§ 1. General.

1. In accordance with art. 8 part. Section 1 Act dated 18 July 2002. on providing online electronic services (Dz. U. Nr 144, poz. 1204 plus later changes) eskapadowcy.pl decides that Terms of Use Agreement to provide Online Electronic Services will hereinafter referred to as Agreement.
2. Agreement will use the definitions listed below:
   Terms of Use – "eskapadowcy.pl terms of use" defines terms of use regulations as seen by act dated 18 July 2002 on providing electronic online services (Dz. U. nr 144 poz. 1204). It defines the terms to provide online services to eskapadowcy.pl Users, regulations to enter users profile free of charge, regulations to share travel descriptions and images online (unlimited access by public), comments and terms of exchanging information between the users of eskapadowcy.pl,
   Portal – online service at : http://www.eskapadowcy.pl/,
   Contractor – the owner of the online service at: http://www.eskapadowcy.pl/,
   Service – tourist and social community online service, owned by Contractor at URL: http://www.eskapadowcy.pl/, as well as any other service which is or will be the continuation of the parent service and which will enable its users to use their profiles to desribe their trips and images, make comments and allow reciprocal contacts between the users.
   Services – all the services provided to Users by Contractor listed in the Terms of Use Agreement.
   User – natural or legal person, who has registered in the service and has a User Account.
   Administrator – an individual who takes care of the proper functioning of the web portal.
   Moderator – an individual who manages the contents and is responsible for its presentation. Moderator bares no responsibility for the opinion expressed in the posts of the users.
   Post – a piece of information, comment, travel description, opinion, image, film or a discussion entry as well as any other material posted by the user.
3. Terms of Use describes the conditions under which eskapadowcy.pl provides the services and in particular:
   a/ rights and responsibilities of Contractor and Users
   b/ Contractor Limitation on Liability:
   c/ Regulations which deal with sharing, opening and using User Personal Account.

§ 2. Users profile: opening, sharing and using the account.

1. Service eskapadowcy.pl can be used free of charge.
2. You must be 18 or over to register as a member of or use eskapadowcy.pl. If you are under 18, you can register as user privided your parents or legal guardians give you permission.
3. One person (natural or legal) can register one User Account.
4. You become a user of free of charge eskapadowcy.pl services on acceptance of the Terms of Agreement and sending a registration form.
5. User gets access to his/her profile and to other services eskapadowcy.pl offers after logging in by entering login and password.
6. Messages activating the profile will be sent to the email provided by User in the registration form. User is responsible for providing working email address.
7. Contractor shall not verify Users identification data provided in the registration form.
8. Contractor stores and processes Users data necessary for the Contractor to carry out services listed in Terms of Use Agreement (User's login and email). Contractor stores the date of adding a comment or other user's materials, as well as ID of the computer the data was sent from.
9. User has the right to get access to their personal data as well as the right to delete it. Entering personal data is voluntary, however refraining from entering it may forbid User to use eskapadowcy.pl services., Contractor promises to do his best to protect Users data. User is obliged to secure the account access password from unauthorised accsess by a third party.
10. User acceptance to process personal data for marketing purposes means agreeing to receiving commercial information sent by Contractor or other parties who are in co-operation with Contractor. Contractor has no right to pass Users personal data to third parties unless he is permitted by User and the regulations as seen by 29 August 1997 Act on protection of personal data. Commercial information may be sent to User's email provided by User during the eskapadowcy.pl registration process.
11. User can introduce updates to the personal data on the condition that they do not contradict the actual state of things.
12. On making a profile User gets a full access to interactive tools provided by eskapadowcy.pl which in particular enable:
    - entering trip descriptions (past and planned),
    - starting a blog,
    - putting up adverts on looking for travel companions,
    - putting up adverts on looking for the means of transport to/from a chosen destination,
    - providing information on the costs of travel,
    - downloading images and video films,
    - providing information on interesting places and evaluation of the places,
    - making comments to travel descriptions as well as shots taken by other Users,
    - Users reciprocal contacts
13. User shall use the profile in accordance with Law, generally accepted social standards and the Terms f Use Agreement of eskapadowcy.pl.
14. User is responsible for the way they are using the free of charge profile in eskapadowcy.pl, including the content they publish. User is aware of legal responsibility for any activity which violates the Law On demand of authorities Contractor shall forward personal data of User to them.
15. Contractor has the right to delete the User profile (account) if:
    a/ they do not use eskapadowcy.pl services in accordance with Terms of Use,
    b/ User uses their profile to violate generally accepted rules and law or if they violate the rights, harm, or threaten the safety of eskapadowcy.pl,
    c/ if User's name might be offensive, illegal or violate generally accepted social codes as well as when it violates the rights of the third parties or breaches Polish Law.
16. User shall not be notified about blocking or deleting their account. Deleting the account cannot be undone and the account shall not be restored.
17. User may delete their profile, however, if they delete the profile the descriptions of the travels published on it cannot be restored.
18. With the exception of sec. 14 par 2, Contractor shall not forward, sell or give access to the data in his possession to any third party unless it is prior agreed otherwise.
19. In case eskapadowcy.pl changes their strategy, Contractor has the right to stop allowing access to their space free of charge. Contractor shall inform the Users about the decision one month in advance. Contractor has the right to introduce other paid services on eskapadowcy.pl at any time.

§ 3. Contractor rights and responsibilities.

1. Contractor enables Users 24-hour access to eskapadowcy.pl services, however, milstone.pl has the right to carry out technical repairs and maintainance works which may result in temporary breaks in the Service. Such breaks may also occur due to curcumstances Contractor has no control over. Contractor bares no responsibility for any kind of loss (including the loss of data) and damage done to User caused by such breaks. Contractor will do his best to introduce the breaks at night (GMT) and limit them to 24 hours in each week eskapadowcy.pl offers its services.
2. Contractor bares no responsibility for any damage done to third parties due to incorrect use of users accounts (such as violating the Law, generally accepted codes, Terms of Use of this Agreement etc). Contractor bares no responsibility for the content and form of the materials and comments entered by users.
3. Contractor has the right to freeze or delete User's profile / account if circumstances dealt with in § 2 sec. 15 occur.
4. Contractor is not responsible for any legal errors in the content published in the Service by its users, in particular property rights and copyright law.
5. Contractor bares no responsibility for the content of commercial adverts displayed in the Service or links to websites placed in the Service.
6. Contractor has the right to allow access to User's data to authorities if it is demanded by Law.
7. Contractor has the right to introduce software adjustments with no prior information given to the users of eskapadowcy.pl.
8. Contractor has the right to change the skin and graphic layout of eskapadowcy.pl with no prior information given to the users of eskapadowcy.pl.
9. Contractor has the right to develop and change the functionality of eskapadowcy.pl with no prior information given to the users of eskapadowcy.pl.
10. Contractor has the right to close down eskapadowcy.pl or exclude certain services one month after the decision has been made public. In case Contractor decides to close down the functionality of eskapadowcy.pl, the acces to the service will be blocked on the expiry date, and all the posts as well as Users info and data will be deleted.

§ 4. Users rights and responsibilities.

1. User is solely responsible for the content of comments and materials they display.
2. User declares that he/she has the right to use the materials they display in the posts and that the materials are copyright.
3. User shall not display the content and materials which violate the Law and generally accepted social codes of ethics or violate the Terms of Use of the Agreement.
4. User shall repair any damage done to Contractor, should third parties have claims due to violating copyright, or any similar rights or rights to Users posts (see section 2 and 3) as well as Comments entered by eskapadowcy.pl Users.
5. User agrees to publish their posts in eskapadowcy.pl.
6. User shall repair any damage they have done to Contractor due to violation of Terms of Use of the Agreement.
7. User declares the persons whose images are displayed in eskapadowcy.pl have agreed to make them public.
8. User declares that their acceptance of Terms of Use means that they will settle accounts with any person who has the rights to any claims for placing the posts on User's profile in eskapadowcy.pl.
9. User shall not publish the content which may be offensive, promoting pornography or may violate the Law, which might be illegal, or that might violate the rights, harm, or threaten the safety of eskapadowcy.pl, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, sex, race, nationality, language or religion; harasses or advocates harassment of another person or invades their privacy;promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work. On accepting Terms of Use, User declares they will repair any damage done to Contractor due to abuses listed in section 9.

§ 5. Content Posted on the Site eskapadowcy.pl.

1. If eskapadowcy.pl Terms of Use are met, Contractor allows Users access to eskapadowcy.pl server space free of charge and provides software for them to publicly publish the content and images.
2. User is allowed to download images in formats: jpeg, jpg, jpe, gif, png, up to 1MB.
3. Posting content and images to eskapadowcy.pl means they can be seen in public.
4. By posting content to any public area of eskapadowcy.pl User grants Contractor the right to use the content and images free of charge for the indefinite period of time by repeated and multiple posting and distributing them in other IT and Tele-IT webs, including the Internet. Contractor will do it so that every person can have access to them in any time and place, in other parts of eskapadowcy.pl Service than the ones pointed at by User. By posting content to any public area of eskapadowcy.pl User gives Contractor permission to use content or images they have posted for the needs (see sentence 1 in section 4) of eskapadowcy.pl.
5. By posting content to any public area of eskapadowcy.pl User declares that content and images they have posted do not violate the regulations of Law, or the rights of third parties (the right to image inclusive), and User has the right to use them in eskapadowcy.pl and to give their agreement to carry out the activities listed in section 4 (see above).
6. The content posted by Users does not reflect Contractor's views and opinions.
7. eskapadowcy.pl Users must not post the content which is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
8. eskapadowcy.pl User bears a full responsibility for the content and images they publish. In particular it means that User is fully responsible for any claims third parties might have due to violating their rights by posting information which contradicts the factual state of things.
9. Contractor has the right to freeze posting, demand changes in them or delete any content, messages, photos, profiles or travel discriptions (collectively, "Content") that in the sole judgment eskapadowcy.pl violates the Terms of Use (see sections 7 and 8) or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of eskapadowcy.pl and/or its members.
10. eskapadowcy.pl User gives Contractor the right to access the data they have provided into their account / profile.
11. User shall not use capital letters which in the Internet mean scream.

§ 6. Reciprocal contacts among eskapadowcy.pl Users

• Contractor enables each User to have contact with other Users by means of internal message system which sends individual messages directly to the addressee. The message will be sent to the email address provided by User in eskapadowcy.pl registration form.

§ 7. Support and Limitation of Warranty and Liability.

1. In need of support Users shall notify us via Support center at kontakt@eskapadowcy.pl.
2. Support claims will be dealt with on "first-come, first serviced" basis. In case of serious complaints, they will be dealt with no later than within 30 days after the delivery date. The reply will be sent to the email address provided by the person complaining, or to the email address the complaint was sent from.
3. Contractor will not deal with any complaints about the services provided by third parties when using eskapadowcy.pl. Contractor is nor obliged to forward the complaints to any third party, either.
4. To the fullest extent permitted by Law Contractor disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information in provided and displayed on eskapadowcy.pl content and images.
5. Contractor disclaims any and all responsibility for any relations or occurances in real world between milestone.p Users or met via eskapadowcy.pl.
6. Due to inability to verify the personal data, Contractor disclaims any responsibility for the accuracy, completeness and reliability of information provided by eskapadowcy.pl Users about themselves and other users.

§ 8. Other provisions.

1. Terms of Use has been in power since 1 May 2010.
2. Contractor reserves the right to introduce changes to Terms of Use. eskapadowcy.pl Users will be notified about the changes in advance by email provided on filling the registration form.
3. Any unsettled issues or dispute which may occur and which are not listed in Terms of |Use shall be governed by the laws of the Regulation of the Polish Civil Code, the Act dated 18 July 2002 / providing electronic services (Dz.U. nr 144 poz. 1204) and Copyright Law (Dz.U. 1994 Nr 24 poz. 83).
4. Contractor has the right to carry out advertising and marketing campaigns on eskapadowcy.pl, to place commercial advertisments while displaying content, comments and images provided to eskapadowcy.pl by its Users.
5. Any dispute which may occur while providing electronic services will be conducted by Contractor relevant Court.