Terms and Conditions

Terms and Conditions of the eLarynx Portal

Terms and Conditions for Provision of Electronic Services on the eLarynx Portal

GENERAL PROVISIONS

(1) The eLarynx web portal enables its Users to exchange knowledge, experiences and opinions on issues related to the medical profession. It is aimed at: physicians, dentists, medical analysts, paramedics, nurses and medical students and is free of charge for these groups.

(2) The portal has an educational, opinion-forming and social character. The materials contained therein may not constitute the basis for any actions infringing the Polish or international legal and ethical standards, in particular the provisions of the Copyright Act, the Act on Personal Data Protection, the Act on the Profession of Physician and Dentist, the Act on the Profession of Nursing and Midwifery, the Act on National Medical Rescue Service, the Pharmaceutical Act and the Code of Medical Ethics. The Portal is addressed to the broadly understood community of persons who are duly authorised to practise medical professions or who are in the course of training.

(3) These Rules set out the principles for the use of accounts for individual users (hereinafter referred to as "Users") on the eLarynx Web Portal and constitute regulations for the provision of services by electronic means within the meaning of the law governing the provision of services by electronic means.

4 The operator of the eLarynx Portal is Institute of Bioorganic Chemistry of the Polish Academy of Sciences, Poznan Supercomputing and Networking Center, ul Z. Noskowskiego 12/14, 61-704 Poznań, Poland, hereinafter referred to as "Administrator" or "Service Provider".

(5) The eLarynx Web Portal is used for the purpose of making films, photographs, documents and Medical Files available to other persons by the Users. Within the framework of the Portal, the Service Provider provides a service consisting of making the ICT infrastructure available in order for the Users to provide access to multimedia Files containing medical-related content.

(6) The eLarynx Portal also contains elements of a social networking service in the form of Blogs, Discussion Forums and a system of Comments, as well as other tools intended for the exchange of information, opinions and observations relating to the interests of its Users and the content available on the Internet, and in particular the content made available by Users via eLarynx.

(7) The exchange of publicly available information (including, but not limited to, opinions, observations and comments) between Users shall take place in particular through Posts published by Users, in which Users may also post Materials.

(8) Terms used in these Terms have the following meanings:

a) Comment (also referred to as "Post"): basic form of expression by a User on the Portal as part of its system of discussion forums, Users' blogs maintained as part of User Accounts and comments on Files. Thanks to Comments, Users can share their thoughts, views and opinions with other Users in a text and/or multimedia form (expressing them) and post Materials (including links to Files).

b) Private Comment (also referred to as a Private Post): a Comment only available to Registered Users; private messages sent between Registered Users ("Messages") are also considered a Private Comment.

c) User Account: a separate website for a given Registered User of the Portal, where information concerning that User is collected and presented. A User Account may contain Materials made available by the User, including in particular the Hosted Files added by the User.

d) Materials - all texts, information, articles, studies, comments, images, graphics, multimedia materials (including Files) and programmes and other content placed in electronic form by a Registered User on the Administrator's servers for publication (to the extent permitted by law and the Rules) on the Portal - including in the form of both a Link and a File (including, in particular, as a Hosted Object or a Hosted File).

e) Advertising Materials - Materials containing advertising/marketing content provided from Marketing Partners.

f) Abuse - any action by the User which is contrary to the law, these Terms and Conditions or good morals.

g) Unauthorised Access - a User who uses an Account of which he/she is not the owner, i.e. uses access data to which he/she is not the owner, or uses any resources of the Portal without being authorised to do so.

h) Embedded Object - Material in the form of an object embedded in the code of the Portal's pages by the User (in a Comment/Post). This includes in particular images, graphics, Flash, Java and other objects (films/clips).

i) Marketing Partner: an entity cooperating with the Administrator, whose advertising/marketing content may be included in the Portal or in messages sent to Users.

j) Hosted File - Material in the form of a File uploaded ("uploaded") to the Administrator's server by the User and hosted (maintained) on the Administrator's server.

k) Portal - a collection of webpages located in a given domain belonging to the Service Provider, owned by the Administrator, enabling, inter alia, the uploading of Materials and Posts (discussion forum system) to this Portal in order to publish them on the Internet and make them available to other Users.

l) Privacy Policy - a separate document regulating in detail the issues related to personal data processing and the rules of privacy protection applicable to the Users of the Portal, to be found at https://elarynx.eu/pages/view/id/2.

m) User Profile (Profile): all information about the User, including Account data, which the Administrator collects and permanently registers in its IT system.

n) Rules and Regulations - this document in the version currently in force, to be found at https://elarynx.eu/pages/view/id/1, constituting rules and regulations for the provision of services by electronic means within the meaning of the provisions governing the provision of services by electronic means.

o) Work: a work within the meaning of the copyright law, made available to Users by Partners through the Publisher Platform under the terms of these Rules.

p) Tribune - a blog containing articles on medical topics and information on events from the world of medicine.

q) User - any natural person with a degree in medicine, nursing or in the process of studying medicine, or an organisation that uses the Portal to upload and share Files, to post Comments/Posts (with or without Materials), and also only browsing (displaying) the content of the Portal - regardless of whether such action is performed using an access password or without the need to use such a password.

r) Registered User - a User that has registered by entering the relevant data (required in the registration form) using the IT means available in the Portal, having a unique login protected with a password. Only such a Registered User may post Materials in the Portal, including Hosted Files and Comments.

s) Logged in User - a Registered User that has logged into the Portal using the access data to his/her Account, in particular his/her login and password.

TERMS OF USE OF THE eLarynx PORTAL

(1) The Terms and Conditions set out the general rules for the use of the eLarynx Portal which enables the uploading of Files for publication on the Internet. In particular, it contains the rights and obligations of the Users and the technical rules for the operation and functioning of the eLarynx Portal.

The use of the eLarynx Portal is subject to the User's agreement to the provisions of the Terms of Use. The use of the eLarynx portal by the User means that the User has carefully read the Terms of Use, accepts the Terms of Use and agrees to their provisions. If the User uses the eLarynx Portal to upload certain Files or other content (e.g. comments), this means that the User acknowledges his/her rights to upload such Files or other content to the eLarynx Portal and is entitled to grant the licences, consents and permissions specified in the Terms of Use. The consequences of such actions, in particular the lack of appropriate rights or authorisations, shall be borne exclusively by the User committing the unlawful action.

3. by proceeding to use the Website, the User thereby declares that he/she has a degree in medicine or nursing or is a medical student.

(4) Within the framework of the use of the eLarynx Portal, the User may, in particular, in accordance with the rules set out in the Terms of Use and universally applicable laws:

(a) browse the content of the site, including Files placed in the Portal by themselves or other Users,

b) place Files on the Site,

c) describe Files placed by them

d) comment on and assess Files placed on the site by other Users,

e) place, on other sites or webpages, on discussion forums or on any other webpages, and distribute on the Internet in any other way (e.g. by e-mail, instant messaging) links to individual webpages operating as part of the site, including links to individual Files, provided that this does not infringe the relevant rules applicable in those places and does not violate the prevailing customs of the relevant Internet community.

(5) By registering and activating the Account, the User consents to the processing of the e-mail address provided during registration for marketing and information purposes, including, in particular, consent to the receipt of messages or information from the Administrator or other entities (with the Administrator's knowledge and express consent) and information concerning the Administrator's or other entities' products or services (with the Administrator's knowledge and express consent). This consent is the condition for setting up and activating an account and concerns the receipt of the above-mentioned information or messages by e-mail to the e-mail address provided during registration (or changed by the User at a later date to a different one, by editing the data in the User's profile), including in the form of an e-mail attachment. Withdrawal of this consent is tantamount to a request to delete the User Account together with all its contents. Withdrawal of such consent shall be made by submitting an instruction to remove the Account, in accordance with the principles described in the Rules.

(6) The Portal, despite making every effort to maintain a high level of content, shall not be responsible for:

(a) the content of the statements posted on the site and the content of the Files uploaded. The sole responsibility lies with the User who is the author of the statements/Files,

b) damages caused by the User's incorrect use of the Portal,

c) medical decisions made on the basis of materials contained on the site. In this respect, the responsibility rests solely with the person making the decision, as the materials contained on the site cannot be the basis for the User's treatment. Only a duly authorised doctor may decide about treatment, following a personal and individual examination.

(7) The user of an account shall be responsible for all activities relating to the use of the password for that account. The user is obliged to keep the password required to log into the Account strictly confidential. Sharing the password to the Account with anyone shall be prohibited. The Administrator suggests that Users choose the password in such a way as to make it impossible for other persons or computer programs to guess it. The Administrator suggests that Users change their password from time to time (e.g. every month). 8.

(8) Sharing the data necessary to use the Portal with other people using the User's login and password is prohibited.

(9) The Portal shall not be responsible for problems with the functioning of the site occurring as a result of unforeseeable events or which it could not prevent, in particular:

(a) for the consequences resulting from third parties gaining possession of the User's password,

b) service interruptions occurring for technical reasons (breakdown, maintenance, hardware replacement, etc.) or for other reasons beyond its control,

c) loss of data due to hardware or system failure or other circumstances beyond the Portal's control. 10.

(10) The source of funding for the eLarynx Portal is the Portal Administrator's own funds and funds obtained from Marketing Partners. The Portal Administrator retains complete autonomy, in particular with regard to the admission of materials for publication, their description, etc. The Marketing Partners do not have any influence on the Administrator with regard to the running of the eLarynx Portal or the Materials placed therein.

(11) The funds provided by the Marketing Partners enable free access for doctors and maintain a high level of content and technology on the Portal.

The Administrator does not charge the User any remuneration for using the eLarynx Portal. The User is not entitled to any remuneration for using the eLarynx Portal, including any licences, consents and permissions granted in accordance with the Terms of Use. Despite the fact that the Administrator's goal is to enable the eLarynx Portal Users to use the eLarynx Portal without remuneration, the Administrator reserves the right to introduce a fee for the use of the eLarynx Portal in the future in relation to some eLarynx Portal services selected by the Administrator, of which, if such fees are carried out, the Users will be informed in advance.

(13) In matters not regulated by the Portal Terms and Conditions, the provisions of generally applicable law shall apply. Each User is obliged to use the Portal in a manner compliant with these Rules and with the principles of "net-etiquette".

14th The technical rules and functionality of the service are described on the Portal's pages.

15. the Terms and Conditions shall come into force on 01.04.2018. any changes to the Terms and Conditions shall come into force on the day they are published on the Portal website at: https://elarynx.eu/pages/view/id/1. The User's maintenance of an Account on the Portal implies acceptance of the changes to the Rules and Regulations.

REGISTRATION ON THE PORTAL

1. in order to register the User shall complete the registration form by providing his/her e-mail address, login (name under which the Registered User will be visible in the Portal), accept these Rules and Privacy Policy, set up a password and then activate his/her Account through a link sent by the Administrator to the e-mail address provided by the User.

2 The Registered User obtains access to the full Portal functionality by entering the login and password (then he/she becomes a Logged in User).

3. an Account and a User Profile are created for a Registered User as a result of registration. A Registered User may supplement information within the Account with his or her own data, and may change or delete such data at any time. The extent to which such data may be made available to other Users is defined in the Privacy Policy.

4th The deletion of the Account takes place by sending a message with a request to delete the account to the address: admin@elarynx.eu

5th The User has access to information made public within the Account by the Registered User.

(6) By completing the registration process which ends in the setting up of an Account, the User declares that:

a) he/she has familiarised himself/herself with and accepted without exception the content of the Terms and Conditions,

b) to be familiar with and to accept without exceptions the contents of the Privacy Policy,

c) he/she agrees to the Administrator making his/her Account public, as well as to the publication of data (including the image) made public as part of the Account on the Portal pages, and accepts the fact that an unlimited circle of Users may have access to personal data, the image in photographs, films and other information made public as part of the Account, with the exception of the following data:

i. e-mail address,

ii. the password to the Account,

iii. activation codes or other types of confidential access data.

d) agrees that the Administrator may now and in the future process any personal data provided during registration for the purposes of the Administrator's performance of the services available as part of the Portal,

e) agrees that the Administrator may transfer the data provided during registration to third parties in order to receive system messages, notifications about new materials placed on the eLarynx, notifications about new functionalities and commercial and marketing information, as well as information concerning products and services. The Administrator shall ensure that, in such a case, these entities shall process the data in accordance with the applicable law, including, in particular, that they provide the User with the possibility to inspect, correct and delete their data.

(7) Providing personal data is voluntary, however, it is necessary in order to fully access the services offered on the Portal.

USE OF THE PORTAL

1. the Account may not be used by the User for commercial activities or to support such activities in any way without the Administrator's written consent. Commercial activity is also understood as placing advertisements by the Users in any Materials functioning within the eLarynx Portal, as well as other forms of deriving financial benefits from the possession of the Account.

(2) As part of the Portal, the Administrator shall provide a service consisting of the provision of ICT infrastructure for the purpose of making Materials available by Users. In particular, the Portal is intended, among other things, to enable Users to upload Materials to their Account, which they can then use from various geographical locations, via the Internet, including sharing these Files with other Users. 3.

3. by uploading a File to the eLarynx Portal, the User shall bear all the responsibility provided by the law and these Terms of Use related to a possible infringement of copyright and other rights related to making available and distributing the given Material.

The User may cancel the use of the Account at any time. The User has the right to resign from using the Service at any time, in particular if he/she does not accept later amendments to these Terms of Use by clicking on the appropriate link in the settings of his/her Account or by sending a request from his/her Account to the Administrator's email address for deletion of data.

RULES FOR POSTING MATERIALS AND COMMENTS

1) By posting a Comment or any Materials on the eLarynx Portal, Registered Users declare that they are free from legal defects and claims of third parties and that they hold all rights to the content posted, including author's economic rights covering the right to publish and distribute the Materials online, on the Internet, and the right to use a third party's image, and that these rights are not limited in any way for any third party.

(2) The materials entered and published should not enable the identification of the patient; however, if such identification is possible, it is necessary to obtain the patient's consent. The User introducing such materials declares to have such consent.

3 The Registered User shall bear full and unlimited liability for all Comments/Posts and Materials, Hosted Files he/she has posted on the eLarynx Portal.

4. the User, by using the eLarynx Portal to place specific Files, comments or other content, hereby declares that he holds all rights in this respect, including, in particular, copyright, and that his actions do not infringe the rights of third parties, including, in particular, copyright and intellectual property, and that he is legally authorised to do so, as well as legally authorised to grant the licences, consents and permissions specified in the Rules, and that the exercise of such rights in accordance with their scope shall not infringe the rights of third parties.

(5) The User shall be solely responsible for the consequences of his or her actions involving the uploading of Files, comments or other content to the eLarynx Portal, as well as for the consequences of the granting of licences, consents and permissions by the User in accordance with the Rules, including the exercise of the rights granted by the User within the limits of these rights. In the event that any entity makes a claim against the Administrator on account of the User's uploading of certain Files, comments or other content to the eLarynx Portal or on account of the User's granting, in accordance with the Terms of Use, of licences, consents and permissions, including the Administrator's use of the rights granted by the User within the limits of such rights, the User shall be obliged to unconditionally, irrevocably and at the first request of the Administrator or such entity to satisfy the Administrator's or such entity's justified claims. In the event that the Administrator has already satisfied such claims, the User will be obliged to pay the Administrator all costs incurred on that account, including the costs of legal assistance. The User's obligations defined in this clause shall apply to situations, in which claims of third parties covered by this clause will be a direct consequence of the User's actions or omissions concerning the placement of specific content on the site.

6. a User posting Files on the eLarynx Portal, also despite the subsequent deletion of an Account or Files, modification or any alteration of Files, or comments, also despite the subsequent deletion of an Account or comments, modification or any alteration of comments, or other content (collectively referred to: Files, comments and other content are hereinafter referred to as works), constituting a work within the meaning of the Act on Copyright and Related Rights of 4 February 1994 (consolidated text in Journal of Laws of 2000, No. 80, item 904, as amended), grants the Administrator a territorially unlimited, non-exclusive, free of charge, transferable licence (with the right of sub-licence) in all fields of exploitation provided for by the aforementioned Act, in particular grants the following rights to works:

(a) grants the Administrator a right of dissemination, unlimited as to time, unconditional, free of charge, unlimited as to territory, in any manner, including lending, rental and lease (of the whole or any part), marketing in any form and manner (of the whole or any part), including within IT systems, via the Internet or in any other manner, introduction into computer memory (of the whole or any part); the provisions of this subparagraph also apply to modified works, including those modified in terms of the computer format in which the work is recorded (the Administrator has the right to modify them),

b) grants the Administrator a right that is unlimited as to time, unconditional, free of charge and unlimited as to territory to public performance, screening, reproduction, broadcasting, rebroadcasting or rebroadcasting by means of any medium (including in particular by means of vision and/or sound) and the right to make other works available to the public; the provisions of this subparagraph also apply to modified works, including works modified in terms of the computer format of fixation of the work (the Administrator has the right to modify them),

c) grants the Administrator a right that is unlimited as to time, unconditional, free of charge and unlimited as to territory to publish the works on this site and on any other site or website, as well as in any other publication (including television or press) in any form (including but not limited to digital or magnetic recording) on any media (including but not limited to optical, magneto-optical or magnetic media); The provisions of this subsection shall also apply to modified works, including works modified in terms of the computer format of fixation (the Administrator shall be entitled to make modifications),

d) grants the Administrator a right that is unlimited as to time, unconditional, free of charge and unlimited as to territory to modify the works, including in terms of the computer format of fixation of the work; the Administrator shall be entitled to perform modifications at its own discretion when the modification is recognised by the holder of the right to modify as justified by technical or functional reasons of a given website or service or any other medium,

e) grants the Administrator a right that is unlimited as to time, unconditional, free of charge and unlimited as to territory to develop the works, including combining the works or individual parts thereof with other works, dividing the works at the discretion of the holder of the modification right,

f) grants the Administrator a right that is unlimited as to time, unconditional, free of charge and unlimited as to territory to permanently or temporarily reproduce and record works and their modified versions (in their entirety or in any part) by any means or techniques, including in particular printing, reprography, optical recording, magnetic magneto-optical, digital and any other existing and potentially created in the future means or techniques, and in any form, in particular on any type and format of CD-ROM, DVD, optical, magneto-optical and magnetic discs, compact discs and any other existing and potentially created in the future information carriers,

g) grants the Administrator a right that is unlimited as to time, unconditional, free of charge and unlimited as to territory to translate, adapt, introduce changes, including changes to the layout (in whole or in part),

h) grants the Administrator a right that is unlimited as to time, unconditional, free of charge and unlimited as to territory to grant sub-licences within the limits of the rights granted to the Administrator in the Rules and Regulations (within the limits of the licences granted).

(7) The licences specified in the Rules shall be acquired by the Administrator at the moment of uploading works to the eLarynx Portal. These licences are perpetual, which means that they do not expire despite the removal of the User's account for any reason by anyone (including both the Administrator and the User) or despite the removal for any reason by anyone (including both the Administrator and the User) of Files, comments or other content constituting a work as defined by the Act on Copyright and Related Rights of 4 February 1994 (consolidated text in Journal of Laws of 2000, No. 80, item 904, as amended).

(8) A User using the site, placing Files, comments and other content, permits the Administrator to exercise (in a manner unlimited as to time, unconditional, free of charge, unlimited as to territory, in the fields of exploitation provided for by the Rules for the licence granted) derivative copyrights to arrangements of the Files, comments or other content constituting works as defined by the Act on Copyright and Related Rights of 4 February 1994 (consolidated text in Dz. U. of 2000, No. 80, item 904, as amended). The provisions of the preceding sentence apply to both existing and potential future developments. Provisions concerning authorisation to exercise derivative copyrights mean that the Administrator is in particular entitled to use and dispose of such developments in a manner determined at its own discretion, in the fields of use provided for by the Rules for the licence granted. The Administrator shall also be entitled to grant the right for other entities to exercise derivative rights to the developments.

(9) The authorisation to exercise derivative copyrights provided for in the Rules is unlimited in time, which means that it does not expire despite the removal of the User's account for any reason (by both the Administrator and the User) or despite the removal for any reason by anyone (including both the Administrator and the User) of Files, comments or other content constituting a work as defined by the Act on Copyright and Related Rights of 4 February 1994 (uniform text in Dz. U. of 2000, No. 80, item 904 as amended). 10.

(10) The User undertakes not to exercise personal copyrights with respect to the Files, comments and other content constituting a work within the meaning of the Act on Copyright and Related Rights of 4 February 1994 (consolidated text in Dz.U. of 2000, No. 80, item 904, as amended), including in particular the obligation to use the content of the Files, comments and other content constituting a work within the meaning of the Act on Copyright and Related Rights of 4 February 1994 (consolidated text in Dz.U. of 2000, No. 80, item 904, as amended). ), in particular the User undertakes not to demand from the Administrator to mark works or their copies with a surname, a pseudonym or any other marking pointing to the User, while the Administrator ensures that Files of a User with an active account on the eLarynx Portal will have a source of origin (they will be marked as originating from a specific User by indicating the User's login on the site).

USER OBLIGATIONS

The User undertakes to use the Website in accordance with its purpose, the applicable Polish laws, social and customary norms, the provisions of these Rules, and the principles of netiquette, and in particular to:

a) give the uploaded Files names and place descriptions consistent with the actual content of the Files,

b) to use the Portal in a manner which does not infringe the rights of other Users,

c) to monitor potential changes to these rules available at https://elarynx.eu/pages/view/id/1 on an ongoing basis and to become familiar with them,

d) not to place Files on the Account which are used as components of websites or executable applications.

INJUNCTIONS AND PROHIBITIONS

The User is prohibited from:

(a) to download, broadcast or rebroadcast by means of any medium (including, in particular, by means of vision and/or phonation) or otherwise make available to the public the Materials posted on the eLarynx Portal without the written consent granted by the Administrator constituting a licence (sub-licence) to use the Materials posted on the eLarynx Portal.

b) to distribute, through the Account, Files or other content to which the User does not hold the copyright or other authorization to publish or distribute them on the Internet,

c) upload materials (pages, graphics, texts, audio and video recordings, etc.) containing illegal content, in particular content that is pornographic, child pornography, animal pornography or violent content, content that promotes audio or software piracy, data breaching techniques, viruses and the publication of any other similar material in terms of content and operation,

d) publish content inciting ethnic, racial, religious or any other kind of hatred or promoting fascism, Nazism and other criminal ideologies,

e) to disseminate content via the eLarynx Portal that grossly violates generally accepted social and moral norms as well as grossly drastic content,

f) to create Accounts and Files with names that violate the law, refer to words that are commonly regarded as offensive or violate good morals; this prohibition also applies to the description of Accounts and Files,

g) make it difficult for other Users to use the Portal, including by interfering with individual elements of the Portal in a manner for which such elements are not adapted,

h) to undertake actions aiming at reading access passwords of other Users, including attempts to guess passwords,

i) to transfer against payment as well as any other form of paid access to a part or the entire account,

j) not to include in the Posts or any other available on the eLarynx any private "rules", "disclaimers", disclaimers of own or other Users' liability in any form or content,

k) for the User to post Files and content containing any personal data of others on the Portal,

m) to contact other Users of the eLarynx Portal for purposes not related to the exchange of experience and medical knowledge without the written consent of the Administrator.

CIVIL LIABILITY

1. the User shall bear all the responsibility related to the respect of copyright and other rights related to the storage, distribution and other forms of use of the File in question.

2. the User undertakes that, should a third party assert claims against the Administrator for infringement of any of their rights by Materials uploaded by the User in any of the forms available on the Portal, the User will take the Administrator's place or intervene in the case as an outside intervener and will assume the entire costs of any court proceedings, costs of legal representation and damages awarded or agreed by way of settlement.

(3) If an infringement or attempted infringement of these Rules is detected, the Administrator shall be entitled, to the extent permitted by law, to charge a contractual penalty in the amount of up to ten times the value of the benefits obtained by this action, and if it is difficult to determine the value of such benefits, in the amount of up to one hundred times the lowest salary determined by the Minister of Labour and Social Policy.

(4) Infringements of the provisions of these rules may, at the Administrator's discretion, result in a warning, blocking of access to the Account, total blocking of the Account, removal of individual Files, restriction of the possibility of using specific services or functionalities of the Portal or removal of the Account together with all the Files stored in it. In the event that the User has undertaken actions that are not prohibited by these Rules, but are, in the reasonable opinion of the Service Provider, considered undesirable, the Service Provider may notify the User by e-mail, requesting the User to cease such actions. The User's failure to immediately comply with this request shall constitute a breach of these Terms and Conditions. In exceptional situations, the Service Provider reserves the right to block public access to the Account, part of the Files or block access to the Account altogether.

(5) It is also considered a violation of these Terms and Conditions to encourage, facilitate or promote methods of violating and circumventing its provisions, as well as to knowingly benefit from such actions.

CRIMINAL LIABILITY

(1) A User who appropriates the authorship or misrepresents the authorship of the whole or part of another person's work or artistic performance shall, in accordance with the provisions of the Criminal Code, be liable to a fine, restriction of freedom or imprisonment for up to 3 years - Article 115(1) of the Act on Copyright and Related Rights of 4 February 1994.

(2) A user who distributes, without stating the surname or pseudonym of the author, another person's work in the original version or in the form of an adaptation, an artistic performance or publicly distorts such a work, shall be liable, in accordance with the provisions of the penal code, to a fine, a restriction of freedom or imprisonment of up to 3 years - Article 115(2) of the Act on Copyright and Related Rights of 4 February 1994.

(3) A User who, without authorisation or in breach of its terms and conditions, distributes another person's work in the original version or in the form of an adaptation, an artistic performance, a phonogram, a videogram or a broadcast, shall be liable, in accordance with the provisions of the Criminal Code, to a fine, a restriction of freedom or deprivation of freedom of up to 2 years - Article 116(1) of the Act on Copyright and Related Rights of 4 February 1994.

(4) A user who prevents or obstructs the exercise of the right to control the use of a work, or refuses to provide the information provided for in Article 47 of the Act, will be liable, in accordance with the provisions of the Criminal Code, to a fine, a penalty of restriction of liberty or deprivation of liberty for up to one year - Article 119 of the Act on Copyright and Related Rights of 4 February 1994.

EXCLUSION OF LIABILITY AND DISCLAIMERS

(1) To the extent permitted by law, the Administrator's liability is excluded for:

(a) any damage resulting from the way in which the Users use the Portal, insofar as such actions of the Users do not constitute normal use of the Portal in accordance with its purpose,

b) any damage caused to the User due to incorrect sharing of the Files or the impossibility to share the Files due to this,

c) consequences of third parties gaining access to the User's access password, provided that this was due to the User's fault (e.g. the password was made available to a third party by the client),

d) the provision of the password and data to persons authorised under the applicable legal provisions,

e) Information downloaded by the User from the Internet and the consequences of its use by the User,

f) damages caused by force majeure,

g) for any actions undertaken with regard to the User in relation to his/her infringement of the provisions of the law or these rules, in particular for the blocking of public access to the Account, the total blocking of the Account, the removal of individual Files, the restriction of the possibility of using specific services or functionalities of the Portal, or the removal of the Account together with all the Files stored in it.

h) for potential damage in connection with the content of Comments and Materials,

i) the User's actions consisting in the collection of personal data in breach of the law and its subsequent processing, in particular making it available to unauthorised persons in a manner inconsistent with the regulations governing the protection and processing of personal data.

(2) To the extent permitted by law, the Administrator reserves the right to:

(a) periodically shut down the Portal without prior notice,

b) remove immediately one or more Files uploaded by the User, as well as the entire Account, without prior notice, in the event of an infringement of the provisions of these Rules,

c) remove some or all of the Files on the eLarynx Portal in exceptional situations,

d) limit access to selected Materials to a certain group of Users,

e) to discontinue the provision of free services altogether, after prior notification to the User on the Portal pages,

f) remove Comments or Materials in the event of discovering that they may infringe the rights protected by law of third parties or violate good practices,

g) transfer its rights and obligations related to the provision of electronic services on the eLarynx Portal to another competent entity.

AMENDMENTS TO THE RULES OF PROCEDURE

(1) All provisions of the Terms of Use may be amended by the Administrator at any time for important reasons.

(2) Any changes to the Terms and Conditions will be published in the form of a consolidated text of the Terms and Conditions on the eLarynx Portal at: https://elarynx.eu/pages/view/id/1.

(3) In the case of non-acceptance of the Terms of Use the User is obliged to terminate the agreement with the Administrator by immediate deletion of the Account. Failure to delete the account shall be construed as acceptance of the currently effective Rules and Regulations.

FINAL PROVISIONS

(1) Any information about violations of these Terms of Use by Users should be sent to admin@elarynx.eu.

(2) Complaints concerning the services provided on the Portal may be sent via the appropriate Portal contact form or in writing to the address given in para. 1 of these Regulations, and will be considered within 30 days from the date of their registration in the system or receipt of the letter.

(3) Nothing in these Terms and Conditions shall be interpreted in such a way as to limit the rights of consumers in accordance with applicable law.

(4) In the event of any disputes arising in connection with the functioning of the eLarynx Portal, in particular in connection with the infringement of the provisions of these Terms and Conditions or applicable legal regulations, where one of the parties is the Administrator, the Polish legal regulations and EU regulations shall apply, and the court of competent jurisdiction shall be the Administrator's seat.

(5) These Regulations shall enter into force on 1 January 2023.