Last update: 23.06.20
(hereinafter the “Website”) which is owned by the Private Capital Company “RAINMAKER SINGLE PERSON PC” with the trade name “RAINMAKER PC”
14 IERA ODOS STR., ATHENS, PC 10435, TEL.: +30 210 3455694,
GEMI no. 154701001000, VAT 801338940, 1st Tax Office of Athens
(hereinafter the “Company”)
1.5 This Website has been created for the fulfilment of the Company objectives as these are described in its articles of association and more specifically for SERVICES RELATED TO THE DISTRIBUTION OF VIDEO RECORDINGS, ADVERTISEMENTS AND EVENTS NOT INCLUDED, WHOLESALE OF IMAGES, DRAWING AND PICTURES, SERVICES RELATED TO THE STORING OF DATABASES, DISTRIBUTION OF ADVERTISING SPACE OR TIME ON THE INTERNET, SERVICES RELATED TO THE MANAGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND OF THEIR REVENUE (NOT INCLUDING MOVIES), SERVICES RELATED TO THE ASSIGNMENT OR TRANSFERRING OF INTANGIBLE ASETS (INTELLECTUAL PROPERTY RIGHT, PATENT RIGHTS, INDUSTRIAL AND TRADEMARK LICENSES AND SIMILAR RIGHTS.
1.6 The Company shall be entitled to terminate or suspend the operation of the Website in whole or in part at any time and without the prior notification of users, with the exception of pending transactions, in which case the users involved shall be informed within a reasonable time and care shall be taken for the successful completion of the transaction.
2 Website Users
This website is for adults only. Minors are prohibited from using the Website. The Company shall bear no responsibility in case minors use the Website.
3 Website Content and Use of the Content
3.1 The entire content of the Website in any form, including, but not limited to, texts, photographs, videos, audio and graphics (hereinafter the “Content“), along with trademarks, logos, insignia and / or other proprietary rights and Website itself are the intellectual property of the Company and are protected in accordance with applicable law. It is understood that the intellectual property and / or other property rights of third parties that may be mentioned on the Website are owned by the said third parties.
3.4 The use of the Website Content is carried out under the sole responsibility of users, excluding the Company from any liability.
- Links to Third Party Websites
The Website may contain links to third party websites solely as a convenience to the users. The use of these websites is performed under the sole responsibility of the users, excluding the Company from any liability.
- Subject and cost of the services provided by the Company
5.1. The Company allows users of the website to upload material of journalistic interest, i.e. photos and / or videos (sounds and graphics), for their publication exclusively in printed and / or electronic and / or radio and television media outlets (hereinafter the “Media Outlet“) for a price, through the mediation of the Company. The Company shall make the above uploaded material available to specific Media Outlets.
5.2. If an agreement is reached between a user and a Media Outlet through the mediation of the Company, as well as through the conducting of any negotiations on its part, the Company shall receive a fee, which is determined at a rate of fifteen percent (15%) of the total amount of the agreed price between user and Media Outlet. VAT, where applicable, and any transaction costs in case of payment by credit card shall be additional charges on the total price agreed between user and Media Outlet, due to the mediation of the VIVA Payments Services SA company which shall make the relevant charge, as payments made using a credit card are processed through the electronic payment platform VIVA Payment.
5.3. More specifically, the mediation of the Company includes finding the Media Outlet, communicating with it and reaching an agreement.
- Uploading of journalistic material
6.1 The Website allows users to upload journalistic material, i.e. photographs and/or videos in order for these to be published exclusively on a Medial Outlet which is identified by the Company for a price through the mediation of the Company. This feature is only provided to Registered Users of the website. After registering and logging into the account that has been created, the Registered User can proceed to upload material of journalistic interest, determining the relevant price.
6.2 The Registered User of the Website and the Media Outlet do not communicate directly, but solely through the Company.
- Media Outlets
7.1 Media Outlets that have subscribed to the relevant part of the Website shall be notified about the uploading of materials of journalistic interest via email. Afterwards and provided that they have already registered and created an account, they shall log in to their account where they will be given the opportunity to select the journalistic material they want and obtain it immediately through the payment of the requested price, and also to make a counter-proposal regarding the requested price. In the latter case, the Company shall mediate again between the Registered User of the Website and the Media Outlet until a deal is reached.
- Payment methods:
8.2 The Company shall then deposit the remaining amount to the bank account of the Registered User who uploaded the material within 5 calendar days from the date of payment of the agreed price.
- Timeframe for the provisions of services by the Company
The Company shall mediate for the conclusion of a contract between a Registered User and a Media Outlet for a period of thirty (thirty) calendar days from the uploading of the material of journalistic interest.
If after expiration of the above period of time the uploaded material has not been acquired by a Media Outlet, it shall be deleted and the mediation of the Company shall be considered permanently ineffective. In this case, the Registered User shall not be charged.
- More specific obligations of the Registered User
Registered Users who wish to upload material of journalistic interest on the Website accept that they are not permitted to upload illegal material, such as offensive, threatening, insulting, defamatory, vulgar, pornographic or racist material and in general material that violates the laws of privacy and confidentiality. In the above cases, the Company shall promptly delete the uploaded material and shall not proceed to contact the Media Outlet. To this end, the Website offers the possibility of reporting the uploaded material to the Company, so that the latter can promptly proceed to the actions described above.
- Complaints policy
For any complaint, users of the Website can contact the Company using the contact details which are listed in par. 1.1. of the present.
- Right of the Registered User to Withdraw
12.2 The right of the Registered User to withdraw does not apply after the acquisition of the uploaded material by a Media Outlet thanks to the successful mediation of the Company, i.e. after the full provision of services by the Company.
The Registered User consents to the commencement of the performance of the Company’s mediation to a Media Outlet on their behalf before the expiration of the above deadline of fourteen (14) calendar days, acknowledging that once the contract is fully executed they shall lose the right to withdraw.
- Technical Protection Measures
For the secure operation of the website the following technical protection measures have been taken:
– SSL (SecureSocket Layer) Protocol for the security of the Website, users’ data and transaction details.
– Firewall for the protection of the Website against malicious attacks. It offers protections against Cross Site Scripting, SQL Injection, Slider Revolution: Local File Inclusion, Malicious File Upload, Directory Traversal, LFI: Local File Inclusion, XXE: External Entity Expansion. It also provides Brute Force Protection to protect Registered User accounts, Rate Limiting protection (a technique used for crawlers) with IP block for five (5) minutes in case of violation of rules and automatically performs Scan for the optimal operation of the Website.
– As soon as the user creates an account, they are notified via email about this event, at the email address they have declared.
– In the transactions128-bit encryption is used.
– Payments made with a credit card are carried out via the electronic payments platform VIVA Payment. The page where the credit card details are entered is a secure http using encryption PCI DSS compliant as a Level 1 Service Provider in accordance with the standards on interbank funds transfer systems (https://www.vivawallet.com/el-gr/security/), so as to ensure the secure transfer of the credit card details.
- Registered User’s right to appeal to an out-of-court mechanism
For the out of court settlement of consumer disputes with the Company, the Registered User can contact the Consumer Ombudsman. More information is available on the website http://www.synigoroskatanaloti.gr/. The Registered User can also use the Electronic Dispute Resolution Platform (EAD) under EU Regulation 524/2013. More information is available on the website of the European Consumer Center of Greece (https://www.eccgreece.gr/el/european-consumer-center-greece/).
15 Applicable Law and Jurisdiction:
MODEL WITHDRAWAL FORM
(Complete and return this form if you wish to withdraw from the contract)
- To: The Private Capital Company
“RAINMAKER SINGLE MEMBER PC “
with the trade name “RAINMAKER PC”14 IERA ODOS STR., ATHENS, PC 10435, TEL.: +30 210 3455694, E-MAIL firstname.lastname@example.org,
GEMI no. 154701001000, VAT 801338940, 1st Tax Office of Athens
I/We* hereby give notice that I/we* withdraw from my/our* contract providing the Company’s mediation service exclusively to print and / or electronic and / or radio and television media for the purpose of publication of uploaded material of journalistic interest, ie photos and / or videos, for a price.
- Ordered on (*) …………………………………………………………………………………………
- Consumer (-s) Name (*) …………………………………………………………………………………………
– Consumer (-s) Address (*)
– Consumer (-s) Signature (*)
(only if this form is notified on paper)
………………………………………………………………. (*) Delete as applicable