Terms and Conditions

TERMS OF USE. TERMS AND CONDITIONS OF WHYBLUESKY.NET.

          § 1 Definitions

1. WBS – “WHYBLUESKY” sp. z o.o. (limited liability company established and operating under the laws of Poland) with its registered seat in Krakow, Poland, tax ID: 676-249-35-24.
2. Website – website located at www.whybluesky.net . 
3. User – a person who uses the Website either as Registered User or Subscribed User.
4. Registered User - a person who uses the Website by registering an account on the Website and has access to Free Content. 
5. Subscribed User - a person who has completed the subscription procedure on the Website and has access to the Paid Content.
6. Terms of Use – these terms and conditions concerning the use of the Website and its Content.
7. Content – ready lesson scenarios and other materials available on the Website as well as tools for managing the materials. The detailed description of the Content is set out in § 4. 
   
   § 2 Introduction

1. The Website shall only be used according to these Terms of Use. Therefore by using the Website, the User accepts these Terms of Use in full. If the User disagrees with these Terms of Use or any part hereof, the User shall not use the Website. 
2. The Website uses cookies, as described in detail in the Privacy Policy.  
3. The User may use the Website either as the Registered User and thus have access to the Free Content upon completion of registration procedure as specified in § 7 below or as the Subscribed User and thus have access to the Paid Content upon completion of subscription procedure as specified in § 8 below.
4. The Website offers its Users a repository of content, which includes all Free Content available on the Website.  All Content governed by a license allowing for a non-commercial use only, available for Subscribed Users as Paid Content, is also available for Registered Users as Free Content that can be accessed through the repository of content.
5. The User acknowledges that upon registration and/or subscription the User enters into a contract with WBS. The contract is concluded once WBS has sent to the User a confirmation email, as specified in the registration and/or subscription procedures set out below.
6. WBS provides its services globally, with no territorial limitations. Therefore the Website and its Content may be accessed and used by Users from different places around the world.
7. The User acknowledges that the User shall not provide any illegal or unlawful content to the Website. 
   
   § 3 Technical requirements

1. To use the Website the User is required to have a device with Internet access (recommended speed of at least 512 kbps), and a web browser.
2. In order to use some elements of the Content it may be necessary to have additional software (eg. Flash, word processing programs, programs that support PDF, etc.).
3. In order to complete the registration and/or subscription, the User needs to have an individual, active e-mail account.
4. Any costs arising from the use of means of distant communication by the User (e.g. the cost of connecting to the Internet) in order to use the Website, shall be borne solely by the User according to the prices of suppliers, whose services are used.
5. In order to complete the subscription, which requires making a payment, the User needs to posses a current, valid and accepted method of online payment such as an active PayPal account or credit card. All and any costs that may be charged by the issuer of the payment method provided by the Subscribed User shall be borne solely by the Subscribed User according to prices of the payment method provider.
6. WBS will make every effort to ensure that the Website functions properly and in full at all times, however WBS reserves the right to temporarily disable the Website or its individual functions in order to improve them, add new functionalities or to carry out repairs or maintenance. 
   
   § 4 Scope of Services

1. The services provided by WBS on the Website consist in providing the Content for teachers for professional purposes. As part of the service, the User may segregate and manage elements of the Content. The access to the services depends on the status of the User, as specified in p. 5 below.
2.  The Content, as defined in  § 1 p. 7 may consist in particular of various materials, such as data, graphics, photographs, images, audio, video as well as software and system tools.
3. The Content may include external links or embedded materials which redirect the User to other websites.
4. The Content is divided into Free Content and Paid Content.
5. Users have different access to the Content depending on their status:

1. Registered Users have access to and may use the Free Content, which is free of any charge and may be accessed immediately after completing the registration procedure set out in § 7
2. Subscribed Users have access to and may use both Free and Paid Content. Paid Content includes all functionalities of the Website such as managing the materials available on Website to compose individual lesson scenarios. The access to Paid Content is granted immediately after completing the subscription procedure as set out in § 8.
   
   § 5 Proprietary Rights

1. The Website is owned and operated by WBS.
2. Any and all Content including data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the "look and feel" of the Website contained in the Website are proprietary to WBS, its affiliates and/or third-party licensors, subject to § 6 p. 4 below.
   
   § 6 License

1. The Website contains the Content shared under the licenses and consents of third parties and the Content provided by WBS under the terms of these Terms Of Use.
   
2. Any license granted to the User according to the following provisions is free of any charge and WBS does not derive any profit from granting the license.
   
3. Without prejudice to the provisions of p. 4 - 6 below, any Content downloaded, purchased or otherwise received by the User through Website are for the User’s personal and professional use for teaching only. Upon registration and/or subscription WBS grants to the User a limited, non-exclusive, non-transferable, license to access and download the Content. Except for the foregoing limited license, no right, title or interest shall be transferred to the User, unless expressly stated otherwise in case of particular Content, as specified in p. 4 - 6 below. The User agrees not to share the downloaded Content with third parties in ways other than using the Content for teaching purposes.
4. The User shall not remove any watermarks, logos, trademarks and the like from the Content.
5. The Content available on the Website is marked with signs indicating the terms of use of the Content and is divided into following categories:
   
   - The Content marked as CC BY-NC-SA.3.0. – the Content is provided under the Creative Commons license, available at http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode.
   - Author’s Content – the Author (or other entity entitled to the copyrights) of the Content is entitled to all copyrights to the Content, which is available on the Website under the license or consent granted to WBS by the authorised entity.
   - External Content – the Content downloaded and used by WBS under the licenses available at the address given at each of the Content, in accordance with the following formula: „External Content under the license at [www address]”
   
   
6. The User is entitled to use the External Content only under the conditions and in accordance with the license terms applicable to this Content. WBS does not grant the User any licenses or permits to use the External Content.
7. The User is entitled to use the Author’s Content  only on the basis of permissible use of the copyrights under Polish Copyright Act. WBS does not grant the User any licenses or permits to use the Author’s Content. 
   
   § 7 Registration

1. To access the Content on the Website, User will be asked to complete an online registration form.
2. The User agrees to provide true, current, complete and accurate information as requested on any registration form to which the Website may direct the User, and to update that registration information as soon as possible after any information on such registration form has changed.
3. Upon registration the User shall provide e-mail address and choose a password. The User alone is responsible for keeping that password confidential, and for any and all activity that occurs on this Website under such password and e-mail address.
4. Upon registration the User may agree to receive WBS’s newsletter to the e-mail address used during registration procedure. The User may revoke his consent at any time using settings of User’s account.
5. The registration is completed once the User receives a confirmation e-mail to the e-mail address used during the registration procedure.
6. The registration is free of any charge.
7. Upon the completion of the registration, the User becomes the Registered User and has full access to the Free Content. 
   
   § 8 Subscription

1. To access the Paid Content on the Website the Registered User will be asked to complete a subscription procedure. In order to complete the subscription, which requires making a payment, the User needs provide WBS with a current, valid and accepted method of online payment such as a PayPal account or credit card details.
2. The Subscription is completed once the Registered User receives a confirmation e-mail to the e-mail address used during the registration procedure.
3. Upon subscription, the Registered User becomes the Subscribed User and has full access to the Free Content as well as the Paid Content immediately upon completion of the subscription procedure.
4. The subscription fee will be billed on a monthly basis to the Subscribed User’s PayPal account on the calendar day corresponding to the commencement of User’s subscription.
5. The subscription will continue month-to-month until terminated. Unless the Subscribed User cancels the subscription before the monthly renewal date, WBS is authorised to charge the next month's subscription fee to the Subscribed User’s method of payment.
6. The Subscribed User may cancel the subscription at any time, and will continue to have access to the Paid Content through the end of the monthly billing period. WBS does not provide refunds or credits for any partial-month subscription periods or unused Content. The subscription will automatically stop at the end of the current billing period. 
   
   § 9 Right of withdrawal

1. As specified in § 2 p. 4, the User and WBS enter into a contract with each other.
2. The User has the right to withdraw from the contract within 14 calendar days without giving any reason. The withdrawal period will expire 14 days after the day of the conclusion of the contract.
3. To exercise the right of withdrawal the User shall inform WBS of the User’s decision to withdraw by an unequivocal statement (e.g. written letter sent by post or message sent via e-mail) including the User’s full name and e-mailaddress . For this purpose the User may use the model withdrawal form included below, but which is not mandatory. To meet the withdrawal deadline, it is sufficient for the User to send the communication concerning the User’s exercise of the right of withdrawal before the withdrawal period has expired.
4. If the User withdraws from the contract, WBS shall reimburse to the User all payments received from the User without undue delay and in any event not later than 14 days from the day on which WBS is informed about the User’s decision to withdraw. WBS will carry out such reimbursement using the same method of payment as was used for the initial transaction, unless the User has expressly agreed otherwise; in any event, the User will not incur any fees as a result of this reimbursement.
5. If the User requested to begin the performance of services during the withdrawal period, the User shall pay WBS an amount which is in proportion to what has been provided until the User has communicated to WBS the User’s withdrawal from this contract, in comparison with the full coverage of the contract.
6. The User hereby expressly acknowledges that the User loses the right of withdrawal in respect of the purchase of digital Paid Content once the performance has begun. The User hereby expressly acknowledges that the User loses the right of withdrawal in respect of any services if the performance has begun with the express consent of the User and once the contract has been fully performed by WBS. 
   
   § 10 Limitation of liability

WBS IS NOT LIABLE FOR:

ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL RESULT OF USER’S CONDUCT,

ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSSES CAUSED BY BREACHING THESE TERMS OF USE OR LICENCE MENTIONED IN § 6 ABOVE,

WORKING AND AVAILABILITY OF THE WEBSITE AND DOES NOT GUARANTEE THAT THE FUNCTIONING OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THESE LIMITATIONS OF LIABILITY APPLY EVEN IF WBS HAS BEEN EXPRESSLY ADVISED ON THE POTENTIAL LOSS. 

          § 11 Indemnity

1. The User agrees to indemnify and hold harmless WBS, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from the User’s (or anyone acting under the User’s password or username) use of this Website, connection thereto, or any alleged violation of Terms of Use by the User.
2. In particular the User agrees to indemnify and hold harmless WBS, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death to User or any third party that may result from the use of or reliance on any contents or product or its parts delivered to the User by WBS. The User understands and agrees that WBS is merely providing the Content to the User as a service, and that WBS has no control over, or responsibility for, the Content themselves and/or any consequences or adverse reactions the User or third parties may experience as result of their use. WBS recommends that the User exercises its own skill and care with respect to the use of any Content and should obtain any expert advice considered necessary. 
   
   § 12 Privacy Policy

1. WBS respects the User’s right to privacy of personal information.
2. All details on the manner in which WBS collects, uses, discloses and otherwise manages the User’s personal information are included in WBS’s Privacy Policy. 
   
   § 13 Changes and termination

1. WBS reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice at any time and from time to time. Further, WBS reserves the right to change the Terms of Use at any time and to notify User by posting an updated version of the Terms of Use on this Website. 
2. User is responsible for regularly reviewing the Terms of Use, including, without limitation to, checking the date of "Last Update" at the bottom of this document.
3. Continued use of the Website after any such changes occur, shall constitute User’s consent to be bound by such changes.
4. WBS may terminate the contract if the User violates the law or the provisions of the Terms of Use. WBS may terminate the User’s account after sending a warning about the possibility of terminating the User’s account within a specified period of time to the e-mail address used during registration. 
   
   § 14 Notification about violation

1. In the event that any Content posted on the Website violates the law, and in particular intellectual property rights or personal rights of third parties, or is contrary to the Terms of Use, each User may notify the fact to WBS by sending an e-mail to the address: agata.wilam@whybluesky.net .
2. After receiving such e-mail WBS assesses the credibility of the notification and takes necessary measures to ensure that the Content complies with applicable regulations. In particular WBS may remove or block access to the Content specified in p.1 of this section. 
   
   § 15 Complaints

1. In the event of unsatisfactory quality of services provided by the Website or WBS, or non-performance or improper performance of WBS’s obligations, the User is entitled to submit a complaint in this regard.
2. Complaints shall be submitted via e-mail at agata.wilam@whybluesky.net. The e-mail should be entitled "complaint" or the equivalent.
3. A proper complaint should contain at least the following:
   
   - User’s name and e-mail address
   - brief description of the User’s remarks and objections.
   
   
4. All complaints are investigated by WBS immediately, not later than within 14 days.
5. The negative outcome of the complaint procedure is a prerequisite for pursuing claims in connection with the contract before the appropriate court 
   
   § 16 Applicable Law

1. The Terms of Use shall be governed by and construed in accordance with the  laws of Poland. 
2. Any disputes which may arise from or in connection with the functioning and using of the Website shall be brought before the Polish court competent ratione materiae. 
   
   

PRIVACY POLICY

          § 1 Definitions

1. WBS – “WHYBLUESKY” sp. z o.o. (limited liability company established and operating under the laws of Poland) with its registered seat in Krakow, Poland, tax ID: 676-249-35-24.
2. Website – website located at www.whybluesky.net . 
3. User – a person who uses the Website either as Registered User or Subscribed User.
4. Registered User - a person who uses the Website by registering an account on the Website and has access to Free Content. 
5. Subscribed User - a person who has completed the subscription procedure on the Website and has access to the Paid Content.
   
   § 2 Introduction

1. This Privacy Policy sets out how WBS uses and protects any information that the User gives to WBS when using the Website.
2. By using the Website, the User accepts this Privacy Policy in full. If the User disagrees with any provisions of this Privacy Policy, the User shall not use the Website.
3. WBS is committed to ensure that the User’s privacy is protected. Should WBS ask the User to provide certain information by which the User can be identified when using this Website, the information will only be used in accordance with this Privacy Policy.
4. The User should note that the WBS Privacy Policy does not apply when the User accesses other websites via the web links located on the Website, as WBS has no control over the activities of these other websites. Therefore, WBS cannot be responsible for the protection and privacy of any information which the User provides whilst visiting such websites and such websites are not governed by this Privacy Policy. The User should exercise caution and look at the privacy statement applicable to the website in question.
5. WBS may change this Privacy Policy from time to time by updating this Website. The User should check this Website from time to time to ensure that the User is happy with any changes. The date of the last update indicates the date of the most recent modifications.
6. This Privacy Policy respects all applicable laws on data protection.
   
   § 3 What WBS collects

1. WBS collects the following information: full name, e-mail address and the grade the User teaches. WBS may also collect the following information: contact information including the User’s street address, telephone number, age and/or date of birth, demographic information such as postcode, preferences and interests, other information relevant to Contents of the Website. 
2. In case of Subscribed User, WBS may collect other information, in particular transactional information to the extend necessary for enabling payment for subscription.
3. WBS is committed to ensure that User’s information is secure. In order to prevent unauthorised access or disclosure WBS has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information WBS collects online.
   
   § 4 What WBS does with the information gathered

1. WBS requires the gathered information first and foremost to enable the User to register an account and/or subscribe to WBS services.
2. Other reason  the information is required is to understand the User’s needs and provide the User with a better service, and in particular for the following reasons:

1. Internal record keeping.

1. Improving WBS products and services.
2. Provided the User has expressed consent during the registration procedure, WBS may periodically send promotional emails about new products, special offers or other information which WBS deems interesting for the User to the email address used during registration. 
3. From time to time, WBS may also use User’s information to contact the User for market research purposes. WBS may contact the User by email, phone, fax or mail.
4. WBS may use the information to customise the Website according to User’s interests.
5. WBS may provide User’s information to WBS’s third party partners for marketing or promotional purposes.
6. WBS will never sell User’s information.
   
   § 5 How WBS uses cookies 

1. A cookie is a small file which asks permission to be placed on the User’s computer hard drive. Once the User agrees, the file is added and the cookie helps to analyse web traffic or lets one know when the User visits a particular site. Cookies allow web applications to respond to the User as an individual. The web application can tailor its operations to the User’s needs, likes and dislikes by gathering and remembering information about the User’s preferences.
2. WBS uses traffic log cookies to identify which sites are being used. This helps WBS to analyse data about website traffic and improve Website in order to tailor it to the User’s needs. WBS only uses this information for statistical analysis purposes and then the data is removed from the system. 
3. Overall, cookies help WBS provide the User with a better Website, by enabling WBS to monitor which sites the User finds useful and which not. A cookie in no way gives WBS access to the User’s computer or any information about the User, other than the data the User has chosen to share with WBS. 
4. The User can choose to accept or decline cookies. Most web browsers automatically accept cookies, but one can usually modify one’s browser settings to decline cookies if so preferred. This however may make using all functionalities of the Website impossible.
   
   § 6 Controlling User’s personal information

1. The User may choose to restrict the collection or use of User’s personal information. Especially, if the User has previously agreed to WBS using the User’s personal information for direct marketing purposes, the User may revoke the consent at any time by emailing WBS at agata.wilam@whybluesky.net.
2. WBS will not sell, distribute or lease User’s personal information to third parties unless WBS has User’s permission or is required by law.
3. WBS may use User’s personal information to send promotional information about third parties which WBS thinks the User may find interesting if the User informs WBS that User wishes this to happen.
4. The User may request details of personal information which WBS holds about the User under relevant data protection provisions of Polish law by sending an e-mail to agata.wilam@whybluesky.net.
5. If the User believes that any information WBS holds on the User is incorrect or incomplete, the User is asked to email WBS as soon as possible, at the above address. WBS will promptly correct any information found to be incorrect.
6. If the User wants WBS to delete the personal information from WBS servers, the User is asked to email WBS  at the above address. The User should note that the deletion of personal data will lead to the termination of User’s registered account and applicable services.