CheerApp is a browser for funny pictures, photos and GIFs from all over the web.
It filters them, removes reposts and learns your preferences.
Get CheerApp now!
These terms of service (the “Terms”) outline the rules for using CheerApp, an Android compatible mobile application (the “Application”) designed, developed and provided by Prime Data Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw at Bagno 2/184, 00-112 Warszawa, entered into the commercial register of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS no. 0000552840, NIP: 5252616275, with the share capital of PLN 5.000 paid up in full, e-mail: contact@ getcheerapp.com (the “Provider”).
Once the Application is downloaded, installed and launched on the mobile device, the Provider will provide each user (the “User”) with an intuitive interface for semi-automated browsing of images, animations or other Internet content (the “Service”). The Service incorporates an algorithm, which customizes the browsing mechanics to the User’s individual preferences.
In order to be able to download, install and launch the Application and use the Service, the User must have:
an Android 2.3.6 compatible mobile device with high-speed data transfer enabled;
a Facebook account.
The Application and the Service are provided free of charge, but may contain advertisements. The User, however, assumes all costs associated with the high-speed data transfer required for the Application and the Service to work properly.
The use of the Service by the User is only possible after the User and the Provider enter into a service agreement (the “Agreement”). The Agreement is entered into once the User downloads, installs and launches the Application, registers with the Service using a Facebook account and explicitly accepts these Terms (the “Registration”). Where appropriate during the Registration, the User will be provided with information on the processing of his personal data received from a third party, as required by the Polish Personal Data Protection Act of 29 August 1997 (Dz. U. of 2002 No. 101, item. 926, as amended) (the “Personal Data Protection Act”). In particular, the User will be informed of the scope and the kind of personal data being processed by the Provider as the personal data processor.
Whenever the User’s personal data is being processed by the Provider as the personal data processor, the User retains the right to correct, supplement and – in cases specified in the relevant act of law – withdraw such personal data from the Provider as the personal data processor. Any such request should be sent by the User to the Provider’s address or e-mail address provided in sec. 1.1 above.
Upon the User’s request, the Service will be provided immediately after the Registration is complete.
The User stipulates to complete the Registration using his own Facebook account and to only provide complete, true and accurate information during the Registration. The User also stipulates to keep all his personal data provided during the Registration up-to-date.
The Registration and, consequently, the Agreement will be considered ineffective if, during the Registration, the User:
refuses to accept these Terms;
provides incomplete, untrue or inaccurate personal data.
Whenever the User’s personal data is provided to the Provider, such data will only be processed by the Provider within the scope necessary to: provide the Service, improve the quality of the Service, customize the Service to the User’s needs and expectations, conduct market research and other marketing activities, study User’s behavior and preferences, create a collective image of the Users, as well as, for statistical, administrative and accounting purposes. The processing of the User’s personal data will be carried out within the scope and under the terms of the Polish Electronic Services Act of 18 July 2002 (Dz. U. of 2002 No. 144, item. 1204, as amended) (the “Electronic Services Act”) and the Personal Data Protection Act. The User retains the right to inspect his personal data provided to the Provider. Once provision of the Services is terminated, the Service Provider reserves the right to process User’s personal data referred to in art. 19 sec. 2 of the Electronic Services Act.
The Service may collect data identifying the User’s IP number or his device and gather information on the use of the Service and – in order to do so - connect to external applications (such as Facebook or Google Analytics). Where appropriate, the User will be provided with information on the processing of his personal data received from a third party, as required by the Personal Data Protection Act.
The Agreement is concluded for an indefinite period of time and may be terminated by the User or by the Provider in accordance with these Terms.
As a result of the Registration, an account is created within the Service (the “Account”) and assigned to the Facebook account used by the User during the Registration. Any of the User’s personal or other data acquired during the Registration or while the User is using the Service is stored within the Account.
The User can access his Account by logging into the Service using the Facebook account provided during the Registration. The User is obliged not to make his Account available to any third party and, in particular, not to let any third party use the Service or the Services via the Account.
In the course of using the Service, the User is obligated to comply with the relevant provisions of law and, in particular, the provisions of the Polish Civil Code of 23 April 1964 (Dz. U. 1964 No. 16 pos. 93, as amended), the Polish Copyright Act of 4 February 1994 (Dz. U. 1994 No. 24 pos. 83, as amended) (the “Copyright Act”), the Electronic Services Act and the Polish Industrial Property Law of 30 June 2000 (Dz. U. 2001 No. 49, item. 508, as amended) (the “Industrial Property Law”) or any other similar, applicable act of law.
The Provider reserves the right to temporarily block any Account or suspend access to the Service partially or entirely whenever it has been determined that the security of the Account, the Service, the Users or the Provider is threatened.
The Provider may require the User to reset his Account. In such a case, the User will regain access to the Service immediately after the Account has been reset.
In case of a serious breach of these Terms by the User or an attempt by the User to act to the detriment of any other User or the Provider, the Provider reserves the right to implement additional restrictions on the use of the Account, as well as, to terminate the Agreement pursuant to sec. 6.2 below.
The Provider reserves the right to amend and adapt the manner in which the Service is provided and, in particular, to alter or update the Application.
The Application and the Service (including any part of it) may:
constitute a work (utwór) within the meaning of the Copyright Act and be subject to the protection provided therein, as well as, subject to protection provided in similar, applicable acts of law;
be subject to the protection provided in the Industrial Property Law, as well as, subject to protection provided in similar, applicable acts of law.
All rights to the Application and the Service (including any part of it) arising out of the provisions of the Copyright Act or the Industrial Property Law, as well as, similar, applicable acts of law, are vested exclusively with the Provider. This, however, does not apply to the images or animations (or any other Internet content) being browsed or otherwise accessed using the Service, to which the Provider claims no rights whatsoever. All rights to the images or animations (or any other Internet content) being browsed or otherwise accessed using the Service remain vested with their rightful holders.
It is not the intention of the Provider for the conclusion of the Agreement and the use of the Application or the Service to lead to the acquisition by the User of any rights to the Application or the Service or to the images or animations (or any other internet content) being browsed or otherwise accessed using the Service.
The name of the Application and the Service, its concept and graphic design, all trademarks and databases presented within the Service, as well as, any computer code associated with the Application or the Service constitute (unless otherwise explicitly provided) the Provider’s sole, legally and globally protected property.
The User is obligated not to post, store, publish or transmit (through the Service or in connection with the Service) any content or material that is unlawful or which threatens the security of the Account, of other Users, of the Provider or of the Service. The User is liable for any damage caused by his use of the Application or the Service. The User may also be liable for any damage caused by a third party’s use of the Application or the Service, if such User made the Application or the Service available to such third party in breach of these Terms.
The User may terminate the Agreement by filing a termination statement:
in writing, to the Provider’s address provided in sec. 1.1 of these Terms;
in an e-mail sent to the Provider’s e-mail address provided in sec. 1.1 of these Terms.
Along with the termination statement the User may also file a request to terminate the processing of his or her personal data provided during the Registration. The Agreement is deemed terminated after 3 (three) days from the day the termination statement has been received by the Provider.
The Provider may terminate the Agreement whenever:
the User intentionally uses (or attempts to use) the Application (or any of its elements), the Service (or any of its elements) or the Account in a manner inconsistent with their purpose or in violation of these Terms or the law (including, in particular, the Copyright Act and the Industrial Property Law or similar, applicable acts of law);
willfully infringes or attempts to infringe the security features of the Application or the Service in order to gain unauthorized access to the Provider’s IT system.
In any such case the Provider will be entitled to request the User to refrain form violating these Terms or the law. If the User fails to comply or provides insufficient explanation within 3 (three) days of such a request or if the infringement poses an imminent threat to the Account, the Service, the Users or the Provider, the Provider is authorized to terminate the Agreement with immediate effect.
The termination of the Agreement will result in the removal of the Account by the Provider. Once the Account is removed by the Provider the User will be permanently barred from Registering with the Service again.
The User has the right to withdraw from the Agreement within 14 (fourteen) days from the date of its conclusion. This can be done by sending a statement of withdrawal:
Once the statement of withdrawal has been filed, the Provider will confirm its receipt by way of e-mail sent to the User’s address or e-mail address provided in the statement of withdrawal.
Once the User withdraws from the Agreement, the Agreement will be deemed null and void, while both the Provider and the User will be obligated to return any benefits they have received from each other in connection with the Agreement. Withdrawal from the Agreement will result in the removal of the Account by the Provider.
The Provider is not liable for any content (and, in particular, any third-party content) posted, stored, published, transmitted, displayed or browsed by the User, or any third party, using the Service.
The Provider is not liable for any damage caused by the Application or the Service, whenever such damage is caused solely by the User’s use of the Application or the Service in breach of these Terms or relevant acts of law.
These Terms are available within the Service in the relevant tab of the mobile application and may be downloaded by the User and printed free-of-charge.
The Provider reserves the right to amend these Terms at any time. The User will be informed of any amendment to these Terms. Amended Terms will be deemed accepted by the User if the User does not terminate the Agreement within 30 (thirty) days after being informed of the relevant amendment.
The Service and the provisions of these Terms are governed by the laws of the Republic of Poland. Any disputes arising out of or in connection with the Service or these Terms shall be finally resolved before a competent common court.
The User is entitled to seek alternative dispute resolution with the district commerce inspectors (Wojewódzki Inspektor Inspekcji Handlowej) and arbitrary courts by the district commerce inspectors. Alternative dispute resolution is available upon User’s request filed with the relevant district commerce inspector.