GENERAL TERMS

 

 

SUMMARY INFORMATION 

 THESE GENERAL TERMS REGULATE THE RELATIONS BETWEEN THE CONSUMERS (REGISTERED AND UNREGISTERED) AND PHAZZA REGARDING THE USE OF THE SERVICE. BY USING THE SERVICE THE CONSUMERS GENERATE CONTENT IN RESPECT OF WHICH PHAZZA IS NOT LIABLE FOR THE REGULAR USE OF COPYRIGHTS, AS WELL AS FOR ITS ACCURACY AND CREDIBILITY. 

THE REGISTERED CONSUMERS ARE ENTITLED TO USE THE SERVICE AFTER THEY ARE DULY REGISTERED IN THE WEBSITE AND SIGNED IN THEIR PERSONAL ACCOUNT. ANY INCORRECT DATA CONCERNING THE CONSUMER OR HIS/HER ACTIONS WHICH ARE IN NON-COMPLIANCE WITH THESE GENERAL TERMS MAY RESULT IN LIMITING THE RIGHT OF ACCESS TO THE SERVICE. 

THE REGISTERED CONSUMERS ARE ENTITLED TO RECEIVE MESSAGES FROM PHAZZA AND THIRD PARTIES IN RELATION WITH THE USE OF THE SERVICE UNDER CONDITIONS SPECIFIED BELOW. 

THE REGISTERED CONSUMERS SHALL BE AWARE OF THE FACT THAT THEY PROVIDE THEIR PERSONAL DATA WHICH ARE STORED BY PHAZZA IN ITS CAPACITY OF PERSONAL DATA ADMINISTRATOR AND AGREE THAT SOME DATA MIGHT BE AVAILABLE TO THIRD PARTIES UNDER CONDITIONS SPECIFIED BELOW. THE CONSUMERS SHALL BE AWARE OF THE FACT THAT DATA WHICH IS AVAILABLE TO THIRD PARTIES (WHO ARE NOT DULY AUTHORISED TO STORE AND PROCESS PERSONAL DATA) DO NOT CONTAIN INFORMATION WHICH MAY LEAD TO IDENTIFICATION OF INDIVIDUAL CONSUMERS OF THE WEBSITE. 

THE CONSUMERS SHALL BE AWARE OF THE FACT THAT THE WEBSITE USES COOKIES IN A WAY DESCRIBED BELOW.    

BY ACCEPTING THESE GENERAL TERMS THE CONSUMERS ENTIRELY AGREE WITH THEIR PROVISIONS IN THE ACTUAL VERSION POSTED ON THE WEBSITE.

REGARDLESS OF THE SUMMARY INFORMATION DESCRIBED ABOVE, THE SPECIFIC RELATIONS BETWEEN THE CONSUMERS AND PHAZZA ARE REGULATED BY ALL PROVISIONS OF THESE GENERAL TERMS WITH WHICH YOU SHALL BECOME FAMILIAR BELOW. 

 

I. General provisions 

A valid agreement between the Consumer and Phazza is concluded upon acceptance of these General terms by a Consumer of the Website. With his/her presence in the Website and by using it, the Consumer agrees with and accepts these General terms which may be amended unilaterally by Phazza without prior and explicit notification to the Consumers. The Consumers agree with the fact that they are deemed to be duly informed about amendments in these General terms upon publication of their latest version on the Website. The Consumers declare that by continuing the use of the Website they agree with the amendments made in the General terms. In case of disagreement Registered Consumers shall send a message to support@phazza.com with a request for deactivation of their accounts in the Website. The latest version of the General terms published on the Website is deemed to be applicable to the relations between Phazza and the Consumers. Phazza advises the Consumers to check the Website regularly in order to become aware of the latest version of the General terms. 

Phazza aims to provide free permanent access to the Service twenty-four hours a day, seven days a week. If the Service could not be accessed at a certain moment, Phazza’s team has obligation to start working timely in order to resolve the problem and to make all reasonable efforts to recover its Consumers’ access to the Service as soon as possible. The Consumer agrees with the fact that Phazza is not liable for material and/or non-material damages occurred due to discontinued and/or suspended access of a Consumer to the Service, as well as any other damages caused as a result of use of the Service provided by Phazza. 

 

II. Content     

The Registered Consumers shall generate Content on the Website pursuant to these General terms, as they comply with the generally accepted norms for well-intentioned public communication. By visiting the Website every Registered Consumer is obligated to refrain from publishing any materials or links related to other websites as this may breach someone’s intellectual property right. For security reasons the IP addresses, from which requests are being sent to the Website, are recorded and stored by Phazza and may be used in case of breach for the purposes of disclosing the identity of the persons who have published the respective Content. The administrators and moderators of the Website are entitled to take measures for removal or adjustment of such Content, including by deactivating the Consumer’s account in the Website. Where it is necessary, Phazza shall provide comprehensive assistance to the competent state and/or international judicial authorities in respect of the compliance with legal rules, including by submitting data concerning the Consumer. 

The Content of the Website is being constantly complemented, extended and renewed by the Registered Consumers. The Consumers accept that Phazza is not liable for the credibility and security of the Content sent from the Registered Consumers to the Website, as well as for possible material or non-material consequences (including damages) occurred for Consumers due to Content published on the Website, including if the Content is affected by viruses or harmful software which may damage the Consumers. Phazza is entitled to monitor and control the Content generated on the Website by the Registered Consumers through monitoring moderators and administrators of the Website, as well as by implementing signalisation system for inappropriate Content published by the Consumers. If the Consumers detect Content that is inappropriate, they shall inform Phazza immediately by clicking the button for signalisation and/or by sending a message on email address support@phazza.com.

 

III. Access to the Platform. Registration.

Depending on the way of interaction with the Website, Phazza divides its Consumers in 3 types. 

3.1. The Unregistered Consumers are deemed to be usual visitors of the Website and they are not required to conduct registration procedure on the Website. Unregistered Consumers are entitled to:

1) view the Content generated on the Website;

2) buy Works published by the Authors;

3) subscribe for receipt of information concerning generated Content on the Website as for the purpose they shall provide email address;

4) access the Platform without charge;

5) finance the Platform with donations using the functionalities of the Website.

 

3.2. The Registered Consumers are provided with the rights of the Unregistered Consumers, including the right to make comments on Authors’ Works which are published on the Website and to create collections of favorite Works. 

Registered Consumer agrees that in order to use the full functionality of the Service, it is necessary to:

1) perform a process of Registration in Phazza during which he/she shall duly provide his/her personal data. By completing the fields in the registration form (or transferring the data from already created account in another website) the Registered Consumer declares that he/she is a real person, he/she does not have another registration in Phazza, the entered information is valid and correct, as well as he/she has already read and accepted entirely and without objections these General terms. Additional condition for registration of a minor (who has reached the age of fourteen, but is less than eighteen) is the receipt of prior approval and consent from at least one of his/her parents or custodians and he/she shall declare this circumstance during the Registration using the functionalities of the Website. Registration procedure is completed when a message from Phazza is received on the email defined by the Consumer during the Registration.

2) maintain and update timely the provided information during the entire period of use of the Service.

The information specified during the Registration by the Registered Consumers is used to ensure the normal access to the Service. Non-compliance of the information entered during the Registration about a Registered Consumer with the actual information about the respective Registered Consumer may lead to deactivation of the Registered Consumer’s account and/or actions within the discretion of Phazza.  

Phazza reserves the right to refuse Registration and deactivate Registered Consumer’s account, where such action is justified, including, but not limited to, the following cases:

- the Registration of the respective Registered Consumer is forbidden by the Law;

- there is information that the Registered Consumer has breached in the past or breaches at the relevant time these General terms;

- there is information that a minor Registered Consumer has declared incorrect circumstances regarding the receipt of explicit approval and consent from his/her parents/custodians for the purposes of his/her Registration on the Website;

- another justified reason according to Phazza.

The Registered Consumers agree that in order to use Database they shall have accessed the Website, as they sign in their personal account by entering a unique username and a password in the fields defined in the Website. 

 

3.3. The Authors of Works (“the Authors”) use the full functionality of the Service and the rights of the Registered Consumers, including the right to publish and sell their own Works and to participate in Phazza’s projects. 

The Authors agree that in order to use Database and to participate in Phazza’s projects they shall have accessed the Website, as they sign in their personal account by entering a unique username and a password in the fields defined in the Website and shall have also provided information about current address (where courier parcels are necessary), as well as duly made registration in a payment platform. 

 

IV. Restriction on Consumer’s rights of access to the Service

Phazza reserves the right to restrict, including deprive the Consumer’s rights of access to the Platform. A reason of such measure may be a breach of these General terms or Consumer’s behavior which threatens or damages interests of other Consumers in the Website, Phazza and/or its partners or other third parties, deactivation of personal account by Registered Consumer or Author, as well as dispatch of Content with discriminatory elements, nudity and/or pornographic materials, and/or calls of hatred and/or violence, and/or which is a clear or hidden commercial, and/or includes trademarks, as well as any other inappropriate Content according to Phazza. Such actions taken by Consumers may lead to the following but, not limited to: erasure of the relevant Content which is inappropriate according to Phazza, as well as deactivation of an account created by a Registered Consumer or an Author. Phazza provides strong assistance to the competent state and international juridical authorities in respect of the compliance with legal rules, including by submitting data concerning the Consumer. 

 

V. Store

As a part of the Service provided and for the purposes of Work’s sales and financing current and future projects, Phazza maintains another specific tool (“Store”) which is used by the Authors without charge. Phazza and the Authors additionally arrange their relations by signing specific agreements under which Phazza has the rights over specific works and is entitled to spread them. The prices of the works are defined unilaterally by Phazza as the income of their spread shall be paid into Phazza’s bank account and apportioned between Phazza and the Authors under prior arranged proportions. 

Phazza provides to the Authors with the opportunity to sell their works and freely define their prices, if Phazza and the respective Author have not concluded an agreement for provision of rights. In the latter event, the income from the sale of such works shall be paid directly into the Author’s bank account, as Phazza does not interfere in any way with the payment process between a buyer and an Author. In this connection Phazza establishes another platform with relations between authors and buyers of works, as it provides every Author, who publishes a work on the Website in order to sell it, with access to the platform through additional functionality on the Author’s account. 

The information collected by Phazza and related to the use of the additional functionality on the Author’s account serves only for establishing a connection between the Author and the payment platform. Phazza shall not disclose the received information to third parties.  

 

VI. Projects

Phazza arranges and maintains individual initiatives on the Website in the form of Projects. Every project is distinguished by specific title that indicates its nature and purpose, as well as by individual development process. 

Phazza plans and arranges the performance of the following Projects:

 

DAZZ - Every Day Fact and Animation

The project discloses an event which has happened on the current date in the past and is displayed in the form of original animated illustration and a link of web references attached to it (including Wikipedia and Google). The project itself constitutes a mobile application which may be installed without charge by Google Play and Appstore depending on the type of the operation system that is maintained on the specific device. The main functionality of the application, that includes a review of information’s content related to the current day, is free of charge. Phazza reserves the right to develop additional functionalities which may be subsequently activated against remuneration. The project is designed to provide opportunity for daily receipt of information about interesting facts from the past, as well as to ensure employment of artists, who shall participate in development of the graphic part through funds generated from sales of the additional functionalities of the application. 

 

bTWEENER – animated pieces

 

The project converts every shot of specific animation into a completed product and provides the Authors with the opportunity to publish on the Website short animated cycles (loops) and to sale unique shots from them (including those which are made by using different techniques and materials) by using functionalities of the Store. Phazza and the Authors arrange their relations additionally by signing separate agreements for provision of the right to develop and publish a work in paper form with the aim to be subsequently sold on behalf of Phazza. 

 

As a platform which provides Author’s content, Phazza is determined to follow, design and develop specific artistic aesthetics in accordance with the artistic directions set out initially. Phazza reserves the right to reject attachment of works in the Store with a content that does not correspond with the main artistic directions established, as well as to deny access to the Website, including refusing admission to the Store of those Authors who does not comply with these directions. 

 

VII. Commercials 

Phazza is entitled to publish on the Website any commercial materials, banners, links to web pages, etc., as it shall not be liable for their content, character and credibility unless otherwise provided by the applicable Bulgarian legislation. Phazza has the right and takes measures to limit the access of minor Consumers of the Website to commercials and commercial messages whic, according to Phazza may cause physical, psychological and emotional damages to the infants and have inappropriate content for these persons. 

For the purposes of Registration’s finalisation in the Website the Registered Consumers, respectively the Unregistered Consumers by providing email address in order to receive Content generated on the Website, shall explicitly agree with Phazza’s right to send unwanted commercial messages under Art. 6 of the Electronic commerce act. Dispatch of unwanted commercial messages may be realised through a message sent to the account of the Registered Consumers or on email address defined in their personal account, respectively on the email addresses defined by the Unregistered Consumers. The Consumers are entitled to suspend the receipt of unwanted commercial messages by adjusting the settings of their personal account and/or sending an email with title “unsubscribe” to support@phazza.com. Phazza reserves the right to inform the Consumers at its own discretion about all circumstances regarding the Service provided and which are free from commercial content, including cases of Consumers’ cancellation of receipt of unwanted commercial messages. 

 

VIII. Copyrights

 

By submitting Content to the Website the Author declares that he/she owns the copyrights concerning the Content sent by him/her and its dispatch shall breach in any way the rights of third parties. By submitting his/her Content to the Website the Author confers to Phazza the non-exclusive right to use the specific materials or works, as Phazza may use them at its own discretion within the above mentioned meaning, including for commercial purposes. If Phazza doubts in the authorship of the sent Content, the Authors are obliged to provide Phazza with indisputable proof that they own the copyrights.. 

Phazza is not obliged to conduct prior verification and is not liable for the ownership of the copyrights concerning the Content sent by the Authors on the Website. If an Author or third party (including Unregistered and/or Registered Consumer) recognises Content on the Website which breaches his or third parties’ copyrights and related rights, the Author or the third party shall seek protection of his rights against the infringer, as Phazza’s liability could not be raised in any way in relation with such breach. Nevertheless, in case of suspicion of breach, the Author and third parties shall inform Phazza ov email address support@phazza.com, as they define a link to a publication and any other information which may be used as a proof of breach of copyrights. It depends entirely and exclusively on Phazza’s discretion if potential measures shall be taken against an Author, who is alleged to have breached copyrights of a third party. Phazza shall also define the specific type of the mentioned rights.  

 

IX. Personal data, confidentiality  

Phazza considers the safety storage of personal data as one of its main priorities. The Consumers shall be informed about the fact that Phazza has a duly performed registration for personal data administrator under the Act for personal data protection in the Republic of Bulgaria. Personal data and information, provided by the Registered Consumers and the Authors, are protected under the Law, as Phazza shall act with due care by using appropriate technical, administrative and operative standards in order to avoid unauthorised access to or misuse of personal data. When granting the Service, the Registered Consumers and Authors agree that a particular part of their personal information, shared on the Website, may be accessible on their account for other Consumers of the Website.

Phazza respects the right of personal data integrity of every Registered Consumer and Author on the Website and strongly supports the request for confidentiality in all aspects of personal life. In this connection Phazza shall not use personal data provided by Registered Consumers and Authors without consent given by the formers (as well as by their parents, when they are minors, as the consent in this case is deemed to be given during duly performed registration procedure on the Website), except under conditions which are exhaustively specified in these General terms and the law. 

The Registered Consumers and the Authors agree that Phazza is entitled to use the provided personal data and any other information related to their activity on the Website, the Content sent by them, the Author’s participation in Projects, the use of the Service, etc., in order to prepare and provide marketing statistical information, intended for third parties, about the attendance on the Website, including statistics on the clicked electronic buttons and references and acts of the Consumers on commercial banners, links and articles, as well as for the purposes of direct marketing. The mentioned purposes are non-exhaustively defined and Phazza is entitled to amend unilaterally and at any time the purposes for which the above described information may be used in compliance with legal rules and requirements. 

The Registered Consumer and/or an Author, to whom the processed data is related, is/are entitled to: object before Phazza against his/her personal data processing for the purposes of the direct marketing, as well as to be informed before the first disclosure of his/her personal data to third parties or their use on his/her behalf for the purposes of the direct marketing as he/she shall object against such disclosure and use by sending email on support@phazza.com and/or by deactivating the personal account in a proper manner. By accepting these General terms the Registered Consumer and the Author agree that Phazza has performed initial notification (including notification to his/her parents or custodians, when the Registered Consumer and the Author is a minor) and is entitled to disclose his/her personal data to third parties for the purposes of direct marketing. In case of objection against personal data processing and use, Phazza is entitled to limit the rights of access to the Service conferred to a Registered Consumer or an Author.

Notwithstanding the above, the Registered Consumers and the Authors shall be notified that personal data disclosure to third parties does not lead to possible identification of Registered Consumers and Authors and does not include disclosure of their names, telephone numbers and email addresses since it contains information only about their activity on the Website. 

 

X. Messages

Phazza considers that sending messages on the email address of the Consumer shall be realised only with the aim of notifying the Consumer about events which are important to him/her, the Website, the Projects (if it is applicable) and the Service. In this connection Phazza shall not misuse of excessive dispatch of email messages to its Consumers and shall attempt to reduce the messages to the minimum as emails may be sent to the Consumers non-exhaustively in the event of: new Registration; personal message to another Consumer; password change for access to the Consumer’s account, as well as other substantial circumstances according to Phazza. The Consumers agree that in certain cases Phazza is entitled to send them messages which are important and useful to its Consumers in relation with activities of its counterparties, partners, sponsors and other third parties. In these cases Phazza shall offer to the Consumers an option to cancel future receipt of such unnecessary for every Consumer email messages. Nevertheless, the Consumer is entitled to cancel his/her subscription to receipt of email messages from the Website by noting this fact in the relevant section of the settings in his/her personal account. After the cancellation the Consumer will not receive specific emails sent to the Consumers, but he/she will continue receiving other emails, which are necessary for all Consumers according to Phazza and concern the important events mentioned above in relation with the relevant Consumer, the Website, the Projects and/or the Service. 

The Consumers agree that correspondence conducted between them and Phazza by emails or messages sent on their accounts in the Website from Phazza, is deemed to be valid written correspondence between the parties. The Consumers accept that by receiving such messages from Phazza they are deemed to be aware of the Content of the messages. 

 

XI. Cookies  

As many other Websites, this Website uses Cookies. With his/her presence on the Website, the Consumer agrees that the Website is entitled to place Cookies on his/her device and/or a browser for the purpose of providing full and qualitative access to the Service. 

The Consumers have the right to deny the use of Cookies by changing the settings of their browsers, but in this case Phazza would not be able to deliver all functionalities of the Website and the Service. With their presence on the Website, the Consumers agree that Phazza is entitled to use information generated from the Cookies, as well as to make it available to third parties. 

The Consumer accepts that the Website permits the use of Cookies by third parties different from Phazza. In order to receive more information and if any questions arise in relation to the Cookies used by third parties, the Consumers shall make requests to the relevant third parties. Phazza is not liable for the content and the use of the Cookies placed on Consumer’s device/browser by third parties. 

 

XII. Other provisions  

Phazza is not liable for the correctness and accuracy of materials and information placed on the Website or sent to the Consumers by third parties. If Consumers notice incorrect or inaccurate materials and information, they shall immediately inform Phazza by sending email message to support@phazza.com, as such notification could not arise Phazza’s liability in any way. Database on the Website is intended for personal use of the Consumers. All copyrights concerning Database are owned by Phazza. The Consumers of the Website are not entitled to use Database or a part of its content placed on the Website for commercial purpose without the explicit written consent and/or assistance of Phazza. 

Phazza owns all intellectual property rights related to the Website and Database, including any concepts, ideas, recommendations, rules, etc. 

The rights over the title, the trademark and the logo of Phazza are Phazza’s exclusive property. These General terms do not limit in any way Phazza’s intellectual property rights, including, but not limited to, the rights concerning the Website and Database.

The relevant provisions of the current Bulgarian legislation shall be applicable to issues, which are not regulated under these General terms. The Bulgarian legislation shall be applicable to possible disputes arising between Phazza and the Consumers. If consent cannot be achieved between the parties, the dispute shall be finally referred to the competent Bulgarian court with local jurisdiction in the city of Sofia. 

 

XIII. Definitions 

 Database – any content, materials, texts, images, trademarks, video and audio files (including visual communication or author’s animation), methods, technical characteristics and decisions, titles, etc., generated on Phazza’s Website;

 

Cookies – small text files which are saved on the Consumer’s device/browser. The Cookies allow Consumer’s preferences to be recognized by recovering their information. The Cookies do not provide access to information saved on Consumer’s device. The Cookies do not save personal information concerning the Consumers, but they may be related to files which content such information provided voluntarily by the Consumers;

 

Projects – initiatives which concern the Authors of works and are organized on the Website, as their terms and rules are regulated in details under the Rules for participation;

 

General terms – these General terms;

 

Rules for participation – general rights and obligations of Phazza and the Authors in relation with participation of the Authors in Projects organized on the Website;

 

Registration – creating an account of the Consumer in the Website by providing his/her identification data, including, but not limited to: email, etc. (through their mechanical insert on the Website or automatic removal from already created account to another Website), with regard to the opportunity for participation in the Projects via the Website and in any other organized activities which are part of Phazza’s Database. Creating an account of the Consumer is related to provision of unique password entered by the Consumer and is used in the process of Consumer’s identification and allow the Consumer to access his/her account;

 

Website – A website with internet address phazza.com;

 

Content – information generated on the Website by the Consumers, including, but limited to: name, photos, status, commentaries, messages, audio and video files, etc.;

 

Platform – internet platform for visual communication and author’s animation “Phazza”, which main purpose is to provide independent artists from all over the world with the opportunity to share, publish and finance their creativity. In the platform are laid down and will be developed methods and interaction through which this purpose shall be achieved. 

 

Service – the opportunity provided by Phazza for Registration on the Website, participation of Authors in the Projects, examination, purchase and sale of Works and in any other activities which are organized by Phazza and are part of Phazza’s Database;

 

Registered Consumer – every real person, who has reached the age of fourteen years, and is aware of and has accepted the General terms and the Rules for participation and is registered in the Website; 

 

Work – every work which is a product of Author’s creative activity and is published on the Website by the Author through his/her account in the Platform;

 

Phazza – PHAZZA EOOD, registered in the Commercial Register with the Bulgarian Register Agency, UIC:  204142604, seat and address of management: G.M. Dimitrov Blv. 54, fl. 4, office 301, Izgrev Region, Sofia, Bulgaria, registered under the Act for value added tax with VAT number 204142604, tel.: +359 887 291 192, e-mail: support@phazza.com - single-person limited liability company, which provides services to the information society via the website phazza.com,

 

Last revision: June 2017. 

 

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