Terms & Conditions
- Effective Date: April 15th, 2022
- Site Covered: bingewell.de
THE AGREEMENT: The use of this website and services on this
website provided by AI Poland Michał Wieczorek (hereinafter referred to as
"Company") are subject to the following Terms & Conditions (hereinafter the
"Agreement"), all parts and sub-parts of which are specifically incorporated
by reference here. This Agreement shall govern the use of all pages on this
website (hereinafter collectively referred to as "Website") and any services
provided by or on this Website ("Services").
The parties referred to in this Agreement shall be defined as follows:
Company, Us, We: The Company, as the creator, operator, and publisher of the
Website, makes the Website, and certain Services on it, available to users.
AI Poland Michał Wieczorek, Company, Us, We, Our, Ours and other
first-person pronouns will refer to the Company, as well as all employees
and affiliates of the Company.
You, the User, the Client: You, as the user of the Website, will be referred
to throughout this Agreement with second-person pronouns such as You, Your,
Yours, or as User or Client.
Parties: Collectively, the parties to this Agreement (the Company and You)
will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this
Agreement and that You agree to be bound by it. If You do not agree to be
bound by this Agreement, please leave the Website immediately. The Company
only agrees to provide use of this Website and Services to You if You assent
to this Agreement.
3) AGE RESTRICTION
You must be at least 13 (thirteen) years of age to use this Website or any
Services contained herein. By using this Website, You represent and warrant
that You are at least 13 years of age. The Company assumes no responsibility
or liability for any misrepresentation of Your age.
4) LICENSE TO USE WEBSITE
The Company may provide You with certain information as a result of Your use
of the Website or Services. Such information may include, but is not limited
to, documentation, data, or information developed by the Company, and other
materials which may assist in Your use of the Website or Services ("Company
Materials"). Subject to this Agreement, the Company grants You a
non-exclusive, limited, non-transferable and revocable license to use the
Company Materials solely in connection with Your use of the Website and
Services. The Company Materials may not be used for any other purpose, and
this license terminates upon Your cessation of use of the Website or Services
or at the termination of this Agreement.
5) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the
property of the Company, including all copyrights, trademarks, trade secrets,
patents, and other intellectual property ("Company IP"). You agree that the
Company owns all right, title and interest in and to the Company IP and that You
will not use the Company IP for any unlawful or infringing purpose. You agree
not to reproduce or distribute the Company IP in any way, including
electronically or via registration of any new trademarks, trade names, service
marks or Uniform Resource Locators (URLs), without express written permission
from the Company.
In order to make the Website and Services available to You, You hereby grant
the Company a royalty-free, non-exclusive, worldwide license to copy,
display, use, broadcast, transmit and make derivative works of any content
You publish, upload, or otherwise make available to the Website ("Your
Content"). The Company claims no further proprietary rights in Your Content.
If You feel that any of Your intellectual property rights have been
infringed or otherwise violated by the posting of information or media by
another of Our users, please contact Us and let Us know.
6) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with Us.
When You do so, You will choose a user identifier, which may be Your email
address or another term, as well as a password. You may also provide personal
information, including, but not limited to, Your name. You are responsible for
ensuring the accuracy of this information. This identifying information will
enable You to use the Website and Services. You must not share such
identifying information with any third party, and if You discover that Your
identifying information has been compromised, You agree to notify Us
immediately in writing. Email notification will suffice. You are responsible
for maintaining the safety and security of Your identifying information as
well as keeping Us apprised of any changes to Your identifying information.
Providing false or inaccurate information, or using the Website or Services to
further fraud or unlawful activity is grounds for immediate termination of
7) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any
purpose prohibited under this clause. You agree not to use the Website or
Services in any way that could damage the Website, Services, or general
business of the Company.
You further agree not to use the Website or Services:
To harass, abuse, or threaten others or otherwise violate any person's legal
To violate any intellectual property rights of the Company or any third
To upload or otherwise disseminate any computer viruses or other software
that may damage the property of another;
- To perpetrate any fraud;
To engage in or create any unlawful gambling, sweepstakes, or pyramid
- To publish or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate, or
discrimination towards any group;
- To unlawfully gather information about others.
8) AFFILIATE MARKETING & ADVERTISING
The Company, through the Website and Services, may engage in affiliate
marketing whereby the Company receives a commission on or percentage of the
sale of goods or services on or through the Website. The Company may also
accept advertising and sponsorships from commercial businesses or receive
other forms of advertising compensation. This disclosure is intended to comply
with the US Federal Trade Commission Rules on marketing and advertising, as
well as any other legal requirements which may apply.
9) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Us with certain
information. By using the Website or the Services, You authorize the Company to
use Your information in the United States and in Poland and any other country
where We may operate.
Information We May Collect or Receive: When You register for an account, You
provide Us with a valid email address and may provide Us with additional
information, such as Your name or billing information. Depending on how You
use Our Website or Services, We may also receive information from external
applications that You use to access Our Website, or We may receive
information through various web technologies, such as cookies, log files,
clear gifs, web beacons or others.
How We Use Information: We use the information gathered from You to ensure
Your continued good experience on Our website, including through email
communication. We may also track certain aspects of the passive information
received to improve Our marketing and analytics, and for this, We may work
with third-party providers.
How You Can Protect Your Information: If You would like to disable Our
access to any passive information We receive from the use of various
technologies, You may choose to disable cookies in Your web browser. Please
be aware that the Company will still receive information about You that You
have provided, such as Your email address.
10) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
Reverse engineer, or attempt to reverse engineer or disassemble any code or
software from or on the Website or Services;
Violate the security of the Website or Services through any unauthorized
access, circumvention of encryption or other security tools, data mining or
interference to any host, user or network.
11) DATA LOSS
The Company does not accept responsibility for the security of Your account or
content. You agree that Your use of the Website or Services is at Your own
You agree to defend and indemnify the Company and any of its affiliates (if
applicable) and hold Us harmless against any and all legal claims and demands,
including reasonable attorney's fees, which may arise from or relate to Your
use or misuse of the Website or Services, Your breach of this Agreement, or
Your conduct or actions. You agree that the Company shall be able to select
its own legal counsel and may participate in its own defense, if the Company
13) SPAM POLICY
You are strictly prohibited from using the Website or any of the Company's
Services for illegal spam activities, including gathering email addresses and
personal information from others or sending any mass commercial emails.
14) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites or other
services. You agree that the Company is not responsible or liable for any loss
or damage caused as a result of Your use of any third party services linked to
from Our Website.
15) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to You, modify
this Agreement. You agree that the Company has the right to modify this
Agreement or revise anything contained herein. You further agree that all
modifications to this Agreement are in full force and effect immediately upon
posting on the Website and that modifications or variations will replace any
prior version of this Agreement, unless prior versions are specifically referred
to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or
invalid by any court of law, You agree that the prior, effective version of
this Agreement shall be considered enforceable and valid to the fullest
You agree to routinely monitor this Agreement and refer to the Effective
Date posted at the top of this Agreement to note modifications or
variations. You further agree to clear Your cache when doing so to avoid
accessing a prior version of this Agreement. You agree that Your continued
use of the Website after any modifications to this Agreement is a
manifestation of Your continued assent to this Agreement.
In the event that You fail to monitor any modifications to or variations of
this Agreement, You agree that such failure shall be considered an
affirmative waiver of Your right to review the modified Agreement.
16) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with
respect to any and all use of this Website. This Agreement supersedes and
replaces all prior or contemporaneous agreements or understandings, written or
oral, regarding the use of this Website.
17) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to perform
maintenance or emergency services on a scheduled or unscheduled basis. You
agree that Your access to the Website may be affected by unanticipated or
unscheduled downtime, for any reason, but that the Company shall have no
liability for any damage or loss caused as a result of such downtime.
18) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for any reason,
with or without cause. The Company specifically reserves the right to
terminate this Agreement if You violate any of the terms outlined herein,
including, but not limited to, violating the intellectual property rights of
the Company or a third party, failing to comply with applicable laws or other
legal obligations, and/or publishing or distributing illegal material. If You
have registered for an account with Us, You may also terminate this Agreement
at any time by contacting Us and requesting termination. At the termination of
this Agreement, any provisions that would be expected to survive termination
by their nature shall remain in full force and effect.
19) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and
exclusive risk and that any Services provided by Us are on an "As Is" basis.
The Company hereby expressly disclaims any and all express or implied
warranties of any kind, including, but not limited to the implied warranty of
fitness for a particular purpose and the implied warranty of merchantability.
The Company makes no warranties that the Website or Services will meet Your
needs or that the Website or Services will be uninterrupted, error-free, or
secure. The Company also makes no warranties as to the reliability or accuracy
of any information on the Website or obtained through the Services. You agree
that any damage that may occur to You, through Your computer system, or as a
result of loss of Your data from Your use of the Website or Services is Your
sole responsibility and that the Company is not liable for any such damage or
20) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as a result of
Your use of the Website or Services, to the fullest extent permitted by law.
The maximum liability of the Company arising from or relating to this
Agreement is limited to the greater of one hundred ($100) US Dollars or the
amount You paid to the Company in the last six (6) months. This section
applies to any and all claims by You, including, but not limited to, lost
profits or revenues, consequential or punitive damages, negligence, strict
liability, fraud, or torts of any kind.
21) GENERAL PROVISIONS:
LANGUAGE: All communications made or notices given pursuant
to this Agreement shall be in the English language.
JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of
the Website or Services, You agree that the laws of the Republic of Poland
shall govern any matter or dispute relating to or arising out of this
Agreement, as well as any dispute of any kind that may arise between You and
the Compan. The Parties agree that this choice of law, venue, and
jurisdiction provision is not permissive, but rather mandatory in nature.
You hereby waive the right to any objection of venue, including assertion of
the doctrine of forum non conveniens or similar doctrine.
ARBITRATION: In case of a dispute between the Parties
relating to or arising out of this Agreement, the Parties shall first
attempt to resolve the dispute personally and in good faith. If these
personal resolution attempts fail, the Parties shall then submit the dispute
to binding arbitration. The arbitration shall be conducted in the Republic
of Poland. The arbitration shall be conducted by a single arbitrator, and
such arbitrator shall have no authority to add Parties, vary the provisions
of this Agreement, award punitive damages, or certify a class. The
arbitrator shall be bound by applicable and governing law of the Republic of
Poland. Each Party shall pay their own costs and fees. Claims necessitating
arbitration under this section include, but are not limited to: contract
claims, tort claims, ordinances, statutes or regulations. Intellectual
property claims by the Company will not be subject to arbitration and may,
as an exception to this sub-part, be litigated. The Parties, in agreement
with this sub-part of this Agreement, waive any rights they may have to a
jury trial in regard to arbitral claims.
ASSIGNMENT: This Agreement, or the rights granted
hereunder, may not be assigned, sold, leased or otherwise transferred in
whole or part by You. Should this Agreement, or the rights granted
hereunder, by assigned, sold, leased or otherwise transferred by the
Company, the rights and liabilities of the Company will bind and inure to
any assignees, administrators, successors, and executors.
SEVERABILITY: If any part or sub-part of this Agreement is
held invalid or unenforceable by a court of law or competent arbitrator, the
remaining parts and sub-parts will be enforced to the maximum extent
possible. In such condition, the remainder of this Agreement shall continue
in full force.
NO WAIVER: In the event that We fail to enforce any
provision of this Agreement, this shall not constitute a waiver of any
future enforcement of that provision or of any other provision. Waiver of
any part or sub-part of this Agreement will not constitute a waiver of any
other part or sub-part.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and
sub-parts under this Agreement are for convenience and organization, only.
Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency,
partnership, or joint venture has been created between the Parties as a
result of this Agreement. No Party has any authority to bind the other to
FORCE MAJEURE: The Company is not liable for any failure to
perform due to causes beyond its reasonable control including, but not
limited to, acts of God, acts of civil authorities, acts of military
authorities, riots, embargoes, acts of nature and natural disasters, and
other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic
communications are permitted to both Parties under this Agreement, including
e-mail. For any questions or concerns, please email Us at the following