Terms and Conditions

§ 1
DEFINITIONS

For the purposes of these Terms of Use, the following definitions apply:

  1. Terms of Use are understood to mean the terms of use of the TopTalks.com available on www.toptalks.com;
  2. TopTalks.com is understood to mean the web service named TopTalks.com available on www.toptalks.com;
  3. OmniCorp is understood to mean the OMNICORP Spółkę z ograniczoną odpowiedzialnością (LLC), residing at Cyfrowa Street No. 8, 71-441 Szczecin, POLAND, entered by the Regional Court of Szczecin-Center (XIII Wydział Gospodarczy Krajowego Rejestru Sądowego) into the Enterprise Register – National Court Register under the number KRS 0000575338, NIP: 8513187373;
  4. User is understood to mean any person who uses the TopTalks.com in any way;
  5. Material is understood to mean any audio or audiovisual material, including materials considered a work under the Polish Act on Copyright and Neighbouring Rights (Dz. U. of 2006 No. 90, item 631) and protected thereunder, published by OmniCorp as part of a live streaming or video-on-demand service in the form of a digital file on the TopTalks.com;
  6. Price list is understood to mean an actual price list presented on www.toptalks.com.

§ 2
GENERAL PROVISIONS

  1. These terms of use set out the terms and conditions of access to audio and audiovisual materials available through the TopTalks.com.
  2. The TopTalks.com shall be used exclusively to watch and listen to Materials pursuant to these Terms of Use.
  3. Through the TopTalks.com, OmniCorp disseminates Materials contained in the TopTalks.com catalogue via Internet – on a live stream and video-on-demand service.
  4. These Terms of Use are established by OmniCorp on the base of article 8 of the act of 18 July, 2002 on Providing Services by Electronic Means.

§ 3
CONCLUSION OF THE AGREEMENT

  1. To access the TopTalks.com the User needs to:
    1. visit www.toptalks.com,
    2. read and accept these Terms and Conditions,
    3. create an User account and confirm its registration.
  2. The User upon payment of fee placed in the price list, is granted a limited, non-exclusive, non-transferable license to make personal, non-commercial use of the Material or specific set of Materials in the specified period (the “License”).
  3. This License shall remain in effect until the end of its specified  period or unless terminated by the User or TopTalks.com. 
  4. The TopTalks.com service and any Material viewed through the service are for User’s personal and non-commercial use only. Except for the License specified in paragraph 2 of thos Article, no right, title or interest shall be transferred to the User. The User agree in specific not to use the service for public performances.
  5. The User can cancel his TopTalks.com License at any time. Payments are non-refundable though; OmniCorp do not provide refunds or credits for any unused License periods or unwatched TopTalks.com Material.
  6. OmniCorp reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the TopTalks.com Service, with or without notice, all without liability to the User for any interruption, modification, or discontinuation of the TopTalks.com Service or any function or feature thereof.
  7. Notwithstanding the foregoing, in case of suspending the access to any Material or Materials which is the subject to the License, OmniCorp – on the User’s request - will grant him the License for different Material or Materials. In case of User’s declaration of lack of will of continuing License in a way specified in the previous sentence, OmniCorp shall refund him the proportional share of fee.
  8. The TopTalks.com service is available throughout the whole world, unless otherwise is provided in the specific Material's information.

§ 4
TECHNICAL REQUIREMENTS

  1. The User shall fulfill the technical requirements for the use of the TopTalks.com on his own. Requirements are available on www.toptalks.com/requirements.
  2. The quality of the display of the TopTalks.com Materials may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. OmniCorp disclaims responsibility for any disruptions or inadequate reception of the Materials.
  3. The User is responsible for all Internet access charges.

§ 5
COMPLAINTS

  1. All User queries and comments concerning the TopTalks.com, including reports of errors occurring when accessing the Materials and faulty operations of the service, should be sent to [email protected]
  2. The e-mail should contain a description of the fault discovered, date and time of its occurrence, and the name of the Material.
  3. The reports shall be considered within 21 days of their delivery.
  4. Within the deadline, OmniCorp shall send the User an e-mail indicating a solution to the reported problem.
  5. Should the problem be associated with services provided by third parties that need to be clarified, the deadline may be postponed.

§ 6
INTELLECTUAL PROPERTY

  1. All Materials as well as graphic designs and editorial content available on the TopTalks.com are protected by intellectual property regulations and other laws.
  2. The User does not have the right to use the Materials, graphic designs, and editorial content mentioned in 1 above in any other way than set out in these Terms of Use, in particular the User agree not to archive, reproduce, distribute, modify,  publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the TopTalks.com service. The User also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the TopTalks.com service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the TopTalks.com service.
  3. All TopTalks.com trademarks, service marks, trade names, logos, domain names, and any other features of the TopTalks.com brand are the sole property of TopTalks.com or its licensors. The Agreements do not grant you any rights to use any TopTalks.com Brand Features whether for commercial or non-commercial use.

§ 7
PERSONAL DATA

  1. OmniCorp is the administrator of personal data of the Users, within the meaning of the laws and regulations governing protection of personal data, is the OmniCorp.
  2. Provision of the personal data by the User is completely voluntary; however, it is required for performance of the TopTalks.com services.
  3. The User has the right to have access to his/her personal data and the right to correct or delete them.
  4. The User declares that he has read the Service’s privacy policy posted on TopTalks.com website  and is aware of the nature and extent of data collected in the course of providing Service.
  5. OmniCorp may process personal data of the User if it is necessary for the proper provision of services.

§ 8
CHANGES TO THE TERMS OF USE

  1. OmniCorp reserves the right to change the Terms of Use
  2. The changes come into effect on the day of their publication on the TopTalks.com. In terms of Licenses granted before the day of change the current provisions shall apply.
  3. TopTalks.com may assign the Agreements or any part of them, and TopTalks.com may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

§ 9
FINAL PROVISIONS

  1. In matters not regulated by these Terms of Use binding provisions of the Polish law apply.
  2. All conflicts arising from the enforcement of these Terms of Use shall be considered by the court appropriate for OmniCorp’s registered office.
  3. The provisions of these Terms of use apply only in the cases not regulated in the video streaming supplier Terms of Use.
  4. These Terms of Use come into effect on 15 January 2018.