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TERMS OF SERVICE

§1

About the website

1. Fototeka FINA is a photo website which specialises in presenting and making available film stills from the collection of Filmoteka Narodowa – Instytut Audiowizualny that are thematically related to the history of Polish film.

2. The website is intended for press, book, and multimedia publishers, film producers, institutions, companies, and private individuals.


§ 2
Registration

1. It is not required to register to be able to browse photographs published on the website. Photographs available on the Fototeka FINA website are always subject to copyright protection.

2. In order to use the commercial section of the website it is required to register by filling in an appropriate form and accepting terms and conditions stipulated in these Terms of Use. In the registration form, you should provide data enabling identification of an entity (natural person, legal entity, or entity having no legal personality) that intends to use the website (the User). A person sending a registration form for private individuals confirms that he/she is of legal age. As soon as we receive a correctly completed form, our employee will contact you to determine cooperation terms and conditions and to give you your user name and password.

3. Fototeka FINA reserves its right to reject a registration application or to ban the access to the commercial service to secure it against illegal use.

4. Any questions related to registration shall be sent to: foto@fina.gov.pl


§ 3
Terms and conditions of purchasing and using photographs

1. Making an order, the User is obliged to indicate intended use of materials and its scope (area of use). Due to the fact that prices for making materials available depend on the above variables and the character of a photograph (standard/unique), you are advised to use the /ask for quotation/ option available in the Basket.

2. All photo descriptions include information on relevant copyright owners. The User purchasing a photo is obliged to obtain rights or permissions required by the Act of 4 February 1994 on copyright and related rights (consolidated text, Journal of Laws of 2006, no. 90, item 631, as amended), including images of people pictured in photographs, for the purposes indicated in the order placed. Fototeka FINA starts to fulfill the order no sooner than the user obtains permission to use the material from the copyright owner or person entitled to the material under the license.


3. Any use of downloaded photographs and images prior to obtaining the rights and permissions cannot exceed the fair use of protected works and the right to use image defined in Section 3 Fair use of protected works and Article 81 of the Act of 4 February 1994 on copyright and related rights (Journal of Law of 2006, no. 90, item 631 as amended).

 

4. In the case of using photographs and images in a way violating the law, the person downloading or using the photographs is exclusively and solely liable for their illegal use and is obliged to make good any claims submitted by entitled persons as well as to assume liability in the case of claims filed against Filmoteka Narodowa – Instytut Audiowizualny in relation to the said illegal use.

5. In the case of any doubts regarding possible use of the website, the User shall contact the website service for more information before placing an order.

6. The User receives photographs ordered by mail or, having received relevant information, downloads them from the server of Filmoteka Narodowa – Instytut Audiowizualny.

7. Filmoteka Narodowa – Instytut Audiowizualny is entitled to require the User to make payment before it makes materials available.

8. Fototeka FINA makes photographs available for one-off use (publication) with no right to archive or to transfer them to third parties. When published, photographs shall be described in the following way: author/copyright owner/Filmoteka Narodowa – Instytut Audiowizualny; in the case when the name of a photographer has not been indicated in a photo’s description, the User is obliged to place the following information: copyright owner/Filmoteka Narodowa – Instytut Audiowizualny.

9. Photographs made available cannot be used in a way violating the law, good practices or principles of social coexistence, and particularly personal rights of persons in the photo. Photographs published on the Fototeka FINA website cannot be used in a negative context. The use of photographs published on the website for the purposes of photomontages is subject to FINA’s consent.

10. Orders containing wrong customer data or incorrectly completed are not processed.


§ 4
Privacy policy

1. Any data obtained by Filmoteka Narodowa – Instytut Audiowizualny in relation to processing orders and providing services to the Users of the Fototeka FINA website are not made available to third parties.

2. Filmoteka Narodowa – Instytut Audiowizualny guarantees due protection of Users’ data provided in the course of the registration process for companies and natural persons and stored on the Fototeka FINA website. Data provided in registration forms is used by Filmoteka Narodowa – Instytut Audiowizualny for necessary contacts with Users and proper processing of orders placed and is processed in compliance with the provisions of the Personal Data Protection Act of 29 August 1997 (consolidated text Journal of Laws of 2002, no. 101, item 926, as amended).

3. A registered User of the website is entitled to access, change, and delete their personal data. He/she is obliged to immediately inform the Fototeka FINA staff about any change to their data (e-mail: foto@fina.gov.pl).

 
§ 5
Final provisions

1. The authors of the website pay utmost attention to make photo descriptions reliable and complete and to meet expectations of our Users as regards the use of the website. However, there may be unintended mistakes or gaps in photo descriptions for which Filmoteka Narodowa – Instytut Audiowizualny is not liable.

2. Any comments or questions related to the use of photographs presented on the website shall be sent to Fototeka FINA to: foto@fina.gov.pl or tel.: +48 22 182 48 76, while comments to descriptions (remarks, suggestions of additional information, sent when the full size of a photo is enabled) shall be sent to: fototeka@fina.gov.pl

3. Filmoteka Narodowa reserves its right to modify these Terms of Service; the User is bound by a version being in force at the time when they use the Fototeka FINA’s website.