ARTIST RESIDENCIES PORTAL
- These regulations set forth the terms and conditions for the provision of electronic services when using the internet-based service available at the following address: http://www.artistresidencies.pl maintained by the National Centre for Culture whose registered office is in Warsaw, 13 Płocka Street, 01 – 231 Warsaw, which is entered in the Register of State Cultural Institutions maintained by the Minister of Culture and National Heritage under number RIK 71/2006, a holder of tax ID no.: 525 – 235 – 83 – 53, statistical ID no.: 140 – 468 – 418 .
- Registration and use of the Website Services is free of charge.
- The terms used in these Regulations shall have the following meanings:
1) User – a natural person, including a Consumer as well as a legal entity or an unincorporated organisation which under special regulations has legal capacity, who use the Website Services after prior acceptance of these Regulations;
2) Consumer – a natural person who performs a legal action not related directly to its business or vocational activity;
3) Regulations – these regulations governing the provision of the Website services by electronic means;
4) Moderator – a person who keeps order in the section of the Site assigned to; in specific cases the moderator may change, delete or block a User’s works;
5) Registration – the registration through Facebook connect, Twitter or an e-mail account on the Website after prior acceptance of these Regulations;
6) Website (hereinafter also referred to as the “Site”) – the website available at http:/www.artistresidencies.pl, through which the User is able to use the Services;
7) Service (Services) – the service provided by the Administrator by electronic means in accordance with the rules laid down in these Regulations through the Website;
8) Website Administrator - The National Centre for Culture whose registered office is in Warsaw, 13 Płocka Street, 01 – 231 Warsaw, which is entered in the Register of State Cultural Institutions maintained by the Minister of Culture and National Heritage under number RIK: 71/2006, a holder of tax ID no.: 525 – 235 – 83 – 53, statistical ID no.: 140 – 468 – 418;
9) User Personal Data Administrator - The National Centre for Culture whose registered office is in Warsaw, 13 Płocka Street, 01 – 231 Warsaw, which is entered in the Register of State Cultural Institutions maintained by the Minister of Culture and National Heritage under number RIK: 71/2006, a holder of tax ID no.: 525 – 235 – 83 – 53, statistical ID no.: 140 – 468 – 418;
10) Avatar – the image which is displayed next to the User’s name;
11) Personal Data – the User’s forename, surname and e-mail address;
12) Civil Code – the Civil Code Act of 23 April 1964 (Journal of Laws no. 16, item 93 and subsequent amendments);
13) Copyright law –The Copyright and Related Rights Act of 4 February 1994 (Journal of Laws of 1994, no. 24, item 83 and subsequent amendments);
14) Personal Data Protection Act – the Personal Data Protection Act of 29 August 1997 (consolidated text in Journal of Laws of 2014, item 1182 and subsequent amendments).
- Admission to the use of the Website is subject to prior acceptance of the terms of these Regulations.
- The Administrator provides through its Website the following Services as part of which it is possible:
1) to review the contents of the Website,
2) for the User to send information for contact purposes,
3) to register on the Website through Facebook Connect, Twitter or an e-mail account.
- Upon the Registration a contract is entered between the User and the Administrator for the provision of services by electronic means the subject matter of which is the aforementioned Services.
- For the use of the Website it is necessary for the User to have a device with access to the internet equipped with an internet browser (Mozilla Firefox version 24.0 at least, Opera version 10, Google Chrome version 28.0 or later or MS Internet Explorer, version 8.0 or later) which provides cookie file and Java Script support. It is allowed to use another internet browser version if it provides full compatibility with the versions listed above.
- In order to maintain secure use of the Website it is recommended that the device used by the User is equipped in particular with:
1) an antivirus system with the latest virus definition version and updates,
2) an effective firewall,
3) all the available safety updates of the operating system and internet browser installed,
4) the function of accepting cookies and Java Script in the internet browser activated,
5) software to enable the reading of PDF files.
- The functionality of the Website may be interrupted for technical reasons, arising in particular due to its repairs or maintenance as well as due to the necessity to create backup copies and process collected data. Users shall be informed of each interruption by the display of an appropriate message on the Website.
- The Administrator does not guarantee the proper operation of the Website if it is used by a User with equipment and software that does not meet the technical requirements specified in these Regulations. Provision of the Services may also be interrupted due to a low connection quality, faults or defects of the telecommunications equipment, power systems, computer equipment, telecommunication network breakdowns, power outages or a connection interruption during use of the Website.
User is obligated in particular to
1) Observe the applicable Polish legal regulations and these Regulations while using the Website,
2) Not to supply or transmit through the Website any content prohibited by the applicable Polish legal regulations while using the Website,
3) Refrain from supplying or transmitting through the Website any content contrary to ethical norms and rules of social intercourse while using the Website.
- Website content and browsing the site:
1) The Administrator maintains the Website which is a structured and constantly updated data base of centres which maintain residencies and of artists’ activities. The Website also contains User downloadable additional material (files) and information about artistic residencies in Poland and abroad.
2) Any content and advertisements featured on the Website are only for information purposes and do not constitute the Administrator's offer as defined by the Civil Code, and their veracity or whether it is up-to-date is not verified by the Administrator.
3) Any third party offers, announcements or advertisements which are uploaded on the Website on the instruction of the Administrator are not offers uploaded by the Administrator but only by third parties and the Administrator's role is limited only to the intermediation in presenting such offers by displaying them on the Website.
- Any photos added by the Users and their descriptions are moderated by the Administrator before or after publication.
- Any content added by Users which deemed to be offensive or in violation of generally applicable regulations or contains spam or advertising shall be irreversibly deleted from the Website.
- In the event that a User places on the Website any content (including, in particular, photos or statements) which by its nature has the quality of a work as defined by the Copyright Law, than the User grants to the Administrator an unlimited in time and territory, gratuitous and tradeable licence (with the right of sublicensing) to use, duplicate or disseminate such content and develop on its basis derivative works, to exhibit them or perform in connection with the provision by the Administrator of the services, irrespective of the format of the medium and the method of transmission of the material.
- In the event that a User places on the Website any content (including, in particular, photos or statements) which by its nature has the quality of a work as defined by the Copyright Law, than the User grants to the other Website Users an unlimited in territory, non-exclusive and gratuitous licence to access the above-mentioned content placed on the forum pages and to use, duplicate and disseminate such content within the scope permitted by these Regulations.
Rules Governing Responsibility for Uploaded Content
- The User is responsible for the uploaded content of his messages, entries etc.
- The persons who upload content which violates generally applicable legal regulations or which affect legally protected interests of other entities shall be liable to criminal and civil liability.
- The User declares that any statements, accounts, photos or any other material uploaded by the User through the Website do not infringe third party rights and are not encumbered with any claims and third party rights. The User declares that he or she owns the rights to the material.
- The Works and other content uploaded by Users to the Website shall be visible on the Website also after the User's Account is deleted, unless it is contrary to generally applicable legal regulations. In the above-described case, the Work or content may be anonymised or deleted.
Other Rights and Obligations
- Each Party may terminate this agreement for the provision of services by electronic means at any time and without reasons, subject to the preservation of the rights acquired by the other Party before the termination of the aforementioned agreement and the provisions of these Regulations.
- The User may terminate this agreement for the provision of services by electronic means by sending a written notice of resignation to the Administrator’s address indicated in § 1 of these Regulations or by e-mail to: firstname.lastname@example.org or email@example.com
- The Administrator is entitled to terminate this agreement for the provision of services by electronic means with immediate effect in case of an infringement by the User of the provisions of these Regulations.
- Complaints concerning the services provided by electronic means through the Website (hereinafter: Complaint) may be sent in writing to the Administrator’s address indicated in § 1 of these Regulations or by e-mail to: firstname.lastname@example.org or email@example.com
- A Complaint should contain at least:
1) the User’s identification (including forename, surname and postal or e-mail address, depending on whether the Complaint is made by letter or by e-mail),
2) description of the problem causing the Complaint.
- A Complaint shall be processed within 14 days of its receipt. If there is no reply within the above-stated time limit, the Complaint shall be considered as accepted in line with the User’s stipulation. The above sentence shall not apply to Users’ claims for damages or claims from which the obligation to repair damage may arise.
- If a Complaint made by a User is not accepted in part or in full, the User at any time may refer the case to litigation before a common court. The User has the right to refer the case to court proceedings at any time before completion of the complaint procedure.
- The User may also contact the Administrator at any time:
1) by sending a letter to the address stated in § 1 of the Regulations,
2) by phone: 22 21 00 147,
3) in person.
Withdrawal from the Agreement
1. The User is entitled to withdraw from the agreement for the provision of services by electronic means without reasons within 14 days of the date of its conclusion. Withdrawal shall be effected by giving a statement in accordance with the template attached as Annex no. 1 to these Regulations.
2. The User may give the statement referred to in the preceding paragraph by letter or e-mail addressed to the Administrator's registered office address.
- Any disputes between the Administrator and a User who is a Consumer shall be referred to a court that is competent under the applicable provisions of the Code of Civil Procedure.
- Resolution of any disputes between the Administrator and a User who is not a Consumer shall be referred to the court having territorial jurisdiction over the Administrator’s registered office.
- The Administrator is also an Administrator of the Users' personal data as defined by the provisions of the Personal Data Protection Act.
- The User is entitled to access and to correct their data at any time.
- The provision of personal data is voluntary.
- Personal data is processed by the Administrator each time on the basis of the User's consent given during the Registration procedure.
- Generally applicable provisions of law shall apply to any matters not regulated by these Regulations.
- Every person can access these Regulations before entering the agreement for the provision of services by electronic means.
- Users may access and print these Regulations at any time and free of charge by clicking on a link on the Website home page.
- Pursuant to Art. 25 sect. 1 item 1(b) of the Copyright Law further dissemination of articles and other content published on the Website is prohibited.
- These Regulations may be amended in accordance with the rules set out in Art. 3841 of the Civil Code.
Annex no. 1
AGREEMENT WITHDRAWAL FORM TEMPLATE
I hereby inform you that I withdraw from the agreement for the provision of services by electronic means with respect to the use of the Website available at: http:/www……………………………………………….
Date of conclusion of the agreement: …………………………...
User’s first name and surname: ……………………
User’s address: ………………………………
User’s signature (only if this form is sent in hard copy)
ARTIST RESIDENCIES INTERNET PORTAL
- The Administrator shall make every effort to ensure that the privacy and personal data provided by Users are protected when using the Website and shall take any necessary action for that purpose.
Personal Data Administrator
- The Administrator of the Users’ Personal Data provided in connection with their use of the services provided by the Website (hereinafter: “Personal Data”) is the National Centre for Culture whose registered office is in Warsaw (01-231), ul. 13 Płocka Street, 01 – 231 Warsaw, which is entered in the Register of State Cultural Institutions maintained by the Minister of Culture and National Heritage under number RIK: 71/2006, a holder of tax ID no.: 525 – 235 – 83 – 53, statistical ID no.: 140 – 468 – 418.
- The Administrator is obligated by law to secure the processed Personal Data before making it available to unauthorised persons and from taking the data by an unauthorised person to process such data in accordance with the provisions of the Personal Data Protection Act and to protect it from amendment, loss, damage or destruction.
Basis for Processing Personal Data
- Personal Data is processed on the basis of a consent given by the User, and in cases where the law authorises the Administrator to process personal data, on the basis of law or in order to implement the contract entered into by the contracting parties.
- The provision of Personal Data is voluntary and necessary in order to complete Registration.
- Users are entitled to access their Personal Data and correct it at any time.
- The Administrator may send to Users, also at e-mail addresses provided by them, commercial information about the Administrator’s products and services and other products and services provided that a User has given their prior consent to receive them. The User may withdraw their consent at any time. The consent may be revoked by email at: firstname.lastname@example.org,
- The Administrator may process Personal Data upon termination of the provision of services, in order to improve services and also to adapt the advertising, materials or recommendations to the User's recommendations or preferences provided that the User has given his or her prior consent.
- Cookies are text files recorded by a browser on the User’s computer disk in order to store information used to identify the User or to store a history of actions taken by the User.
- Cookies are used in order to:
1) identify the User and to correctly attribute to the User historical data collected during previous visits to the Administrator’s Website,
2) to maintain the User’s session (after logging) in order that the User will not have to re-enter their Password on each subpage of the Website and
3) to optimize the use of the Website,
4) to adapt the Website to Users’ needs, and
5) to produce viewing statistics of the Website subpages.
- The User may refuse to give his consent to put cookies in his computer, e.g. by using the browser settings.
- In the Help section of most browsers one can find instructions on how to disable cookies by the browser.
- Apart from cookies the Website can also gather data normally gathered by internet system administrators in the form of so-called logs or logging files. The information contained in logs may include, among other things, IP address, type of the platform and internet browser, internet provider and address of the site from which a visit to the Website is made.
- The User has the right to access the Personal Data content at any time and to amend it.
- In the event of processing Personal Data for marketing purposes on the basis of a granted consent, the person to whom the Personal Data applies is entitled to withdraw their consent at any time and by a declaration made in any form.
- The Administrator may refuse to delete Personal Data if the User infringes the Regulations or applicable legal regulations and where the preservation of Personal Data is necessary in order to establish the User’s liability.
- Links to other internet sites may appear on the Website. Such internet sites operate independently of the Website and are not supervised by the Website or the Administrator in any way. These sites may have their own privacy policies and regulations which we recommend are reviewed by the User.