Regulations of OYOU as of 07/06/2021

These Regulations shall determine the general terms, conditions and methods of providing services by electronic means by SYNESTICA sp. z o.o. with its registered office in Warsaw.

Definitions:

Administrator	SYNESTICA sp. z o.o. with its registered office in Warsaw (address: ul. Progi 1/5, 00-634 Warsaw, Poland), entered in the Register of Entrepreneurs of the National Court Register under KRS [National Court Register Number] : 0000540302, NIP [Polish Taxpayer Identification Number] : 1132884404, share capital PLN 501,000.00, e-mail: admin@oyou.me
Business Days	weekdays from Monday to Friday, excluding bank holidays in Poland.
Links	service consisting in creating and making an individual website available to the User, as part of the domain oyou.me (media showcase), that will make it possible for him/her to promote links to the Internet media by OYOU brand, which are used by the User, for example social networks, blogs, websites, youtube and other websites.
OYOU	a brand under which the Administrator provides his/her comprehensive services specified in the Regulations, in the scope of promoting models and earning income by models from sharing content on the Internet, as well as advertisements and the sale of goods and services of third parties.
Portfolio	service consisting in creating and making an individual dedicated website available to the User, together with his/her portfolio within the domain oyou.me, enabling the User to post content and photos related to him/her therein in order to promote the User and establish contacts with entities interested in cooperation;
Regulations	these Regulations.
Agreement	an agreement for the provision of Services selected by the User by electronic means on the terms and conditions specified in the Regulations, concluded between the User and the Administrator.
Services	Links, Portfolio
User	an adult natural person with full legal capacity who has concluded an Agreement for the use of the Services.

CHAPTER I
general provisions

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1. All rights to ONYOU trademark and the content shared as part of  the Services not posted by the User, belong to Onlyou LLC with its registered office in the USA, Delaware State File No.: 5879013, address: 16192 COASTAL HWY, LEWES, Sussex, Delaware 19958, as the Owner of the OYOU brand. The Administrator shall be entitled to use these rights in order to provide services and promote OYOU services, as well as to pursue claims related to their breach.
2. The Services shall be shared by the Administrator via Internet as a resource of the ICT and IT system.
3. Sending the unlawful content by the User, content which the User will not have the right to store and share, the use of the Services by the User in a manner that is against the law, good practice or violates personal rights shall be prohibited.
4. All activities that would destabilize the Services or make it difficult to access or use the Service shall be prohibited.

CHAPTER III
ACCESS TO THE SERVICE / CONCLUSION OF THE AGREEMENT

5. In order to access the Links service, it is necessary to register under the address https://links.oyou.me/c/register  where it is required to provide an e-mail address and create a username and password, as well as accept the Regulations. Upon such registration, an agreement for the provision of Links service shall be concluded.
6. In order to access the Portfolio service, it is necessary to have Links service active and to send an application for the creation of a website with a portfolio for the User to the Administrator, and this service shall be activated only if, in the Administrator's opinion, the User's profile qualifies for publication under OYOU. The Administrator shall inform the User about his/her decision within 5 days from the receipt of such application. The agreement for Portfolio service shall be concluded upon confirmation by the User of receipt of an e-mail from the Administrator qualifying the User to have a portfolio page as part of OYOU. In such case, portfolio page shall be activated within 5 Business Days from the date of concluding the  Agreement for the Portfolio service.
7. The User may access all the Services for which he/she concluded the Agreement by using the same access data.
8. The Administrator shall make every effort to ensure that the use of the Services is possible for the Users, using all popular web browsers, operating systems, types of computer and types of Internet connections. The Administrator shall not guarantee and shall not be responsible for the fact that each configuration variant of electronic equipment owned by the User will make it possible to use the Services. The minimum technical requirements for using the Services, subject to the previous sentence, are software for the use of pdf, doc, docx, xls, xlsx, ppt files, a web browser compatible with the Microsoft Internet Explorer standard, version not lower than 11.0; however, the Administrator shall not be responsible for any problems arising from the use of browsers that do not meet this requirement. It is also required to have access to an active e-mail address.
9. The Administrator shall reserve the right to verify the data provided by the User in the registration form, in order to determine whether they are true. The User shall be obliged to enable the Administrator the verification, in particular by providing additional explanations at the Administrator's request.
10. Providing by the User data that is inconsistent with the truth or incomplete, shall entitle the Administrator to refuse to confirm the Registration and accept an order for the Services provided for a fee or, if the aforementioned data is found to be incorrect after the commencement of the provision of Services, it shall entitle the Administrator to terminate the Agreement without observance of any notice period.
11. The User shall be responsible for protecting the confidentiality of his/her access data (login and password) and for the consequences of making it available to third parties.

CHAPTER IV
PROCESSING AND PROTECTION OF PERSONAL DATA

12. Detailed information regarding processing of the User's personal data can be found at the address: https://links.oyou.me/

CHAPTER  V
SERVICES

13. The Administrator shall provide the Services by electronic means, on the terms and conditions set out in the Regulations.
14. The Administrator shall provide the Services 24 hours a day, 7 days a week. The Administrator shall reserve the right to 2 hours service breaks once a week.
15. The Administrator may improve or develop the Services, and therefore he/she may change them at any time, including adding or deleting functions. The Administrator shall notify the User in advance about a change in the Services that will result in the User's loss of access to the data sent/stored by the User as part of the Services or limiting the functions of the Services.
16. The Administrator shall respond to inquiries from Users on Business Days from 8.00 a.m. to 4 p.m.
17. The Administrator shall confirm that regardless of the actions taken by him/her in order to secure the Services, due to the public nature of the Internet and the use of services provided by the electronic means, the Users should take into consideration the risk of the Users' data being obtained and modified by unauthorized persons. Due to that, the Users should also, in order to increase the security of their equipment and data, apply appropriate technical measures that will minimize the aforementioned danger by using anti-virus programs and programs protecting the identity of Internet users. The Administrator shall recommend to avoid the use of the Services on unknown personal computers and avoid saving the password in the web browser.
18. All extraordinary signs of the functioning of the Services, in particular a different interface of the website, odd messages, images, etc. without prior information sent by the Administrator to Users regarding the possibility of such events, may mean an attempted unlawful takeover of the login and password or other unlawful actions of third parties. In such circumstances, it is recommended to contact the Administrator immediately. The services consist solely in providing appropriate functionalities and tools supporting the Users according to their description.
19. The Administrator shall have the right to create and implement security measures against unauthorized use, reproduction or dissemination of materials posted by the User, as well as implement technical solutions enabling the identification and verification of the User's identity. In case the Administrator uses the aforementioned security measures, the Users shall undertake to refrain from any actions aimed at removing or circumventing such security measures or solutions.

CHAPTER  VI
RESPONSIBILITY

20. The Administrator shall be authorized to breaks or disturbances in the provision of Services if the reason is as follows:

1. modification, modernization, extension or maintenance of the ICT system or the Administrator's software;
2. force majeure, acts or omissions of third parties (actions independent of the Administrator).

21. If possible, the Administrator shall inform about technical breaks and their duration via means available to him/her.
22. The Administrator shall not be responsible for non-performance or improper performance of the Services, if it is caused by third parties independent of the Administrator and on which he/she has no influence (in particular telecommunications operators, payment operators, telecommunications and electricity providers). However, the Administrator shall be responsible, as for his/her own act or omission, for the actions or omissions of the persons with the help of whom he/she performs the Services, as well as entrusted with the performance of the Services or influenced by him/her.
23. The Administrator shall not be responsible for inability or difficulties in using the Services, arising from the reasons attributable to the User, in particular if the User provides incorrect data, or for the loss by the User or being in the possession by third parties of the login, password or encryption key.
24. The Administrator shall not be responsible for damages caused by the actions or omissions of the Users, arising from their use of the Services in a manner incompliant with the applicable law or the Regulations.

CHAPTER VII
COMPLAINTS

25. In case of failure to perform or improper performance of the Service by the Administrator or failure to perform them in accordance with the Regulations, the User shall have the right to make a complaint directly to the Administrator.
26. Any complaint regarding the functioning of the Services shall be submitted with a description of the complaint and the reasons for its submission as well as the data identifying the User making the complaint. Such complaint may be particularly submitted by e-mail to the e-mail address: admin@oyou.me.
27. Each complaint made by the User shall include the following:

1. name and surname of the User, the User's  company (name);
2. e-mail address;
3. indication of the Service to which the complaint relates;
4. indication of the circumstances justifying the complaint;
5. determining the scope of the request by the User submitting the complaint.

28. If the information included in the complaint require supplementation, before handling the complaint, the Administrator shall ask the User submitting the complaint to supplement it.
29. The Administrator shall handle the complaint within 14 Business Days from the date of its receipt in the correct manner, as specified in clause 25 and meeting the requirements indicated in clause 26. In case it is necessary to supplement the complaint, this period shall be counted from the date of delivery of the supplemented complaint.
30. Response to the complaint containing the manner of its handling shall be sent only to the e-mail address provided by the User. In particularly justified cases, including at the explicit request of the User, the Administrator shall send a response to the complaint to another e-mail address provided by the User or in writing to the mailing address provided by the User. The response to the complaint containing the manner of its handling may also be provided by the Administrator or the Administrator's representative directly to the User by phone.
31. Within 14 days from the Administrator's response to the submitted complaint, the User indicates whether he/she accepts the proposed handling of such complaint. Failure to meet such deadline by the User entitles the Administrator to handle the complaint procedure as exhausted and assume the response to the complaint as final.
32. In case of lack of the acceptance of the User regarding the proposed manner of handling the complaint referred to in clause 29 and providing by the User the reasons for the refusal of such acceptance, within the period specified therein - the Administrator shall rehandle the complaint within 7 days. The Administrator's response to the complaint after this deadline is final.
33. The User may submit comments to the Administrator in relation with the use of the Service. Such comments shall be submitted by electronic means to the e-mail address indicated in clause 25. If possible, the Administrator shall respond to the User's justified objections to the e-mail address provided in the aforementioned notification, but not later than within 21 Business Days from the date of notification of the aforementioned comments.

CHAPTER VIII
LIcENSE

34. At the moment of placing the link to the Internet medium used by the User in LINKS service, the User grants the Administrator a license to use the materials contained as part of a given medium, including the User's image, in order to promote the Services provided under the brand OYOU. The license shall be valid during the term of the User's agreement for any Service under OYOU, and after this period it may be terminated with observance of 12 month's notice period with effect at the end of the year. The license shall be granted in the following fields of exploitation:  

1. recording and multiplication with the use of magnetic recording techniques, photosensitive, audiovisual, digital, optical, printing, computer, regardless of the recording format and medium, including flash memory, ssd, servers,

1. trading in the original or copies on which they were recorded, placing on the market, lending for use or renting the original or copies domestically and abroad,
2. entering into the memory of a computer and mobile devices,
3. dissemination by public performance, exhibition, display, reproduction (including in cinemas), as well as broadcasting and rebroadcasting (including wired or wireless ground stations, via satellite - encoded and non-encoded signal - with the right to retransmission under digital platforms and/or cable networks, Internet broadcasting), as well as public sharing, so that everyone can have access to them in a place and time chosen by them, including in the Internet, in other telephone, ICT, multimedia and computer networks, interactive use, sharing via streaming media,
4. entire or part use in connection with other content, including altered or abridged versions,

35. As of the moment indicated in clause 33, the User shall grant the Administrator the right to exercise the derivative copyright to the materials referred to in clause 33 above, namely to carry out their development, alterations, translations, adaptations, modifications, changes to the layout and to use them in the fields of exploitation indicated above.
36. The Administrator shall be authorized to transfer the authorisations mentioned in clause 33 and 34 above to the owner of OYOU brand mentioned in clause 3.
37. Granting the rights indicated in clauses 33-34 in no way shall limit the User in the free use of the materials.

CHAPTER IX
CANCELLATION OF THE SERVICE, BLOCKING ACCESS TO THE SERVICE AND TERMINATION OF THE AGREEMENT

38. The agreements for Links and Portfolio Service shall be concluded for indefinite period of time.
39. The parties may terminate the Links and Portfolio Service Agreement concluded for an indefinite period, at any time, with observance of  a 14-day notice period, effective at the end of the month.
40. The Administrator shall be entitled to block the User's access to the Service in the event that the User acts to the detriment of the Administrator or other Users, violate the law or the provisions of the Regulations by the User, and also when blocking the access to the Service is justified by security reasons - in particular by hacking. Blocking the access to the Service due to the aforementioned reasons shall last for the period necessary to solve the issue constituting the basis for blocking the access to the Service. The Administrator may notify the User of the intention to block the access to the Service 5 Business Days in advance by e-mail to the address provided by the User.

CHAPTER X
AMENDMENTS TO THE REGULATIONS

41. Due to important reasons (such as, for example, change in the applicable provisions of law or the practice of its application, or a change in the functionality of the Services), the Administrator shall reserve the right to amend the Regulations.
42. The User shall be notified by the Administrator about the wording of the amendment to the Regulations via e-mail sent to the address currently indicated by him/her at least 14 days in advance.
43. The following shall not constitute the amendment to the Regulations, including its  exhibits: change in the Administrator's contact details contained therein, change in the Administrator's data arising from a change in the legal form of his/her business, change of the name of the Services and other changes that shall not affect the rights and obligations of the Administrator or the User. Such cases do not constitute grounds for termination of agreements concluded with the Administrator.
44. The change of the wording of the Regulations shall apply to the User, if he/she does not terminate the Agreement within 14 days from receiving the message about the amendment to the Regulations together with information where to read its new version. In the event of such termination, the Agreement concluded with them shall be terminated upon the expiry of the period for which it was paid, and during such period the said amendments to the Regulations shall not apply.
45. The Administrator shall reserve the right to supplement the Regulations with new provisions regarding new Services he/she will provide. Such changes shall not constitute the basis for the termination of agreements concluded with the Administrator.

CHAPTER XI
FINAL PROVISIONS

46. The Regulations shall apply to Agreements concluded from 5 June 2021.
47. The User shall agree to transfer the rights and obligations under the Agreement to the owner of OYOU indicated in clause 3, within 12 months from the conclusion of the Agreement.
48. As regards the Content Premium and e-Commerce services, they are provided by the Administrator after concluding an additional individual written agreement with the User for their provision and only for Users who previously concluded Links Service Agreement.
49. The wording of the Regulations may be preserved by the User by printing, saving on a medium or downloading at any time from the website oyou.me.
50. These Regulations along  with the exhibits, the Administrator's offer accepted by the User and the generally applicable provisions of law shall constitute the only source of the Administrator's obligations towards the User. To the extent that the provisions of the Administrator's offer accepted by the User would be inconsistent with these Regulations, the provisions of such offer shall apply.
51. The Regulations shall not exclude or limit any rights of the User who is a consumer, which he/she is entitled to under the generally applicable provisions of law. In the event of any discrepancies between the provisions of these Regulations and the generally applicable provisions of law that grant consumers’ rights, such provisions of law shall prevail.
52. To the extent not covered by the Regulations, the applicable provisions of the Polish law, in particular the regulations of the Polish Civil Code, the Act of 18 July 2002 on Providing Services by Electronic Means and the Act of 4/02/1994 on Copyright and Related Rights , as well as the Act on Consumer Rights shall be applicable, but in the scope of consumers, it shall not deprive them of the protection granted by the law of the state of their residence, which cannot be excluded under agreement, if the provisions in force in such country are more favorable than the regulations applicable in the Republic of Poland.