ReputoNode Terms of Service
Chapter 1
General provisions
§ 1. ReputoNode
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ReputoNode is a multilingual social networking portal available at https://reputonode.com, hereinafter referred to as “ReputoNode” or the “Portal”.
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ReputoNode enables, in particular:
- creating and maintaining an Account and a public Profile;
- publishing and viewing Posts;
- saving Drafts;
- publishing and viewing Comments and Replies;
- posting photos, videos, text, links and other materials supported by the Portal;
- assigning Posts to thematic Categories;
- specifying a Location and Publication Scope;
- following other Users;
- rating Content using R+ and R− Reactions;
- building and displaying Users’ Topic Reputation in individual Categories;
- reporting Content and conduct that may violate the law, the Terms or the Community Standards.
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Reputation displayed in ReputoNode is assigned to individual Categories and results from Reactions to Content published by the User. ReputoNode is not intended to assign one overall rating to a person.
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The detailed scope of services available in ReputoNode and the rules for using individual functions are set out in the further provisions of the Terms.
§ 2. Subject matter of the Terms
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These Terms set out the rules for the provision of electronic services through ReputoNode, including:
- the types and scope of services provided;
- the technical conditions for using the Portal;
- the rules for creating, maintaining, securing and deleting an Account;
- the rights and obligations of Users and the Service Provider;
- the rules for publishing, storing, making available and deleting Content;
- the rules for using R+ and R− Reactions and the operation of Topic Reputation;
- the rules for moderating Content and Accounts;
- the procedure for reporting Illegal Content and other violations;
- the rules for making Moderation Decisions and appealing against such decisions;
- the rules governing the liability of the User and the Service Provider;
- the procedure for submitting and handling complaints;
- the rules for terminating the Agreement and ceasing use of the Portal;
- the rules for amending the Terms.
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The Terms are made available free of charge before the Agreement is concluded, in a manner that enables them to be obtained, saved, reproduced and retained.
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The User may review the current Terms at any time through the Portal.
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Use of ReputoNode requires compliance with:
- applicable law;
- these Terms;
- the Community Standards;
- rules applicable to particular functions of the Portal, where such rules have been clearly made available to the User before the User uses the relevant function.
§ 3. Persons using the Portal
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Public parts of ReputoNode may be viewed without creating an Account and without logging in.
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A person using the Portal without being logged in may, in particular:
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access the Portal’s home page;
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view public Posts;
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open public User Profiles;
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read Comments and Replies;
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view information about Users’ Topic Reputation.
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Use without logging in does not, in particular, allow a person to:
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publish Posts;
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save Drafts;
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publish Comments or Replies;
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submit R+ or R− Reactions;
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follow Users;
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use other functions intended exclusively for Account holders.
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A person viewing public parts of the Portal without an Account must comply with those provisions of the Terms that relate to the manner of using the Portal, security, prohibited activities, rights to Content and liability.
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Full use of ReputoNode’s social features requires creating an Account and logging in.
§ 4. Conclusion of the Agreement
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The Agreement is concluded between the User and the Service Provider upon proper confirmation of the e-mail address and activation of the Account, after the User has first:
- provided the data required in the registration form;
- accepted the Terms;
- confirmed having read the Privacy Policy;
- made the required declarations;
- met the remaining registration requirements set out in the Terms.
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Acceptance of the Terms is voluntary, but is necessary to complete registration, activate the Account, conclude the Agreement and use functions available to logged-in Users.
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The User should read the Terms before accepting them.
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By accepting the Terms, the User confirms that the User:
- has read their content;
- understands the rules for using ReputoNode;
- undertakes to comply with the Terms and the Community Standards.
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Detailed rules concerning registration, e-mail address verification, Account maintenance and logging in are set out in the further Chapters of the Terms.
§ 5. Community Standards
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The ReputoNode Community Standards form an integral part of the Terms.
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The Community Standards specify, in particular:
- types of Content and conduct prohibited in ReputoNode;
- rules for responsible publication and rating of Content;
- rules for preventing harassment, violence, discrimination, fraud, spam and other abuses;
- rules for preventing manipulation of R+, R− Reactions and Topic Reputation;
- possible measures taken in the event of a breach of the Portal rules.
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Acceptance of the Terms also covers the Community Standards in the version made available to the User before conclusion of the Agreement.
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In the event of a conflict between the Terms and the Community Standards, the Terms prevail.
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The Community Standards are made available free of charge in a manner that enables them to be saved, reproduced and retained.
§ 6. Privacy Policy
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The rules governing the processing of personal data in connection with the use of ReputoNode are described in a separate Privacy Policy.
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The Privacy Policy does not form an integral part of the Terms and is provided for information purposes.
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Confirmation that the User has read the Privacy Policy does not constitute general consent to all personal-data processing operations.
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Where a specific processing activity requires the User’s consent, such consent will be obtained separately in a manner enabling the User to make a voluntary and informed decision.
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Refusal to grant, or withdrawal of, consent to personal-data processing based on consent does not prevent the use of the Portal’s basic functions, unless the relevant processing is necessary to provide a specific additional function selected by the User.
§ 7. Language versions
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The Terms may be made available in different language versions.
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The Polish version of the Terms is the source version.
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Other language versions are translations of the Polish version and should preserve the same legal meaning.
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In the event of discrepancies between the Polish version of the Terms and a translation, the Polish version forms the basis for interpretation, subject to mandatory provisions of law protecting the User, in particular provisions applicable to consumers.
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The User may review the Terms in any language version made available in the Portal.
§ 8. Version and effective date of the Terms
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The Terms apply from:
<uzupełnij>[DATA WEJŚCIA W ŻYCIE REGULAMINU]. -
Version number of the Terms: 1.0.
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The current version of the Terms is publicly available in the Portal free of charge.
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The rules for amending the Terms, informing Users of changes and cases requiring renewed acceptance are set out in Chapter 21.
Chapter 2
Definitions
§ 9. Definitions
Whenever the following capitalised terms are used in the Terms, they have the meanings set out below:
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ReputoNode or the Portal – the multilingual social networking portal available at https://reputonode.com through which the services described in the Terms are provided.
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Service Provider – the entity operating ReputoNode and providing electronic services through it, whose full details are specified in Chapter 3.
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Visitor – a person using the publicly available part of the Portal without having an Account or without being logged in to an Account.
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User – a natural person, legal person or organisational unit for whom an Account has been created and who has concluded the Agreement with the Service Provider.
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Where an Account is created or maintained on behalf of an entrepreneur, legal person, organisational unit, company, organisation, institution or other entity, the represented entity is the User, and activities relating to the Account are carried out on its behalf by an authorised natural person.
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Account – a separate part of the Portal created for a User, enabling use of functions requiring registration and login, identified in particular by a username and authentication data.
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Profile – the publicly available part of the Account through which information made available by the User is presented, in particular the User’s name, avatar, description, voluntarily provided Location, published Content and Topic Reputation.
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Information placed by the User in the public part of the Profile is also available to Visitors. Contact details marked as non-public are not displayed in the public part of the Profile.
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Username – the unique designation of the Account visible in the Portal. A Username may contain real data, a pseudonym, the name of a company or organisation, or another chosen designation, subject to the prohibition on impersonating other persons or entities and on violating the law, third-party rights, accepted standards of conduct and the Community Standards.
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Content – any information or material posted, uploaded, saved or otherwise made available by a User through the Portal, including in particular:
- a Post;
- a Draft;
- a Comment;
- a Reply;
- Media;
- a link;
- a Username;
- an avatar;
- a description and other information included in the Profile;
- Location information;
- other data or materials made available using Portal functions.
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Public Content – Content published in the Portal and available to Users and Visitors, in particular a Post, Comment, Reply or public Profile element.
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Post – public Content published by a User, containing a title, Post Type, exactly one Category, a Location or the default global Publication Scope, and at least one element of substantive Content, in particular text, Media or a link.
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Post Type – a designation indicating the nature of a published Post. ReputoNode uses the following Post Types:
- MAKES;
- SHARE;
- KNOW_HOW;
- VOICE.
The meaning of individual Post Types and their possible impact on Topic Reputation are set out in the further provisions of the Terms.
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Draft – unpublished Content saved in the User’s Account, visible only to that User and having no effect on Topic Reputation. A Draft may later be published as a Post, modified or deleted.
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Comment – a public statement by a User posted directly under a Post.
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Reply – a public statement by a User posted in reply to a Comment.
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ReputoNode uses a two-level discussion structure. A User may reply to a Comment, but may not create another level of reply directly responding to a Reply.
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Medium or Media – graphic, photographic, animated, audio, video or audiovisual material posted through the Portal, regardless of its technical format, provided that the format is supported by ReputoNode.
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Audiovisual material remains video or audiovisual Media even where its visual layer is uniform, invisible or contains no material content and the essential part of the material is audio.
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Thematic Category or Category – a subject area assigned to a Post, within which the effect of Reactions submitted on that Post and on related Comments and Replies is taken into account in the Topic Reputation of the authors of the rated Content.
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Location – information voluntarily provided by the User about a place associated with a Profile or Post, which may indicate, in particular, an exact place, address, point, area, city, region, country or continent.
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A Location included in a Profile or assigned to a published Post is public information and may also be visible to Visitors.
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Publication Scope – a geographical level specified by the User in connection with a Post or Profile, indicating the area to which the Content relates or for which it may be particularly relevant.
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Publication Scope may have one of the following levels:
- point;
- local;
- city;
- regional;
- national;
- continental;
- global.
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If the User does not specify a Location or another limited Publication Scope, the Post or Profile is treated as global.
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R+ Reaction – a positive Reaction submitted by a logged-in User on specific Content of another User.
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R− Reaction – a negative Reaction submitted by a logged-in User on specific Content of another User.
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R+ and R− Reactions may apply to Posts, Comments and Replies. A User may not submit Reactions to the User’s own Content.
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Topic Reputation – a score calculated by ReputoNode and assigned to a User in a particular Category, affected by Reactions submitted on the User’s Posts assigned to that Category and on the User’s Comments and Replies posted under Posts assigned to that Category.
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Topic Reputation is not a simple sum of the number of R+ and R− Reactions. Its calculation may take into account, in particular:
- the type and direction of the Reaction;
- the weight of the Reaction resulting from the Topic Reputation of the User submitting the Reaction;
- the Post Type, including the MAKES, SHARE, KNOW_HOW or VOICE designation;
- the type of Content being rated;
- mechanisms designed to detect and limit manipulation;
- other rules described in Chapter 12.
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Topic Reputation does not constitute one overall rating of a person, confirmation of professional qualifications, or a guarantee of the truthfulness, reliability or correctness of all statements made by that person.
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Following – a function enabling a User to follow another User, publicly disclose that relationship on the following list and filter Content published by followed persons. Following may in the future be taken into account in ordering, recommending or personalising Content in accordance with the Terms.
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The list of Users followed by a given User is public. The Portal does not make available a public list of persons following a given User, nor separate counts of following and followers.
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Report – information submitted to the Service Provider concerning Content, an Account or conduct that, in the reporting person’s opinion, may violate the law, the Terms or the Community Standards.
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Reports concerning Illegal Content may be submitted using the electronic mechanism available in the Portal. Reports may also be submitted by e-mail to the relevant address indicated in the Terms, in accordance with the rules of Chapter 13.
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Moderation – actions taken by the Service Provider to detect, identify, assess and address Illegal Content or information that does not comply with the Terms or the Community Standards, including actions affecting the availability or visibility of Content and the ability to use an Account.
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Moderator – the Service Provider or a natural person expressly authorised by the Service Provider to conduct Moderation. As at the effective date of this version of the Terms, Moderation is conducted directly by the Service Provider.
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Moderation Decision – a decision made by the Service Provider as a result of Moderation, which may include in particular:
- leaving Content unchanged;
- changing the Post Type or Post Category;
- removing part of Content, a link, Medium or the entire Content;
- limiting the visibility of Content;
- issuing a warning to the User;
- temporarily restricting specific Account functions;
- temporarily or permanently blocking the Account;
- correcting Reactions or Reputation;
- taking another proportionate measure provided for in the Terms.
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The Service Provider may change the Post Type or its Category without the author’s prior consent if, on the basis of the content of the Post and the circumstances of the case, the Service Provider determines that the designation selected by the author does not correspond to the actual nature or main subject of the Post. The Post may remain published after such a change, and its author will be informed of the action taken.
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Community Standards – a document setting out detailed rules for publishing Content and conduct in ReputoNode, types of prohibited Content and activities, rules for using R+ and R− Reactions, and possible measures taken in the event of violations. The Community Standards form an integral part of the Terms.
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Privacy Policy – a separate document providing information about the rules governing the processing of personal data in connection with the use of ReputoNode. The Privacy Policy does not form an integral part of the Terms.
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Terms – these terms governing the provision of electronic services through ReputoNode, including the Community Standards, which form an integral part of them.
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Agreement – the agreement for the provision of electronic services concluded between the User and the Service Provider in accordance with the Terms.
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Consumer – a natural person entering into a legal transaction with the Service Provider that is not directly related to that person’s business or professional activity, to the extent arising from applicable law.
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Professional User – a User using ReputoNode in connection with business, professional, organisational or institutional activities, to the extent arising from the actual nature of the use of the Portal and applicable law.
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Illegal Content – information that, in itself or by reference to an activity, including the sale of products or provision of services, is not in compliance with European Union law or the law of a Member State that is in compliance with European Union law, irrespective of the subject matter or nature of that law.
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Terms not defined in this Chapter are to be understood in accordance with their meaning arising from the remaining provisions of the Terms, applicable law and the ordinary meaning of the relevant term.
Chapter 3
Service Provider details and contact
§ 10. Service Provider details
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The Service Provider operating ReputoNode and providing electronic services through it is:
Damian Urbański
a natural person not conducting business activity. -
Address details of the Service Provider required for publication:
[[UZUPEŁNIJ: finalne dane adresowe Administratora / Usługodawcy wymagane do publikacji]]
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The Service Provider’s place of residence and the country from which the Portal is operated is Poland.
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The Service Provider’s primary e-mail address is: contact@reputonode.com.
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The Service Provider’s current identification and contact details are available in the Portal in a manner that makes them easy to access directly.
§ 11. Contacting the Service Provider
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The primary method of contacting the Service Provider is e-mail.
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The following addresses are used for contact:
- contact@reputonode.com – general contact and complaints concerning the operation of the Portal;
- legal@reputonode.com – Reports, rights infringements, Moderation matters and appeals against Moderation Decisions;
- privacy@reputonode.com – questions, requests and demands concerning personal data;
- security@reputonode.com – Account or Portal security issues and vulnerability reports.
[[KONTROLA PRZED PUBLIKACJĄ: potwierdź aktywność i regularną obsługę adresów contact@reputonode.com, legal@reputonode.com, privacy@reputonode.com i security@reputonode.com; usuń ten znacznik po weryfikacji.]]
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To facilitate message handling, a person contacting the Service Provider should indicate the type of matter in the message subject, in particular:
- “Contact”;
- “Complaint”;
- “Content report”;
- “Appeal against a decision”;
- “Personal data”;
- “Security”.
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Failure to use the appropriate designation or sending the message to another of the listed addresses does not automatically result in the message being left unexamined, but may extend the time required to assign the matter correctly.
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Messages addressed to the Service Provider should contain information sufficient to understand the matter and provide a response. Depending on the type of matter, additional data specified in further Chapters of the Terms may be required.
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The Service Provider may ask the sender to supplement the information if, without it, consideration of the matter would be impossible or materially hindered.
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Messages should be sent from an e-mail address that enables receipt of a response, unless the Terms or applicable law allow an anonymous report.
§ 12. Traditional correspondence
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Correspondence in paper form may be sent to:
Damian Urbański
[[UZUPEŁNIJ: finalne dane adresowe Administratora / Usługodawcy wymagane do publikacji]] -
Use of traditional correspondence is not required where the Terms allow the relevant matter to be handled by e-mail.
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In traditional correspondence, the sender should provide an address to which a response can be sent or indicate an e-mail address to which the response may be sent.
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Detailed rules for submitting complaints, Reports and appeals are set out in the relevant Chapters of the Terms.
§ 13. Electronic points of contact
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The address legal@reputonode.com constitutes an electronic point of contact for Users, Visitors and other persons contacting the Service Provider in matters relating to the Terms, Moderation and Illegal Content.
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The same address constitutes an electronic point of contact for communication with competent public authorities, the European Commission, the European Board for Digital Services and other authorised entities, unless applicable law requires the use of a separate communication channel.
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Communication through the electronic point of contact may take place in Polish or English.
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The Service Provider ensures regular monitoring of the indicated e-mail address.
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The Service Provider may in the future create separate e-mail addresses for particular types of matters. A change in the organisation of contact addresses that does not limit the ability to contact the Service Provider does not in itself constitute a change to the terms of the Agreement.
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Current contact addresses are always made available in the Portal.
§ 14. Contact regarding personal data
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The Service Provider is the controller of personal data processed in connection with the operation of ReputoNode, to the extent specified in the Privacy Policy.
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Questions, applications and requests concerning personal data may be sent to privacy@reputonode.com.
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It is recommended to include the designation “Personal data” in the subject of the message.
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The Service Provider may take reasonable measures to verify the identity of the person making a request where this is necessary to protect data against disclosure or alteration by an unauthorised person.
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Detailed information on personal-data processing and the exercise of rights relating to such processing is provided in the Privacy Policy.
Chapter 4
Types and scope of ReputoNode services
§ 15. General scope of services
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The Service Provider provides electronic services through ReputoNode consisting, in particular, of:
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making public Content posted in the Portal available;
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enabling the creation and maintenance of Accounts and public Profiles;
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enabling the publication of Posts, Comments and Replies;
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enabling Drafts to be saved;
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enabling Media and links supported by the Portal to be posted;
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organising Posts according to their type, Thematic Category, Location and Publication Scope;
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enabling R+ and R− Reactions to be submitted;
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calculating and publicly displaying Topic Reputation;
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enabling Users to follow other Users;
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providing mechanisms for searching, sorting and filtering public Content;
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making Content available in different language versions;
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enabling the reporting of Content, Accounts and conduct that may violate the law, the Terms or the Community Standards;
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enabling appeals against Moderation Decisions;
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enabling Account management, including requesting Account deletion and cancelling such a request within the prescribed period.
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Detailed rules for using individual services and functions are set out in the further provisions of the Terms.
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The scope of functions available at a given time may depend on:
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having an Account and being logged in;
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Account activation;
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the technical version of the Portal;
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the device, browser or operating system;
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the language selected by the person using the Portal;
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restrictions imposed on the Account in accordance with the Terms;
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temporary unavailability of a particular function.
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§ 16. Services available without an Account
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Public parts of ReputoNode are available without creating an Account and without logging in.
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A Visitor may, in particular:
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open the Portal’s home page;
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browse the public Post feed;
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open and view public Posts;
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view public User Profiles;
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read public Comments and Replies;
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view Users’ public activity;
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view public Topic Reputation;
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view public information about followed Users to the extent made available by the Portal;
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use available search, filtering and sorting mechanisms;
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change the display language of the Portal and Content;
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review the Terms, Privacy Policy, Community Standards and other public information of the Portal;
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submit Reports to the Service Provider through the designated contact channel.
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The search engine and filters for public Content operate under the same general rules for Visitors and logged-in Users, except for functions based on data from a specific Account, such as filtering Content originating from followed Users.
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Use without an Account does not, in particular, allow a person to:
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publish Posts;
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save Drafts;
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publish Comments and Replies;
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submit R+ or R− Reactions;
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follow Users;
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maintain a Profile;
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use other functions requiring authentication.
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§ 17. Services available to logged-in Users
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A User with an active Account who is logged in to the Portal may, subject to restrictions arising from the Terms:
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maintain and update a public Profile;
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publish Posts;
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save and store Drafts;
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publish Comments under Posts;
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publish Replies to Comments;
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add Media and links supported by the Portal to Posts;
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select a Post Type and Thematic Category;
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specify a Location and Publication Scope;
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submit R+ and R− Reactions to Content of other Users;
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build Topic Reputation based on the reception of the User’s Content;
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follow other Users;
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use a filter allowing Content of followed Users to be displayed;
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delete the User’s own Posts;
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manage Account data and settings to the extent made available by the Portal;
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report Content, Accounts and conduct;
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appeal against Moderation Decisions concerning the User’s Account or Content;
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request deletion of the Account and cancel the request during the waiting period.
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Creation of an Account does not depend on having prior Topic Reputation.
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A User with zero Topic Reputation may publish Posts, Comments and Replies and use other functions unless access to them has been restricted in accordance with the Terms.
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Account activation requires proper confirmation of the e-mail address in accordance with the registration process described in the Terms.
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Posts, Comments and Replies are not normally subject to approval by the Service Provider before publication.
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Content becomes public immediately after it has been properly published, unless:
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a technical error occurs;
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the Content is held or restricted for security reasons;
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the User’s Account is subject to a restriction;
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applicable law or a decision of an authorised authority requires otherwise.
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The absence of pre-publication review does not limit the Service Provider’s right to conduct subsequent Moderation.
§ 18. Public Profile
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The User’s Profile is public and may also be viewed by Visitors.
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Depending on the information made available by the User and the functions available in the Portal, the Profile may display, in particular:
- display name;
- Username;
- avatar;
- voluntarily provided Location;
- date of joining the Portal;
- Content language or language selected by the User;
- Profile description;
- public contact details and links;
- activity statistics;
- published Posts;
- published Comments;
- published Replies;
- Topic Reputation in individual Categories;
- public information about followed Users;
- other public information made available as part of Profile functions.
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The User may change, in particular:
- display name;
- avatar;
- Profile description;
- Profile Location;
- contact details and links.
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The Username cannot be changed independently after the Account is created, except where the Service Provider changes it in accordance with the Terms.
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Information about published Posts, Comments, Replies, Topic Reputation and followed Users reflects the current state of the Portal’s data and is not a freely editable description of the User.
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Drafts are not visible to other Users or Visitors. If they are displayed to the author in the activity section of the author’s own Profile, they remain visible only to that author.
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The User separately decides which of the contact details and links provided by the User are to be publicly visible, to the extent supported by the Portal settings.
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By making contact details public, the User should be aware that they may be read and used by persons outside ReputoNode.
§ 19. Contact details and links in the Profile
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A User may include supported contact details and links to external services in the Profile, in particular links to social and professional profiles.
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The User independently decides whether a given contact detail or link will be made public.
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ReputoNode does not normally verify whether the indicated account, profile, address or other contact channel actually belongs to the User.
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The User is responsible for the accuracy, currency and lawfulness of the contact details and links made available.
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The Service Provider is not responsible for:
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the availability or operation of an external service;
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content published in an external service;
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data-processing rules applied by the operator of an external service;
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actions taken by the User or another person outside ReputoNode.
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The Service Provider may remove or block a public link if it leads to content that is illegal, dangerous, fraudulent, contrary to the Terms or Community Standards, or capable of endangering the security of Users or the Portal.
§ 20. Publishing and editing Content
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The User independently decides whether to publish a Post, Comment or Reply.
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Once published:
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a Post cannot be edited;
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a Comment cannot be edited;
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a Reply cannot be edited.
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Before publishing Content, the User should check its content, accuracy, assigned Category, Post Type, Location, Publication Scope and attached Media and links.
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The inability to edit published Content does not limit the Service Provider’s rights to:
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change the Category of a Post;
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change the Post Type;
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remove or restrict Content in accordance with the Terms;
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make technical changes that do not affect the substantive meaning of Content where necessary for its proper display or to secure the Portal.
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§ 21. Deleting Posts, Comments and Replies
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A User may independently delete the User’s own Post using the function available in the Portal.
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A deleted Post:
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ceases to be visible in the public feed;
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is no longer presented as available Content of the author;
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cannot be read in its original form through the public Post page.
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If Comments or Replies were published under a deleted Post, the Post page may remain available at its existing address in order to preserve the public discussion.
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In place of the deleted Post Content, the Portal displays information that it was deleted by the author and may display the deletion date.
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Comments and Replies posted under a deleted Post remain publicly available and continue to be attributed to their authors, unless they are removed or restricted by the Service Provider under applicable law, the Terms or the Community Standards.
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A User cannot independently delete a published Comment or Reply using the Portal’s standard functions.
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The absence of a function enabling the independent deletion of Comments and Replies does not exclude the possibility of:
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reporting Content that violates the law or the rights of an interested person;
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submitting a duly justified request to the Service Provider;
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exercising rights arising under personal-data protection law;
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removal or restriction of Content by the Service Provider as part of Moderation.
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Deletion of an Account does not necessarily result in deletion of published Posts, Comments and Replies. Detailed rules concerning further storage and anonymisation of Content are set out in the Chapter concerning Account deletion.
§ 22. Drafts
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A Draft is saved manually by the User.
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ReputoNode does not provide automatic saving of Content being prepared before the User uses the save Draft function.
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The User should save a Draft before leaving the Post creation form if the User wishes to retain the Content being prepared.
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A Draft:
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is visible only to its author;
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does not constitute Public Content;
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is not subject to R+ or R− Reactions;
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does not affect Topic Reputation;
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may be modified before publication;
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may be published as a Post;
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may be manually deleted by the author.
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A Draft is stored until it is published or deleted by the author, subject to:
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deletion of the Account;
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failure or loss of data;
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the need to delete data arising from applicable law;
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discontinuation of the relevant function in accordance with the Terms.
-
-
The Service Provider does not guarantee storage of Drafts as an archival service or the creation of a backup copy of the User’s materials.
§ 23. Media and supported formats
-
ReputoNode allows selected types of Media to be included in Posts in formats supported by the Portal.
-
As at the effective date of this version of the Terms, the Portal supports the following image formats:
- PNG;
- JPG;
- JPEG;
- WEBP.
-
The Portal supports the following video file formats:
- MP4;
- MOV;
- AVI;
- MKV;
- HEVC;
- WEBM.
-
A video file may contain video and audio, or primarily an audio track, provided that technically it remains a file in a supported video format.
-
ReputoNode does not currently provide a function for uploading standalone audio files or documents such as PDF files, unless the Portal interface clearly indicates otherwise.
-
The current catalogue of supported formats, file-size limits and other technical requirements may be indicated directly in the publishing form.
-
The Service Provider may change the catalogue of supported formats for technical, security, compliance or Portal-development reasons.
-
The Portal may technically process Media, in particular by converting, compressing, resizing, optimising or creating a thumbnail. The rules governing such operations are set out in particular in Chapters 10 and 11.
§ 24. Links in Content
-
A User may add an external link to a Post as an element of the Post Content.
-
A link added to a Post using the function provided for that purpose may be an active, clickable link.
-
A character string corresponding to an internet address may also be entered in other text fields, including a Comment or Reply.
-
An address entered in a field that does not support active links may be displayed only as plain text and may need to be copied manually by a person wishing to open the website.
-
Merely entering an internet address in a text field does not mean that ReputoNode:
-
will check the destination website;
-
will confirm its security;
-
will guarantee its availability;
-
will consider the website’s content compliant with applicable law or the Terms.
-
-
The rules governing liability for posted links and the possibility of their removal are set out in the further provisions of the Terms.
§ 25. Location and Publication Scope
-
The default Publication Scope of a Profile and Post is global.
-
The User may voluntarily indicate a more specific Location or Publication Scope, in particular a point, area, city, region, country or continent.
-
A Location may be assigned:
-
to a Profile;
-
to a Post of any type.
-
-
Indicating a Location does not restrict the public availability of a Post.
-
A Post marked as local, city-level, regional, national or continental may still be viewed by any User and Visitor regardless of where that person is located.
-
Location and Publication Scope are used primarily for:
-
describing the geographical context of Content;
-
filtering Posts by persons using the Portal;
-
organising and searching Content.
-
-
Location does not currently automatically affect the order of Posts in the basic feed, except where the person using the Portal applies the relevant filter independently.
-
The Service Provider may in the future use Location as one of the parameters for ordering or recommending Content, provided that such a function is clearly described in advance and the rules set out in the Terms and Privacy Policy are respected.
§ 26. Feed, search and filtering
-
The basic ReputoNode feed presents Posts chronologically, starting with the newest.
-
As at the effective date of this version of the Terms, the basic feed does not use an advanced algorithm recommending Content on the basis of a User interest profile.
-
A User or Visitor may use available filters, in particular filters relating to:
- Category;
- Location or Publication Scope;
- Post Type;
- author Reputation;
- publication date;
- text appearing in the original Post title or in a stored translation of the title;
- other parameters made available in the Portal interface.
-
A logged-in User may apply a filter that displays Content published by followed Users.
-
The Portal does not currently provide a separate filter by Content language.
-
Following a User does not currently automatically give that User’s Content higher priority in the basic feed.
-
The Service Provider may in the future introduce additional ways of ordering or recommending Content. Material changes affecting the manner in which the Portal is used are introduced in accordance with the Terms.
§ 27. Translation of Content
-
ReputoNode is a multilingual Portal and may provide automatic translations of Posts, Comments, Replies and other textual Content.
-
Content is stored in the language in which it was published by the author as its original version.
-
After another language is selected, the Portal may:
- have the Content automatically translated by an external translation-service provider;
- perform the translation using a model or system operated by the Service Provider;
- retrieve a previously prepared language version from the database without performing the translation again.
-
Translated Content may be stored in the Portal database and made available again to persons selecting the same language.
-
A missing language version may be prepared while the Content is being displayed or later as part of periodic completion of translations.
-
Translation is performed automatically and does not constitute an authorised translation prepared or approved by the author of the Content.
-
Automatic translation may contain errors, simplifications or inaccuracies, or may fail to reflect correctly:
- the context of a statement;
- specialist terminology;
- irony, humour or wordplay;
- regional meanings of expressions;
- the author’s intention.
-
In the event of a discrepancy between the original Content and its automatic translation, the Content in the original language is regarded as the author’s proper statement.
-
A User should not base decisions that may materially affect health, safety, finances, rights or obligations solely on an automatic translation of Content.
-
The Service Provider does not guarantee that a translation will be error-free or fully consistent with the original version. This provision does not exclude the Service Provider’s liability to the extent that it cannot be excluded under applicable law.
-
The rules governing the transfer of Content to translation-service providers and the related processing of data are described in the Privacy Policy.
§ 28. Reactions and Topic Reputation
-
A logged-in User may submit an R+ or R− Reaction to a Post, Comment or Reply of another User.
-
A User may not submit Reactions to the User’s own Content.
-
A submitted Reaction cannot be withdrawn or changed using the Portal’s standard functions.
-
Before submitting a Reaction, the User should check its direction because the User’s choice will affect the Topic Reputation of the author of the Content.
-
Topic Reputation is calculated automatically and displayed publicly as a permanent element of ReputoNode.
-
A User may not:
-
disable receipt of Reactions on the User’s public Content;
-
hide the User’s Topic Reputation;
-
opt out of the User’s published Content participating in the Topic Reputation system while keeping such Content publicly available in the Portal.
-
-
Detailed rules concerning Reactions, Topic Reputation and the prevention of manipulation are set out in further Chapters of the Terms.
§ 29. Following Users
-
A logged-in User may follow other Users and stop following them.
-
Following makes it possible, in particular, to apply a filter showing Content published by followed Users.
-
Following does not mean:
- establishing a formal relationship between Users;
- confirming the credibility of the followed User;
- endorsing all Content of that User;
- creating an obligation to follow each other.
-
The list of Accounts followed by a User is public. The Portal does not provide a public list of persons following a given User or separate counts of following and followers.
§ 30. No private messages and notifications
-
ReputoNode does not currently provide an internal messenger or private messaging function between Users.
-
Contact between Users may take place outside the Portal if a User has voluntarily made public contact details available in the User’s Profile.
-
ReputoNode is not a party to communications conducted outside the Portal and has no control over their content or course.
-
The Portal does not currently provide a notification system covering all new Comments, Replies, Reactions or followers.
-
The absence of a notification does not mean that no particular activity relating to Content or an Account has occurred.
-
The Service Provider may send messages necessary to:
-
register or confirm an e-mail address;
-
secure an Account;
-
handle an Account-deletion request;
-
inform about a Moderation Decision;
-
fulfil a legal obligation;
-
inform about material changes concerning the Agreement or the Portal.
-
§ 31. No public API and automation
-
ReputoNode does not currently provide a public API intended for the automatic publication, retrieval or processing of Content by external systems.
-
Use of bots, scripts, scrapers, automation programs or other similar tools requires the Service Provider’s prior express consent, unless applicable law provides otherwise.
-
In particular, the following automated activities are prohibited:
-
creating Accounts;
-
publishing Content;
-
submitting Reactions;
-
following Users;
-
bulk downloading Content or Profile data;
-
circumventing the Portal’s technical restrictions.
-
§ 32. Free services and no advertising
-
The services described in these Terms are provided free of charge.
-
As at the effective date of this version of the Terms, ReputoNode does not provide:
-
paid Accounts or subscriptions;
-
premium functions;
-
paid highlighting or promotion of Posts;
-
third-party advertisements;
-
advertisements published by the Service Provider as part of an advertising system of the Portal.
-
-
The statement that the services are free of charge does not constitute an assurance that all functions that may be introduced in the future will always be free of charge.
-
Introduction of a paid service would require prior provision of clear information concerning, in particular:
-
the scope of the service;
-
the price and method of payment;
-
the duration of the commitment;
-
the rules for cancellation;
-
consumer rights;
-
a separate, express decision by the User to use the paid service.
-
-
Merely using a free Account cannot automatically create a payment obligation without the User’s prior express consent.
§ 33. Development and changes to the scope of services
-
The Service Provider may develop the Portal, add new functions, modify existing functions or withdraw functions, in particular for reasons relating to:
-
technical matters;
-
security;
-
legal requirements;
-
organisation;
-
development of ReputoNode;
-
low level of interest in a particular function;
-
termination of cooperation with an external provider.
-
-
Purely technical, editorial or User-beneficial changes that do not restrict Users’ rights or increase their obligations may be introduced without amending the Terms.
-
If a change to a function materially affects the scope of the Agreement, the User’s rights, the manner of using Content or the operation of Topic Reputation, the Service Provider will provide information about the change in accordance with the rules for amending the Terms.
-
Introduction of a new function does not create an obligation to use it, unless it is technically necessary for the continued provision of the basic service and has been introduced in accordance with the Terms.
-
The Service Provider does not guarantee that every function of the Portal will be maintained indefinitely in an unchanged form.
Chapter 5
Technical requirements and safe use
§ 34. Technical requirements
-
ReputoNode is available through a web browser on devices with Internet access, in particular on:
-
computers;
-
tablets;
-
phones.
-
-
ReputoNode does not require installation of a separate mobile application, unless the Service Provider makes such an application available in the future.
-
Proper use of the Portal requires at least:
-
a device capable of using websites;
-
an active Internet connection;
-
a current version of a commonly used web browser;
-
JavaScript enabled;
-
technically necessary cookies and similar mechanisms enabled;
-
the ability to use browser local storage where required by a specific Portal function;
-
a functioning e-mail address – when creating and maintaining an Account.
-
-
The Service Provider does not guarantee proper operation of all Portal functions in:
-
outdated browsers;
-
browsers whose settings prevent JavaScript from running or necessary session mechanisms from being used;
-
unusual or modified browser versions;
-
systems and devices no longer supported by their manufacturers;
-
configurations blocking elements necessary for the Portal to operate.
-
-
Disabling necessary cookies, session mechanisms or JavaScript may, in particular, make it impossible to:
-
log in;
-
maintain an Account session;
-
submit a form;
-
save a Draft;
-
publish Content;
-
remember the selected language;
-
use other functions requiring authentication.
-
-
ReputoNode uses technically necessary cookies and similar mechanisms serving, in particular, to maintain sessions, secure forms and remember Portal settings.
-
ReputoNode does not currently use Google Analytics or other optional analytics cookies requiring the User’s consent.
-
The Portal does not currently provide a mechanism for managing consent to optional cookies because such cookies are not currently used. If technologies requiring consent are introduced in the future, an appropriate information mechanism and the ability to grant or refuse consent will be provided before they are launched.
-
Detailed information concerning the cookies and similar mechanisms used is provided in the Privacy Policy.
§ 35. Internet connection
-
A User or Visitor is responsible for providing, at the User’s or Visitor’s own expense:
-
a device necessary to use the Portal;
-
Internet access;
-
an appropriate data-transmission package;
-
software required to use websites.
-
-
The costs of Internet access and data transmission are borne by the person using the Portal in accordance with the agreement concluded with that person’s telecommunications service provider.
-
Uploading large files, in particular videos, may require a stable and sufficiently fast Internet connection.
-
Loss of connection, closing the browser, refreshing the page or device failure may result in:
-
failure to upload a file;
-
failure to publish Content;
-
loss of unsaved text;
-
loss of changes that were not saved as a Draft.
-
-
ReputoNode does not automatically save a Post being created. The User should manually save a Draft if the User wishes to retain prepared Content before publishing it.
§ 36. Secure connection
-
The publicly available version of ReputoNode uses an encrypted HTTPS connection.
-
Connections initiated using the unencrypted HTTP protocol are redirected to HTTPS where technically possible and permitted by the manner in which the connection is established.
-
When logging in, the User should check whether:
- the User is using the correct Portal address;
- the connection is marked as secure by the browser;
- the browser does not display a warning concerning the certificate or connection security.
-
The User should not provide login details on websites whose address differs from the official ReputoNode address.
§ 37. E-mail address
-
Creating and maintaining an Account requires a valid and functioning e-mail address to which the User has access.
-
The e-mail address may be used, in particular, to:
-
confirm registration;
-
activate the Account;
-
reset the password;
-
provide information concerning Account security;
-
provide information concerning Account deletion;
-
contact the User in matters required by law or the Terms.
-
-
The User is responsible for:
-
providing a valid e-mail address;
-
maintaining access to the indicated mailbox;
-
securing the mailbox against unauthorised access;
-
checking messages regularly, including the spam folder;
-
promptly informing the Service Provider of loss of access to the mailbox where this may endanger the security of the Account.
-
-
ReputoNode does not currently allow the User to independently change the e-mail address assigned to the Account.
-
If the User loses access to the assigned e-mail address, the possibility of recovering the Account may depend on additional verification.
-
The Service Provider does not guarantee recovery of the Account if it is not possible to reliably confirm that the person making the request is entitled to control the Account.
§ 38. Password and login credentials
-
The User sets an Account password during registration.
-
The password should meet the security requirements indicated in the registration form.
-
Password requirements may be changed in order to improve security without the need to amend the Terms, provided that this does not infringe the User’s rights.
-
The User should use a password that is:
-
difficult to guess;
-
different from passwords used for other services;
-
not based on readily available information about the User;
-
protected against access by other persons.
-
-
The User may not:
-
disclose the password to another person;
-
send the password by e-mail or in public messages;
-
enable other persons to use the Account with the User’s login details;
-
store the password in a place easily accessible to unauthorised persons.
-
-
The Service Provider does not request the full Account password by e-mail or ordinary correspondence.
-
The User should not disclose the password to a person claiming to be the Service Provider or a Moderator.
-
The Service Provider applies technical and organisational measures to protect authentication data. Details of safeguards whose disclosure could reduce the Portal’s security level are not published in the Terms.
§ 39. Accounts maintained on behalf of entities
-
If an Account is maintained on behalf of a company, organisation, institution or other entity, that entity should designate one natural person responsible for access to the Account.
-
The person responsible for the Account:
-
should be authorised to act on behalf of the relevant entity;
-
is responsible for protecting login credentials;
-
may not disclose the password to other persons;
-
should promptly secure the Account if the authorisation is lost or cooperation with the entity ends.
-
-
The entity maintaining the Account is responsible for ensuring that only authorised persons have access to the Account.
-
A change of the person responsible for the Account should take place in a manner ensuring continuity of security, in particular by changing the password.
§ 40. Responsibility for Account security
-
The User is responsible for actions performed from the User’s Account to the extent that they result from:
-
the User’s action;
-
the User’s omission;
-
deliberate disclosure of login credentials;
-
failure to observe reasonable security rules;
-
leaving a logged-in Account unattended on a device accessible to other persons.
-
-
The User is not automatically responsible for actions of an unauthorised person if they occurred despite the User observing appropriate security rules.
-
The User should exercise particular caution when using:
-
public devices;
-
shared devices;
-
unsecured wireless networks;
-
devices over which the User does not have full control.
-
-
After finishing use of the Account on a shared device, the User should log out.
-
The User should not:
-
leave a logged-in Account unattended;
-
save the password in an untrusted browser;
-
allow the browser to automatically fill in login details on a device accessible to other persons.
-
§ 41. Changing and resetting the password
-
A logged-in User may change the password using the function available in the Account settings.
-
Changing the password may require entering the current password, re-authentication or another security action indicated by the Portal.
-
ReputoNode also allows password reset to be initiated using the e-mail address assigned to the Account.
-
A link or code used to reset the password:
- is intended for the owner of the relevant e-mail address;
- is valid for 30 minutes from generation;
- should not be disclosed to other persons;
- may be invalidated after use or for security reasons.
-
If the User receives a password-reset message despite not initiating the reset, the User should:
- not use the link provided;
- check the security of the User’s e-mail mailbox;
- contact the Service Provider if there is any suspicion of a threat.
-
Changing or resetting the password may terminate some or all active login sessions.
§ 42. Suspected Account takeover
-
If the User suspects that the Account may have been taken over or used without authorisation, the User should promptly:
- change the password in the Account settings or reset it using the e-mail address;
- change the password to, and secure, the e-mail mailbox assigned to the Account;
- terminate active sessions, if such a function is available;
- contact the Service Provider;
- indicate any irregularities noticed, in particular unknown publications, changes to data or actions performed without the User’s knowledge.
-
A report concerning Account security should be sent to security@reputonode.com.
-
It is recommended to include the designation “Account Security” in the subject of the message.
-
The Service Provider may request additional information necessary to confirm the identity of the person reporting the problem.
-
The Service Provider does not provide access to an Account to a person whose entitlement cannot be sufficiently confirmed.
§ 43. Login session
-
After a successful login, the Portal creates a session that enables the User to use the Account without entering the password again for every action.
-
If the User uses the stay-logged-in function, the session may be maintained after the browser is closed for a period determined by the Portal’s technical settings.
-
A session may be terminated, in particular:
-
after the User logs out;
-
after its validity period expires;
-
after a longer period of inactivity;
-
after the password is changed or reset;
-
after security settings are changed;
-
where unauthorised access is suspected;
-
after the Account is restricted, suspended or deleted;
-
as a result of technical work or failure.
-
-
The Service Provider may invalidate active Account sessions where justified by the security of the Account or the Portal.
§ 44. Temporary security blocking
-
The Service Provider may temporarily block access to an Account or specific functions where there are reasonable grounds to suspect:
-
takeover of the Account;
-
unusual or automated activity;
-
distribution of spam;
-
attempted fraud;
-
use of the Account in a manner that endangers other persons;
-
a breach of Portal security;
-
circumvention of safeguards in place.
-
-
A security block may also be applied before the matter is fully clarified where delay could cause harm or further danger.
-
The scope and duration of the block should be proportionate to the nature of the threat.
-
The Service Provider will inform the User of the block and available courses of action, unless:
-
providing the information could increase the threat;
-
it would prevent the Account or evidence from being secured;
-
it would be contrary to an instruction from an authorised authority;
-
applicable law permits information to be temporarily restricted.
-
-
Unblocking the Account may require:
-
changing the password;
-
confirming the e-mail address;
-
confirming entitlement to the Account;
-
explaining unusual activity;
-
taking other reasonable security measures.
-
§ 45. Files and technical threats
-
The User may not upload to the Portal:
-
viruses;
-
malicious software;
-
code intended to take control of a device or data;
-
files designed to exploit vulnerabilities;
-
materials causing unauthorised actions in the system;
-
files intentionally corrupted or misleading as to their format;
-
other elements endangering the Portal, its Users or infrastructure.
-
-
ReputoNode does not currently use an automatic antivirus scanner for all uploaded files.
-
The absence of an automatic scanner does not limit the Service Provider’s right to:
-
reject a file;
-
stop its publication;
-
delete the file;
-
temporarily block the Account;
-
take other action where a threat is suspected.
-
-
The Service Provider does not guarantee detection of every harmful file or threat.
-
A person using files or links posted by other Users should exercise appropriate caution.
§ 46. Technical limits
-
The Portal may apply technical limits concerning, in particular:
-
avatar size;
-
image or video size;
-
length of textual Content;
-
number of files uploaded;
-
video duration;
-
number of operations performed;
-
frequency of publication or form submission.
-
-
Current limits may be indicated directly in the relevant Portal form or message.
-
A change to technical limits does not require an amendment to the Terms if:
-
it results from justified technical, security or performance needs;
-
it does not deprive the User of essential functionality arising from the Agreement;
-
it has been clearly presented at the point where the relevant function is used.
-
-
The User may not circumvent technical limits by:
-
modifying requests sent to the server;
-
using multiple Accounts;
-
using automated tools;
-
changing a file extension;
-
taking other actions contrary to the intended use of the function.
-
§ 47. Abuse-prevention mechanisms
-
The Portal uses technical mechanisms to counteract:
- automated Account creation;
- spam;
- mass form submission;
- password-guessing attempts;
- automated publication of Content;
- automated submission of Reactions;
- other forms of abuse.
-
These mechanisms may include, in particular:
- CAPTCHA or similar tests;
- request-rate limits;
- temporary blocking of operations;
- additional verification;
- analysis of technical connection parameters.
-
The use of a specific external solution and the related processing of data are described in the Privacy Policy where such a solution is used.
§ 48. Prohibited technical activities
-
Without the Service Provider’s prior express consent, it is prohibited to:
-
test the Portal’s safeguards;
-
scan for vulnerabilities;
-
attempt to gain access to another person’s Account;
-
intercept login credentials or sessions;
-
circumvent safeguards and restrictions;
-
inject code or data intended to alter the operation of the Portal;
-
carry out denial-of-service attacks or other activities overloading the Portal;
-
disrupt the operation of the server, database, network or application;
-
download data in bulk;
-
perform operations automatically;
-
exploit errors beyond what is necessary to confirm their existence;
-
gain access to data to which the person is not entitled;
-
delete, alter or damage other persons’ data;
-
hinder other persons’ use of the Portal.
-
-
The prohibition does not restrict activities of authorised authorities or activities expressly permitted by applicable law.
-
The Service Provider may block connections, IP addresses, sessions, Accounts or operations where necessary to protect the Portal.
§ 49. Reporting security vulnerabilities
-
A person who notices an error or potential security vulnerability may report it to the Service Provider at security@reputonode.com.
-
It is recommended to include the designation “Portal Security” in the subject of the message.
-
A report should, where possible, contain:
- a description of the problem observed;
- where it occurs;
- a method of reproducing the error without disclosing other persons’ data;
- possible consequences;
- technical information necessary for analysis.
-
A person reporting an error may not:
- download data of other Users;
- alter or delete data;
- retain more information than is necessary for the report;
- disrupt the operation of the Portal;
- publicly disclose a vulnerability before giving the Service Provider an opportunity to take action;
- exploit the error for personal gain or to cause harm.
-
Merely submitting a reliable report does not constitute consent to continue testing the system.
§ 50. Safeguards applied by the Service Provider
-
The Service Provider applies technical and organisational measures appropriate to:
-
the nature of the Portal;
-
the scope of services provided;
-
the type of data processed;
-
currently identified threats;
-
the scale of ReputoNode’s operations.
-
-
These measures may include, in particular:
-
encryption of transmissions;
-
protection of authentication data;
-
access control;
-
logging of selected security events;
-
abuse-limitation mechanisms;
-
creation of backups;
-
software updates;
-
restriction of administrative access.
-
-
The Service Provider does not guarantee complete elimination of:
-
failures;
-
attempted attacks;
-
software errors;
-
loss of connection;
-
actions of third parties;
-
new, previously unknown vulnerabilities.
-
-
The absence of a guarantee of complete security does not release the Service Provider from the obligation to apply appropriate safeguards and respond to identified threats.
§ 51. No Account export function
-
ReputoNode does not currently provide an automatic function in Account settings for exporting all Content, Reactions and data associated with the Account.
-
The User should keep the User’s own copies of materials whose loss could be significant to the User.
-
The absence of a technical Account-export function does not limit rights arising from personal-data protection law, including the right of access to data and – where the relevant conditions apply – the right to data portability.
-
The rules for exercising personal-data rights are described in the Privacy Policy.
Chapter 6
Conditions for using the Portal and minimum age
§ 52. Persons entitled to use an Account
-
A ReputoNode Account may be created by:
-
a natural person who is at least 18 years old;
-
a natural person acting on behalf of a company, organisation, institution, public entity or other entity;
-
a natural person maintaining an Account for a lawfully operating group, project or initiative without separate legal personality.
-
-
An Account may be maintained:
-
by a natural person in that person’s own name;
-
on behalf of an entrepreneur;
-
on behalf of a legal person;
-
on behalf of an organisational unit;
-
on behalf of a foundation, association, institution, public entity, group or project.
-
-
A person creating or maintaining an Account on behalf of another entity declares that:
-
the person is entitled to act on its behalf or has received appropriate authorisation;
-
the information provided does not mislead as to the identity or nature of the Account;
-
the person’s use of the entity’s name, designations and materials does not infringe third-party rights.
-
-
During standard registration, the Service Provider does not require a power of attorney, registry extract or other document confirming authorisation.
-
The Service Provider may request information or documents confirming entitlement to maintain the Account if:
-
it receives a report concerning impersonation of another entity;
-
a reasonable doubt arises as to the entitlement of the person maintaining the Account;
-
a dispute over access to the Account arises between persons associated with the entity;
-
this is necessary to protect the rights of the entity or a third party;
-
the verification obligation arises from applicable law or a request from an authorised authority.
-
-
If entitlement to maintain the Account is not appropriately confirmed, the Service Provider may:
-
temporarily restrict access to the Account;
-
hide designations that may be misleading;
-
require a change to the Profile name or data;
-
block the Account;
-
delete the Account in accordance with the rules set out in the Terms.
-
§ 53. Minimum age
-
A ReputoNode Account may be created and maintained only by a person who is at least 18 years old.
-
A person under 18 years of age may not create an Account or use another person’s Account, even with the consent of a parent, legal guardian or other representative.
-
The requirement to be at least 18 years old also applies to a natural person creating or operating an Account on behalf of a company, organisation, institution, group or other entity.
-
During registration, the person creating the Account declares that the person is at least 18 years old.
-
The declaration made during registration should read: “I declare that I am at least 18 years old.”
-
Making a false declaration concerning age constitutes a breach of the Terms.
-
The Service Provider does not normally require a scan of an identity card, passport or other identity document solely for the purpose of Account registration.
-
The absence of standard document verification does not constitute consent to the creation of Accounts by persons who do not meet the age requirement.
§ 54. Access by minors to public Content
-
The age restriction specified in § 53 applies to creating an Account and using functions that require login.
-
Public parts of ReputoNode may also be technically accessible without login to persons under 18 years of age.
-
Public availability of the Portal does not mean that ReputoNode is a service directed at children.
-
Minors should use publicly available Internet resources under the supervision of a parent, guardian or other responsible person, to an extent appropriate to their age and maturity.
-
The Service Provider may restrict the visibility of, or remove, Content that presents a particular risk to minors, in accordance with applicable law, the Terms and the Community Standards.
§ 55. Suspected use of an Account by a minor
-
If there are reasonable grounds to suspect that an Account is maintained by a person under 18 years of age, the Service Provider may temporarily restrict access to the Account.
-
Before permanently deleting the Account, the Service Provider may allow the person using the Account to explain the situation or demonstrate that the age requirement is met.
-
The method of confirming age should be proportionate to the circumstances and should not require disclosure of a broader scope of data than is necessary.
-
The Service Provider may permit age to be confirmed in a manner limiting the scope of disclosed data, in particular by allowing information not necessary to confirm the age and identity of the Account holder to be obscured on a copy of a document.
-
The Service Provider will not retain a document provided solely for age verification longer than necessary to complete the verification and document its result, subject to obligations arising from applicable law.
-
If it is confirmed that the Account is maintained by a person under 18 years of age, the Service Provider may:
-
block the Account;
-
terminate the Agreement;
-
delete or anonymise Account data;
-
deal with published Content in accordance with the Account-deletion rules, taking into account the protection of the minor’s rights.
-
-
Information about the action taken will be sent to the e-mail address assigned to the Account, unless this is impossible or not permitted by law.
§ 56. One personal Account
-
One natural person may maintain one personal Account in ReputoNode.
-
A person maintaining a personal Account may additionally be responsible for an Account of a company, organisation, institution, group, project or other entity if authorised to do so.
-
An Account maintained solely and clearly on behalf of another entity is not regarded as a separate personal Account.
-
Creating an additional personal Account for the purpose of the following is prohibited:
-
submitting additional Reactions;
-
increasing one’s own Topic Reputation;
-
lowering the Reputation of another User;
-
circumventing a block, restriction or Moderation Decision;
-
creating the appearance of support from multiple independent persons;
-
misleading other persons;
-
conducting spam or coordinated activity.
-
-
The Service Provider may restrict or delete additional Accounts maintained in breach of this paragraph and correct the effects of actions performed using them.
§ 57. Username, display name and pseudonym
-
A User is not required to publicly use the User’s real first name and surname.
-
A natural person may use:
-
the person’s real first name and surname;
-
a pseudonym;
-
another chosen designation compliant with the Terms.
-
-
An Account maintained on behalf of a company, organisation, institution, group or project may use its name, brand or other designation if the person maintaining the Account is entitled to do so.
-
A Username, display name or other Account designation may not:
-
impersonate another person or entity;
-
suggest an official relationship, authorisation or endorsement that does not exist;
-
infringe rights to a business name, trademark, surname, pseudonym, likeness or other designations;
-
infringe personal rights;
-
be insulting, hateful, discriminatory or vulgar;
-
mislead as to the nature or origin of the Account;
-
violate applicable law, the Terms or the Community Standards.
-
-
The technical ability to register a particular name does not mean that the Service Provider confirms the User’s right to use it.
-
The Service Provider may require a name to be changed, change it technically, restrict the visibility of the Account or take another appropriate measure if the name violates the Terms or a third party’s rights.
§ 58. Parody and satire Accounts
-
An Account of a parody, satirical, fan or commentary nature is permitted if its nature is clearly and unambiguously indicated.
-
Such an Account may not mislead a reasonable recipient as to:
-
the identity of the person maintaining the Account;
-
the official nature of the Account;
-
its relationship with the person, company, organisation or institution concerned;
-
authorisation or endorsement by that person or entity.
-
-
Merely placing information about parody in a difficult-to-access location may be insufficient if the Account’s name, avatar or manner of operation still misleads recipients.
-
A parody or satirical Account is subject to the same rules concerning Content, harassment, protection of personal rights and liability as other Accounts.
§ 59. Accuracy of data associated with Account administration
-
The ability to use a pseudonym does not release the User from the obligation to provide correct data required for technical and legal administration of the Account.
-
The e-mail address assigned to the Account should:
-
exist;
-
remain under the lawful control of the User or the entity on whose behalf the Account is maintained;
-
enable receipt of messages relating to the Account;
-
not belong to a third party that has not consented to its use.
-
-
The User may not knowingly provide false data for the purpose of:
-
taking over another person’s Account;
-
circumventing restrictions;
-
hindering contact;
-
misleading the Service Provider or other persons;
-
committing fraud or another violation of law.
-
§ 60. Refusal to register or activate an Account
-
The Service Provider may refuse to create or activate an Account if:
-
the registration form is incomplete;
-
the data provided is technically invalid;
-
the e-mail address is already assigned to another Account;
-
the Username is already taken;
-
the selected name violates applicable law, the Terms or a third party’s rights;
-
the person does not meet the age requirement;
-
the current Terms have not been accepted;
-
the person has not confirmed having read the Privacy Policy;
-
the required e-mail address verification has not been completed;
-
registration is automated or spam-related;
-
the person is attempting to circumvent an earlier block or restriction;
-
creation of the Account could endanger the security of the Portal or other persons;
-
refusal is necessary to comply with a legal obligation.
-
-
Refusal of registration may not be based on unlawful discrimination.
-
Where permitted by security considerations and applicable law, the person attempting to create an Account will be informed of the basic reason for refusal.
§ 61. No right to a specific Account name
-
Earlier registration of a Username does not in itself confer a right to use it in violation of another person’s rights.
-
In particular, it is prohibited to:
-
register another person’s surname, name or brand for the purpose of impersonation;
-
block a name in order to demand payment or another benefit;
-
suggest an official nature of an Account without authorisation;
-
use a name in a manner infringing a trademark, business name or personal rights.
-
-
In a dispute concerning a name, the Service Provider may take into account, in particular:
-
the rights held by the parties;
-
the date and manner in which the designation has been used;
-
the nature of the Account;
-
the possibility of misleading recipients;
-
documents and explanations provided;
-
the interests of the Portal community.
-
-
The Service Provider does not finally resolve disputes concerning intellectual-property rights or personal rights that fall within the jurisdiction of courts or other authorised bodies.
§ 62. Territorial availability of ReputoNode
-
ReputoNode is operated by the Service Provider from Poland.
-
The Portal is directed primarily at adult Users located in Poland and other countries of the European Economic Area.
-
ReputoNode may also be technically accessible to persons located outside the European Economic Area.
-
Technical availability of the Portal in a particular country does not mean that the Service Provider:
-
actively targets the service at residents of every country in the world;
-
conducts business activity in every country from which the Portal can be opened;
-
ensures compliance of all functions with the laws of every country outside the area at which the service is directed.
-
-
A person using the Portal outside Poland should ensure that use of ReputoNode complies with the law applicable in the place where the person is located.
-
The Service Provider may restrict or disable access to the Portal or specific functions in a given territory where necessary due to:
-
applicable law;
-
a decision of an authorised authority;
-
international sanctions;
-
security;
-
inability to lawfully provide the service;
-
technical or organisational limitations.
-
-
The choice of Polish law in the Terms does not deprive a consumer of protection granted by provisions that cannot be contractually excluded and that apply due to the consumer’s habitual residence.
§ 63. Temporary suspension of registration
-
The Service Provider may temporarily suspend the creation of new Accounts, in particular due to:
-
technical work;
-
failure;
-
infrastructure overload;
-
a security threat;
-
intensified attempts at automated registration or spam;
-
the need to adapt the Portal to applicable law;
-
a test or limited stage of Portal operation;
-
inability to ensure an appropriate level of service.
-
-
Temporary suspension of registration does not automatically affect the operation of existing Accounts.
-
Where possible, information about temporary suspension of registration will be published in the Portal.
-
The Service Provider does not guarantee uninterrupted availability of the ability to create a new Account.
Chapter 7
Registration and conclusion of the Agreement
§ 64. Conditions for creating an Account
-
Creating an Account requires proper completion of the registration process made available in the Portal.
-
During registration, the person creating the Account provides:
-
a unique Username;
-
a valid e-mail address;
-
a password meeting the security requirements indicated in the registration form.
-
-
During registration, it is not required to provide:
-
a display name;
-
first name and surname;
-
date of birth;
-
Location;
-
information as to whether the Account is maintained by a private individual, company, organisation or other entity.
-
-
The display name, Location, Profile description, avatar, contact details and other additional information may be completed after Account activation using the Profile-editing function.
-
The person registering an Account must provide data compliant with the requirements of the Terms and may not use data or designations in a manner that infringes the rights of other persons.
-
Account registration is free of charge.
§ 65. Declaration of being at least 18 years old
-
During registration, the person creating the Account makes a separate mandatory declaration that the person is at least 18 years old.
-
The declaration reads: “I declare that I am at least 18 years old.”
-
The age declaration is made using a separate checkbox that is unselected by default.
-
Failure to make the declaration prevents submission of the registration form and creation of the Account.
-
Making a false age declaration constitutes a breach of the Terms and may result in restriction or deletion of the Account in accordance with the rules set out in the Terms.
§ 66. Acceptance of the Terms and the Privacy Policy
-
Submission of the registration form is conditional on:
-
acceptance of the Terms;
-
confirmation that the person has read the Privacy Policy.
-
-
Both actions are performed using one mandatory checkbox that is unselected by default.
-
The checkbox text reads: “I accept the ReputoNode Terms of Service and confirm that I have read the Privacy Policy.”
-
The terms “ReputoNode Terms of Service” and “Privacy Policy” constitute separate links enabling the relevant document to be opened before the form is submitted.
-
The documents are available in a manner enabling them to be:
-
read;
-
saved;
-
reproduced;
-
retained.
-
-
Acceptance of the Terms also covers the Community Standards, which form an integral part of them.
-
Confirmation that the person has read the Privacy Policy:
-
does not constitute general consent to all personal-data processing operations;
-
confirms that the person registering the Account has received information concerning data processing;
-
does not replace separate consent where specific processing requires such consent under applicable law.
-
-
Failure to select the checkbox referred to in section 2 prevents creation of the Account.
§ 67. Optional cookies and similar technologies
-
ReputoNode does not currently use Google Analytics or other optional analytics cookies requiring the User’s consent.
-
If, in the future, ReputoNode introduces cookies or similar technologies whose use requires consent under applicable law, such consent will not form part of:
-
acceptance of the Terms;
-
confirmation that the User has read the Privacy Policy;
-
the declaration that the User is at least 18 years old;
-
the process of concluding the Agreement.
-
-
Where consent is required for a specific technology, the User will be given the opportunity to grant, refuse and subsequently withdraw such consent in accordance with applicable law.
-
The introduction of optional technologies and the rules governing their operation will be appropriately described in the Privacy Policy or other information made available to the User before they are launched.
§ 68. Submission of the registration form
-
After correctly completing the form and meeting the registration requirements, the person creating the Account may submit the form to the Service Provider.
-
Submission of the form results in the creation of a technical, inactive Account and the sending of a message used to confirm the e-mail address.
-
Creation of an inactive Account alone does not yet constitute conclusion of the Agreement for maintaining an active Account.
-
Until activation, the Account is used solely to:
-
store data necessary to complete registration;
-
reserve the Username;
-
carry out e-mail address verification;
-
enable the activation message to be resent;
-
handle other actions necessary to complete the registration process.
-
-
An inactive Account does not allow publication, commenting, replying, submitting Reactions or use of other functions requiring an active Account.
§ 69. E-mail address verification
-
Account activation requires confirmation of the e-mail address provided during registration.
-
After the registration form is submitted, the Service Provider sends a message to the indicated address containing a link or another mechanism for confirming the e-mail address.
-
The activation link is valid for 24 hours from the time it is generated. Information about the validity period is also provided in the message sent to the person registering the Account.
-
The activation link:
-
is intended exclusively for the person who has access to the indicated mailbox;
-
may be used only in the manner specified in the message;
-
may expire after use or after the indicated period;
-
should not be disclosed to another person.
-
-
If the message does not arrive or the link expires, the person registering the Account may use the function to resend the activation message.
-
The Service Provider may limit the number or frequency of resends in order to counteract spam and abuse.
-
A person who receives an activation message despite not attempting to create an Account should not use the link and may inform the Service Provider.
-
If the Account is not verified within 7 days of its creation, an unverified Account with no user activity may be automatically deleted together with data used solely for the incomplete registration. After such deletion, using ReputoNode again requires a new registration.
§ 70. Conclusion of the Agreement and Account activation
-
The Agreement is concluded when the e-mail address is properly confirmed and the Account is activated.
-
Account activation means that:
-
the e-mail address has been confirmed;
-
the registration process has been completed;
-
the User may log in and use functions available to active Accounts;
-
an Agreement is concluded between the User and the Service Provider on the terms set out in the accepted Terms.
-
-
After activation, the User may, among other things:
-
complete the public Profile;
-
add a display name;
-
add an avatar and description;
-
specify the Profile Location;
-
add contact details and links;
-
publish Posts;
-
save Drafts;
-
publish Comments and Replies;
-
submit Reactions;
-
follow other Users.
-
-
Conclusion of the Agreement does not grant the User the right to use the Portal in violation of applicable law, the Terms or the Community Standards.
§ 71. Inactive Account
-
Until the e-mail address is confirmed, the Account remains inactive.
-
An attempt to log in to an inactive Account results in information being displayed about the need to activate it.
-
An inactive Account does not allow use of the Portal’s social functions.
-
A person with an inactive Account may still, without logging in, view public Content under the rules applicable to Visitors.
-
The Username assigned to an inactive Account remains reserved until the Account is activated or deleted on another basis provided for in the Terms or applicable law.
-
Failure to confirm the e-mail address does not currently result in automatic deletion of the Account solely due to the passage of a specified period.
-
The Service Provider may delete or restrict an inactive Account where another basis specified in the Terms or applicable law exists, in particular abuse of the registration process, a security threat or a legal obligation.
§ 72. Public nature of the Profile
-
Every ReputoNode Account is associated with a public Profile.
-
ReputoNode does not provide an option to maintain a private or hidden Profile.
-
A User who activates an Account should expect that:
-
the User’s Username will be public;
-
information voluntarily included in the Profile will be public, except for data marked as non-public using available settings;
-
the User’s Posts, Comments, Replies, activity and Topic Reputation will also be available to persons who are not logged in;
-
the User’s Content may be available through direct internet addresses and the Portal search engine.
-
-
Before Account activation, the Profile may be technically created and available to a limited extent, including, in particular, the reserved Username and data automatically generated by the Portal.
-
An inactive Account may not publish Content or complete the Profile using functions available only after login.
-
Creation of an Account means choosing the public model of participation in ReputoNode. A User who does not wish to have a public Profile should not activate the Account.
§ 73. Uniqueness of Username and e-mail address
-
Each Username may be assigned to only one Account.
-
Each e-mail address may be assigned to only one Account.
-
Usernames differing only in letter case are treated as the same name.
-
A display name:
- is not provided during registration;
- may be added after Account activation;
- does not need to be unique;
- may be used by more than one User;
- is subject to the rules concerning impersonation, third-party rights and prohibited designations.
-
Incomplete registration does not result in conclusion of the Agreement, but creates a technical inactive Account necessary to complete the activation process.
-
If a Username or e-mail address is already taken, the Portal may display information that a User with the specified Username or e-mail address already exists.
-
The User should not treat information about the existence of an Account as a basis for attempting to gain access to it or contacting the owner of the address without an appropriate basis.
§ 74. Registration-form errors
-
The form may not be accepted, in particular, if:
-
the Username is taken;
-
the e-mail address is already assigned to an Account;
-
the e-mail address has an invalid format;
-
the password does not meet the requirements;
-
the required document-acceptance checkbox has not been selected;
-
the declaration of being at least 18 years old has not been made;
-
the data contains prohibited characters or exceeds limits;
-
the mechanism protecting against automated registration has not been completed correctly;
-
a technical error or suspected abuse has been detected.
-
-
The Portal may indicate the cause of the error and allow it to be corrected.
-
Display of an error message does not guarantee creation of the Account after the error is corrected if another obstacle arising from the Terms or applicable law exists.
§ 75. Protection of the registration process
-
The registration process is protected using CAPTCHA, request-rate limits or other mechanisms counteracting automated Account creation.
-
After registration, the Service Provider may restrict or delete an Account if it turns out that the Account was created:
- automatically;
- for the purpose of distributing spam;
- using another person’s data without authorisation;
- for the purpose of circumventing a block;
- for the purpose of manipulating Reactions or Reputation;
- in another manner violating the Terms or Portal security.
-
The Service Provider may use additional mechanisms for detecting abuse, provided that they comply with applicable law and the related processing of data is appropriately described in the Privacy Policy.
§ 76. Registration of entity Accounts
-
During registration, no separate selection of a personal, company, organisational or institutional Account type is required.
-
The nature of an Account results, in particular, from:
-
the Username;
-
the display name;
-
the Profile description;
-
published information;
-
the manner in which the Account is maintained.
-
-
A person maintaining an Account on behalf of an entity must comply with the rules concerning authorisation and the prohibition on impersonation set out in the Terms.
-
The absence of a separate Account-type designation does not release the person maintaining the Account from responsibility for ensuring that the information provided corresponds to the actual state of affairs.
§ 77. Recording acceptance of documents
-
The Service Provider records information necessary to demonstrate that the User accepted the Terms and confirmed having read the Privacy Policy.
-
Recorded information includes, in particular:
-
Account identifier;
-
date and time of acceptance;
-
version of the Terms accepted;
-
version of the Privacy Policy presented to the User.
-
-
The Service Provider does not record the language of the documents as separate information associated with acceptance, unless such a function is introduced in the future.
-
The Service Provider does not assume that the IP address will be recorded solely as evidence of acceptance of the documents.
-
Other technical data may be processed to the extent necessary for security, operation of the Portal or fulfilment of legal obligations, in accordance with the Privacy Policy.
-
Information concerning acceptance may be retained for the duration of the Agreement and, after its termination, for the period necessary to:
-
demonstrate conclusion and content of the Agreement;
-
handle claims;
-
fulfil legal obligations;
-
defend the rights of the Service Provider or the User.
-
§ 78. New versions of documents
-
The Portal compares the version of the Terms currently in force with the version accepted by the User.
-
If the versions differ and the nature of the change requires renewed acceptance, before continuing active use of the Account the User must:
- review the new version of the Terms;
- accept the new version of the Terms;
- confirm having read the current Privacy Policy if it is presented together with the new version of the documents.
-
Until the required action is completed, the User may remain technically logged in, but instead of ordinary Account functions receives access to a screen informing the User about the new version of the documents.
-
A User who does not accept the new version of the Terms may begin the Account-deletion procedure without first accepting it.
-
Failure to accept the new version does not restrict the possibility of viewing public Content as a Visitor.
-
Renewed confirmation that the User has read the Privacy Policy:
- is not required for every editorial change;
- may be required in order to document the provision of materially changed information;
- does not replace separate consent where new data processing requires consent.
-
Detailed rules for determining which changes require renewed acceptance are set out in Chapter 21.
§ 79. Confirmation of conclusion of the Agreement and welcome e-mail
-
After proper Account activation, the Service Provider sends the User a message confirming creation of the Account and conclusion of the Agreement.
-
Where required by applicable law, confirmation of conclusion of the Agreement is provided on a durable medium and includes information required by such law, unless it has already been provided to the User on a durable medium.
-
The confirmation may contain or attach, in particular:
- the number of the accepted version of the Terms;
- the Terms or a copy thereof in a form enabling storage and reproduction;
- the Community Standards or a copy thereof;
- information concerning the right to withdraw from the Agreement, if such a right is available to the User;
- other information required by applicable law.
-
The message may simultaneously serve as a welcome e-mail and contain, in particular:
- a brief explanation of the basic ReputoNode rules;
- information about R+ and R− Reactions;
- a link to the “Welcome to ReputoNode” guide;
- links to current ReputoNode documents;
- information concerning Account security.
-
The message is informational and related to Account administration.
-
The message is not a newsletter and does not constitute consent to receive marketing communications.
-
ReputoNode does not operate a newsletter. Introduction of a newsletter or other marketing communication requires separate rules and appropriate consent where required.
Chapter 8
Account, Profile and login
§ 80. Logging in to the Account
-
The User logs in to the Account using:
-
the e-mail address assigned to the Account;
-
the password set during registration or a later password reset.
-
-
The Username and display name are not used for logging in.
-
Access to functions requiring login is possible only after:
-
Account activation;
-
acceptance of the current version of the Terms, where renewed acceptance is required;
-
confirmation that the User has read the current Privacy Policy, where such confirmation is required;
-
correct entry of login credentials;
-
absence of a block or other restriction preventing access to the Account.
-
-
An attempt to log in to an inactive Account results in information being displayed about the need to confirm the e-mail address.
-
If the User has not accepted a required new version of the Terms, access to Account functions may remain blocked until the required action is completed.
-
Inability to log in does not restrict access to public parts of the Portal under the rules applicable to Visitors.
§ 81. Resetting and changing the password
-
The User may change the password using the function available in the settings of a logged-in Account.
-
Changing the password may require entering the current password, re-authentication or another security action indicated by the Portal.
-
The User may also set a new password using the password-reset procedure available through the “Forgot password” function or a function of similar meaning.
-
The password-reset procedure requires access to the e-mail address assigned to the Account.
-
The User should change or reset the password in particular when:
- the User has forgotten the password;
- the User suspects that the password has been disclosed;
- the User has noticed unknown activity on the Account;
- the User wishes to replace the current password with a new one.
-
A password-reset link is valid for 30 minutes from generation, may be used only once and is invalidated after use.
-
The User may not disclose to other persons a link, code or message used to reset the password.
-
Changing or resetting the password may invalidate some or all active sessions.
§ 82. E-mail address assigned to the Account
-
The e-mail address provided during registration is assigned to the Account and is used, in particular, for:
-
logging in;
-
Account activation;
-
password reset;
-
providing security information;
-
providing information required by the Terms or applicable law.
-
-
The User cannot independently change the e-mail address assigned to the Account using the Portal’s standard functions.
-
In an exceptional situation, the Service Provider may manually change the e-mail address assigned to the Account if:
-
the User submits a duly justified request;
-
the User’s entitlement to the Account can be reliably confirmed;
-
the change will not endanger Account security or the rights of other persons;
-
there is no legal or technical obstacle to making the change.
-
-
The Service Provider may request information or documents necessary to confirm entitlement to the Account.
-
The scope of information required should be proportionate to the risk associated with changing the e-mail address.
-
The Service Provider may refuse to change the e-mail address if:
-
the entitlement of the person making the request cannot be reliably confirmed;
-
there is a dispute concerning the Account;
-
the new address is already assigned to another Account;
-
an attempted Account takeover is suspected;
-
the change would violate applicable law, the Terms or Portal security.
-
-
The User should promptly contact the Service Provider if the User loses access to the e-mail address assigned to the Account.
§ 83. Username
-
The Username is a unique Account designation selected during registration.
-
The Username:
-
is public;
-
is used to identify the User in the Portal;
-
may form part of the Profile’s internet address;
-
is not used for logging in.
-
-
The User cannot independently change the Username after the Account is created.
-
The Username may be changed by the Service Provider only in justified cases, in particular where it:
-
violates applicable law;
-
infringes the rights of a third party;
-
constitutes impersonation of another person or entity;
-
is insulting, hateful, discriminatory or misleading;
-
must be changed for technical or security reasons;
-
is used in violation of the Terms or Community Standards.
-
-
Changing the Username may change the Profile’s internet address and make earlier links unavailable.
-
The User does not acquire ownership of the Username or a right to use it beyond the scope arising from the Agreement and applicable law.
§ 84. Display name
-
The User may add a display name after Account activation.
-
The display name:
-
is public;
-
does not need to be unique;
-
may be the same as a name used by other Users;
-
may be left blank if the Portal permits it;
-
may be changed any number of times using the Profile-editing function.
-
-
Changing the display name does not change the Username or the e-mail address assigned to the Account.
-
The display name is subject to the rules concerning the prohibition on impersonation, protection of third-party rights and prohibited Content.
-
The Service Provider may remove or change a display name if it violates applicable law, the Terms or the Community Standards.
§ 85. Avatar
-
The User may:
-
add an avatar;
-
change the avatar;
-
remove the avatar and return to the default image or another designation used by the Portal.
-
-
The avatar is a public element of the Profile.
-
The avatar must meet the technical requirements indicated in the file-upload form.
-
The User is responsible for holding the rights and consents necessary for public use of the avatar.
-
The avatar may not:
-
infringe copyright;
-
infringe image rights;
-
infringe personal rights;
-
impersonate another person or entity;
-
contain prohibited Content;
-
violate applicable law, the Terms or the Community Standards.
-
-
The Service Provider may remove an avatar that violates Portal rules or threatens security.
§ 86. Profile description and its translations
-
The User may include a public description on the Profile, hereinafter referred to as the bio.
-
The User prepares the bio in a language selected by the User.
-
ReputoNode may automatically:
-
detect the language of the bio;
-
prepare translations of it into languages supported by the Portal;
-
store prepared translations in the database;
-
display the translation corresponding to the language selected by the person viewing the Profile.
-
-
The original version of the bio remains the version prepared by the User.
-
Automatic translation of the bio may contain errors, simplifications or inaccuracies.
-
In the event of a discrepancy between the original bio and its automatic translation, the original version is regarded as the proper Content of the User.
-
The User may change the bio using the Profile-editing function.
-
Changing the bio may result in its translations being prepared again.
-
The bio is subject to all rules applicable to Content published in the Portal.
§ 87. Profile Location
-
The default scope of a Profile is global.
-
The User may voluntarily assign a more specific Location to the Profile.
-
The Profile Location may indicate, in particular:
-
an exact place;
-
an area;
-
a city;
-
a region;
-
a country;
-
a continent;
-
global scope.
-
-
The Location assigned to the Profile is public.
-
The User may change the Profile Location at any time.
-
The Portal does not provide a separate function for deleting the Location, but the User may set the scope to global again.
-
After global scope is set, the more specific Location is no longer presented as the current Profile Location.
-
The Portal does not provide a public history of previous Profile Locations.
-
The User should consider the risk associated with publicly disclosing an exact place of residence, stay or activity.
§ 88. Public contact details and links
-
The User may supplement the Profile with contact details and links supported by the Portal, including in particular:
-
e-mail address;
-
LinkedIn;
-
GitHub;
-
Discord;
-
Telegram;
-
other contact fields made available in the future.
-
-
For each contact detail or link, the User may specify whether it is to be publicly visible if the Portal provides the relevant setting.
-
Data marked as public may be visible to all Users and Visitors.
-
Data marked as non-public is not displayed on the public Profile.
-
The User is responsible for:
-
the accuracy of contact details;
-
the lawfulness of their publication;
-
holding the right to indicate the relevant contact detail;
-
the consequences of voluntarily making data public.
-
-
ReputoNode does not normally verify whether an external account or contact address actually belongs to the User.
-
The Service Provider may remove contact details or a link if they:
-
violate applicable law;
-
lead to illegal, dangerous or fraudulent Content;
-
are used for impersonation;
-
threaten security;
-
violate the Terms or the Community Standards.
-
§ 89. Public User activity
-
The Profile displays the User’s public activity to the extent made available by the Portal.
-
Public activity may include, in particular:
-
Posts;
-
Comments;
-
Replies;
-
publication dates;
-
Content or a fragment of Content;
-
the title or designation of the Post under which a Comment or Reply was published;
-
the Thematic Category of the Post;
-
a link to the relevant place in the discussion.
-
-
Activity information is also available to Visitors.
-
User activity reflects the actual state of Content stored in the Portal.
-
Drafts are not part of public activity.
-
Drafts may be displayed to the Account owner in the owner’s own Profile view, but remain invisible to other persons.
-
Deletion of a Post may change the way related activity information is presented, while Comments and Replies may remain available in accordance with the Terms.
§ 90. Followed Users
-
A User’s Profile publicly displays the list of Users followed by that User.
-
The following list may be viewed by Users and Visitors.
-
The Portal does not currently display a separate public count of followed Users.
-
The number of followed Users may be inferred from the number of items visible on the public list.
-
The Profile does not display a public list of persons following a given User.
-
The Portal does not currently display a public count of persons following a given User.
-
Following or unfollowing may result in a corresponding change to the public following list.
§ 91. Topic Reputation on the Profile
-
The Profile publicly displays the User’s current Topic Reputation in individual Categories.
-
Reputation is calculated automatically on the basis of the rules set out in the Terms.
-
The User cannot hide Topic Reputation or disable its display on the Profile.
-
The Portal does not currently display a public history of changes in Topic Reputation.
-
The score visible on the Profile presents the current state calculated by the Portal system.
-
A change in Reactions taken into account by the system, deletion of Content, deletion of a voting Account, detection of manipulation or a change in calculation rules may affect the current score.
§ 92. Public nature of the Account
-
Every active Account has a public Profile.
-
The User may not:
-
set the entire Profile as private;
-
restrict Profile visibility only to logged-in Users;
-
hide all of the User’s public activity;
-
hide Topic Reputation;
-
disable public display of published Posts, Comments and Replies.
-
-
The User may decide on the visibility of selected contact details if the Portal provides such a setting.
-
A User who does not wish to have a public Profile may stop using the Account and begin the Account-deletion procedure.
-
Ceasing to log in without requesting Account deletion does not automatically hide the Profile or Content or terminate the Agreement.
§ 93. Moderation intervention in the Profile
-
The Service Provider may remove, change, hide or restrict a public Profile element if this is necessary due to:
-
a violation of applicable law;
-
infringement of a third party’s rights;
-
a breach of the Terms;
-
a breach of the Community Standards;
-
impersonation of another person or entity;
-
a security threat;
-
the need to comply with a decision of an authorised authority;
-
a technical error requiring correction.
-
-
The Service Provider’s action may concern, in particular:
-
the avatar;
-
the Username;
-
the display name;
-
the bio;
-
the Location;
-
contact details;
-
links;
-
other public Profile elements.
-
-
If the Service Provider removes, changes or restricts a public Profile element because of a breach of the rules, the Service Provider will inform the User about:
-
the action taken;
-
the basic reason for the action;
-
the rule breached, where it can be identified;
-
the possibility of appeal, where available.
-
-
Information may not be provided or its scope may be limited if:
-
applicable law or a decision of an authorised authority prohibits providing the information;
-
providing the information could endanger the security of the Portal or other persons;
-
it could hinder the prevention of fraud, abuse or another violation;
-
the User does not have an active contact channel;
-
another exception provided for in the Terms or applicable law applies.
-
-
The Service Provider is not required to obtain the User’s prior consent for a moderation action.
§ 94. Simultaneous login and sessions
-
The User may be logged in to the same Account simultaneously on more than one device or in more than one browser.
-
The Portal does not currently provide:
-
a list of all active sessions;
-
a list of devices logged in to the Account;
-
a “log out from all devices” function.
-
-
The User should take particular care to protect access to devices on which the User remains logged in.
-
If unauthorised access is suspected, the User should:
-
reset the password;
-
secure the e-mail mailbox;
-
contact the Service Provider.
-
-
The Service Provider may technically invalidate selected or all Account sessions where necessary for security, Moderation or data-protection reasons.
-
A login session may expire without a specific period being stated, in particular as a result of:
-
inactivity;
-
expiry of the validity period;
-
changing or resetting the password;
-
technical work;
-
logging out;
-
an Account restriction;
-
operation of Portal safeguards.
-
§ 95. Service Provider access to Account data
-
The Service Provider may access Account data to the extent necessary to:
-
provide services;
-
handle reports and complaints;
-
assist the User;
-
recover or secure the Account;
-
conduct Moderation;
-
prevent abuse;
-
correct technical errors;
-
ensure security;
-
fulfil a legal obligation;
-
protect the rights of the Service Provider, User or a third party.
-
-
Administrative access should be limited to the scope necessary in the relevant matter.
-
The Service Provider may, in particular:
-
view Account data stored in the system;
-
change or remove public Profile elements in cases provided for in the Terms;
-
change the e-mail address after appropriate verification;
-
block or restrict the Account;
-
reset or invalidate sessions;
-
perform other actions necessary to operate the Portal.
-
-
The Service Provider’s access to the Account does not mean that the Service Provider has the right to use the Account as its owner or publish Content on behalf of the User without an appropriate basis.
-
The rules governing data processing in connection with administrative access are described in the Privacy Policy.
§ 96. No temporary Account deactivation
-
ReputoNode does not currently provide a function for temporary deactivation, hiding or suspension of an Account at the User’s request.
-
A User who wishes to temporarily stop using the Portal may:
-
log out;
-
stop publishing and engaging in other activity;
-
delete selected own Posts;
-
begin the Account-deletion procedure.
-
-
Merely ceasing to use the Portal does not hide the Profile, Content or Reputation.
-
A temporary Account restriction or suspension may be applied by the Service Provider under the rules set out in the Terms.
§ 97. Prohibition on selling and transferring an Account
-
Without the Service Provider’s consent, the User may not:
-
sell the Account;
-
transfer the Account to another person for payment or free of charge;
-
rent out the Account;
-
make the Account available for operation by an unauthorised person;
-
transfer Topic Reputation to another person or entity;
-
present the Account as belonging to a person other than its actual owner or the entity on whose behalf it is maintained.
-
-
Topic Reputation is associated with the activity of a specific Account and may not be sold, inherited, exchanged or transferred between Accounts.
-
In the case of an Account maintained on behalf of a company, organisation, institution, group or project, the person responsible for the Account may be changed if:
-
the new person is properly authorised;
-
login credentials are properly secured;
-
the change is not intended to circumvent the prohibition on selling an Account or to manipulate Reputation;
-
an appropriate explanation or confirmation of entitlement is provided at the Service Provider’s request.
-
-
Breach of the prohibition on selling or transferring an Account may result in restriction or blocking of the Account.
§ 98. Death of a User or loss of ability to manage the Account
-
A report concerning the death of a User or the User’s permanent loss of the ability to manage the Account is considered individually.
-
The person making the report may be asked to provide reliable documents confirming:
-
the User’s death;
-
the reporting person’s identity;
-
the relationship with the User;
-
authority to act;
-
other circumstances relevant to consideration of the matter.
-
-
The Service Provider may limit the scope of required documents to information necessary to assess the report.
-
Depending on the circumstances, applicable law and documents provided, the Service Provider may:
-
secure the Account;
-
temporarily block the ability to log in;
-
restrict public visibility of selected data;
-
begin the Account-deletion procedure;
-
refuse to transfer access to the Account;
-
take another action required by law.
-
-
The Service Provider does not provide a third party with the Account password or login-enabling data solely on the basis of a claim of kinship or acquaintance with the User.
-
Topic Reputation is not inherited or transferred to another person’s Account.
Chapter 9
Publishing Posts, Comments and Replies
§ 99. Entitlement to publish Content
-
Posts, Comments and Replies may be published only by a User who:
-
has an active Account;
-
is logged in to the Account;
-
has access to the relevant Portal function;
-
has an Account that is not subject to a restriction preventing publication;
-
has not requested Account deletion or has cancelled such a request before the waiting period expires.
-
-
Publishing Content means a conscious decision by the User to make it publicly available.
-
Posts, Comments and Replies are publicly available also to Visitors.
-
ReputoNode does not provide the ability to publish Posts, Comments or Replies visible only to selected Users.
-
The author is responsible for the Content in its original wording and for the decision to publish it.
§ 100. Elements of a Post
-
Publishing a Post requires:
-
providing a title;
-
selecting one Post Type;
-
assigning the Post to exactly one Thematic Category;
-
specifying a Location or leaving the default global Publication Scope;
-
including at least one element of substantive Content.
-
-
Substantive Post Content may consist, in particular, of:
-
text;
-
a link;
-
a photo;
-
a video;
-
a combination of several supported elements.
-
-
A Post may consist solely of one supported element, in particular text only, a link only, a photo only or a video only.
-
A Post completely devoid of substantive Content cannot be published.
-
The title is a separate element from the main Post Content.
-
The User should give the Post a title corresponding to its actual content and not misleading recipients.
-
Current technical requirements of the publication form may be indicated directly in the Portal interface.
§ 101. Post Types
-
Before publishing a Post, the User selects one of the following types:
-
MAKES;
-
SHARE;
-
KNOW_HOW;
-
VOICE.
-
-
The MAKES type is used for publishing Content in which the User presents something that the User created, built, made or achieved.
-
The SHARE type is used for sharing something that the User saw, found, learned about or created and wishes to make available to the community.
-
The KNOW_HOW type is used for explaining issues, sharing knowledge, teaching, presenting instructions, methods or practical ways of doing something.
-
The VOICE type is used for asking questions, commenting, presenting opinions, positions or reflections, or starting a discussion.
-
The User independently selects the Post Type.
-
The Portal does not assign the Post Type automatically and does not guarantee that the author’s choice is correct.
-
The Post Type may affect the manner in which Topic Reputation is calculated.
-
The User should select the type that best corresponds to the actual nature of the Post.
§ 102. Incorrect Post Type designation
-
The Service Provider may change the Post Type if the designation selected by the author does not correspond to its actual content, including where Reactions have already been recorded on the Post, its Comments or Replies.
-
An ordinary mistake in selecting the Post Type may be corrected without an additional sanction.
-
A breach of the Terms may include, in particular:
- deliberately selecting an incorrect Post Type;
- repeatedly mislabelling Posts despite earlier information or warnings;
- selecting a Post Type in order to obtain a more favourable Reputation result;
- using an incorrect type to mislead recipients;
- deliberately circumventing rules applicable to individual Post Types.
-
A Post may remain published after its type is changed.
-
The author will be informed about the change made and its basic reason in accordance with the rules concerning Moderation Decisions.
-
If Reactions were recorded before the Post Type was changed, the Portal recalculates their effect on Reputation using the multiplier applicable to the new Post Type. The historical weight of each vote determined when the Reaction was submitted remains unchanged.
§ 103. Thematic Categories
-
Every Post must be assigned to exactly one Thematic Category.
-
It is not possible to:
-
publish a Post without selecting a Category;
-
assign one Post to several Categories at the same time.
-
-
The current list of Categories is available in the Post publication form.
-
Categories available as at the effective date of this version of the Terms include:
-
Digital & IT;
-
Science & Discoveries;
-
Home & Everyday Life;
-
Art & Aesthetics;
-
Business & Career;
-
Technology & Engineering;
-
Style & Beauty;
-
People & Health;
-
Entertainment & Pop Culture;
-
Society & Media;
-
Facts & Events;
-
Travel & Places;
-
Nature & Planet;
-
History & Biographies;
-
Philosophy & Religion;
-
Food & Drinks.
-
-
The User should select the Category that best corresponds to the main subject of the Post.
-
If a Post concerns several areas, the author should select the Category corresponding to its dominant content or main purpose of publication.
-
Assignment to a Category affects, in particular:
-
organisation and filtering of Content;
-
the manner in which the Post is presented;
-
the Category in which Reactions affect the Reputation of the author of the Post, Comments and Replies.
-
-
The Service Provider may develop, merge, rename or withdraw Categories in accordance with the rules concerning development of the Portal.
§ 104. Incorrect Category assignment
-
The Service Provider may change the Category of a Post if the Category selected by the author does not correspond to the main content of the Post, including where Reactions have already been recorded on the Post, its Comments or Replies.
-
An ordinary mistake may be corrected without an additional sanction.
-
A breach of the Terms may include, in particular:
- deliberately publishing Posts in incorrect Categories;
- repeating incorrect assignments despite earlier information or warnings;
- using an inappropriate Category to increase visibility;
- using an inappropriate Category to affect Reputation;
- mass-publishing the same Content in different Categories.
-
A Post may remain published after the Category is changed.
-
The author will be informed about the change made and its basic reason in accordance with the rules concerning Moderation Decisions.
-
Reactions from other Users may reflect their assessment of whether a Post has been correctly categorised, but submitting an R− Reaction does not replace Moderation or reporting a violation.
-
If Reactions were recorded before the Category was changed, the Portal reassigns the historical Reactions to the new Category and recalculates their effect on Reputation. The historical weight of each vote determined when the Reaction was submitted remains unchanged, and current Reputation values in the affected Categories are rebuilt from the updated history.
§ 105. Post Location
-
The default Publication Scope of a Post is global.
-
The User may leave the global scope or voluntarily assign a more specific Location to the Post.
-
The Post Location may be specified:
-
using a “Here and now” function or a function of similar meaning;
-
by searching for a place using an entered phrase;
-
by indicating a place on a map;
-
using other mechanisms available in the publication form.
-
-
The “Here and now” function may use the device’s location only after it has been consciously activated by the User.
-
Access to the device’s location requires appropriate permission granted through the browser, operating system or device.
-
The Portal does not automatically obtain the device’s exact location each time the page is accessed.
-
A Location detected using the device may, before publication, be:
-
accepted;
-
changed;
-
replaced with another place;
-
generalised to the level of an area, city, region, country or continent;
-
replaced with Global Scope.
-
-
The User should check the Location before publication because automatic location determination may be inaccurate.
-
A published Location is a public part of the Post.
-
Indicating a Location does not restrict access to the Post by persons outside the relevant area.
-
The User should exercise particular caution when publishing the exact Location of:
-
a place of residence;
-
a current place of stay;
-
a place where other persons are staying;
-
protected facilities or places whose disclosure could create a risk.
§ 106. Original language of Content
-
The language of a Post, Comment and Reply is automatically detected by the Portal.
-
The User does not manually select the original language before publication.
-
The Portal does not currently provide a function for independently correcting the language designation before or after publication.
-
Automatic language detection may be inaccurate, in particular where the Content:
-
is very short;
-
contains words occurring in several languages;
-
contains proper names, abbreviations or specialist designations;
-
combines several languages;
-
consists mainly of numbers, symbols or links.
-
-
The User may include elements in several languages within one Content item.
-
In the case of multilingual Content, the Portal may assign one principal language.
-
Automatic translation of multilingual Content may be less accurate or may not correctly cover all fragments.
-
Incorrect language detection does not change the author’s responsibility for the original Content.
§ 107. Text and formatting
-
Text fields in Posts, Comments and Replies support plain text.
-
Content may contain, in particular:
-
letters;
-
numbers;
-
punctuation marks;
-
paragraphs;
-
emoji;
-
character strings corresponding to internet addresses.
-
-
The Portal does not allow the User to execute custom HTML, JavaScript or other programming code in Content.
-
Entering code, markup or commands does not create an obligation for the Portal to execute or format them.
-
The Portal may technically sanitise, encode or restrict entered text in order to protect security and ensure proper display of Content.
-
Forms may be subject to technical limits indicated directly in the Portal interface.
-
As at the effective date of this version of the Terms, the Terms do not specify a fixed length limit for a title, Post, Comment or Reply.
§ 108. Publication and no prior approval
-
A Post, Comment or Reply becomes public immediately after it has been correctly submitted and saved by the Portal.
-
Content is not normally reviewed or approved by the Service Provider before publication.
-
The absence of prior approval does not mean that Content:
-
complies with applicable law;
-
complies with the Terms or the Community Standards;
-
has been verified by the Service Provider;
-
is true, correct, safe or complete;
-
has been accepted or endorsed by the Service Provider.
-
-
The Service Provider may conduct Moderation after publication, in particular after:
-
independently noticing the Content;
-
receiving a Report;
-
receiving information from an authorised authority;
-
obtaining reliable information about a possible violation.
-
§ 109. No possibility to edit Content
-
Once published:
-
a Post cannot be edited;
-
a Comment cannot be edited;
-
a Reply cannot be edited.
-
-
Before publication, the User should check, in particular:
-
the title;
-
the text;
-
the Post Type;
-
the Category;
-
the Location;
-
Media;
-
links;
-
personal data contained in the Content;
-
the correctness and meaning of the statement.
-
-
The absence of an additional warning in the interface does not release the User from the obligation to check Content before publication.
-
The Service Provider may change the Post Type, Category or an element of Content in cases provided for in the Terms.
-
Technical correction of the way Content is displayed may not be used to make an unauthorised substantive change to the meaning of the author’s statement.
§ 110. Comments
-
Any logged-in User with an active and unrestricted Account may publish a Comment under an available Post.
-
Commenting does not require the consent of the Post author.
-
The author of a Post may not:
-
disable commenting on the author’s own Post;
-
determine which Users may comment;
-
independently delete Comments of other Users.
-
-
An Account in the 30-day waiting period for deletion may not publish new Comments.
-
Posts published before Account deletion was requested may continue to be commented on by other active Users.
-
A Comment should remain related to the Post or the discussion taking place under it.
-
Publishing off-topic, mass, repetitive Comments or Comments without a legitimate purpose may be regarded as spam or abuse.
§ 111. Replies
-
A Reply may be published only under a Comment.
-
It is not possible to create another level of Reply directly responding to an earlier Reply.
-
All Replies in a given thread are assigned to the main Comment.
-
The author of a Comment may not:
-
disable the possibility of replying;
-
determine which Users may reply;
-
independently delete Replies of other Users.
-
-
A Reply should remain related to the Comment, Post or ongoing discussion.
-
A User who wishes to address a specific Reply may do so within another Reply assigned to the same Comment, appropriately indicating its addressee or the quoted fragment.
§ 112. Order of Comments and Replies
-
Root Comments are currently ordered primarily by the Topic Reputation of their author in the Category assigned to the Post, from higher to lower. Where the Reputation value is equal, publication time is taken into account.
-
Replies assigned to a given Comment are displayed chronologically according to publication time.
-
The Portal may in the future change the way discussions are ordered or provide additional sorting settings, taking into account transparent parameters such as publication time, Topic Reputation, Reactions or a setting selected by the person viewing the Content.
-
Changing the order of presentation does not change the author, publication time or original meaning of the Content.
-
Basic information about any material method of ordering discussions is made available to persons using the Portal in the Terms, the interface or other informational materials.
§ 113. Deletion of a Post
-
The author may independently delete the author’s own Post.
-
After a Post is deleted:
-
its title, text, Media, links and other substantive Content cease to be available;
-
the Post is not displayed in the main feed;
-
a Reaction cannot be submitted to the deleted Post itself;
-
the Post page may remain available at its existing address;
-
information is displayed that the Post was deleted by the author;
-
the deletion date may be displayed;
-
existing Comments and Replies remain visible.
-
-
Under the page of a deleted Post, active Users may continue to:
-
publish new Comments;
-
publish Replies;
-
submit R+ and R− Reactions to existing and new Comments and Replies.
-
-
Comments and Replies remaining under a deleted Post continue to affect the Reputation of their authors in the Category previously assigned to the Post.
-
Deletion of a Post by its author does not automatically delete statements of other Users.
§ 114. No independent deletion of Comments and Replies
-
A User may not independently delete a published Comment or Reply using the Portal’s standard functions.
-
Comments and Replies remain public also after:
-
deletion of the Post by its author;
-
cessation of activity by their author;
-
submission by the author of an Account-deletion request;
-
final deletion of the Account, subject to the anonymisation rules.
-
-
A User may ask the Service Provider by e-mail to delete the User’s own Comment or Reply.
-
The request should, where possible, contain:
-
identification of the author’s Account;
-
a link to the Content;
-
a description of the Content;
-
the reason for requesting deletion;
-
information enabling authorship to be confirmed.
-
-
Each request is considered individually.
-
The mere fact of authorship does not guarantee deletion of a Comment or Reply.
-
The Service Provider may grant the request, in particular where:
-
the Content contains personal data whose continued publication is not justified;
-
the Content was published as a result of an obvious mistake;
-
continued availability of the Content could cause material harm;
-
the Content violates applicable law, the Terms or the Community Standards;
-
deletion is required in order to exercise a right of the person concerned;
-
there is another important and duly justified reason.
-
-
The Service Provider may refuse deletion if:
-
authorship cannot be reliably confirmed;
-
retaining the Content is justified by protection of the rights of other persons;
-
the Content is needed to establish, pursue or defend claims;
-
there is a legal obligation to retain it;
-
the request is manifestly unfounded or constitutes abuse.
-
§ 115. Responsibility of the Content author
-
The User is responsible for Posts, Comments and Replies published by the User.
-
Before publication, the author should ensure that the Content:
-
complies with applicable law;
-
does not infringe the rights of other persons;
-
complies with the Terms and Community Standards;
-
does not contain information that the author is not entitled to make public;
-
does not create an unjustified risk to other persons;
-
does not mislead recipients in an unlawful or harmful manner.
-
-
The User is responsible for the User’s statements, opinions, allegations, instructions, recommendations and materials.
-
Publication of Content in ReputoNode does not mean that it has been approved, confirmed or assumed as the responsibility of the Service Provider.
-
The author should distinguish:
-
fact from opinion;
-
personal experience from verified information;
-
an assumption from a certain statement;
-
advertising from an independent recommendation;
-
automatically generated Content from authentic material where lack of a designation could mislead recipients.
-
§ 116. Truthfulness and reliability of Content
-
ReputoNode does not normally verify the truthfulness, completeness or currency of Content published by Users.
-
Content available in the Portal may contain:
-
errors;
-
outdated information;
-
subjective opinions;
-
incomplete data;
-
incorrect conclusions;
-
materials generated or modified automatically.
-
-
Reactions and Topic Reputation do not constitute a guarantee that Content is true.
-
A person using information should verify it using appropriate reliable sources, especially before making an important decision.
-
The Service Provider may moderate misleading Content if it violates applicable law, the Terms or the Community Standards.
§ 117. Specialist Content and advice
-
Content published in ReputoNode may concern, in particular:
-
health;
-
law;
-
finance;
-
safety;
-
technology;
-
other fields requiring specialist knowledge.
-
-
Content published by Users does not replace individual advice provided by a person with appropriate qualifications and knowledge of the recipient’s specific situation.
-
An author publishing specialist Content should:
-
avoid presenting uncertain information as undisputed fact;
-
clearly indicate material limitations and risks;
-
not claim qualifications the author does not possess;
-
provide sources where they are relevant to assessing the credibility of the statement;
-
clearly distinguish general information from individual advice.
-
-
The User should not make decisions that may seriously affect the User’s health, life, safety, legal situation or finances solely on the basis of Content posted in the Portal.
-
The author’s Reputation in a given Category does not constitute formal confirmation of education, professional authorisations or qualifications.
§ 118. Personal data and privacy of other persons
-
The User may not publish another person’s personal data without an appropriate legal basis or consent where required.
-
Particular caution should be exercised when publishing:
-
a residential address;
-
an exact place of stay;
-
a telephone number;
-
a private e-mail address;
-
document numbers;
-
financial data;
-
health data;
-
data concerning private life;
-
private correspondence;
-
information about minors;
-
other data that could expose a person to harm, fraud, harassment or danger.
-
-
The fact that data is known to the author or available elsewhere does not always mean that the author has the right to further disseminate it publicly.
-
When publishing a screenshot, document, message or photograph, the User should remove or obscure data whose disclosure is not necessary.
-
Publishing data for the purpose of the following is prohibited:
-
intimidation;
-
harassment;
-
revenge;
-
exerting pressure;
-
encouraging other persons to attack;
-
causing harm.
-
§ 119. Image, voice and recordings of other persons
-
The User is responsible for holding the rights, consents or other basis permitting public disclosure of:
-
another person’s image;
-
that person’s voice;
-
a recording of a conversation;
-
a video or photograph depicting that person;
-
other materials allowing that person to be identified.
-
-
The User should take into account, in particular:
-
the right to one’s image;
-
the right to privacy;
-
personal rights;
-
personal-data protection;
-
confidentiality of communications;
-
protection of minors.
-
-
A person’s mere participation in an event or conversation does not always constitute consent to public publication of a recording.
-
Publishing materials made or obtained unlawfully is prohibited.
-
Materials depicting minors require particular caution and may not expose them to harm, ridicule, sexualisation, identification of their location or another risk.
§ 120. Quotation
-
The User may quote fragments of other persons’ statements to the extent permitted by law.
-
The Portal does not currently provide an automatic quotation function.
-
A User quoting another person’s statement should:
-
independently copy the relevant fragment;
-
clearly mark the fragment as a quotation;
-
where possible, identify the author and source;
-
not distort the meaning of the statement;
-
not omit context in a misleading manner;
-
limit the scope of the quotation to the justified purpose.
-
-
Quotation may not be used to circumvent copyright or appropriate the essential part of another person’s Content.
-
The User is responsible for ensuring that the quotation and the manner in which it is used comply with applicable law.
§ 121. Promotional Content concerning the User’s own activity
-
A User may publish Content concerning the User’s own products, services, activity, project, company or organisation.
-
Such Content is permitted if:
-
it has been assigned to the appropriate Category;
-
it is consistent with the nature of the selected Post Type;
-
it does not constitute spam;
-
it is not duplicated on a mass scale;
-
it does not mislead recipients;
-
it does not violate provisions concerning advertising, competition or consumer protection;
-
it does not promote goods or services whose advertising or offering is prohibited.
-
-
The User may not use the Portal solely for mass and repetitive publication of promotional materials that provide no value to the community.
-
The Service Provider may restrict or remove promotional Content constituting spam or violating Portal rules.
§ 122. Sponsored Content and benefits received by the author
-
A User may publish Content for which the User has received or is to receive a benefit.
-
A benefit includes, in particular:
-
payment;
-
a free product or service;
-
a discount;
-
commission;
-
a share in revenue;
-
the ability to keep a tested product;
-
another financial or personal benefit connected with publication.
-
-
Content connected with a benefit must clearly inform recipients from the outset of its advertising, sponsored or commercial nature.
-
The designation should be:
-
visible;
-
understandable;
-
placed in the Content or its direct designation;
-
worded appropriately for the language of publication.
-
-
The designation may, in particular, take the form of:
-
“advertisement”;
-
“sponsored material”;
-
“advertising cooperation”;
-
another equally unambiguous message.
-
-
A designation that is unclear, hidden, placed only at the end of lengthy Content or understandable only to some recipients is not sufficient.
-
The author is responsible for complying with legal obligations concerning advertising, sponsorship, recommendations and commercial information.
§ 123. Duplication of Content and spam
-
Mass or repetitive publication of the same or nearly identical Content is prohibited:
-
on one Account;
-
on several Accounts;
-
in several Categories;
-
under multiple Posts;
-
in the form of Posts, Comments or Replies.
-
-
Spam may include, in particular:
-
publishing repetitive advertisements;
-
posting many unrelated links;
-
publishing serial Comments unrelated to the discussion;
-
automated publication;
-
mass promotion of one’s own products or services;
-
repeating Content to increase its visibility;
-
publishing apparently different Content with essentially identical messaging.
-
-
Republishing similar Content does not in itself constitute a violation if justified by a new context, update, continuation or another genuine purpose.
-
Assessment of whether an action constitutes spam may take into account:
-
frequency;
-
number of publications;
-
similarity of Content;
-
relation to the Category and discussion;
-
impact on other Users;
-
intention to circumvent restrictions.
-
§ 124. Valueless and artificially increased activity
-
Publishing Content solely for the purpose of artificially increasing Account activity, visibility or Reputation is prohibited.
-
A violation may include, in particular, serial publication of:
-
Posts devoid of meaningful content;
-
single characters or random text strings;
-
repetitive Comments;
-
Replies unrelated to the discussion;
-
Content intended solely to provoke Reactions;
-
artificial questions or statements serving the exchange of ratings.
-
-
The mere fact that Content is short, simple or has received few Reactions does not automatically mean that it is valueless.
-
Context, frequency, repetition and the actual purpose of the action are taken into account in the assessment.
§ 125. Content created or modified by artificial intelligence
-
A User may publish Content generated or materially modified using artificial intelligence or other automated tools.
-
The author remains responsible for such Content under the same rules as for Content prepared independently.
-
Before publication, the User should check, in particular:
-
the truthfulness of information;
-
the possibility of infringing third-party rights;
-
the presence of personal data;
-
compliance with applicable law and the Community Standards;
-
the possibility of misleading recipients;
-
correct attribution of authorship.
-
-
Content should be clearly designated as generated or materially modified by artificial intelligence where lack of such a designation could mislead recipients.
-
The designation obligation applies in particular to material presenting a realistic but inauthentic:
-
image of a person;
-
voice of a person;
-
course of an event;
-
document;
-
statement attributed to a specific person;
-
proof that a particular action was performed;
-
specialist material suggesting human or expert authorship.
-
-
Artificial intelligence may not be used for:
-
impersonation;
-
fraud;
-
creating false evidence;
-
infringing the rights of other persons;
-
automated publication without the Service Provider’s consent;
-
manipulating Reactions or Reputation;
-
creating prohibited Content.
-
-
Designating the use of artificial intelligence does not release the author from responsibility.
§ 126. Automatic translations of Content
-
The author is responsible for the original Content published by the author.
-
ReputoNode may automatically translate Posts, Comments and Replies in accordance with the rules set out in the Terms.
-
An automatic translation may differ from the original Content and contain errors, simplifications or inaccuracies.
-
The author is not responsible for an error introduced solely by ReputoNode’s translation mechanism if the error was not present in the original Content.
-
If the author notices that an automatic translation may cause a material risk, infringement of rights or serious misleading of recipients, the author may inform the Service Provider.
-
In the event of a discrepancy, the Content in the original language is regarded as the author’s statement.
-
ReputoNode does not guarantee the full accuracy, completeness or consistency of an automatic translation with the author’s intention.
Chapter 10
Photos, videos, links and other materials
§ 127. Media in Posts
-
The User may add Media supported by the Portal to Posts, including in particular:
-
photos;
-
graphics;
-
videos;
-
other supported visual or audiovisual materials.
-
-
One Post may contain any number of Media, subject to the Portal’s technical limitations.
-
Media may be combined in one Post with:
-
text;
-
links;
-
other supported Content elements.
-
-
A Post may consist solely of one Medium if it meets the remaining Post-publication requirements.
-
Current types of supported files, their maximum size and other technical requirements may be indicated directly in the Portal interface.
-
The Service Provider may change supported formats, limits and technical requirements where justified by Portal development, security, performance or technical compatibility.
-
A change to technical file-upload parameters that does not materially restrict the Portal’s basic functions does not require an amendment to the Terms each time.
§ 128. Uploading files to ReputoNode
-
Media may be uploaded directly to ReputoNode infrastructure using functions made available in the Post-creation form.
-
An uploaded file may first be stored temporarily and then moved to a location intended for storage of Media associated with the Post.
-
A temporary file may be deleted if:
-
the User removes it from the Post being created;
-
publication of the Post is not completed;
-
the file is corrupted;
-
processing ends with an error;
-
the file violates technical or security requirements;
-
its technical retention period expires.
-
-
After a Draft is saved or a Post is published, Media may be moved from temporary storage to the target storage area.
-
The Service Provider may assign new technical names to uploaded files independently of the names given by the User.
-
The file name used in the system does not need to correspond to the name previously used for the file on the User’s device.
§ 129. Technical processing of files
-
The User acknowledges that uploaded Media may be technically processed in order to ensure:
-
the ability to save them;
-
compatibility with formats supported by the Portal;
-
proper display;
-
playback on different devices;
-
performance;
-
security;
-
reduced disk-space and data-transfer usage.
-
-
Technical processing may include, in particular:
-
changing the file format;
-
changing the codec;
-
changing the bitrate;
-
changing compression parameters;
-
changing resolution;
-
changing dimensions;
-
file optimisation;
-
creating a thumbnail;
-
creating a version intended for display in the Portal;
-
other technical operations necessary for operation of the Portal.
-
-
Uploaded videos may be automatically converted to a format and codecs supported by ReputoNode.
-
As a result of processing, the original file may be replaced with a processed version.
-
ReputoNode does not guarantee retention of an uploaded file in its original technical form.
-
Processing may change:
-
file size;
-
image parameters;
-
audio parameters;
-
quality;
-
technical properties;
-
metadata.
-
-
A minor loss of quality resulting from the normal technical file-processing process does not constitute improper performance of the service.
§ 130. File metadata
-
Uploaded Media may contain metadata previously recorded by the device, application or software used by the User.
-
Metadata may include, in particular:
-
the file-creation date;
-
the device model;
-
technical parameters;
-
software information;
-
location data;
-
other information stored in the file structure.
-
-
ReputoNode does not guarantee automatic removal of all metadata from every uploaded file.
-
Before uploading a file, the User should check whether it contains data that the User does not wish to disclose or transmit to the Portal.
-
The Service Provider may in the future introduce automatic removal or limitation of certain types of metadata.
-
The mere fact that metadata is not displayed in the Portal interface does not mean that it is not contained in the uploaded file or its technical version.
§ 131. External videos and embedded materials
-
A User may add to a Post a link leading to material located on an external service.
-
If the external service allows the relevant material to be embedded, the Portal may display it directly within the Post.
-
The ability to embed material depends on:
-
the settings of the external service;
-
the settings of the specific material;
-
availability of the external service;
-
technical configuration;
-
the decision of the owner or operator of the external service.
-
-
In particular, a link to a video hosted on YouTube may be displayed as embedded material if YouTube allows that video to be embedded.
-
ReputoNode does not guarantee that external material:
-
can be embedded;
-
will remain available;
-
will play without interruption;
-
will not be changed or removed by its owner or the operator of the external service.
-
-
External material remains stored and made available by the relevant external service unless the User additionally uploaded a copy of it to ReputoNode.
§ 132. External links
-
A User may include links in Posts leading to external websites and services.
-
The User is responsible for knowingly publishing a link and for whether, at the time of publication, its use complies with applicable law, the Terms and the Community Standards.
-
The User is not responsible for a later change to the content of the destination website made without the User’s participation by the owner or operator of that website.
-
If, after publication, the User learns that a link posted by the User leads to unlawful, dangerous or fraudulent Content, the User should inform the Service Provider.
-
ReputoNode is not responsible for:
-
availability of an external website;
-
content published by its operator;
-
subsequent changes to its content;
-
security of the external service;
-
its privacy policy;
-
the manner in which data is processed by the third party;
-
transactions concluded outside ReputoNode.
-
-
Accessing an external website may be subject to separate terms and privacy rules of that entity.
§ 133. Automatic link preview
-
The Portal may automatically retrieve publicly available information about the website indicated by the User in order to prepare a link preview.
-
The preview may include, in particular:
-
the page title;
-
description;
-
image;
-
domain or service name;
-
destination address.
-
-
Information used for the preview may come from metadata of the external website.
-
ReputoNode does not guarantee:
-
accuracy of retrieved information;
-
completeness of the preview;
-
consistency of the image with the current content of the website;
-
the ability to create a preview for every link.
-
-
The absence of a preview does not mean that the link is invalid.
-
Creation of a link preview by ReputoNode does not constitute a recommendation, approval or verification of the destination website.
§ 134. Dangerous and prohibited links
-
Publishing links leading in particular to the following is prohibited:
-
malicious software;
-
phishing;
-
websites used to obtain data fraudulently;
-
fraud;
-
Illegal Content;
-
Content infringing third-party rights;
-
websites used to circumvent safeguards;
-
unlawfully distributed works;
-
other resources endangering Users or the Portal.
-
-
The Service Provider may:
-
remove the link;
-
block the possibility of opening it;
-
remove the link preview;
-
restrict visibility of the Post;
-
remove the entire Post;
-
take other moderation measures provided for in the Terms.
-
-
The Service Provider may also block specific domains or addresses where justified by security or repeated violations.
§ 135. Rights to published Media
-
The User may publish only Media to which the User holds the appropriate rights or another legal basis permitting their use in the Portal.
-
The User may, in particular, publish:
-
materials created independently by the User;
-
materials to which the User holds the appropriate rights;
-
materials made available under an appropriate licence;
-
materials for which the owner has granted appropriate consent;
-
third-party materials used within the limits permitted by law.
-
-
The mere fact of finding a photo, video, graphic or other material on the Internet does not mean that the User has the right to further publicly distribute it.
-
The User is responsible for correctly identifying the author or source where required by applicable law, licence terms or the manner in which the material is used.
-
The User may not remove, conceal or alter authorship designations, watermarks or rights information in order to mislead recipients.
-
Detailed rules concerning intellectual-property rights may be set out in further provisions of the Terms.
§ 136. Protected elements contained in a recording
-
The User’s responsibility also covers elements contained within an uploaded photo, video or recording.
-
This applies, in particular, to:
-
music;
-
sound recordings;
-
films;
-
television programmes;
-
graphics;
-
photographs;
-
works of visual art;
-
graphic marks;
-
texts;
-
other protected materials.
-
-
The User should have an appropriate basis for using such elements unless their use falls within the limits permitted by law.
-
The fact that protected material was accidentally or automatically recorded by the User’s device does not always mean that it may be publicly distributed without restriction.
§ 137. Images of other persons
-
The User is responsible for having the right to disseminate the image of a person depicted in a published photo, video or other material.
-
Where applicable law requires the consent of the person depicted, the User should obtain it before publication.
-
The User should also take into account cases where applicable law permits dissemination of an image without consent.
-
ReputoNode does not normally verify before publication whether the User has obtained the required consents.
-
Publication of an image may not infringe:
-
applicable law;
-
privacy;
-
personal rights;
-
personal-data protection;
-
the safety of the person depicted.
-
-
Use of an image for impersonation, fraud, harassment, humiliation or causing harm is prohibited.
§ 138. Voice, conversations and recordings of other persons
-
A User may publish a recording of another person’s voice, conversation or statement only where the User has an appropriate legal basis to do so.
-
The User should take into account, in particular:
-
the right to privacy;
-
personal rights;
-
personal-data protection;
-
confidentiality of communications;
-
copyright or related rights;
-
the reasonable expectation of confidentiality of the conversation.
-
-
The mere fact that the User participated in a conversation does not automatically mean that the User has the right to distribute it publicly.
-
Publishing recordings obtained or used unlawfully is prohibited.
§ 139. Materials depicting minors
-
Although a ReputoNode Account may be held only by an adult, published Media may depict minors.
-
Publishing materials depicting minors requires particular caution.
-
A User may not publish material that:
-
sexualises a minor;
-
depicts the minor in a pornographic context;
-
humiliates or ridicules the minor in a manner capable of causing harm;
-
infringes the minor’s privacy;
-
discloses data that may expose the minor to danger;
-
without justification reveals the minor’s exact location;
-
encourages violence, exploitation or abuse;
-
infringes the minor’s personal rights or other rights.
-
-
The User is responsible for having the consents or other grounds required for publication of material depicting a minor.
-
The Service Provider may apply a particularly cautious moderation approach to materials depicting minors, guided by protection of their safety and rights.
§ 140. Pornographic materials
-
Publishing pornography in ReputoNode is prohibited.
-
The prohibition includes, in particular:
-
materials depicting sexual acts in a pornographic manner;
-
materials created primarily to cause sexual arousal through explicit depiction of genitals or sexual acts;
-
pornographic photographs;
-
pornographic videos;
-
pornographic animations;
-
pornographic materials generated or modified by artificial intelligence.
-
-
Any sexual or pornographic material depicting minors or persons appearing to be minors is strictly prohibited.
-
The prohibition on pornography does not automatically prohibit every material containing nudity.
§ 141. Nudity in materials
-
Material containing nudity may be permitted if its nature, context and manner of presentation are not pornographic.
-
A permissible context may include, in particular:
-
education;
-
medicine;
-
science;
-
history;
-
documentation;
-
art;
-
social information;
-
other justified lawful purposes.
-
-
Materials containing visible intimate body parts should be appropriately censored, covered, blurred or cropped to the extent necessary to comply with Portal rules.
-
In particular, uncensored exposure of genitals or other clearly sexual elements of an image is not permitted unless necessary due to an exceptional lawful and justified context.
-
Merely designating material as artistic, educational or medical does not determine its permissibility.
-
The Service Provider assesses material taking into account:
-
its dominant nature;
-
the manner of presentation;
-
context;
-
purpose of publication;
-
risk to persons depicted;
-
the possibility of access to the Portal by persons without an Account.
-
-
ReputoNode is intended for adult Users, but the public nature of the Portal means that Content should be published taking into account the possibility of incidental access by minors.
§ 142. Graphic materials
-
Materials depicting violence, serious injury, blood, death, corpses, consequences of accidents, warfare or other graphic events may be permitted where there is a justified context for publication.
-
A justified context may include, in particular:
- information about current events;
- education;
- science;
- history;
- documentation;
- warnings about danger;
- social analysis.
-
Graphic materials published primarily for the purpose of the following are prohibited:
- sensationalising suffering;
- humiliating a victim;
- glorifying violence;
- encouraging violence;
- intimidation;
- harassment;
- promoting unlawful conduct.
-
The Service Provider may remove, restrict or appropriately designate material if its form is disproportionate to the justified purpose of publication.
-
Detailed rules concerning graphic materials may be set out in the Community Standards.
§ 143. Materials generated or modified by artificial intelligence
-
Photos, videos and other Media generated or materially modified using artificial intelligence are subject to the rules concerning AI-generated Content.
-
The User should designate material if its synthetic or modified nature is not obvious and lack of a designation could mislead recipients.
-
This applies, in particular, to:
-
deepfakes;
-
realistic fake recordings;
-
a synthetic image of a real person;
-
a synthetic voice of a real person;
-
material depicting an event that did not take place;
-
a modified document;
-
false evidentiary material.
-
-
Use of artificial intelligence does not release the User from the obligation to hold rights to the materials used or from responsibility for the result of publication.
§ 144. Illegal copies and infringement of rights to materials
-
Publishing, making available or knowingly linking to materials distributed in infringement of intellectual-property rights is prohibited.
-
The prohibition includes, in particular:
-
illegal copies of films;
-
illegal streams;
-
illegal copies of music;
-
illegal copies of books;
-
illegal copies of computer programs;
-
cracks;
-
illegal licence keys;
-
tools used to unlawfully circumvent safeguards;
-
other materials distributed without the required rights.
-
-
Publication of information, discussions, analyses or quotations concerning such materials is permitted if the manner of use complies with applicable law and is not intended to facilitate infringement.
§ 145. Corrupted materials or materials threatening the Portal
-
ReputoNode may refuse to accept, process or publish a file if:
-
it is corrupted;
-
it cannot be read correctly;
-
it cannot be processed correctly;
-
it does not correspond to a supported format;
-
it exceeds technical limitations;
-
it contains malicious code;
-
it may pose a security threat;
-
it may disrupt operation of the Portal;
-
processing it would require disproportionate resources.
-
-
The Service Provider may delete such a file even after it has previously been saved if the threat or technical problem is detected later.
-
ReputoNode does not guarantee that every file matching a supported extension can be processed correctly.
-
ReputoNode does not guarantee full antivirus scanning of every uploaded file.
§ 146. Reporting infringements concerning Media
-
A person who believes that published Media infringes that person’s rights may report the matter using the Report mechanism available in the Portal or at legal@reputonode.com.
-
A Report may concern, in particular:
- unlawful use of an image;
- unlawful use of a voice;
- infringement of privacy;
- infringement of personal-data rights;
- copyright infringement;
- infringement of personal rights;
- publication without required consent;
- another violation of law.
-
A Report should, where possible, contain:
- a link to the material;
- identification of the element concerned;
- a description of the infringement;
- information about the right or interest of the reporting person;
- contact details;
- available information allowing the merits of the Report to be assessed.
-
The Service Provider considers such Reports individually.
-
The Service Provider may request additional information or documents where necessary to reliably establish the circumstances.
-
A Report from a person depicted in a photo or video may also be considered where that person does not have a ReputoNode Account.
-
After analysing the matter, the Service Provider may, in particular:
- leave the material unchanged;
- remove the Medium;
- remove the entire Post;
- restrict access;
- request additional explanations from the author;
- take another action required by applicable law or the Terms.
§ 147. Deletion of Media from a Draft
-
The User may remove Media from a Draft while editing it.
-
If Media is removed from a Draft, the corresponding file may be physically deleted from the Portal infrastructure.
-
The file may not be deleted if it is still used by other Content or retention is necessary for technical, security or legal reasons.
-
Deletion of the entire Draft may result in deletion of the associated Media if they are not needed elsewhere.
§ 148. Media after deletion of a published Post
-
After a published Post is deleted, its photos, videos and other Media cease to be publicly presented as Content of that Post.
-
Deletion of a Post does not necessarily mean immediate physical deletion of every associated file from ReputoNode’s technical infrastructure.
-
Files may be temporarily retained after Post deletion where necessary, in particular for:
-
performance of technical and housekeeping operations;
-
periodic deletion of unused files;
-
ensuring security;
-
incident handling;
-
protection against abuse;
-
establishment, pursuit or defence of claims;
-
compliance with a legal obligation;
-
handling backups.
-
-
Once the purpose of further retention ceases, Media should be deleted in accordance with the adopted retention rules and operation of the Portal infrastructure.
-
The Service Provider may use an automatic or periodic mechanism for deleting files that are no longer associated with active Content.
-
The Terms do not guarantee a specific time for physical deletion of a file after deletion of the Post.
-
The rules concerning processing of personal data contained in Media are also set out in the Privacy Policy.
§ 149. Media after Account deletion
-
If the User does not delete the User’s published Posts before final Account deletion, those Posts may remain public after anonymisation of the author in accordance with the Account-deletion rules.
-
Media contained in such Posts also remain publicly available unless removed or restricted under the Terms or applicable law.
-
This applies, in particular, to:
- photos;
- graphics;
- videos;
- other materials stored within the structure of the remaining Post.
-
A User who does not want specific Media to remain in the Portal after Account deletion should delete the Posts containing those Media before beginning the Account-deletion procedure. After requesting Account deletion, the User may for this purpose cancel the request, delete the relevant Posts and then begin the procedure again.
-
Mere deletion or anonymisation of the Account does not guarantee removal of an image, voice, captions, watermarks or other information contained within a Medium.
-
The User should take the above rule into account before beginning the Account-deletion procedure.
-
Independently of the above, an interested person may submit a separate request concerning a specific Medium where that person has a legal basis or another justified basis provided for in the Terms.
§ 150. ReputoNode is not a backup-storage service
-
ReputoNode is not intended for creating backups or long-term archiving of the User’s private files.
-
The User should independently keep original copies of photos, videos and other materials that the User wishes to retain independently of the Portal.
-
The Service Provider does not guarantee the ability to download from the Portal a file in its original technical form.
-
Media may be:
-
processed;
-
compressed;
-
converted;
-
deleted together with Content;
-
deleted for technical reasons;
-
deleted as a result of Moderation;
-
lost as a result of failure despite appropriate protective measures being applied.
-
-
The User should not treat ReputoNode as the only place to store important or irreplaceable materials.
§ 151. No guarantee of continuous availability of Media
-
The Service Provider does not guarantee uninterrupted availability of every photo, video, link or external material.
-
Media may be periodically unavailable, in particular due to:
-
failure;
-
technical work;
-
conversion;
-
network problems;
-
file corruption;
-
problems with an external service;
-
a change to an external link;
-
moderation measures;
-
the need to ensure security.
-
-
ReputoNode may reprocess Media where necessary for compatibility with newer technical infrastructure.
-
A technical change to the method of storing or delivering a file does not change authorship or rights to the published material.
Chapter 11
Copyright, licence and intellectual property
§ 152. User rights to Content
-
The User retains rights to Content published in ReputoNode to the extent that such rights belong to the User.
-
Publishing Content in ReputoNode does not transfer to the Service Provider the User’s economic copyrights or other intellectual-property rights.
-
The User may continue to use the User’s Content outside ReputoNode, in particular by:
-
publishing it on other services;
-
making it available to other persons;
-
licensing it;
-
using it commercially;
-
disposing of the rights held by the User in accordance with applicable law.
-
-
ReputoNode does not acquire exclusivity to use User Content.
-
The User may grant ReputoNode only such rights as the User can lawfully dispose of.
-
If Content is not protected by copyright or the User does not hold certain exclusive rights to it, the provisions of this Chapter apply to the appropriate extent.
§ 153. User declaration concerning rights to Content
-
By publishing Content, the User declares that:
-
the User is its creator or holds appropriate rights to use it;
-
the User has the consents, licences, authorisations or other legal grounds required for publication;
-
the User is entitled to grant ReputoNode the licence specified in the Terms;
-
publication and use of the Content in accordance with the Terms do not infringe third-party rights.
-
-
The User should take into account, in particular:
-
copyright;
-
related rights;
-
image rights;
-
personal rights;
-
trademark rights;
-
design rights;
-
database rights;
-
trade secrets;
-
other intellectual-property rights or rights protected by law.
-
-
If Content was created jointly by several persons, the User is responsible for having the right to publish it and grant a licence to the extent required by the Terms.
-
If the User publishes Content on behalf of a company, organisation, institution, group or other entity, the User is responsible for having appropriate authority to do so.
§ 154. Licence granted to ReputoNode
-
Upon publishing Content, or saving it in ReputoNode to the extent requiring technical processing, the User grants the Service Provider a non-exclusive, royalty-free licence to use the Content to the extent necessary to provide ReputoNode services.
-
The licence is granted without territorial limitation.
-
The licence does not restrict the User’s right to use the Content or grant rights to it to other entities.
-
The licence does not entitle the Service Provider to use User Content for purposes unrelated to operating, providing, securing, moderating or developing ReputoNode, unless the User gives separate consent or another legal basis exists.
-
In particular, acceptance of the Terms alone does not authorise the Service Provider to use User Content in external advertising or promotional materials for ReputoNode.
§ 155. Scope of the licence
-
The licence covers use of Content to the extent necessary for operation of the Portal, in particular by:
-
fixation;
-
storage in information systems;
-
technical reproduction;
-
storage;
-
creation of backups;
-
transmission between systems or servers;
-
making it available to the public in such a way that persons using the Portal may access the Content at a place and time individually chosen by them;
-
displaying it in the Portal;
-
transmission over telecommunications networks;
-
technical adaptation to devices, browsers and methods of presentation;
-
compression;
-
conversion;
-
changing technical file parameters;
-
creating thumbnails and preview versions;
-
technical cropping or scaling;
-
creating and storing translations;
-
presenting automatic translations;
-
performing other technical operations necessary to provide services in accordance with the Terms.
-
-
Use of Content under the licence should remain connected with the operation of ReputoNode.
-
Under this licence, the Service Provider is not entitled to freely edit, change the meaning of or present Content as the Service Provider’s own statement.
§ 156. Automatic translations
-
The licence includes the right to create automatic translations of Content where the Portal provides such a function.
-
Translation may apply, in particular, to:
-
Posts;
-
Comments;
-
Replies;
-
Profile bio;
-
other supported text elements.
-
-
ReputoNode may:
-
transmit Content to a tool or service used to perform the translation;
-
save the resulting translation;
-
store the translation in the database;
-
publicly display the translation to persons using the relevant language version of the Portal;
-
replace or regenerate the translation where technically necessary.
-
-
Automatic translation does not transfer rights to the original Content to the Service Provider.
-
The original version of the Content remains the version constituting the author’s statement.
§ 157. Technical and moderation modifications
-
The Service Provider may make technical changes to Content where necessary for its storage, security, display, processing or availability.
-
Technical changes should not result in an unjustified substantive alteration of the meaning of the User’s statement.
-
Independently of technical changes, the Service Provider may carry out moderation intervention provided for in the Terms.
-
Moderation intervention may include, in particular:
-
changing the Post Category;
-
changing the Post Type;
-
removing a link;
-
removing a Medium;
-
limiting visibility;
-
removing a specific fragment of Content;
-
removing the entire Content.
-
-
The Service Provider may remove only a specific fragment of Content if this is sufficient to remedy the violation and there is no need to remove the entire publication.
-
This applies, in particular, to a fragment containing:
-
unlawfully published personal data;
-
particularly protected data;
-
private contact details;
-
information infringing personal rights;
-
material infringing intellectual-property rights;
-
other Content whose continued public availability is impermissible.
-
-
When removing a fragment of Content, the Service Provider should, where possible, limit the intervention to the part requiring removal.
-
Such action constitutes Moderation and does not mean that the Service Provider assumes authorship of the remaining part of the Content.
§ 158. Duration of the licence
-
The licence applies for the period during which the relevant Content is stored or made available in ReputoNode.
-
In the case of Content remaining in the Portal after Account deletion, the licence remains effective to the extent necessary for continued storage and availability of such Content in accordance with the Terms.
-
This applies, in particular, to the following remaining after anonymisation:
-
Posts;
-
Comments;
-
Replies;
-
Media contained in remaining Posts.
-
-
If Content is deleted, the licence expires to the extent that further use of the Content is no longer necessary.
-
The licence may, however, remain effective for the period necessary to:
-
complete the technical deletion process;
-
delete technical copies;
-
handle backups;
-
preserve evidence of a violation;
-
fulfil a legal obligation;
-
establish, pursue or defend claims;
-
ensure Portal security.
-
-
When the basis for continued storage of the Content ceases, the licence expires to the extent that there is no other legal basis for continued use.
§ 159. Deletion of a Post and the licence
-
Deletion of a Post by the author ends its public availability to the extent specified in the Terms.
-
The licence concerning a deleted Post remains effective only to the extent and for the period necessary to:
-
carry out the technical deletion process;
-
temporarily retain Media;
-
maintain backups;
-
secure systems;
-
handle reports and disputes;
-
fulfil legal obligations;
-
protect or pursue claims.
-
-
Deletion of a Post does not cause expiry of the licence concerning Comments and Replies of other Users that remain public in accordance with the Terms.
§ 160. Comments and Replies
-
The licence concerning a Comment or Reply remains in force for as long as the relevant Content is stored or made available in ReputoNode.
-
Final deletion of the author’s Account does not automatically cause expiry of the licence to Comments and Replies remaining in the Portal after anonymisation.
-
If a Comment or Reply is permanently deleted, the licence expires subject to necessary technical, legal and security retention.
§ 161. No consent to external promotional use
-
Public publication of Content in ReputoNode does not mean that the author consents to the Service Provider using that Content in external advertising or promotional activities.
-
Without a separate basis, the Service Provider does not use User Content, in particular:
-
in paid ReputoNode advertisements;
-
on external ReputoNode social-media profiles;
-
in promotional materials;
-
in promotional press materials;
-
in graphic, video or printed advertisements.
-
-
Use of public Content for such a purpose may take place with the author’s consent or on another basis provided for by law.
-
The provisions of this paragraph do not restrict the possibility of:
-
displaying Content within the Portal itself;
-
generating a preview of a public link;
-
indexing public pages by independent search engines;
-
technically making Content available as necessary for ReputoNode to operate.
-
§ 162. Indexing by search engines
-
Public Content, Profiles and ReputoNode pages may be accessible to Internet search engines.
-
Independent search engines may, in particular:
-
index public pages;
-
display their titles;
-
present Content excerpts;
-
present public graphics or thumbnails;
-
store technical copies or cached versions in accordance with the operator’s rules.
-
-
ReputoNode does not guarantee immediate removal of information from the results of an independent search engine after Content is deleted or changed in the Portal.
-
The Service Provider is not responsible for the operation of independent search engines, subject to obligations arising from applicable law.
§ 163. Sharing public links
-
Any person may share with other persons a link leading to a public Post, Profile or another public ReputoNode page.
-
Sharing a link does not transfer rights to the Content.
-
A person sharing a link does not acquire the right to:
-
copy the entire Content;
-
claim authorship of it;
-
use it commercially without an appropriate basis;
-
distribute Media separately from the Portal where this would require the rights holder’s consent.
-
-
A link may be shared in other services, messages, documents and publications in accordance with applicable law.
§ 164. Public nature of Content and intellectual-property rights
-
Making Content publicly available does not mean that its author waives any rights.
-
Another User or Visitor does not, solely because Content is public, acquire the right to:
-
copy it in full;
-
republish it as that person’s own;
-
remove authorship designations;
-
sell it;
-
create derivative works;
-
use it for advertising;
-
distribute Media beyond the scope permitted by law.
-
-
Use of another person’s Content requires an appropriate legal basis unless the relevant use falls within the limits permitted by law.
§ 165. SHARE Post Type
-
Designating a Post as SHARE does not automatically grant the right to copy or further distribute third-party works.
-
A User using the SHARE type may, in particular:
-
share the User’s own Content;
-
post links;
-
provide information about third-party materials;
-
quote fragments within the limits of the law;
-
publish materials to which the User holds appropriate rights or consents.
-
-
The SHARE type does not remove the obligation to comply with copyright and other intellectual-property rights.
§ 166. Author designation
-
Content published by an active User is, as a rule, presented together with the author designation used in the Portal.
-
The author designation may include, in particular:
-
the Username;
-
the display name;
-
the avatar;
-
a link to the Profile.
-
-
Changes to Profile data may result in corresponding changes to the author designation displayed with earlier Content.
-
In the event of final anonymisation of the Account, the author designation may be removed or replaced with a neutral designation.
-
Anonymisation of the Account does not cause the Service Provider to assume authorship of the Content.
§ 167. Accounts of companies, organisations and other entities
-
A person publishing Content from an Account maintained on behalf of a company, organisation, institution, project or other entity is responsible for having appropriate authorisation.
-
The User should be able to grant ReputoNode the licence required to use the Content.
-
If rights to Content belong to an employer, client, organisation, co-author or another entity, before publication the User should ensure that the User has the right to make it available in this manner.
§ 168. Trademarks, logos and designations
-
Without an appropriate basis, the User may not use the following in a manner infringing third-party rights:
-
trademarks;
-
logos;
-
trade names;
-
company names;
-
organisation designations;
-
designs;
-
other protected designations.
-
-
Mere presentation of another person’s mark or logo is not automatically prohibited if the manner of use complies with applicable law.
-
In particular, a mark or logo may appear in Content in a justified informational, opinion, comparative, documentary or other lawful context.
-
It is prohibited to use another person’s designation in a manner that may unlawfully suggest:
-
an official relationship;
-
authorisation;
-
sponsorship;
-
partnership;
-
that the Content or Account originates from another entity.
-
-
The rules concerning impersonation of other persons or entities apply independently of this paragraph.
§ 169. Reporting an infringement of intellectual-property rights
-
A person who believes that Content available in ReputoNode infringes that person’s intellectual-property rights may submit a Report to the Service Provider.
-
A Report should, where possible, contain:
-
contact details for the reporting person;
-
identification of the right concerned;
-
a description of the protected work, designation or other subject matter of the right;
-
a link or other precise identification of the Content located in ReputoNode;
-
a description of the manner of infringement;
-
information allowing assessment that the reporting person is entitled to make the Report;
-
available evidence or information supporting the claim.
-
-
The Report should be prepared in a manner enabling the Service Provider to identify the Content and assess the alleged infringement.
-
The Service Provider may request additional information where necessary to consider the matter.
§ 170. Action following an infringement report
-
After receiving a credible report, the Service Provider may take appropriate action in relation to the Content.
-
Depending on the circumstances, the Service Provider may, in particular:
-
leave the Content unchanged;
-
temporarily restrict its availability;
-
hide a Medium;
-
remove a fragment of Content;
-
remove the entire Post, Comment or Reply;
-
ask the author for explanations;
-
request identification of the legal basis for using the material;
-
take another action provided for in the Terms or applicable law.
-
-
The Service Provider’s action should be adapted to the nature of the report and the information available.
-
Temporary restriction of Content while a matter is being clarified does not prejudge a final finding of infringement.
§ 171. Verification of the author’s rights
-
In the event of a credible report or reasonable doubt, the Service Provider may ask the author of Content to demonstrate the basis for its use.
-
Depending on the situation, the author may be asked, in particular, to:
-
identify the source;
-
identify the author;
-
indicate the type of licence;
-
provide consent;
-
provide an agreement;
-
demonstrate authorship;
-
indicate a basis for permitted use;
-
provide other information relevant to the matter.
-
-
The Service Provider is not required to request a document in every matter where the circumstances can be established reliably in another way.
-
The scope of information requested should be appropriate to the nature and complexity of the matter.
§ 172. No explanation from the author
-
If the author does not respond to a justified request from the Service Provider to explain the basis for using Content, the Service Provider may keep the Content hidden or removed.
-
Such action may be taken, in particular, where:
-
the infringement report is credible;
-
available information indicates a probable infringement;
-
the author has not provided any basis for use;
-
continued availability could increase the scale of infringement.
-
-
Later submission of credible explanations may be taken into account in a renewed assessment of the matter.
§ 173. False and abusive reports
-
Knowingly submitting false reports of intellectual-property infringement is prohibited.
-
It is prohibited, in particular, to:
-
report Content in relation to which the reporting person knowingly does not hold the rights claimed;
-
submit false documents;
-
deliberately provide false information;
-
use the reporting procedure to silence criticism;
-
submit reports to harass the author;
-
submit manifestly unfounded reports on a mass scale.
-
-
Deliberate abuse of the reporting procedure may result in measures provided for in the Terms.
-
The mere fact that a report is ultimately not upheld does not mean that it was false or abusive.
§ 174. Content generated by artificial intelligence
-
A User publishing Content generated or materially modified using artificial intelligence is responsible for ensuring that it may be used lawfully.
-
ReputoNode does not guarantee that Content generated by an artificial-intelligence tool:
-
is protected by copyright;
-
may be subject to the User’s exclusive rights;
-
does not infringe third-party rights;
-
may be used commercially;
-
was generated in accordance with the terms of the provider of the relevant tool.
-
-
The User should independently check the terms of use of the AI tool and the rights to input and output materials.
-
If AI Content uses or reproduces protected elements belonging to another person, the User is responsible for the lawfulness of publication.
-
A licence to ReputoNode for AI-generated Content is granted only to the extent that the User can effectively grant such an authorisation.
§ 175. Technical providers and limited downstream rights
-
In order to provide ReputoNode services, the Service Provider may use services of technical entities, in particular providers of:
-
server infrastructure;
-
hosting;
-
backups;
-
content-delivery networks;
-
translation;
-
security;
-
other technical services necessary for operation of the Portal.
-
-
The User authorises the Service Provider to enable such entities to use Content only to the extent necessary to perform services entrusted to them.
-
The authorisation referred to in section 2 may not be used to grant third parties the right to independently commercially exploit User Content outside the scope necessary to provide services to ReputoNode.
-
Use of external entities does not transfer the User’s copyright to them.
-
The rules governing personal-data processing by technical service providers are set out in the Privacy Policy.
§ 176. Rights to ReputoNode elements
-
Rights to elements of the Portal that have not been published by Users or other third parties belong to the Service Provider or the relevant entitled entities to the extent arising from applicable law.
-
Protection may include, in particular:
-
the ReputoNode name;
-
the logo, graphic designations and visual identity;
-
the layout and organisation of the Portal interface to the extent that they have an individual and creative character;
-
graphic elements, iconography, composition and manner of presenting functions;
-
source code and object code of the software;
-
system texts, descriptions, messages, documentation and information materials;
-
database structure and databases to the extent covered by legal protection;
-
distinctive designations and terminology used in the Portal;
-
the manner of compiling, presenting and organising Portal elements where it meets statutory requirements for protection;
-
other ReputoNode elements protected by copyright, industrial-property law, database-protection law, unfair-competition law or other applicable provisions.
-
-
Distinctive organisational and functional elements of ReputoNode include, in particular:
-
the system of Post Types designated as: a) MAKES, b) SHARE, c) KNOW_HOW, d) VOICE;
-
the method of assigning Posts to Thematic Categories;
-
the structure and set of Categories used in the Portal;
-
the Topic Reputation system;
-
the manner of presenting Reputation in individual Categories;
-
the connection between Reactions and Topic Reputation;
-
the manner of organising Posts, Comments, Replies, Profiles and User activity;
-
the visual and functional arrangement of the above elements.
-
-
Section 3 does not mean that the Service Provider holds an exclusive right to ideas, methods of operation, rules, functions, thematic categories or the concept of a social networking service as such where those elements are not protected under applicable law.
-
Protection applies, however, to the specific manner of expression, development, compilation, presentation, terminology or technical implementation of ReputoNode elements to the extent that it meets statutory requirements for legal protection.
-
Use of the Portal does not transfer to the User any rights to ReputoNode elements beyond the right to use them to the extent necessary for normal use of the Portal in accordance with the Terms.
-
Without an appropriate legal basis or the Service Provider’s consent, it is prohibited, in particular, to:
-
copy Portal code;
-
copy protected texts, graphics, documentation and materials;
-
copy or reproduce ReputoNode’s visual identity in a manner infringing the Service Provider’s rights;
-
copy a protected layout, compilation or manner of presenting Portal elements;
-
remove or alter copyright notices or other rights notices;
-
create a service impersonating ReputoNode;
-
use the ReputoNode name, logo or other designations in a manner capable of misleading recipients as to affiliation, authorisation, origin or partnership;
-
mass copy, download or reproduce the contents of Portal databases to an extent infringing the Service Provider’s rights;
-
use protected ReputoNode elements to create an imitation of the Portal where such use infringes intellectual-property rights, database rights, rights to designations or unfair-competition provisions.
-
-
Merely creating another service using a similar general idea, function or operating model does not constitute a breach of this paragraph where no specific rights of the Service Provider or other entitled entities are infringed.
-
The Service Provider may seek protection of its rights, in particular in cases of unlawful copying of protected ReputoNode elements, impersonation of the Portal, unlawful use of its designations, copying of protected databases or other actions infringing intellectual-property rights or fair-competition rules.
Chapter 12
R+ and R− Reactions and Topic Reputation
§ 177. Nature of Reactions
-
ReputoNode enables Users to evaluate Content by means of Reactions:
-
R+ — meaning a positive evaluation of Content;
-
R− — meaning a negative evaluation of Content.
-
-
A Reaction is submitted directly in relation to specific Content.
-
A Reaction may be submitted in relation to:
-
a Post;
-
a Comment;
-
a Reply.
-
-
A Reaction concerns the evaluation of the Content to which it was submitted.
-
The effect of a Reaction on Reputation is attributed to the author of the evaluated Content in the Category of the Post with which that Content is associated.
-
In the case of:
-
a Reaction to a Post — the effect concerns the Reputation of the Post author in the Category of that Post;
-
a Reaction to a Comment — the effect concerns the Reputation of the Comment author in the Category of the Post under which the Comment was published;
-
a Reaction to a Reply — the effect concerns the Reputation of the Reply author in the Category of the Post under which the relevant discussion is taking place.
-
-
A Comment or Reply does not have its own independent Category for Reputation purposes.
-
A Reaction does not constitute an official evaluation by the Service Provider or confirmation of the truthfulness, legality or quality of Content.
§ 178. Conditions for submitting a Reaction
-
A Reaction may be submitted only by a logged-in User who has an active Account and access to the Reaction function.
-
A User may submit only one Reaction in relation to given Content.
-
A User may not submit a Reaction in relation to:
-
their own Post;
-
their own Comment;
-
their own Reply.
-
-
Circumventing the prohibition referred to in paragraph 3 is prohibited, in particular by using an additional Account or another person's Account.
-
An Account that is in the waiting period for deletion may not submit new Reactions.
§ 179. Irreversibility of Reactions
-
Once a Reaction has been correctly recorded, the User may not independently:
-
delete it;
-
withdraw it;
-
change it from R+ to R−;
-
change it from R− to R+.
-
-
Before submitting a Reaction, the User should make sure that it reflects their actual evaluation of the Content.
-
The Portal may visually mark a Reaction submitted by a logged-in User, in particular by changing the appearance of the relevant button.
-
The marking referred to in paragraph 3 is visible to the User who submitted the Reaction and serves to indicate that the relevant Content has already been evaluated by that User.
-
The inability to independently change a Reaction does not exclude the possibility of reporting a technical error to the Service Provider.
§ 180. Meaning of R+ and R− Reactions
-
R+ means a positive evaluation of specific Content.
-
R− means a negative evaluation of specific Content.
-
R− may be submitted for any reason resulting from the User's evaluation, in particular where the User considers the Content to be:
-
of little value;
-
incorrect;
-
not useful;
-
poorly substantiated;
-
unreliable;
-
inappropriate for the Category;
-
inconsistent with the User's substantive assessment.
-
-
The User is not required to justify a Reaction they have submitted.
-
R− is not a Report of a violation.
-
If a User considers that Content violates the law, the Terms or the Community Standards, the User should use the appropriate Reporting procedure regardless of whether they also submit an R−.
-
R+ does not mean that the User confirms the truthfulness of all information contained in the Content.
§ 181. Effect of Reactions on Topic Reputation
-
Reactions affect the Topic Reputation of the author of the evaluated Content.
-
As a rule, R+ increases the Reputation of the author of the evaluated Content in the relevant Category.
-
As a rule, R− decreases the Reputation of the author of the evaluated Content in the relevant Category.
-
The relevant Category is always the Category of the parent Post.
-
If a Reaction concerns a Comment or Reply, its effect on Reputation is not attributed to a separate comment category but to the Category of the Post under which the relevant discussion appears.
-
Merely publishing a Post, Comment or Reply does not automatically increase Reputation.
-
Reputation is built primarily on the basis of Reactions received by the author's Content.
-
The number of Content items published does not in itself guarantee higher Reputation.
§ 182. Topic Reputation
-
Reputation is determined separately for each Category.
-
A User may have different Reputation in different Categories.
-
High Reputation in one Category does not automatically result in high Reputation in other Categories.
-
ReputoNode does not calculate one public overall User rating covering all Categories.
-
Reputation is intended to reflect, in particular, how the User's Content is evaluated by other Users within a specific thematic area.
-
Reputation is the result of the Portal system and does not constitute a proprietary right of the User.
§ 183. Reaction weight
-
The effect of a Reaction on Reputation may depend on the Topic Reputation of the person submitting the Reaction in the same Category.
-
A Reaction submitted by a person with higher Reputation in a given Category may have a greater effect on the Reputation of the author of the evaluated Content than a Reaction submitted by a person with lower Reputation in that Category.
-
A Reaction submitted by a User whose Reputation in a given Category is 0.00 also affects the Reputation system.
-
The weight of a Reaction submitted by a person with low or zero Reputation may be lower than the weight of a Reaction submitted by a person with higher Reputation.
-
Having no Reputation in a given Category does not deprive the User of the right to evaluate Content.
-
The exact Reaction weight values do not form part of the Terms.
§ 184. Significance of Post Type
-
Post Type may affect the strength of a Reaction's effect on Reputation.
-
As a rule, Reactions concerning Content associated with KNOW_HOW Posts have the greatest effect on Reputation.
-
Next in terms of impact are, in order:
-
MAKES;
-
VOICE;
-
SHARE.
-
-
The exact multipliers assigned to individual Post Types do not form part of the Terms.
-
The Service Provider may change the multiplier values and the manner in which they are applied as part of the development of the Reputation system.
-
A change in the multipliers does not change the meaning of individual Post Types defined in the Terms.
§ 185. Reputation algorithm
-
Topic Reputation is calculated automatically by the ReputoNode system.
-
The calculation of Reputation may take into account, in particular:
-
the type of Reaction;
-
the Topic Reputation of the person submitting the Reaction;
-
the Post Category;
-
the Post Type;
-
the type of evaluated Content;
-
previous events affecting Reputation;
-
corrections related to Moderation;
-
mechanisms counteracting manipulation of Reputation;
-
other technical parameters of the system.
-
-
The exact mathematical formula, values of weights, multipliers and other algorithm parameters do not form part of the Terms.
-
The Service Provider may develop, change and adjust the Reputation algorithm.
-
Changes may be introduced in particular in order to:
-
improve the quality of the system's operation;
-
increase resistance to manipulation;
-
limit abuse;
-
improve the way in which the substantive value of Content is reflected;
-
improve the stability of results;
-
remove errors;
-
adapt the system to the development of the Portal.
-
-
A change to the algorithm may result in recalculation of existing results.
-
Recalculation may also apply to Reactions submitted before the change was introduced.
-
The Service Provider does not guarantee preservation of the previous Reputation value following a change to the algorithm.
§ 186. Internal Reputation value
-
The system may store an internal Reputation value that differs from the result presented publicly.
-
The internal Reputation value may be positive or zero and may not be lower than 0. An R− Reaction may reduce this value to 0, but not below 0.
-
The internal value may be used in particular for:
-
calculating the public score;
-
determining Reaction weight;
-
making corrections;
-
recalculating results;
-
protecting the system against manipulation.
-
-
The internal Reputation value is not publicly displayed.
-
The User does not have the right to demand display of the raw technical value merely because it relates to their Account.
§ 187. Public Reputation score
-
Public Topic Reputation is presented on a scale from 0.00 to 10.00.
-
The score is presented separately for individual Categories.
-
The public score may not be lower than 0.00 or higher than 10.00.
-
A User may also have a score of 0.00 even if they publish Content in a given Category.
-
The mere fact of publishing Content does not result in the award of a minimum positive Reputation.
-
The public score is a transformation of data used internally by the system and does not directly represent raw Reputation points.
188. Logarithmic and dynamic nature of Reputation
-
The public Reputation score is calculated on the basis of a non-negative internal Reputation value using a logarithmic transformation or another mechanism specified by the Portal's current algorithm.
-
The public Reputation score does not currently depend directly on the scores of other Users and does not change solely because another person's Reputation has changed.
-
A User's public Reputation may change in particular as a result of:
-
receiving a new Reaction;
-
correction of an error;
-
invalidation of a Reaction;
-
Moderation;
-
a change to the algorithm;
-
recalculation of the score.
-
-
The highest-rated User in a Category does not have to have a score of exactly 10.00.
-
Several Users may have the same Reputation score.
-
Reputation is a dynamic score and may change over time.
§ 189. Scope of publicly displayed information
-
The Topic Reputation score is displayed publicly to the extent made available by the Portal.
-
ReputoNode does not publicly display:
-
the raw number of Reputation points;
-
the number of R+ Reactions received;
-
the number of R− Reactions received;
-
the number of Reactions taken into account for a given score;
-
detailed Reputation history;
-
the effect of an individual Reaction on the score;
-
the exact algorithm formula;
-
the individual weights of particular Reactions.
-
-
The Content author does not receive additional information concerning Reactions received solely because they are the owner of the evaluated Content.
-
In principle, the author sees the same public information about their Reputation that is available to other persons.
§ 190. No public information about the author of a Reaction
-
The Content author does not see which User submitted a specific R+ or R− Reaction.
-
Other Users and Visitors also do not see public information about the author of a specific Reaction.
-
Information about who submitted a Reaction may be stored by the system to the extent necessary for:
-
correct operation of Reactions;
-
preventing multiple voting;
-
calculating Reputation;
-
counteracting manipulation;
-
Moderation;
-
security;
-
compliance with legal obligations.
-
-
A Reaction is therefore not anonymous to the ReputoNode system, even if its author is not disclosed publicly.
§ 191. Reactions to a deleted Post
-
Deletion of a Post by its author does not currently automatically reverse the effect of Reactions previously submitted in relation to that Post.
-
The effect of such Reactions may continue to be taken into account in the author's Reputation.
-
Once a Post has been deleted, no new Reactions may be submitted in relation to the deleted Post itself.
-
Reactions may continue to be submitted in relation to Comments and Replies remaining under the deleted Post in accordance with the Terms.
-
The Service Provider may in the future change the way Reactions to deleted Posts are treated.
-
A change may include in particular:
-
retaining the previous effect;
-
partial reversal of the effect;
-
complete reversal of the effect;
-
recalculation of Reputation.
-
-
A change may also be applied to Reactions submitted previously where this is necessary to maintain consistency of the system.
§ 192. Content removed or restricted as a result of Moderation
-
If a Post, Comment or Reply is removed, hidden or restricted as a result of Moderation, the effect of Reactions associated with it may:
-
remain in place;
-
be partially reversed;
-
be completely reversed;
-
be recalculated.
-
-
The manner in which Reactions are treated may depend in particular on:
-
the reason for Moderation;
-
the nature of the violation;
-
the Content's effect on Reputation;
-
identified manipulation;
-
a technical error;
-
the need to maintain consistency of the system.
-
-
A correction may be made manually or automatically.
-
The Service Provider is not required to treat all types of Moderation identically for Reputation purposes.
§ 193. Reactions submitted by an Account that is later deleted
-
Final deletion of a User's Account does not automatically withdraw Reactions previously submitted by that Account.
-
Such Reactions may continue to affect the Reputation of other Users.
-
The Service Provider may, however, invalidate or recalculate such Reactions where there is a justified reason.
-
This applies in particular where:
-
the Account was created for the purpose of manipulating Reputation;
-
the Reactions formed part of organised abuse;
-
automated voting was detected;
-
a technical error occurred;
-
the Reputation algorithm changed;
-
invalidation is necessary to maintain the integrity of the system.
-
§ 194. Deletion of the Account of the author of evaluated Content
-
Final deletion of the Account of the Content author does not require reversal of the previous effect of Reactions merely because the Account is anonymised.
-
Content remaining after Account deletion may continue to be associated with historical Reputation events to the extent technically necessary.
-
The Reputation of the deleted Account is no longer presented as that person's current public Reputation.
-
Deletion of an Account does not automatically result in recalculation of the Reputation of other Users.
§ 195. Prohibition on manipulating Reputation
-
It is prohibited to take actions aimed at artificially increasing or decreasing one's own Reputation or the Reputation of other Users.
-
In particular, it is prohibited to:
-
agree to mutually submit R+ Reactions;
-
organise group submission of R− Reactions against a specific User;
-
create additional Accounts for the purpose of submitting Reactions;
-
use other persons' Accounts for voting;
-
buy Reactions;
-
sell Reactions;
-
offer money in exchange for a specified Reaction;
-
offer products, services, discounts or other benefits in exchange for a specified Reaction;
-
vote automatically;
-
use bots, scripts or other tools to submit Reactions;
-
organise mass voting intended to artificially increase or decrease a score;
-
agree to exchange R+ Reactions;
-
exert pressure on other Users in order to obtain a specified Reaction;
-
take other actions intended to circumvent the rules of the Reputation system.
-
-
The prohibition covers both actions intended to increase one's own Reputation and actions intended to unjustifiably lower the Reputation of another User.
§ 196. Request to evaluate Content
-
A User may ask other persons to review and evaluate their Content.
-
Such a request is permitted if it:
-
is not connected with offering a benefit;
-
does not require submission of a particular Reaction;
-
does not form part of an agreement for reciprocal voting;
-
is not intended as organised manipulation of the system.
-
-
In particular, a User may ask others for an honest evaluation of a Post without indicating whether they should submit R+ or R−.
§ 197. Measures against manipulation
-
If the Service Provider identifies or reasonably suspects manipulation of Reputation, it may take measures necessary to protect the integrity of the system.
-
In particular, the Service Provider may:
-
analyse Reaction history;
-
invalidate individual Reactions;
-
invalidate a group of Reactions;
-
invalidate all Reactions of a specified Account;
-
recalculate Reputation;
-
manually correct a score resulting from abuse;
-
restrict the ability to submit new Reactions;
-
temporarily restrict an Account;
-
block an Account;
-
apply other measures provided for in the Terms.
-
-
When assessing abuse, the Service Provider may take into account in particular:
-
the number of Reactions;
-
voting frequency;
-
links between Accounts;
-
repetition of patterns;
-
the timing of Reactions;
-
the effect on Reputation;
-
previous violations;
-
other available information indicating manipulation.
-
-
A correction may be made manually or automatically.
§ 198. No automatic Moderation based on the number of Reactions
-
A large number of R− Reactions does not currently automatically result in:
-
removal of Content;
-
hiding of Content;
-
blocking the author;
-
initiation of an automatic sanction.
-
-
R− remains an evaluation of Content and does not replace a Report.
-
A large number of R+ Reactions does not currently automatically grant Content a special status or guarantee increased visibility.
-
ReputoNode may in the future use Reactions for additional functions related to presenting, ordering or recommending Content.
§ 199. Use of Reputation within the Portal
-
Reputation may affect the operation of selected Portal functions.
-
Reputation may be used in particular for:
-
displaying a User's score in individual Categories;
-
indicating the best Category on a Profile;
-
filtering Content according to the author's Reputation;
-
sorting Content according to the author's Reputation;
-
ordering Comments;
-
determining Reaction weight;
-
other functions related to substantive evaluation of Content.
-
-
Not all functions listed in paragraph 2 have to be available at the same time.
-
The Service Provider may develop the manner in which Reputation is used as the Portal develops.
-
Reputation does not guarantee a specific position of Content in the feed or search results.
§ 200. Reputation and User qualifications
-
Topic Reputation does not constitute formal confirmation of:
-
education;
-
professional qualifications;
-
professional experience;
-
professional authorisations;
-
a licence;
-
a certificate;
-
membership in a professional organisation;
-
expert status granted by a public or professional authority.
-
-
High Reputation means only the result produced by the ReputoNode system in a given Category.
-
A person using Content should independently assess whether the author has the qualifications required in the relevant field.
-
Reputation should not be treated as the sole criterion when making decisions concerning health, law, finances, safety or other important matters.
§ 201. Changes to the Reputation system
-
The Service Provider may change:
-
the Reputation algorithm;
-
Reaction weights;
-
Post Type multipliers;
-
the method of normalising scores;
-
the manner in which the score is displayed;
-
mechanisms preventing manipulation;
-
the manner in which deleted or moderated Content is taken into account;
-
other technical parameters of the system.
-
-
A change to the system may result in a change to existing scores.
-
The Service Provider may recalculate all or part of Reputation after introducing a change.
-
The User does not acquire the right to retain any particular previous Reputation value.
-
Changes may not be used to arbitrarily assign a particular person a score unrelated to the operation of the system, except for justified corrections resulting from an error, Moderation or abuse.
§ 202. Error corrections
-
Where a technical error is identified, the Service Provider may correct Reputation or Reactions.
-
A correction may include in particular:
-
recalculation of the score;
-
removal of an incorrectly recorded Reaction;
-
taking a valid Reaction into account again;
-
changing the Category in which the effect of a Reaction was taken into account;
-
remedying the effects of incorrect operation of the algorithm.
-
-
A correction may be made manually or automatically.
-
Correcting an error does not constitute an infringement of the User's right to retain a previous Reputation value.
§ 203. Reporting Reputation errors
-
A User may report to the Service Provider a suspected error concerning:
-
a Reaction;
-
Reputation;
-
assignment of a Reaction's effect to an incorrect Category;
-
incorrect calculation of a score;
-
another technical problem concerning the Reputation system.
-
-
A report may be sent to the Service Provider's email address.
-
Where possible, the report should contain:
-
the username;
-
identification of the Content;
-
a description of the problem identified;
-
information facilitating its reproduction.
-
-
The Service Provider may examine the report and make an appropriate correction if it identifies an error.
-
The mere fact that a User disagrees with the level of their Reputation does not mean that there is an error in the system.
-
The Service Provider does not guarantee a change to the score solely because the User is dissatisfied with its value.
§ 204. No right to a specific score
-
The User is not guaranteed:
-
to obtain a specific Reputation;
-
to retain a specific Reputation;
-
to achieve a score higher than another User;
-
to retain their current position in a given Category;
-
to obtain a specific influence of their Reactions.
-
-
Reputation may increase or decrease as a result of operation of the system described in the Terms.
-
A Reputation score does not constitute an obligation of the Service Provider to provide the User with specific visibility or positioning within the Portal.
§ 205. Reputation is assigned to an Account
-
Topic Reputation is assigned to a specific User Account.
-
Reputation may not be:
-
sold;
-
gifted;
-
transferred;
-
combined with the Reputation of another Account;
-
exchanged between Accounts.
-
-
The prohibition also applies where several Accounts belong or belonged to the same person.
-
Creating a new Account does not transfer Reputation from a previous Account.
-
The Service Provider is not required to combine Reputation scores between Accounts.
Chapter 13
Moderation, reporting violations and actions of the Service Provider
§ 206. Moderation rules
-
Content published on ReputoNode is subject to Moderation in accordance with the rules set out in the Terms and the Community Standards.
-
Moderation serves in particular to:
-
respond to Illegal Content;
-
enforce the Terms and the Community Standards;
-
protect the rights of Users and other persons;
-
protect the security of the Portal;
-
counteract fraud, impersonation, spam and other abuse;
-
ensure correct operation of the Reputation system;
-
comply with obligations arising from applicable law.
-
-
Moderation is currently carried out manually by the Service Provider or a person authorised by the Service Provider.
-
ReputoNode does not currently use a mechanism for automatically removing Content solely on the basis of the number of R+ or R− Reactions.
-
The Service Provider may in the future use tools supporting Moderation, provided that applicable law and the rules set out in the Terms are complied with.
§ 207. Initiating Moderation without a Report
-
The Service Provider may initiate Moderation:
-
after receiving a Report;
-
after independently noticing a possible violation;
-
after receiving information from a third party;
-
after receiving information from a competent authority;
-
as a result of detecting a technical problem or security threat;
-
in other cases requiring action in accordance with the law or the Terms.
-
-
Initiating Moderation does not require a prior Report by a User.
-
The Service Provider is not required to continuously and manually monitor all Content published on the Portal.
§ 208. Persons entitled to submit a Report
-
A Report may be submitted by any person or entity, regardless of whether they have an Account on ReputoNode.
-
Reports may be submitted in particular by:
-
Users;
-
Visitors;
-
persons whose rights may be infringed;
-
rights holders;
-
representatives of persons or entities;
-
organisations;
-
public bodies.
-
-
Having an Account is not a condition for a Report to be considered.
§ 209. Reporting channel
-
Reports may be submitted electronically to legal@reputonode.com.
-
ReputoNode also provides an easily accessible “Report” mechanism next to Posts, Comments and Replies. This mechanism is used to report specific Content available on the Portal.
-
Matters concerning an entire Account, Profile, avatar, username, User behaviour or another element for which the Portal does not provide a direct “Report” button may be reported to the address indicated in paragraph 1.
-
The mechanism for reporting Illegal Content is also available to persons who do not have an Account and enables the information required by applicable law to be provided.
-
The reporting mechanism should be user-friendly and enable a sufficiently precise and adequately substantiated Report to be submitted electronically.
-
The email address indicated in paragraph 1 may also be used for other contact with the Service Provider, unless the Portal indicates a separate channel for a specific type of matter.
-
The Service Provider may make additional electronic Reporting channels available.
§ 210. Subject matter of a Report
-
A Report may concern in particular:
-
a Post;
-
a Comment;
-
a Reply;
-
an Account;
-
a Profile;
-
an avatar;
-
a username;
-
a display name;
-
a bio;
-
contact details;
-
a link;
-
a photograph;
-
a video;
-
another Medium;
-
a User's conduct;
-
another element available on ReputoNode.
-
-
An entire Account may be reported, in particular where there is suspicion of:
-
impersonation;
-
spam;
-
repeated violations of the rules;
-
fraud;
-
manipulation of Reputation;
-
other repeated abuse.
-
§ 211. One matter per Report
-
One Report should concern one coherent problem, event, Account or chain of violations.
-
Multiple Content elements may be indicated in one Report if they concern the same problem.
-
In particular, a Report concerning impersonation by one User may simultaneously indicate:
-
use of another person's photograph as an avatar;
-
use of a person's first and last name as the display name;
-
publication of Posts using another person's image;
-
other elements forming part of the same case of impersonation.
-
-
Independent violations concerning other Users or other unrelated matters should be reported separately.
-
The Service Provider may split one Report into several matters if this is necessary for their proper consideration.
§ 212. Content of a Report
-
A Report should be sufficiently precise to enable the problem to be identified and assessed.
-
Where possible, a Report should contain:
-
an exact link to the reported Content, Profile or other element;
-
an indication of what the Report concerns;
-
a description of the alleged violation;
-
justification;
-
identification of the relevant fragments or elements;
-
available evidence;
-
other information that may assist in assessing the matter;
-
the reporter's contact details where required or where the reporter wishes to receive information about the matter.
-
-
The Service Provider may ask the reporter for additional information necessary to consider the matter.
-
The absence of all information does not automatically result in rejection of a Report if the available data is sufficient to assess it.
§ 213. Reports of Illegal Content
-
In the case of a Report concerning Content which the reporter considers illegal, the Reporting mechanism enables the information required by applicable law to be provided.
-
Such a Report should make it possible to provide in particular:
-
an adequately substantiated explanation of the reasons why the reporter considers the specified information to constitute Illegal Content;
-
the exact electronic location of the Content, in particular the exact URL or URLs;
-
where necessary, other information enabling the Content to be identified;
-
the first and last name or name of the reporter;
-
the reporter's email address;
-
a statement confirming that the reporter acts in good faith and believes that the information and allegations contained in the Report are correct and complete.
-
-
In cases where applicable law permits a Report without providing the data referred to in paragraph 2 points 4 and 5, such data is not required.
-
ReputoNode does not make the ability to report Illegal Content conditional on having an Account.
§ 214. Anonymous Reports
-
An ordinary Report concerning a possible violation of the Terms or the Community Standards may be submitted anonymously, unless provisions applicable to the particular type of Report require specific data to be provided.
-
The Service Provider may consider an anonymous Report if it contains information sufficient to assess the matter.
-
The Service Provider may leave a Report without further consideration if:
-
it does not contain information enabling the problem to be identified;
-
it is not possible to obtain necessary supplementary information from the reporter;
-
the absence of contact makes a reliable assessment of the allegations impossible;
-
the Report is manifestly unfounded;
-
the Report is incomprehensible;
-
there is a justified suspicion of abuse of the procedure.
-
-
The absence of contact details may make it impossible to provide the reporter with information about acceptance, progress or outcome of the matter.
§ 215. Confirmation of receipt of a Report of Illegal Content
-
If a Report of Illegal Content submitted using the mechanism referred to in § 213 contains the reporter's electronic contact details, the Service Provider sends confirmation of its receipt without undue delay.
-
The confirmation may be sent automatically or manually.
-
Confirmation of receipt does not mean that the Report has been considered well-founded.
§ 216. Manner of considering Reports
-
Reports are considered in a manner appropriate to the nature of the matter.
-
The Service Provider does not guarantee a specific time for considering every Report.
-
Reports should be considered without undue delay, taking into account:
-
the complexity of the matter;
-
the availability of required information;
-
the need to obtain additional explanations;
-
the nature of the potential violation;
-
the risk to other persons;
-
the number of matters currently under consideration;
-
the organisational capabilities of the Service Provider.
-
-
The absence of a guaranteed response time does not limit obligations of the Service Provider arising from mandatorily applicable law.
-
Decisions concerning Reports should not be made arbitrarily.
§ 217. Priority matters
-
The Service Provider may give priority to certain Reports due to the nature of the risk.
-
Priority may be given in particular to Reports concerning:
-
an immediate threat to life or health;
-
a person's safety;
-
sexual exploitation of minors;
-
material depicting child sexual abuse;
-
serious fraud;
-
impersonation creating a material threat;
-
disclosure of particularly dangerous data;
-
serious cybersecurity threats;
-
other situations requiring an urgent response.
-
-
Priority consideration of one Report may result in later consideration of less urgent matters.
§ 218. Possible Moderation measures
-
After analysing the matter, the Service Provider may apply an appropriate Moderation measure.
-
Depending on the circumstances, the measure may include in particular:
-
taking no action;
-
issuing a warning;
-
changing the Post Category;
-
changing the Post Type;
-
removing a specified part of Content;
-
removing personal data or other information requiring removal;
-
removing a link;
-
removing a Medium;
-
hiding Content;
-
restricting Content visibility;
-
removing the entire Content;
-
restricting the ability to publish;
-
restricting the ability to submit Reactions;
-
restricting other Account functions;
-
temporarily blocking an Account;
-
permanently blocking an Account;
-
correcting Reputation or Reactions;
-
preserving relevant information;
-
other action required by law or necessary to protect the Portal and its Users.
-
-
A measure may concern an individual element or an entire Account.
§ 219. Proportionality of Moderation
-
A Moderation measure should be appropriate to the nature and circumstances of the matter.
-
When making a decision, the following may be taken into account in particular:
-
the nature of the violation;
-
its seriousness;
-
its scale;
-
its duration;
-
repetition;
-
intentionality;
-
previous violations;
-
actual or potential harm;
-
risk to other persons;
-
an attempt to circumvent a previous sanction;
-
the User's response to previous warnings;
-
the possibility of remedying the violation using a less restrictive measure.
-
-
A single minor violation may be resolved through a correction or warning without imposing additional restrictions.
-
The Service Provider is not required to issue a warning before every other Moderation measure.
§ 220. Serious violations
-
In the case of a particularly serious violation, the Service Provider may restrict or permanently block an Account without prior warning.
-
This applies in particular where continued access to the Portal:
-
creates a material threat;
-
is used for serious fraud;
-
is used for criminal activity;
-
involves a serious infringement of the rights of other persons;
-
is used for systematic manipulation of the Portal;
-
poses a serious threat to infrastructure;
-
constitutes an attempt to circumvent a previous permanent sanction;
-
requires an immediate response for another important reason.
-
-
A first violation may result in permanent blocking of an Account if its nature is sufficiently serious.
§ 221. Temporary restriction while a matter is being clarified
-
The Service Provider may temporarily hide Content or restrict an Account while a matter is being clarified if there is a justified need to secure the situation before a final decision is made.
-
Temporary action may be taken in particular where:
-
there is a credible suspicion of a serious violation;
-
continued availability of Content may cause material harm;
-
additional documents need to be obtained;
-
there is a dispute concerning rights to Content;
-
there is a security threat.
-
-
A temporary restriction does not automatically constitute a final finding of a violation.
-
After the matter has been clarified, the Service Provider may:
-
remove the restriction;
-
restore the Content;
-
maintain the restriction;
-
apply another Moderation measure.
-
§ 222. Unfounded Report
-
The mere receipt of a Report does not establish that a violation has occurred.
-
If, after analysis, no basis for action is found, the Content may remain unchanged.
-
If the Content was previously temporarily restricted, it may be restored.
-
Rejection of a Report does not automatically mean that the reporter acted in bad faith.
§ 223. Informing the author about a Moderation Decision
-
If the Service Provider imposes a restriction on a User because information provided by that User has been considered Illegal Content or information inconsistent with the Terms or the Community Standards, the Service Provider provides the User with a clear and specific statement of reasons, provided that it knows the User's relevant electronic contact details and applicable law does not provide for an exception.
-
The statement of reasons is provided no later than on the day the restriction is imposed and, as appropriate to the circumstances, contains at least:
- an indication of the measure applied, in particular removal of Content, disabling access to it, restricting its visibility, restricting specified functions, suspending provision of the service, or temporarily or permanently blocking the Account;
- where applicable, the territorial scope of the decision and the period for which it applies;
- the facts and circumstances on the basis of which the decision was taken, including information as to whether the decision was taken on the basis of a Report, checks carried out on the Service Provider's own initiative or information originating from a competent authority;
- information about the use of automated means to detect Content or make the decision, if such means were used;
- if the decision concerns potentially Illegal Content — an indication of the legal basis and an explanation of the reasons for considering the information illegal;
- if the decision results from non-compliance with the Terms or the Community Standards — an indication of the relevant contractual basis and an explanation of the reasons for considering the information inconsistent with that basis;
- clear information about the available possibilities for challenging the decision.
-
The identity of the person submitting a Report may be disclosed to the User only where this is strictly necessary and lawful.
-
The statement of reasons should be comprehensible and as precise and detailed as may reasonably be expected in the circumstances, in order to enable the User to make effective use of the available means of appeal.
-
In the case of a User who has an Account, the primary channel for providing the statement of reasons is the email address assigned to the Account, unless applicable provisions or the mechanism used provide for another appropriate electronic channel.
§ 224. Exceptions to providing information
-
The obligation to provide a statement of reasons for a Moderation Decision does not apply, or may be fulfilled to a limited extent, only in cases provided for by applicable law.
-
This applies in particular where:
- the Service Provider does not know the User's relevant electronic contact details;
- the restriction results from a legally binding order to which separate information rules apply;
- the information constitutes high-volume misleading commercial content and applicable law excludes the obligation to provide a statement of reasons;
- provision of specified information is prohibited by law or by a legally binding decision of a competent authority;
- another explicit exception provided for by applicable law applies.
-
If a restriction concerns only part of the information and providing the remaining part of the statement of reasons is legally permissible, the Service Provider provides the statement of reasons to the extent possible.
-
Exceptions are not applied for the purpose of arbitrarily depriving a User of information about Moderation or the ability to effectively challenge a decision.
§ 225. Information for the reporter
-
If the reporter provided electronic contact details as part of a Report of Illegal Content made in accordance with the mechanism provided for by applicable law, the Service Provider informs the reporter without undue delay of the decision concerning the reported information and of the available possibilities of appeal or other legal remedies.
-
In the case of other types of Reports, the Service Provider may inform the reporter of the outcome of the matter, but is not required to provide detailed information unless such an obligation arises from law.
-
The scope of information may be limited due to:
-
the User's privacy;
-
personal-data protection;
-
security;
-
legally protected confidentiality;
-
protection of ongoing proceedings;
-
other legal obligations.
-
-
The reporter does not acquire the right to obtain complete Moderation documentation or private data of the Content author.
§ 226. Confidentiality of reporter data
-
The data of the person submitting a Report is not normally disclosed to the author of the reported Content.
-
The author may receive information concerning the allegations and circumstances of the matter to the extent necessary to present their position or understand the Moderation Decision.
-
The reporter's data may be disclosed if:
-
required by law;
-
requested by a competent authority;
-
necessary in legal proceedings;
-
another appropriate legal basis exists.
-
-
The reporter is not provided with private data of the Content author beyond publicly available information, unless an appropriate legal basis exists.
§ 227. Appeal against a Moderation Decision
-
A User may request that the Service Provider reconsider a Moderation Decision.
-
An appeal may be sent to legal@reputonode.com.
-
An appeal does not require the use of a separate technical system on the Portal.
-
An appeal may concern in particular:
- removal of Content;
- hiding or restricting Content;
- removal of a Medium;
- change of Category;
- change of Post Type;
- restriction of Account functions;
- temporary blocking of an Account;
- permanent blocking of an Account;
- another Moderation Decision directly concerning the User.
-
A person who submitted a Report may request reconsideration of the decision concerning that Report if they have justified grounds for challenging it.
-
The Terms do not specify a fixed time limit for lodging an appeal, subject to time limits arising from mandatorily applicable law.
§ 228. Consideration of appeals
-
An appeal is considered by the Service Provider or a person authorised by the Service Provider.
-
The Service Provider may entrust consideration of specified matters to other appropriately authorised persons.
-
On reconsideration, the following may be taken into account:
-
the User's arguments;
-
the original Report;
-
the Content subject to Moderation;
-
available evidence;
-
previous decisions;
-
additional information obtained after the decision was issued;
-
applicable law.
-
-
After consideration of an appeal, the decision may be:
-
upheld;
-
changed;
-
partially reversed;
-
fully reversed.
-
-
If the previous decision was incorrect, the Service Provider may in particular:
-
restore Content;
-
restore Account functions;
-
remove a block;
-
correct Reputation;
-
make another appropriate correction.
-
-
The Terms do not establish a guaranteed time for considering an appeal, subject to time limits arising from applicable law.
§ 229. Abuse of the Reporting system
-
Knowingly abusing the Reporting mechanism is prohibited.
-
Abuse may include in particular:
-
knowingly submitting false Reports;
-
deliberately providing false information;
-
mass-reporting compliant Content in order to harass the author;
-
using Reports to exert pressure;
-
repeatedly submitting the same manifestly unfounded Report;
-
automatically sending Reports;
-
attempting to overload the system or the Service Provider;
-
using the procedure to conduct a dispute unrelated to an actual violation.
-
-
The mere fact that a Report is not upheld does not mean that the reporter committed abuse.
-
Establishing abuse requires the circumstances of the matter to be taken into account, in particular the repetitive nature and character of the conduct.
§ 230. Restrictions on persons abusing Reports
-
In the event of repeated or serious abuse, the Service Provider may restrict the ability of a given Account or User to submit Reports.
-
In the case of a person who does not have an Account, the Service Provider may apply technical measures limiting abuse if they are proportionate and lawful.
-
The Service Provider may in particular:
-
filter obvious spam;
-
limit automated Reports;
-
ignore repeated identical Reports;
-
block technical sources used for mass abuse of the mechanism.
-
-
These measures should not prevent submission of valid reports of Illegal Content to the extent required by law.
§ 231. Prohibition on circumventing an Account block
-
A User whose Account has been permanently blocked may not create or use another Account in order to circumvent the sanction imposed.
-
The prohibition includes in particular:
-
creation of a new Account by the same person;
-
use of another person's Account;
-
creation of an Account using different details;
-
use of an organisation's Account to continue activities covered by the block.
-
-
The Service Provider may block an Account used to circumvent a previous permanent block.
-
The technical ability to detect all cases of circumvention of a block is not guaranteed.
§ 232. Cooperation with competent authorities
-
The Service Provider complies with obligations arising from legally effective orders, decisions and other actions of competent authorities.
-
Where appropriate, the Service Provider may:
- preserve specified data;
- retain information needed for proceedings;
- restrict or remove Content;
- restrict an Account;
- provide information to the competent authority;
- take other actions required by law.
-
Data is provided to authorities only on an appropriate legal basis and to the extent required or permitted by law.
-
If the Service Provider becomes aware of information giving rise to suspicion that a criminal offence threatening the life or safety of a person or persons has been committed, is being committed or is likely to be committed, it promptly informs the competent law-enforcement or judicial authorities and provides the available information in accordance with applicable law.
-
If the Member State of the European Union concerned cannot be identified with sufficient certainty, the Service Provider makes the notification in accordance with the rules laid down by applicable law, in particular to the appropriate authorities in Poland or to Europol.
-
In other cases where commission of a prohibited act is suspected, the Service Provider may or is required to take actions provided for by applicable law.
-
Compliance with a legally binding order of a competent authority does not require that the order be consistent with the Service Provider's previous Moderation assessment.
§ 233. Restoration of Content and correction of an erroneous decision
-
The Service Provider may change a previous Moderation Decision if:
-
it was made on the basis of incomplete information;
-
new evidence has emerged;
-
an error has been identified;
-
the basis for the restriction has ceased to exist;
-
applicable law requires it;
-
another justified reason exists.
-
-
In particular, the Service Provider may restore previously removed or hidden Content if technically possible.
-
If restoration is not technically possible, the Service Provider is not required to recreate the Content from other sources unless such an obligation arises from law.
-
Correction of an erroneous decision may also include an appropriate correction of Reputation or Reactions.
§ 234. Moderation history
-
The Service Provider may store internal information concerning Moderation to the extent necessary for:
-
documenting actions taken;
-
considering appeals;
-
detecting repeated violations;
-
counteracting abuse;
-
protecting security;
-
complying with legal obligations;
-
establishing, pursuing or defending claims.
-
-
Moderation history does not have to be publicly available.
-
The scope and period of processing personal data related to Moderation are specified in the Privacy Policy and applicable law.
§ 235. Development of Reporting and Moderation mechanisms
-
The Service Provider may develop technical Reporting and Moderation mechanisms without changing the basic rules set out in the Terms.
-
In particular, the Portal may introduce:
-
Report buttons next to Content;
-
contextual forms;
-
automatic attachment of the address of the reported Content;
-
selection of the type of violation;
-
the ability to add evidence;
-
a system for confirming receipt of a Report;
-
a panel showing the history of one's own Reports;
-
other functions facilitating proper use of the procedure.
-
-
Introduction of a technical mechanism implementing existing obligations or procedures does not require amendment of the Terms if it does not result in a material change to the User's rights or obligations.
-
Regardless of technical development, ReputoNode provides the mechanisms required by mandatorily applicable law.
Chapter 14
User obligations and prohibited use of the Portal
§ 236. Basic User obligations
-
The User is required to use ReputoNode in accordance with:
-
applicable law;
-
the Terms;
-
the Community Standards;
-
security rules;
-
instructions of the Service Provider concerning security or remedying a violation, provided that they are consistent with the Terms.
-
-
The User may not provide unlawful Content through ReputoNode or use the Portal to carry out activities contrary to law.
-
It is also prohibited to use lawful functions in a manner intended to circumvent the Terms, the Community Standards, Moderation or Portal safeguards.
-
Before publishing Content, the User should independently assess whether they have the right to publish it and whether publication does not violate applicable law or the rights of third parties.
-
ReputoNode does not provide the User with individual legal advice regarding the legality of a planned publication before it is posted.
§ 237. Terms and Community Standards
-
The Terms define the basic and overriding rules for using ReputoNode.
-
The Community Standards elaborate on the rules set out in the Terms and may contain more detailed examples of prohibited Content and conduct.
-
The Community Standards form an integral part of the Terms.
-
In the event of a conflict between the Terms and the Community Standards, the Terms prevail.
-
The catalogue of prohibited conduct and Content set out in the Terms and the Community Standards is not exhaustive.
-
Conduct not expressly listed may be considered prohibited if it:
-
is contrary to law;
-
infringes the rights of other persons;
-
constitutes circumvention of Portal rules;
-
creates a material security risk;
-
constitutes abuse of Portal functions;
-
is manifestly harmful to the Portal or its Users.
-
§ 238. Violence, threats and incitement to crime
-
It is prohibited to publish Content:
-
inciting violence against a specific person or group of persons;
-
containing unlawful threats;
-
encouraging the commission of a criminal offence;
-
praising the commission of a serious criminal offence in a manner capable of encouraging others to act similarly;
-
used to organise or facilitate criminal activity.
-
-
It is prohibited to use ReputoNode to plan, coordinate or commission violence or other criminal offences.
-
Assessment of Content may take its context into account, in particular educational, documentary, historical, scientific, artistic or informational context.
-
Merely invoking such context does not make Content permissible if, in the circumstances, it remains unlawful.
§ 239. Harassment and intimidation
-
It is prohibited to use the Portal for:
-
harassment;
-
persistent stalking;
-
intimidation;
-
making threats;
-
organised targeting of a specified person;
-
encouraging other persons to harass or intimidate.
-
-
Criticism, debate, a negative opinion or a dispute do not in themselves constitute harassment if they remain within the limits of law and Portal rules.
-
When assessing conduct, its frequency, intensity, context, purpose and effect on the person concerned may be taken into account in particular.
§ 240. Hatred and discrimination
-
It is prohibited to publish Content inciting hatred, violence or unlawful discrimination against a person or group of persons on grounds including in particular:
-
race;
-
skin colour;
-
national or ethnic origin;
-
nationality;
-
religion or lack of religious belief;
-
sex;
-
sexual orientation;
-
disability;
-
other legally protected characteristics.
-
-
It is prohibited to dehumanise persons or groups and to portray them as requiring physical elimination, violence or persecution because of the characteristics referred to in paragraph 1.
-
Lawful criticism of views, conduct, ideologies, organisations, political parties, institutions and other social phenomena remains permitted.
§ 241. Religion and beliefs
-
Criticism is permitted of:
-
religions;
-
religious doctrines;
-
beliefs;
-
religious institutions;
-
activities of clergy;
-
religious practices and customs.
-
-
Criticism may be forceful, polemical, satirical or negative if it remains lawful and consistent with the other Portal rules.
-
In particular, the following unlawful conduct is prohibited:
-
threats;
-
incitement to violence;
-
harassment of persons on grounds of religion;
-
incitement to hatred;
-
conduct consisting in publicly insulting an object of religious worship or a place intended for the public performance of religious rites where the elements of a prohibited act are met.
-
-
The mere fact that a statement is offensive, controversial or contrary to another person's beliefs does not automatically establish a violation of the Terms.
§ 242. Terrorism and extremist activity
-
It is prohibited to use ReputoNode to support terrorist activity.
-
In particular, it is prohibited to:
-
incite the commission of a terrorist act;
-
organise terrorist activity;
-
recruit for a terrorist organisation;
-
raise funds for terrorist activity;
-
publish material intended directly to facilitate the commission of a terrorist act;
-
promote terrorist organisations in a manner intended to support them or recruit for them.
-
-
Content concerning terrorism may be permitted where published for purposes that are:
-
informational;
-
journalistic;
-
historical;
-
research-related;
-
educational;
-
critical;
-
documentary,
-
-
provided that its actual purpose is not to support terrorist activity.
§ 243. Instructions concerning criminal offences
-
It is prohibited to publish instructions whose actual purpose is to enable or materially facilitate the commission of a serious criminal offence.
-
The prohibition may include in particular instructions concerning:
-
committing fraud;
-
theft;
-
burglary;
-
bypassing safeguards in order to obtain unauthorised access;
-
manufacturing explosives for the purpose of causing harm;
-
concealing or laundering proceeds of crime;
-
other serious unlawful activities.
-
-
The prohibition does not automatically cover materials that are:
-
educational;
-
scientific;
-
historical;
-
journalistic;
-
related to cybersecurity;
-
warning about criminal methods,
-
-
if their nature and context do not indicate actual facilitation of crime.
§ 244. Protection of minors against sexual exploitation
-
ReputoNode applies an absolute prohibition on Content depicting the sexual exploitation of minors.
-
In particular, it is prohibited to:
-
publish, transmit or distribute such material;
-
provide links leading to such material;
-
search for such material using Portal functions;
-
sexualise minors;
-
encourage other persons to sexually exploit minors;
-
offer or request such material.
-
-
It is prohibited to use the Portal for grooming or other activities aimed at the sexual exploitation of a minor.
-
In particular, it is prohibited to:
-
induce a minor to engage in sexual activity;
-
induce a minor to send nude or sexual material;
-
arrange a meeting for a sexual purpose;
-
make sexual propositions to a minor for the purpose of exploiting them.
-
-
The prohibitions set out in this paragraph apply irrespective of the fact that opening an Account on ReputoNode is intended exclusively for adults.
§ 245. Pornography and sexual services
-
Publishing pornography on ReputoNode is prohibited.
-
It is also prohibited to:
-
publish links leading directly to pornographic material;
-
promote paid sexual services;
-
offer sexual services;
-
seek clients for such services;
-
act as an intermediary in providing such services;
-
use the Portal primarily to direct recipients to pornographic content.
-
-
Rules concerning permitted material containing nudity in a medical, scientific, educational, artistic, historical or similar context are also set out in other provisions of the Terms and the Community Standards.
§ 246. Intimate Content without consent
-
It is prohibited to publish or distribute intimate photographs, videos or other material concerning a person without an appropriate legal basis or the required consent of that person.
-
The prohibition also covers material:
-
originally obtained with consent where that consent did not cover further distribution;
-
obtained unlawfully;
-
manipulated;
-
generated using artificial intelligence;
-
constituting a deepfake;
-
credibly depicting a person in a sexual or intimate situation that did not in fact occur.
-
§ 247. Suicide and self-harm
-
It is prohibited to use ReputoNode to encourage a specific person to commit suicide or self-harm.
-
Content may also be prohibited where its principal purpose is to:
-
promote suicide;
-
encourage self-harm;
-
pressure a person to harm themselves;
-
present suicide as an action the recipient should pursue.
-
-
Lawful Content concerning the following is permitted in particular:
-
mental health;
-
personal experiences;
-
prevention;
-
seeking help;
-
supporting other persons;
-
education and research,
-
-
provided that it is not intended to promote or facilitate self-harm.
§ 248. Illegal trade in goods and services
-
It is prohibited to use the Portal to sell, buy, offer, advertise or act as an intermediary in the trade of goods and services whose trade is prohibited by law.
-
The prohibition includes in particular cases concerning:
-
illegal drugs and other prohibited substances;
-
unlawfully offered weapons;
-
explosives;
-
stolen goods;
-
documents or data used for fraud;
-
other goods and services whose offering is unlawful.
-
-
ReputoNode may be used to lawfully present, promote or advertise products and services.
-
The User is responsible for ensuring that their offer or advertisement complies with law.
-
ReputoNode is not currently a specialised platform intermediating in the conclusion of contracts between clients and contractors, nor a classified-advertising service, even if User Content may lead to business contact being established.
§ 249. Fraud and data theft
-
It is prohibited to use the Portal for fraud or attempted fraud.
-
In particular, the following is prohibited:
-
phishing;
-
obtaining login credentials by deception;
-
obtaining financial data by deception;
-
fraudulent fundraising;
-
fraudulent investments;
-
pyramid schemes;
-
impersonation for the purpose of obtaining money or data;
-
knowingly directing Users to websites used for fraud;
-
other activities aimed at unlawfully obtaining a benefit.
-
§ 250. False information and manipulation
-
An ordinary mistake, incorrect opinion or dispute as to facts does not in itself constitute a violation of the Terms.
-
However, knowingly disseminating false information is prohibited where, in the circumstances, this constitutes unlawful conduct, fraud or may cause material actual harm.
-
In particular, it is prohibited to present the following as authentic for the purpose of misleading others:
-
forged documents;
-
fabricated evidence;
-
manipulated recordings;
-
false communications from institutions;
-
artificially generated material depicting events that did not occur.
-
-
Use of manipulated or generated material for satirical, artistic, educational or demonstrative purposes may be permitted if the context does not unlawfully mislead recipients.
§ 251. Access credentials and information enabling unauthorised access
-
It is prohibited to publish, without an appropriate legal basis:
-
another person's passwords;
-
login credentials;
-
authentication tokens;
-
private keys;
-
API keys;
-
access codes;
-
data enabling unauthorised takeover of an Account;
-
other data intended to obtain unauthorised access to a system, Account or data.
-
-
The prohibition does not apply to lawful publication of one's own sample or test data that does not enable unauthorised access.
§ 252. Doxxing and disclosure of third-party data
-
It is prohibited to publish another person's personal data or location information for the purpose of:
-
intimidation;
-
harassment;
-
persecution;
-
creating a threat;
-
enabling other persons to cause harm.
-
-
Publishing an excessive scope of a third party's private data without an appropriate legal basis may also be prohibited, even if it is not accompanied by a direct threat.
-
The User should exercise particular caution when publishing:
-
residential addresses;
-
private telephone numbers;
-
private email addresses;
-
the precise current location of other persons;
-
documents containing personal data;
-
other information capable of infringing privacy or security.
-
§ 253. Confidential information
-
The User may not publish information which they are not authorised to disclose.
-
The prohibition may concern in particular:
-
trade secrets;
-
confidential documents;
-
professional secrets;
-
information subject to a confidentiality obligation;
-
data covered by legally protected secrecy.
-
-
The User is responsible for determining whether they have the right to disclose specified information.
§ 254. Criticism of persons, companies and institutions
-
ReputoNode permits lawful criticism of:
-
persons;
-
businesses;
-
products and services;
-
employers;
-
institutions;
-
organisations;
-
public figures;
-
public authorities;
-
other entities.
-
-
Criticism may be negative, forceful and polemical.
-
The User should distinguish their own opinions from statements presented as facts.
-
The right to criticise does not authorise unlawful conduct, in particular threats, harassment, fraud or infringement of other third-party rights.
§ 255. Impersonation
-
It is prohibited to impersonate:
-
another person;
-
a business;
-
an organisation;
-
an institution;
-
an authority;
-
a project;
-
a brand;
-
another entity,
-
-
in a manner capable of misleading recipients as to the Account's actual identity or affiliation.
-
The prohibition also covers the combined use of elements such as:
-
username;
-
display name;
-
avatar;
-
bio;
-
photographs;
-
manner of communication;
-
published Content.
-
-
Fan, satirical or parody Accounts may be permitted if their nature is presented sufficiently clearly and they do not mislead recipients as to their authenticity.
§ 256. False claims of qualifications
-
It is prohibited to falsely present oneself as a representative of a profession, function or status that the User does not actually hold where this may mislead others.
-
The prohibition applies in particular to falsely presenting oneself as a person holding:
-
medical qualifications;
-
legal qualifications;
-
a professional licence;
-
technical authorisations;
-
a certificate or professional title;
-
a public office.
-
-
The User may describe their experience, interests and knowledge provided that they do not present qualifications they do not hold as actually possessed.
§ 257. Spam and mass activity
-
It is prohibited to use ReputoNode for spam.
-
In particular, the following may be prohibited:
-
repeatedly publishing the same or almost identical Content;
-
mass-publishing Content with no real value for recipients;
-
mass-posting advertising links;
-
automated publishing without the Service Provider's consent;
-
mass creation of Accounts;
-
mass commenting for promotion unrelated to the discussion;
-
artificially generating activity;
-
activities disrupting normal use of the Portal.
-
-
Lawful promotion of one's own products or services does not in itself constitute spam if its manner and frequency comply with Portal rules.
§ 258. Automated data collection
-
Without the Service Provider's consent, it is prohibited to use bots, scripts, crawlers, scrapers or other automated tools for mass:
-
downloading Content;
-
copying Profiles;
-
copying User data;
-
reconstructing databases;
-
performing actions on the Portal;
-
circumventing technical restrictions.
-
-
The prohibition does not apply to normal indexing of publicly available pages by commonly used internet search engines if the crawler:
-
does not circumvent safeguards;
-
respects technical restrictions of the Portal;
-
does not cause excessive load on the infrastructure.
-
-
The Service Provider may technically restrict or block automated access that creates a risk or excessive load.
§ 259. System security
-
It is prohibited, without an appropriate legal basis, to undertake actions aimed at compromising the security of ReputoNode.
-
In particular, it is prohibited to:
-
obtain unauthorised access;
-
attempt to take over other persons' Accounts;
-
circumvent authentication mechanisms;
-
exploit vulnerabilities in order to cause harm;
-
inject malicious code;
-
manipulate requests in order to obtain unauthorised access;
-
deliberately overload servers;
-
carry out DoS or DDoS attacks;
-
bypass safeguards;
-
interfere with data integrity;
-
make unauthorised modifications to the operation of the Portal.
-
-
Scanning, testing or examining security without consent may be considered a violation, in particular where it creates a risk, loads the infrastructure or leads to unauthorised access.
§ 260. Responsible vulnerability reporting
-
A person who accidentally notices a vulnerability or security error may report it to the Service Provider.
-
Merely reporting a vulnerability does not constitute a violation of the Terms.
-
The reporting person should:
-
not exploit the vulnerability for gain;
-
not access other persons' data beyond the scope accidentally exposed;
-
not modify or delete other persons' data;
-
not disrupt operation of the Portal;
-
not disclose information in a manner that increases the threat before allowing the Service Provider to respond.
-
-
The Service Provider may assess the circumstances individually.
§ 261. Reverse engineering and circumvention of safeguards
-
Circumventing the Portal's technical safeguards is prohibited.
-
Decompilation, reverse engineering, analysis or other similar activities are prohibited only to the extent that restricting them is permitted by mandatorily applicable law.
-
These Terms do not exclude rights of which the User cannot effectively be deprived under applicable law.
§ 262. Disrupting operation of the Portal
-
It is prohibited to use ReputoNode in a manner that causes or is intended to cause:
-
destabilisation of the Portal;
-
excessive load on infrastructure;
-
obstruction of use by other Users;
-
disruption of the operation of APIs or internal services;
-
unauthorised interference with data;
-
disruption of communication between system components.
-
-
The Service Provider may apply technical measures restricting such activities.
§ 263. Malware and harmful materials
-
It is prohibited to transmit, publish, distribute or provide links to material intended to infect, damage, take over or disrupt the operation of a device or system.
-
The prohibition includes in particular:
-
viruses;
-
trojans;
-
ransomware;
-
spyware;
-
credential stealers;
-
malicious scripts;
-
other malicious software.
-
-
Discussion of malware for educational, research or cybersecurity purposes may be permitted if the Content is not intended for an actual attack or distribution of malicious software.
§ 264. Voluntary sharing of login credentials
-
The User should keep the login credentials for their Account confidential.
-
The User should not voluntarily disclose their password or other data enabling access to the Account to third parties.
-
If the User voluntarily provides login credentials to another person, the User is responsible vis-à-vis the Service Provider for actions performed by that person using the Account to the extent that such liability is permitted by law.
-
The User may not rely solely on the fact that a particular action was performed by a person whom the User voluntarily enabled to use the Account.
-
The provisions of this paragraph do not apply to unauthorised takeover of an Account without the User's knowledge and consent.
§ 265. Unauthorised Account takeover
-
If a User suspects that their Account has been taken over by an unauthorised person, they should inform the Service Provider as soon as reasonably possible.
-
Cases of unauthorised Account takeover are assessed individually.
-
The Service Provider does not automatically assume that all actions performed from a compromised Account were carried out by its rightful User.
-
In order to secure the Account, the Service Provider may:
-
temporarily restrict access;
-
require an access-recovery procedure;
-
invalidate specified sessions;
-
remove or restrict Content published by the unauthorised person;
-
make corrections to Reputation or Reactions;
-
take other appropriate security measures.
-
§ 266. Circumvention of Moderation and restrictions
-
Deliberate circumvention of Moderation measures is prohibited.
-
The prohibition includes in particular:
-
republishing Content removed because of a violation without remedying the cause of the violation;
-
creating a new Account in order to circumvent a block;
-
using another person's Account in order to circumvent a restriction;
-
publishing the same prohibited Content in a modified form solely to avoid detection;
-
circumventing restrictions concerning Reactions;
-
circumventing blocks on domains, links or other technical safeguards.
-
-
Republishing Content may be permitted if it has been appropriately modified so that the reason for the previous violation no longer exists.
§ 267. Instructions concerning security and remedying violations
-
The Service Provider may request that the User take a specified action if this is necessary to:
-
remedy a violation;
-
secure an Account;
-
protect other persons;
-
secure infrastructure;
-
clarify a serious suspicion of abuse.
-
-
The instruction should be related to use of the Portal and remain consistent with the Terms and the law.
-
The User should comply, within a reasonable scope, with an instruction that is consistent with the Terms.
-
Failure to cooperate may result in further Moderation action if justified by the nature of the matter.
§ 268. Commercial material and advertising
-
A User may publish Content concerning their lawful products, services, professional or business activity.
-
Such material may not:
-
constitute spam;
-
mislead recipients;
-
promote unlawful activity;
-
infringe third-party rights;
-
circumvent rules concerning disclosure of sponsored Content.
-
-
If the User receives remuneration, a product, service or other benefit for publishing Content, they should clearly disclose the commercial or sponsored nature of the publication to the extent required by law and Portal rules.
§ 269. Educational, documentary, scientific, artistic and satirical context
-
Moderation may take into account the context of Content, in particular where it is:
-
educational;
-
scientific;
-
historical;
-
journalistic;
-
documentary;
-
artistic;
-
satirical;
-
critical;
-
warning-oriented.
-
-
Content that in another context could be considered prohibited may be permissible if its actual purpose, manner of presentation and scope justify its publication.
-
Context does not, however, make lawful Content whose publication is prohibited by mandatorily applicable law.
-
When assessing Content, the Service Provider may also take into account whether only the scope of material necessary to achieve a lawful informational, educational or documentary purpose was published.
§ 270. User responsibility for published Content
-
The User is responsible for Content published through their Account to the extent resulting from applicable law.
-
In particular, the User should have an appropriate basis for:
-
publishing works belonging to other persons;
-
using the image of other persons;
-
publishing personal data;
-
disclosing confidential information;
-
using designations, marks and other protected elements;
-
publishing material received from third parties.
-
-
The technical possibility of publishing specified Content on the Portal does not mean that the Service Provider confirms that publication is lawful.
-
The absence of prior Moderation does not mean that the Content has been approved by the Service Provider.
§ 271. Development of rules concerning prohibited conduct
-
The Service Provider may develop the Community Standards in order to:
-
explain existing rules more precisely;
-
provide examples;
-
respond to new types of abuse;
-
adapt rules to the development of Portal functions;
-
increase User safety.
-
-
Changes that are solely clarifying or organisational may be introduced without changing the basic rules of the Terms.
-
Material changes increasing User obligations or restricting the manner of using the services are introduced in accordance with the rules for amending documents applicable on ReputoNode.
-
When applying restrictions concerning User Content and conduct, the Service Provider should act diligently, objectively and proportionately and take into account the nature and context of the relevant matter.
Chapter 15
Following Users, feed, search and presentation of Content
§ 272. Following Users
-
A User with an active Account may follow other active public Accounts available on ReputoNode.
-
A User may not follow their own Account.
-
Following does not require the consent of the person being followed.
-
A User may stop following another person at any time.
-
Following does not automatically create a reciprocal relationship between Accounts.
-
Following a User does not directly affect that User's Reputation.
-
The mere fact of following a particular Account does not mean support for Content published by that Account or confirmation of its truthfulness.
§ 273. Information about following
-
ReputoNode does not currently automatically inform a User that another Account has started following them.
-
A User does not receive a direct list of persons who follow them.
-
ReputoNode does not publicly display the number of persons following a given Account.
-
ReputoNode does not publicly display a separate counter of persons followed by a given Account.
-
A list of Accounts that a User follows may, however, be available on that User's public Profile.
-
From the list referred to in paragraph 5, other persons may indirectly determine that a specified User follows a given Account.
-
The list of followed Accounts is public and cannot currently be hidden by the Profile owner.
§ 274. No function for blocking followers
-
ReputoNode does not currently provide a function enabling an individual person to be blocked solely in order to prevent that person from following an Account.
-
The absence of such a function does not limit the possibility of reporting a violation or applying Moderation in accordance with the Terms.
-
The Service Provider may in the future introduce mechanisms for blocking or restricting relationships between Users.
§ 275. Removal of a following relationship
-
A following relationship may be ended by the User by unfollowing the relevant Account.
-
Following relationships may also be removed in connection with:
-
deletion of an Account;
-
permanent blocking of an Account;
-
technical operations;
-
correction of an error;
-
Moderation;
-
another justified need related to correct operation of the Portal.
-
-
The Service Provider may make a technical correction to following relationships without User involvement if this is necessary to maintain data consistency.
§ 276. Basic feed
-
ReputoNode provides a feed used to present public Posts.
-
In its basic mode, the feed may present Posts chronologically, from newest to oldest.
-
As a rule, every active public Post may be displayed in the feed regardless of whether its author is followed by a given User.
-
Following the author of a Post does not currently automatically increase the position of that Post in the basic feed.
-
A Post deleted by its author is not presented in the ordinary feed.
-
A Post removed, hidden or excluded from public presentation as a result of Moderation may also be excluded from the feed.
-
A Draft is not presented in the public feed.
§ 277. Feed filtering
-
ReputoNode may enable Posts to be filtered according to specified parameters.
-
Filters may include in particular:
-
Category;
-
Post Type;
-
authors followed by the User;
-
location or geographical scope;
-
the author's Reputation;
-
publication date;
-
occurrence of specified text in the title;
-
other parameters available on the Portal at a given time.
-
-
Filtering by date may enable, in particular, specification that a Post is to be:
-
older than a specified date;
-
newer than a specified date.
-
-
Text search within filters may include:
-
the original Post title;
-
an available translation of the title if it has previously been created and saved in the system.
-
-
ReputoNode is not required to provide a filter by Content language.
-
The range of available filters may change as the Portal develops.
§ 278. Location and Post visibility
-
A Location assigned to a Post may be used for filtering or organising Content.
-
A Location does not in itself restrict the public visibility of a Post.
-
A Post may be presented to a User regardless of the User's actual or declared location.
-
This applies both to Posts assigned to a specific place and to Posts marked with Global scope.
-
The Service Provider may in the future use Location as one of the parameters for sorting or matching Content.
§ 279. Development of feed sorting
-
Chronological ordering of Posts does not have to be the only way of organising the feed.
-
The Service Provider may in the future introduce other methods of sorting or presenting Content.
-
The following may be used in particular when determining the order of Posts:
-
the author's Reputation;
-
freshness of Content;
-
Reactions;
-
Category;
-
Post Type;
-
following relationship;
-
relevance to interests;
-
User activity;
-
Content quality;
-
other parameters related to presentation of Content.
-
-
The exact sorting algorithm does not form part of the Terms.
-
The Service Provider does not guarantee continued use of one particular algorithm for ordering Posts.
§ 280. Possible feed modes
-
ReputoNode may provide different feed modes.
-
In the future, modes may be introduced such as:
-
newest Content;
-
Content from followed persons;
-
recommended Content;
-
Content whose author has high Reputation;
-
thematically matched Content;
-
other presentation methods.
-
-
The Service Provider does not undertake to permanently maintain a chronological feed mode or any other particular mode.
-
Individual modes may be added, changed or removed as part of Portal development.
§ 281. Reputation and Content visibility
-
Reputation may be used as one of the parameters for presenting Content.
-
In the future, the author's Reputation may affect in particular:
-
the position of a Post in the feed;
-
the position of a Comment;
-
filtering results;
-
Content recommendations;
-
other presentation methods.
-
-
The number and type of Reactions may be used as internal system signals even if their number is not displayed publicly.
-
The effect of Reputation on Content presentation does not guarantee a specific position.
§ 282. Content personalisation
-
ReputoNode may in the future personalise the way Content is presented to individual Users.
-
Personalisation may take into account in particular:
-
followed Accounts;
-
Categories used by the User;
-
Content viewed by the User;
-
Reactions submitted by the User;
-
the User's own Reputation in individual Categories;
-
activity on the Portal;
-
Content Location;
-
other signals related to use of the Portal.
-
-
A User's Reputation in a given Category may be one of the signals indicating that the User is particularly interested in Content from that area.
-
In such a case, the Portal may present a greater amount of Content from that Category.
-
The exact personalisation rules may change as the Portal develops.
-
Introduction of personalisation does not guarantee that the User will see only Content consistent with their previous activity.
§ 283. Portal search engine
-
ReputoNode may provide a search engine for public Content and Accounts.
-
The search engine may be available both to logged-in Users and persons who do not have an Account.
-
Persons who are not logged in may in principle access the same public results as logged-in Users, except for functions requiring an Account.
-
Search may cover in particular:
-
Users;
-
usernames;
-
display names;
-
Posts;
-
Post titles;
-
Post Content;
-
tags;
-
Categories;
-
dates;
-
other public information available on the Portal.
-
-
The scope of searchable data may change.
§ 284. Matching search results
-
The search engine may use:
-
exact matching;
-
partial matching;
-
searching for name fragments;
-
searching for title fragments;
-
other matching methods.
-
-
Search may cover both the original Post title and an available saved translation of the title.
-
The absence of a result for a specified query does not mean that the relevant Content does not exist.
-
The Service Provider does not guarantee identical search results for all Users or at all times.
§ 285. Exclusion of Content from search
-
Drafts are not presented in public search results.
-
Deleted Content should not be presented in public Portal search results.
-
Content hidden or excluded from public presentation as a result of Moderation may be removed from search results.
-
The Service Provider may temporarily restrict indexing of specified Content, in particular for technical, security or Moderation reasons.
§ 286. Sorting search results
-
ReputoNode may determine the order of search results using its own technical mechanisms.
-
The order may take into account in particular:
-
relevance to the query;
-
date;
-
the author's Reputation;
-
Category;
-
Content type;
-
other technical parameters.
-
-
The method of sorting results may be changed without preserving the previous algorithm.
-
The User has no right to a specified position of:
-
their Profile;
-
their Post;
-
their Content;
-
other published information
-
-
in search results.
§ 287. Public addresses of Posts and Profiles
-
A public Post may have a direct address enabling it to be opened without prior login, provided that its status permits public display.
-
A public Profile may be available without logging in.
-
Direct links to public Content may be shared by third parties.
-
The fact that a direct link is shared does not change the rules concerning rights to Content set out in the Terms.
§ 288. Indexing by external search engines
-
Public ReputoNode pages may be indexed by external internet search engines.
-
Indexing may include in particular:
-
public Profiles;
-
public Posts;
-
public fragments of Content;
-
titles;
-
other information available without logging in.
-
-
An external search engine may store its own information concerning a previously indexed page.
-
Deletion or modification of Content on ReputoNode does not guarantee its immediate removal from external search-engine results.
-
For some time, an external search engine may display in particular:
-
an old title;
-
a text snippet;
-
an outdated description;
-
a previously indexed address;
-
a copy or data from its own cache,
-
-
to the extent resulting from operation of the relevant external service.
-
The Service Provider does not directly control the speed at which indexes of external search engines are updated.
§ 289. Moderation and visibility
-
Moderation measures may affect Content visibility on the Portal.
-
In particular, Content may be:
-
excluded from the feed;
-
excluded from search results;
-
restricted in a specified part of the Portal;
-
hidden;
-
removed.
-
-
Visibility restrictions imposed as a Moderation measure are subject to the rules set out in the Chapter concerning Moderation.
-
ReputoNode does not currently use a mechanism involving deliberate, hidden restriction of Account visibility solely so that the User does not know that their Content is being restricted.
-
The Service Provider may, however, apply visible restrictions or restrictions resulting from normal operation of the system in accordance with the Terms.
§ 290. No guarantee of visibility
-
Publication of a Post does not guarantee:
-
a specified number of views;
-
display to all Users;
-
a specified position in the feed;
-
a specified position in search results;
-
receipt of Reactions;
-
appearance in recommended Content.
-
-
Visibility may depend on:
-
filters applied;
-
User settings;
-
the sorting algorithm;
-
Reputation;
-
Moderation;
-
search parameters;
-
technical parameters of the Portal;
-
other Content-presentation mechanisms.
-
§ 291. Temporary unavailability of functions
-
Individual functions related to the feed, filtering, search or presentation of Content may be temporarily unavailable.
-
Reasons may include in particular:
-
technical work;
-
an update;
-
a failure;
-
correction of an error;
-
security protection;
-
infrastructure change;
-
testing of new functions.
-
-
The Service Provider does not guarantee uninterrupted availability of every particular filter, sorting method or result-presentation method.
-
Temporary disabling of one auxiliary function does not automatically mean that the entire Portal is unavailable.
§ 292. Development of the Content-presentation system
-
ReputoNode may develop mechanisms for:
-
the feed;
-
sorting;
-
filtering;
-
search;
-
recommendation;
-
personalisation;
-
presentation of Content.
-
-
Technical changes may include in particular introduction of new parameters, new feed modes and new methods of determining Content order.
-
Introduction or modification of a technical mechanism does not require amendment of the Terms if it does not result in a material change to the User's rights or obligations.
-
The Service Provider does not guarantee preservation of the previous appearance or manner of operation of individual functions related to Content presentation.
Chapter 16
Translations and multilingual operation of the Portal
§ 293. Multilingual ReputoNode
-
ReputoNode may be available in multiple language versions.
-
The number and scope of supported languages may change as the Portal develops.
-
The Terms do not specify a closed list of languages supported by ReputoNode.
-
Adding a new language version of the Portal or discontinuing support for a specified language does not require amendment of the Terms if it does not result in a material change to the User's rights or obligations.
-
The language of the Portal interface may be independent of the language in which Content was originally published.
§ 294. Original language of Content
-
Content published by Users has an original language determined by the ReputoNode system.
-
The original language may be determined automatically on the basis of the Content.
-
Automatic language detection may concern in particular:
-
Posts;
-
Comments;
-
Replies;
-
Profile bios;
-
other textual Content supported by the translation mechanism.
-
-
The system does not guarantee error-free language detection.
-
Content containing several languages may be technically assigned to one language considered by the system to be the primary or dominant language.
-
A User may publish Content containing more than one language; however, ReputoNode does not guarantee correct detection or translation of such Content.
-
A User currently cannot independently change the language automatically assigned to published Content.
-
The Service Provider may in the future enable manual correction or reporting of an incorrectly detected language.
§ 295. Preservation of the original version
-
ReputoNode preserves the original version of User Content regardless of translations created later.
-
The original version is associated with the language in which the Content was originally published or which was determined for it by the system.
-
If the User uses the Portal in a language corresponding to the original language of the Content, the Portal may present its original version.
-
A translation does not replace the original Content for the purpose of determining what the User actually published.
-
Deleting a translation does not result in deletion of the original version of the Content.
§ 296. Automatic translation of Content
-
ReputoNode may automatically translate User Content into the language corresponding to the currently selected language version of the Portal interface.
-
Translation may include in particular:
-
the Post title;
-
textual blocks of a Post;
-
Comments;
-
Replies;
-
Profile bios.
-
-
Automatic translation may be performed:
-
using an external provider of translation technology;
-
using the Service Provider's own technical solutions;
-
using language models;
-
using other automatic translation tools.
-
-
The Service Provider may change the technology and provider used to translate Content.
-
The name of a particular translation-technology provider does not form part of the Terms.
§ 297. Creation and storage of translations
-
If a translation of specified Content into the required language already exists, ReputoNode may use the previously stored translation.
-
If a translation does not yet exist, the Portal may create it automatically when there is a first need to display the Content in the relevant language.
-
A created translation may be stored in the system and used repeatedly.
-
ReputoNode is not required to translate Content again each time it is displayed.
-
A change of translation technology does not automatically result in regeneration of existing translations.
-
New technology may be applied only to:
-
new Content;
-
Content that has not yet been translated into the relevant language;
-
Content selected by the Service Provider for retranslation.
-
§ 298. Retranslation
-
The Service Provider may delete an existing automatic translation and generate it again.
-
Retranslation may take place in particular where:
-
a material translation error has been detected;
-
the translation changes the meaning of the original statement;
-
the User has reported a justified problem;
-
a broader problem concerning a specified translation mechanism has been identified;
-
a change of technology may materially improve translation quality;
-
this is necessary for technical or Moderation reasons.
-
-
The Service Provider is not required to automatically retranslate all previously translated Content after every change of technology.
-
The Service Provider may carry out broader retranslation of specified Content if it identifies a justified need.
§ 299. Elements not subject to automatic translation
-
The automatic translation mechanism does not have to cover all elements published on ReputoNode.
-
In particular, tags added by Users are not automatically translated.
-
ReputoNode does not automatically translate text contained within:
-
photographs;
-
graphics;
-
videos;
-
other multimedia files.
-
-
ReputoNode does not automatically translate the content of external websites to which links posted by Users lead.
-
An external website may have its own language mechanisms independent of ReputoNode.
§ 300. Interface language and the way Content is displayed
-
ReputoNode may seek to present textual Content in the language corresponding to the currently selected language version of the interface.
-
If the original language of Content corresponds to the interface language, the Portal may display the original version.
-
If the original language of Content differs from the interface language, the Portal may:
-
display a previously stored translation;
-
automatically create a missing translation;
-
display the original Content if a translation is unavailable.
-
-
The absence of a translation does not automatically result in the Content being hidden.
-
The interface language does not restrict the public visibility of Posts published in other languages.
-
All public Content may be presented regardless of its original language, subject to the other provisions of the Terms.
§ 301. Information about the original language
-
ReputoNode may display an indication next to Content identifying its original language.
-
The indication may in particular take the form of a flag corresponding to the language of the Content.
-
If the indication of the original language differs from the current language version of the Portal, this means that the displayed textual Content may be an automatically translated version.
-
The Portal does not have to display an additional separate “automatically translated” notice next to every Content item if the original-language indication makes it possible to recognise that the User is using a translated version.
-
The graphical manner of indicating language may change as the Portal develops.
§ 302. Access to original Content
-
A User may access the original version of Content by changing the Portal interface language to the language corresponding to the original language of the Content, provided that the relevant Portal language version is available.
-
ReputoNode is not required to provide a separate “Show original” button.
-
The method of accessing the original version may change as the Portal develops.
-
If a specified original language is not available as an interface language version, the ability to display the original may depend on the Portal's current technical functions.
§ 303. Inaccuracy of automatic translations
-
Automatic translations are auxiliary in nature.
-
A translation may contain in particular:
-
errors;
-
inaccuracies;
-
simplifications;
-
incorrectly selected meanings of words;
-
omissions;
-
context-related errors;
-
incorrect translation of colloquial language;
-
incorrect translation of irony, humour or sarcasm;
-
a change in the nuance of a statement.
-
-
The risk of errors may be greater in the case of Content that is:
-
multilingual;
-
specialist;
-
contains abbreviations;
-
contains slang;
-
contains language errors;
-
deliberately ambiguous.
-
-
ReputoNode does not guarantee complete correctness, completeness or consistency of an automatic translation with the author's intention.
§ 304. Priority of the original version
-
In the event of a discrepancy between a User's original Content and its automatic translation, the original version prevails.
-
Automatic translation does not change the legal meaning or authorship of the original statement.
-
If a translation incorrectly changes the meaning of a statement, the User is not responsible for content that they did not actually publish in the original version, subject to applicable law.
-
When determining the actual content of a statement, its original version should be taken into account first.
§ 305. Reactions to translated Content
-
A User may submit an R+ or R− Reaction to Content presented to them in an automatically translated version.
-
Such a Reaction affects Reputation in accordance with the rules set out in Chapter 12.
-
The Content author does not receive information enabling them to determine in which language version a particular person reviewed the Content before submitting a Reaction.
-
In particular, on the basis of publicly available data the author cannot determine whether an R− was submitted after reviewing the original or the translation.
§ 306. Incorrect translation and Reputation
-
A User may report to the Service Provider that an automatic translation of their Content materially changes its meaning.
-
A report may be sent to contact@reputonode.com.
-
The Service Provider may verify:
- the original Content;
- the automatic translation;
- differences in meaning;
- the possible effect of the error on how the Content is perceived;
- the effect on the author's Reputation.
-
If the Service Provider determines that an incorrect translation may have materially contributed to a negative evaluation of the Content, it may:
- delete the incorrect translation;
- generate a new translation;
- invalidate a selected Reaction;
- correct the effect of a specified Reaction on Reputation;
- recalculate the relevant part of Reputation;
- apply another appropriate technical solution.
-
The mere assertion by the author that a translation is unfavourable or that the author received an R− does not automatically result in a correction.
-
A correction may be made following an individual assessment by the Service Provider.
§ 307. Translations and Moderation
-
When making a Moderation Decision concerning the meaning of textual Content, the Service Provider should, where possible, take its original version into account.
-
Automatic translation may be used as an auxiliary tool.
-
In doubtful cases, the Service Provider may use:
-
more than one automatic translator;
-
different language tools;
-
additional available contextual information;
-
explanations from the author or the reporting person.
-
-
The Service Provider is not required to use a sworn translator for Moderation of ordinary Portal Content unless such an obligation arises from law or the specific situation.
-
If a material doubt concerning the meaning of Content cannot be reliably resolved on the basis of available information, that circumstance may be taken into account when making the decision.
§ 308. Translations after Content deletion
-
If original Content ceases to be publicly available as a result of its deletion, automatic translations associated with it should also cease to be publicly available.
-
Translations may be stored technically for a specified period to the same extent that deleted Content may be stored under the Terms, the Privacy Policy or applicable law.
-
Deletion of a translation does not cause additional effects on Reputation beyond the cases specified in the Terms.
§ 309. Translations after Account deletion
-
If Content remains publicly available after final deletion and anonymisation of its author's Account, existing translations of that Content may also remain publicly available.
-
A translation remains associated with the anonymously retained Content and not with the former author's active Profile.
-
The mere deletion of an Account does not create an obligation to retranslate remaining Content.
§ 310. Authorship and rights to translations
-
Automatic translation of Content does not create a new author Account or change information about the Content author.
-
The author of Content presented in translation remains the author of the original Content to the extent resulting from the nature and legal status of the relevant Content.
-
Rights to Content and its automatically generated language versions are determined in accordance with applicable law and the provisions of the Terms concerning copyright and licences.
-
ReputoNode does not require the User to waive rights that may vest in them in an automatically translated version of their Content.
-
Regardless of paragraph 4, the Service Provider may use a translation to the extent necessary to provide ReputoNode services in accordance with the licence specified in the Terms.
§ 311. Translation as an auxiliary function
-
The automatic translation mechanism is an auxiliary ReputoNode function.
-
ReputoNode does not provide professional or certified translation services.
-
Automatic translation should not be treated as:
-
a sworn translation;
-
an official translation;
-
a professional linguistic opinion;
-
a guaranteed interpretation of a statement.
-
-
A User should not base a decision requiring particular accuracy solely on an automatic ReputoNode translation.
-
This applies in particular to:
-
legal documents;
-
contracts;
-
medical information;
-
financial information;
-
safety-related instructions;
-
other information whose incorrect translation may have material consequences.
-
§ 312. Unavailability of the translation mechanism
-
Automatic translations may be temporarily unavailable.
-
Reasons may include in particular:
-
failure of an external provider;
-
technical work;
-
lack of access to the relevant service;
-
exceeding technical limitations;
-
network problems;
-
failure of the ReputoNode system;
-
change of translation technology.
-
-
If a translation cannot be created, the Portal may display the Content in its original version.
-
Temporary unavailability of translation does not automatically mean that the basic function of publishing or browsing Content is unavailable.
-
The Service Provider does not guarantee that every Content item will be available in every language supported by the Portal at all times.
§ 313. External translation providers
-
If ReputoNode uses an external provider of translation technology, content requiring translation may be transmitted to that provider to the extent necessary to perform the service.
-
The scope, basis and rules for processing personal data related to use of such providers are set out in the Privacy Policy.
-
The Service Provider may replace an external solution with a locally operating system or another mechanism that does not require Content to be transmitted to an external provider.
-
The technical manner of implementing translations may change without amendment of the Terms if it does not result in a material change to the User's rights or obligations.
§ 314. Development of language mechanisms
-
ReputoNode may develop mechanisms for:
-
language detection;
-
automatic translation;
-
storing translations;
-
correcting incorrect translations;
-
language selection;
-
presenting the original version;
-
supporting multilingual Content.
-
-
In particular, the Service Provider may:
-
change language models;
-
change providers;
-
use its own models;
-
use different technologies for different languages;
-
add new languages;
-
change the method of language detection.
-
-
The Service Provider does not guarantee that translation quality will be identical between all languages.
§ 315. Language versions of ReputoNode documents
-
The Terms, Privacy Policy, Community Standards and other ReputoNode documents may be made available in different language versions.
-
Translations of ReputoNode documents are intended to facilitate use of the Portal by persons using different languages.
-
The Polish version of the Terms is the source version and is used to interpret its provisions in the event of discrepancies between language versions.
-
Paragraph 3 does not limit User rights arising from mandatorily applicable law whose application cannot be excluded by choosing a language version of the Terms.
-
If a discrepancy is detected between a translation of a document and its Polish version, the Service Provider may correct the translation accordingly.
Chapter 17
Account deletion and consequences of ending use of the Portal
§ 316. Request to delete an Account
-
A User may submit a request to delete their Account using the function available on the Portal.
-
Submission of an Account deletion request starts the procedure for ending use of ReputoNode.
-
Submission of the request does not result in immediate deletion of the Account.
-
From the moment the request is submitted, a 30-day waiting period begins before final deletion of the Account.
-
During the period referred to in paragraph 4, the User may cancel the Account deletion request in accordance with the Terms.
§ 317. Account status during the waiting period
-
During the waiting period before deletion, the Account continues to exist.
-
During that period the User may still log in to the Account.
-
In particular, the User may:
- browse public parts of the Portal;
- view their own Profile and previously published Content;
- review information concerning the planned deletion;
- contact the Service Provider;
- delete their own existing Drafts;
- delete their own previously published Posts;
- unfollow Accounts they previously followed;
- cancel the Account deletion request.
-
During the waiting period the User may not:
- publish new Posts;
- publish new Comments;
- publish new Replies;
- submit new R+ or R− Reactions;
- save, edit or publish Drafts, while deletion of Drafts remains permitted;
- edit the Profile, bio, avatar, Location or contact details;
- start following new Accounts, while ending an existing following relationship remains permitted;
- use other write functions that create or increase Content, data or relationships and are available exclusively to an active Account.
-
Deleting a Draft or a published Post, or ending a following relationship during the waiting period, is effective and is not automatically reversed if the User later cancels the Account deletion request.
-
If the User wishes to change the Profile or perform another operation blocked during the waiting period, the User should cancel the deletion request, perform the required action and then — if the User still wishes to delete the Account — start the Account deletion procedure again.
§ 318. Duration of the Agreement during the waiting period
-
Submission of an Account deletion request does not result in immediate termination of the Agreement.
-
During the 30-day period, the Agreement remains in force, but the range of available Account functions is restricted in accordance with the Terms.
-
The Account deletion request should be treated as commencement of the procedure leading to termination of the Agreement.
-
Final termination of the Agreement occurs upon final deletion and anonymisation of the Account.
-
Provisions which by their nature are intended to continue to apply after termination of the Agreement remain effective after its termination to the extent provided for by law and the Terms.
§ 319. Cancellation of an Account deletion request
-
A User may cancel an Account deletion request before the Account is finally deleted.
-
Cancellation ends the Account deletion procedure.
-
After cancellation, the Account regains its normal range of functions, subject to other restrictions arising from the Terms.
-
Cancellation of the request does not result in loss of:
-
existing Reputation;
-
remaining Content;
-
existing following relationships that the User did not previously end;
-
Profile data;
-
other information associated with the Account that the User did not previously delete themselves.
-
-
Content deleted by the User and following relationships ended by the User during the waiting period are not automatically restored after cancellation of the procedure.
§ 320. Time of final Account deletion
-
Final Account deletion takes place after expiry of the 30-day waiting period if the User has not previously cancelled the request.
-
The Service Provider does not guarantee deletion of the Account at an exact hour after the 30-day period expires.
-
Final deletion may be carried out by periodic technical processes or maintenance tasks.
-
The Account should be deleted as part of a process carried out after expiry of the waiting period, without a guarantee as to the specific hour of deletion.
-
A minor technical delay resulting from the deletion-process schedule does not mean that the User's request has been cancelled.
§ 321. Consequences of final Account deletion
-
After final deletion of the Account, the User loses the ability to log in to it.
-
The Account cannot be restored.
-
The User's Profile ceases to function as an active Profile.
-
Data enabling normal use of the Account is deleted or anonymised in accordance with the rules set out in the Terms, the Privacy Policy and applicable law.
-
Final Account deletion results in termination of the Agreement.
§ 322. Data deleted or anonymised
-
As part of final Account deletion, the following in particular is deleted or anonymised:
-
the email address used for the Account;
-
authentication data;
-
the password or its technical representation;
-
Profile data;
-
display name;
-
bio;
-
contact details;
-
avatar;
-
information concerning Profile Location;
-
other data used to identify the active owner of the Account.
-
-
The scope of anonymisation may depend on the Portal's technical structure and applicable law.
-
The purpose of the process is to break the ordinary link between remaining Content and the User's active Account and Profile.
§ 323. Username after Account deletion
-
After final Account deletion, the previous username does not have to remain reserved.
-
The username may be made available again for registration by another person.
-
A person who registers the same username in the future does not become the owner of previous Content, Reputation or history of the former Account.
-
Reuse of a username does not mean restoration of the former Account.
-
The Service Provider may technically block reuse of a specified name where this results from Moderation, security, protection of the rights of other persons or other justified reasons.
§ 324. Technical data and internal identifiers
-
Final Account deletion does not mean that every technical identifier must be physically removed from every system structure if retaining it is necessary for:
-
preserving database integrity;
-
maintaining links with remaining Content;
-
documenting Reputation events;
-
security;
-
system accountability;
-
compliance with legal obligations.
-
-
A technical identifier may remain in particular in historical structures, logs or database relationships.
-
Retention of a technical identifier does not mean that an active Account or public Profile continues to exist.
§ 325. Remaining Posts
-
Deletion of an Account does not automatically result in deletion of Posts previously published by the User.
-
Posts which the User did not delete before final Account deletion remain publicly available unless they are removed or restricted under the Terms or the law.
-
Remaining Posts are presented without an active author Profile.
-
The Portal may identify the author of such a Post in a manner indicating that the Account has been deleted or anonymised.
-
A remaining Post may continue to:
-
be displayed;
-
have a direct address;
-
receive Comments if the commenting function is available for it;
-
contain remaining Media;
-
have stored translations.
-
-
Account deletion does not automatically change the status of remaining Posts to deleted.
§ 326. Comments and Replies after Account deletion
-
Comments and Replies published by a User remain publicly available after final deletion of their Account unless they are removed or restricted under the Terms or the law.
-
The author of such Content is anonymised to the extent resulting from the Account deletion process.
-
Remaining Comments and Replies are not attributed to a new User even if someone registers the same username in the future.
-
Remaining Comments and Replies may continue to form part of an existing discussion.
§ 327. Media after Account deletion
-
Media forming part of a Post that remains publicly available after Account deletion remain available together with that Post unless they are removed or restricted under the Terms or the law.
-
This applies in particular to photographs and videos forming part of published Content.
-
Account deletion does not automatically remove Media from a Post that remains available.
-
If a Post was deleted before final Account deletion, associated Media should ultimately be deleted in accordance with the rules for technical data storage.
-
Media deletion may occur with a technical delay resulting from data-cleaning processes, backups or other system processes.
§ 328. Drafts after Account deletion
-
Drafts do not remain publicly available after final Account deletion.
-
Drafts should be deleted as part of the Account deletion process.
-
Media used exclusively in Drafts should be deleted if they are not used by other Content remaining on the Portal.
-
The Service Provider may use technical processes for periodic deletion of unused files.
§ 329. Translations after Account deletion
-
If an original Post, Comment or Reply remains available after final Account deletion, translations of it created previously may also remain available.
-
A translation remains associated with anonymously retained Content.
-
Account deletion does not automatically result in regeneration or deletion of translations of remaining Content.
-
If the original Content is later deleted, translations associated with it should cease to be publicly available in accordance with the rules set out in the Terms.
§ 330. Reputation after Account deletion
-
After final Account deletion, its Reputation is no longer presented as the User's current public Reputation.
-
A deleted Account does not retain a public competence Profile.
-
The historical effect of Content and Reactions associated with the Account may remain in the system to the extent necessary to preserve consistency of the Reputation mechanism.
-
Account deletion does not automatically reverse the effect of Reactions previously submitted by that User in relation to other Content.
-
Such Reactions may continue to affect the Reputation of other Users in accordance with Chapter 12.
-
Reactions previously received by the deleted User's Content may also remain technically recorded if necessary to preserve consistency of the system.
§ 331. Following relationships
-
Upon final Account deletion, following relationships associated with that Account are removed as part of the technical process.
-
This applies both to:
-
Accounts followed by the User whose Account is being deleted;
-
relationships in which other Accounts followed the Account being deleted.
-
-
Removal of such relationships may take place as part of the technical Account deletion process.
-
The Service Provider may carry out additional technical cleanup of following relationships after final Account deletion.
§ 332. Profile after Account deletion
-
After final Account deletion, its public Profile ceases to be active.
-
The address corresponding to the former Profile may:
-
lead to information that the Profile does not exist;
-
lead to information that the Account has been deleted;
-
later be used by another Account if the same username is registered again.
-
-
A new User who has the same username does not obtain access to data, Content or history of the previous Account.
§ 333. Direct links to remaining Content
-
Account deletion does not automatically invalidate direct URLs to Posts that remain publicly available.
-
A direct link to a remaining Post may continue to work after deletion of its original author's Account.
-
In such a case, the Content is presented without an active link to the former User's Profile.
§ 334. Deleting Posts before Account deletion
-
A User who does not want their Posts to remain publicly available after final Account deletion should delete them before starting the Account deletion procedure.
-
After an Account is submitted for deletion, the User may still delete their own previously published Posts during the 30-day waiting period. A deletion performed during that period remains effective and is not automatically reversed if the User later cancels the Account deletion request.
-
Final Account deletion does not constitute an automatic request to delete all Content previously published.
-
Before starting the procedure, the User should check which Posts they want to retain and which they want to delete.
§ 335. Request to delete Content after Account deletion
-
A person whose Account has been finally deleted may later request that the Service Provider delete specific Content that the person previously published.
-
The request may be sent to legal@reputonode.com.
-
The person submitting the request must credibly demonstrate that they were the author of the Content or are a person entitled to request its deletion.
-
The Service Provider may request information or evidence allowing authorship or authority to act to be confirmed.
-
After authorship or authority has been credibly confirmed, the Service Provider will delete the specified Content.
-
The Terms do not specify a guaranteed time for carrying out such deletion.
-
The Service Provider may retain specified information if an obligation to retain it arises from law or another legally justified basis for continued storage exists.
§ 336. Account cannot be restored
-
After the final deletion process is completed, the Account cannot be restored.
-
Cancellation of deletion is possible only before the final process is carried out.
-
After final deletion, the Service Provider is not required to:
-
recreate the Profile;
-
recover Reputation;
-
recreate following relationships;
-
restore Drafts;
-
recreate other Account data.
-
§ 337. Creating a new Account after deletion of the previous Account
-
A person whose Account was deleted at their request may create a new Account if there are no other obstacles arising from the Terms.
-
A new Account may be created using the same email address if that address is no longer assigned to another Account and the Portal's current technical rules allow it.
-
The new Account is a separate Account.
-
The new Account does not automatically recover:
-
previous Reputation;
-
previous Content;
-
Comments;
-
Replies;
-
Reactions;
-
followed Accounts;
-
Moderation history;
-
other data of the previous Account.
-
-
Remaining anonymous Content from the old Account does not automatically become Content of the new Account.
§ 338. Circumvention of a permanent block
-
Deletion of an Account does not entitle the User to circumvent a permanent block or another Moderation sanction.
-
A person subject to a prohibition on creating a new Account may not effectively circumvent that prohibition by:
-
deleting the Account beforehand;
-
using another email address;
-
using another username;
-
using another person's Account.
-
-
The technical ability to create a new Account does not mean that its creation complies with the Terms.
-
An Account created to circumvent a permanent block may be blocked again.
§ 339. Death or permanent incapacity of a User
-
If the Service Provider receives credible information about the death of a User or the User's permanent inability to use the Account, the Service Provider may consider the matter individually.
-
The Service Provider may request documents or other credible information confirming the circumstances of the matter and the reporting person's authority.
-
An Account is not automatically transferred to an heir or another person.
-
The Service Provider may take appropriate action concerning the Account or Content in accordance with the law and the circumstances of the matter.
§ 340. No automatic Account deletion due to inactivity
-
ReputoNode does not delete Accounts solely because of long-term inactivity.
-
An Account may remain inactive for an indefinite period unless another basis for restricting or deleting it applies.
-
The mere absence of login activity does not automatically start the Account deletion procedure.
§ 341. Retention of data required by law
-
Final Account deletion does not exclude the possibility of retaining specified data if this is required or permitted by applicable law.
-
Data may be retained in particular where necessary to:
-
comply with a legal obligation;
-
comply with a legally binding request of a competent authority;
-
establish, pursue or defend claims;
-
ensure Portal security;
-
counteract fraud or abuse;
-
document serious violations;
-
preserve the technical integrity of the system.
-
-
Data retained under paragraph 2 should not be used to continue normal provision of the service to the deleted User.
-
The scope and period of further processing should be limited to the purpose justifying retention of the data.
-
Detailed information concerning processing of personal data after Account deletion is set out in the Privacy Policy.
§ 342. Backups
-
Data of a deleted Account may for a limited period be present in technical backups created before it was deleted from the production system.
-
Data from backups may be deleted through:
-
backup rotation;
-
overwriting;
-
expiry of the retention period;
-
another technical process used.
-
-
The Terms do not specify a fixed retention period for every backup.
-
Data located exclusively in a backup should not be reused for normal operation of a deleted Account.
-
If restoration of a backup technically restores data that was previously deleted, the Service Provider may reapply the process of deleting or anonymising that data.
§ 343. Consequences of termination of the Agreement
-
Final Account deletion results in termination of the Agreement between the User and the Service Provider.
-
After termination of the Agreement, the User loses the right to use functions requiring the deleted Account.
-
Termination of the Agreement does not automatically cause provisions concerning the following to cease to apply:
-
remaining Content;
-
the licence necessary for continued storage and presentation of remaining Content;
-
intellectual-property rights;
-
effects of previous Reactions;
-
security;
-
Moderation of historical violations;
-
liability;
-
claims;
-
other obligations which by their nature apply also after termination of the Agreement.
-
-
Termination of the Agreement does not affect rights or obligations that arose before its termination.
Chapter 18
Suspension, restriction and termination of services by the Service Provider
§ 344. Technical interruptions
-
ReputoNode may be temporarily unavailable in whole or in part for technical, organisational or security reasons.
-
Temporary unavailability may result in particular from:
-
maintenance work;
-
updates;
-
error correction;
-
data migration;
-
infrastructure changes;
-
failures;
-
cybersecurity activities;
-
problems on the part of external service providers;
-
other events affecting proper operation of the Portal.
-
-
The Service Provider may temporarily disable the entire Portal or only specified functions.
-
Temporary disabling may concern in particular:
-
login;
-
registration;
-
publishing;
-
commenting;
-
submitting Reactions;
-
search;
-
filtering;
-
automatic translations;
-
uploading photographs or videos;
-
other Portal functions.
-
§ 345. Information about technical work
-
The Service Provider does not guarantee advance notice of every technical interruption.
-
If planned work may cause longer or material unavailability of the Portal, the Service Provider may, where possible, inform Users before the work begins.
-
Information may be provided in particular:
-
on the Portal;
-
by means of a technical notice;
-
by email;
-
in another appropriate manner.
-
-
Failures, security incidents and other sudden events may cause unavailability without prior notice.
-
The Service Provider is not required to send an individual email about every failure or technical interruption.
§ 346. Restrictions for security reasons
-
The Service Provider may temporarily restrict operation of the Portal where justified by the security of the system, data, Users or third parties.
-
A restriction may be introduced in particular in the event of:
-
a cyberattack;
-
suspected intrusion;
-
detection of a vulnerability;
-
risk of unauthorised access to data;
-
risk of data loss or corruption;
-
detection of malicious software;
-
excessive infrastructure load;
-
another material technical threat.
-
-
Where necessary, the Service Provider may temporarily block login for all Users.
-
The Service Provider may also temporarily disable registration of new Accounts.
-
Restrictions may remain in place for the time necessary to remove or reduce the threat.
§ 347. Restriction of file uploads
-
The Service Provider may temporarily restrict or disable the ability to upload photographs, videos or other supported files.
-
A restriction may be applied in particular in the event of:
-
upload-security problems;
-
failure of the file-processing mechanism;
-
disk-space problems;
-
video-processing problems;
-
detection of a vulnerability;
-
the need to change supported formats;
-
other technical problems.
-
-
Temporary disabling of uploads does not automatically mean that existing Content is unavailable.
§ 348. Development and changes to the Portal
-
ReputoNode is a service under development and its appearance, functions and manner of operation may change over time.
-
The Service Provider may change in particular:
-
the appearance of the interface;
-
page structure;
-
placement of elements;
-
navigation methods;
-
the manner of presenting Content;
-
search mechanisms;
-
filtering mechanisms;
-
recommendation mechanisms;
-
technical solutions;
-
the scope of additional functions.
-
-
Changes may result in particular from:
-
Portal development;
-
usability improvements;
-
security;
-
technological changes;
-
the need to correct errors;
-
legal changes;
-
organisational decisions.
-
§ 349. Adding, changing and removing functions
-
The Service Provider may add new functions without amending the Terms if they do not result in a material change to the User's rights or obligations.
-
The Service Provider may change, replace or remove auxiliary or additional functions.
-
The Service Provider may discontinue a specified function without closing the entire Portal.
-
This applies in particular to functions such as:
-
a specified sorting method;
-
a specified filter;
-
automatic translations;
-
a specified feed-presentation method;
-
a specified integration with an external service;
-
another additional function.
-
-
If permanent disabling of a function is materially significant to the manner in which the Portal is used, the Service Provider may inform Users where circumstances allow.
-
The Service Provider does not guarantee that every function will remain unchanged throughout the duration of the Agreement.
§ 350. No guarantee of a fixed functional form
-
The User acknowledges that ReputoNode may be developed and rebuilt.
-
The Service Provider does not guarantee that:
-
every current function will remain available indefinitely;
-
every function will always operate in an identical manner;
-
the interface appearance will remain unchanged;
-
all integrations with external services will remain available indefinitely;
-
all current filtering, search or presentation methods will remain unchanged.
-
-
A technical change may not deprive the User of rights that cannot effectively be limited under applicable law.
§ 351. Testing new functions
-
The Service Provider may conduct tests of new functions, technical solutions or ways of presenting the Portal.
-
Tests may be available only to some Users.
-
During tests, different Users may see:
-
different versions of the interface;
-
different sorting methods;
-
different functions;
-
different variants of operation of specified Portal elements.
-
-
A test function may be:
-
changed;
-
expanded;
-
restricted;
-
temporarily disabled;
-
completely withdrawn.
-
-
Tests may affect the manner of operation or scope of functions available to individual Users.
-
Tests do not limit User rights that cannot be excluded or restricted under the Terms or applicable law.
§ 352. Change of technical infrastructure
-
The Service Provider may change the infrastructure used to operate ReputoNode.
-
Changes may include in particular:
-
changing hosting;
-
changing servers;
-
changing the email provider;
-
changing the translation provider;
-
changing the map provider;
-
changing data-storage services;
-
changing security providers;
-
changing other technical providers.
-
-
A change of technical provider does not require amendment of the Terms if it does not result in a material change to the User's rights or obligations.
-
Rules for processing personal data by the relevant providers are set out in the Privacy Policy to the extent required by law.
§ 353. Data migration and conversion
-
The Service Provider may migrate data to new systems, databases, servers or technical formats.
-
Such activities may involve:
-
restructuring the database;
-
changing the format in which information is stored;
-
converting files;
-
changing the manner in which Media are encoded;
-
transferring data between systems;
-
other technical activities.
-
-
The Service Provider should seek to preserve the meaning and functional significance of Content to an extent appropriate to the relevant migration.
-
Migration may cause temporary unavailability of part of the Portal.
-
The Service Provider does not guarantee that every technical element will be preserved in identical form if changing it does not materially alter the meaning of Content or User rights.
§ 354. Change of domain and addresses
-
The Service Provider may change the ReputoNode internet domain.
-
The Service Provider may also change URL structures.
-
Where possible, the Service Provider may use redirects from old addresses to new ones.
-
The Service Provider does not guarantee indefinite operation of all historical URLs.
-
A domain change does not in itself terminate the Agreement.
§ 355. Geographical restrictions
-
ReputoNode does not guarantee availability from every country or territory in the world.
-
The Service Provider may restrict access to all or part of the Portal from a specified country, region or area where justified in particular by:
-
applicable law;
-
a decision of a competent authority;
-
security;
-
sanctions;
-
technical limitations;
-
risk of abuse;
-
another justified reason.
-
-
Restricting geographical availability does not automatically mean deletion of Accounts of Users from the relevant area unless necessary.
§ 356. Change of supported languages
-
The Service Provider may add or remove language versions of the ReputoNode interface.
-
Discontinuation of support for a specified interface language does not automatically result in deletion of Content previously published in that language.
-
Content may remain on the Portal in accordance with the Terms.
-
Access to translations of such Content may depend on the Portal's current language mechanisms.
§ 357. Backups and system restoration
-
The Service Provider may create backups of Portal data.
-
Backups may serve in particular to:
-
restore the system after a failure;
-
limit the effects of data corruption;
-
restore infrastructure operation;
-
respond to security incidents.
-
-
The Service Provider may restore the system from an available backup where technically justified.
-
In exceptional circumstances, restoring the system from an earlier backup may result in loss of data created after that backup was made.
-
The Service Provider takes reasonable measures to protect data and limit the risk of its loss; however, it does not guarantee the absolute impossibility of data loss in the event of a serious failure, infrastructure damage or another technical event.
-
Paragraph 5 does not exclude the Service Provider's liability to the extent that exclusion or limitation of such liability is not permitted under mandatorily applicable law.
§ 358. No guaranteed availability level
-
ReputoNode is not provided with a percentage-based guaranteed availability level.
-
The Service Provider does not guarantee:
-
Portal availability 24 hours a day, 7 days a week, without any interruptions;
-
a specified percentage availability level;
-
immediate removal of every failure;
-
a specified technical response time;
-
uninterrupted operation of all external services;
-
complete absence of technical errors.
-
-
Temporary interruptions may also occur during normal operation of the Portal.
-
The absence of a guaranteed availability level does not release the Service Provider from obligations arising from mandatorily applicable law.
§ 359. External services
-
Some ReputoNode functions may depend on services provided by third parties.
-
This applies in particular to services related to:
-
hosting;
-
email;
-
automatic translations;
-
maps and geolocation;
-
external materials embedded in Posts;
-
other infrastructure elements.
-
-
Failure or restricted operation of an external service may cause temporary unavailability of the associated ReputoNode function.
-
In such a situation, the Service Provider may:
-
temporarily disable the function;
-
use a substitute solution;
-
change the provider;
-
disable the function until the problem is resolved.
-
-
The provisions of this paragraph do not exclude User rights arising from mandatorily applicable law.
§ 360. Complete discontinuation of ReputoNode
-
The Service Provider may decide to permanently discontinue ReputoNode.
-
The decision may result in particular from:
-
organisational reasons;
-
technical reasons;
-
financial reasons;
-
legal reasons;
-
security reasons;
-
inability to continue operating the Portal;
-
other reasons.
-
-
The Service Provider is not required to maintain ReputoNode for a specified minimum period.
-
Where circumstances allow, the Service Provider may inform Users in advance of the planned discontinuation of the Portal.
-
The Terms do not establish a fixed minimum advance-notice period for such information.
-
The scope and timing of information may depend on the circumstances of the particular discontinuation.
-
In the event of sudden legal, technical or security events or other circumstances making continued operation impossible, the Portal may be disabled without prior notice.
-
This paragraph applies subject to User rights arising from mandatorily applicable law.
§ 361. Consequences of complete closure of the Portal
-
Permanent discontinuation of ReputoNode results in termination of services provided through the Portal.
-
After closure of the Portal, public Posts, Comments, Replies, Profiles and other Content cease to be available on ReputoNode.
-
The Service Provider may delete data from the production system as part of the Portal closure process.
-
Closure of the Portal may also include deletion of:
-
Accounts;
-
Profiles;
-
Posts;
-
Comments;
-
Replies;
-
Media;
-
Drafts;
-
Reactions;
-
Reputation data;
-
translations;
-
other data related to provision of services.
-
-
The Service Provider does not envisage an obligation to provide a special technical function for complete export of all data solely for the purposes of closing the Portal, subject to User rights arising from applicable law.
§ 362. Data retained after closure of the Portal
-
Despite closure of ReputoNode, specified data may be retained if required or permitted by law.
-
Data may be stored in particular for the purpose of:
-
complying with a legal obligation;
-
complying with a request of a competent authority;
-
establishing, pursuing or defending claims;
-
documenting security incidents;
-
counteracting fraud;
-
other lawful purposes.
-
-
Data retained after closure is no longer used for ordinary provision of the ReputoNode service.
-
Detailed rules concerning personal data are set out in the Privacy Policy.
§ 363. Backups after closure of the Portal
-
After permanent closure of ReputoNode, data may remain for some time in existing backups.
-
Such backups may be deleted through their normal rotation cycle, overwriting or another technical process used.
-
The Terms do not specify a fixed retention period for all backups.
-
Data existing exclusively in backups is not used to restart User Accounts unless system restoration is necessary for technical or legal reasons before completion of the winding-down process.
§ 364. No absolute guarantee of correct operation
-
The Service Provider takes measures aimed at maintaining the Portal in a condition enabling proper use of its functions.
-
Due to the nature of internet services, the Service Provider cannot guarantee the complete absence of:
-
failures;
-
errors;
-
interruptions;
-
delays;
-
loss of individual data as a result of a serious technical incident;
-
problems resulting from third-party services.
-
-
The User should keep their own copies of Content whose loss would be materially significant to them.
-
ReputoNode should not be treated as the sole storage location for important or irreplaceable material.
-
The provisions of this paragraph do not exclude or limit the Service Provider's liability to the extent that such exclusion or limitation would be impermissible under mandatorily applicable law.
Chapter 19
Complaints and contact with the Service Provider
§ 365. Right to submit a complaint
-
A User and another person using public ReputoNode functions may submit a complaint concerning the manner in which services are provided by the Service Provider if the matter concerns them.
-
A complaint may concern in particular:
-
problems with Account registration;
-
login problems;
-
incorrect operation of an Account or Profile;
-
incorrect operation of publishing functions;
-
problems with Posts, Comments or Replies resulting from operation of the Portal;
-
incorrect operation of Reactions;
-
a suspected error in the Reputation system;
-
problems with automatic translations;
-
problems with the Account deletion process;
-
unavailability or incorrect operation of a specified function;
-
other problems concerning provision of ReputoNode services.
-
-
The complaints procedure is not intended for reporting Illegal Content, violations of the Terms or Community Standards, or appeals against Moderation Decisions.
-
Matters referred to in paragraph 3 are considered in accordance with the rules set out in Chapter 13.
§ 366. How to submit a complaint
-
A complaint may be sent by email to contact@reputonode.com.
-
A complaint may also be sent by post to the Service Provider's address indicated in Chapter 3.
-
Email is the primary and recommended channel for submitting complaints.
-
The Service Provider does not currently provide a separate electronic complaints panel on the Portal.
-
Introduction of an additional complaints mechanism in the future does not require amendment of the Terms if it does not restrict User rights.
§ 367. Content of a complaint
-
A complaint should make it possible to determine what the problem concerns and, where possible, reproduce it.
-
Depending on the nature of the matter, a complaint should contain in particular:
-
an email address enabling contact;
-
the username if the matter concerns an Account;
-
a description of the problem;
-
the date or approximate time when the problem occurred;
-
identification of the function concerned;
-
a direct link to Content if relevant to the matter;
-
an error message if one was displayed;
-
a screenshot or other supporting material if it may facilitate diagnostics;
-
a description of the expected way of resolving the matter if the complainant wishes to indicate one.
-
-
The absence of some of the information listed in paragraph 2 does not automatically result in rejection of the complaint.
-
If the available information allows the matter to be considered, the Service Provider may consider the complaint without requesting supplementation.
§ 368. Supplementing a complaint
-
If the information contained in a complaint is insufficient for its consideration, the Service Provider may ask the complainant to supplement it.
-
The request may concern in particular:
-
a more detailed description of the problem;
-
identification of the Account;
-
providing the address of specific Content;
-
indicating the time when the problem occurred;
-
providing technical information;
-
sending a screenshot;
-
providing other information necessary to examine the matter.
-
-
The Service Provider should request only information reasonably necessary to consider the complaint.
-
Inability to obtain information necessary to examine the problem may make full consideration of the matter impossible.
§ 369. Anonymous complaints
-
A complaint may be submitted without providing a first and last name if the nature of the matter permits it to be considered.
-
A complaint submitted without any contact channel may remain unanswered.
-
The Service Provider may leave an anonymous complaint without further consideration if:
-
it is not possible to determine what it concerns;
-
necessary additional information cannot be obtained;
-
it is not possible to confirm authority to act in a matter concerning a specific Account;
-
it is not possible to provide a response;
-
the complaint is manifestly unfounded or incomprehensible.
-
-
Failure to provide a first and last name does not in itself constitute grounds for rejecting a complaint if it can be properly considered on the basis of other information.
§ 370. Consideration of complaints
-
Complaints are considered by the Service Provider or a person authorised by the Service Provider.
-
The Service Provider does not set in the Terms a shorter voluntary period for considering complaints than the period required by applicable law.
-
If applicable law specifies a period for considering a complaint or providing a response in a given matter, the Service Provider applies that period.
-
In other cases, a complaint is considered without undue delay, taking into account the nature and complexity of the matter.
-
The time required may depend in particular on:
-
the ability to reproduce the error;
-
the need to analyse technical data;
-
the need to obtain additional information;
-
dependence on an external provider;
-
the nature and scale of the problem.
-
§ 371. Response to a complaint
-
A response to a complaint is generally sent to the email address indicated by the complainant or assigned to the Account if the complaint was submitted in connection with that Account.
-
In the case of a complaint sent by post, the response may be provided in a form appropriate to the method of contact and the available data.
-
In its response, the Service Provider may:
-
uphold the complaint;
-
uphold it in part;
-
decline to uphold it;
-
inform about a correction made;
-
inform about planned remedial action;
-
indicate that no irregularity on the part of ReputoNode was identified;
-
provide other information concerning the outcome of the analysis.
-
-
Where possible, the response should enable the complainant to understand the outcome of the matter.
§ 372. Possible ways of resolving a problem
-
If a complaint is justified, the Service Provider may apply a solution appropriate to the nature of the problem.
-
This may include in particular:
-
correcting an error;
-
correcting data;
-
restoring correct operation of a function;
-
correcting Reactions;
-
correcting Reputation;
-
repeating a technical operation;
-
correcting a translation;
-
restoring data if technically possible and justified;
-
applying a substitute solution;
-
other appropriate action.
-
-
Upholding a complaint does not mean that the Service Provider must apply exactly the solution indicated by the complainant if another proper way of resolving the problem exists.
-
The Service Provider is not required to apply a technically impossible solution, subject to rights available to the User under mandatorily applicable law.
§ 373. Complaints concerning Reputation
-
A User may submit a complaint if they suspect that their Reputation was determined incorrectly due to:
-
a technical error;
-
incorrect assignment of a Reaction;
-
manipulation of the system;
-
an incorrect translation affecting Reactions;
-
another irregularity in system operation.
-
-
Mere dissatisfaction with the level of Reputation does not constitute grounds for manually increasing the score.
-
The Service Provider may examine the relevant technical data and history of events affecting Reputation.
-
If no irregularity is identified, the score may remain unchanged.
-
If an error is confirmed, the Service Provider may make a correction in accordance with the Terms.
§ 374. Problems on the User's side
-
Not every problem with using ReputoNode means that the Portal is operating incorrectly.
-
A problem may result in particular from:
-
the User's device;
-
the operating system;
-
the browser;
-
browser extensions;
-
privacy settings;
-
JavaScript being blocked;
-
cookie settings;
-
the internet connection;
-
network configuration;
-
other software on the User's side.
-
-
If the analysis does not indicate a problem on the part of ReputoNode, the Service Provider may inform the complainant accordingly.
-
The Service Provider may provide basic information helpful in diagnostics, but does not provide a mandatory individual servicing service for the User's devices or software.
§ 375. Technical data needed for diagnostics
-
For the purpose of considering a complaint, the Service Provider may request a reasonable scope of technical information.
-
Information may include in particular:
-
device type;
-
operating system;
-
browser name and version;
-
error message;
-
screenshot;
-
approximate time when the problem occurred;
-
description of steps leading to the error.
-
-
The Service Provider should not require the User to provide the Account password for the purpose of considering a complaint.
-
The User should not send their password to the Service Provider.
-
If a person claiming to represent ReputoNode requests that the password be sent, the User should treat the situation as a potential threat and report it to the Service Provider.
§ 376. Resubmitting a problem
-
A User may contact the Service Provider again in the same matter if:
-
new information has emerged;
-
the problem persists;
-
the solution applied did not resolve the problem;
-
there is new evidence indicating an irregularity.
-
-
Resubmission does not automatically change the previous position.
-
The Service Provider may take new circumstances into account in a renewed analysis.
§ 377. Distinguishing complaints from Reports and Moderation
-
A complaint concerning operation of the service is separate from:
-
a Report of Illegal Content;
-
a Report of a violation of the Terms;
-
a Report of a violation of the Community Standards;
-
an appeal against a Moderation Decision.
-
-
If a message was sent as a complaint but its content indicates that it actually concerns a Moderation matter, the Service Provider may consider it under the procedure appropriate to such a matter.
-
Incorrectly naming a message a “complaint”, “report” or “appeal” does not automatically result in its rejection if its actual nature can be determined from its content.
§ 378. No fees for considering complaints
-
Submission and consideration of a complaint by ReputoNode is free of charge.
-
ReputoNode does not charge the User a fee for reporting a problem or for responding to a complaint.
-
The User may bear ordinary costs of using their own internet connection or postal correspondence.
§ 379. Free nature of the Portal and remedies
-
ReputoNode is currently a free service.
-
For this reason, the standard complaints procedure does not include refund of a price paid for using the Portal, because the User does not pay a price for basic use of the services.
-
The free nature of the Portal does not limit User rights arising from mandatorily applicable law.
-
If applicable law grants the User a specified remedy regardless of the absence of payment of a price, the Terms do not exclude that right.
§ 380. Complaints concerning business results
-
The ability to publish information about activities, products or services on ReputoNode does not mean that the Service Provider undertakes to provide the User with a specified business result.
-
In particular, ReputoNode does not guarantee:
-
acquisition of clients;
-
receipt of requests for quotations;
-
conclusion of contracts;
-
generation of revenue;
-
generation of profit;
-
a specified number of views of promotional materials;
-
a specified advertising effectiveness;
-
continuous visibility of Content without any technical interruptions.
-
-
The mere fact that a User conducts business activity and uses ReputoNode to promote it does not mean that the Service Provider assumes responsibility for the success of that activity.
-
Temporary unavailability of the Portal does not automatically give the User the right to demand compensation for anticipated, potential or unproven business benefits.
-
The Service Provider's liability for any damage or lost profits is subject to the rules set out in the Terms and applicable law.
§ 381. No guarantee of a specific complaint outcome
-
Submission of a complaint does not automatically mean that the complainant's position is accepted as correct.
-
The Service Provider may decline to uphold a complaint if:
-
it identifies no irregularity;
-
the problem does not result from operation of ReputoNode;
-
the request is contrary to the Terms or law;
-
the request is technically impossible and the law does not require its fulfilment;
-
the complainant has not demonstrated circumstances necessary for action to be taken;
-
another justified basis exists.
-
-
Refusal to uphold a complaint does not limit the User's ability to use other remedies provided by law.
§ 382. Statutory User rights
-
The complaints procedure set out in the Terms does not exclude or limit rights available to the User under mandatorily applicable law.
-
In particular, the provisions of the Terms do not limit the rights of consumers or other persons benefiting from protection provided by applicable law.
-
If a provision of the Terms conflicts with a mandatorily applicable provision of law, the relevant provision of law applies.
-
Use of the complaints procedure does not deprive the User of the possibility of pursuing claims by other legally permissible means.
§ 383. Data related to complaints
-
The Service Provider may store information related to a complaint to the extent necessary for:
-
considering it;
-
documenting the course of the matter;
-
implementing the decision taken;
-
preventing abuse;
-
ensuring security;
-
establishing, pursuing or defending claims;
-
complying with legal obligations.
-
-
Data related to a complaint should not be stored longer than justified by the relevant purpose or required by law.
-
Detailed information concerning processing of personal data in connection with complaints is set out in the Privacy Policy.
Chapter 20
Liability of the Service Provider and the User
§ 384. General liability rules
-
Liability of the Service Provider and the User connected with use of ReputoNode is determined on the basis of the Terms and applicable law.
-
No provision of the Terms excludes or limits liability to the extent that such exclusion or limitation is impermissible under mandatorily applicable law.
-
In particular, the Terms do not limit rights available to a consumer or another person benefiting from protection provided by mandatorily applicable law.
-
With respect to Users using ReputoNode in connection with business, professional, organisational or institutional activity, the Service Provider's liability may be limited to a broader extent where permitted by applicable law.
§ 385. No guarantee of business results
-
ReputoNode does not guarantee that the User will achieve any specified business, professional or organisational result.
-
In particular, the Service Provider does not guarantee:
-
acquisition of clients;
-
receipt of requests for quotations;
-
acquisition of assignments;
-
conclusion of a contract;
-
completion of a sale;
-
generation of revenue;
-
generation of profit;
-
increased recognition of an activity;
-
obtaining a specified number of contacts;
-
achieving a specified number of Content views;
-
a specified position of Content in the feed or search engine.
-
-
The ability to publish information about activities, products or services is a Portal function and does not constitute a guaranteed advertising service ensuring specified business effectiveness.
-
The mere fact of using ReputoNode in business or professional activity does not mean that the Service Provider assumes the User's business risk.
§ 386. Use of the Portal in business activity
-
A User using ReputoNode to promote or conduct business or professional activity should provide themselves with appropriate alternative channels for:
-
contact with clients;
-
presenting an offer;
-
accepting orders;
-
storing data;
-
conducting the activity.
-
-
The User should not make the ability to conduct their activity depend exclusively on the availability of ReputoNode.
-
ReputoNode is not a tool guaranteeing continuity of business operations.
-
A Professional User should independently assess the business risk connected with using the Portal as one of the channels of promotion or communication.
§ 387. Lost profits and indirect damage
-
With respect to Users using ReputoNode in connection with business, professional, organisational or institutional activity, to the maximum extent permitted by law, the Service Provider is not liable for lost profits resulting from temporary unavailability, an error or a restriction of the Portal.
-
The exclusion referred to in paragraph 1 may include in particular:
-
lost profit;
-
lost clients;
-
missed sales opportunities;
-
contracts not concluded;
-
lost orders;
-
lost business opportunities;
-
expected revenue;
-
other indirect business consequences.
-
-
To the extent permitted by law, the Service Provider is also not liable to Professional Users for indirect or consequential damage resulting solely from inability to use the Portal.
-
The provisions of this paragraph do not apply to the extent that liability cannot effectively be excluded or limited.
§ 388. No liability for User Content
-
Content published by Users originates from those Users.
-
ReputoNode does not automatically confirm:
-
the truthfulness of Content;
-
the completeness of Content;
-
the currency of information;
-
the author's qualifications;
-
the legality of every publication;
-
the quality of presented products or services.
-
-
The mere technical availability of Content on ReputoNode does not mean that the Service Provider has approved it.
-
The absence of prior Moderation of Content does not mean that the Service Provider considered it correct, lawful or compliant with the Terms.
-
The Service Provider's liability for information stored at the request of Users is subject to the rules arising from applicable law concerning intermediary and hosting services.
§ 389. Use of information published by others
-
The User independently assesses the usefulness and reliability of information published by other Users.
-
The author's Reputation may be one factor helpful in assessing Content, but does not guarantee its truthfulness.
-
Particular caution should be exercised when using Content concerning in particular:
-
health;
-
law;
-
finances;
-
investments;
-
safety;
-
technical work;
-
other fields in which an incorrect decision may have material consequences.
-
-
Content published on ReputoNode does not replace individual advice from an appropriately qualified specialist.
-
The User makes decisions on the basis of other persons' Content at their own responsibility, subject to liability that cannot be excluded by law.
§ 390. Products and services offered by Users
-
ReputoNode may enable Users to publish information about products or services they offer.
-
ReputoNode is not a party to a contract concluded directly between Users or between a User and a third party as a result of contact established through the Portal.
-
The Service Provider is not responsible for:
-
the quality of the offered product;
-
the quality of the service performed;
-
conformity of the product with its description;
-
the time of performance;
-
the manner in which the contract is performed;
-
payment;
-
non-payment;
-
guarantees;
-
statutory warranty;
-
other obligations arising between the parties to such a contract.
-
-
Parties concluding a contract outside ReputoNode are independently responsible for determining its terms and performing it.
-
If ReputoNode in the future begins providing a separate intermediation service for concluding or performing such contracts, appropriate rules may be specified separately.
§ 391. Links and external Content
-
Users may publish links leading to external websites and services in accordance with the Terms.
-
The Service Provider does not continuously control the content or operation of all external websites.
-
ReputoNode is not responsible for the content of an external website solely because a User posted a link to it.
-
Mere technical display of a link preview does not constitute a recommendation of the website, product, service or information available under that link.
-
The User should exercise caution before leaving ReputoNode and using an external service.
§ 392. Embedded external materials
-
ReputoNode may enable display of materials originating from external services.
-
The mere embedding of external material does not mean that the Service Provider:
-
is its author;
-
approves its content;
-
guarantees its truthfulness;
-
guarantees its availability;
-
is responsible for actions of the external provider.
-
-
Availability of embedded material may depend on the decision of its owner or the external service.
§ 393. Services of external providers
-
Some ReputoNode functions may depend on services provided by third parties.
-
To the extent that a problem remains outside the Service Provider's reasonable control, the Service Provider is not liable for irregularities resulting exclusively from operation or unavailability of such an external provider, subject to mandatorily applicable law.
-
This applies in particular to services related to:
-
hosting;
-
email;
-
translations;
-
maps;
-
embedded materials;
-
network infrastructure;
-
other technical services.
-
-
The Service Provider may take action to limit the consequences of the problem, including temporarily disabling a function or changing the provider.
§ 394. User liability for their actions
-
The User is responsible for their own actions undertaken on ReputoNode in accordance with applicable law.
-
The User may be liable for damage caused in particular by:
-
publishing unlawful Content;
-
infringement of intellectual-property rights;
-
infringement of image rights;
-
unlawful disclosure of personal data;
-
breach of confidentiality;
-
impersonation;
-
fraud;
-
manipulation of Reputation;
-
an attack on Portal infrastructure;
-
other actions contrary to law or the Terms.
-
-
Moderation of Content does not release the User from liability arising from their own actions.
§ 395. Third-party claims
-
If a User's action infringes the rights of a third party and causes liability or damage on the part of the Service Provider, the Service Provider may pursue claims against the User provided for by applicable law.
-
This applies in particular to cases of unlawful use of:
-
another person's work;
-
image;
-
personal data;
-
a trademark;
-
a business designation;
-
confidential information;
-
other legally protected elements.
-
-
The Service Provider's claim may include compensation for damage or reimbursement of justified costs to the extent resulting from applicable law.
-
The Terms do not establish an automatic obligation to reimburse all costs incurred by the Service Provider regardless of the circumstances of the matter.
§ 396. Security of login credentials
-
The User is required to appropriately protect access to their Account.
-
In particular, the User should:
-
keep the password confidential;
-
not provide the password to third parties;
-
appropriately secure their email account;
-
secure the telephone, computer and other devices used for login;
-
use reasonable safeguards for their own network;
-
respond to suspected Account takeover.
-
-
Voluntary provision of login credentials to a third party is subject to the rules set out in the Terms.
-
The Service Provider may take into account the manner in which the User secured the Account when assessing the circumstances of a security incident.
§ 397. Unauthorised Account takeover
-
The User is not automatically liable for every action performed from their Account if it is taken over without the User's knowledge and consent.
-
The circumstances of such an event are assessed individually.
-
The assessment may take into account in particular:
-
the manner in which the password was secured;
-
security of the email account;
-
security of the device;
-
the User's conduct after detecting the incident;
-
any voluntary disclosure of login credentials;
-
other circumstances related to Account security.
-
-
The User should report suspected unauthorised access as soon as reasonably possible.
§ 398. User device, network and software
-
The Service Provider is not liable for inability to properly use ReputoNode where the problem results exclusively from circumstances on the User's side and the Portal is operating correctly.
-
This applies in particular to problems resulting from:
-
a malfunctioning device;
-
an unsupported or malfunctioning browser;
-
operating-system configuration;
-
blocking required browser functions;
-
the internet connection;
-
operation of the User's internet provider;
-
malicious software on the User's device;
-
incorrect network configuration.
-
-
The provisions of this paragraph do not exclude liability for an irregularity that actually results from ReputoNode.
§ 399. Actions performed by the User
-
The Service Provider is not liable for the consequence of correctly carrying out an instruction knowingly given by the User if the system operated in accordance with that instruction.
-
This applies in particular to:
-
deletion of a Post;
-
deletion of a Draft;
-
change of Profile;
-
change of followed Accounts;
-
other operations performed at the User's request.
-
-
The User should exercise caution before performing an operation whose consequences may be irreversible.
§ 400. Incorrect data entered by the User
-
The User is responsible for data and choices made by the User while using the Portal.
-
This applies in particular to:
-
selection of a Category;
-
selection of a Post Type;
-
indication of a Location;
-
entering contact details;
-
selecting the wrong material for publication;
-
an incorrect description;
-
other information provided independently by the User.
-
-
The Service Provider may correct specified elements as part of Moderation or handling a report, but is not automatically liable for a consequence resulting exclusively from the User's incorrect action.
§ 401. Automatic translations
-
Liability related to automatic translations is subject to the rules set out in Chapter 16.
-
Automatic translation is an auxiliary function and is not covered by a guarantee of complete correctness.
-
If a material error is identified, the Service Provider may:
-
correct the translation;
-
generate it again;
-
correct Reactions or Reputation if the conditions set out in the Terms are met.
-
-
The original version of Content takes priority when determining its actual meaning.
§ 402. Reputation errors
-
Reputation is the result of operation of the mechanism described in the Terms and may be subject to changes and recalculations.
-
The mere fact that a Reputation score was for a certain period lower than the User considers correct does not automatically create a right to compensation.
-
The User may report a suspected error and request verification in accordance with the procedures set out in the Terms.
-
If an error is identified, the Service Provider may appropriately correct the system, Reactions or Reputation.
-
The provisions of this paragraph do not exclude rights arising in a specific situation from mandatorily applicable law.
§ 403. Moderation and liability for Content
-
The Service Provider does not guarantee detection of every Content item violating the law, the Terms or the Community Standards immediately after publication.
-
ReputoNode does not conduct continuous manual verification of every published Content item before making it available.
-
Failure to detect Content earlier does not mean that it has been approved.
-
After obtaining information requiring action, the Service Provider acts in accordance with applicable law and the procedures set out in the Terms.
-
The Service Provider benefits from exclusions and limitations of liability available to providers of intermediary and hosting services to the extent that the conditions arising from applicable law are met.
-
The Terms do not modify or expand the Service Provider's liability beyond the scope arising from applicable law.
§ 404. Events beyond the Service Provider's reasonable control
-
To the extent permitted by law, the Service Provider is not liable for failure to perform or delay in providing the service caused by an event beyond its reasonable control.
-
This applies in particular to:
-
widespread failures of telecommunications infrastructure;
-
power-grid failures;
-
natural disasters;
-
fire;
-
war;
-
riots;
-
actions of public authorities;
-
sudden legal changes making provision of the service impossible;
-
other extraordinary events independent of the Service Provider.
-
-
The provisions of this paragraph apply only to the extent that the relevant event actually prevents or materially impedes proper provision of services.
§ 405. Duty to mitigate damage
-
The User should take reasonable actions aimed at limiting damage if they become aware of a problem related to use of ReputoNode.
-
The User should not knowingly continue conduct that obviously increases the extent of avoidable damage.
-
When assessing liability, actions taken by each party to prevent damage or limit its extent may be taken into account in accordance with applicable law.
§ 406. Nature of ReputoNode
-
ReputoNode is a social portal enabling publication, exchange and evaluation of Content.
-
ReputoNode is not intended as a professional system for:
-
data archiving;
-
accounting;
-
medical services;
-
financial services;
-
ensuring safety of life or health;
-
critical infrastructure;
-
guaranteeing business continuity.
-
-
The User should not use ReputoNode as the sole tool for carrying out processes whose interruption could cause serious harm.
§ 407. Copies of important materials
-
The User should keep their own copies of materials whose loss would be materially significant to them.
-
ReputoNode should not be treated as the sole storage location for:
-
important documents;
-
original photographs;
-
videos;
-
professional materials;
-
business data;
-
other irreplaceable information.
-
-
Rules concerning backups on the Service Provider's side are also set out in Chapter 18.
§ 408. Disputes between Users
-
ReputoNode does not become a party to a dispute solely because Users established contact using the Portal.
-
Users are directly responsible to one another for their own obligations and actions in accordance with applicable law.
-
This applies in particular to disputes concerning:
-
performance of services;
-
sale of products;
-
payments;
-
quality of performance;
-
infringement of personal rights;
-
copyright;
-
other relationships between Users.
-
-
The Service Provider may undertake Moderation to the extent concerning operation of the Portal, but this does not automatically mean that it assumes responsibility for resolving the entire civil dispute between the parties.
§ 409. Claims concerning damage
-
A person asserting a claim concerning damage related to ReputoNode should provide information enabling the matter to be assessed.
-
Information may concern in particular:
-
the event alleged to have caused the damage;
-
the time when the event occurred;
-
the nature of the damage;
-
the amount of the claim asserted;
-
the link between an action or omission of ReputoNode and the alleged damage;
-
other circumstances relevant to the matter.
-
-
Claims are assessed in accordance with the rules arising from applicable law.
-
The Terms do not establish a separate rule of evidence replacing rules provided by law.
-
Merely stating a specified amount of damage does not automatically mean that the Service Provider accepts it.
§ 410. Professional Users
-
Use of ReputoNode in connection with business, professional, organisational or institutional activity means use whose nature indicates that the Portal is used to pursue the objectives of such activity.
-
This applies in particular to Accounts used for:
-
promoting business activity;
-
presenting a company's offer;
-
acquiring clients or counterparties;
-
representing an organisation or institution;
-
carrying out professional activity.
-
-
The mere fact that the Account owner is a natural person does not determine the consumer nature of a particular manner of using the Portal.
-
The User's status is assessed in accordance with applicable law and the actual nature of use of the service.
-
If under applicable law a person benefits from protection provided to consumers or persons covered by similar protection, the Terms do not deprive that person of such protection.
§ 411. Liability to consumers
-
In relation to consumers, the Service Provider's liability is determined taking into account mandatorily applicable consumer law.
-
The provisions of the Terms should not be interpreted as:
-
excluding the Service Provider's statutory liability;
-
limiting remedies available to a consumer;
-
transferring to a consumer risk which under law cannot be transferred to them;
-
depriving a consumer of the right to pursue claims.
-
-
If a limitation of liability provided for in the Terms is ineffective in relation to a consumer, the relevant provisions of law apply.
§ 412. Overriding limit on liability restrictions
-
All limitations, exclusions and reservations concerning liability contained in the Terms apply only to the extent permitted by applicable law.
-
The Terms do not exclude or limit the Service Provider's liability:
-
in cases where the law prohibits such exclusion;
-
for actions for which liability must be borne under mandatorily applicable law;
-
to any other extent in which a limitation would be invalid or ineffective.
-
-
If a specified limitation of liability proves impermissible only in part, the remaining provisions of the Terms remain effective to the extent permitted by law.
Chapter 21
Amendments to the Terms and other documents
§ 413. Versioning of the Terms
-
The Terms are identified by a version number.
-
An effective date may be specified for each version of the Terms.
-
The current version of the Terms is publicly available on the Portal.
-
Information about the currently effective version of the Terms is maintained by the ReputoNode system.
-
The Service Provider may use a technical mechanism allowing it to determine which version of the Terms the User accepted.
§ 414. Archived versions of the Terms
-
The Service Provider is not required to provide a public archive of all previous versions of the Terms on the Portal, unless such an obligation results from law.
-
The Service Provider may retain earlier versions of documents internally to the extent necessary for:
-
demonstrating the content that applied at a given time;
-
resolving disputes;
-
fulfilling legal obligations;
-
organizational or technical purposes.
-
-
The absence of a public archive does not affect the obligation to make the current version of the Terms available.
§ 415. Changes not requiring renewed acceptance
-
Renewed acceptance of the Terms is not required for changes that do not cause a material change to the User's rights or obligations.
-
This applies in particular to:
-
correcting typographical errors;
-
correcting linguistic errors;
-
formatting changes;
-
numbering corrections;
-
correcting cross-references between sections;
-
stylistic changes;
-
clarifying an existing rule without changing its meaning;
-
other changes of a technical or editorial nature.
-
-
The Service Provider may assign a new document version number to such a change without requiring renewed acceptance if the nature of the change does not require it.
§ 416. Changes requiring renewed acceptance
-
The Service Provider may require the User to accept a new version of the Terms if the change has a material impact on rights, obligations, or the manner of using the Portal.
-
Renewed acceptance may be required in particular in the event of:
-
introducing new material obligations for the User;
-
introducing new material restrictions;
-
changing the rules for providing core services;
-
a material change to the rules concerning Content;
-
a material change to the Moderation rules;
-
changing the basic rules for using the Account;
-
other changes justifying renewed acceptance.
-
-
Whether a given version requires renewed acceptance may be determined by the legal-document configuration used by ReputoNode.
§ 417. Mechanism for requiring new acceptance
-
ReputoNode may compare the version of the Terms accepted by the User with the version currently required.
-
If the User has not accepted the required current version, after logging in the User may be redirected to a screen informing them about the new Terms.
-
Until the required version is accepted, the User's access to ordinary Account functions may be restricted.
-
In such a case, the User may remain technically logged in, but instead of the ordinary feed or other Portal functions may be given access only to functions necessary to make a decision concerning the new version of the document.
-
The restriction referred to in paragraph 4 does not constitute deletion of the Account.
§ 418. Functions available without accepting the new version
-
The User who has not accepted the required new version of the Terms has the opportunity to review the document.
-
To the extent technically available, the User may also:
-
log out;
-
contact the Service Provider;
-
initiate the Account deletion procedure;
-
take other actions necessary to exercise their rights.
-
-
The User may also use public ReputoNode functions available to persons who are not logged in, if those functions do not require acceptance of the new version of the Terms.
§ 419. Failure to accept the new version
-
The User is not required to accept a new version of the Terms.
-
Failure to accept it may, however, prevent further active use of functions requiring an Account.
-
Failure to accept it does not result in automatic immediate deletion of the Account.
-
A User who does not wish to accept the new version may stop using ReputoNode and use the Account deletion procedure.
-
Until the Account deletion procedure is completed, the relevant provisions of the Terms concerning Account deletion apply.
§ 420. Information about amendments to the Terms
-
ReputoNode informs the User about the need to accept a new required version of the Terms through a mechanism available after login.
-
The Service Provider may additionally provide information about changes:
-
by email;
-
through a notice on the Portal;
-
on the legal documents page;
-
through other appropriate channels.
-
-
The Service Provider does not undertake to send an email about every amendment to the Terms unless the obligation to use a particular information channel results from law.
-
In the event of a material change to the terms of use, the Service Provider provides information about the change to the extent and in the manner required by applicable law.
§ 421. Effective date of changes
-
The Terms do not establish one fixed advance-notice period for all types of changes.
-
The effective date of a new version may depend on:
-
the nature of the change;
-
its impact on Users;
-
obligations resulting from law;
-
the reason for introducing the change;
-
security considerations.
-
-
If the law requires information to be provided to the User with a specified or appropriate advance notice, the Service Provider applies the required rules.
§ 422. Changes requiring urgent entry into force
-
In justified cases, a change may be introduced without the standard period preceding its application or with shorter advance notice, if permitted by law.
-
This applies in particular to changes necessary due to:
-
a change in applicable law;
-
a legally binding order of an authority;
-
a security threat;
-
the need to remediate a vulnerability;
-
preventing serious abuse;
-
the need to prevent circumvention of safeguards;
-
other urgent circumstances requiring a rapid response.
-
-
The urgent nature of a change does not exclude the User's rights arising from mandatory provisions of law.
§ 423. Reasons for amending the Terms
-
The Service Provider may amend the Terms for justified reasons.
-
A reason for a change may include, in particular:
-
a change in law;
-
a change in the manner in which applicable provisions are interpreted or applied;
-
development of ReputoNode;
-
adding new functions;
-
changing existing functions;
-
discontinuing specified functions;
-
a change in technology;
-
a change in infrastructure;
-
increasing security;
-
preventing abuse;
-
a change in Moderation processes;
-
a change in the Reputation system;
-
an organizational change;
-
the need to remove ambiguities or inconsistencies;
-
adapting the document to the actual manner in which the services are provided;
-
another justified reason connected with the operation of ReputoNode.
-
-
The list of reasons indicated in paragraph 2 is not exhaustive.
-
An amendment to the Terms may not be made in a manner contrary to mandatory provisions of law.
§ 424. Effects of new provisions
-
A new version of the Terms applies from its effective date.
-
As a rule, the new provisions apply to use of the Portal from the moment they enter into force.
-
Actions taken by the User before the new version enters into force are assessed under the rules applicable at the time they were taken, unless the nature of the change, applicable law, or other rules of the Terms provide otherwise.
-
An amendment to the Terms may not deprive the User of vested rights in a manner contrary to mandatory provisions of law.
§ 425. Changes to mechanisms operating on existing data
-
A change to a particular technical mechanism may also affect data or results generated earlier if this follows from the nature of that mechanism and the Terms permit it.
-
This applies in particular to:
-
recalculation of Reputation;
-
changes to the manner in which results are presented;
-
changes to sorting mechanisms;
-
Moderation changes;
-
changes resulting from bug fixes;
-
other mechanisms whose operation covers existing data.
-
-
Applying a new mechanism to existing data does not automatically mean that conduct of the User that occurred earlier is assessed as a violation under rules that were not in force at that time.
§ 426. Recording acceptance
-
ReputoNode may store information allowing it to demonstrate that the User accepted a particular version of a document.
-
Such information may include at least:
-
the User identifier;
-
the document type;
-
the document version number;
-
the date and time of acceptance.
-
-
ReputoNode does not require an IP address to be recorded solely as evidence of acceptance of a document.
-
ReputoNode also does not require recording the language in which the User reviewed the document solely as evidence of acceptance.
-
Detailed rules for processing data connected with document acceptance are set out in the Privacy Policy.
§ 427. Community Standards
-
The Community Standards have separate versioning.
-
The Community Standards form an integral part of the Terms.
-
A material amendment to the Community Standards that introduces new obligations, prohibitions, or restrictions of material significance to the User may require renewed acceptance of the relevant version of the documents.
-
A change that merely:
-
adds an example;
-
expands the description of an existing prohibition;
-
improves the language;
-
clarifies an already applicable rule,
-
-
does not have to require renewed acceptance if it does not materially change the User's rights or obligations.
-
Whether renewed acceptance is required may be determined by the legal-document configuration used in ReputoNode.
§ 428. Privacy Policy
-
The Privacy Policy is versioned separately from the Terms.
-
A new version of the Privacy Policy does not automatically mean that the User has given a new consent to the processing of personal data.
-
The Privacy Policy is informational to the extent specified by the applicable data-protection provisions.
-
If particular processing requires the User's consent, the consent is obtained separately in the manner required by law.
-
In justified cases, the Service Provider may require the User to confirm that they have reviewed a new version of the Privacy Policy.
-
Confirmation that the User has reviewed the Privacy Policy is not equivalent to consent to all processing operations described in it.
§ 429. Optional consents
-
Consents that, under the law, require a separate voluntary decision by the User are not given solely by accepting the Terms.
-
This applies in particular to consents for analytics solutions or other technologies if their use requires consent.
-
Refusal to give an optional consent may not be treated as refusal to accept the Terms.
-
The User should be able to manage optional consents in accordance with applicable law and the relevant Portal mechanisms.
§ 430. Welcome Guide and informational materials
-
The Welcome Guide and other informational materials may have their own versioning.
-
Informational materials may be changed without requiring renewed acceptance by the User if they do not independently establish new obligations or restrictions for the User.
-
Informational material may not amend the Terms or the Community Standards in a manner that does not result from the proper procedure for amending those documents.
-
In the event of a conflict between informational material and the Terms, the Terms prevail.
§ 431. Language versions of amended documents
-
ReputoNode legal documents may be made available in different language versions.
-
The Polish version of the Terms remains the source and interpretative version in accordance with the rules set out in the Terms.
-
Translations should reflect the meaning of the Polish version as faithfully as possible.
-
In the event of discrepancies between versions, the rules concerning priority of the Polish version apply, subject to the User's mandatory rights.
-
A translation error may be corrected without changing the meaning of the Polish version of the document.
§ 432. Changes to the digital service and consumer rights
-
The Service Provider may develop and modify ReputoNode in accordance with the Terms and applicable law.
-
If a change to the digital service materially and adversely affects the consumer's access to or use of the service, the Service Provider applies the information obligations and other protective measures required by applicable law.
-
The Terms do not limit the consumer's statutory rights connected with changes to the digital service.
-
The Service Provider does not establish one rigid mechanism in the Terms for all future changes if the scope of required actions depends on the law applicable at the relevant time and the nature of the specific change.
§ 433. Priority of mandatory provisions
-
An amendment to the Terms or another ReputoNode document may not effectively exclude rights of which the User may not be deprived under applicable law.
-
If the manner of introducing a particular change is subject to specific legal requirements, those requirements take precedence over the general rules set out in this Chapter.
-
The provisions of this Chapter should be interpreted taking into account mandatory provisions concerning, in particular, digital services, intermediary services, consumer protection, and personal-data protection.
Chapter 22
Duration and termination of the Agreement
§ 434. Conclusion and duration of the Agreement
-
The Agreement between the User and the Service Provider is concluded after successful completion of the Account registration and activation process in accordance with the rules set out in the Terms.
-
Merely submitting the registration form and creating a technically inactive Account does not yet constitute conclusion of the Agreement.
-
The Agreement is concluded after successful confirmation of the email address and activation of the Account.
-
The Agreement is concluded for an indefinite period.
-
Use of public Portal functions available without an Account does not in itself result in conclusion of an Agreement concerning maintenance of an Account.
§ 435. Termination of the Agreement by the User
-
The User may at any time and without giving a reason initiate the ordinary procedure for terminating the Agreement by submitting a request to delete the Account.
-
No additional notice period applies to ordinary termination of the Agreement by the User beyond the 30-day waiting period provided for the Account deletion procedure.
-
During the waiting period, the Agreement remains in force to the limited extent specified in Chapter 17.
-
The User may cancel the Account deletion procedure before final deletion is carried out.
-
If the procedure is successfully cancelled, the Agreement remains in force without the need to conclude it again.
-
If the procedure is not cancelled, the Agreement is terminated upon final deletion and anonymization of the Account.
-
Paragraphs 1–6 concern ordinary termination of the Agreement by the User and do not limit the Consumer's statutory right to withdraw from the Agreement if such a right is available under the applicable provisions.
-
A Consumer who has a statutory right to withdraw from a distance Agreement may withdraw from it within 14 days from the date of conclusion of the Agreement, without giving a reason, by making an unequivocal statement:
- by email to contact@reputonode.com; or
- by correspondence to the Service Provider's address indicated in Chapter 3.
-
The time limit is met if the statement is sent before it expires. The Consumer may use the model form constituting Appendix No. 1 to the Terms, but this is not mandatory.
-
Effective statutory withdrawal from the Agreement is independent of the ordinary 30-day Account deletion procedure and has the effects specified by applicable law.
-
After receiving an effective statement of withdrawal, the Service Provider may immediately block access to the Account and handles Content, data, and other Account elements in accordance with the applicable provisions. The rules for ordinary Account deletion apply only to the extent consistent with the effects of statutory withdrawal.
-
If the Consumer submits a statement of withdrawal using an electronic mechanism made available by the Portal, the Service Provider sends confirmation of its receipt on a durable medium if required by law.
-
The provisions concerning the statutory right of withdrawal apply only where, in the specific relationship, the User has Consumer status, the Service Provider acts as a trader, and the applicable provisions do not exclude application of that right.
§ 436. No obligation to give a reason
-
The User is not required to justify the decision to stop using ReputoNode.
-
The Service Provider may not make initiation of the ordinary Account deletion procedure conditional on the User providing a reason for leaving.
-
The User may voluntarily provide information about the reasons for leaving if the Portal provides such an option.
§ 437. Termination of the Agreement by the Service Provider due to a violation
-
The Service Provider may terminate the Agreement with the User in the event of serious or repeated violation of:
-
the Terms;
-
the Community Standards;
-
applicable law;
-
Portal security rules.
-
-
The Agreement may be terminated in particular where the User:
-
repeatedly publishes prohibited Content;
-
commits serious abuse;
-
manipulates the Reputation system;
-
uses the Portal for fraud;
-
impersonates other persons or entities;
-
seriously infringes the rights of other persons;
-
attacks the Portal infrastructure;
-
uses the Account for unlawful activity;
-
circumvents previous restrictions or blocks;
-
otherwise materially violates the terms of use of ReputoNode.
-
-
Termination of the Agreement for Moderation-related reasons is one of the possible Moderation measures.
§ 438. Particularly serious violation
-
In the event of a particularly serious violation, the Service Provider may terminate the Agreement with immediate effect.
-
A prior warning is not required if the nature of the violation justifies immediate action.
-
This applies in particular to cases involving:
-
a serious criminal offence;
-
a direct threat to the safety of persons;
-
sexual exploitation of minors;
-
serious fraud;
-
terrorist activity;
-
an attack on the Portal infrastructure;
-
a serious data-security breach;
-
deliberate circumvention of a permanent ban;
-
another violation whose nature makes continued provision of the service reasonably impossible.
-
§ 439. Less serious and repeated violations
-
In the case of less serious violations, the Service Provider may apply a less severe Moderation measure before terminating the Agreement.
-
Such a measure may include in particular:
-
a warning;
-
removal or restriction of Content;
-
temporary restriction of Account functions;
-
a temporary suspension;
-
another proportionate action.
-
-
The Service Provider is not required to issue a specified number of warnings before terminating the Agreement.
-
When selecting a measure, the Moderation rules set out in Chapter 13 are taken into account.
§ 440. Impossibility of continuing to provide the service
-
The Service Provider may also terminate the Agreement with a particular User where continued provision of the service to that User is impossible or impermissible.
-
A reason may include in particular:
-
a legally binding order or decision of a competent authority;
-
an obligation resulting from law;
-
a permanent technical impossibility of providing the service to that User;
-
the need to protect the security of the Portal or other persons;
-
another situation in which continued maintenance of the Account would be unlawful or objectively impossible.
-
-
Where circumstances permit, the Service Provider informs the User of the reason for termination of the Agreement in accordance with applicable law.
§ 441. Permanent Account ban and termination of the Agreement
-
A permanent Account ban imposed by the Service Provider means the end of the ability to continue using that Account and may lead to termination of the Agreement.
-
A permanent ban and termination of the Agreement are not treated as two separate mandatory stages of proceedings.
-
If a Moderation Decision provides for permanent termination of access to the Account, the Service Provider may simultaneously terminate the Agreement.
-
The User has no right to create a new Account in order to circumvent such termination if the ban includes a prohibition on using the Portal again.
§ 442. No 30-day period upon termination due to a violation
-
If the Agreement is terminated by the Service Provider due to a violation of the Terms, the User is not automatically entitled to the 30-day cancellation period provided for voluntary Account deletion.
-
The Account may be restricted or blocked before final deletion or anonymization of data.
-
The timing of technical deletion or anonymization of the Account may depend on:
-
the nature of the violation;
-
ongoing Moderation proceedings;
-
an appeal;
-
the need to preserve evidence;
-
legal obligations;
-
security needs;
-
technical processes.
-
-
Termination of the Agreement does not mean that all data must immediately be physically deleted from every technical system.
§ 443. Content after termination of the Agreement by the Service Provider
-
The manner in which the User's Content is handled after termination of the Agreement by the Service Provider depends on the reason for termination and the nature of the individual Content.
-
Content may in particular:
-
remain publicly available after anonymization of the author;
-
be partially removed;
-
be hidden;
-
be completely removed.
-
-
The Service Provider may in particular remove Content that:
-
violates the law;
-
violates the Terms or the Community Standards;
-
forms part of abuse;
-
creates a threat;
-
should be removed for another justified reason.
-
-
The mere fact that the Agreement with the User has been terminated does not necessarily result in automatic removal of all of the User's earlier lawful Content.
-
The provisions concerning anonymization, licensing, copyright, and Reputation apply accordingly to Content that remains.
§ 444. Information about termination of the Agreement by the Service Provider
-
If the Service Provider terminates the Agreement or permanently bans the Account in connection with the User's Content or a violation of the terms of use, it informs the User about the decision and its basic reasons to the extent required by applicable law.
-
The information may include in particular:
-
identification of the measure applied;
-
the basis for the decision;
-
identification of the violation;
-
the scope of consequences for the Account;
-
information about the available appeal procedure.
-
-
As a rule, the information is sent to the email address associated with the Account or by another available electronic means.
-
The information may not be provided, or its scope may be limited, in cases specified by law or by the security rules described in Chapter 13.
§ 445. Appeal against termination of the Agreement for Moderation-related reasons
-
The User may challenge termination of the Agreement resulting from a Moderation Decision under the rules set out in Chapter 13.
-
Following reconsideration of the matter, the decision may be:
-
upheld;
-
changed;
-
revoked.
-
-
If termination is revoked before irreversible technical processes are carried out, the Service Provider may restore the Account or its functions to the appropriate extent.
-
The technical possibility of restoring particular data depends on the state of the system at the time the decision is changed.
§ 446. No ordinary termination by the Service Provider without cause
-
ReputoNode is operated with the intention of enabling Users to use the Portal on a long-term basis.
-
The Service Provider does not envisage routinely terminating individual Agreements with active Users without a justified reason.
-
The Terms do not establish a general fixed notice period for termination of the Agreement by the Service Provider.
-
Paragraph 2 does not limit the possibility of terminating the Agreement in the cases specified in the Terms, in particular:
-
due to violations;
-
due to the impossibility of continuing to provide the service;
-
due to legal requirements;
-
due to termination of operation of the entire Portal.
-
-
The User's rights arising from mandatory provisions remain unaffected.
§ 447. Complete termination of ReputoNode operations
-
Complete and permanent termination of ReputoNode operations results in termination of Agreements with Users in connection with discontinuation of the services.
-
The rules concerning technical closure of the Portal and deletion of data are set out in Chapter 18.
-
In the event of complete closure of ReputoNode, the Service Provider may delete Accounts and Content in accordance with the rules set out in the Terms and applicable law.
-
The Service Provider is not required to continue maintaining Public Content after complete termination of the Portal's operation.
§ 448. Data after termination of the Agreement
-
Termination of the Agreement does not impose an obligation on the Service Provider to continue storing the User's data unless:
-
such an obligation results from law;
-
retention of the data is necessary to comply with a legally binding request from an authority;
-
there is another legally justified basis for retaining it.
-
-
The Service Provider may delete or anonymize data after termination of the Agreement in accordance with the Terms, the Privacy Policy, and applicable law.
-
Data retained on a specific legal basis may be stored only to the extent and for the period justified by that basis.
-
The mere fact that an Account previously existed does not constitute a basis for indefinitely retaining all User data.
§ 449. Provisions applicable after termination of the Agreement
-
Termination of the Agreement does not automatically cause the expiry of provisions that, by their nature, should also apply after the User has stopped using the Portal.
-
This applies in particular to provisions concerning:
-
Content that remains;
-
the license necessary to use Content that remains;
-
intellectual property rights;
-
liability for earlier actions;
-
existing claims;
-
effects of Reactions;
-
Moderation history;
-
security;
-
handling of ongoing disputes and Reports.
-
-
These provisions remain applicable only to the extent justified by their nature and by applicable law.
-
This section does not create an obligation to retain data for which there is no appropriate basis for further storage.
§ 450. Prohibition on transfer of the Account and Agreement by the User
-
The User may not transfer their Account to another person.
-
The User may not, without the Service Provider's consent, transfer to another person their status as a User arising from the Agreement.
-
In particular, it is prohibited to:
-
sell the Account;
-
transfer the Account to another person;
-
transfer Reputation by transferring the Account;
-
transfer access to the Account, for consideration or free of charge, for the purpose of changing its actual owner.
-
-
This rule does not exclude use of an entity's Account by a person duly authorized to represent that entity.
§ 451. Change of the entity operating ReputoNode
-
In the future, ReputoNode may be operated by an entity other than the current Service Provider.
-
Such a change may occur in particular in connection with:
-
commencement of business activity by the Service Provider;
-
establishment of a company;
-
contribution of the Portal to another entity;
-
reorganization of the activity;
-
sale or other lawful transfer of the activity connected with ReputoNode.
-
-
In the event of a change of the entity operating the Portal, rights and obligations connected with the Agreements may be transferred to the new entity only to the extent and in the manner permitted by applicable law.
-
The change of entity may not result in depriving the User of rights that cannot lawfully be excluded or limited.
-
If the change requires Users to be informed, a particular consent to be obtained, the Terms to be amended, information concerning the data controller to be provided, or other legal obligations to be fulfilled, the Service Provider fulfills those obligations before or in connection with the change.
-
The new entity may become the Service Provider of ReputoNode after meeting the requirements arising from applicable law.
§ 452. Continuity of Accounts after a change of Service Provider
-
If the change of the entity operating ReputoNode is carried out in accordance with law, Users' Accounts may continue to function without the need to recreate them technically from the beginning.
-
In such a case, the following may in particular be retained:
-
Profiles;
-
Posts;
-
Comments;
-
Replies;
-
Reputation;
-
Reactions;
-
Following relationships;
-
other data necessary to maintain continuity of the service.
-
-
Retention of data and any transfer of it to the new entity requires an appropriate legal basis.
-
Information concerning the processing of personal data in connection with a change of the entity operating the Portal is provided in accordance with the applicable provisions and the Privacy Policy.
§ 453. Priority of law
-
The provisions concerning termination, ending, or transfer of the Agreement apply only to the extent consistent with applicable law.
-
The Terms do not limit consumer rights or other User rights that cannot effectively be excluded.
-
If the law requires an additional procedure, information, time limit, or consent for a particular method of terminating or transferring the Agreement, the relevant provisions of law apply.
Chapter 23
Governing law, consumers, and dispute resolution
§ 454. Governing law
-
Polish law applies to the Terms, the Agreement, and legal relationships connected with use of ReputoNode, subject to mandatory provisions of law applicable in a given situation.
-
The choice of Polish law does not deprive a consumer of protection granted by provisions that cannot be excluded by agreement and that would apply under the applicable rules of private international law.
-
The rule set out in paragraph 1 also applies to Users using ReputoNode in connection with business, professional, organizational, or institutional activity, unless applicable law provides otherwise.
-
The provisions of this section should not be interpreted as excluding application of mandatory provisions applicable to a particular User or a particular legal relationship.
§ 455. Consumer protection
-
A Consumer enjoys the rights granted by mandatory provisions of law.
-
The Terms are not intended to limit or exclude consumer rights that cannot effectively be limited or excluded by agreement.
-
If a particular provision of the Terms provides the Consumer with less protection than a mandatory provision applicable in the Consumer's situation, the relevant provision of law applies.
-
Application of a provision affording the Consumer greater protection does not in itself render the remaining provisions of the Terms invalid.
§ 456. Amicable resolution of disputes
-
If a dispute arises between the User and the Service Provider, the parties may attempt to resolve it amicably.
-
Before referring the matter to court, the User may contact the Service Provider at the address indicated in Chapter 3 and present the circumstances of the matter and the expected manner of resolving it.
-
The Service Provider may attempt to clarify the matter and find a solution acceptable to the parties.
-
An attempt at amicable dispute resolution is not a mandatory condition for referring the matter to court unless a specific obligation results from mandatory provisions of law.
-
Use of the complaint procedure or an attempt at amicable dispute resolution does not deprive the User of the right to use other legal remedies.
§ 457. Out-of-court resolution of consumer disputes
-
A Consumer may use mechanisms for out-of-court resolution of consumer disputes available under applicable law.
-
The possibility of using a particular procedure, the jurisdiction of the entity conducting such a procedure, and the conditions for initiating it result from applicable law.
-
The Service Provider does not declare in the Terms a standing and unconditional consent to participate in all voluntary proceedings concerning out-of-court resolution of consumer disputes.
-
If the law applicable to a particular matter requires the Service Provider to state its position regarding participation in such proceedings, the Service Provider provides the required position in accordance with those provisions.
-
If the Service Provider decides to participate in a particular proceeding or its participation is required by law, it provides the Consumer with the required information concerning the competent authorized entity.
-
The absence of a general declaration of participation in out-of-court proceedings does not limit the Consumer's rights arising from applicable law.
§ 458. Position after an unresolved consumer complaint
-
If, after a Consumer complaint has been considered, the dispute remains unresolved and applicable law requires information concerning out-of-court dispute resolution to be provided to the Consumer, the Service Provider fulfills that obligation in the required form.
-
In such a case, the Service Provider may, in accordance with applicable law:
-
agree to participate in the relevant out-of-court proceeding;
-
declare an intention to submit the relevant application;
-
refuse to participate in voluntary proceedings where the law permits such refusal.
-
-
The decision referred to in paragraph 2 may be made individually for a particular dispute.
-
If the law requires identification of the competent entity authorized to conduct the proceeding, such information is provided to the Consumer in accordance with applicable law.
§ 459. No designation of a single permanent out-of-court entity
-
The Terms do not designate one entity competent for all possible consumer disputes concerning ReputoNode.
-
The competent out-of-court dispute-resolution entity may depend on:
-
the nature of the dispute;
-
the status of the parties;
-
the scope of competence of individual entities;
-
the provisions in force when the dispute arises.
-
-
If identification of a particular entity is required by law, the Service Provider provides the relevant information to the extent required in the particular matter.
§ 460. Assistance available to the Consumer
-
A Consumer may use the assistance of institutions and entities dealing with consumer-rights protection to the extent provided by applicable law.
-
This may include in particular assistance from:
-
a municipal or district consumer ombudsman;
-
competent public-administration authorities;
-
consumer organizations;
-
entities authorized to conduct out-of-court dispute resolution;
-
other institutions competent in view of the subject matter of the case.
-
-
The Terms do not limit the Consumer's right to seek independent legal assistance.
§ 461. Right of access to a court
-
The User has the right to pursue claims before the competent court under the rules laid down by applicable law.
-
Use of:
-
a complaint;
-
contact with the Service Provider;
-
an attempt at amicable dispute resolution;
-
an out-of-court method of dispute resolution
-
-
does not exclude the right to refer the matter to court unless applicable law provides otherwise with respect to a specific mechanism voluntarily selected after the dispute has arisen.
-
The Terms do not establish mandatory arbitration or mandatory out-of-court dispute resolution as a condition for access to a court.
§ 462. Court jurisdiction in consumer matters
-
In matters concerning consumers, court jurisdiction is determined in accordance with applicable national law and, where relevant, European Union law.
-
The Terms do not impose on the Consumer the exclusive jurisdiction of the court of the Service Provider's place of residence if this would conflict with the jurisdiction rules available to the Consumer.
-
If, under applicable law, the Consumer may pursue claims before the court of the Consumer's place of residence or another competent court, the Terms do not limit that right.
-
The Service Provider pursues claims against a Consumer before the court competent under applicable law.
§ 463. Court jurisdiction in relation to Professional Users
-
In disputes with a User using ReputoNode in connection with business, professional, organizational, or institutional activity, insofar as applicable law permits such an agreement to be made effectively, the court with territorial jurisdiction is the court competent for the Service Provider's place of residence or registered office.
-
Paragraph 1 does not apply if:
-
specific provisions provide for different jurisdiction that the parties may not alter;
-
the User benefits from protection that excludes application of such a provision;
-
the agreement on court jurisdiction would be ineffective for another reason.
-
-
The User's status and the possibility of applying paragraph 1 are assessed according to the actual nature of the legal relationship and the applicable provisions, not solely on the basis of the Account name.
§ 464. Disputes between Users
-
The Service Provider is not a court, arbitrator, or authority appointed to resolve private disputes between Users.
-
Users may independently attempt to resolve a dispute amicably.
-
In the event of a dispute between Users, the Service Provider may take actions concerning the operation of ReputoNode, in particular as part of:
-
Moderation;
-
security;
-
enforcement of the Terms;
-
performance of obligations resulting from law.
-
-
A Moderation action taken by the Service Provider does not constitute resolution of all civil, criminal, administrative, or other claims existing between the persons concerned.
-
Likewise, the absence of a Moderation action does not determine that one person bears no liability toward another under applicable law.
§ 465. Disputes concerning third-party rights
-
Moderation carried out by ReputoNode does not replace a determination by a competent court or authority.
-
This applies in particular to disputes concerning:
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copyright;
-
trademarks;
-
image rights;
-
personal rights;
-
personal data;
-
trade secrets;
-
ownership;
-
performance of agreements;
-
other third-party rights.
-
-
The Service Provider may take a Moderation action before a dispute is finally resolved by a court or authority if this is justified by the Terms, security, or applicable law.
-
A Moderation Decision concerns the operation of Content or an Account within ReputoNode and does not in itself determine the ultimate existence or scope of the parties' rights outside the Portal.
§ 466. Court judgments and decisions of authorities
-
The Service Provider complies with legally binding judgments, decisions, orders, and other determinations of competent courts or authorities to the extent required by applicable law.
-
Compliance with such a determination may include in particular:
-
removal of Content;
-
restriction of access to Content;
-
preservation of data;
-
provision of information to an authorized authority;
-
restriction of an Account;
-
another action required by the content of the binding determination.
-
-
The Service Provider is not required to comply with a request from a private person solely because that person claims to hold a particular right if the request has no appropriate basis in the Terms or applicable law.
§ 467. Decisions concerning personal data
-
Matters concerning personal-data protection are governed by the applicable data-protection provisions and the rules set out in the Privacy Policy.
-
Use of procedures provided for in the Terms does not limit the data subject's right to use the remedies provided by applicable law.
-
If a competent data-protection authority issues a binding decision or order against the Service Provider, the Service Provider complies with it to the extent required by law.
§ 468. Invalidity or ineffectiveness of part of the Terms
-
If a particular provision of the Terms proves invalid, ineffective, or unenforceable, this does not automatically make the entire Terms invalid or ineffective.
-
The remaining provisions remain in force to the extent that they may continue to apply in accordance with law.
-
The relevant provisions of applicable law apply in place of a provision that cannot be effectively applied.
-
If only part of a particular provision is ineffective, the remaining part may be applied to the extent permitted by law, provided its lawful meaning can be preserved.
§ 469. Priority of mandatory User rights
-
No provision of the Terms may be interpreted as depriving the User of a right that, under applicable law, cannot effectively be excluded or limited.
-
If an applicable provision grants a Consumer or another protected User a right more favorable than that resulting from the Terms, the relevant provision of law applies.
-
Application of such a provision does not automatically render the remaining provisions of the Terms ineffective.
§ 470. Overriding principles of dispute resolution
-
The parties should, where reasonable in the circumstances of the case, seek to clarify the dispute without unnecessary escalation.
-
Voluntary resolution of a dispute may not, however, result in depriving the User of rights arising from mandatory provisions.
-
No provision of this Chapter:
-
limits the statutory right of access to a court;
-
establishes mandatory arbitration;
-
requires a Consumer to waive jurisdiction rules available to them;
-
deprives a Consumer of protection arising from the law applicable under mandatory provisions;
-
obliges the Service Provider to participate in every voluntary out-of-court proceeding unless such an obligation results from law or from a decision made by the Service Provider in the particular matter.
-
-
Matters not regulated by the Terms are governed by the applicable provisions of law.
Chapter 24
Final provisions
§ 471. Entry into force of the Terms
-
The Terms enter into force on:
<uzupełnij>[DATA WEJŚCIA W ŻYCIE REGULAMINU]. -
The current version of the Terms is identified by a version number and an effective date.
-
The effective date corresponds to the actual moment from which a given version of the Terms applies to the provision of services covered by the Terms.
§ 472. Availability of the Terms
-
The Terms are made publicly available free of charge on ReputoNode.
-
The Terms are made available before conclusion of the Agreement in a manner enabling the User to review their content.
-
The Terms should be available in a manner that allows the User to obtain, store, and subsequently reproduce them using the ordinary functions of the ICT system used by the User.
-
ReputoNode does not have to provide a separate button for downloading the Terms in PDF format if the manner in which they are made available allows the User to save their content using standard device or browser capabilities.
-
The User may retain their own copy of the Terms.
§ 473. ReputoNode documents
-
The basic rules for using ReputoNode are set out in:
-
the Terms;
-
the Community Standards, which form an integral part of the Terms.
-
-
The Privacy Policy is a separate informational document concerning, in particular, the rules for processing personal data.
-
The Welcome Guide and other informational or supporting materials are intended to make it easier to use ReputoNode and understand its functions.
-
Informational materials may not independently change rights or obligations arising from the Terms.
§ 474. Hierarchy of rules
-
The following hierarchy applies to use of ReputoNode:
-
mandatory provisions of law;
-
the Terms;
-
the Community Standards;
-
the Welcome Guide and other informational or supporting materials.
-
-
In the event of a conflict between the Terms and the Community Standards, the Terms prevail.
-
The Community Standards expand upon and clarify the rules set out in the Terms, in particular those concerning Content and User conduct.
-
Neither the Welcome Guide nor any other supporting material may limit rights arising from the Terms.
§ 475. Privacy Policy and the Terms
-
The Privacy Policy is not a document subordinate to the Terms in the same way as supporting materials because it concerns a separate legal area connected with the processing of personal data.
-
The rules for processing personal data should be assessed in accordance with the Privacy Policy and the applicable provisions on personal-data protection.
-
The Terms and the Privacy Policy should be interpreted in a manner that allows them to be applied consistently.
-
No provision of the Terms may limit data-subject rights arising from mandatory provisions on personal-data protection.
§ 476. Meaning of headings and structure
-
Chapter titles, section headings, and other structural elements of the Terms are primarily intended to facilitate reading and use of the document.
-
A title or heading alone should not be interpreted in a manner that changes the meaning of the content of a particular provision.
-
The meaning of a provision is determined primarily on the basis of its content, context, and applicable law.
§ 477. No waiver of rights
-
Failure by the Service Provider to exercise a particular right in a specific situation does not automatically constitute a waiver of that right for the future.
-
Failure to apply a particular measure to one violation does not mean that such conduct becomes permitted.
-
Application of a less severe measure in a particular matter does not oblige the Service Provider to apply an identical measure in every later matter.
-
Each situation may be assessed taking into account its individual circumstances, the principles of proportionality, and applicable law.
-
The provisions of this section do not entitle the Service Provider to act unlawfully or to engage in prohibited unequal treatment of Users.
§ 478. Individual exceptions
-
Granting an individual User an exception from a particular rule does not automatically create a right to the same exception for other Users.
-
An exception may result in particular from:
-
special circumstances of the matter;
-
technical reasons;
-
security considerations;
-
the need to fulfill a legal obligation;
-
correcting an earlier error;
-
other justified circumstances.
-
-
An individual exception does not amend the Terms for all Users unless the Service Provider makes an appropriate amendment to the Terms.
§ 479. New ReputoNode functions
-
ReputoNode may be developed by adding new functions and services.
-
A new function may be covered by the current Terms from the moment it is made available if its nature falls within the existing rules and does not require introduction of new material rights or obligations for the User.
-
Merely indicating in the Terms the possibility of introducing a particular function in the future does not constitute an obligation of the Service Provider to launch it.
-
The Service Provider may:
-
abandon a planned function;
-
change its scope before launch;
-
replace it with another solution;
-
launch it only for some Users;
-
conduct tests of it;
-
postpone its implementation.
-
-
The User does not acquire a right to a future function solely because the possibility of introducing it was described in the Terms or another ReputoNode material.
§ 480. Additional terms for new services
-
If the nature of a new service or function requires additional rules to be specified, the Service Provider may introduce specific terms, additional conditions, or another appropriate document.
-
Additional rules may concern in particular future:
-
paid services;
-
advertising systems;
-
a marketplace;
-
intermediation services;
-
APIs;
-
tools for businesses;
-
other functions not fully covered by the current Terms.
-
-
Introduction of additional terms does not mean that the Service Provider is obliged to launch any of the services listed in paragraph 2.
§ 481. Relationship between the main Terms and specific terms
-
If specific terms or additional conditions are introduced for a particular function or service, they apply together with these Terms.
-
Specific terms take precedence over these Terms only with respect to matters concerning the particular function or service that they regulate differently.
-
In all other respects, these Terms apply.
-
Specific terms may not effectively exclude User rights arising from mandatory provisions of law.
§ 482. Non-exhaustive lists
-
Where the Terms use expressions such as:
-
“in particular”;
-
“among other things”;
-
“may include”;
-
“including”;
-
other expressions indicating that a list is illustrative,
-
-
the relevant list is not exhaustive unless the wording of the provision expressly indicates otherwise.
-
The non-exhaustive nature of a list should not be interpreted as authorizing expansion of the User's obligations in a manner contrary to the essence of the Terms, their other provisions, or applicable law.
§ 483. Matters not regulated
-
Matters not regulated by the Terms are governed by the applicable provisions of law.
-
The absence of detailed regulation of a particular situation in the Terms does not mean that the following cease to apply:
-
applicable provisions of law;
-
rules resulting from the nature of the relevant service;
-
applicable provisions of other parts of the Terms.
-
-
The provisions of the Terms should be interpreted as a whole, taking into account the interrelationships between individual Chapters.
§ 484. Source version of the Terms
-
The Polish version of the Terms is the source and interpretative version.
-
ReputoNode may also make the Terms available in other language versions.
-
Translations are intended to enable Users to review the Terms in other languages.
-
In the event of discrepancies between a translation and the Polish version, the rules set out earlier in the Terms concerning language versions and mandatory provisions protecting the User apply.
§ 485. Information about the version of the Terms
-
Each effective version of the Terms has an identifier allowing it to be identified.
-
Information concerning this version:
Terms version: 1.0
Effective date:<uzupełnij>[DATA WEJŚCIA W ŻYCIE REGULAMINU] -
The rules for amending and versioning the Terms are set out in Chapter 21.
-
The indicated date is the effective date of the relevant version, not merely the date on which the file was technically created or last edited.
Appendix No. 1
Model withdrawal form
This form should be completed and sent only if the User has a statutory right to withdraw from the Agreement and wishes to exercise that right.
Addressee:
Damian Urbański
[[UZUPEŁNIJ: finalne dane adresowe Administratora / Usługodawcy wymagane do publikacji]]
contact@reputonode.com
I/We hereby give notice that I/We withdraw from the Agreement for the provision of ReputoNode services connected with maintenance of the Account.
- Username: ........................................................
- Email address assigned to the Account: ........................................................
- Date of conclusion of the Agreement / Account activation: ........................................................
- Consumer's full name: ........................................................
- Consumer's address: ........................................................
- Date: ........................................................
- Consumer's signature – only if this form is submitted on paper: ........................................................