User Regulations and Legal Policy of artescommunity.eu
I. General Provisions.
The administrator of artescommunity.eu website is EST Lifelong Learning Centre – Placówka Kształcenia Ustwicznego EST (carrying out a project entitled ARTES – Art as a vehicle for education and social inclusion), based at 34-100 Wadowice, Al. M. B. Fatimskiej 66, Poland.
The administrator of the artescommunity.eu website will be hereon referred to as “EST”.
The User Regulations and Legal Policy pertaining to the use of artescommunity.eu will hereon be referred to as “the Regulations”.
II. Regulations for using artescommunity.eu
- Regulations set out the general principles of using artescommunity.eu, including in particular the rights and obligations of users and the scope of license given by the users to artescommunity.eu. Issues not regulated by the Regulations on artescommunity.eu are governed by the provisions of generally applicable Polish law, in particular the Civil Code.
- Each user (a person using the website artescommunity.eu, regardless of registration) is required to comply with the Regulations.
- The rights to artescommunity.eu (excluding the rights to materials placed by the users) belong to EST.
- The user of artescommunity.eu, under the terms of the Regulations and the applicable laws, shall be entitled, in particular:
a. to view the site, including content placed on the artescommunity.eu by himself/herself or other users.
b. to upload the content; however, due to technical and functional considerations of artescommunity.eu, the contents posted by the user can only be displayed on the website in the format or in other parameters allowed by this site. This entails, in particular, the possibility of modifying, by means of the automatic software service support of artescommunity.eu, the size or other parameters of a contents published on the website, either during the process of that contents being uploaded by the user on artescommunity.eu or thereafter, and of presenting the contents on artescommunity.eu as originating from the user in a modified format or with other altered parameters, which the user acknowledges and agrees with;
c. to describe the contents uploaded by him/her,
d. to comment on his/her files or the contents of other users
e. to place on other sites or web pages, discussion forums, or any other web sites on the Internet and distribute in other ways (e.g. via email, instant messaging), links to individual pages within the website that functions as artescommunity.eu, including links to individual contents.
- A condition of use of artescommunity.eu is acceptance by the user of the provisions of the Regulations. Using this website means that the user has read carefully the contents of the Regulations, that he/she accepts and agrees to their provisions. Using this website by placing on it specific files or other content (e.g. descriptions, comments) means that the user certifies that he/she is entitled to place such files or other content on the artescommunity.eu website and has the power to grant licenses, approvals and permissions as specified in the Regulations. The consequences of such actions, in particular with respect to any lack of permission or other rights, will be born solely by the user who has acted illegally.
- The user bears full responsibility for the consequences of his/her actions involving the placement of files, comments or other content on the artescommunity.eu, and for the consequences of granting, in accordance with the Regulations, licenses, approvals and permissions by the user, including the exercising of the user’s rights within the limits of those rights. In the event of any claims by anyone against EST for placement by a user of a specific file, comments or other content on artescommunity.eu or for granting, in accordance with the Regulations, licenses, approvals and permissions by the user, or for the exercising by EST of the rights granted by the user within the limits of those rights, the user will be required to satisfy the legitimate claims of EST or another subject, unconditionally, irrevocably and at the first request of EST or another subject. Should EST already have fulfilled such claims, the user will be required to pay any expenses incurred by EST, including the cost of legal assistance. The user obligations specified in this section apply to those situations where claims by a third party are a direct consequence of the actions or lack of actions connected with the placing of certain content on artescommunity.eu.
- The user making use of artescommunity.eu by placing specific files, comments or other content declares that he/she has all the rights connected with these, including property rights, and, in particular, that his/her actions do not in any way infringe the rights of third parties, and that, according to the law, he/she is entitled to such actions, as well as to the granting of the licenses, approvals and permissions specified in the Regulations, and that the exercising of these rights (by EST) in accordance with their scope will not infringe the rights of third parties.
- EST does not receive any remuneration from the user for making use of artescommunity.eu. The user is not entitled to any remuneration for using artescommunity.eu, including for granted licenses, permissions or approvals in accordance with the Regulations. The purpose of EST is to allow access to and use of artescommunity.eu without any fees.
- Users of this service may use artescommunity.eu with or without registering. However, EST offers different functionality artescommunity.eu, depending on whether the user has registered or not.
- Registration takes place automatically, immediately after the user has placed the required data in the registration panel available at http://artescommunity.eu/sign-up/. To have full access to the platform, user must be approved by platform administrator.
- A user with an active account can manage his/her contents (e.g. add, delete, change), or make other changes to his or her account in accordance with the currently available functionality of artescommunity.eu website, by logging into his/her account (username and password required) and making the appropriate changes in the user’s profile.
- A user of artescommunity.eu, by placing files on the website, and despite the subsequent removal of files, modification of files or any changes or comments, and despite the subsequent removal of comments, modification or changes of any comments or other content (files, comments and other content are called works from thereon), forming works within the meaning of the Polish Law on Copyright and Neighboring Rights of 4 February 1994 (consolidated text in Journal of Laws of the Republic of Poland, 2000, No. 80, pos. 904 with later changes) license for the following fields of service provided by established law, and, in particular, the following rights connected with the works in question:
a. the free and unconditional distribution rights, in all forms, including lending, leasing and letting (the whole work or any part), marketing in any form and in any manner (all work or any parts), including ICT systems, through the Internet or in any other way, placing in the computer’s memory (the whole work or any part of it), these rights being unlimited with respect to time or territory; the provisions of this section shall also apply to modified works, including the modified format of saving the work (with EST having the right to make such modifications)
b. the free and unconditional rights of public performance, display, reproduction, registration, broadcasting and re-broadcasting using any medium (including in particular video and/or audio) and the right for another public distribution, these rights being unlimited with respect to time or territory; the provisions of this section shall also apply to modified works, including the modified format of saving the work (EST having the right to make such modifications)
c. the free and unconditional right to publish works on this website and any other service or website, and in any other way of publishing (including, amongst others, television or newspapers) in any form (including, amongst others, in the form of digital and magnetic recording) on any media (including but not limited to optical and magnetic media), this right being unlimited with respect to time or territory; the provisions of this section shall also apply to modified works, including the modified format of saving the works (EST having the right to make such modifications)
d. the free and unconditional right to modify the works, including the computer format of saving the work, this right being unlimited with respect to time or territory; EST has the right to make modifications as it likes, providing the modification is recognized by it as justified by technical or functional issues connected with the website artescommunity.eu, or any other websites, or any other medium
e. the free and unconditional right to edit works, including connecting pieces or parts of them to other works, and dividing the works according to its decision, this right being unlimited with respect to time or territory;
f. the free and unconditional right of permanent or temporary reproduction and saving of these works and their modified versions (all or any part) by any means or techniques,
including in particular the technique of printing, reprography, optical recording, magnetic and magneto-optical recording, digital recording and any other existing and likely to arise in the future means or techniques, or in any form, in particular any kind and format of CD-ROMs, DVDs, optical disks, magneto-optical, magnetic, compact discs and any other existing and likely to arise in the future media, this right being unlimited with respect to time or territory;
g. the free and unconditional right of translation, adaptation, changes, including changes in the system (the whole or any part), this right being unlimited with respect to time or territory;
h. the free and unconditional, royalty-free, unrestricted right to sublicense within the limits of rights of EST specified in the Regulations (within the granted license), this right being unlimited with respect to time or territory;
i. the free and unconditional right for copying (“downloading”) from the website artescommunity.eu (from the servers of EST), audio, video and audio-video files, photo and text files to devices of its users, this right being unlimited with respect to time or territory.
- Licenses specified in the Regulations are acquired by EST when works are placed on the website artescommunity.eu. These licenses are indefinite, which means that they do not expire even when the account of the user is deleted for any reason by anyone (including both EST and the user), or even when files, comments or other content which constitutes works under the Polish Law on Copyright and Neighboring Rights of 4 February 1994 (consolidated text in Journal of Laws of the Republic of Poland, 2000, No. 80, pos. 904 with later changes) are removed for any reason by anyone (including both EST and/or the user). Publication of the files on the artescommunity.eu website does not entail any use of the licenses by EST. EST is not in this case the entity publishing the file, and the only entity responsible for the consequences of such publication is the user.
- A user of the website, by placing the files, comments and other content, permits EST to implement, through EST (without limitation in time, unconditionally, free of charge, without restriction to territory in the fields of exploitation under the Regulations for granted licenses), derivative copyrights to edit files, comments or other content which constitute works under the Polish Law on Copyright and Neighboring Rights of 4 February 1994 (consolidated text in Journal of Laws of the Republic of Poland, 2000, No. 80, pos. 904 with later changes). The provisions of the preceding sentence apply to both existing editing and any that may arise in the future. The provisions concerning the right to implement the derivative copyrights mean that EST has, in particular, the right to use and manage editing as it has decided, in the fields of exploitation under the Regulations for the license. EST also has the right to grant the right to exercise derivative copyrights to other parties. The provisions of this section apply to all files.
- The authorization to implement derivative copyrights as defined in the Regulations is indefinite, which means that it does not expire even when the account is deleted for any reason (whether by EST or by the user), or in the case of removing, for any reason by anyone (including both EST and the user), files, comments or other content which constitute work under the Polish Law on Copyright and Neighboring Rights of 4 February 1994 (consolidated text in Journal of Laws of the Republic of Poland, 2000, No. 80, item. 904 with later changes).
- The user agrees not to implement any copyrights in relation to the files, comments and other content which constitute work under the Polish Law on Copyright and Neighboring Rights of 4 February 1994 (consolidated text in the Journal of Laws of the Republic of Poland 2000, No. 80, 904 with later changes), and, in particular, agrees not to require EST to label copies of works with his/her name, pseudonym or any other indication indicating the user, while EST will ensure that on the artescommunity.eu website the files of the user who has an active account will have the source (will be marked as originating from a particular user by indicating his/her username on the site.)
- A registered user may edit content placed by him/her on the artescommunity.eu website, in accordance with the functionality of the artescommunity.eu website that is applicable in that area.
- In cases of user registration, the given address of the electronic mail (e-mail) is used by EST to:
a. send a link for a password reset (at his request) in case when it’s forgotten,
b. contact the user (on behalf of EST) in matters related to the artescommunity.eu website (in particular, to inform of changes in service, news, etc.)
- A registered user with an account may, at any time subject to the availability of the website, demand to delete his/her account, but in this case, all files placed by the user, if EST decides to leave them on the website, based on the license provided by the user, lose the status derived from the user (are visible on the website as coming from a non-registered user or admin).
- The user of the account is responsible for all activities regarding the use of a password for this account. The user is obliged to keep the password required to log in to his/her account strictly confidential. It is forbidden to share the password for the account with anyone. EST suggests that users select a password that is impossible for other persons, or for computer programs, to guess. If a user registers as an organization, the organization is responsible for identifying the person responsible for all activities connected with the account.
- Sharing data with others that is required in order to use the website, such as the username and password is prohibited.
- Transferring the rights of a user that pertain to their having an account with artescommunity.eu to others, without the written consent of EST, is prohibited (and anything other than written consent is invalid). In particular, transferring the rights to the account to another user or organization is prohibited. The account may only be used by one person or one organization.
- Every user of artescommunity.eu is required to use the website in accordance with the Regulations, the Polish law, rules of social conduct, social norms and “netiquette” rules corresponding to social conventions. The following are prohibited (and therefore constitute violations of the provisions of this section of the Regulations):
a. sending spam to other users, or posting it on the website (including “junk” advertising, advertising posted without the knowledge or consent of EST), or doing the same with content of a promotional or advertising nature (in particular their own or someone else’s advertising of a company, services or products, the inclusion of links to other sites, the inclusion of any materials from the addresses of other parties), where the main purpose of such content is advertising or promotion, not connected with aims and mission of ARTES project,
b. distributing to other users, or post on the website, illegal content, such as violates rules of social intercourse, and/or commonly acceptable moral and social norms (in particular it is prohibited to place on the artescommunity.eu website anything tantamount to incitement to racial, religious or ethnic hatred, or with pornographic content, or content glorifying fascism, communism, Nazism, or content glorifying or promoting violence, or violating religious feelings),
c. impersonating other people,
d. violating the secrecy of correspondence,
e. breaching in any way the intellectual property rights of third parties, including copyrights of third parties (in particular, the user can put only the files for which he/she has the appropriate rights or has obtained permission to publish them on the website artescommunity.eu) and the personal rights of third parties, including the rights to the image, reputation, honor (in particular it is prohibited to disseminate the image of people without proper consent of such persons, if it is required by law),
f. transferring the rights to use the artescommunity.eu website to another person without the written permission of EST,
g. behaving in other ways which are clearly contrary to the existing legal order, principles of social coexistence, social norms or “netiquette” rules corresponding to social conventions, including conduct involving significant, above-average overloading of servers or links of EST, breaking in or attempting to break into the information systems of EST, and breaking in or attempting to break into other users’ accounts.
- Violation of the present Regulations provides a basis for immediately removing or blocking the user’s account along with all contents (if the user is registered). Apart from the above-mentioned action, EST is entitled to undertake further steps, according to the law, including notifying the competent state bodies, established to prevent and prosecute crimes.
- EST declares that it will makes every effort to ensure that artescommunity.eu is available continuously and that its services are at the highest possible level, but, given the nature of the website (free of charge), EST:
a. does not exclude the possibility of a temporary suspension of the availability of the artescommunity.eu website, in the event of repairs or maintenance of systems that support this website, and in the event of a need for them to be modernized or expanded;
b. reserves the right to remove, unconditionally, some or all of the files shared by any user of the artescommunity.eu site, and comments or other content placed by any user in cases of violations of generally applicable laws, User Regulations, “netiquette” rules of social coexistence; the provisions of this subsection shall apply to the user’s account.
- EST declares that the artescommunity.eu site does not provide users with archiving services; nor does it store the files shared by users on the artescommunity.eu site; it therefore suggests that files that are of any importance or value to the user be stored in a safe place, regardless of their inclusion on the artescommunity.eu website.
- Where it is possible to foresee the interruption or temporary suspension of the availability of artescommunity.eu, EST, wherever possible and reasonable, will notify users in advance, by sending an email to the user’s email (provided during registration or amended after registration) and by placing the relevant information on the site (http://artescommunity.eu/).
- EST declares that it makes every effort to ensure that website users do not receive any spam or other unwanted information sent to them without their knowledge or consent by other users of the site using the tools made available to communicate with other users. Any such incident should be reported to the firstname.lastname@example.org
- Users of artescommunity.eu should report to EST any knowledge concerning infringements of law, User Regulations, breaches of good manners or of other norms of social intercourse, etc. EST provides users with an e-mail address for reporting illegal activities or other activities contrary to the Regulations, which is – email@example.com
- EST declares that the measures used for the protection of the artescommunity.eu website do not guarantee security of information transmission. At the same time EST declares that it strives to provide the users with a high level of security in terms of using artescommunity.eu. All events affecting the security of information transmission, including suspicions about shared files that are thought to contain viruses, and about other files of a similar nature or with similar content, should be reported to firstname.lastname@example.org. EST recommends the use of current antivirus software or other software that will protect the user when they use the Internet, including when they are on the artescommunity.eu website. For more information on Internet safety, EST recommends that users approach the providers of such services. EST is absolved, to the fullest extent permitted by applicable law, from any liability for damages incurred by users when using the artescommunity.eu service.
- Regardless of the Regulations for deleting files, accounts, comments and other content, EST may delete user accounts which have not been logged into for 90 consecutive days.
- Regardless of the Rules for deleting files, accounts, comments and other content, EST may delete files if, over the course of 90 consecutive days, no references to these files have been made (or no viewing of them has occurred).
- Regardless of the Regulations for deleting files, accounts, comments and other content, EST will delete user accounts if the account name (login) is contrary to law, morality, rules of social intercourse or the Regulations.
- Notwithstanding any other provision of the Regulations of exemption of EST explicitly allowing EST specific actions, as a consequence of which EST is exempt from liability for such activities, EST is absolved of liability to the fullest extent permitted by applicable law:
a. for how the artescommunity.eu website is used by users, and any damages resulting from this,
b. for the content posted by users on the artescommunity.eu site, including in particular files, comments and statements to files and damages resulting from them,
c. for any infringement by users of third party rights, through the use of the artescommunity.eu website, including, in particular, violations of personal rights or copyrights of third parties,
d. for events arising from the user’s account data becoming available to a third party, either as a consequence of the user’s actions or as a result of a third party entering into possession of such data without the knowledge of the user, or for reasons independent of EST,
e. for the removal at any time of any user’s account or any file, comment or other content for the reasons set out in the Regulations.
f. Taking into account the free nature of the website artescommunity.eu, with respect to all the free services available on this website, EST is absolved of liability for any lack of service or malfunction of the artescommunity.eu site, to the fullest extent permitted by the applicable law; EST declares that it will endeavor to ensure that periods of non- or faulty operation of the artescommunity.eu service either do not occur or are limited to the minimum necessary.
g. for the loss of any data posted by users of the artescommunity.eu site.
- Comments and concerns regarding the artescommunity.eu website should be reported to email@example.com.
- EST declares that all files, comments and other content posted on this site are recorded by EST, including the IP address from which the posting occurred. EST declares that, when asked to do so by the appropriate authorized state bodies established for the detection, prevention or prosecution of crime, it will provide such bodies with the relevant information related to the functioning artescommunity.eu site, including data concerning the IP of the user who placed the given content or used the site in other ways; EST will act in this area only in accordance with the relevant legislation obliging EST to forward such data.
- The Regulations come into force on 9 April 2014. The Regulations are available at http://artescommunity.eu/platform-policy/.
- EST reserves the right to change the Regulations. In the event of changes to the Regulations, EST will inform users of any modifications made by presenting a unified text of the amended Regulations on the site next to the text of the current Regulations, together with information about the changes being made. Changes in the Regulations will come into force no sooner than 14 days from the date of the notification of the changes, as described in the previous sentence. Use of the artescommunity.eu website after that date will be tantamount to an acceptance of the new Regulations.