Rules and Regulations of Fotka social media site
of February 8 2024.


Section I - Introduction


Article 1

These Rules and Regulations define the operation rules of Fotka.com site hereinafter referred to as the Site, and the terms of providing and using all Services offered by the Site such as chat, webcams, internal communicator, forum. Detailed and specific rules and regulations of using each service on the Site, non-conflicting with these Rules and Regulations, can be described in appendices specified in the content below.


The Site's name, its concept, graphic design, logo, graphic elements, trademarks, software and database are protected by law.


Article 2

These Rules and Regulations have been drafted in compliance with provisions of law which are applicable on the territory of the Republic of Poland, and they set forth the Site's operation rules, and the terms of providing and using the Services. The Rules and Regulations specify the rights and obligations of Users, as well as the rights, obligations and the scope of responsibility of Fotka as the entity governing and running the Site.


Article 3

The entity governing the Site is Fotka Spółka z ograniczoną odpowiedzialnością Spółka komandytowa with its registered seat in Elbląg, Władysława Orkana 24 Street, postal code 82-300 Elbląg, entered into the register of enterprises of the District Court for the city of Olsztyn, VIII Commercial Department of the National Court Register (KRS) under KRS No. 0000721451, with its tax identification (NIP) No. 113-257-96-12 and share capital (paid up) amounting to PLN 60.000,00.


Article 4

Every user is obliged to get acquainted with the Rules and Regulations and the Privacy Policy, and to follow their provisions, as well as the provisions applicable on the territory of the Republic of Poland. Accepting the Rules and Regulations takes place at the moment of ticking a relevant field during the process of registration at the site. Accepting the Rules and Regulations means also the acceptance of detailed terms and conditions of using particular functionalities of the Site.

Section II - Definitions


Article 5

The terms applied in the Rules and Regulations should be interpreted as follows


The Administrator

Individuals indicated by the entity governing the Site.


Ban/Blocking

Access blocking imposed on the User for illicit breach of the provisions of the Rules and Regulations.


Black list

A list defined by the User, comprising other Users who have no possibility to browse the User's profile, sending messages, posting comments, and who have no insight into the User's Materials.


Data

Any data, in particular information, photos, films, posts or comments which the User freely places at the Site;


Personal Data

Gathered in the registration form (available at https://fotka.com/rejestracja/), and then freely modified by the User while his or her activities at the Site, information concerning an identified or identifiable natural person, processed by Fotka in order to provide pertinent Services set forth in the Rules and Regulations of Fotka Site, as well as to conduct operational and statistical activities connected with running the Site and for other purposes, indicated in a relevant consent granted by the User. The notion of personal data also refers to data automatically collected by the Administrator of the Site, such as data of the device which the User employs in order to connect with the Site, and data on location, used to ensure the safety of the Site's functioning.


Filter

Information about the User's preferences regarding the gender and age of individuals they want to view. Information about a User's filter is not accessible to other Users.


Fotka/the Site

Social media site accessible online at www.fotka.com, as well as via Fotka apps available for phones operating on systems: Android, iOS and Windows Phone.


Fotka Team (FT)

Individuals managing and running the Site. The login name of these individuals contains Fotka's logo in blue.


Fotka Friend (FP)

User who helps other Users get better acquainted with the Fotka Site, who looks after the quality and credibility of posted photos, videos, descriptions and comments. The login name of these individuals contains Fotka's logo in grey.


Additional functions

The Site's functions available for the User after access activation in the Star Club. (Detailed information).

Group

A group of Users who share similar interests.


Star Club

A paid service available on Fotka allowing for the activation of additional features.


Account

The page/server space of the Site available for the User, at which the User can place Data with which other Users may get acquainted, and which Fotka may also use under these Rules and Regulations and in compliance with consents granted by the User;


Comment/Post

Text added by the User at the Site


Location

The locality provided by the User in the appropriate form or established based on the User's sharing of GPS location for the Fotka application. Having a location allows the user to browse profiles of other users with the same or nearby location. A user can have up to three locations on their profile. The history of location changes is stored for a maximum of 24 hours.


Materials

Photos, videos and other content placed by Users


Profile/Login name

String of characters entered by the User at the Site, allowing further identification while using the Site.


Endowed User

User who has obtained access to Star Club from another User.


Profile

Space at the Site where the Data entered by the User are published.


Special Profile

Profile created by Fotka Team for third parties, based on a separate agreement between the Site and this party;


Private message

Message sent to the User by another User via internal messaging system of the Site. The messages are stored both on the side of the sender and the receiver of each message. By deleting the messages, the user deletes their own copy; messages deleted by both sides of the conversation are irreversibly deleted from the Site.

The Site reserves the right to analyse the content of private messages by antispam system and to delete the messages which are older than 6 months.


Star Club

Paid service available at Fotka, allowing the activation of Additional Functions.


Tips

Service consisting in sending 'tips' by users who release broadcasts at Fotka. Click here to find out more about Tips.


User

Natural person in their full legal capacity who, by accepting the Rules and Regulations, was granted access to the Services. A user can be also a minor and/or a natural person not having full legal capacity, subject to the approval of his/her legal guardian;


Agreement

The agreement on providing services by electronic means, concluded between the User and Fotka upon the moment of accepting the Rules and Regulations, and the Policy by the User, the content of which is compliant with the content of the Rules and Regulations and Privacy Policy.


Account verification

Takes place after successful registration in the Site. It consists in sending a special code via SMS message to the phone number indicated by the User. The code needs to be entered by the User in a space indicated on the Site.

Section III – Registration and terms of using the Site


Article 6

Any natural person who is at least 18 years old, completes the registration process, and accepts the entire content of the Terms and Conditions can be a user of the Service.


Article 7

Registration on the Site consists in correctly fulfilling the form available at: https://fotka.com/rejestracja/, accepting the Rules and Regulations and Privacy, and confirming email address by clicking the link. Every User is sent the confirmation link to the email address indicated in the process of account registration.


Article 8

During the registration process the User is obliged to give his or her true and up-to-date data, as well as to update them if they should change.


Article 9

Successful completion of the registration process means signing an Agreement for an indefinite period for using selected non-paid functionalities of the Site and using selected by the User paid services and functionalities.


Article 10

After completing the registration process, the User may be asked to verify their account via phone number. Sharing the phone number constitutes granting consent to its processing for the statistical and safety purposes. The number is not used for marketing purposes, the verification procedure does not entail the activation of any paid serviced for the indicated number. After completing the verification of their Account, the User obtains full access to all non-paid functionalities of the Site.


Article 11

The User who has concluded an Agreement for using the Site may obtain notifications about the activities on their account, suggestions concerning new friends or information on the content added by friends, all of which will be sent to the email address indicated during the registration process and to the end devices.


Article 12

A registered User of the Site has the right to:

  1. having their own Account and Profile on the Site,
  2. changing or deleting their data with the use of Account options,
  3. browsing Profiles of other Users and voting for profiles and photos,
  4. sending private Messages, including commenting profiles, photos or videos,
  5. taking part in forum discussions, in the chat and in groups.

Article 13

Is not allowed to:

  1. use vulgarisms and expressions commonly perceived as offensive, or in any way disrespectful to the dignity of other users,
  2. posting pornographic content,
  3. promoting websites which are unconnected with the Site,
  4. posting Materials which breach the Rules and Regulations,
  5. using programs (bots) which generate queries to Fotka's servers. Any activities of this sort may be interpreted as a DoS attack (Denial of Service). The only exception are programs using official API Service,
  6. sending spam,
  7. placing content and materials of commercial nature, without a written consent of the entity governing the Site.
  8. sharing personal data of third parties without their consent.

Article 14

  1. The Service Administrator employs technology actively detecting content that violates the provisions of these Regulations or applicable laws, both in terms of Materials and Cameras. In case the Service Administrator detects content that violates the Regulations, the Service Administrator reserves the right to:

    1. remove such content;
    2. immediately terminate the transmission via Cameras, which violates the provisions of the Regulations;
    3. impose a Ban on the User's Account.

  2. Actions referred to in point 1 above may be taken automatically by systems detecting content violating the provisions of the Regulations, regardless of whether they have been reported to the Service Administrator or not.

  3. The User acknowledges that Materials and content provided via Cameras may be subject to automatic filtering and moderation to detect content that violates the Regulations or is inconsistent with applicable laws.

  4. Each User can report Material, content provided via Cameras, as well as content of Private messages, which in his opinion may violate the provisions of the Regulations or applicable laws.

  5. To make a report referred to in point 4 above, the User should use the "report violation" option available on each profile. The report must contain at least:

    1. a sufficiently justified explanation of the reasons why the User alleges that certain content is inconsistent with the Regulations or applicable laws;
    2. if possible, indication of the exact electronic location of information (e.g., URL) and, where appropriate, additional information enabling the identification of content inconsistent with the Regulations or the law (e.g., User's nickname who provided the content, screenshot, etc.);
    3. first name and last name or nickname and email address of the reporting User (except for reporting content related to crimes specified in articles 3-7 of Directive 2011/93/EU, in which case this is not necessary);
    4. a statement confirming the reporting User's good faith belief that the information and allegations contained therein are correct and complete.

  6. If the report referred to in point 4 contains electronic contact details of the reporting User, the Service Administrator promptly sends confirmation of receipt of the report to such User.

  7. Following acceptance of the report, the Service Administrator notifies the reporting User promptly of its decision regarding the information covered by the report, providing information on the possibility of appealing against the decision, as referred to in Art. 15 sec. 3 of the Regulations. The information referred to in the preceding sentence is provided through the same communication channel through which the report was made.

  8. Acceptance of the report by the Service Administrator means that the decision is made by a human being on behalf of the Service Administrator.

Article 15

  1. As a consequence of:

    1. removing specific content;
    2. terminating the transmission via Cameras;
    3. imposing a Ban on the User's Account;
    4. expelling the User from a specific chat room or transmission via Cameras;

    The Service Administrator provides the User, against whom actions described in items a-e above were taken, with a justification of its decision. The information mentioned above is provided through the same communication channel through which the report was made. However, in the case of a Ban, it is sent to the email address of the User assigned to their Account in the Service.

  2. The justification mentioned in point 1 above contains:

    1. indication whether the actions include removing specific content, preventing access to it or suspending or terminating monetary payments during transmissions via Cameras, or imposing other measures referred to in point 1, regarding specific content;
    2. facts and circumstances based on which the Service Administrator made the decision, including information whether the decision was made based on a report made in accordance with Art. 14 sec. 4 of the Regulations, or based on voluntary verification activities carried out on the initiative of the Service Administrator;
    3. where applicable, information about the use of automated means when making decisions referred to in Art. 14 sec. 2, including whether the decision was made regarding content detected or identified using automated means referred to in Art. 14 sec. 3;
    4. if the Service Administrator's decision concerns potentially illegal content, indication of the legal basis on which the decision is based, and explanations regarding the reasons why, on this basis, the content is considered illegal;
    5. if the decision is based on alleged non-compliance of content with the Regulations, indication of the basis on which the decision is based, and explanations regarding the reasons why the content is considered inconsistent with the Regulations;
    6. information about the User's rights to appeal the decision, especially in relevant cases through internal complaint review mechanisms mentioned in sec. 3-7 below, out-of-court dispute resolution, and judicial appeal mechanisms.

  3. The Service Administrator provides Users, against whom actions described in point 1 lit. a-e above were taken, and Users who made a report as described in Art. 14 sec. 4, with access to an internal complaint review system enabling electronic and free submission of complaints about actions described in point 1 lit. a-e above, or complaints about the decision made by the Service Administrator after receiving the report described in Art. 14 sec. 3. The complaint mentioned in the preceding sentence is considered on behalf of the Service Administrator by a human being.

  4. The period during which the User may submit a complaint described in sec. 3 above is six months from the day on which the User was informed of the decision mentioned in Art. 15 sec. 1 or Art. 14 sec. 7.

  5. To file a complaint described in sec. 3 above, the User should contact the Service Administrator via email: fotka@fotka.com.

  6. The complaint should contain at least:

    1. the User's nickname;
    2. indication of the decision of the Service Administrator or the content against which the Service Administrator took action, along with a description of these actions allowing for unambiguous identification by the Service Administrator of the specific action;
    3. reasons and arguments why the Service Administrator should change its decision and acknowledge that:
      1. its decision not to take action in response to the report described in Art. 14 sec. 4 is unjustified;
      2. the information covered by the report described in Art. 14 sec. 4 is not inconsistent with the Regulations or legal provisions;
      3. the User's action does not justify the decision mentioned in Art. 15 sec. 1.

  7. If the complaint meets the requirements specified in sec. 6 and, in the opinion of the Service Administrator, the reasons and arguments mentioned in sec. 6 lit. c) are sufficient, the Service Administrator considers the complaint and promptly revokes the decision or actions described in sec. 3, and informs the User about this fact via the means of communication through which the complaint was filed.

  8. If the complaint is not considered, the Service Administrator informs the User about this fact via the means of communication through which the complaint was filed.

  9. If the complaint is not considered, the User has the right to choose an out-of-court dispute resolution body from among the bodies indicated by the [Coordinator for Digital Services of the Republic of Poland within the meaning of Regulation (EU) 2022/2065] to resolve the dispute regarding the decision made by the Service Administrator mentioned in Art. 15 sec. 1 or Art. 14 sec. 7, provided that the Republic of Poland designates such body by that day through the appropriate legal act.

  10. If a dispute concerning the same content and the same basis of alleged non-compliance with the Regulations or legal provisions has already been resolved, the Service Administrator may refuse to cooperate with the out-of-court dispute resolution body mentioned in sec. 9 above.

  11. If the out-of-court dispute resolution body resolves the dispute mentioned in sec. 9 in favor of the User, the Service Administrator refunds to the User all fees charged by the out-of-court dispute resolution body and reimburses the User for any other reasonable expenses incurred by the User in connection with the resolution of the dispute.

  12. If the User frequently and clearly submits unfounded reports or complaints as described in Art. 14 sec. 4 or Art. 15 sec. 3, the Administrator – after issuing a prior warning to the User – reserves the right to suspend the User's right to make such reports or complaints for a specified period.

Section IV - Account


Article 16

The User may open up to 3 Account on the Site.


Article 17

Disclosing the Account password to third parties is forbidden.


Article 18

The User is the only person allowed to use the Account. It is forbidden to open and use accounts by 2 or more people simultaneously. The only exception is Special Profiles.


Article 19

The User has the right to delete their Account by themselves or by contacting the Site Administrator. Deleting the Account is tantamount to terminating the Agreement with the Site.


To delete your account on the Website, you need to go to "Settings" - account tab and click on the sentence at the bottom of the page "Start the account deletion procedure". Then follow the instructions.

Deleting the account results in deleting all of the User's personal data from the Site, except for personal data which the Site is obliged to store by virtue of other provisions, and statistical data subject to anonymization. The procedure of complete deletion of the account including personal data may take up to 30 days.



Article 20

In case of breaching any provisions of these Rules and Regulations, the User's Account may be blocked temporarily, permanently (Ban) or deleted. Blocking or deleting may be applied simultaneously to all of the User's Accounts.


Article 21

Accounts blocked pursuant to Article 20 cannot be deleted by the User.



Article 22

Accounts which have not been used for 6 months since the last logging in, may be deleted.


Article 23

In case of initiating the procedure indicated in Article 22, the User shall be informed about the intention of Account deletion by the Administrator of the Site. In case of non-opposition within 30 days, the Account is deleted.


Article 24

The User's death is tantamount to the termination of Agreement of the Site.


Article 25

Should circumstances described in Article 24 take place, the Account is blocked and deleted from the Site after 30 days since blocking.

Section V – User's Materials


Article 26

The User is fully accountable for the Materials placed on the Site, in particular photos, videos, texts and conversation content in Groups, on a forum or sent via Private Messages.


Article 27

The Site is by no means accountable for unauthorised use of Materials placed on the Site by third parties. The User assumes full responsibility.


Article 28

The Administrator is not accountable within boundaries of applicable provisions of the law and principles of social interaction for Materials shared and published on the Site by its Users, however the Administrator will undertake every effort to delete/block materials which infringe the Rules and Regulations.


Article 29

By accepting the Rules and Regulations the User declares that he or she has the right to all Materials which they post and place on the Site, as well as the consent to publish in case if there are third parties appearing in these Materials.


Article 30


The Site Administrator has the right to decrease/compress the User's Materials. The Administrator is not obliged to inform the User about this fact.


Article 31

The Site Administrator has the right to use the User's Materials in promotional content, in particular to use them in email notifications sent to other Users, to publish them on the fanpage at Sites such as Facebook, Instagram and YouTube.


Article 32

The Administrator has the right to verify the authenticity of Materials at any time by calling the User to send their up-to-date photo with a note in hand (reading their login and date), with a screen and visible Site's page in the background.



Article 33

Photos collected pursuant to Article 32 shall be used only for verification.


Article 34

Non-compliance with the Administrator's instruction pursuant to Article 32 will result in permanent or temporary blocking or deleting the Account.

Section VI – Services and Functions


Article 35

The User may activate a promotional package 'Star Club' for another User, they cannot, however, demand from an Endowed User any activity in return.


Article 36

During the registration to the Site, the Endowed User is informed about the activation of promotional package 'Star Club' by another User; he or she is also entitled to accept or reject its activation. Should the User reject the activation of the 'Star Club' promotional package, the package is activated on the account of the Giving User.


Article 37

Activating the 'Star Club' promotional package for another User is subject to the provisions of the Act of 28 July 1983 regarding taxes from inheritance and donations (consolidated text, Journal of Laws of 2018, item 644).


Article 38

The scope of access or the scope of providing Additional Functions included in the service Star Club, both existing and added in the future, may be changed by the Site Administrator at any time for important reasons. It also applies to adding and deleting particular Additional Functions. The changes mentioned above shall not breach the right acquired by Users.


Article 39

The 'Star Club' service is activated automatically after the money transfer has been delivered to the account of the Administrator or the confirmation of the transfer from the SMS Operator. Activation of the 'Star Club' service means the request of service provision before the lapse of waiver time (14 days). It is tantamount to User's losing the right to waive the agreement for the Star Club service. Should the User not commence the use of the paid functionality after the money transfer has been delivered to the Administrator's account, the User has the right to waive the agreement within 14 days, pursuant to Article 38, item 13 of the Act of 30 May 2014 on Consumer Rights (consolidated text, Journal of Laws of 2017, item 683, 2361, of 2018, item 650).


Article 40

Subscription service granting access to Star Club for 14 days.

The service consists in signing up for SMS MT subscription and obtaining access to Star Club every 14 days.

In order to activate the service, it is necessary to send SMS message, with a unique content for each user, given at the page: https://fotka.com/klubgwiazd/mt?days=14 to the number 60568

The charge for activation SMS message is 5 PLN net (6,15 PLN gross).

The message confirming activation of subscription will be delivered to your account every 14 days, with the following content:

Your account has been topped up with star package for another 2 weeks'.

In order to terminate the service it is necessary to send SMS message of the following content: STOP FOTKA to the number 60568.

Subscription is available with GSM mobile operators: Orange, Plus, Play.


Subscription service granting access to Star Club for 30 days.


The service consists in signing up for SMS MT subscription and obtaining access to Star Club every 30 days.

In order to activate the service, it is necessary to send SMS message, with a unique content for each user, given at the page: https://fotka.com/klubgwiazd/mt?days=30 to the number 60968

The charge for activation SMS message is 9 PLN net (11,07 PLN gross).

The message confirming activation of subscription will be delivered to your account every 30 days, with the following content:

Your account has been topped up with star package for another 30 days

In order to terminate the service it is necessary to send SMS message of the following content: STOP FOTKA to the number 60968.

Subscription is available with GSM mobile operators: Orange, Plus, Play.



Article 41

Subscription service granting access to Star Club for 30 days with the use of payment card.
The service consists in signing up for payment card subscription and obtaining access to Star Club every 30 days.
In order to activate the service, it is necessary to use activation form available in the tab 'Star Club subscription with a payment card' at https://fotka.com/ustawienia/platnosci by providing payment card information. The charge for every commenced period is 12 PLN.
Subscription status and renewal date can be checked in the tab Star Club Subscription at: https://fotka.com/klubgwiazd/subskrypcja .
Subscription can be terminated in the tab Star Club Subscription: https://fotka.com/klubgwiazd/subskrypcja and in the payment section in settings of your account: https://fotka.com/ustawienia/platnosci . Subscription is available for payment cards: Visa and MasterCard.
Entities responsible for payments are: Dotpay S.A, Wielicka 72, 30-552 Kraków and Autopay S.A, Powstańców Warszawy 6, 81-718 Sopot.



Article 42

Service granting access to Star Club for 30 days.

In order to activate the service of access to Star Club for 30 days, you should enter the web page: https://fotka.com/klubgwiazd and indicate your mobile phone operator, and then enter your phone number. To the provided phone number you will be sent SMS message with PIN code which should be entered at the web page. One-off fee for the Service activation is 16,99 PLN gross (13,81 PLN net). After successful completion of the steps described above, you will receive a message confirming the activation of access to Star Club on your account: 'Thank you for using the service of fotka.pl_Star Package 30 days, the cost: 16,99 PLN with VAT. Should you have any complaints, please contact MOBILTEK, reklamacje@mobiltek.pl', additionally this information will be also displayed at the web page. After the lapse of selected access period, the Star Club Service will be automatically switched off on your account and if you wish to activate it again, you should make the payment in a way described above. The Service is available with GSM mobile operators: T-MOBILE, Orange, Plus, Play.


Service granting access to Star Club for 90 days.

In order to activate the service of access to Star Club for 90 days, you should enter the web page: https://fotka.com/klubgwiazd and indicate your mobile phone operator, and then enter your phone number. To the provided phone number you will be sent SMS message with PIN code which should be entered at the web page. One-off fee for the Service activation is 31,00 PLN gross (25,20 PLN net). After successful completion of the steps described above, you will receive a message confirming the activation of access to Star Club on your account: 'Thank you for using the service of fotka.pl_Star Package 90 days, the cost: 31,00 PLN with VAT. Should you have any complaints, please contact MOBILTEK, reklamacje@mobiltek.pl', additionally this information will be also displayed at the web page. After the lapse of selected access period, the Star Club Service will be automatically switched off on your account and if you wish to activate it again, you should make the payment in a way described above. The Service is available with GSM mobile operators: T-MOBILE, Orange, Plus, Play.


Service granting access to Star Club for 180 days.

In order to activate the service of access to Star Club for 180 days, you should enter the web page: https://fotka.com/klubgwiazd and indicate your mobile phone operator, and then enter your phone number. To the provided phone number you will be sent SMS message with PIN code which should be entered at the web page. One-off fee for the Service activation is 47,00 PLN gross (38,21 PLN net). After successful completion of the steps described above, you will receive a message confirming the activation of access to Star Club on your account: 'Thank you for using the service of fotka.pl_Star Package 180 days, the cost: 47,00 PLN with VAT. Should you have any complaints, please contact MOBILTEK, reklamacje@mobiltek.pl', additionally this information will be also displayed at the web page. After the lapse of selected access period, the Star Club Service will be automatically switched off on your account and if you wish to activate it again, you should make the payment in a way described above. The Service is available with GSM mobile operators: T-MOBILE, Orange, Plus, Play.


Article 43

Webcams are a function of the Site allowing the Users to broadcast image and sound.


Article 44

Failure to comply with the Administrator's instructions pursuant to Article 32 or the breach of the provisions of these Rules and Regulations shall result in temporary or permanent blocking the account.


Article 45

Entities responsible for online payments are: Autopay S.A and Dotpay S.A.

platnosci online


Available forms of payment:
Payments cards:
    - Visa
    - Visa Electron
    - MasterCard
    - MasterCard Electronic
    - Maestro


In case of any reason making it necessary to return the amount paid in the transaction made by the client with a payment card, the Selling party shall return the amount to the bank account assigned to the payment card of the Ordering party.


In case where a client made the transaction by an online transfer, electronic payment or using a payment card, the order is executed immediately after receiving a positive authorisation of the payment.


A consumer who concluded agreement in distance or off-premises of the enterprise has the right to waive it without stating his or her reasons within 14 days.

Section VII - Complaints


Article 46

Any complaints should be reported via contact form or by email fotka@fotka.com

Section VIII – Final provisions


Article 47

These Rules and Regulations with appendices are available in their updated version at fotka.com/regulamin


Article 48

The entity operating the Service reserves the right to make changes to the Terms and Conditions for valid reasons, namely:

  1. caused by the need for changes in the technological, economic, or organizational aspect of operating the Service;
  2. caused by the need for changes in the structure or content of the Service or in the Service's offer;
  3. due to changes in the scope of services provided by the entity operating the Service, through modification, introduction of new, or withdrawal of existing functionalities or services covered by the Terms and Conditions;
  4. due to ensuring the security of information obtained or processed in connection with the provision of services covered by the Terms and Conditions;
  5. due to changes in universally applicable laws that affect the content of the Terms and Conditions, including rights and obligations arising from the Terms and Conditions or changes in the interpretation of these laws as a result of court judgments, decisions, orders, recommendations, guidelines issued by competent authorities or bodies;
  6. due to the necessity to adapt the Terms and Conditions to recommendations, orders, judgments, guidelines, or decisions issued by competent authorities or bodies in this area;
  7. due to the necessity to correct obvious errors or typographical errors or to fill in gaps or inconsistencies in the Terms and Conditions that cannot be removed by interpreting the provisions contained therein;
  8. due to a change of subcontractor(s).

The entity operating the Service informs Users about proposed changes to the Terms and Conditions no later than 30 days before the proposed date of their entry into force. If before the proposed date of entry into force of the changes to the Terms and Conditions, the User does not object to these changes to the entity operating the Service, it is assumed that the User has agreed to them. The User has the right, before the proposed date of entry into force of the changes to the Terms and Conditions, to terminate the Agreement with effect from the date of entry into force of the changes to the Terms and Conditions. The statement of termination of the Agreement should be made in electronic form, by sending a statement to the email address of the entity operating the Service: fotka@fotka.com, or in writing, to the registered office address of the entity operating the Service: Fotka sp. z o.o. sp.k., Władysława Orkana 24, 82-300 Elbląg. A statement of termination of the Agreement made in electronic form is considered to be made at the moment when it is entered into the electronic communication system in such a way that the entity operating the Service could become acquainted with its content. A statement of termination of the Agreement made in a form other than electronic is considered to be made at the moment of its effective delivery to the entity operating the Service. In the event of delivery of the statement to the entity operating the Service after the date of entry into force of the changes to the Terms and Conditions, the Agreement shall be terminated as of the date of delivery of the statement to the entity operating the Service. A change to the Terms and Conditions resulting from the expansion of the functionality of the Service, existing services, or the introduction of new services does not constitute a change entitling the User to terminate the Agreement, unless it adversely affects the principles of services provided under the concluded Agreement.


Appendices which constitute an integral part thereof:

Rules of the Fotka.com website

Rules for uploading photos, videos and other graphic content

Webcam Netiquette

Forum Rules

Chat Netiquette

Tips rules

Filtering with AI