Online services terms and conditions www.americanfilmfestival.pl website
- Website – the website located under the domain of www.americanfilmtestival.pl, to which the Service Provider holds exclusive rights;
- Service Provider – Stowarzyszenie Nowe Horyzonty, headquartered in Warsaw at ul. Ludwika Zamenhofa 1, 00-153 Warszawa, entered into the register of associations, other social and professional organizations, and independent public health care institutions and into the register of entrepreneurs maintained by the District Court of the City of Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0000162000, NIP: 525-22-71-014, Regon: 015503904;
- User – a natural person, legal person or unincorporated organizational entity possessing legal capacity, which creates an account within the Website;
- Services – services provided online by the Service Provider through the Website;
- Event – film festival, concert or other event organized by the Service Provider to which attendance is made available through the purchase of Passes and/or Tickets within the Website;
- Passes – specific documents attesting the conclusion of an agreement with the Service Provider, entitling holders to attend an Event; the Service Provider designates Passes for specific Events, thus entitling holders to attend screenings at film festivals, and/or sells Passes to entities operating within the media and film industries;
- Tickets – specific documents attesting the conclusion of an agreement with the Service Provider, entitling holders to attend an Event; the Service Provider designates Tickets for specific Events, entitling holders to attend multiple or single film screenings, as well as special events and concerts;
- Terms and Conditions – the terms and conditions set out herewith.
- The Terms and Conditions establish the regulations for:
- the provision by the Service Provider of Services to Users, with the specification that services described under Paragraph 2, Points 4, below, are subject to specific regulations set out in supplemental terms and conditions,
- the processing by the Service Provider to personal data disclosed by Users who are natural persons.
- The Service Provider provides the following specific Services:
- the viewing and reading by Users of materials contained in the Website,
- the maintenance of User accounts within the Website,
- a newsletter,
- the conclusion of remote purchase agreements for Passes and Tickets.
- The Service Provider provides Services online as defined by the Act of 18 July 2002 on providing services by electronic means (Dz.U. [Journal of Laws] 2002, No. 144, pos. 1204 as later amended). The Services are provided free of charge.
- The provisions of the Terms and Conditions establish that access to the Website is open to anyone with access to an Internet network.
- The User represents reading and being familiar with the Terms and Conditions before using the Website. Creating an account within the Website requires the User’s prior consent to the provisions set out in the Terms and Conditions.
- The User shall comply with the provisions of the Terms and Conditions upon beginning use of the Website.
- The Terms and Conditions are made available to Users free of charge through the Website in a format that allows for the downloading, saving and printing thereof.
Technical Requirements of Service Use
- In order to make adequate and full use of the Services, Users should dispose of:
- a device providing access to the Internet;
- Internet browser software, such as Firefox 8.0 or higher, Chrome 11 or higher, Internet Explorer 8 or higher, or other software with similar functionality.
- The use of applications available within the Website may require the User to enable Java Script and ‘cookies’.
- The use of the Service of viewing and reading by Users of materials contained in the Website does not require the creation of a user account within the Website. The service agreement for this Service is concluded when the User begins using the Website.
- The use of other Services requires the User to create an account within the Website. The creation of an account requires the User to follow instructions provided within the Website. Once the User has duly completed the registration form, the Service Provider shall confirm the creation of a user account within the Website in a confirmation message sent to the email address provided by the User.
- The provision of the Services described in Paragraph 2, above, is based on a service agreement concluded between the Service Provider and the User by virtue of the creation of a user account.
- The User may choose to subscribe to the newsletter service upon the creation of a user account within the Website within the user profile section of an active user account within the Website.
- The newsletter provides promotional information relating to products, Services, and events, which are organized by the Service Provider and third parties working in cooperation with the Service Provider
- The Service Provider undertakes to provide Services, specifically including: the maintenance of a user account within the Website, newsletter distribution, and the means of concluding remote purchase agreements for Passes and/or Tickets.
- The User may only use the Services within the provisions the law, according to accepted rules of appropriate behavior, and without in any manner acting against the legitimate interests of the Service Provider.
- Users are forbidden from uploading illegal content to the Website.
Service Agreement Termination
- The agreement to provide the Service of viewing and reading by Users of materials contained in the Website is terminated upon the User’s closing of the Website.
- Either Party may terminate the agreement to provide the newsletter Service at any time. The User may unsubscribe from the newsletter by changing the relevant settings within the profile section of the user account within the Website.
- The User may terminate the Service of maintenance of a user account by submitting to the Service Provider a request for account deletion. In such cases, all other agreements shall also be terminated.
- Users who are consumers as defined by law have the right to terminate any service agreement concluded with the Service Provider, within a period of 10 days following the conclusion of the agreement, with such exceptions as are outlined in Paragraphs 5 and 7, below.
- The right to withdraw from a remote agreement, as defined by the Act of 2 March 2000 on the protection of certain consumer rights and on liabilities for damages caused by a dangerous product, does not extend to Users who are consumers as defined by law and who have concluded a purchase agreement for Passes and/or Tickets with the Service Provider since, in accordance with Article 16, Paragraph 2, Point 2 of said Act, the agreement concerns the provision of entertainment services.
- A statement of withdrawal may be submitted in writing by mail. In order to comply with the applicable period of termination established under Paragraph 4, above, the User shall post the statement of withdrawal by registered letter to the Service Provider’s address within said period. A statement of withdrawal may also be submitted in an email sent to the Service Provider at the email address indicated at § 10 of the present Terms and Conditions.
- By activating a user account, the User consents to Service commencement within 10 days of agreement conclusion. In such cases, the right to termination expires upon Service commencement.
- The Service Provider is entitled to terminate a service agreement, block a User’s access to a user account, and to delete the account of a User found to be using the Services in a manner that is in breach of law or Terms and Conditions.
- The Service Provider may refuse to provide Services to and may delete the account of a User with whom the Service Provider has previously terminated an agreement and who previously held an account within the website that has since been deleted due to said User’s breach of law or Terms and Conditions.
Claims and Requests
- Users shall make any claims and/or requests relating to Services provided by the Service Provider in writing, by registered letter posted to the Service Provider’s address.
- Claims and/or requests shall include the User’s name, surname, mailing address, and email address.
- The Service Provider shall review claims and/or requests within 30 days of receipt of the registered letter.
- The Service Provider shall refer to the Terms and Conditions set out herewith in reviewing all claims and/or requests.
- The Service Provider shall inform the User in writing of any decisions regarding claims and/or requests by letter or email, at the address specified in the registered letter containing the claim and/or request.
Processing of Personal Data
- Within the scope of providing Services online, the Service Provider has the right, as established by Article 18, Paragraph 1 of the Act on providing services by electronic means, to process the personal data of Users insofar as such data are necessary for the Service Provider to conclude, elaborate the content of, change, or terminate a service agreement and insofar as such data are essential to the adequate performance of Services.
- In the event the Service Provider becomes aware that a User has used the Services in a manner that is in breach of the law or of the Terms and Conditions, the Service Provider may process said User’s personal data within the scope necessary to establish said User’s liability.
- Among the User’s personal data that the Service Provider may process are the following:
- surname and first name,
- residential and mailing address,
- email address,
- phone number,
- When making the account registration form available to the User, the Service Provider indicates the personal data necessary to conclude a service agreement with the User. The disclosure of personal data is voluntary. Refusal to disclose personal data may prevent the Service Provider from providing Services.
- The Service Provider may also process data related to the User’s use of Services (operating data):
- information identifying the User, established according to the data listed under Paragraph 3, above,
- information identifying the telecommunications network terminal or the information and communications technology system employed by the User,
- information on the start, end, and extent of each session during which the User made use of the Services,
- information on the use of the Services by the User.
- In the event of a request for the conclusion or in the event of the conclusion of a purchase agreement for a Pass and/or a Ticket or any other agreement that the User may conclude with the Service Provider through the Website and which does not concern the delivery of online services, the Service Provider is entitled, as established by Article 23, Paragraph 1, Point 3 of the Act of 29 August 1997 on the protection of personal data (Dz. U. [Journal of Laws] 1997, No. 133, pos. 883 as later amended) to process the User’s personal data, described under Paragraph 3, above, in order to conclude and fulfill such an agreement and in order to pursue any claims related to its fulfillment.
- The Service Provider acts as the administrator of personal data as defined by the Act on the protection of personal data.
- As the administrator of personal data, the Service Provider ensures the safety of personal data disclosed by the Users. These data are protected from access by unauthorized persons.
- The User has the right to view and modify the personal data that said User has disclosed.
- The Service Provider may, according to Article 31 of the Act on the protection of personal data, entrust the processing of Users’ personal data to third parties.
- Users should direct all questions, opinions and requests pertaining to the functioning of the Website, as well as all declarations addressed to the Service provider, by email at: firstname.lastname@example.org
- The Terms and Conditions come into effect as of 6 October 2016.