1 Introduction.

These Terms of Use shall determine the rules of operation of the VIZ-ZONE platform, including the rights and obligations of VIZ-ZONE Course Participants and the Administrator.

2 Definitions.

The following meanings are given to the expressions listed below:

Administrator – Bartosz Buraczewski, who runs his business activity under the name: ”BBM Bartosz Buraczewski”, ul. Fieldorfa 10A/24, 60-461 Poznań, NIP [Tax Identification Number]: 8431528371, e-mail address: kontakt@viz-zone.pl, administering the VIZ-ZONE platform.

Price – the remuneration paid by the Participant to the Administrator for concluding the Agreement and obtaining access to selected VIZ-ZONE Courses or 3D Models. The current price list is included on the VIZ-ZONE Platform.

Videos (instructional) – digital content available to the VIZ-ZONE Course Participants, being original educational videos of a professional nature, designed to teach the creation of visualisations and rendering within the framework of specific Topics. The videos are available to the Participants also after completing the Course, however, only for their own personal use, without the possibility of transferring and sharing the Videos in any way to any third party entities. The Participant does not acquire any copyrights or licence rights to the Videos which are made available to him/her.

Contact form – a form on the VIZ-ZONE Platform intended for contact of the User with the Administrator also as part of Support.

Registration form – a form on the VIZ-ZONE Platform, in which the User indicates his/her data (name and surname, user name, e-mail address, password) in order to open an Account.

Account – an account on the VIZ-ZONE Platform created for the User after filling in the Registration Form, enabling access to VIZ-ZONE Courses and 3D Models after placing an Order.

Courses (VIZ-ZONE) ­– original online courses created by the Administrator (and people acting for and on his behalf), intended for the learning of the creation of visualisations and rendering, – available for sale on the VIZ-ZONE Platform, on specific Topics or in the PRO Package – containing training Videos and other content and materials indicated by the Organiser.

3D Models – digital content available for sale to VIZ-ZONE Platform Users, which represent files in a specific format and are proprietary 3D modelling products with the associated scripts, textures and materials.

PRO Package – the package which enables access to all VIZ-ZONE Course Topics by Users, as well as access to other materials specified by the Administrator.

Platform (VIZ-ZONE) – an online platform which operates under the following address: https://viz-zone.pl, through which Users may gain access to VIZ-ZONE Courses and purchase 3D Models.

Software – the software which enables active participation in the VIZ-ZONE Courses to the User, designed for visualisation and rendering, 3Ds Max and Corona, in accordance with the hardware requirements indicated on the VIZ-ZONE Platform.

Terms of Use – these Terms of Use which determine the rules for use of the VIZ-ZONE platform, including the rights and obligations of VIZ-ZONE Course Participants and the Administrator.

GDPR – the Regulation of the European Parliament and of the Council (UE) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (general data protection regulation).

Support – professional online support provided by the Administrator or people acting on his behalf to the VIZ-ZONE Course Participants.

Topic – a detailed subject selected by the VIZ-ZONE Course Participant, which covers:

Basic modelling,

Advanced modelling,

Camera and Light,

Materials,

Post-production,

Additional Advice,

Other issues (at the Administrator’s discretion).

Participant – a natural person of legal age gaining access to VIZ-ZONE Courses after placing an Order.

Agreement – the agreement concluded between the User and the Administrator after placing an Order, paying the Price and accepting these Terms of Use.

User – a natural person of legal age gaining access to the VIZ-ZONE Platform after filling in the Registration Form.

Order – an order placed by the User with the obligation to pay, enabling access to VIZ-ZONE Courses in the selected Topic or PRO Package, or use of the selected 3D Model under conditions specified in these Terms of Use.

3 Conclusion of the Agreement.

In order to gain access to the VIZ-ZONE Courses or use the selected 3D Model, it is necessary to:

Fill in the Registration Form by the User, available on the VIZ-ZONE Platform, by providing the following data:

user name,

e-mail address,

password;

placement of an Order by the User for the VIZ-ZONE Course on the selected Topic or the PRO Package, or for the selected 3D Model by providing the following data:

name and surname

e-mail address,

phone number,

address,

alternatively (data for a VAT invoice): company name, business address, tax identification number,

user name,

password;

acceptance of these Terms of Use by the User;

payment of the full Price by the User for the selected VIZ-ZONE Course or 3D Model, according to the current Price List published on the VIZ-ZONE Platform;

Fulfilment of the hardware and software requirements by the User, indicated in detail on the VIZ-ZONE Platform.

The price shall be payable on a one-off basis after placing the Order.

The Agreement shall be concluded upon payment of the full price.

Failure to pay the Price by the User after placing the Order is tantamount with failure to conclude the Agreement by the Parties.

The price shall be paid to the bank account number indicated by the Administrator, in the following manner:

through the agency of the payment service provider – PayU – or

by traditional bank transfer.

If the User requests receipt of a VAT invoice – the User gives his/her consent to the issuance and sending of the VAT invoice by the Administrator in the electronic form.

When placing an Order, the User must indicate whether:

he/she is an entrepreneur and declares that the concluded Agreement is directly related to his/her business activity and is of a professional nature, or

he/she is a consumer or natural person who concludes the Agreement directly related to his/her business activity, but it is not of a professional nature to him, and gives his/her consent to the immediate commencement of performance and access to the VIZ-ZONE Platform content, which causes the loss of his right to withdraw from the Agreement (pursuant to article 38, section 13 of the Consumer Rights Act of 30 May 2014).

The Courses and the 3D Models can be accessed after crediting the payment to the Administrator’s bank account and making the statements indicated above.

4 VIZ-ZONE Courses.

Access to the VIZ-ZONE courses is only possible from the VIZ-ZONE Platform level for registered Users who have paid the appropriate Price for the selected Course.

The videos are in the mp4 format.

The Participant is entitled to view the Videos on 3 (in words: three) different devices (e.g. PC, phone, tablet). It is prohibited to play the Videos using a larger number of devices, or to transfer the access data to the Account to any third parties. If the above-mentioned ban is infringed, the Administrator may block the User’s access to the Account.

The User is not permitted to download the Videos to any carrier, or copy them. Neither can the User gain access to the Video link.

It is prohibited to make copies of the Video in any way whatsoever (indirectly or directly).

It is prohibited to conduct hacking activities and undertake any IT or electronic activities aimed at breaking the existing technical security measures applied to the VIZ-ZONE Platform and the Videos available on it.

It is prohibited to create or promote any technical activities or measures (including computer software) which could facilitate the unauthorised bypassing of the technical security measures of the VIZ-ZONE Platform.

The Platform monitors the Participant’s playback progress in reference to the Videos available for a given Course.

After completing the entire Course, the Participant may request the issuance of a certificate from the Administrator confirming participation in the VIZ-ZONE Course. The certificate may be issued in the electronic form (in the pdf format) or as a hardcopy, to the address indicated by the Participant.

5 3D Models

The User may purchase the selected Model 3D from the VIZ-ZONE Platform level.

After the Price is paid, the Administrator provides the selected 3D Model to the User in the form of a file which enables its reproduction in the Software (3Ds Max or Corona).

The User uses the 3D Model based on the licence granted to him/her by the Administrator, in accordance with the conditions included in these Terms of Use.

6 Obligations and representations of the User

The User undertakes to observe the provisions of these Terms of Use from the moment of their acceptance.

The Participant is only responsible for:

participation in the VIZ-ZONE Course and familiarisation with the training videos.

the provision of access to a computer, the Internet and legal Software and the fulfilment of all the hardware requirements specified in detail on the VIZ-ZONE Platform.

The Administrator shall not be held responsible for the fulfilment of the conditions indicated above by the User. In particular, failure to participate actively in the Course and play the training Videos or failure to meet the hardware requirements by the User shall not exempt the Participant from the obligation to pay the Course Price by the Administrator and shall not entitle him/her to claim return of the whole or part of the paid Price.

7 Obligations and liability of the Administrator

The Administrator is obliged to:

provide the User with access to the purchased VIZ-ZONE Courses, training Videos and 3D Models within the VIZ-ZONE Platform,

provide the User with access to other materials and Support specified by the Administrator.

The Administrator shall be entitled to select the issues, topics, ways and methods of conducting the VIZ-ZONE Courses exclusively.

The Administrator shall not be held liable for:

malfunctioning of the Software installed on the User’s hardware (e.g. caused by their inappropriate configuration or related to obtaining it from illegal sources),

inappropriate quality of the User’s internet connection,

errors, failures or breaks in the operation of the VIZ-ZONE Platform or Software necessary during the Course, related to causes which are beyond the control of the Administrator,

fulfilment of the hardware requirements by the Participant, as indicated on the VIZ-ZONE Platform.

further use of the knowledge and materials acquired during the VIZ-ZONE Course and the 3D Models by the Participant, including for decisions made on the basis thereof and the consequences of such decisions,

any possible damage incurred by the User or profits lost by him/her in connection with his/her participation in the VIZ-ZONE Course or use of the 3D Models, unless the damage was caused by the Administrator deliberately.

The warranty liability of the Administrator for possible defects in the VIZ-ZONE Platform, VIZ-ZONE Courses, training Videos and 3D Models to the Participants who are entrepreneurs or who conclude an Agreement directly related to their business activity, but not of a professional nature for them shall be excluded.

8 Intellectual property rights to the VIZ-ZONE courses. Confidentiality.

As part of the VIZ-ZONE Course, the Participant shall obtain access to proprietary professional training, created by the Administrator and by people acting for and on his behalf.

The Administrator shall have and retain the copyrights to all the VIZ-ZONE Courses, training Videos and materials created as part of the Course and their copies.

By concluding the Agreement, the Participant shall not obtain any copyrights or licence rights to the VIZ-ZONE courses, Videos or any materials created for the Course and their copies.

The Administrator shall use technical measures which provide protection against reproduction, distribution, transmission, translation, adaptation and introduction of any changes in the VIZ-ZONE Courses, Videos and materials created for the Course and their copies, in full or in part, by any means and in any form.

Irrespective of the technical security measures used by the Administrator, the Participants shall not be allowed to record, reproduce, distribute, transmit, translate, adapt and introduce any changes in the VIZ-ZONE Courses, Videos and materials created for the Course and their copies, in full or in part, by any means and in any form.

When using the VIZ-ZONE Platform, the Participant shall gain access to confidential information of the Administrator, including information which constitutes a company secret within the meaning of the Act of 16 April 1993 on combating unfair competition.

The Administrator points out that the “Confidential Information” shall be understood, in particular as:

Any Videos and training materials, obtained by the User during and in connection with the VIZ-ZONE Course,

all commercial, technical, organisational, specialist, professional information regarding the Administrator or obtained from him,

all information about other VIZ-ZONE Course Participants,

all information relating to the manner in which the Administrator conducts the VIZ-ZONE Course, including methods and ways of conducting the Course, specific examples, strategies, know-how, creative concepts, ideas and ways in which content and Support are provided,

any other information which has not been disclosed to the public, but which is of economic value to the Administrator, disclosed to the Participant in any way in connection with access to the Platform.

Documents, notes, electronic files, recordings and other materials prepared by the Participant or any third party acting on his/her behalf, which contain, reflect or are based on Confidential Information of the Administrator, but are not Confidential Information exclusively, shall hereinafter be referred to as “Derivative Information”.

The Participant shall:

maintain the Confidential Information in strict secrecy and not use it in any way for his/her own needs or within the framework of the business activity conducted in any form,

not draw up any copies, reproductions or summaries of the Confidential Information and Derivative Information,

not disclose and transfer the Confidential Information and Derivative Information to any entities and third parties,

take all precautionary measures in relation to the Confidential Information, which protect it against unauthorised disclosure, transfer, use, theft or loss in any other way,

immediately inform the Administrator about each case of any breach of the provisions of this §.

In particular, it is prohibited:

to use training Videos and materials as well as knowledge gained during the VIZ-ZONE Course by the Participant to educate others, including individual tutoring or group courses/training on topics which are wholly or partly overlapping with those covered during the VIZ-ZONE Courses;

to record, film, copy, transmit, distribute, share any Videos and materials presented during the VIZ-ZONE Course by the Participant, in full or in part, to any third party entities.

In the case of any doubts as to the scope of obligation established in this §, the Participant undertakes to obtain the opinion of the Administrator regarding the possibility of using specific information (in written or electronic form under pain of being null and void).

The Participant shall not be entitled to any rights to Confidential Information, including intellectual property rights or copyrights, even if he/she took part in the preparation of documents that contain such Confidential Information. The Participant shall waive any pre-existing grounds to possibly use the Confidential Information 

The obligation specified in this § is indefinite and shall only cease if the Administrator discloses the Confidential Information to the public.

If the Participant breaches the obligation to maintain confidentiality, which is set out in this §, the Participant shall remedy the damage caused to the Administrator in full amount.

9 Licence for 3D Models

The Administrator shall grant a non-exclusive licence to the User, without territorial and time limitations, for the use of the purchased 3D Model, in the following fields of exploitation:

entering, installing and saving the 3D Model in the read-only memory of his/her electronic medium (e.g. PC);

recording, running, displaying, storing, using and applying the 3D Model in his/her business activity;

reproducing the 3D Models and their copies;

demonstrating the reproduced copies of 3D Models or their 2D images in public, in the internet, press, television (e.g. in an advertisement or in his/her portfolio);

creating architectural objects or all kinds of town-planning projects using 3D Models and their two-dimensional form;

Creating his/her original work in the two-dimensional, final form, using 3D Models, e.g. rendering of interiors, as well as licence agreements for work carried out in this way (the licence for the created work may only cover its two-dimensional form);

making changes in 3D Models without creating a new 3D model;

using 3D Models anonymously.

It is prohibited to:

market, sell, grant, lease or transfer the ownership of the original 3D Models and their copies and counterparts;

distribute, exhibit, display, reproduce and share the 3D Models in public so that anyone may have access to them at any place and time selected by them (excluding the cases indicated in section 1);

conclude licence agreements regarding 3D Models with any third party entities;

provide or lend the purchased 3D Models to any third party entities (electronically or using a permanent medium);

upload 3D Models in their original form or his/her own 3D models produced on the basis of purchased 3D Models to the Internet;

include and present the 3D Models in any databases or directories;

create his/her own 3D models based on the purchased 3D Models.

The Price paid by the User for the ordered 3D Model shall simultaneously constitute the licence fee for the Administrator.

The breach of the conditions of this § shall result in the immediate expiration of the User licence for using the 3D Models.

10 Copyrights to Participants’ works.

The Participant shall irrevocably give his/her consent to the Administrator’s use of all the work and visualisations created by the Participant as part of the VIZ-ZONE Course.

To an extent to which the work and visualisations referred to in section 1 above constitute work within the meaning of the Act of 4 February 1994 on the copyrights and related rights, the Participant represents that it has all the copyrights to the produced work at his/her disposal.

The Participant shall grant the non-exclusive licence for the work and visualisations created during the VIZ-ZONE Course, as soon as they are shared with their Administrator in any form, without remuneration, in the following fields of exploitation:

recording and reproducing (copies) works made by the Participant in whole or in part by any technique (including printing and digital techniques) and in any form (including graphic copy, xerographic copy, photocopy, electronic copy),

public dissemination, performance, exhibition, display, reproduction, as well as making the work available to the public in such a way that anyone can access it from a place and at a time of their own choice, including:

presentation and dissemination in the Internet, in particular, on the VIZ-ZONE Platform and in social media run by the Administrator;

printing, presentation and distribution in information-marketing catalogues, leaflets, folders and brochures regarding the VIZ-ZONE Platform and the Administrator’s activities.

digitisation, uploading, storage and transmission from the computer memory and other computing devices,

introduction into ICT networks, in particular the Internet, and dissemination by electronic means,

any use in the day-to-day operations of the Administrator.

The licence shall be granted without territorial and time limitations for the duration of the author’s economic rights. The Participant undertakes not to exercise the right to terminate the licence to the Administrator on any grounds.

The Participant agrees that the Administrator may disclose the authorship and mark the work created by the Participant with the Participant’s name or pseudonym, and that the Participant’s personal data may be processed in this respect. The Participant shall inform the Administrator about his/her willingness to share the work anonymously.

The Participant shall agree that the Administrator may take a decision on making the work available to the public for the first time.

11 General Data Protection Regulation (GDPR).

The Administrator shall remain the controller of personal data provided by the Participant on the VIZ-ZONE Platform, including but not limited to the data provided in the Registration Form or Contact Form and in the Order.

The Participant shall indicate the following personal data in the Registration Form: name and surname, user name and e-mail address.

The Participant shall indicate the following personal data in the Order: name and surname, address, phone number, user name, e-mail address and optionally: company name, tax identification number, address of the place of business.

The Participant shall indicate the following personal data in the Contact Form: name and e-mail address.

The provision of personal data included in the Registration Form and the Order is voluntary, but at the same time necessary to gain access to VIZ-ZONE Courses and 3D Models.

The provision of personal data included in the Contact Form is voluntary, but at the same time necessary for the purposes related to contacting the Administrator.

The Participant may also agree to sign up for the Newsletter. In such a case, the provision of personal data is voluntary, but necessary to receive commercial and marketing information from the Administrator as part of the rendered Newsletter service.

The personal data of the Participant shall be processed by the Administrator on the basis of:

Art. 6(1)(a) of the GDPR (The Participant has agreed to the processing of his/her personal data for the purpose of contacting the Administrator or signing up for the Newsletter.)

Art. 6(1)(b) of the GDPR (the processing is necessary to perform the Agreement entered into with the Course Participant or any User who purchases a 3D Model),

Art. 6(1)(f) of the GDPR (the processing is necessary for purposes resulting from legitimate interests pursued by the Administrator).

The legitimate interest pursued by the Administrator is to carry out marketing activities for the VIZ-ZONE Platform and the general business of the Administrator.

If consent to the processing of personal data is given, then such consent may be withdrawn at any time; this does not affect the lawfulness of the data processing carried out on the basis of the consent before its withdrawal.

Data recipients may be entities which render services to the Administrator, including but not limited to IT, consulting, accounting, marketing, auditing, legal, shipping, payment and archiving services.

Personal data are stored for the time necessary to conclude and perform the Agreement. The storage period shall be extended by the period of limitation on claims, if the processing of data is necessary to determine or pursue the possible claims or to defend against such claims by the Administrator.

People whose contact details are processed shall have the right to access their personal data, rectify and erase them and restrict their processing, the right to transfer data and the right to object and lodge a complaint with the President of the Office of Personal Data Protection.

12 Complaints.

The Participant has the right to file a complaint to the Administrator regarding the purchased VIZ-ZONE Course or 3D Model, in written or electronic form, to the Administrator’s address indicated in the Terms of Use and on the VIZ-ZONE Platform, 14 days from the event constituting the subject matter of the complaint at the latest.

A complaint should contain:

name and surname of the Participant,

e-mail address of the Participant,

subject-matter of the complaint including the reasons for it,

possible requests to the Administrator.

If the complaint is filed without providing the information referred to in section 2 above, the Administrator shall call the Participant to supplement the missing data in the complaint notification, necessary for proper assessment of the grounds for the complaint. If the Participant fails to complete the data – the Administrator has the right to leave the complaint unprocessed.

The Administrator shall process the complaint within 30 days of its receipt. If a complaint with incomplete information is filed, the aforementioned time limit shall run from the moment of completion of the data in accordance with section 3 above.

The decision on the processing of the complaint shall be delivered to the Participant, in written or electronic form, to an address provided by him/her.

13 Final provisions.

These Terms of Use shall take effect on the date of publication on the VIZ-ZONE Platform and shall apply to the Participant from the moment of acceptance of its terms when placing an Order.

If any provision of these Terms of Use is deemed invalid or ineffective, the remaining provisions of the Terms of Use shall remain in force.

The Administrator shall reserve the right to amend these Terms of Use at any time. However, the current provisions shall apply to the Participants who had placed an Order before the amendment of the Terms of Use.

Any possible disputes related to the performance of the Agreement shall be settled by the common court having jurisdiction over the Administrator’s business seat.

In matters which have not been covered by these Terms of Use, the provisions of the Civil Code shall apply.