§ 1 Definitions
- Website – a website in the www.etiudaandanima.pl domain belonging to the Service Provider, through which the Service Provider provides the VOD Service;
- Service Provider – Etiuda & Anima Foundation for the Promotion of Artistic, Film and Audiovisual Culture, ul. Morawskiego 5/220C, 30-102 Kraków, entered in the register of associations, other social and professional organizations, foundations and independent public health care facilities and in the register of entrepreneurs kept by the District Court for the Royal Capital City of Kraków-Śródmieście, 9th Commercial Division of the National Court Register under the KRS number: 0000642775, NIP: 9452198761
- Service User – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, having legal capacity, having a Service User Account;
- Website Regulations – regulations specifying the rules for the provision of electronic services on the Website
- Regulations – these regulations;
- VOD Service – a media service called the Etiuda & Anima Video International Film Festival, provided electronically by the Service Provider via the Website’s functionality, consisting in the provision of paid or free Digital Content from the available catalog;
- Agreement – an agreement concluded remotely and supplied electronically between the Service Provider and the Service User, the subject of which is the Service Provider’s provision of access to selected Digital Content as part of the VOD service;
- Audiovisual Material – a film or other audiovisual form, e.g. trailer, film fragment, interview with actors, report from a film festival, made available as part of the VOD Service;
- Price – the fee paid by the Service User for access to paid Digital Content, indicated and made each time available to the Service User in the information along the Digital Content provided in the VOD Service, denominated in Polish zlotys, including tax on goods and services.
§ 2 General provisions
- These Regulations define the rules, scope and conditions for the Service Provider’s provision of the VOD Service on the Website.
- The Service Provider provides the VOD Service by electronic means within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
- The Service User is obliged to read the Regulations before using the VOD Service. 4. By starting to use the VOD Service, the Customer confirms that he has read the provisions of the Regulations, accepts its provisions and undertakes to comply with them.
- Digital content available as part of the VOD Service may be freely added, removed and changed by the Service Provider, while maintaining the rights acquired by the Service User.
- The Service Provider is entitled to all rights to the VOD Service and its content. The Service Provider declares that it has the copyright or the appropriate license to the Digital Content available as part of the VOD Service.
§ 3 Technical conditions for using the VOD Service
- In order for the Service Users to properly use the VOD Service, it is necessary to have a device that allows them to use the resources of the Internet, such as a desktop or notebook computer that meets the following minimum requirements:
- connection to the Internet with real bandwidth of:
- 1.5 Mb / s for video in 480p quality,
- 3.5 Mb / s for video in 720p quality,
- 6.5 Mb / s for video in 1080p quality;
- operating system installed:
- Microsoft Windows 10,
- Android 8.0 or newer;
- an installed web browser that enables the playing of audiovisual content on the Internet via the web service:
- Firefox 52 or newer,
- Chrome 55 or newer,
- Microsoft Edge version 18 or newer,
- Opera version 43 or newer,
- connection to the Internet with real bandwidth of:
- The Service Provider will exercise due diligence to ensure that the use of VOD Services in accordance with the Regulations is correct. However, the Service Provider does not guarantee that there will be no problems with access to the VOD Service for reasons beyond the Service Provider’s control. Such cases, together with their detailed description, should be reported to the Service Provider and they will be considered individually.
- There may be discontinuities in the activity of the VOD Service, during which the Service Users will not be able to use it temporarily, due to, inter alia, maintenance works, changes or improvements to its functioning. The Service Provider will inform the Service Users about technical breaks and their duration through means available to them, in particular by posting messages on the Website or dedicated subpages. Access to Digital Content is extended accordingly by the time during which the VOD Service was not available for the reasons indicated in this paragraph. In the event that the extension of the access referred to above was not possible, the Service User may obtain a refund of the full or part of the Price paid.
§ 4 Rules for using the VOD Service
- Access to the VOD Service is open to anyone who has an active ticket on the terms set out in the Regulations.
- The Service User may use the VOD Service only for personal purposes. To the extent permitted by generally applicable law, the Service User may use the VOD Service for didactic purposes or for scientific activity. The Service User is obliged to use the VOD Service in accordance with these Regulations. The Service User undertakes in particular to:
- not to use the VOD Service for business, commercial or public purposes, unless it is permissible on the basis of generally applicable laws;
- not to use the VOD Service in an unlawful manner;
- not to copy or distribute in any way, whether in whole or in part, the Digital Content to which it has obtained access;
- not to circumvent, modify, remove, change or otherwise manipulate with any security, encoding or other technology or software that is part of the VOD Service;
- not to use the VOD Service in violation of the provisions on copyright, other legal provisions or the provisions of these Regulations;
- not to provide illegal content.
- The VOD Service may only be used on the territory of Poland.
§ 5 Access to Digital Content
- Access to digital content consists in data streaming (without the possibility of downloading or saving it on a data storage device) and may be paid or free of charge.
- In case of each Digital Content, the Service Provider provides information about its type, price, quality, and the date and period in which the Service Recipient will have access to it.
- In order to gain access to paid Digital Content, the Customer must purchase a ticket / subscription via the bilety24 service
- Access to paid Digital Content will take place on the basis of an access code made available to the Service User, enabling authorized access to it on the terms specified by the Service Provider.
- During the period of granted access to the Digital Content, it is possible to play it multiple times, and the Service Provider is entitled to verify the number of times it was played as well as the IP address of the Service User.
- Playing the Digital Content by the User is possible only on one device at a time.
- Access to paid Digital Content ends with the expiry of the period during which the Service User had access to it in accordance with the information referred to in paragraph 2 above.
- Access to free Digital Content is obtained by the Service User from the moment it starts to be played and ends when the Service User ceases to play it definitively.
- In the event of suspicion that the Service User violates these Regulations or generally applicable provisions of law, the Service Provider shall notify the Service User of any detected irregularities. If the violations persist, the Service Provider may block the Service User’s access to the Digital Content.
§ 6 Payment rules
- The Service User pays the Price for access to the selected Digital Content once.
- Payments are made through the bilety24 operator.
§7 Processing of personal data
- The Service Provider does not collect personal data
- The Service User provides personal data only when purchasing tickets in the bitety24 service and this service is responsible for the protection and processing of personal data (Regulations available on the bilety24 website)
§ 7 Complaints
- In the event of a malfunction of the VOD Service or any of its elements, the Service User has the right to file a complaint.
- The complaint should include:
- name and surname of the Service User,
- e-mail address,
- description of observed irregularities.
- The complaint should be sent by e-mail to the Service Provider’s e-mail address: firstname.lastname@example.org
- The deadline for considering the complaint and responding to it is a maximum of 30 days from its receipt by the Service Provider. Failure to reply within this period means that the complaint is accepted.
- The Service Provider sends the reply to the complaint to the Service User by e-mail.
§ 8 Final provisions
- The Regulations are made available to Service Users free of charge via the Website in a form that allows them to be downloaded, saved and printed.
- The provisions of the Regulations in the version in force on the date of its conclusion shall apply to the Agreement.
- The National Council of Radio Broadcasting and Television is the competent authority in matters of on-demand audiovisual media services.
- The Regulations shall enter into force on September 1, 2020.