§ 1. GENERAL PROVISIONS 1. The regulations of the www.edusfera.press website, specify the terms and conditions of use of the website, including in particular the terms and conditions of publication of the author’s works by the publisher, as well as the type and scope of services provided electronically through the website by the Service Provider, i.e., Wirtualny Uniwersytet EDUsfery Ltd., Drukarska Street 45/38, 53-311 Wrocław, KRS 0001014962, REGON 524280873, NIP 8992949503 (Journal of Laws 2022, item 893 as amended). E-mail address: wydawnictwo@edusfera.press
2. The terms and conditions are made available to users in electronic form on the website in such a way that they can store and reproduce the terms and conditions in the ordinary course of business. The user using the website services declares that he/she has read, understood, and agreed to all the terms and conditions contained in these website terms and conditions.
§ 2 DEFINITIONS 1. Author - a natural person who is vested with personal and economic copyrights to the work and who has undertaken the actions detailed in the service with a view to publication of the work by the publisher. An author is also a natural person who is vested with personal copyrights, while the author’s employer is vested with economic copyrights based on Article 12 of the Act of 4 February 1994 on Copyright and Associated Rights - in this case, because of the economic copyrights vested in the author’s employer, it is the author’s employer who takes the actions as specified in detail on the website to publish the work by the publisher. The author is also understood to be a user.
2. Rules and Regulations - this document specifies the terms and conditions of use of the service;
3. Website - the website conducted by the service provider at www.edusfera.press, through which it is possible to use the services and for the publisher to publish the Author’s Work;
4. Service or Services - a service provided electronically by the service provider to the user through the website, including in particular services such as Contact form;
5. Work - a manifestation of the author’s creative activity;
6. User - a natural person, legal person, or organisational unit without legal personality, to which the Act grants legal capacity, using the services provided by the service provider via the website;
7. Publisher/Service Provider - Wirtualny Uniwersytet EDUsfery Ltd., Drukarska Street 45/38, 53-311 Wrocław, KRS 0001014962, REGON 524280873, NIP 8992949503.
§ 3. TERMS AND CONDITIONS OF PUBLICATION OF AUTHOR’S WORKS 1. The detailed terms and conditions of publication of an author’s work by the publisher are specified in the documentation located in the tab “For authors” on the website.
2. Only compliance with all conditions specified in the aforementioned tab of the site gives grounds for publication of work by the publisher. In particular, to publish the work by the publisher, the author or the author’s employer is obliged to send the information, data and statements described in the tab “For authors”.
3. The publisher has the right to refuse to publish the work if the work does not fulfil the requirements specified on the site, or if the author or the author’s employer fails to fulfil his obligations specified on the service.
4. For the duration of the editorial process of the work, the author or the author’s employer (depending on which of these entities holds the copyright) gives the publisher an exclusive licence, unlimited in terms of territory, in all fields of exploitation, in particular:
1. recording on any medium;
2. multiplication by any technique, including printing, reprography, magnetic recording, and digital technique;
3. introduction to computer memory and multimedia network an unlimited number of broadcasts and volume of editions;
4. marketing via the Internet and other data transmission techniques using telecommunication, computer, and wireless networks;
- in an unlimited number of broadcasts and copies.
5. In the case that the author’s employer holds the author’s economic rights, the author shall submit a declaration stating that the author's employer grants the licence described above for the duration of the editorial procedure under the terms and conditions specified in these rules and regulations. In this respect, the author shall also submit to the publisher a licence agreement signed by the entity holding the author's economic rights - a specimen will be sent by the publisher to the author.
6. The licence is granted by the author or the author’s employer for the duration of the editorial procedure, and until an agreement on the transfer of the author’s economic rights to the work is signed - if the work is approved in the editorial procedure and the publisher decides to publish it. However, if the work is not approved in the editorial procedure and the publisher decides to publish it, the licence is granted only for the duration of the editorial procedure.
7. For the work to be published by the publisher, the author or the author’s employer shall sign a contract with the publisher for the transfer of the author’s economic rights to the work (Publishing Agreement), a specimen of which shall be sent by the publisher to the author or the author’s employer.
§ 4. AUTHOR'S DECLARATION 1. Subject to the following paragraph (2), the author asserts that he owns the copyright in the Work and that it is not restricted by any third-party rights.
2. If, under Article 12 of the Act of 4 February 1994 on Copyright and Related Rights, the author’s employer is vested with the author’s economic rights, the author himself only declares that he is vested with the author’s moral rights, while the author’s employer asserts that he owns the author’s economic rights to the work.
3. The author declares that the work has not been published anywhere before and that he/she is entitled to exclusive and unlimited copyright (personal and economic) in the Work, with the reservation that in the case of acquisition of the author's economic rights by the author’s employer under Article 12 of the Act of 4 February 1994. on Copyright and Related Rights, the Author declares that he has exclusive and unlimited personal copyrights, while the author’s employer declares that it has exclusive and unlimited economic copyrights to the work, and both the author and the author’s employer jointly declare that the work has not been published anywhere before.
4. The author declares that the work has been created by themself and is not an adaptation of another’s work. The author or the author’s employer (depending on which of them is entitled to the author’s economic rights), declares that he is entitled to full economic rights to the work, and may dispose of the author's economic rights to the work to the extent necessary to conclude and perform a contract with the publisher, in particular, to grant a licence or conclude a Publishing Agreement.
5. The author or the author’s employer declares that the author’s economic copyright to the work has not been seized within the meaning of the provisions on enforcement proceedings.
6. The author or the author’s employer hereby guarantees that the work in no way constitutes a breach of any existing licence or copyright applicable to all or part of the work and that it does not contain material that is defamatory or in any way offensive.
7. The author or the author’s employer is solely responsible for any third-party claims against the publisher.
§ 5. PUBLISHER'S STATEMENTS 1. The publisher applies the principles of publication ethics, ensuring the scientific integrity of all works and the protection of copyright.
2. The publisher applies uniform standards in accepting works submitted for publication.
3. The publisher ensures the security of the authors’ personal data processing. The personal data of the authors are processed by the Privacy Policy.
§ 6. TECHNICAL REQUIREMENTS 1. To use the Service, the user needs to have devices enabling the use of the Internet, connection to the Internet, possession of a browser enabling the display of web pages, e.g., Internet Explorer in versions 5.5 and higher, or Opera in versions 7 and higher, or Firefox in versions 1 and higher, or Google Chrome in version 5.0 and higher, or Safari 5, or higher, with cookies enabled, supporting encrypted SSL connections and JavaScript, possession of an active electronic mail account (e-mail) for the use of individual Services and a program reading files in PDF format (Portable Document Format).
2. The service provider reserves the right to change the technical requirements for the provision of electronic services.
3. The service provider shall not be liable for the user’s failure to comply with the technical requirements listed in the terms and conditions.
4. The service provider reserves that the use of electronic services may involve technical risks that are classic for the use of IT systems. Users should protect their electronic connections and devices against unauthorised access, including in particular the installation of anti-virus software.
§ 7 COPYRIGHT AND RELATED RIGHTS 1. The service provider owns the copyright and related rights to the service as a whole and its individual parts, graphic, verbal, or musical elements, as well as the rights to the composition of these elements and their arrangement on the site.
2. The user is not entitled to use or exploit any materials made available on the service in whole or in part without the separate consent of the service provider, in particular, the user is not entitled to download, save to data carriers, copy, or modify in any way any materials placed on the service.
3. Using materials posted on the service in a manner inconsistent with the provisions of these terms and conditions will constitute a violation of the service provider’s rights.
4. The user undertakes, in particular, to observe the service provider’s copyrights and rights arising from the registration of inventions, patents, trademarks, utility, and industrial designs.
5. The user declares that any content posted by him/her on the website does not infringe any copyright or personal rights of third parties.
§ 8. COMPLAINTS PROCEDURE 1. The user has the right to complain if the services provided in the rules and regulations are not implemented or are implemented inconsistently with the provisions of these rules. Complaints should be submitted in writing to the address ul. Drukarska 45/38; 53-311 Wrocław or in the electronic form to the e-mail address reklamacje@edusfera.press.
2. A properly sent complaint shall be considered within 14 days of its receipt. This period may be extended if consideration of the complaint requires obtaining special knowledge, encounters other difficulties beyond the service provider’s control, or if it is necessary to obtain additional information from the user. The time taken by the user to provide additional information shall each time extend the time for processing the complaint.
3. The service provider reserves the right not to respond to a manifestly unfounded complaint, in particular to the extent that the complaint has already been previously considered about the user concerned.
4. The user’s submission of a complaint in electronic form is tantamount to consent to receive a response from the service provider also in electronic form.
§ 9. FINAL PROVISIONS 1. The service provider has the right to amend the terms and conditions without stating a reason. If the user does not agree with the change of the terms and conditions, he/she has the right to terminate the contract for the provision of electronic services.
2. The recognition of any provision of these rules and regulations as unlawful shall not affect the effectiveness and validity of the remaining provisions of the rules and regulations.
3. Issues related to protecting personal data and using cookies by the service provider are described in the Privacy Policy available on the website.
4. The provisions of these rules and regulations and any disputes between the service provider and the user shall be governed by Polish law.
5. In the case where the user is an entrepreneur, disputes arising from the performance of this agreement shall be settled by the court of competent jurisdiction for the service provider’s registered office. Where the user is a consumer, disputes arising from the performance of this agreement shall be settled by the court of general jurisdiction.
6. In special cases affecting the security or stability of the ICT system, the service provider has the right to temporarily discontinue or limit the provision of services, without prior notice to the users. In particular, the service provider is entitled to carry out maintenance work to restore the security and stability of the ICT system. The user has no claim in connection with the interruption or discontinuation of the services by the service provider.
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The personal data administrator is Wirtualny Uniwersytet EDUsfery Ltd., Drukarska Street 45/38, 53-311 Wrocław, KRS 0001014962, REGON 524280873, NIP 8992949503, holding the status of a small entrepreneur in accordance with the Act of March 8, 2013 on counteracting excessive delays in commercial transactions (Journal of Laws from 2022, item 893 as amended). Contact with the Administrator is possible at the email address: wydawnictwo@edusfera.press, phone number: +48 500 858 921. In the Privacy Policy, the Administrator informs about the purpose, period, and legal bases of personal data processing, as well as the rights of the individuals whose personal data is processed, the entities to which the Administrator may entrust personal data processing, and the rules of automated personal data processing, including their profiling
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