Term of service

1. Introductory provisions

1. The Regulations define the rules constituting the legal basis for using the internet service available at the domain address mocradio.pl (hereinafter referred to as the ‘Service’).
2. The rules for using the Service are made available free of charge for each User at the internet address mocradio.pl in a manner that allows downloading, saving and printing the Regulations.
3. The website pages of the Service are based on ‘cookies’ technology. The rules for the use of cookies by the Administrator are contained in the Privacy Policy available at the internet address mocradio.pl/en/privacy-policy.
4. Before using the Service, the User is obliged to read the content hereof. By using the Service in any way, the User declares and confirms that they have read the content hereof, accept its provisions and undertake to comply with them.
5. The provisions hereof and Annexes hereto, being their integral parts, together with the provisions of law in force in the territory of the Republic of Poland, exclusively define the rights and obligations of the Service Users, as well as the rights, obligations and liabilities of entities having the right to run and administer the services made available via the Service.
6. In matters not covered hereby, the applicable provisions of Polish law shall apply, and any disputes arising herefrom shall be resolved by the competent Polish courts.

2. Definitions

1. Administrator – the entity managing and running the Service, which is The Association of Radio Broadcasting Employers ‘MOC RADIO’ with its registered office at Al. Jana Pawła II 11 in Warsaw (00-828), Poland;
2. Personal Data – any information relating to an identified or identifiable natural person;
3. Materials – texts, photos, graphics, charts, video materials, multimedia materials, and so on, in particular constituting a work within the meaning of the Act on Copyright and Related Rights;
4. Regulations – those regulations defining the rights and obligations of the Administrator and the User of the Service, constituting the regulations referred to in Art. 8 of the Act on the provision of electronic services;
5. Service – the internet service (www) belonging to the Administrator, available at the domain address mocradio.pl, through which the Administrator provides Services on the terms specified herein;
6. User – any person who uses the Service in any way;
7. Services – services available on the Service and provided electronically by MOC RADIO for Users, enabling in particular:

1. reading the materials prepared by MOC RADIO,
2. using IT mechanisms operating as part of the Service.

3. The rules for using the Service

1. As part of the Service, the User may view the materials made available in such a way that they have access to them at a place and time chosen by them, regardless of the type and mode of operation of the device or application used by the User.
2. Services are provided to the Service Users on the terms and conditions set out herein.
3. Subject to 3(4) hereof, the contract for the provision of Services on the Service is concluded between the Administrator and the User when the User enters the appropriate URL address of the Service in the web browser, while the contract for the provision of Services on the Service is terminated when the User closes the Service.
4. The use of the Services does not require registration, unless otherwise provided in the rules relating to a specific Service.
5. The procedure and conditions for concluding and terminating contracts for the provision of Services specified in separate regulations are set out in individual regulations relating to these Services.
6. Unless separate specific regulations regarding a given Service provide otherwise, the User’s use of the Service is free of charge.
7. Any comments, remarks and questions related to the Service shall be sent to biuro@mocradio.pl.

4. Intellectual property

1. The Service and the materials contained therein, including works, trademarks, databases, as well as their selection and compilation on the Service are subject to protection provided for in applicable legal provisions, in particular in the Act of 4 February 1994 on copyrights and related rights (Journal of Laws 2006, No. 90, item 631, as amended), the Act of 27 July 2001 on the protection of databases (Journal of Laws 2001, No. 128, item 1402, as amended), the Industrial Property Law of 30 June 2000 (Journal of Laws 2013, item 1410, as amended) and the Act of 16 April 1993 on combating unfair competition (Journal U. 2003, No. 153, item 1503, as amended).
2. The rights to works, trademarks and databases made available on the Service are held by the Administrator or third parties. If third parties are entitled to the rights in question, the Administrator presents works, trademarks and databases on the Service based on relevant agreements concluded with these entities, in particular licence agreements and agreements for the transfer of proprietary copyrights, or based on applicable law.
3. By using works or databases made available on the Service, the User neither acquires rights nor obtains a licence to the works or databases.
4. The User may use the Service and works and databases contained therein only within the permitted use provided for in the Act on Copyright and Related Rights and the Database Protection Act. In particular, it is unacceptable to: 
1. multiply, modify, block, reproduce for the public and disclose to the public the Service or its parts and works published on the Service or their parts on the internet, except for cases specified in applicable legal provisions;
2. download the contents of databases and their secondary use in whole or in significant – in terms of quality or quantity – part.

5. The rights and obligations of the Service User

1. The User shall use the Service in accordance with applicable law, social and moral standards, the provisions hereof and the principles of social coexistence.
2. The User shall not infringe the rights, in particular proprietary copyrights, of the Administrator and third parties.

6. Liability

1. The User shall be liable for:
1. the manner in which the User uses the Service and for any resulting consequences;
2. damages resulting from the User’s actions inconsistent with applicable law or the provisions hereof;
3. information downloaded from the internet, in particular from the Service, the effects of their use by the User and their usefulness for the User.
2. The Administrator:
1. shall exercise due diligence to ensure that the Service is used in accordance herewith;
2. shall inform the User when technical problems or technical limitations of the User’s computer equipment (firewalls, blocking by browser extensions, incorrect versions of multimedia file players, anti-virus software and others) may limit or disallow the User’s access to the Service;
3. does not guarantee, due to the properties of the internet and the User’s computer equipment independent of the Administrator, uninterrupted and undisturbed access to the Service.

7. Personal data

1. The Administrator is the administrator of personal data processed by the Service.
2. Each User has the right to access their personal data processed by the Administrator, the right to correct their personal data and to demand the cessation of their processing and their removal.
3. In order to exercise the rights referred to in 7(2) hereof, the User shall submit a relevant request in writing to Administrator’s office address or by email to: biuro@mocradio.pl.
4. The Administrator shall not make available in any other way than results from the purpose of the Service or the scope of consents and declarations the User’s personal data to other data administrators without a legal basis requiring the Administrator to do so, and shall make every effort to ensure that the personal data are properly guarded, in particular in the manner provided for by the provisions of the Personal Data Protection Act.
5. Detailed provisions regarding the processing of the User’s personal data are contained in the Privacy Policy available at mocradio.pl/en/privacy-policy

8. Complaints procedure

1. Each Service User has the rig
ht to lodge a complaint about matters related to the functioning of the Service.
2. Complaints shall be submitted by email to biuro@mocradio.pl or by post to Związek Pracodawców Mediów Radiowych „MOC RADIO”, Al. Jana Pawła II 11, 00-828 Warszawa, Poland.
3. The Administrator shall consider the complaint within 30 days of its receipt.
4. A response to the complaint shall be sent to the User to the address provided by the User in the complaint.
5. The Administrator reserves the right to extend the deadline specified in 8(3) hereof – by no more than 14 days – in the event that examination of the complaint requires unusual, special actions and arrangements or encounters obstacles independent and not attributable to the Administrator (failure of equipment, internet, etc.). The Administrator also stipulates that considering the complaint may require obtaining additional explanations from the User, which may also affect the extension of the deadline.
6. Any information about violations shall be sent by email to biuro@mocradio.pl.

9. Final provisions

1. The law applicable to legal relations resulting from the use of the Service by Users is Polish law.
2. Any potential disputes arising herefrom shall be settled by the competent courts in accordance with the provisions of the Code of Civil Procedure.
3. As far as it is in line with applicable regulations, the Administrator reserves the right to make amendments and modifications hereto for important reasons related to the technical or substantive aspect of the operation of the Service, in particular in the case of changes in applicable law or changes in commonly used information technologies.
4. Any amendments hereto shall be communicated to the Service Users on the mocradio.pl website.