Terms of use

  1. General Provisions
    1. The terms of use of the Service, including the rules of Registration, publication of Notices and purchase of Paid Services, as well as issues related to payments and complaint procedures are specified in the Regulations. Everyone using the Service is obliged to familiarize themselves with the content of the Regulations.
    2. Guests may use limited functions of the Service on the principles specified in these Regulations, while respecting the provisions of the law and the principles of honesty.
    3. Content published on the Service, including in particular Notices, regardless of their form, i.e. text, graphic and video materials, are subject to protection by intellectual property rights, including copyright and industrial property rights, of the obituaries-condolences.net Service. Any use of this content without the written consent of the authorized persons is prohibited. Any aggregation and processing of data and other information available on the Service for the purpose of further sharing them with third parties within other websites and outside the Internet is prohibited. It is also prohibited to use the Service's markings, including characteristic graphic elements, without the consent of the owner of obituaries-condolences.net.
    4. The Service allows:
      1. browsing the Service's content;
      2. paid publication of Notices.
    5. Payment services are provided by external service providers on behalf of Users, based on separate legal relations to which the obituaries-condolences.net Service is not a party.
    6. To use the Service to its full extent, it is required to have a device connected to the Internet that meets the following requirements:
      1. active Internet connection allowing for two-way communication via the HTTPS protocol;
      2. a properly installed and configured, up-to-date web browser supporting the HTML5 standard and cascading style sheet technology (CSS3), e.g. Google Chrome, Mozilla Firefox, Opera, Microsoft Edge, Internet Explorer. Web browsers should work at a screen resolution of no less than 1024x768 pixels;
      3. JavaScript and cookie support enabled (usually enabled by default in the browser);
      4. in the case of mobile devices: original Android system no less than version 7.0 or original iOS system no less than version 13.0
    7. The obituaries-condolences.net service will make every effort to ensure uninterrupted operation of the Service. In order to ensure high quality of services and efficient functioning of the Service, the obituaries-condolences.net Service has the right to interrupt the functioning of the Service on the principles described below:
      1. Technical interruptions may be made at night (22-6), during which certain functionalities of the Service and services provided by the obituaries-condolences.net Service may be limited or unavailable.
      2. A technical failure is a situation where a technical error occurs due to circumstances for which the obituaries-condolences.net Service is responsible, as a result of which most or all Users:
        • cannot access the Service;
        • basic functions of the Service are unavailable or their operation is incorrect, in particular this concerns the inability to post, display, refresh or promote Notices.
      3. In the event of a technical failure, the obituaries-condolences.net Service will extend the broadcast time of Notices active during the period of technical failure by:
        1. 12h – in the event of a technical failure lasting up to 3h;
        2. 24h - in the event of a technical failure lasting more than 3h to 24h;
        3. duration of a technical failure - in the event of a technical failure lasting more than 24h.
      4. The period of a technical failure for the purposes of applying point (c) above will be counted from the first moment of its occurrence. The extension of the broadcast will be counted from the moment at which the broadcast would have ended on normal terms (the extension period will be added at the end of the broadcast time of a given Notice in the normal mode).
    8. The Service also displays advertising content. Notices available on the Service are displayed in accordance with the User's choices in the scope of processing cookies or browser settings. In a situation where the User has agreed to personalize the content, the presented Notices are adjusted to the User's preferences determined on the basis of their activity on the Service. In the event that the Service obituaries-condolences.net has not obtained consent to personalize advertising content, the displayed Notices are not personalized and are based on advertising creations prepared for all users.
  2. Accounts
    1. In order to obtain full functionality of the Service, the Guest should register an Account and use the Service as a logged-in User. The Account gives the User the ability to use, among others, the following functionalities of the Service:
      1. publishing and managing published Notices;
      2. ordering Notice extension Services;
    2. The User may only be a natural person with full legal capacity.
    3. The User may have only one Account on the Service.
    4. Account registration requires:
      1. filling out the form available on the Service and providing the User's email address and a unique password or authentication via an external service provider such as Facebook or Google;
      2. reading the Regulations and accepting their provisions.
    5. The obituaries-condolences.net Service processes the personal data of Users, persons acting on behalf of Users and Guests in accordance with the provisions of the Privacy Policy.
    6. After filling in the data required for Registration, a confirmation of Account Registration and a link to activate the Account will be sent to the email address provided by the User. Registration is completed when the Account is activated by the User. At this point, the Account service agreement is concluded. If activation is not completed within 30 days of receiving the email confirming Account Registration, the activation link expires and the Account is not activated. The User may register again using the same email address only after contacting the obituaries-condolences.net Service.
    7. The User undertakes to keep the Account access data secret and to protect them from access by third parties. The User will immediately inform the obituaries-condolences.net Service if they become aware of unauthorized third parties obtaining access data to the Account and, if possible, will immediately change them.
    8. The Account service agreement is concluded for an indefinite period upon activation of the Account. The Account service agreement may be terminated by the User in accordance with the following principles:
      1. the right to delete the Account shall not affect the User's rights to the right to withdraw from or terminate the agreement, as provided for by law and these Regulations;
      2. deletion of the Account is possible by: sending a statement of termination electronically to the address ;
      3. upon deletion of the Account by the User, the remaining agreements between the obituaries-condolences.net Service and the User regarding services provided within the Service shall expire;
    9. The obituaries-condolences.net Service shall be entitled to terminate the agreement with the User if the User, despite prior request by the obituaries-condolences.net Service to cease specific actions or omissions violating the provisions of the Regulations or generally applicable law, continues the actions indicated in the request.
  3. Rules for publishing Notices
    1. The obituaries-condolences.net Service enables the User to publish an Notice on the Service. The publication of the Notice by the User on the Service takes place after filling in the appropriate form.
    2. The Notice published by the User on the Service is available to all users of the Service.
    3. Upon publication of the Notice, the User grants the Service obituaries-condolences.net a non-exclusive, unlimited territorially and free of charge license to record, reproduce and distribute all or any part of the Notice, in order to display it on the Service and provide other services specified in these Regulations, as well as with the Service partners obituaries-condolences.net, through which the promotion of the Service is conducted, as well as anywhere via the Internet, including in Internet search engines (such as Google), social networking sites (such as Facebook). The license also includes the right to exercise dependent rights to the works, including the use of the created adaptations. Granting the license is necessary for full use of the Service. Due to the specific nature of the Internet, the Service obituaries-condolences.net does not have full control over the dissemination of content published or sent using the functionality of the Service to other Users.
    4. The content of each Notice should be truthful, unambiguous and understandable. The User retains the freedom to determine the content of the Notice within the limits of the law and in compliance with the following requirements:
      1. The Notice will be prepared in English, will not contain words generally considered vulgar or offensive.
      2. The User will select one Category and thematic subcategory appropriate for the Item to which the Notice should be assigned;
      3. the content of the Notice may not include content such as, in particular: Notices, promotional and announcement content, website addresses and other elements leading Users to services providing the same or similar services as the Service obituaries-condolences.net
    5. The publication of the Notice on the Service is made by the User by:
      1. clicking on the icon "Add an Notice" or similar;
      2. making a payment (only in relation to paid Notices).
    6. During the period of the Notice's broadcast on the Website, the User may modify the content of the Notice and some of its parameters and remove the Notice. The User may also use the extension functionality, which allows for the re-publication of the Notice upon the expiry of the previous broadcast period of this Notice.
  4. Paid Notices
    1. The publication of a paid Notice by the User on the Website is possible after the User has purchased a single Notice - in accordance with the available price list
    2. The activation of the paid Notice on the Website will occur upon the posting of payment to the account of the obituaries-condolences.net Website
  5. Payments
    1. The User will be informed on the Website in a visible manner about each time the current price of the selected Paid Services. With regard to Consumers, all prices provided on the Website and in price lists are gross prices (include goods and services tax) expressed in the national currency (USD)
    2. Payments made on the Website are made in advance, i.e. in the full amount required for a given Paid Service before its provision begins using the payment methods provided by the obituaries-condolences.net Website
    3. The provision of the Paid Service will begin no earlier than after the payment for this Paid Service in full has been posted to the obituaries-condolences.net Website account.
    4. The User, at their discretion, may make the payment using one of the available payment methods in accordance with the information provided in the process of selecting the given service.
    5. Using any of the payment methods will require establishing a separate legal relationship with the provider of the given payment service and accepting its regulations. The obituaries-condolences.net Website is not a party to such a relationship and has no possibility of interfering in its content or manner of implementation. In the event of any problems with payment, the User should contact the appropriate payment operator to clarify any doubts or file a complaint.
    6. The default form of making invoices available to the User is electronic. Acceptance of the Regulations also constitutes acceptance of sending (making available) invoices in electronic form, within the meaning of the provisions on the tax on goods and services.
    7. The obituaries-condolences.net service, under the terms specified in these Regulations, makes invoices available to the User in electronic form, guaranteeing the authenticity of origin, integrity of content and legibility of invoices, in particular by saving them in .pdf file format and making them available to the User within the Account, enabling them to be downloaded by the User. The User receiving invoices sent (made available) in electronic form is obliged to store them on their own.
    8. Ads that are untrue, contrary to the law, good customs or provisions of the Regulations, added in the wrong Category, similar or duplicate, repeated many times (of a spam nature), considered offensive, as well as content that is an attempt to deceive or violates any copyrights will be removed, and the previously charged fee for the publication of the Ad and the Paid Services related to the given Ad will not be refunded to the User.
  6. Unlawful and inconsistent with the Regulations actions of Users
    1. The User is entitled to use the Service in accordance with its intended purpose, within the limits of the law and good customs applicable to the information society, while respecting the rights and goods of other people. In particular, the User undertakes to:
      1. not take actions that could disrupt the proper functioning of the Service, including not interfering with the content of the Service, Account or Accounts of other Users, or with the IT elements of the Service;
      2. not take unlawful actions, including sending or publishing content using the functionality of the Service that violates the provisions of the law, personal rights, content containing or disseminating child pornography or terrorist content and violating the intellectual property rights of others, as well as content of a discriminatory or racist nature;
      3. not to mislead people using the obituaries-condolences.net Service, e.g. by providing false information
      4. refraining from acting in bad faith, from abusing the functionality of the Service, using the Service contrary to its intended purpose and contrary to the Regulations;
    2. The User is obliged to comply with the obligations of the Regulations at every stage of using the Service, in relation to each offered functionality, including in particular in the case of publishing Notices.
    3. In the event of changes in the content of the Notice made by the User after its publication on the Service, the obituaries-condolences.net Service is entitled to conduct an examination to see whether the updated content violates the Regulations and to take appropriate actions, including removing content that violates the Regulations or the provisions of applicable law.
    4. Each person using the Service has the possibility to report to the obituaries-condolences.net Service illegal content or content that is inconsistent with the Regulations, distributed using the functionality of the Service, via the "report violation" functionality available within the Notice ("Abuse Report"). The Reporter should, if possible, provide data that will allow the obituaries-condolences.net Service to verify the Abuse Report, including in particular an explanation of the reasons for which he or she considers the content to be illegal or inconsistent with the Regulations and, if required in the notification form, contact data.
    5. In the event of obtaining credible information (based on the Abuse Report or otherwise) that the content sent or published using the functionality of the Service is of an illegal nature or violates the provisions of the Regulations, the obituaries-condolences.net Service may:
      1. immediately block the content, including in particular the Notice, as well as the Promotion Services related to it. In the event of a block, the content will not be visible or accessible to persons using the Service or in the Account panel of the given User;
      2. take appropriate explanatory steps, striving to determine the circumstances of the case, acting proportionately and reasonably, including, for example, by contacting the entity reporting the abuse, the provider of the content, the relevant authority or an external advisor;
      3. inform, in the event of blocking the content, at the latest at the time the block becomes effective, the provider of the content in the form of an email, indicating the blocked content, the reasons for the decision to block (including the content of the Abuse Report after its anonymization, if required by generally applicable provisions of law), indicating the grounds for the decision with reference to the content of the Regulations;
      4. these provisions shall not apply if the notification of the relevant public authority, from mandatory provisions of law or from the need to ensure the safety of life or health of persons or the state, results in the obligation not to disclose the information referred to in this point.
    6. If the objection is deemed justified or if the circumstances justifying the illegality or inconsistency with the Regulations of a given content cease to be indisputable:
      1. the blocked content shall be restored by making it available in the form of a working copy of the Notice or a message available on the Account. The User shall be able to decide to publish or send it via the Service;
      2. if the Notice was covered by one of the Paid Services, the previously charged fee for the broadcast of the Notice and the Paid Services related to the given Notice shall be returned to the User's account in cash, directly to the bank account from which the payment was made or in accordance with the payment method used.
    7. If the objection is deemed unjustified or the User fails to file an objection within 7 days, the blocked content shall be irrevocably removed from the Service;
    8. The obituaries-condolences.net Service is entitled to remove an Notice or block an Account if there is a suspicion that through the Notice or Account, actions that threaten the safety of other Users within the Service could or may have occurred, as well as in the case where the Notice negatively affects the good name of the obituaries-condolences.net Service or otherwise harms the obituaries-condolences.net Service.
    9. In the event of a serious violation of the law using the Service, as well as a serious or repeated violation of the provisions of the Regulations, in particular in the event of repeated attempts to publish or distribute illegal content by a given User or various Users acting jointly and in agreement, including using different Accounts, the obituaries-condolences.net Service may, while maintaining the principles of proportionality and respect for freedom of circulation, suspend the Account or Accounts or temporarily or permanently block them, which will be equivalent to a temporary suspension of the provision of services to the User.
    10. The User will be informed in the event of blocking or suspending a given content or Account, in the form of an e-mail message, indicating the blocked or suspended content or Account, the reasons for the decision to block or suspend, and indicating the grounds for the decision resulting from the content of the Regulations.
    11. A User who does not agree with the decision to block or suspend content or Account has the right to file a complaint.
    12. The obituaries-condolences.net Service makes decisions to block or suspend content or Accounts based on internal moderation policies and procedures. The moderation policies and procedures adopted by the obituaries-condolences.net Service describe the methods and means of identifying content or User actions that are investigated for violations of the Regulations or applicable law. The main purpose of the developed moderation policies and procedures is to ensure the safety of Users and combat any abuse.
    13. The process of identifying content or User actions may be based on automated or partially automated moderation tools. Automated or partially automated tools enable the identification of content or activities that violate or may violate the provisions of the Regulations or legal regulations, based on the analysis of the content of the Notice or the activity of Users on the Service. The tools used in the process of moderation of content available on the Service use solutions that allow for the analysis of the Content of Notices or activities that may violate the Regulations or legal regulations and reporting them to the internal moderation teams of the obituaries-condolences.net Service. Actions related to the content or activities of Users that violate or may violate the provisions of the Regulations or legal regulations are also taken in connection with reports sent by other Users, bodies or organizations dealing with the safety of Users on the Internet or combating illegal content.
  7. Complaint procedure
    1. The User or Guest may contact the obituaries-condolences.net Service regarding services provided under the Regulations in the following form:
      1. in writing to the following address: Marianes Marian Szladowski, 45-221 Opole, ul. Chabrów 46/1, Poland
      2. electronically to the account
    2. The obituaries-condolences.net Service makes every effort to ensure that the services provided are of the highest quality. Regardless of the above, the User has the right to file a free complaint regarding the failure to perform or improper performance by the obituaries-condolences.net Service of services provided under the Regulations.
    3. A complaint can be filed via e-mail to the address . The complaint process is completely free of charge for the User.
    4. The complaint should include at least: first and last name, e-mail address of the User assigned to the Account, circumstances justifying the complaint, as well as the User's request related to the complaint being filed.
    5. If the data or information provided in the complaint do not allow the complaint to be considered, the obituaries-condolences.net Service will ask the User to clarify any doubts or provide additional information by e-mail, if this is necessary for the obituaries-condolences.net Service to consider the complaint, indicating precisely such doubts or required information.
    6. The obituaries-condolences.net service shall consider a complaint from the Consumer within 14 days of its receipt. The obituaries-condolences.net service shall consider other complaints within 30 days of their receipt. The response from the obituaries-condolences.net service regarding the complaint shall be sent by e-mail to the e-mail address assigned to the Account, unless the User requests in the complaint content to send the response by post to the correspondence address indicated in the complaint content.
  8. Extrajudicial dispute resolution
    1. The consumer has the option of using extrajudicial means of resolving consumer disputes in accordance with the Online Dispute Resolution procedure developed by the European Commission available on the website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN
    2. The consumer has the right to use extrajudicial means of resolving complaints and pursuing claims. Detailed information on the possibility of using out-of-court complaint and claim settlement methods by the Consumer and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection:
      1. http://www.uokik.gov.pl/spory_konsumenckie.php
      2. http://polubowne.uokik.gov.pl/rejestr,5,pl.html
    3. The Office of Competition and Consumer Protection has a Contact Point that provides information on amicable proceedings. Contact Point for ADR/ODR (information on ADR entities, assistance in filling out applications), Plac Powstańców Warszawy 1, 00-950 Warsaw, Poland, Tel. +48 22 55 60 332, +48 22 55 60 333, Email: kontakt.adr@uokik.gov.pl.
    4. Persons using the Service, including persons or entities who have reported prohibited content, to whom decisions related to blocking or suspending content available on the Service are addressed, have the right to choose any body for out-of-court dispute resolution that has obtained a certificate issued by the Coordinator for Digital Services.
  9. Final Provisions
    1. The obituaries-condolences.net Service has the right to change the Regulations for the following reasons:
      1. the need to improve the safety of Users;
      2. the need to improve the operation of the Service, provided that the changes made on this basis will not result in an increase or introduction of additional fees in relation to the fees already charged (paid) and will enable further use of the Service;
      3. the need to counteract abuses committed in connection with the use of the Service;
      4. changing the terms of providing Paid Services or withdrawing a specific Paid Service, provided that the changes made on this basis will not affect Paid Services purchased before these changes come into force;
      5. introducing a new Paid Service and introducing additional functionalities of the Service, provided that the use of such services or functionalities will be voluntary;
      6. a change in generally applicable legal provisions that have a direct impact on the content of the Regulations.
    2. The User will be informed of each change by posting information on the Service website and electronically.
    3. The changes shall enter into force on the date indicated by the obituaries-condolences.net Service, no shorter than 15 days from the notification of the change to the Regulations, unless the provisions of generally applicable law provide otherwise.
    4. The obituaries-condolences.net Service may introduce a change to the Regulations without observing the 15-day period referred to above, including with immediate effect, in the event that:
      1. it is subject to a legal or regulatory obligation, on the basis of which it is obliged to change the Regulations in a manner that prevents it from meeting the above-mentioned 15-day notification period,
      2. it must, as an exception, change the Regulations in order to counteract an unforeseen and direct threat related to the protection of online intermediation services, Users against fraud, malware, spam, data breaches or other threats to cybersecurity.
    5. The provisions of the Regulations in their current wording shall apply to Paid Services active before the date of entry into force of the new Regulations.
    6. A User who does not accept the content of changes to the Regulations retains the right to terminate the Account service agreement at any time.
    7. In the event of a change to the service provided via the Service, which significantly and negatively affects the Consumer's access to this service, the Consumer - regardless of the right provided for above - may, within 30 days of the date of such change, terminate the Account service agreement or any other agreement between the obituaries-condolences.net Service and the Consumer concerning services provided within the Service without observing the notice period.
    8. Unless otherwise provided by mandatory provisions of law, the law applicable to agreements between the User and the obituaries-condolences.net Service is Polish law. The choice of Polish law does not deprive the Consumer of the protection granted to him/her under the provisions that cannot be excluded by agreement, under the law that would be applicable in the absence of a choice of law.
    9. Any disputes related to the services provided by the obituaries-condolences.net Service within the Service will be submitted to the competent common courts.

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