers. Mintia.com platform shall not infringe upon any copyrights or intellectual property rights of the Users.

7. Mintia.com Platform may use clients` logos for promotional purposes unless the contest holder does not agree with it by submitting a written statement.

8. The content of the Website is protected by the Polish copyright law and intellectual property laws. Any Mintia.com graphic materials, logotypes, commercial slogans, graphic and other materials as well as forms, content, trademarks, service marks, source codes shall be the property of the Service Provider. Any copying, modification, reproduction, downloading or distribution of any Website content without prior consent of the owner or on other terms than provided for herein shall be prohibited.

 

Appendix 1:

Printing house regulations


1. Mintia.com Printing House shall constitute an integral party of Mintia.com Website and be regulated by intellectual property laws.

2. Every User registered in the Website, irrespective of their account type, may become a Customer of the Printing House.

 

  1. These Regulations shall constitute an agreement between the User (Customer) of Mintia.com Website (Mintia.com Printing House) and

Mintia.com /

S-arts
Przemysław Stanisz
Al. Tysiąclecia 41
34-700 Rabka-Zdrój
NIP (taxpayer’s identification number): PL 735-26-10-876

4. Mintia.com Printing House is a Website intermediating between the User (Customer) and the printing house or houses performing the order.

5. By using the Website or Mintia.com printing house, the User shall agree to comply with the Printing House Regulations.

6. Setting up an account in Mintia.com Website or using Mintia.com Website or making an order at Mintia.com Printing House shall be deemed to be equivalent to User’s acceptance of these Regulations.

7. The User/Customer shall agree to have their personal data processes provided in the process of order submission and fulfilment.

 

8. Placing orders and payment

8.1 Orders for design printing may be placed upon registration (setting up any account) in Mintia.com Website.

8.2 The Website shall operate 24 hours a day, 7 days a week. Mintia.com shall reserve the right to introduce service breaks or to temporarily or permanently cease to provide services for the purposes of conducting maintenance works or for unforeseeable contingent events, without notice to Users.

8.3 Any and all prices are quoted based on the price list in Polish zlotys.

8.4 Mintia.com shall reserve the right to change order prices, arrange and cancel promotions at it own discretion.

8.5 VAT invoices are issued for every order fulfilled, available in an electronic form in the User’s panel. By using the Website or Mintia.com Printing House, the User shall agree to receive electronic invoices.

8.6 Costs of domestic delivery (in Poland) shall be borne by Mintia.com Website unless the parties have agreed otherwise or there is more than one delivery address indicated in the order form. In such a case, Mintia.com Website shall cover the costs of delivery to one location (selected by the User) and deliveries to other place(s) shall be charged for additionally.

Deliveries abroad shall be charged according to the price list.

There shall be no option to collect the delivery personally.

8.7 All the deliveries are performed by courier mail (GLS, UPC, etc.).

8.8 Placing an order by the User shall give rise to a financial liability for order fulfilment. The fee may be paid by a bank transfer, credit card, via PayPal payment platform (other payment methods) in advance upon the placement of the order.

8.9 Every new order shall be submitted for verification for the fulfilment of technical requirements necessary for printing. Mintia.com shall not verify the content-related or linguistic correctness of the designs, it shall neither introduce any corrections or modifications. Should the design fail the technical verification, it shall not be sent for execution and the User shall be notified thereof via Mintia.com platform together with information on the areas in which the design fails to meet the technical requirements.

8.10 An order may be canceller or modified by the User during order verification before it is approved for execution. An order approved for execution may not be cancelled or modified.

 

9. Order fulfilment

9.1. The order fulfilment time depends on the nature and quantity of the order placed and shall each time be individually agreed for each order.

9.2 Order fulfilment time is calculated from the moment the design is positively verified and/or the payment is booked in the system.

9.3 Mintia.com shall reserve the right to delay order fulfilment for technical reasons or unforeseeable contingent events.

9.4 Every order shall be paid for in advance. The User may make the payment as follows:

  • a bank transfer;

  • an online payment (PayPal);

  • a credit card payment.

9.5. Designs shall be printed in the form provided by the User. Mintia.com Printing House or any other printing house collaborating with Mintia.com shall not be held liable for printing defects arising from improper quality of the designs submitted, poor choice of design or format, errors in the content or language mistakes, or other issues arising from the irregularities of the design submitted by the User.

9.6. A User who submits a design or designs shall be held liable for any legal violations (e.g. violation of copyright or any other third party rights) that may arise with regard to the content and/or the form of the designs submitted.

9.7 The basic technical requirements for submitted designs have been included here . Designs that fail to meet the said requirements shall fail the verification process and shall not be approved for execution.

9.8 For an approved cancellation of an order (i.e. one that is submitted before the verification process is completed and approved for execution, see item 8.10), the User shall be entitled to full reimbursement of costs.

 

10. Complaints and reimbursements

10.1 Any issues regarding complaints and reimbursements shall be resolved in separate regulations of printing houses collaborating with Mintia.com Website.

10.2 A basis for a complaint to be considered for a delivery damaged during transportation or its incompleteness is a complaint form filled in with the courier at receipt of the delivery. The User shall check the delivery upon receipt in the presence of the courier and should it be damaged or incomplete, the User shall complete a complaint form and notify Mintia.com Website thereof. Complaints without complaint form attached shall not be admitted.

10.3. Mintia.com Website/Printing House shall not be held liable for damages cause during transportation. The courier company shall be liable for such damages.

10.4 Complaints regarding issues related to print quality shall be submitted to Mintia.com by e-mail or via Mintia.com platform up to 3 working days following delivery receipt. The complaint consideration process shall last 5 days and the User shall be notified of the process result via Mintia.com platform. Mintia.com shall reserve the right to prolong complaint consideration.

10.5 No complaints or reimbursements shall be admitted regarding the difference between printed colours and shades and colours and shades seen in the design on the User's monitor. Differences in colour between print and User expectations may be considered as a basis for complaint only if the User provided the printing house with a proof copy before printing.


11. Intellectual property and copyright

11.1 The content of Mintia.com Website, including the Printing House, is protected by the Polish copyright law and intellectual property laws. Any copying, modification, reproduction, downloading or distribution of any Mintia.com Website content without prior consent of the owner shall be prohibited.

11.2 For agency Customers and Partners, Mintia.com shall not use the data contained in the designs submitted for printing in any way.

 

12. Technical guidelines for printing files

1. Files to be printed should be submitted via system UPLOAD on our website when placing an order upon registration in our system. For non-system orders, files should be uploaded to an FTP server made available upon order placement.

2.File formats approved for printing is described in each product description.

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