Terms and Conditions

§ 1
Definitions

1. Website – the website located under the domain of timelessfilmfestival.pl, to which the Service Provider holds exclusive rights;
2. Service Provider – American Dream Foundation, headquartered in Warsaw at al. Wojska Polskiego 41/43, 01-503 Warsaw, 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: 0000476492, NIP: 5252564816, Regon: 146871859;
3. User – a natural person, legal person or unincorporated organizational entity possessing legal capacity that uses the Website;
4. Services – services provided online by the Service Provider through the Website;
5. 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;
6. 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 (Accreditations);
7. 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;
8. Terms and Conditions – the terms and conditions set out herewith.

§ 2
General Provisions

1. The Terms and Conditions establish the regulations for:
   1. 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,
   2. the processing by the Service Provider to personal data disclosed by Users who are natural persons.
2. The Service Provider provides the following specific Services:
   1.  the viewing and reading by Users of materials contained in the Website,
   2. the maintenance of User accounts within the Website,
   3. a newsletter,
   4. the conclusion of remote purchase agreements for Passes and Tickets,
3. 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.
4. The provisions of the Terms and Conditions establish that access to the Website is open to anyone with access to an Internet network.
5. Before using the Website, the User is required to read the Terms and Conditions. Creating an account within the Website and signing up for the newsletter service using the form provided for this purpose, which is available to all Users on the Website, requires the User’s prior consent to the provisions set out in the Terms and Conditions.
6. The User shall comply with the provisions of the Terms and Conditions upon beginning use of the Website.
7. 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.

§ 3
Technical Requirements of Service Use

1. In order to make adequate and full use of the Services, Users should dispose of:
   1. a device providing access to the Internet;
   2. the current version of the selected browser (Chrome, Firefox, Edge, or other software with similar functionality).
2. The use of applications available within the Website may require the User to enable Java Script, PHP functions and acceptance of cookies.

§ 4
Service Agreement

1. The use of the Service of viewing and reading by Users of materials contained in the Website shall enter into force at the moment that the User begins using the Website. The conclusion of an agreement for the provision of the newsletter Service shall enter into force in accordance with the terms set out in § 5(1) of the Terms and Conditions.
2. 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.
3. 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.

§ 5
Newsletter Service

1. The User may subscribe to the newsletter through the form provided on the Website, which is available to all Users, or upon the creation of a user account within the Website or within their profile on the Website. In the event the newsletter service is subscribed to through the form provided on the Website, which is available to all Users, an agreement on provision of the newsletter Service shall enter into force at the moment that the User’s e-mail address is entered in the above-mentioned form and the button “Subscibe” is pressed following prior consent to the Terms and Conditions, and, in other cases, after the User expresses their desire to receive the newsletter by selecting the appropriate box, which is available upon the creation of an account within the Website or in their profile on the Website.
2. 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

§ 6
Liability

1. 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 and sales agreements within the Store.
2. 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.
3. Users are forbidden from uploading illegal content to the Website.

§ 7
Service Agreement Termination

1. 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.
2. 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 in their profile on the Website or by clicking a link titled “unsubscribe” or a similar link placed by the Service Provider at the end of every message sent to the User as part of the Newsletter service.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.

§ 8
Claims and Requests

1. 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 or by e-mail to serwis@timelessfilmfestival.pl.
   Claims and/or requests shall include the User’s name, surname, mailing address, and email address.
2. The Service Provider shall review claims and/or requests within 30 days of receipt of the registered letter 14 days from the date of receipt of the email..
3. The Service Provider shall refer to the Terms and Conditions set out herewith in reviewing all claims and/or requests.
4. 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.

§ 9
Processing of Personal Data

1. The administrator of personal data provided by the User in connection with the use of the Services is the Service Provider.
2. Among the User’s personal data that the Service Provider may process with respect to the User’s use of the Website are the following:
   1. surname and first name;
   2. login;
   3. residential or mailing address;
   4. delivery address;
   5. e-mail address;
   6. phone number;
   7. image;
   8. voucher number;
   9. company name;
   10. company tax identification number (NIP);
   11. address of the principal place of business;
   12. order number;
   13. Pass/ticket/accreditation number.
3. Data provided by the User in connection with the use of the Services are processed:
   1. pursuant to Art. 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC for the purpose of the conclusion and performance of a Service Agreement, an agreement for the purchase of a Pass and/or Ticket, a sales agreement within the Store or any other agreement that the User may conclude with the Service Provider on the Website and the subject matter of which is not the provision of electronic services;
   2. in the event of a complaint by the User regarding a Service Agreement pursuant to Art. 6(1)(f) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, for the purpose of considering a complaint that has been submitted, as well as for informing the User about the result of the consideration of their complaint;
   3. in the event of a complaint by the User regarding an agreement whose subject matter is not the provision of electronic services, pursuant to Art. 6(1)(c) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, for the purpose of considering a complaint that has been submitted, as well as for informing the User about the results of the consideration of their complaint;
   4. in the case of questions, opinions and requests on the part of the User regarding the operation of the Website and other such statements made to the Service Provider in electronic form, pursuant to Art. 6(1)(f) of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, for the purposes of considering and providing responses to questions, opinions, suggestions and statements received from the User referred to above, constituting legitimate legal interests pursued by the Service Provider;
   5. in the event that the Service Provider becomes aware that a User has used the Services in a manner that is in breach of the law or the Terms and Conditions, pursuant to Art. 6(1)(f) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, for the purpose, and to the extent necessary, of determining the User’s liability, constituting legitimate legal interests pursued by the Service Provider;
   6. pursuant to Art. 6(1)(f) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, for the purpose of the performance of an agreement for the purchase of a voucher for a Pass and for enabling the use of said Pass by the person using the voucher, constituting legitimate legal interests pursued by the Service Provider.
4. The personal data provided by the User is entrusted for further processing by entities cooperating with the Service Provider, in particular entities providing hosting, IT, payment, financial and accounting, printing or legal services, among others.
5. The personal data provided by the User shall be stored:
   1. in the event of data processed in connection with the conclusion of a Service Agreement between the User and the Service Provider, for a period of three years after the provision of Services;
   2. in the event of data processed in connection with the conclusion of an agreement between the User and the Service Provider whose subject matter is not the provision of electronic services, for a period of five years from the beginning of the year following the fiscal year in which operations and transactions related to the agreement concluded between the User and the Service Provider are finalized, paid off, settled or expired;
   3. in the event of a complaint by the User, as indicated in the paragraph 3(b) and (c) above, for a period of one year after the date of settlement of the complaint or the expiry of the warranty;
   4. in the event of data processed for the purpose indicated in paragraph 3(d) above, for a period of one year after the deadline for replying to questions, opinions, suggestions and statements received from the User referred to in paragraph 3(d) above;
   5. in the event of data processed for the purpose indicated in paragraph 3(e) above, until the expiry of penalties and/or legal claims regarding the use by the User of the Services in a manner that is in breach of the law or the Terms and Conditions as determined in accordance with the applicable legal provisions on the territory of Poland;
   6. in the event of data processed for the purpose indicated in paragraph 3(f) above, for a period of five years from the beginning of the year following the fiscal year in which operations and transactions related to an agreement for the purchase of a voucher for a Pass are finalized, paid off, settled or expired.
6. The User has the right to request from the Service Provider access to the User’s personal data and to modify, delete or limit the processing thereof.
7. With regard to the User’s personal data that is processed for the purpose indicated in paragraph 3(a) above, the User has the right to transfer said data.
8. With regard to the User’s personal data processed for the purposes indicated in paragraph 3(b), (d), (e) and (f) above, the User has the right to object, for reasons related to the User’s specific situation, to data processing by the Service Provider.
9. The User has the right to lodge a complaint with the supervisory body, i.e., the President of the Office for Personal Data Protection, in relation to the processing of the User’s personal data by the Service Provider.
10. The provision by the User of the personal data indicated in the registration/order forms made available by the Service Provider on the Website is a condition for the conclusion and/or performance of the agreement to which said form applies. The User is not obliged to provide the personal data indicated in the forms referred to above. Nevertheless, we would like to point out that the User’s failure to provide the personal data referred to above may prevent the conclusion and/or performance of the agreement to which the form applies (i.e., the Service Agreement/agreement for the purchase of a Pass and/or Ticket/a sales agreement within the Store or any other agreement that the User may conclude with the Service Provider on the Website, and the subject matter of which is not the provision of electronic services). In addition, the provision by the User of personal data in a complaint or questions, opinions, suggestions or statements submitted by the User, as referred to above, is voluntary but necessary for the consideration thereof and to inform the User about the results of the consideration thereof.
11. The Service Provider, as the data controller, ensures the security of the personal data disclosed by Users by using appropriate technical and organizational measures that are suitable in terms of the risk of infringing the rights or freedoms of Users.
12. The Service Provider may also process the following data describing the means by which the User uses the Services (operating data):
    1. indications identifying the User based on the data referred to in paragraph 2 above;
    2. indications identifying the termination of the telecommunications network or IT system used by the User;
    3. information about the start, completion and scope of every use of the Services;
    4. information on the use of the Services by the User.

§ 10
Final Provisions

1. 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: serwis@timelessfilmfestival.pl
2. The Terms and Conditions enter into force as of 28 February 2024.