I. Subject of the General Terms
Art. 1. (1) These General Terms regulate the relations between Descode EOOD, having its seat and registered address at: 30 Republikanska Str., Bankya, Bulgaria, UIC 203534157, (hereinafter referred to as “Descode”) and the users of the website of Descode diyplan.net (hereinafter referred to as “the site”).
(2) The purpose of the site is to present “do it yourself” (DIY) type projects, its main feature being the opportunity for registered users of the site to create their portfolio on the site with DIY projects they have accomplished.
Art. 2. The site is a platform on the Internet, accessible through its standardized URL, providing access to and containing files, software, programs, text, sound, picture, video, image and any other materials, resources or objects.
Art. 3. (1) By using the site, users are able to access the content posted on the site.
(2) Users are entitled to to use the site only for personal, non-commercial use. The content of the site, accessible in different territories around the world, is determined by Descode, depending on the specific technical conditions and capabilities available to the respective territory.
(2) When using the site, users are obliged not to violate the rights and interests of third parties and not to commit malicious acts. For the purposes of these General Terms, “malicious acts” shall mean any acts or omissions that lead to the misuse of the site and/or any material published therein, the publication of links to sites that infringe copyright and related rights – pirated content, discriminatory or obscene content, posting information and material to which users have no rights or consent from third parties, accessing resources by using somebody else’s rights and passwords, using the site for their own benefit or unlawful obtaining of information (HACK), damaging or destroying systems or data sets (CRACK), sending “Trojan horses” or causing installation of viruses or remote control systems; disturbing the normal ability of other users to access the site; publication of information about third parties objected by the persons concerned; committing any act that may qualify as a crime or an administrative offense.
Art. 5. (1) These General Terms shall apply both in the relations with users that have registered on the site (“registered users”) and in the relations with users that have not registered on the site (“non-registered users”).
(2) All users of the site accept and undertake to comply with the General Terms. By any use of services and resources of the site, including by accessing the site’s web page or by clicking on an electronic link from the title or any other web page from the site, users declare that they are familiar with these General Terms, and that they agree and undertake to comply with the latter.
(3) Descode publishes these General Terms on the site and has the right to unilaterally amend and supplement them. Upon making any changes, the amended and/or supplemented General Terms shall be published on the site, which shall be notified to registered users by email.
Art. 6. (1) The use of the site is free of charge for users.
(2) The use of the site does not require registration, but some of the functionality of the site described in Art. 7 of the General Terms are only available to registered users.
Art. 7. (1) A special account is created on the site for each registered user. Registered users are able to create their own portfolio of DIY projects they have accomplished in their account. For each DIY project, a separate publication is made, presenting the project with materials at the user’s discretion – texts, photos, graphics, drawings, designs, images, audio-visual works, audio and video content, links to other sites (linking, framing, embedding) and any other materials, including in the form of attachments (hereinafter referred to as “materials”). By registering on the platform, each user is given the opportunity to publish an unlimited number of DIY projects they have accomplished. Registered users’ DIY projects are published on the site in the DIY Projects category.
(2) Registered users can make posts in the Community category of the site and to leave comments under other users’ publications in the same category, as well as under the projects published in the DIY Projects category. The posts and comments under the preceding sentence are made by publishing texts, photos and/or other materials within the meaning of Para 1. Registered users can also establish contact between their site accounts as “friends” (which requires bilateral consent from the registered users that become “friends”), and also as “followers of”/”followed by” other registered users with whom they are not “friends” (unilateral act of the person who defines themselves as “follower”). All “friends” and “followed” of each registered user are listed in their account. Chronologically, the most recent posts by “friends” and “followed” by the respective registered user can be viewed from a special section of their user account.
(3)Registered users are also given the opportunity to communicate with other registered users through private messages, as well as download material uploaded by other users in the form of attachments to their DIY projects, share DIY projects on Pinterest, use the YouTube “Like” plug-in button on the site.
(4) In the case of registration of a person under the age of 14, registration should be done by the parent or guardian of that person.
Art. 8. (1) When registering, the user provides at least the following information: username, password and e-mail address. In addition to the mandatory registration information provided, users may, at their discretion, upload a profile photo as well as provide information on: country, city, user-associated websites and Facebook, YouTube, Instagram, Twitter, Pinterest, Flickr, LinkedIn social networking profiles, as well as additional free text information.
(2) Users must provide correct, complete and accurate information when registering and in case of any changes update it in a timely manner. Users are responsible for maintaining the confidentiality of their information provided upon registration. Users must make sure that their usernames and passwords be not made available and used in violation of these General Terms. Users are responsible for all actions taken by them or by any third party using their username and password. Users are obliged to notify Descode immediately of any occurrence of access to the site or the publication of materials on the site through unauthorized use of their usernames and passwords, and whenever there is a risk of such use.
(3) The user names of registered user are visible to all users of the site (registered and non-registered) under their posts in the DIY Projects and Community sections of the site, as well as under their comments on the site. Information provided by the user upon their registration on the site may be visible or hidden to other users at their discretion. Information about other user accounts that are “friends”, “followers” and “followed” is visible in the user’s account for all registered users of the site. The materials posted by registered users are freely available to all users of the site (both registered and non-registered), with the exception of attachments to DIY projects that are accessible for download and viewing by registered users only.
(4) The type and features of the possibilities of using the site may be changed unilaterally, at the discretion of Descode.
III. Publication of Material by Users. Assignment of Rights
Art. 9. (1) Publications on the site can be made at any time of the day. Administrator approval is required for publications in the DIY Projects category to be publicly visible to all users. For the sake of approval, the administrator shall only check that by external attributes the publication represents a DIY project. Until approval is obtained, publications in the DIY Projects category are only visible to the user who made them.
(2) Publications in the Community category, as well as the posting of comments, do not need approval by administrator and are publicly available to all users (registered and non-registered) after they have been posted by the user.
(3) Descode reserves the right to remove and not to publish any posts (including DIY projects, publications in the Community category, comments, etc.), and materials thereto that violate the General Terms, including, but not limited to, the requirements provided in Art. 12 of the General Terms.
(4) Users can delete DIY projects and other publications and comments they have posted without the intervention of an administrator. Upon termination of the registration of the user on the site, all publications and comments of the user shall be automatically deleted and access to them shall be no longer provided through the site.
Art. 10. (1) By making any publication, the user represents and warrants that:
- they are the sole author of the materials published by them and the objects included therein, or have received permission from all right holders of the materials and the objects included therein to publish them on the site in accordance with these General Terms, as well as for their use by Descode within the meaning of Para 3 hereof;
- they shall indicate to Descode the authors of the materials and the holders of copyright and related rights on objects included in the materials;
- the content of the materials and the objects included therein does not violate these General Terms, the current legislation or the rights and interests of third parties;
- the publications and materials, as well as the objects included therein, are not provided for publication on the site for advertising or other commercial purposes.
(2) For the purposes of these General Terms, unless otherwise expressly provided, “objects” are any objects of intellectual and industrial property – subject to copyright and related rights (fiction, scientific and technical literature, photographic images, works of art, design, applied crafts, schemes, drawings, blueprints, databases, computer programs, sound recordings, audio-visual works, artistic performances, etc.), inventions, utility models, trademarks, industrial designs, topologies, etc., as well as any other objects of rights.
(3) By taking the necessary steps to make any publication, the user agrees that through the site, which is accessible via the Internet (by any existing and future ways of providing the Internet) Descode will provide public access to the materials this publication consists of and the objects included therein, whereby an unlimited number of persons – users of the site, will be able to access the materials and the objects included therein in a way allowing this access to be realized from a place and at a time individually chosen by each. For the purposes of providing access to the materials and the objects included therein through the site within the meaning of the preceding sentence, users agree that Descode shall be entitled to reproduce the materials.
(4) With any use of the site, each registered user gives their consent for Descode to use the materials and objects included therein all over the world in the manner described in the previous paragraph, until the next use of the site by the user, but not for more than ten years. The user is entitled to delete any publication and the materials and objects included therein at any time at their own discretion; from the moment of deletion of the relevant materials/objects, Descode shall not be entitled to use them in the ways described in the previous paragraph.
(5) The users shall not owe Descode a fee for the use of the services provided through the site and agree that Descode shall not owe them any remuneration or compensation for the use of the materials within the meaning of this article.
(6) In the cases where making publications and the materials therein publicly visible requires the approval of a Descode Administrator, users agree that Descode shall not be obliged to provide public access to the materials and the objects included therein or to use them in any manner whatsoever. The user agrees and assigns to Descode the right to unilaterally determine whether the materials and the objects included therein be disclosed within the meaning of the Bulgarian Copyright and Related Rights Act, as well as the time to do so.
(7) By taking the necessary steps to publish a material, as well as with the other actions described in Art. 5, Para 2, the user declares that they fully understand the content of these GeneralTerms and agrees to be legally bound by them.
IV. Rights and Obligations of the Parties
Art. 11. (1) Users represent and warrant that all their publications and comments on the site (regardless of the category in which they are made), as well as the materials contained therein, do not violate the requirements of the current legislation and the requirements of these General Terms, and in particular Art. 12 of hereof, and assume responsibility for their contents.
(2) Descode shall not be held liable for any personal opinions expressed by users.
Art. 12. (1) All publications and comments on the site (regardless of the category in which they are made), as well as the materials contained therein, cannot:
- contain obscene language, nor any form of insult that is contrary to the norms of morality and good tone, including on religious grounds;
- contain texts which incite or call for cruelty, violence, crime or any other offense, contain a threat to the health of third parties or encourage intolerance among citizens;
- stimulate the use of drugs, alcoholic beverages, tobacco and tobacco products;
- humiliate another person’s honor or dignity, proclaim a shameful circumstance concerning another person or attribute to anyone the commitment of a crime, damage the good name of a particular person in the society;
- contain pornography or any other content that violates ethical standards and good morals;
- contain national, political, ethnic, religious, racial, gender or other discrimination, or contain racist content, agitation or incitement to racist acts and/or offenses against minorities;
- divulge state, official, or trade secret or any other secret protected by law;
- violate in any way the rules of the current legislation and the moral standards of the society.
(2) Descode is entitled to refuse approval for publication of the site, as well as to delete comments of users and materials to publications, in case they do not meet the requirements of Para 1 hereof, as well as if the materials provided are of poor technical quality or have any other technical problems.
(3) The application and interpretation of the items under Para 1 of this article is entirely at the discretion of Descode.
Art. 13. (1) The content of the site is determined by Descode. Descode is entitled to change the content of the site at any time, at its own discretion adding and/or removing categories, sections or materials.
(2) Descode is entitled to change the parameters and features of the site, to change the terms and conditions for its use, to suspend or terminate its use, as well as to close the site. These General Terms shall apply to the relations between the parties also in the cases referred to in this paragraph.
(2) Users are entitled to notify Descode of any problems they have found in connection with the use of the site.
Art. 15. (1) Users have been notified that their personal information may be used by Descode for the purposes of providing services and resources on the site, and Descode has the right to collect, process, use and store data and information through which users can be identified, including username, e-mail address, names and any other information that users enter, use and provide when registering and using the site, in compliance with Regulation (EU) No 2016/679 , the Personal Data Protection Act and any other applicable legislation.
(2) At the request of a competent authority, Descode may provide the personal information in relation to the users at its disposal.
Art. 16. (1) Descode shall not be liable for the content of the materials and the comments posted by users of the site, for the content of personal messages exchanged between users, nor for unfair relationships between users.
(2) Descode has no obligation to control the way users use the site, including to control, verify and track users’ publications and the materials and objects contained therein.
Art. 17. (1) In connection with the rights to use the materials and the objects included therein, assigned by users pursuant to Art. 10, Para 3 and 4 of the General Terms, and the representations and warranties made pursuant to Art. 10, Para 1 and Art. 11 of the General Terms, by accepting these General Terms, each user assumes responsibility for all their publications and comments and the materials and objects included therein, and undertakes to release Descode from any claims, whether judicial or extrajudicial, raised by third parties in connection with publications and comments of such site user and the materials and objects included therein, including, but not limited to, by authors and holders of related rights in materials published by users on the site, and in the event of any claims to Descode, the user will satisfy such claims fully at their own expense.
(2) In view of the responsibility they incur for the content of their publications and comments, and the materials and objects included therein, users shall bear at their own expense all costs that may arise:
- from any claims raised against Descode in connection with violation of the provisions of the current legislation in publications, comments and the materials and objects included therein, including those on the lawsuit and possible payment of compensation to the person concerned, when it is duly proved that the claim is grounded;
- from any administrative penal sanctions imposed by the competent authority for violations of the applicable legislation in publications, comments and the materials and objects included therein, including those on the lawsuit and the possible payment of a pecuniary sanction.
Art. 18. (1) Descode shall not be liable if, for technical or any other reasons, a publication, comment or material has not been accessed by the latter or cannot be posted, or some feature of the site is inaccessible to one or more users.
(2) Descode shall not be liable for:
- failure to provide access to the site or malfunctioning of the site, including as a result of tests conducted by Descode in order to check equipment, connections, networks, etc., as well as tests aimed at improving or optimizing the site;
- the functionality and security of the public Internet network and its connectivity with the users’ devices through which the use of the site is carried out;
- the possible presence of “viruses” or other harmful consequences of using the site;
- the content of Internet sites to which links placed on the site are redirected;
- the information provided by users upon their registration on the site, including for protection of the provided information or indication of incorrect information;
- other circumstances beyond the control of Descode;
- malicious acts performed by users or third parties.
(3) Descode shall not be liable for damages caused to the software, hardware or other devices of the user, or for loss of data resulting from the use of the site.
(4) Descode shall not be liable to the users for any damages and lost profits, resulting from the termination, suspension, limitation of access or modification of the site or any functionality of the site, or as a result of deletion, alteration, loss of materials or information, unreliability, inaccuracy or incompleteness of user-posted materials and/or information available through the site.
Art. 19. (1) In case of violation of any provision of the current legislation or these General Terms and/or violation by any user of another person’s rights and legitimate interests, Descode shall be entitled, at its discretion, to:
- delete the registration of any user in violation without prior notice and/or delete materials published by that user from the site and/or suspend their access to the site;
- take legal action to prevent and/or stop the violation committed by the user;
- notify the competent authorities, including to provide them with the relevant user information available to Descode, as well as material published by the user that has been duly requested in order to help identify the offeneder and prove the violation performed;
- notify the holders of the infringed rights and legitimate interests of an established violation performed by the user;
- delete any publication/material/comment;
- take any other actions stipulated by law, at its discretion.
Art. 20. (1) Descode shall be entitled to delete the registration of any user without prior notice if their user account has not been used for more than 12 months, without having to delete the account. User accounts shall be deleted by Descode if they are not used for 10 years. For the purposes of the preceding sentence, as a use shall be consided any user login to their account with a username and password. In case of deleting a user account under this paragraph, the user shall be entitled to re-register at any time in accordance with the procedure provided in the General Terms.
(2) Any registerd user is entitled at their own discretion to terminate their registration on the site at any time. In this case, Descode shall suspend the user’s access to their user account and all their publications on the site shall be automatically deleted.
Art. 21. Descode shall be entitled to store and provide user information in accordance with the requirements of the applicable law and to make it available to the competent public authorities in cases where this is necessary to protect the rights and legitimate interests of Descode or third parties, as well as when this has been duly requested by the relevant public authorities.
Art. 22. Descode shall be entitled to place and publish on the site advertising banners, links and other promotional tools for goods and services of third parties. Descode shall not be liable for the content, accuracy and legality of advertising banners, links and other promotoional tools, nor of the goods or services they advertise and their content. Descode shall not be liable for the availability and quality of the goods and the content of the services advertised in accordance with this article and placed on the user’s attention by publication on the site. Insofar as the actions of such third parties are not under the control of Descode, the latter shall not be liable for the unlawful nature of the activities of the third parties or for any legal relationship in connection with the goods and services offered by the third parties, nor for any damages and lost profits arising from such relationship.
VI. Final Provisions
Art. 23. Any correspondence between Descode and the users regarding the use of the site shall be made via email. For any questions regarding the use of the site, users can contact Descode at firstname.lastname@example.org.
Art. 24. Any disputes between Descode and the users regarding the use of the site shall be resolved through negotiations, by agreement between the parties, and if this proves to be impossible, either party may refer the dispute to the competent court in Sofia.
Art. 25. (1) These General Terms shall be governed by Bulgarian law and the provisions of the current legislation of the Republic of Bulgaria shall apply to all matters not settled herein.
(2) In the event that certain provisions of these General Terms are duly recognized as invalid, such invalidity shall not affect the other provisions of the General Terms which shall remain in force and apply in the relations between the parties.
Art. 26. (1) These General Terms are effective from 11.11.2019.
(2) In case of any amendment to the General Terms, registered users may declare, within 7 days from the date of entry into force of the respective amendment, that they reject the amended General Terms by sending a message to the email address specified in Art. 23 of the General Terms. In the event that a statement of rejection of the changes is not received by Descode, the user shall be considered bound by the amended General Terms. In the event of a declaration by a registered user that they do not agree to the General Terms or any subsequent amendment, Descode shall be entitled to immediately suspend the access of the respective user to their user account and to terminate their registration, as well as to delete all their publications and comments on the site.