§ 1 General provisions
- User Comment Terms and Conditions define the rules and conditions under which the Comments with a photo are submitted at the Service of wellbid.com and za10groszy.pl.
- These User Comment Terms and Conditions are an integral part of the Terms and Conditions of the Service located at the Service Website – wellbid.com and za10groszy.pl.
- Clicking on the checkboxes indicates the acceptance and agreement of these User Comment Terms and Conditions in present form, as follows:
3.1. “I accept the User Comment Terms and Conditions and hereby authorize Welmory Limited to process my personal information for the purpose of comment publication.”3.2. “I hereby certify that the attached photograph represents my true likeness and that I am the sole copyright holder thereof. I also certify that the item depicted has been won at an Auction and that the photograph in question is not an advertisement. At the same time, I agree to the publication of the photo in accordance with the User Comment Terms and Conditions.”
- For the purposes of this document, the following terms shall be used:
4.1. User Comment Terms and Conditions – this document;
4.2. Service Terms and Conditions – the Terms and Conditions of the Service located on the wellbid.com and za10groszy.pl;
4.3. Operator – Welmory Limited, incorporated in Cyprus and registered by the Department of Registrar of Companies and Official Receiver of the Ministry of Energy, Commerce, and Tourism under the number HE 245903, with its registered office at Arch. Makariou III, 2-4/703, P.C. 1065 Nicosia, Cyprus. The company’s initial capital totals €1,001,000.00 (one million and one thousand Euro);
4.4. Service – the on-line transaction services rendered by the Operator, under the wellbid.com and za10groszy.pl domains, where the Operator organizes Buy it Now purchases and Auctions and enables the purchase of the right to Bid or Bid with Autobid, as well as placing Bids and Bids with Autobid;
4.5. Main Website of the Service – a Website of the Service at the address www.wellbid.com/index.html and www.za10groszy.pl/index.html;
4.6. Comment – a User’s statement, who has become an Auction Winner, regarding the course of an Auction and a won item. An Auction Winner has also the right to submit a photo next to the Comment, parameters and rules of which are specified in these User Comment Terms and Conditions;
4.7. Auction – the sale of items conducted under these Terms and Conditions, fully specified in §5 Service Terms and Conditions;
4.8. Bidding– using the option of the Service enabling the indication of a wish to purchase a particular item for a particular price offered on an Auction and offering a higher price by the Incremental Bid Amount than the Current Price, enabling the conclusion of a sale agreement for the item being the object of the Auction;
4.9. Autobid – a bid performed automatically by the System, on behalf of the User and on his/her account without the participation of the User according to the Autobid Parameters set by the User;
4.10. System – the computer system providing the Service activity;
4.11. BID, Returnable BID – the right to a single Bid, a Bid by the Autobid or to other action specified in these Terms and Conditions, where Returnable BIDs are purchased from the Operator according to the Price List or purchased as a result of the item exchange. BIDs which are not Returnable BIDs are purchased in other cases specified in these Terms and Conditions, or on the Service websites, Help and the FAQ;
4.12. Pool of BIDs – an amount (a pool) of BIDs and Returnable BIDs at the User’s Account, which are used in Auctions offered by the Service;
4.13. User – a natural person who has reached the age of majority and has the capacity to enter legally binding contracts, who has registered an Account with the Website, and whose Account has not been suspended by the Operator. A person is identified by their first name, last name, and date of birth;
4.14. Account – a data managed by the Operator for the User under a unique name (User-name), such data comprising the User’s personal data and his/her Account history within the Service. The data is displayed in the “MY ACCOUNT” tab;
4.15. Confirmation – e-mail confirming of the end the Auction sent to the Auction Winner in the way defined in §5 Section 6 of the Service Terms and Conditions;
4.16. Auction Winner – the User who has won the Auction pursuant to §5 of the Service Terms and Conditions;
4.17. Cookies – information in the form of text files stored by the web server on the User’s computer or other internet-enabled device and accessed when subsequent connections are established from said device.
§ 2 Photo comment submission and publication rules
- Only the Auction Winner can submit the Comment with a photo, with the restriction that the item purchased by a User, with given Confirmation, has not been exchanged into BIDs.
- A User, who has become an Auction Winner and has fulfilled the conditions of the sales agreement specified in §7 of the Service Terms and Conditions and also in the Section above, may submit a Comment with a photo. In order to use this option an Auction Winner may submit a Comment in the “My Account” tab located next to a won Auction. The moment the Auction Winner clicks on the “Comment” tab, the Auction Winner shall be redirected to the sub-page of the Service where the Auction Winner may enter a Comment and upload a photo while keeping the parameters specified in Section 4 of this paragraph.
- Submission of a Comment with a photo is voluntary. An Auction Winner may submit a Comment within 60 days from the moment of Confirmation of the receipt.
- A photo to be uploaded with a Comment by the Auction Winner should meet requirments, as follows:4.1. a photo must be in “jpg” format;
4.2. a photo cannot be larger than 100 kB;
4.3. a photo should be sent in the format 195×143 pixel size. In the case when the photo was uploaded in a different format rather than required, the photo shall be resized otherwise it may affect the quality of image’s resolution;
4.4. a photo should show an Auction Winner with the item or the item itself.
- The text and the submitted photo must meet the established custom, good practice. In particular, it is unacceptable to submit Comments and photos which:
5.1. are breaching the law or principles of community life;
5.2. are infringing laws of third parties, in particular, in accordance with Cypriot governing law regarding the protection of copyright and right related to copyright;
5.3. are vulgar or obscene;
5.4. are promoting violence, racial or religious hatred, or in other way are reprehensible;
5.5. are an advertisement;
5.6. are spam or unsolicited commercial information;
5.7. contain pornographic texts.
- The Operator reserves the right to remove the content that infringes any of the provisions in the Section 5 which are considered by the Operator as disturbing or redundant in view of its topic. The Operator reserves the right to edit submitted Comments in order to remove the elements specified in the Section mentioned above, as well as to translate, introduce changes and other alterations so as to publish Comments with photos properly.
- The Operator for each accepted Comment with a photo and published in the Service, shall grant an Auction Winner specified number of BIDs which shall top up User’s Pool of BIDs; as in accordance with the rules of User Comment Terms and Conditions shall stand for remuneration for an Auction Winner which shall enable the Operator to publish and distribute those Comments and the image of an Auction Winner depicted on a photo pursuant to rules of the User Comment Terms and Conditions. The number of granted BIDs shall be displayed in the announcement received from the Operator, which shall be sent to an Auction Winner after uploading the Comment with a photo.
- In the scope of the Comment with a photo or a photo itself are submitted, shall become the copyright works in the understanding under the copyright act and rights related to copyright. The moment of publication of the Comment with a photo, the proprietary copyrights to those copyright works shall devolve upon the Operator in all fields of use mentioned below the moment they are stipulated.
- By a publication of a Comment with a photo, depicting the image of an Auction Winner, the Auction Winner agrees to disclose one’s Comment with a photo in order to promote the Service by the Operator through the agency of the Service and other Social Networking Services, such as Facebook, maintained by the Operator.
- The Auction Winner agrees that the operator decides on the place of publication of a comment with a photo on behalf of the Auction Winner.
- In the case when the Operator shall require to use a Comment with a photo of an Auction Winner for a different purpose than specified in Section 9 mentioned above, the Operator shall submit a request to obtain the copyright to publish the image of an Auction Winner in different fields of use than specified in these User Comment Terms and Conditions, emphasizing that the permission shall be given for the indefinite period of time and the territorial scope of publication shall be defined by the territorial scope of the Service activity. The Auction Winner may withdraw the given permission at any time.
- Once an Auction Winner has submitted a Comment with a photo, the Auction Winner cannot modify it.
- The Operator has no obligation to inform a User about the suspension or removal of a submitted Comment with a photo.
- The Operator reserves the right to manage the Comments freely. In particular, the Operator decides when the Comment with a photo shall be published. The Operator also may suspend the possibility of Comments submission without stating a reason, remove Comments or even change the rules of their publication at any time.
§ 3 Final provisions
- Each Auction Winner is obliged to read provisions of these User Comment Terms and Conditions. The agreement in the form specified in §1 Section 3 is unequivocal with the full and aware acceptance of the User Comment Terms and Conditions.
- The Operator reserves the right to alter the User Comment Terms and Conditions at any time. Users shall be notified of any changes via the internal messaging system accessible from the User Account.
- Any changes to the User Comment Terms and Conditions come into effect 10 days after the date of the above-mentioned notification. Submitting a comment or failing to submit a refusal notice via the contact form available on the Service’s web page within that period shall be considered acceptance of the revised User Comment Terms and Conditions.
- Should a User decline to accept the User Comment Terms and Conditions, the Operator does not relinquish the right to publish the image sent by the Auction Winner and may continue to use submitted Comment with a photo as specified in §2 Section 9 of the User Comment Terms and Conditions.
- The Operator does not bear any responsibilities before the Auction Winner or third parties for the published Comments with a photo where the image in the photo does not belong to an Auction Winner. At the same time, when the Auction Winner does not own the copyright to the uploaded photo.
- The matters not provided herein shall be governed by the provisions of the Cypriot Civil Code and other relevant provisions of current Cypriot law.
- Any disputes between the parties shall be settled by a competent Cypriot civilian court of law.
- In the case of any disputes or occurrence of the language variations between English and other languages, the English version shall prevail.