Brainly.ro Terms of Use

General Provisions

§ 1

Terms of Use define the regulations of brainly.ro website (hereinafter referred to as the Website), including the internet services provided by the Website.

The User is obliged to recognize the content of the Terms of Use.

The Users are expected to show honesty and respect the provisions of the accepted Terms of Use.

Definitions

§ 2

Terms of Use – the following regulations defining the principles of operation of the Website, including the internet services provided by the Website.

Website – brainly.ro website, ran by Zadane.pl sp. z o.o., which constitutes a system with its complete content and the functionality of the website, and which lets the Users use the services mentioned in the Terms of Use. Mentioning the Website in the Terms of Use should be also understood as mentioning the Organizer.

Organizer – the organizer of the Website - Zadane.pl sp. z o.o., ul. Marszałkowska 84/92 117, 00-514 Warszawa

Administrator – Organizer of the Website or a person delegated by Organizer, to have a full or regulated control over the Website.

User – an adult or (having a permission of the statutory representatives) a minor natural person, legal person or an entity without legal personality.

Content – any content posted on the Website by the Users, which is understood as creation, according to the Law of Copyrights and related laws, as well as information which is not protected by the copyrights.

Moderators – The Organizer along with other persons authorized by the Organizer to conduct the moderation of the Content, with a view to allowing the use of the Website.

Account – individual, electronic account on the Website, activated for the User in order to let him/her use the services of the Website.

Website Services

§ 3

Under the Website services, a system is provided, allowing the Users to publish and store Content,

Using the Website, except for browsing the posted Content and advertisements, requires registration. Users can register on the basis of the Terms of Use, as well as the regulations concerning publishing and storage of Content mentioned in the Terms of Use.

Registered Users may – by filling the adequate electronic forms – publish and store the following Content:

  • questions from the chosen school subject,
  • answers to the questions asked, mentioned in point 1),
  • inquiries and explanations to the answers posted, concerning the asked questions and answers given in mentioned in point 1),
  • essays or thematic works from the field of any school subject,
  • private messages – being the part of communication between Users,
  • Users’ posts –being the part of the group discussions and profile comments,
  • comments to the User’s profile.

Using the Website, the User can obtain the so-called points. They are used in the relations between the Users. The regulations concerning the ways of obtaining points and their use are defined in the annex to the Terms of Use entitled.

Questions awaiting to be answered

Posting a question from the field of a chosen school subject on the Website is done to obtain appropriate guidance and explanations on how to answer this question, and a full solution, provided by another User.

The issues covered by the question must be formulated specifically, to the point and comprehensively. Therefore they may not include references to external sources, familiarity with which would be essential to understanding and answering the question.

Questions which include several issues, which need to be solved, should be divided by the User posting the question into two, or more questions and in this form they can be shown to other Users. Should this condition be not satisfied, the Moderators may delete the wrongly formulated question and ask the User to create several questions on its basis.

The User, posting a question to be answered on the Website, may decide on one of the options of the display format of the question on the list of questions to be answered, which is public on the Website:

  • Standard question – the question appears on the last position on the list of questions to be answered.

The User acknowledges and agrees that in the event of termination of use of the Website services provided, User’s question can be stored indefinitely by the Administrator.

Answering questions

An answer posted on the Website should include the solution to all the issues mentioned in the given question and contain appropriate guidance and explanations on how to answer this question.

The answer must not consist of an external link posted on the Website, or be a copy of a previously given answer, posted on the Website by another User.

Answering a question, concerning scientific subjects, which demand certain calculations, must not consist of the final result only. It must include the presentation of the calculations.

The User, who is an author of an answer to a question asked by another User, as the result of providing and publishing this answer, is awarded points – their amount and rules of giving the points is defined by the annex to the Terms of Use entitled “Points”.

An answer, posted by a User, can be removed from the Website, should there be a need of deleting the question, to which the answer was applicable.

Inquiries and explanations concerning posted answers

The Users of the Website, as a part of the discussion about the answers to the questions, can, with a view to acquiring appropriate clues, explanations and clarifications of the solutions methods, ask questions about a chosen fragment of the provided answer.

Essays and thematic works

Essays and thematic works may concern issues from the field of a chosen school subject.

The essays and thematic works published on the Website are visible in the resources of the Website for other Users after verification by the Moderator.

Should the Moderator decide that the content published constitute spam, their substantive level is very low or they are too short and laconic for the given question, the content may be deleted from the resources of the Website.

In the case of a serious or numerous abuse or violation of the regulations, a User may be excluded from the possibility of posting the thematic works and essays on the Website.

A user who is an author of an essay or a thematic work, obtains points for publishing them on the Website - their amount and rules of granting the points is defined by the annex to the Terms of Use entitled “Points”.

Private messages

The Website allows its Users to exchange private messages between each other, with the use of the application provided by the Website.

Comments on the User’s profile

Users of the Website may publish various comments and information on their own profiles as well as the profiles of other Users, using the electronic form provided by the Website.

Technical requirements

§ 4

Using the Website’s services requires using an internet browser MSIE 8.0, Firefox 3.6, Opera 11.0, Chrome 16 or any compatible one, with the “cookies” option enabled, as well as the screen resolution of at least 1280x800.

The User understands that the use of software such as Adblock Plus and Flashblock and alike may impair the operation of the Website or can prevent the User from using it completely.

Registration and User’s account

§ 5

Registration, creating and using the User’s account on the Website is free of charge.

Registration of a User is completed by the correct filling and sending of the registration form to the Administrator (-> register).

The User is required to provide genuine data in the form.

Should the User provide false data, the Administrator has the right to reject his/her registration. Should the Administrator learn about the providing of false data by a User after the registration, the Administrator has the right to block the User’s account and unregister the User from the Website.

The User has the right and is obliged to update his/her personal data, should they change (-> change data).

The User should inform about the change of personal information by filling the actualization form and sending it to the Administrator after logging into the account .

The possibility of using the service may be dependent on the confirmation of the User’s personal data with an appropriate document (e.g. ID, copy of the records, certificate of the identification number or REGON, etc.). The confirmation should be performed in the way specified by the Organizer, including the obligation of the User to send a copy of a document by mail or its scan by email.

Sending the registration from to the Administrator is regarded as:

  • User’s consent to the processing of his/her personal data in order to implement the Website’s services,
  • User’s acceptance of the provisions of the Terms of Use
  • User’s consent to receiving advertising materials from the Administrator.

After the completion of the registration process, the User activates the personal electronic account on the Website.

The User does not have the right to enable access to his/her account to third persons, or to use other Users’ accounts.

The User may be unregistered from the Website:

  • on his/her own demand –expressed in writing by a contact form, or addressed to persons authorized by the Administrator to unregister Users,
  • without his/her permission – in case of violating any law or the provisions of the Regulations, and in the case of suspension, modification or elimination of the Website’s functionality.

In the event of violating of the law or the provisions of the Terms of Use by a User, the User’s account may be blocked, and the User may be unregistered from the Website. The access to the content published by the User may be blocked and the content itself may be deleted from the Website.

Application of the sanctions mentioned in passage 14 does not eliminate the right of the Administrator to use other legal measures towards the User, nor the responsibility of the User resulting from the committed violations towards third persons.

Deleting of the User’s account in cases referred to in the Terms of Use, is equivalent to unregistering the User from the Website.

After the completion of the registration on the Website, every User is assigned a User’s profile.

Publishing and storing the content

§ 6

It is forbidden for the Users to publish and store on the Website any Content, mentioned in § 3, passage 3, which:

  • are of illegal nature, especially violating intellectual property rights of others, including copyrights, or infringing others’ personal goods,
  • being of advertising nature, especially advertisements of services competitive to the Website,
  • content which is offensive and undermining good manners, including vulgarity,
  • infringing the mandatory provisions of the law,
  • affecting the good image of the Website.

Publishing on the Website any Content, being subject to copyrights or any other intellectual property rights is treated as the User’s statement that he/she:

  • is entitled to the property rights of the Content or other legal basis authorizing to consolidating, copying and publishing of the Content in such a way, that everybody may access it in a chosen time and place,
  • is using the Website to publish free Content created by himself/herself – in such a way, that every other User of the Website may have access to it in a chosen time and place,
  • lets the Organizer keep the Content published, for an unspecified period of time on the Website, free of charge.

A User publishing Content which is protected by copyrights or any other intellectual property rights, bears full criminal and civil liability for the potential violations of the rights of the third persons.

Publishing Content on the Website occurs when the User sends it, using any of the electronic forms, available on the Website.

Publishing Content on the Website occurs for an unspecified period of time – in accordance with the Terms of Use concerning the effects of renunciation of the agreement regulating the services of the Website.

In justified cases, in particular in the event of a doubt as to the respecting of the Terms of Use by the User, the Administrator has the right to establish and keep a copy of the User’s content, prior to its removal from the Website.

The Content published by the User may be deleted from the Website, in cases referred to in the regulations of the Terms of Use and the Law.

Use of the Content

§ 7

The Users have the right to use the Content published on the Website only within their own needs, for non-commercial purposes.

Should the Content be a subject to copyrights or any other intellectual property rights, the User may use it within the allowed use, provided by the copyrights and related rights.

Using the Content in accordance with the Terms of Use is free of charge.

The Users bear full civil and criminal liability for committing infringements of third persons’ copyrights, or related rights, for the Content, in case of using it illegally.

Control over the Content. Moderation

§ 8

The Administrator has the right to control – within his/her capabilities – publishing of the Content by the Users, in order to eliminate such that does not meet the conditions mentioned in the Terms of Use.

In the case of publishing Content which does not meet the regulations of the Terms of Use or in the case of reasonable doubts in this matter, the Administrator has the right to block the access to the Content published by the User and to delete it from the Website.

The content published on the Website and Users’ behavior is subject to so-called moderation (verification), which is performed on the basis of the regulations provided in passage.

Moderation is performed on the following levels:

  • moderation on the part of the Website – concerning the Content of essays and thematic works, performed by persons authorized to it by the Organizer of the Website – it occurs prior to publishing the moderated Content to other Users,
  • social moderation – concerning all the Content on the Website available to Users, done by every User of the Website – it occurs after publishing of the moderated Content to other Users,
  • group moderation – concerning all the Content on the Website available to Users, it is done by the Users chosen by the Administrator – it occurs after publishing of the moderated Content to other Users.

Moderation of the Website is performed in accordance with the regulations of the Terms of Use, concerning essays and thematic works.

Social moderation is based on the possibility of reporting, by any User, the fact of publishing inaccurate answer to his/her question or any Content of spam nature on the Website. Social moderation is done with the use of the communication tools available on the Website.

Group moderation is based on monitoring and verification of the Content published on the Website, taking into account the powers of the Moderators:

  • he right to delete User’s accounts, should the User register on the Website, contrary to the regulations of the Terms of Use, at least twice,
  • the right to delete the Content which does not meet the requirements mentioned in the Terms of Use,
  • the right to delete User’s account, should he/she violate the law or the regulations of the Terms of Use – provided that the User had been warned that in case of continuing mentioned violations, his/her account would be deleted from the Website, this right may be exercised if the warning proves ineffective.
  • the right to block User’s access to the Website from the computer with which the User creates accounts, with which he/she commonly violates the Terms of Use, or with which the User renders the activity of other Users, Administrator or Moderators unpleasant - this right should be exercised after the User had been warned that in case of continuing mentioned violations, such blockade may be imposed, this right may be exercised if the warning proves ineffective.
  • the right to execute the editorial works related to the Content published by the Users in order to ensure their proper presentation, including the right to their categorization, changing the title, dividing them into smaller parts in case of complexity of the Content, correction of the obvious spelling errors, etc.

The Administrator may assign additional powers to the Moderator in order to focus on providing proper functioning of the Website, or deprive the Moderator of his/her powers, should their execution by the Moderator be no longer required or unjustified for any reason.

Privacy Policy

§ 9

The Administrator guarantees the protection of the personal data provided by the Users.

Processing of the data shall be in accordance with the principles laid down by law, including the conditions laid down in the Law on Personal Data Protection Act and the provision of electronic services and the Terms of Use.

Processing of the Users’ personal data by the Administrator may only occur for the realization of the services of the Website and delivering to the User the promotional and marketing content of the Website..

Personal information collected on the Website may also be used to inform the Users about the Website and services provided by it and made available to:

  • the appropriate state authorities upon their request on the basis of the relevant provisions of law,
  • bodies representing the Organizer while redressing the rights vested in the Organizer as a result of providing the services of the Website to the User, whom the individuals' personal data and the data of other Users of the Website concern,
  • other individuals and entities - in the cases provided by law.

he scope of data processed on the Website, including personal data of the Users include the following information: first and last names, email address, postal address, gender, date of birth, telephone number, Gadu-Gadu messenger number, User’s educational level.

The legal basis, authorizing the conduct of personal data collection, is the consent of Users, whom the data concerns, as well as the mentioned above regulations.

Providing data by the User, including personal data, is voluntary, however, in the case of certain data, it is necessary for the realization of the Website’s services.

Personal data is provided by the Users at the stage of registration on the Website, and during correction or updating personal data on the Website by the User.

The Administrator shall take the appropriate technical and organizational measures to ensure the security of personal information provided by Users, in particular, to prevent access to the data by third parties, processing with violation of the law, as well as to prevent their loss, damage or destruction.

The Users have the right to:

  • access to their personal data, provided in connection with the use of the services of the Website, right to make additions, corrections and updates to the data, the Users implement those rights through completing and electronically submitting the appropriate forms,
  • request temporary or permanent suspension of the processing of their personal data, or deleting it, should it be incomplete, outdated, incorrect or collected with violation of the law,
  • object to the processing of their personal data - in the cases provided by the law – and the right to request their removal, it becomes necessary for the purpose for which it was collected.

The administrator may process Users’ personal information despite the end of the service provided by the Website, as long as they are allowed to be process the by law or agreements or are necessary:

  • for settlement and redress concerning the services,
  • to clarify the circumstances of unauthorized, that is contrary to the Terms of Use, use of the services
  • In order to provide users with promotional or marketing materials of the Website,

In connection with the use of the Website, User performance data is processed on as well, including the User's computer's IP number, on which the cookies files are stored, which enable easier use of the Website.

Along with the profile, obtained by each User upon registration on the Website, other Users are provided with the following data: name, age, gender, date of registration on the Website, date of last login on the Website, User’s education level.

Users’ inquires regarding the regulations of personal data processing, submitted to the Website via email using the form from http://brainly.ro/contact, shall be answered by the Administrator as soon as possible.

Administrator’s liability

§ 10

The Administrator is not responsible for:

  • The accuracy of the personal data provided by the Users,
  • Users’ actions or omission violating the law or the provisions of the Terms of Use,
  • Users’ violation of others’ rights in connection with the use of the Website - in particular when providing ICT system resources to store or share the Content by the User, Administrator is not aware of the unlawful nature of such Content or related activities, and in case of notification or obtaining reliable knowledge of illegal Content or related activities, he/she will immediately prevent access to specified content,
  • Solvency of the Users,
  • Correspondence of the Content published by the Users with the principles of knowledge of a given school subject,
  • Acts or omissions of Internet service providers and failures and disruptions in the functioning of the Internet, through which the User uses the services of the Website,
  • Actions of users and other persons disrupting or making the use of the Website impossible,
  • Website malfunctions caused by force majeure.

Irrespective of the cases given in passage 1, the Administrator, within his/her means, ensures the appropriate level of knowledge on the Website, including the Content contained therein and advertising.

In case of any infringement of any law or the provisions of the Terms of Use done by the Users, the Administrator is entitled measures provided in the Terms of Use, including the right to block the User’s account and unregister him/her from the Website.

In view of the impossibility to verify the legality of some of the Users’ actions, including assessing whether the action violates the rights of others, the Administrator declares that the Users bear responsibility for the committed violations.

Claims

§ 11

Users have the right to make complaints regarding the quality of services provided by the Website.

Complaints should be submitted electronically to the email address [email protected]

The Administrator will have considered the complaints no later than 7 days from the submission.

Termination and withdrawal from the agreement regulating the services of the Website

§ 12

The agreement regulating the services of the Website, concluded between the User and the Website may be at any time terminated by the User with an immediate effect.

Submission of the declaration of intention to terminate the contract by the User should be done in a form of an email sent to the Administrator to the email address [email protected]

The Organizer has the right to withdraw from the agreement regulating the services of the Website, concluded with the User:

  • With an immediate effect - in the case of non-performing or improper performance of the agreement by User, including violating the Terms of Use by the User or other mandatory rules of law - the User, after a prior warning by the Organizers or the Moderator, in the case of continuing violations the concluded agreement regulating the services of the Website shall be terminated- Termination may occur if the warning proves to be ineffective.
  • With a two-week period of notice –for important reasons.

The termination of the agreement occurs by submitting a declaration of intent to User in electronic form.

Termination of the agreement regulating the services of the Website, between the User and the Organizer of the Website, is associated with the liquidation and deregistration of the User’s account from the Website and the Content published on the Website by the User shall be deleted from the Website, with the proviso that if the content is a part of a question, it can be still - indefinitely - stored on the Website if it contains the answer, or an answer has been posted to this question. Removal of personal data of a User is carried out in such a case, taking into account the principles of the Privacy Policy.

Modifications to the Terms of Use

§ 13

The Terms of Use may be modified in accordance with the regulations laid down in the Terms of Use.

The User has the right to refuse accepting the new version of the Terms of Use. User’s statement expressing such wish, may be submitted to the Administrator in the form of an e-mail within 7 days from the date of the change of the Regulations.

Refusal to accept the new version of the Terms of Use will result in termination of the agreement to provide electronic services to the User and the consequent liquidation of the User’s account and the unregistration from the Website. In such a case, the removal of the User's personal data from the Website is carried out taking into account the principles of the Privacy Policy.

The last modification of the Terms of Use occurred on 25th April 2010.