VOD Regulation

Rules and Regulations for the use of the VOD platform of the Polish Film Festival in Gdynia

 

1. Definitions

  • WEBSITE – website available at www.festiwalgdynia.pl, the rights to which belong to the Service Provider.
  • SERVICE PROVIDER – the provider of services within the Website is the Pomeranian Film Foundation in Gdynia, entered into the register of entrepreneurs and the register of associations, other social and professional organisations, foundations and independent public healthcare institutions of the National Court Register under KRS number: 0000233880, REGON: 220055893, NIP: 586-21-47-548.
  • SERVICE USER – a natural person having full legal capacity, legal person or organisational unit without legal personality, who sets up an account on the Website.
  • ACCOUNT – an account registered in accordance with the Rules and Regulations for an account registering and accreditations purchase.
  • VOD SERVICE – media service under the name PFF VOD, rendered by the Service Provider electronically through the Website, consisting of the supply of digital content, from available catalogue.
  • ACCREDITATION – a virtual personalised identifier entitling its holder to use VOD Service.
  • VIRTUAL SCREENING ROOM – dedicated page on the Website with video player, where festival audience will have an opportunity to watch selected films within the VOD Service.
  • FILM CONTENT – audiovisual material.

 

2. General provisions

  • The present Rules and Regulations set out the conditions for the provision of PFF VOD Services.
  • The Service Provider declares they are authorised to provide services, in particular, that they have obtained all licences necessary to render services offered on the Website.
  • By accepting the Rules and Regulations, the User undertakes to comply with them.
  • The Service Provider renders the VOD Service by electronic means within the meaning of the Act of 18 July 2002 on Providing Services by Electronic Means (Dz.U. [Journal of Laws] of 2002, No 144, item 1204 as amended).

 

3. Technical conditions for the VOD Service use

  • To properly use the VOD Service, the Service User must have a device with Internet access, including a desktop or notebook computer with the following minimum requirements:
    • Internet connection with actual bandwidth;
    • installed operating system;
    • installed web browser that allows the user to play audiovisual content with DRM system within web service;
    • The Service Provider shall exercise due diligence to ensure that the VOD Services are used properly in accordance with the Rules and Regulations. However, the Service Provider does not guarantee there will be no problems with access to the VOD Services, for reasons beyond the Service Provider’s control. Such cases, together with detailed description, should be notified to the Service Provider and they will be considered individually.
    • There may be some interruptions in the provision of VOD Service, during which Service Users will temporarily not be able to use the service, for instance, due to maintenance works, or any modifications or improvements introduced thereto. The Service Provider will inform Service Users of any technical interruptions and their duration, by available means, in particular by making announcements 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 reasons specified in the present clause. Should the extension referred to hereinabove be not possible, the Service User may get a refund of the paid Price or its part.
      1. 1.5 Mb/s for video playback in 480p quality,
      2. 3.5 Mb/s for video playback in 720p quality,
      3. 6.5 Mb/s for video playback in 1080p quality,
      4. Microsoft Windows 7,
      5. Mac OS 10.12 or later,
      6. iOS 12 or later,
      7. Android 8.0 or later,
      8. Firefox version 70 or later,
      9. Chrome version 75 or later,
      10. Microsoft Edge version 18 or later,
      11. Opera version 56 or later,
      12. Safari version 13 or later.

 

4. Rules for the VOD Service use

  • Having purchased an Accreditation on the Website, the Service User is granted access to the VOD Service;
  • The rules for accreditations purchase have been set out in the “Rules and Regulations for an account registering and accreditations purchase” available on the Website;
  • To use the VOD Service, the Service User is required to make reservations for chosen film screenings via reservation system available on the Website;
  • Film screenings are held in virtual screening rooms according to the screening schedule arranged by the Service Provider;
  • Every virtual screening room is programmed for a particular number of seats specified by the Service Provider;
  • Service Users can access their reservations in “History of reservations” tab;
  • Within a time limit specified by the Service Provider, the Service User will be able to enter the Virtual Screening Room via a link provided next to a given title in “History of reservations” tab;
  • The Service User can pause and rewind films available on the Website;
  • The Service User has the right to participate in a film screening only within time limits specified by the Service Provider in the schedule;
  • The Service User may choose Polish or English subtitles, however, some films may have subtitles burned in;
  • Film screenings on the Website are available within the territory of Poland only. The Service User must have a Polish IP address. The Service User shall neither use nor attempt to use the Website outside the territory of Poland;
  • The Service User can access the contents available on the Website on one device at a time;
  • To use the Website, it is necessary to have a device that meets technical requirements and has access to the Internet with minimum parameters specified in point 3 above;
  • The content available on the Website is protected by copyrights enjoyed by the Service Provider or other entity from whom the Service Provider obtained a licence required by law. You must not to download, upload, copy, reproduce, transmit, publish, modify, loan, lease, sell, distribute, or create any derivative works of any Website content, or exploit it in a manner inconsistent with the Rules and Regulations or contrary to the provisions of law;
  • The Service Provider is not responsible for the Internet connection and/or the functioning of any devices used by the Service User.

 

5. WITHDRAWAL FROM THE AGREEMENT

  • Pursuant to Article 38(13) of the Consumer Rights Act of 30th May 2014, the Buyer is not entitled to the right of withdrawal in relation to the agreement the object of performance of which are services for provision of digital content, which are not recorded on a tangible medium, if performance has begun with the consumer’s express consent before the end of the withdrawal period and after having been informed by the trader about the loss of the right of withdrawal. Thus, the Buyer is not entitled to withdrawal from the agreement when purchasing the Service.

 

6. COMPLAINTS

  • Complaints regarding access to Services, operation of the Website and the Services themselves, must be submitted to the following e-mail: reklamacje@festiwalgdynia.pl. A complaint should include the Service User’s contact details and a description of the reason for the complaint.
  • The Service Provider will consider the complaint and inform the Service User about their decision within 14 days from receiving the complaint notification. The Service Provider will notify the Service User about the result of the claim processing by e-mail, to the address indicated by the Service User in the claim application.
  • Complaints regarding electronic payments require notification to the payment provider.

 

7. PROTECTION OF PERSONAL DATA AND COOKIES

  • The administrator of personal data obtained from the Service User is the Service Provider.
  • Personal data are processed for the purpose of executing the concluded agreement.
  • Personal data are processed for the period of execution of the agreement and until the expiration of claims related to its execution.
  • Any person providing their personal data has the right to request access, correct data, delete data, restrict their processing, raise objection, to transfer data and to file a complaint to the supervisory authority. Personal data are not subject to profiling.
  • The Service Provider transfers the Service User’s personal data to payment systems operators and authorises their use in order to process payments made with the participation of the Service User as a part of the Services sales system, as well as to fulfil the obligations of payment system operators under applicable law and related to the processing of these payments.
  • The Service User uses the mechanism of so-called cookies, i.e. text files stored on the user’s computer. This mechanism is not intended to obtain any information about individual users and is used to maintain user navigation parameters and login status, and to aggregate statistical data about user traffic. Creating statistics helps to understand how users of the website use the Service Provider’s website, which enables improving its structure and content.
  • The Service User can delete cookies or change their settings in the web browser they use. Deleting or changing the settings of cookies in your browser may cause difficulties in using the Service Provider’s website.

 

8. FINAL PROVISIONS

  • The Service Provider is not responsible for the blocking of messages sent to the e-mail address specified by the Service User by mail server administrators and for the deletion and the blocking of e-mail messages by software installed on the computer used by the Service User.
  • The Service Provider reserves the right to suspend or terminate Online Sales on the Service Provider’s website, in particular due to the need for maintenance, review or expansion of the technical base.
  • The Service Provider reserves the right to amend the Rules and Regulations. Any changes to the Rules and Regulations become effective on the date indicated by the Service Provider, minimum 14 days from the date they were made available on the Website. Orders placed before the date of entry of amendments to these Rules and Regulations into force are executed on the basis of the provisions in force on the date of order.
  • In matters not regulated by these Rules and Regulations, the provisions of Polish law shall apply.