TERMS AND CONDITIONS
TERMS AND CONDITIONS
FOR “THE PATH OF HOPE” PROJECT
- 1.These are the Terms and Conditions (hereinafter the “Terms and Conditions”) for the www.armiaandersa.pl web platform (hereinafter the “Platform”) designated for the Path of Hope project (hereinafter the “Project”).
- 2.Platforma prowadzona jest przez EY Crowdsourcing spółkę z ograniczoną odpowiedzialnością z siedzibą w Warszawie (ul. Burakowska 5/7, 01-066 Warszawa), wpisaną do Rejestru Przedsiębiorców Krajowego Rejestru Sądowego prowadzonego przez Sąd Rejonowy dla m. st. Warszawy, XIII Wydział Gospodarczy Krajowego Rejestru Sądowego, pod numerem KRS 0000455104, NIP: 5213645781, REGON: 146592065 (zwaną dalej „Organizatorem”).
- 3.The Platform has been created at the request of Rosikon Press publishing with its registered office in Izabelin-Warsaw (al. Dębów 4, 05-080 Izabelin- Warszawa), NIP: 5271003125, REGON: 011079786 (hereinafter the “Client”).
- 4.Each Platform User shall read these Terms and Conditions before the User starts using functionalities of the Platform. A User’s consent to comply with the Terms and Conditions granted during submitting a story to the Platform shall be tantamount to the full and informed acceptance of the Terms and Conditions.
- 1. For the purpose of the Terms and Conditions, the following terms shall have the respective meaning ascribed to them below:
- 1)User – any and each natural person who uses functionalities of the Platform,
- 2)Copyright Act – the Polish Act on Copyright and Related Rights dated 4 February 1994 (Dz.U. [Journal of Laws] 1994 No. 24 item 83, as amended),
- 3)Personal Data Protection Act – the Polish Personal Data Protection Act dated 29 August 1997 (Dz. U. 1997, no. 133 item 883, as amended),
- 4)Story – individual story submitted by the User to the Platform,
- 5)Map – the way travelled by Anders’ Army as made available on the Platform where the Users may mark places that are important for their Story,
- 6)Derivative Work – a work of authorship within the meaning of Section 2 that is derived from the original work of authorship authored by another person, without prejudice to the original work of authorship, including but not limited to translations and adaptations.
Purposes/Features of the Platform
- 1. The Organiser shall provide a Platform access service to Users.
- 2. Use of the Platform shall be voluntary and free-of-charge.
- 3. The Platform may be used by minors. Use of the Platform resources that require the grant of a license, sublicense or another statement of intent shall require the consent of the minor User’s statutory representative, to be made in writing or else be invalid and to be provided on the Organiser’s first request.
- 4. Users shall not be eligible for any remuneration for using the Platform.
- 5. The purposes of the Platform comprise:
- 1)gathering historical accounts of Anders’ Army,
- 2)the inclusion of young people in historical re-enactments,
- 3)adding to records concerning Anders’ Army that are available in public archives,
- 4)preparation, in cooperation with Professor Norman Davies, of a richly illustrated publication, to include selected Story elements submitted by Users to the Platform (hereinafter the “Publication”).
- 6. The Organiser shall offer the following features to the Users of the Platform:
- 1) the possibility to browse content submitted to the Platform,
- 2) the possibility to read Stories submitted to the Platform by other Users,
- 3) the possibility to submit Stories to the Platform.
- 7. Story elements may have the form of:
- 1) photographs, in the form of files with the following extensions: bmp, .jpg, .jpeg, .gif, .png, with an individual size of no more than 2 MB
- 2) audio, visual and audiovisual files with the following extensions: mp4, .mov, .avi, .wmv, with an individual size of no more than 60 MB
- 3) other files, including text files, with the following extensions: .doc, .pdf, .docx, .ppt, .xls, .pptx, .xlsx, with an individual size of no more than 10 MB
- 8. When submitting a Story to the Platform, the User shall be able to specify the date and/or location of the depicted event. The location may also be selected manually on the Map provided for this purpose. If the date and/or location of the event that constitutes an element of the User’s Story is not specified by this User, then its date and/or location may be added by the Story’s moderator, pursuant to Clauses 2.11, 2.12 and 2.13 below.
- 9. The Organiser shall have the right to organise competitions for Users for the most interesting Story, with a proviso that such competitions may not take the form of a game of chance, raffle, bet, sweepstake or another game whose result depends on chance within the meaning of the Polish Gambling Act of 19 November 2009 (Dz.U. No. 201, item 1540, as amended.)
- 10. If the right referred to in Clause 2.9 above is exercised, then the Organiser shall have the right to award prizes to the Users whose Stories will have been selected by the Jury appointed for this purpose, such Jury to include Professor Norman Davies.
- 11. Each Story submitted by a User to the Platform shall be moderated by the Organiser. If the result of the moderation is positive, the Story shall be made visible on the Platform within 72 hours from the time of its submission to the Organiser.
- 12. If the result of the moderation is negative, the Organiser shall notify the User who submitted the Story, by electronic means of communication (to the e-mail address provided when submitting the Story), of the reasons for the refusal to make the Story available on the Platform.
- 13. The Organiser shall have the right not to make a Story available on the Platform or to remove it at a later date if through submitting the Story, the User:
- 1)infringes the honour, dignity, reputation or other personal rights of any third party,
- 2)infringes the applicable law, rules of social conduct and/or established customs,
- 3)disseminates content that is generally deemed as infringing established customs, moral principles, honour or personal rights of any third party, is generally deemed as socially unacceptable, offensive or infringing the basic rules of etiquette,
- 4)disseminates pornography,
- 5)furthers a political agenda,
- 6)discriminates any third party, in particular on the grounds of sex, age, disability, race, religion, nationality, political beliefs, ethnic background, creed and/or sexual orientation.
Rules and timeline of the Project
- 1. The Project is available for Users from 16 May 2014, with the following schedule:
- 1) Submission of Stories to the Platform by Users interested in having their Stories used in the publication referred to in Clause 3.1.2 below – until 26 June 2015,
- 2) Selection of elements from Stories for the purpose of their use in the Publication – until 31 July 2015.
- 2. Users shall have the opportunity to submit Stories to the Platform also following the expiration of the deadline referred to in Clause 3.1.1 above, with a proviso that Stories submitted after this deadline shall not be considered when selecting Stories to be used in the Publication (printed), but will be acknowledged in case of creating it's digital version (e-book)
- 3. The criteria for selecting Story elements for publication shall include, but not be limited to:
- 1) the compliance of the submitted Story with these Terms and Conditions,
- 2) the compliance of the submitted Story with historical truth,
- 3) the merits of the Story,
- 4) creativity in the presentation of the Story.
- 4. Through submitting a Story to the Platform, the User consents to the inclusion of the entire Story or any parts thereof in the Publication.
- 5. The Organiser reserves the right to contact only the Users who are the authors of the Stories nominated to be published.
- 6. The Organiser represents that it shall contact the Users referred to in Clause 3.5 above by electronic means, at the e-mail address and/or telephone number provided when submitting the Story to the Platform.
- 7. If a Story is included in the Publication, the source of this Story and the full name of its author shall be stated.
- 8. The Organiser reserves the rights to include the full names of all the Users whose Stories have been submitted to the Platform (whether or not their Stories have been selected/published) as thanks for their participation in the Project.
- 9. If the Author provides untrue or incomplete data when submitting a Story to the Platform, it shall constitute the grounds for disqualification of the Story from publication.
Submission of Stories to the Platform
- 1. Each User may present Stories consistent with the purpose of the Platform as stated in Clause 2.5 of these Terms and Conditions, through submitting them to the Platform in the form set forth in Clause 2.7 of these Terms and Conditions.
- 2. Through submitting a Story to the Platform, the User represents that:
- 1) he/she is the sole owner or legal holder of the economic copyrights and derivative rights to each specific (creative) element of the Story, in particular to the photographs, music and images.
- 2) he/she has obtained consents from all the person (or their respective legal successors) whose image (which shall also include voice) is used in the Story to record and subsequently distribute as a part of the Story such images (likings), voices, etc., in the scope set forth in Clause 6.2 of these Terms and Conditions.
- 3) he/she has the right to provide the Organiser with all the required licenses and consents set forth in these Terms and Conditions,
- 4) the submission of the Story to the Platform will not result in the infringement of any third party rights, in particular of intellectual property rights and/or personal rights,
- 5) he/she accepts full liability for any consequences of the submission of the Story to the Platform and of any content that constitutes intellectual property.
- 1. If the representations referred to in Clause 4.2 prove inconsistent with the facts and the User breaches, through his/her action or omission, any provisions of law, then the Organiser shall not be liable and the User shall indemnify the Organiser and shall satisfy any third party claims.
- 2. If any third party brings any claim against the Organiser arising from the breach of any of such third party’s rights in connection with any Story or any element thereof submitted to the Platform by a User, then the Organiser shall notify the User thereof and the User shall indemnify the Organiser by way of reimbursing the Organiser for costs incurred in connection with the third party claims and shall redress any damage incurred by the Organiser as a result of the brought claims, which shall not prejudice any of the Organiser’s rights to bring any other claims against the User pursuant to applicable provisions of law.
- 3. If a dispute is brought to a court, then the User shall accept the tender of defense from the Organiser or join the court case on the part of the Organiser as a third party defendant and, on the Organiser’s first request, shall reimburse costs incurred by the Organiser in connection with the infringement of the third party rights, in particular the costs of legal services, the costs of legal representation, the costs of litigation and the costs of adjudged claims arising from the infringement of third party rights.
- 4. The provisions of Clause 5.2 and 5.3 above shall be binding on the User also following the removal of the Story from the Platform.
- 5. The Organiser shall promptly (by e-mail) notify the User that has submitted the Story to the Platform of any claim brought against the Organiser by any third party/parties as a result of the infringement of such third party rights and shall notify (by e-mail) the User that has submitted the disputed Story of any claim brought against the Organiser by any third party/parties as a result of the infringement of such third party rights.
- 6. If a User breaches criminal law in connection with him/her using the Platform, then the Organiser shall notify the relevant law enforcement agencies.
- 7. If a User receives any unsolicited or unwanted mail (so-called spam) sent by electronic means of communication, he/she should notify the Organiser so that the Organiser can eliminate such undesirable behaviour.
- 8. If any links to other websites are posted on the Platform by Users, then the Organiser shall not be liable for the content of such websites, their terms and conditions and/or privacy policies. Such websites are beyond the Organiser’s control.
- 1. All copyrights to the Platform, except for Stories, for which the Organiser has been granted licenses, rights and consent pursuant to these Terms and Conditions, in particular rights to the Platform’s logo and layout, to any competitions held on the Platform and to the content of the Platform, belong to the Organiser. Any trademarks published on the Platform are protected under the provisions of the Industrial Property Law dated 30 June 2000 (Dz.U. 2003, no. 119 item 1117, as amended) and under other laws (including international treaties), and any use of such trademarks by a User or by other unauthorised person without the prior written consent of the Organiser and of the Client shall be prohibited.
- 2. Through submitting a Story to the Platform, irrespective of its subsequent editing and/or use, the User grants a gratuitous, non-exclusive and territorially unrestricted license for a period of five (5) years (hereinafter the “License”) to the Organiser for the use of any of the elements of the Story, for their distribution and for making them available, including for the exercise of any copyrights to the Story, of the rights to artistic performances and to use (distribute, make available) the images of persons recorded in the Story in the following fields of use:
- 1) in respect of recording and reproduction of the Story and/or its elements: to produce with the use of any technology, including magnetic record, photography, audiovisual, digital, optic, print and/or computer technology: in particular in the following format: DIVX, MP3, MP4, MIDI, MP3 PRO, ATRAC, WM, WMA, WMP, ACC3, OGG, AAC+, AAC, WAV, WAVE, AIFC, AU, AIFF, PCM, RIFF, AIF, AIFR, FMD, RM, RAM, RMI, MOV, MPG, PM2, MPE, MPV, MPEG, MPEG2, MPEG4; SND, VQF, ASF, Quicktime (QT), Real Audio, Beatnik, Liquid audio, a2bmusic, CompactFlash, CHS, AVI, VIIVO, RROQ, FILM, NSV, IFV, SWF, M1V, VOB. on the following media: audiovisual, digital, analogue media, cassette, compact disk, CD- ROM, CD ROM XA, CD-R, CD-RW, CD Graphic, CD text, CD EXTRA, CD-I, CD-MO, CD-G (Karaoke CD), VCD, SVCD, DVD, DVDD+ +RW, DVD RR, DVD - RW, DVD ROM, DVD Video, DVD Audio, Blue Ray Disc, HHDCF, MMS, MC, gramophone record (LP), minidisc, BETA, DAT, HDD, floppy disk, VHS, BETA, VIDEO 8, film stock,
- 2) to broadcast video or audio, by cable or wireless, by terrestrial or satellite broadcast (with the use of coded or uncoded signal), along with the right to rebroadcast in digital platforms and/or cable networks;
- 3) to broadcast simultaneously and integrally by another radio or television network;
- 4) in respect of trading in copies of the Story on which it has been recorded: to introduce copies into trading, lend for use and lease;
- 5) to use via the “pay per view”, “video on demand” and “video streaming” technologies, true tone, polyphonic and monophonic ringtones, audio messages, mobile themes, soundtracks, compilations, inserts, singles, promotional albums, multidisc albums, wallpapers, icons, e-cards, computer and mobile screensavers, banners, thumbnails, pop-ups, Internet radio and TV; computer, video, phone, JAVA and console games; to use in telephone and IT connections, including in text messages (such as SMS, WAP, MMS messages) and audiovisual messages;
- 6) for public performance or playback, in particular on planes, boats, buses, in hotels, at shows – whether public or private, free or ticketed, irrespective of the nature and size of the audience;
- 7) for merchandising, including any commercial use of the Story or any elements thereof;
- 8) in respect of distribution of the Story and/or its elements in a manner other than those specified above – to broadcast, rebroadcast and play back and make them publicly available so that anyone can access them at a place and time of their choice, on the Internet, intranet and other IT, multimedia and computer networks;
- 9) to use in films and other audiovisual works of authorship, television and radio programmes, drama, music and drama, choreography, pantomime performances, television, radio and outdoor advertisements and in other manner; the above right concerning advertising shall include goods and services of any type;
- 10) as a part of unrestricted marketing and advertising of the Story – in any medium, through any distribution channel, including films, trailers, photos, reviews, descriptions, comments, music videos and other audiovisual works of authorship, in television and radio programmes, competitions, shows; television, radio, outdoor, printed and Internet advertisements and in any other area that involves informing about the production or use of audiovisual works of authorship or marketing and advertising of the Story;
- 11) the right to make available, whether for a fee or free of charge, after entering into computer and computer network server memory, LAN networks, wireless communication systems (Bluetooth), wireless radio networks (WIFI etc.), 2G (GSM) and 3G (UMTS) telephone networks and devices and on websites, for public use by the users of such networks, at the place and time of their choice;
- 12) to enter the records of the specific elements of the Story to cable and wireless telecommunication networks and make their records (files) available to the users of such networks worldwide, including by mobile phones and other portable (mobile) devices, at the place and time of their choice;
- 13) to enter the records of the specific elements of the Story to computer and computer network server memory, including to publicly accessible networks such as the Internet, and make their records (files) available to the users of such networks worldwide, including via telecommunication networks, at the place and time of their choice, including in the VOD system (which shall be understood by the parties to include, but not be limited to: video on demand, video on demand rental, video on demand sell through, near video on demand, subscription video on demand, Internet video on demand), to make them available on websites and through P2P and other file sharing protocols;
- 14)to Publish the Story and/or its specific elements in either paper or electronic (e-book) version, in an unlimited number of broadcasts or copies;
- 15)in respect of derivative work rights, the permission shall in particular involve the right to permit the exercise of derivative work rights and to prepare adaptations of the Story – the right to modify, alter, abridge, extract stills, prepare sequels, adapt, remake, translate into selected languages and prepare different versions thereof and to utilise them for audiovisual use in the fields of use listed in Clauses 6.1-6.14 and the right to permit the disposal and use of adaptations of the Story; The License will be renewed for an unlimited duration after the License duration stated in Clause 6.2 expires
- 3. The License will be renewed for an unlimited duration after the License duration stated in Clause 6.2 expires
- 4. The Author agrees to the disposal and use by the Organiser of any adaptations of the Story or any parts thereof and to the exercise of derivative rights in the Story or any specific parts thereof (within the meaning of section 2 of the Copyright Act), and allows the Organiser the right to permit the preparation of Derivative Works derived from the Story (in particular the right to prepare translations, gratuitous alterations, arrangements and adaptations of the Story).
- 5. If new, unknown in the moment of submission, fields of use would appear, the Organiser and the User will decide on the possibility of use of the Story and it's elements on new fields of use.
- 6. The User hereby grants for the duration of the License a gratuitous, non-exclusive, territorially unrestricted consent to the Organiser for the exercise by the Organiser of the right to grant sublicenses in respect of the rights held by the Organiser, in particular in the scope set forth in Clause 6.2 of these Terms and Conditions.
- 7. The above provisions shall apply to the Story as a whole and to its respective elements. Transfer of any rights or obligations of the User shall not be assignable to any third person without the prior written consent of the Organiser, to be valid.
- 8. The Organiser shall not be liable for damages pursuant to Section 57.1 or Section 57.2 of the Copyright Act on these grounds.
Technical requirements for the use of the Platform resources
- 1.In order to be able to properly use the Platform resources:
- 1) the User must have Internet access,
- 2) the User must have an individual electronic mail (e-mail) account,
- 3) the User must have one of the following web browsers with minimum version stated in brackets: Internet Explorer (8), Firefox (18), Chrome (24),
- 4) the User must have the following software: Adobe Reader and Adobe Flash Player or their substitutes
- 1. In order to submit a Story to the Platform, the User shall be required to consent to the processing of Personal Data within the meaning of the Personal Data Protection Act.
- 2. Users’ personal data shall be processed in the following scope, which is required to achieve the purpose of the efficient operation of the Platform, which includes efficient communication between Users and the Organiser, i.e.
- 1) name,
- 2) surname,
- 3) e-mail address,
- 4) contact phone number.
- 3. The Organiser shall act as an administrator (hereinafter the “Administrator”) of the personal data provided as defined in the Personal Data Protection Act.
- 4. In discharge of the disclosure obligation arising from Section 24.1 of the Personal Data Protection Act, the Organiser announces that:
- 1) pełna nazwa Administratora brzmi: EY Crowdsourcing spółka z ograniczoną odpowiedzialnością.
- 2) siedziba Administratora znajduje się w Warszawie, adres: ul. Burakowska 5/7, kod pocztowy 01-066 Warszawa
- 3) User’ personal data shall be collected in the extent and for the purpose specified in Clause 8.2 hereinabove,
- 4) the provision of personal data is voluntary. The refusal to provide such data shall be tantamount to the User’s resignation from submitting the Story to the Platform.
- 5. The User may modify the personal data provided with the submission of the Story at any time by sending an e-mail to the Organiser on firstname.lastname@example.org with the information of such modified personal data.
- 6. The User may at any time withdraw the consent referred to in Clause 8.1 above by sending an e-mail to the Organiser on email@example.com. The withdrawal of the consent shall, however, be tantamount to a request to remove the Story from the Platform.
- 1. Each User shall have the right to file complaints with the Organiser concerning undue provision of the services related to the Platform functionality referred to in Clause 2.6 of the Terms and Conditions.
- 2. Reklamacje można przesyłać na adres: EY Crowdsourcing sp. z o.o.
Ul. Burakowska 5/7
01- 066 Warszawa, lub składać w formie elektronicznej, przesyłając ich treść na adres e mail:
- 3. A complaint should consist of inconveniences, which gave the grounds for it's sending
- 4. A complaint should include the full name of the User that submits the complaint.
- 5. Complaints shall be considered as they are received by the Organiser, with a proviso that the Organiser shall consider each complaint within 21 days from its delivery to the Organiser.
- 6. The User shall receive a response to the complaint by electronic means of communication, to the e-mail address from which the complaint was sent
- 7. A complaint or notification in particular should not concern any defect, shortcoming or inability to use the Platform that would arise from:
- 1) the User’s failure to fulfil the technical requirements listed in Clause 7 of the Terms and Conditions;
- 2) the absence of the User’s consent to comply with the Terms and Conditions;
- 3) a User’s error or mistake;
- 4) an improper use of the Internet, web browser and/or telecommunication connection by the User.
- 8. The Organiser may request further information from the User if they are required to properly consider the User’s complaint. In such case, the User’s complaint shall be considered within 21 days from the date of effective delivery to the Organiser of such further information. If the further information will not be provided, the Organiser shall consider the complaint with the given information.
- 1. The rights and obligations arising from these Terms and Conditions shall be construed in accordance with the laws of Poland.
- 2. The valid Terms and Conditions are available on www.armiaandersa.pl
- 3. The Organiser is entitled to amend the Terms and Conditions for important reasons, especially when the given regulations are changed or when the functionality of the Platform is changed in order to give the Users better conditions of using it's resources.
- 4. Any amendment of these Terms and Conditions shall take effect:
- 1) within 7 days from the date of notification of Users by electronic means of communication of the amendment and its scope if such an amendment affects the position of Users,
- 2) immediately upon notification of Users by electronic means of communication of the amendment and its scope if such an amendment does not affect the position of Users.
- 5. These Terms and Conditions are available in two language versions, in Polish and in English. In the case of any discrepancy, the Polish version shall prevail.
- 6. These Terms and Conditions were first made available on the Platform on 21 January 2015.