DOCUMENTS

TERMS OF SERVICE

The Terms of Service for Online Services for the FILMFORUM.PL Internet Portal was enacted by Resolution No. 03/05/2020 of the Board of the FILMFORUM Association on May 12, 2020.

§1

Definitions

For the purposes of these Terms and Conditions, the following terms shall have the following meanings:

Activation Code: a string of characters enabling the Service Recipient’s one-time registration on the Portal and creation of an Account;
Agreement: means the agreement concluded between the Service Provider and the Service Recipient under the terms and conditions available in these Terms and Conditions, the subject of which is access to the Portal provided electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Cookies: text files in which the Portal stores information on the hard drive of the computer used by the User. The information stored in the “Cookies” file may be read by the Portal server when reconnecting from this computer, but may also be read by other servers or other Internet users;
Email Address: the designation of a teleinformatic system enabling communication by electronic means, in particular electronic mail;
IP Address: an individual number, which is usually assigned to each computer connected to any computer network. The IP number may be fixed for a given computer (static) or may be assigned during each connection (dynamic), and may also be changed periodically by the Internet service provider of a given User;
Password: a string of characters enabling the Service Recipient’s authorised access to the Portal;
Portal: the website named “FILMFORUM.PL”, belonging to the Service Provider, located at: https://www.filmforum.pl and having the ISSN number: 1898-4959;
Registration Form: a form completed by the Service Recipient upon registration to the Portal, used to create the Service Recipient’s Account and use the Services;
Resources: a set of materials made available by the Service Provider to the Service Recipient under the terms and conditions specified in the Terms and Conditions. The Resources may include text information, audiovisual materials, photographic materials, original press articles, publications, opinions, analyses, recommendations, comments, etc.;
Service: all services provided electronically by the Service Provider within the Portal to the Service Recipients;
Service Information: any information intended directly or indirectly to promote the Services and the Portal by electronic means of communication with a specific person;
Service Provider: FILMFORUM Association with its registered office at: 00-159 Warsaw, ul. gen. Władysława Andersa 35, entered into the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the number KRS 0000178435, NIP number: 778-141-37-39, REGON 634536362;
Service Recipient: an adult natural person, legal person, organisational unit without legal personality, who uses the Services provided electronically by the Service Provider, having an Account on the Portal;
Terms and Conditions: these terms and conditions, specifying the conditions for the provision of Services by the Service Provider and the conditions for the use of the Portal by the Service Recipients;
User: a natural person using the functions offered by the Portal, which do not require registration on the Portal;
User Account: a set of resources and settings created for the Service Recipient within the Portal. The Service Recipient may use the Account to manage their Services.

§2

General Provisions

These Terms and Conditions govern:
1. the rights and obligations of the Service Provider and the Service Recipients regarding the provision of the Service;
2. the rules for excluding the Service Provider’s liability for the Service;
3. the rules for personal data protection for Users of the Service.
The Service Provider shall make the Terms and Conditions accessible to the Service Recipient via the Portal before the Agreement is concluded.
By entering into the Agreement, the Service Recipient confirms that they have read the Terms and Conditions and unequivocally agrees to its provisions.
The Service Recipient is obliged to comply with the Terms and Conditions from the moment of Registration.
The Service Recipient shall not assign the rights and obligations of the Agreement to third parties.
The Service Provider shall provide the Service in accordance with these Terms and Conditions.

§3

Agreement Acceptance and Account Creation

The Agreement is concluded upon the Service Recipient’s correct completion of the Registration Form and acceptance of the Terms and Conditions.
Registration on the Portal is only available with the individual Activation Code provided to the Service Recipient by the Service Provider.
By submitting the Registration Form, the Service Recipient represents and warrants that:
1. the data provided are complete, true, and accurate;
2. they are eligible to enter into the Agreement;
3. the data provided by them do not infringe any third party’s rights;
4. they have read the Terms and Conditions and agree to its provisions.
Upon receipt of a correctly completed Registration Form, the Service Provider shall create a unique User Account on the Portal for the Service Recipient, using the username (login) provided by the Service Recipient.
The Service Recipient’s Email Address is linked to their User Account and serves as a necessary form of identification with the Service Provider, and shall be used for all correspondence relating to the provision of the Service.
The Service Provider may refuse to create a User Account with a particular username if it is already in use on the Portal, or if the Service Provider obtains credible information that the username is illegal, immoral, or infringes personal rights.
The Service Recipient gains access to their User Account using a unique Login and Password. The Service Recipient shall not share their Password with any third party and is solely responsible for any damage caused by such sharing.
The Service Recipient acknowledges the necessity of maintaining an active Email Address. The Service Recipient is obliged to regularly monitor this Email Address and, in the event of any change, to immediately update this information in their User Account.

§4

Services Provided by the Service Provider under the Agreement

The Portal is a website designed to facilitate communication between individuals interested in cultural affairs, particularly film.
As a virtual space, the Portal facilitates the exchange of information about events, projects, and products related to the Portal’s thematic focus.
The Portal is a website through which the Service Provider offers Resources to the Service Recipient, including:
a) access to information available on the Portal;
b) exchange of information;
c) publishing posts or information about events;
d) publishing film materials available free of charge or on demand (VoD).

§5

Conditions of Service Provision

Only individuals who have reached the age of majority may register on the Portal.
Minors may only independently use the generally accessible functionalities of the Portal (i.e., those not requiring registration).
The Portal does not collect personal data or information from minors (under the age of 18) without the consent of their parents or legal guardians.
Minors may only use the Portal’s functionalities requiring registration with the direct supervision and consent of their parents or legal guardians.
The Service Provider notes that using the Service may involve the standard risks associated with internet use, and recommends that Service Recipients take appropriate precautions to minimise these risks.
The technical requirements for using the Portal are as follows:
1. Up-to-date versions of the following browsers: Google Chrome, Firefox, Safari, and Internet Explorer;
2. Enabled cookies.

§6

Rights and Obligations of the Service Provider and the Service Recipient

The Service Provider shall maintain high standards of Service.
The Service Provider reserves the right to:
1. temporarily suspend the provision of the Service in the event of unforeseen circumstances (e.g., force majeure, actions or omissions of third parties) or technical and service interruptions necessary for the full functionality of the Portal;
2. send technical, legal, and transactional messages regarding the operation of the Portal to the Service Recipient’s Email Address;
3. send written or electronic (via email) promotional and advertising information to Service Recipients;
4. process Service Recipients’ data for non-commercial purposes within the Service Provider’s statutory activities, and/or for commercial purposes within the scope of the Service Provider’s business activities;
5. refuse to provide the Service to a Service Recipient if they provide an incorrect, false, or temporary Email Address;
6. make any modifications to the Service, the Portal’s content, structure, tools, or operation, provided that material modifications to commercial Services provided in the course of the Service Provider’s business shall only be implemented after notifying the Service Recipients of the intended changes and granting them a notice period to terminate the Agreement, pursuant to the Consumer Rights Act (for natural persons) or the Civil Code (for legal persons);
7. personalise content sent to Service Recipients and select addressees, with the exception of messages defined in point b).
The Service Provider reserves the right to cease providing the Service, delete all Service Recipients’ data, transfer the rights to the Portal to a third party, and take all legally permissible actions regarding the Portal, for which the Service Recipients shall have no claim against the Service Provider.
The Service Recipient has the right to manage the Service via their User Account and to edit the data relevant to the provision of the Service at any time.
The Service Recipient consents to the free use of their image on the Portal and to the sharing of their work if they use the Portal’s functionalities that allow such sharing. The sole purpose of this disclosure is to promote the Service Recipient and the Portal in accordance with the conditions and purpose of the provided Service.
Pursuant to the Agreement and use of the Service, the Service Recipient shall not:
1. publish content that is offensive, lewd, vulgar, offensive to public morality, unlawful, or infringes the legally protected personal rights of third parties;
2. use the Service to publish advertisements for goods or external services, or any information of a commercial nature;
3. copy, modify, disseminate, transmit, or use in any other way any works and databases shared within the Portal, except for fair use;
4. take any action that would hinder the functioning of the Portal or use it in a way that would be detrimental to other Service Recipients;
5. use the Portal in an illegal, immoral way or in a way that infringes the rights of third parties or the legitimate interests of the Service Provider.
The Service Provider reserves the right to:
1. block access to Service Recipients’ Resources that contain erotic, pornographic content, or feature illegal software, or information on how to obtain it, or other content that is illegal, immoral, or infringes the legitimate interests of the Service Provider, if credible information is obtained;
2. remove content created by the Service Recipient from the Portal if it infringes these Terms and Conditions;
3. delete the Service Recipient’s Account if they repeatedly and seriously infringe these Terms and Conditions.

§7

Nature of the Portal

The Service provided by the Service Provider to the Service Recipients may be provided free of charge or for a fee.
The Service Provider does not provide internet access. To use the Service, the Service Recipient must obtain access to a computer or other device capable of accessing the Service via the Portal at their own expense.

§8

Responsibilities

The Service Provider shall not be liable for any damages incurred as a result of the Service being suspended or terminated for a Service Recipient. The Service Provider shall also not be liable for damages incurred as a result of the Service being suspended or terminated and the Service Recipient’s Account being deleted due to the Service Recipient’s breach of these Terms and Conditions.
The Service Provider shall not be liable for:
1. any damages incurred by third parties resulting from use of the Portal in violation of these Terms and Conditions or applicable law;
2. content shared by the Service Recipient via the Service that violates the law or legally protected rights of third parties;
3. information or downloaded materials available on the Portal or sent by Service Recipients via the internet;
4. data loss caused by external factors (e.g., hardware malfunction) or other circumstances beyond the Service Provider’s control (e.g., third-party activity);
5. damages caused by any interruption in the Service resulting from circumstances beyond the Service Provider’s control (e.g., force majeure, actions or omissions of third parties) or resulting from technical and service interruptions necessary for the full functionality of the Portal;
6. the provision of false or incomplete data by the Service Recipient when creating their Account, or any other breach of these Terms and Conditions by the Service Recipient.

§9

Copyright and Related Rights, and Licence

All rights to the works, as defined in the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2006, No. 90, item 631, as amended), forming part of the Portal, both the work as a whole and its constituent parts, including, in particular, the Resources, textual, graphic, and multimedia elements, and application programming elements that generate and maintain the Portal, are reserved to the Service Provider.
The Service Recipient shall not sell, market in any way, or distribute downloaded Resources or any part thereof, including, but not limited to, sending or disseminating them on computer systems and networks, or any other information and communications system.
The Service Provider grants the Service Recipient a non-exclusive and non-transferable licence to use the Resources made available on the Portal, as defined in the Act of 4 February 1994 on Copyright and Related Rights.
The granted licence does not authorise the Service Recipient to, in particular:
1. copy and distribute the available Resources without authorisation;
2. translate, adapt, alter the page layout, or modify the software in any way;
3. disseminate information downloaded from the Portal without authorisation, including by way of loan, lease, rental, or sale;
4. grant access to the Portal and the featured Resources to third parties (e.g., by sharing their Password);
5. grant sublicences;
6. decompile or obtain information about the internal structure or operating principles of the server software.
Should the Service Recipient infringe copyright in any way, they may be subject to civil or criminal liability.

§10

Personal Data Protection

The Service Provider shall process the Service Recipient’s personal data necessary for the establishment, content definition, modification, or termination of the Agreement, and solely for the proper performance of the Service, as defined by these Terms and Conditions, using for this purpose the personal data necessary for their performance in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
The Service Recipient, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, has the right to access and rectify their personal data.
The Service Provider shall specify the data necessary to provide a service electronically each time such data are required. The Service Provider may process the following personal data, the categories of which may vary depending on the type of Service provided: forename and surname, postal address or postcode, Email Address, instant messaging address, contact address on social media (e.g., Facebook.com, Instagram.com), telephone number, date of birth, and online payment data.
The Service Provider is the data controller as defined in Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
The Service Provider, as data controller, can be contacted by post at ul. gen. Władysława Andersa 35, 00-159 Warsaw, Poland, or by email at rodo@filmforum.pl.
The Service Provider, as data controller, has appointed a Data Protection Officer, who can be contacted in writing by post at ul. gen. Władysława Andersa 35, 00-159 Warsaw, Poland, or by email at rodo@filmforum.pl.
The Service Provider, as data controller, shall ensure the security of the personal data shared by the Service Recipients. This data is specifically protected and secured against unauthorised access.
The Service Provider shall ensure that Service Recipients can exercise their rights arising from Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), including:
1. requesting access to their personal data from the Service Provider;
2. requesting rectification of their personal data from the Service Provider;
3. requesting erasure of their personal data from the Service Provider;
4. requesting restriction of processing of their data from the Service Provider;
5. objecting to the processing of their personal data;
6. data portability;
7. lodging a complaint with a supervisory authority.
The Service Recipients’ personal data may be used by the Service Provider for the purpose of sending information about the Portal’s Services electronically and for other purposes arising from the Service Provider’s statutory or business activities.
The Service Provider may share the Service Recipient’s personal data with other Service Recipients in accordance with these Terms and Conditions.
The Service Provider may disclose the Service Recipient’s personal data in special circumstances where there is reason to believe that disclosing the information is necessary to identify or contact the Service Recipient whose actions may (both nationally and internationally) infringe the rights of other Service Recipients or any other person who may be harmed by a specific action that is unlawful and violates data protection legislation. The Service Recipients’ personal data will also be disclosed upon request from authorised institutions in connection with their investigations.

§11

Complaint Procedure

The Service Recipient is entitled to lodge a complaint regarding the provision of the Service by the Service Provider.
All complaints must be submitted in writing, either by registered post to: FILMFORUM Association, ul. gen. Władysława Andersa 35, 00-159 Warsaw, Poland, or by email to: redakcja@filmforum.pl.
A valid complaint must include at least the following information:
1. identification of the Service Recipient (forename, surname, Email Address);
2. the subject of the complaint;
3. the grounds for the complaint.
Complaints lacking the aforementioned information shall not be considered.
The subject of the complaint may be an allegation of defective Service provision, in breach of the terms and conditions set out in these Terms and Conditions.
The following are not subject to complaint: defects, errors, and omissions resulting from:
1. the Service Recipient’s errors and mistakes;
2. malfunctioning of the Service Recipient’s internet browser or connection;
3. third-party activity for which the Service Provider is not responsible.
The Service Provider shall process the complaint within 14 days of receipt. If the complaint cannot be addressed within this timeframe, the Service Provider shall inform the Service Recipient by email of the reasons for the delay and the estimated response time.

§12

Termination of the Agreement

The Agreement may be terminated by either party.
The Service Recipient may terminate the Agreement by notifying the Portal’s administration via email at redakcja@filmforum.pl, or by using the functionalities available on the Portal.
The Service Provider may terminate the Agreement and delete the Service Recipient’s User Account in the following circumstances:
1. the Service Recipient’s material breach of these Terms and Conditions;
2. the Service Provider’s acquisition of information that the User Account name is illegal, immoral, or infringes the rights of a third party or the Service Provider’s legitimate interests;
3. the submission of content to the Portal that violates applicable law or these Terms and Conditions;
4. the Service Recipient’s misuse of the Service;
5. deletion of the Service Recipient’s Email Address used to create the User Account;
6. repeated receipt by the Service Provider of messages indicating that the User Account’s Email Address is malfunctioning or that the mailbox is overloaded, rendering further Service provision impossible.
Where technically feasible, the Service Recipient shall be informed of the Agreement’s termination in the manner specified in paragraph 3 no later than 24 hours after the User Account is deleted.
The Service Provider reserves the right to refuse to provide the Service to a Service Recipient and to delete their User Account if it was created after a previous deletion due to a breach of these Terms and Conditions.

§13

Final Provisions

In matters not covered by these Terms and Conditions, the provisions of applicable law shall apply.
Any disputes arising from this Agreement shall be resolved by the competent court at the Service Provider’s registered address.
The Service Provider reserves the right to amend these Terms and Conditions. Any changes shall take effect upon their publication on the Portal.
These Terms and Conditions shall take effect on 12 May 2020.

FILMFORUM Association Management

12 May 2020