MAIKIES TERMS OF USE OF THE PLATFORM

Last update: August 2022

Please read the Terms of use carefully before using the Maikies Platform. By now the Platform is directed for use by European Union citizens. In the future we intend to develop our Platform for global use.

Some countries and regions may be the subject of additional terms. You will find them at the bottom of this page. Additional regulations override the standard terms of use below to the extent of any inconsistency.

Terms of use are a legally binding agreement between You and Maikies or its affiliates (which we later on will refer as “Maikies”, “We”, “Our” or “Us”) and You may treat it as a set of rules for use of this Platform. Terms of use may be sometimes updated, and if so, we will notify You of them. In that case, continuation of your use of the Platform will mean your acceptance of updated rules (they will be always adjusted to the extent of applicable law). When making any purchase on the Platform, You also agree to the Terms of Sales that apply in your country. 

We are very happy to welcome You in Maikies community. Terms of use apply to our website, social media pages and other digital services that will come in the future – all of them are part of Maikies “Platform”. You may access our digital contents through a computer, mobile phone, tablet or other technology, which we here refer to as a “Device”. Please remember that your service provider may charge You with some fees for the use of data necessary for your Device to connect with the Internet.

Our privacy policy describes the collection and use of your personal information that we require from You in order to use the Platform to full extent. 

1. GENERAL RULES

You are only authorized to use the Platform if you are of legal age in your country or if you have permission from your parent or guardian. Certain age limitations may apply for the use of Platform services in various countries. Please check them with your guardians if You are not of legal age.

Account registration rules. Please be advised that you will need to follow the rules below in order to use the Platform:

• Provide true, accurate and current personal data information.

• Keep your registration data personal and avoid sharing your username, password and other credentials with anyone.

• Do not register more than one Maikies account, do not register a Maikies account on behalf of someone else and do not transfer your account.

• Inform us immediately in case of any unauthorized use of your Maikies account. You are responsible for anything that happens through your Maikies account – with or without your permission.
  TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, MAIKIES IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.

2. CONTENTS’ OWNERSHIP

Except for User Content (defined below), all of the content on our Platform – including pictures, photos, texts, graphics, designs, software, articles and other content (“Content”) – is owned by Maikies or others we license Content from, and is protected by copyright, trademark, patent and other laws. Maikies reserves all rights not expressly described in these Terms.

You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.

You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.

To the above described extent Maikies approves the download or use of Content contained of copyrights or copyrightable works, Maikies grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use of such copyrights or copyrightable works exclusively for their intended purpose and solely for as long as Maikies makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. Maikies reserves the right to monitor your use and to modify or withdraw this license or your access to the Content at any time and for any reason. Maikies reserves the right to dismiss any Content in violation of these terms or Maikies’ intellectual property rights. Maikies allowing you this limited use does not mean an abandonment of any of Maikies’ rights to the Content.

Outside of the specific usage rights granted to you by Maikies in connection with the Platform, you agree not to use, copy, distribute, download, sell or in an other way exploit any Content, including Users’ Content (unless it is your own Content that you legally post on the Platform), without Maikies’ prior written permission. Unauthorized use of the Content may mean an infringement of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

3. POSTING CONTENT ON THE PLATFORM

User Content License. Some parts of the Platform may allow you to post graphics, photos, videos, comments, and other content, which we refer to as “User Content”. Maikies is not responsible for User Content that is posted by its Users on the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to Maikies as described below:

You state that you have the right to post your User Content, and you grant Maikies a non-exclusive, free of charge, permanent, negotiable, sub-licensable, worldwide license to use any of the User Content that you post on the Platform or in connection with the Platform. This includes all the Data that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to reproduce, modify, translate, display, create derivative works, sublicense, distribute and assign these rights. Maikies may, in its entire discretion, remove any User Content at any time. You understand that deleted User Content may remain in Maikies’ systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not removed it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.

LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. You understand that any ideas coming from your comments or feedback that you provide us are on a non-confidential basis and you grant to Maikies a permanent, worldwide license to use all comments or feedback as you may share with us, without notice, confirmation or compensation to you, for any purposes, including development of new products or services, improvements and modifications to products or services, and marketing ideas or other ideas not clearly identified here. Nevertheless, we may aim to provide an appropriate compensation for people delivering values and ideas for our Platform, our Company or Maikies’ Users Community.

4. USER CODE OF CONDUCT

We’re delighted that you contribute to the Maikies’ community. Here are some ground rules:

• Act appropriately and responsibly. Respect other members of the community and behave mannerly. It is strictly forbidden to do: anything that is illegal, harrasing, discriminatory, misleading or insulting. Maikies has the right (but no obligation) to monitor and remove User Content, and in extreme cases to press charges against people that violate the Terms of use or any applicable laws. 

• Stay truthful and authentic. Do not impersonate any person or organization, including Maikies’ employees, other members of the community or anyone else. Just be Yourself. 

• Post only original content. If you decide to post User Content be sure that you have the necessary right or permissions to do so. 

• Be careful and thoughtful. Do not act in a way that may endanger Maikies or its users to any type of harm. Do not publish user content that may not be verified in terms of software viruses or other programmes that may damage or modify any Platform software or technology. It is also strictly forbidden to use any bots, robots, data mining software or any other automatic and/or data gathering technology for the interaction with the Platform. User Content of our Platform is a public place – do not post your or others personal information in the User Content section. 

5. COPYRIGHT INFRINGEMENT

Please consult a legal advisor before reporting to us as penalties may be imposed for false claims. Maikies may close accounts of Platform users who infringe the copyrights of third parties.

If you believe that your work has been improperly copied onto the Platform so that it constitutes a violation, please provide us with the following information:

(1) Yout name, address, phone number, e-mail address, and electronic or physical signature of the copyright owner or the person authorized to act on its behalf;

(2) a description of the work protected by copyright that you declare infringement;

(3) a description of where the content that you believe infringes is located on the Platform;

(4) a written statement of your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

Complaints about copyright infringement should be sent through the contact form or by post on our company address:

Legal Department

Maikies Design Bartosz Kaczmarek

Struga 66, 90-557 Lodz

Poland

6. PLATFORM PARTNERS

Occasionally, Maikies may connect or interact with third party websites, social media platforms and other products and/or services (“Third Parties”). You may be able to connect to these Third Parties through the Platform, but this does not imply that Maikies approbate, monitors, or has any control over these Third Parties or their activities, which are governed by their separate terms of use and privacy policy. You should carefully read the Third Party’s websites, terms of use and privacy policy. Maikies is not accountable for the policies, content or actions of Third Parties, and you interact with Third Parties at your own risk.

7. SIGNIFICANT DISCLAIMERS

The platform may promote physical activity, healthy lifestyle and general well-being. They are provided for informational purposes only and cannot be treated as medical advice or services, nor for diagnostic or therapeutic intention. Consider the risks connected with it and consult your doctor before undertaking any physical activity. Never neglect professional medical advice or postpone seeking it because of something you have viewed on the Platform. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAIKIES IS NOT LIABLE OR RESPONSIBLE FOR ANY INJURIES OR DAMAGES YOU MAY EXPERIENCE THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE PLATFORM.

To the extent permitted by applicable law, we are not responsible for your interactions with any other users of the Platform or for any harm or damage you may experience as a result of such interactions.

Be careful, responsible and take precautions when interacting with other users (especially users you do not know) on the Platform. Before you meet another person face to face, consider exploring their profile, bringing a friend, choosing public places, and telling someone where you will be. Maikies is under no obligation to engage in any user dispute, but may do so at its sole discretion.

Some jurisdictions do not allow certain constraints or exclusions of liability, legal warranties and remedies, so these exclusions and limitations may not apply to you.

Content on the Platform, User Content and other materials and products on the Platform should be a subject of your own or your guardian’s own assessment and we do not make any promises about its rightness, precision, appropriateness, usefulness, reliability or conformity. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAIKIES IS NOT LIABLE OR RESPONSIBLE FOR ANY USER CONTENT POSTED ON THE PLATFORM. 

MAIKIES doesn’t warrant that the Platform will be error free or uninterrupted, and that any defects will be corrected or that the Platform will be free from viruses or other harmful components.

To the fullest extent allowed by applicable law, MAIKIES disclaims all warranties, express or implied, with respect to the Platform, Content, User Content and any products or services that the user may access or receive through the Platform, including, but not limited to, implied warranties of title, marketability, fitness for a particular purpose and/or integrity. You as an User are exclusively responsible for any damage to your Device resulting from access to the Platform, to the extent of applicable law.

We hope you enjoy the use of the Platform and its full benefits, however, we do not guarantee any outcomes.

8. TERMINATION

Maikies may modify or terminate any part of Maikies Platform including membership programme, product or service at any time without prior notice. Maikies may close or suspend your account, delete your profile or any User Content, and restrict your use of all or part of the Platform at any time and for any reason, without any liability to Maikies, subject to applicable law.

You understand and agree that some of your User Content, in particular those displayed in the activity source or in other public places on the Platform, may continue to appear publicly even after your account is closed, subject to your right to have User Content removed on request in accordance with adequate law.

These Terms and Conditions will apply even after your account is closed or you stop using the Platform.

9. LIMITATION OF LIABILITY / COMPENSATION

Some jurisdictions do not allow certain limitations or exclusions of liability, legal warranties and remedies, so these exclusions may not apply to you. You agree to indemnify, defend and protect Maikies, its affiliates, employees, agents, licensors and suppliers (“Maikies Parties”) from all claims, fees, damages, expenses, losses, liabilities and costs, including, without limitation, legal fees arising out of or in any way related to your User Content, your use of the Platform, your use of the Content, your behavior in relation to the Platform or other Platform users, or any breach of these Terms Use, any rights or laws of any third part . You, on your behalf and on behalf of your holdings, heirs, successors, insurers, and other assigns, hereby fully and indefinitely indemnify the Maikies Parties from any claim or action that you may have for damages related in any way to your use of the Platform.

Some jurisdictions do not allow certain limitations or exclusions of liability, legal guarantees and remedies, so these exclusions / limitations may not apply to you.

NONE OF THE MAIKIES PARTIES WILL BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, INTENTIONAL OR ACCIDENTAL DAMAGES, INCLUDING AMONG OTHERS, FOR THE LOSS OF PROFITS OR THE LOSS OF DATA RESULTING FROM THE USE OR THE INABILITY TO USE THE PLATFORM OR THE EFFICIENCY OR EFFECTIVENESS OF THE PRODUCTS BOUGHT THROUGH THE PLATFORM OR OTHER PLATFORM USERS’ CONDUCT (BOTH ONLINE AND OFFLINE), OR THROUGH PARTICIPATION IN MAIKIES PARTIES’ EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITIES CONNECTED WITH THE USE OF THE PLATFORM, EVEN IF MAIKIES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU TAKE FULL RESPONSIBILITY OF THE PLATFORM. 

THE ONLY REMEDY AGAINST MAIKOM IN THE EVENT OF DAMAGE RESULTING FROM THE USE OF THE PLATFORM OR ANY CONTENT, IS A DISCONTINUED USE OF THE PLATFORM. IF MAIKIES IS FOUND LIABLE BY THE APPLYING LAW FOR YOUR LOSS OR DAMAGES RELATED TO THE USE OF THE PLATFORM OR ANY OF ITS CONTENT, MAIKIES LIABILITY SHALL NOT EXCEED 100 EURO.  

10. DISPUTES/ADDITIONAL CONDITIONS

Some of the Terms of use may not apply in different Jurisdictions, in such a case they can apply only to the extent allowed by applicable law. 

You understand and  agree that Maikies Platform is a passive platform based exclusively in Łódź, Poland, which does not give a rise to personal jurisdiction over Maikies in jurisdictions other than Poland.

You understand and agree that the Platform, Terms of Use, Terms of Sale, Privacy Policy and any disputes between you and Maikies will be governed in all respects by Polish law, without regard to its conflict of laws provisions, and not by any other law, convention or any Agreement for the International Sale of Goods.

Except where forbidden by applicable law and without limitation to any statutory consumer rights, you agree that any disputes, claims and legal proceedings directly or indirectly arising out of or related to the Platform (including the purchase of Maikies’ products but not limited to that extent) will be settled individually, without resort to any form of collective action and only in courts located in Poland.

You agree to waive any claims of “lack of personal jurisdiction” and “inconvenient forum” with respect to the place and jurisdiction of Polish courts.

All claims shall be made within one (1) year after the claim arose, except where a longer period is required by applicable law.

By using the Platform, you consent to receiving certain electronic communication  from Maikies, as permitted by applicable law.

You agree that any notices, contracts, agreements disclosures or other communications that Maikies sends you electronically will comply with all legal requirements for communications, including that such communications shall be in writing.

Maikies may transfer its rights and obligations under these Terms to any party at any time without notice, unless notice is required by applicable law, but this will not affect your rights or our obligations under these Terms.

Failure to comply with Maikies or enforce the strict adherence to these Terms shall not constitute a waiver of any of these Terms or the rights of Maikies. Users should always assume that these Terms and Conditions apply.

Maikies’ failure to comply with or enforce performance to these Terms shall not constitute a waiver of any of these Terms or the rights of Maikies. Users should always assume that these Terms and Conditions apply.

If any part or provision of these Terms is held invalid or unenforceable, the rest of these Terms will continue to apply .