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Platform Terms & Conditions

Arch Viz Artist

  1. Definitions
    In these Terms of Service, the following terms, which are written in capital letters, shall be understood as follows:
    1. “User” – an adult person (over 18 years old) or a legal person, or an entity without legal personality to which legal capacity is granted by the law, who concluded the agreement with the Provider under these Terms of Service;
    2. “Consumer” – User who is a natural person who performs with the Provider a legal action not directly related to their business or professional activity;
    3. “Content” – images or videos uploaded to Platform and made available under these Terms of Service. “Images” includes photographs, vectors, drafts, drawings and illustrations.
    4. “Videos” refers to any moving images, animations, films or other audio-visual representations.
    5. “Platform” – internet platform available at https://archvizartist.com;
    6. “Provider” – Black Balance Limited, company number: GB 13334620, 21 Navigation Business Village Navigation Way, PR2 2YP Preston, United Kingdom;
    7. “Service” – service supplied by electronic means of communication. Provider offers the following Services:
      • Account (as defined in clause 3 below),
      • Content Upload (as defined in clause 4 below).
    8. “Terms of Service” – these Terms of Service.
  2. General Provisions
    1. Terms of Service specify the rules and regulations for the supply of Service[s], in particular the types and scope of Services, the conditions for the supply of Service[s] (including technical requirements requisite for cooperation with the information and communication technology system used by the Provider and a prohibition on providing illegal content by User), the conditions for making and terminating contracts of Service[s] and a complaint procedure.
    2. User who plans to use the Platform is obliged to read these Terms of Service before using the Service[s] and to comply with its provisions throughout the period of using the Service[s].
    3. Provider shall not be liable for the use of the Platform by the User in a manner contrary to the provisions of these Terms of Service.
    4. These Terms of Service are available to User at any time on the Platform. User can also copy the text of these Terms of Services, save it or print it, using their device.
    5. All communication related to the agreement will be via email, unless these Terms of Service provide otherwise.
  3. Account
    1. To use all functions and features of the Platform, User may register individual Account. Use of the Platform without registering the Account is possible, however this may cause limited availability of certain features or functions.
    2. To register the Account, User shall:
      1. provide all required data (username, e-mail address, password) in a complete and truthful manner,
      2. accept these Terms of Service by ticking the appropriate checkbox.
    3. Account service provides User with:
      • access to Content Upload service,
      • possibility to add Content to favourites – by clicking the appropriate “like” heart-shaped icon.
    4. Account service agreement is considered to be concluded at the time of completing all required data and clicking the register button.
    5. Account service agreement shall be concluded for an indefinite period.
    6. Account service is provided free of charge.
    7. User can terminate their Account and stop using the Service at any time by:
      • sending us an email at contact@archvizartist.com with the request to delete Account,
      • request addressed directly to Provider.
    8. Account can be terminated by the Provider, if the User violates Terms of Service or generally applicable law.
  4. Content Upload
    1. Content Upload service enables User to upload, share, provide and store their own Content on the Platform.
    2. Registration of the Account is required to upload the Content.
    3. To use the Content Upload service, User shall click the “Add new work” button on the Platform, provide needed details, and select the image file in a .jpg format supported by the Platform, or video by typing a YouTube link.
    4. As a result of using the “upload” option, a submission for Content approval is sent to Provider. Each submission is manually reviewed and evaluated to check for basic technical and quality requirements. Submitted Content approved by Provider shall be posted on the Platform.
    5. The authority for approval is at the sole discretion of the Provider.
    6. Content Upload service agreement is considered to be concluded upon submission approval by the Provider.
    7. Content Upload service is provided free of charge.
    8. Content Upload service agreement concerning individual Content shall be terminated by removing relevant Content from Platform as a result of either Provider or User action. User can remove Content from Platform anytime by using “delete” option in the context of the relevant Content or by request addressed directly to the Provider. Provider is entitled to remove Content from the Platform, if the User violates the provisions of these Terms of Service or generally applicable law.
    9. Content shall be automatically removed from the Platform following the removal of Account.
    10. Provider shall not be liable for any damage suffered by User as a result of Content’s removal from the Platform at the User’s initiative.
  5. Technical Requirements
    1. The following equipment is required to use Platform:
      1. a PC/Mac, smartphone, tablet or other device with similar functions with a minimum screen resolution of 1024×768 pixels;
      2. an active Internet connection;
      3. the newest version of the Firefox, Chrome, Safari or Microsoft Edge web browser;
      4. the Adobe Flash Player plug-in installed and JavaScript, Frames and CSS style support enabled;
      5. active email account.
    2. Failure to comply with the requirements referred to in this clause 5 may result in difficulties or inability to use Platform.
  6. Personal Data
    1. Processing of registration data and other relevant personal data is governed by Provider’s Privacy Policy.
    2. User who intends to use the Platform is obliged to read Privacy Policy before using the Service[s]
  7. Intellectual Property
    1. Unless otherwise specified, all Content available on Platform, as well as other images, videos, software, platforms, tools, data, text, codes and materials available on Platform are property of Provider or its licensor and thus are protected by relevant intellectual property law.
    2. User is permitted to use Content uploaded on the Platform within the permitted use or other exception or limitation described in the applicable law (particularly quotation, criticism, review, use for the purpose of parody, caricature or pastiche).
    3. By providing Content to Provider, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
    4. By uploading Content to the Platform, User grants Provider a non-exclusive and royalty-free license to:
      1. with respect to fixing and reproducing Content – produce – temporary or permanent – copies of Content by any technique, including printing, reprographic, magnetic recording, digital technique, downloading, reuploading;
      2. with respect to distribution of a work – distribute Content by public performance, display, screening, replaying, broadcasting and rebroadcasting as well as communicating Content to the public in such way that each person may access Content from a place and a time individually chosen by him – specifically via Platform or Provider’s social media.
    5. If the Content presents the image of the User, by uploading relevant Content User provides the Provider and his subsidiaries with the royalty-free authorisation to distribute the image:
      • on Provider’s social media, including Facebook and Instagram,
      • on Provider’s website at archvizartist.com.
    6. If the Content presents the image of any third party, by uploading relevant Content User declares, assures and guarantees, that the depicted person has given his authorisation to distribute the image on terms described in clause 7.5. above.
    7. By uploading Content to the Platform, User grants Provider permission to modify and adapt it to the requirements of Platform – technical and aesthetic.
    8. The license and authorisation referred to in clauses 7.4. – 7.7. above is granted for an indefinite period.
    9. The license and authorisation referred to in clauses 7.4. – 7.7. above is considered as terminated with the permanent removal of Content from the Platform. However, shall the Content be reuploaded on the Platform as a result of the circumstances based on these Terms of Service or applicable law, the licence will be deemed to have been granted.
    10. The Provider is authorised to grant his subsidiaries the sublicence to use Content on the terms described in clauses 7.4. – 7.9. above.
  8. Notice and Takedown/Stay Down Policy
    1. Provider undertakes its utmost effort to:
      • ensure that the Content infringes no applicable legal provisions or third-party rights,
      • obtain the authorisation to use Content from the rightholders.
    2. Users are asked to report noticed infringements of intellectual property rights.
    3. If the User or any other person believes that Content published on the Platform violates their rights, they are asked to submit a sufficiently substantiated notice to Provider. The notice referred to in previous sentence should contain the following information:
      • identification of Content that is claimed to be infringing, including URL link to where it appears on the Platform;
      • the claimant’s contact information;
      • information lending credibility to violation claim.
    4. Provider may submit additional questions to the claimant if the information provided in the notice was not sufficient.
    5. Provider verifies the reliability of the notice manually. In particular, Provider verifies whether Content has not been used under statutory exceptions or limitations to copyright and related rights.
    6. If rightholders provide Provider with the relevant and necessary information, Provider makes best efforts to ensure the unavailability of specific Content and acts expeditiously, upon receiving sufficiently substantiated notice from the rightholder, to disable access to, or to remove from Platform, the notified works or other subject matter, and makes best efforts to prevent their future uploads.
    7. Provider provides rightholders, at their request, with adequate information on:
      • the functioning of their practices with regard to cooperation with rightholders concerning (1) obtaining authorisation and (2) responding to sufficiently substantiated notices from the rightholders,
      • the use of content covered by license agreement (where licensing agreements are concluded only).
  9. Risk related to the use of Platform
    The use of the Platform is not related to specific risks, with the exception of the risks commonly encountered when using the Internet. Irrespective of that, it is recommended to use antivirus software in order to minimize the introduction of harmful software into the User’s IT system by unauthorized person
  10. Obligations and Liability of the UserUser is obliged to:
    1. use the Platform and its functionality in accordance with these Terms of Service;
    2. comply with generally applicable law regulations while using the Platform and its functionality;
    3. refrain from sharing the password to User’s Account on the Platform with third parties;
    4. refrain from providing Content that is unlawful, defamatory, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent or otherwise objectionable or harmful;
    5. refrain from providing Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;
    6. refrain from providing Content that is unsolicited messages containing promotions, political campaigning, advertising or solicitations;
    7. refrain from providing private information of any third party;
    8. refrain from providing Content infected with viruses, corrupted data or other disruptive or destructive files;
    9. refrain from actions which could negatively affect the Provider, Platform or computer systems of the Provider;
    10. immediately inform the Provider about any changes in the contact details, in particular changes in the contact email address under pain of the consequences of delivery of letters or emails to an out-of-date addresses. The abovementioned rigour of the consequences of delivery of letters or emails does not apply to Consumer or a natural person who concluded the agreement, which is directly related to their business activity and this agreement has non-professional nature for this natural person;
    11. provide genuine and correct personal data in purpose of using the Services;
    12. use a software version with the support of this software producer;
    13. compensate the damage suffered by Provider as a result of User’s wrongful act;
    14. install updates, provided by the Provider, within a reasonable time.
  11. Obligations and Liability of the Provider
    1. Provider is obliged to inform and supply the Consumer (and natural person who concluded the agreement, which is directly related to their business activity and this agreement has non-professional nature for them) with updates, including security updates, that are necessary to keep the Services in conformity.
    2. In connection with the performance of the agreement, the Provider shall not be liable, in particular, for:
      1. permanent or temporary and unexpected malfunctions of the Service[s] caused by hacker attack, random circumstances, natural disasters or force majeure;
      2. User’s lost profits [the provision does not apply to the agreement concluded with the Consumer or a natural person who concluded the agreement, which is directly related to their business activity and this agreement has non-professional nature for this natural person];
      3. permanent or temporary malfunctions of the Platform or Services caused by third parties who participate in providing the Services to the User [the provision does not apply to the agreement concluded with the Consumer or a natural person who concluded the agreement, which is directly related to their business activity and this agreement has non-professional nature for this natural person];
      4. consequences of improper use of the Services by the User or its representatives;
      5. breakdowns or other damage of the User’s hardware or other equipment, devices, operating system, software or damage or loss of User’s data, not caused by software provided by the Provider [the provision does not apply to the agreement concluded with the Consumer or a natural person who concluded the agreement, which is directly related to their business activity and this agreement has non-professional nature for this natural person];
      6. the User’s use of software not supported by its producer, in particular in such case the Provider is not responsible for the safety and stability of the Service[s];
      7. the non-compliance of the digital content with the agreement resulting solely from the User’s failure to install the updates provided by the Provider within a reasonable time.
  12. Duration and termination of the agreement
    1. Account agreement and Content Upload agreement, referred to in clauses 3 and 4, shall be concluded for indefinite period.
    2. User may terminate Account agreement at any time with immediate effect by deleting the individual Account.
    3. User may terminate Content Upload agreement at any time with immediate effect by removing relevant Content from the Platform or by deleting the individual Account.
    4. The Provider may terminate Account Agreement at any time with a two-week notice period, after which the Account is deleted. The statement of termination will be submitted by email.
    5. The Provider may terminate Content Upload agreement at any time with a two-week notice period, after which the relevant Content is removed from the Platform. The statement of termination will be submitted by email.
  13. Consumer’s right of withdrawal
    1. Consumer has the right to withdraw from the agreement without giving any reason and incurring any costs, within 14 days of concluding the agreement with the Provider. Upon expiry of the period referred to in the previous sentence, the right of withdrawal shall lapse.
    2. In order to withdraw from the contract, the Consumer should make an unequivocal statement to Provider sent for example by post or email. For this purpose, the Consumer may use a template indicated in Schedule 1 to these Terms of Service, but using the template statement is not mandatory.
    3. In the case of withdrawal from the agreement by the Consumer the agreement is considered not concluded.
    4. After withdrawal from the agreement, either as a result of right of withdrawal referred in this clause 13 or on another legal basis, the Provider may not use content other than personal data provided or generated by the Consumer when using the digital service provided by the Provider, except for content that:
      • is useful only in connection with the digital service that was the subject of the contract;
      • relates only to the Consumer’s activity when using the digital content or digital service that was the subject of the contract;
      • has been connected by the Provider with other data and cannot be disconnected without undue difficulty;
      • was produced by the Consumer jointly with other Consumers who can still use it.
    5. After withdrawal from the agreement, either as a result of right of withdrawal referred in this clause 13 or on another legal basis, the Provider makes available to the Consumer, at their request and at their own expense, within a reasonable time and in a commonly used and machine-readable format, content created or provided by the Consumer when using the digital service, other than personal data, with the exception of content referred to in clauses 13.4. (1) to (3).
    6. The provisions of this clause 13 shall apply accordingly to a User who is natural person that concluded the agreement, which is directly related to their business activity and this agreement has non-professional nature for this natural person.
  14. Complaints
    1. A complaint regarding non-performance or improper performance of the agreement by the Provider shall be made by sending an email and should include:
      1. User’s contact details, enabling identification of the User and communication with them;
      2. Service[s] to which the complaint relates and objections regarding the Service[s];
      3. the circumstances justifying the complaint;
      4. User’s demands related to the complaint.
    2. A correctly submitted complaint will be reviewed within 30 days of its reception by the Provider. Within given deadline the Provider will respond to the complaint, indicating whether the complaint is accepted [and how the Provider intends to execute it] or not accepted [along with a justification of its standpoint].
    3. If within 30 days the Provider does not respond to the request of the Consumer or a natural person who concluded the agreement, which is directly related to their business activity and this agreement has non-professional nature for this natural person, it means that the request is considered to be justified.
    4. Provider reserves the right to extend the period mentioned in clause 14.2. and 14.3. above by 7 days if additional circumstances need to be clarified, in particular those related to third party services provided to the Provider [the provision does not apply to the agreement concluded with the Consumer or a natural person who concluded the agreement, which is directly related to their business activity and this agreement has non-professional nature for this natural person].
    5. The provisions of this clause 14 shall apply accordingly to complaints concerning disabling access to Content or Content’s removal from the Platform as a result of Notice and Takedown/Stay Down procedure referred to in clause 8 above.
  15. Jurisdiction and Dispute Resolution
    1. To matters not covered by these Terms of Service, the provisions of the law of Republic of Poland shall apply. In case of Users who are Consumers, the choice of law does not deprive the protection granted under the provisions that cannot be excluded by the agreement under the law of the country in which the Consumer has their habitual residence.
    2. Consumer has the right to use out-of-court complaint handling and claiming. Among other things, Consumer has the right to apply to a permanent amicable consumer court to resolve a dispute arising from a concluded agreement.
    3. In the event of disputes, the Provider encourages amicable solutions, in particular by means of the platform http://ec.europa.eu/consumers/odr/.
    4. Detailed information on out-of-court redress methods is available on the website at https://uokik.gov.pl.
    5. Provider declares that it does not apply the code of good practices referred to in the article 2 point 5 of the Act of 23 August 2007 on Counteracting Unfair Market Practices.
    6. Potential litigations will be subject to the jurisdiction of the competent court of law in Cracow (Poland) [the provision does not apply to the agreement concluded with the Consumer or a natural person who concluded the agreement, which is directly related to their business activity and this agreement has non-professional nature for this natural person].
  16. Final provisions
    1. These Terms of Service enter into force on May 1st 2023.
    2. In the event that any of the provisions of these Terms of Service proves to be invalid, ineffective, illegal or unenforceable in whole or in part, such circumstance will not affect the validity of the remaining provisions of these Terms of Service.
    3. The Provider reserves the right to make changes in these Terms of Service due to important reasons [such as, for example, changes in the legislation, changes in the Provider’s business model, changes of technical specification of the Product[s], changes of the terms and conditions provided to the Provider by third parties, that are necessary for the performance of the agreement by the Provider, changes in the Provider’s offer], after informing the User via email. With respect to agreements in force, changes in the provisions of these Terms of Service shall come into force on a date indicated in email, but after at least 21 days from the moment of notifying the Users of new provisions by email.
    4. Changes in the name of the Provider and changes resulting from changes in the law, which do not affect the nature, manner and quality of performing the agreement, do not constitute the change of the agreement.
    5. Consumer or a natural person who concluded the agreement, which is directly related to their business activity and this agreement has non-professional nature for this natural person may object to the proposed changes and terminate the agreement with the Provider within 14 days from the day they received the email containing information on changes of these Terms of Service. The time period for objection to the proposed changes and termination of the agreement, for the User who is not a Consumer or a natural person who concluded the agreement, which is directly related to their business activity and this agreement has non-professional nature for this natural person is 7 days from the day that such User received the email containing information on changes of these Terms of Service.