REGULATIONS

With the commencement of the use of the www.maszynakoncertowa.art Platform, each user is obliged to comply with the provisions of these Regulations.

I. DEFINITIONS

The expressions in capital letters in these Rules of Procedure shall have the following meaning:

• Regulation - these rules and regulations of the www.maszynakoncertowa.art Platform and any updates and amendments thereto.
  
• Platform - Internet platform www.maszynakoncertowa.pl, whose publisher is Administrator.
  
• Administrator - the entity running and managing the Platform, which is the foundation: an_ARCHE NewMusicFoundation, ul. Gladiolowa, 60-175 Poznań, Poland, NIP 781 181 51 59, KRS: 0000300954, contact details: info@maszynakoncertowa.art, telephone +48 506050417.
  
• Concert machine or Machine - a virtual application, which is an element of the Platform, enabling registered and logged-in Users to create and publish their own Telematic Works.
  
• Registration - entering into the Administrator's ICT system the data specified in the application form (e-mail address and user name) necessary to use the Platform, as a result of which the User is created an Account.
  
• Account - Internet space available after logging in, through which the Creator can use the full functionality of the Platform (creation of author's works and organization of their presentation), enter and manage data. Having an Account is necessary to use the Platform in its full scope.
  
• Content - content published by the User on the Platform, which may constitute a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2019, item 1231, as amended).
  
• User - an individual using the full functionality of the Platform, who has registered and created an Account.
  

II. PLATFORM RULES OF USE

1. The use of the Platform is free of charge and is intended for all artistic (musical arts, performing arts, inter/multimedia arts, theatre arts, literary arts) and educational activities.
2. The use of the Platform is allowed only for non-commercial purposes, i.e. not related to the achievement of financial benefits or business activity, in particular for educational and artistic purposes. In case of using the service for commercial purposes, prior contact with the Administrator is required (info@maszynakoncertowa.art).
3. Viewing the content of the Platform is open to all Internet users.
4. Using the virtual concert machine application requires registration, creating an Account and is only possible for logged-in Users.
5. Only the User has access to unpublished content (archive, announcement, unpublished works). Published content is available to all Internet users.
6. The content made available by the User is the result of his/her creative activity. The User grants the Administrator, free of charge, a non-exclusive licence to the published Content in the following fields of exploitation: within the scope of recording and multiplying the Work - production by any technique, including printing, reprography, magnetic recording and digital technology, all distribution, including entering the Work's records into the memory of computers and servers of computer networks, including those generally accessible such as the Internet, and making them available to the users of such networks, as well as transferring or transferring the Work's records between computers, servers and users (users), other recipients, by any means and techniques, to make the Work available to the public, free of charge, including during a presentation and in such a way that it can be accessed by anyone at a place and time of their choice, including telecommunications and computer networks or in connection with the provision of telecommunications services, including, for that purpose, interactive services.
7. The User who posts content on the Platform does so at his or her own risk.
8. When making the Content available on the Platform, the User is obliged to comply with the laws generally applicable on the territory of the Republic of Poland, respect good manners, personal rights and the rights and interests of third parties, in particular copyright. In the event of publication of content which violates the above assumptions, the Administrator reserves the right to remove the indicated content without prior notice, and in further consequence also to delete the User Account.
9. The User may propagate his own copyrighted Content in any way without contacting the Administrator (except for commercial activities described in point II.2.).
10. The Administrator reserves the right to use the posted Content for marketing, promotional and educational purposes.
11. The Platform may be used by persons over 14 years of age. A person without full legal capacity may only become a User of the Platform with the consent of a parent or legal guardian.

III. ADMINISTRATOR LIABILITY

1. The Administrator makes every effort to use the Platform in accordance with the Rules. The Administrator shall not be liable for incorrect operation of the Platform for reasons beyond his control.
2. The Administrator reserves the right to technical interruptions in the functioning of the Platform and to temporarily shut down the Platform in order to repair, expand, modify or maintain the hardware or software without prior notice to registered users. The Administrator shall not be liable for the above.
3. The Administrator shall not be liable for the loss or possession of the User's login and/or password by third parties (regardless of the method of possession).
4. The Administrator shall not be liable for the use of the Platform by registered Users in a manner inconsistent with the provisions of these Rules.
5. The Administrator is not liable for any loss of User content resulting from reasons beyond his control.

IV. PERSONAL DATA PROTECTION

1. The Administrator of the Personal Data provided by the User is the Administrator: an_ARCHE NewMusicFoundation. ul Gladiolowa 26, 60-175 Poznań, Poland
2. The Administrator can be contacted:
   1. electronically via e-mail: info@maszynakoncertowa.art,
   2. in writing to: an_ARCHE NewMusicFoundation. ul. Gladiolowa 26, 60-175 Poznań, Poland,
   3. telephone: +48506050417.
3. The User's personal data provided during Registration will be processed by the Administrator for the purpose of Registration and use of the Account and the User's use of the functionalities made available within the Platform (legal basis: Article 6(1)(b) of the GDPR). Upon cancellation of the use of the Platform, the User's data will be processed only for the Administrator's legitimate legal interest, i.e. possible assertion or protection against claims (Article 6(1)(f) of the GDPR).
4. The Administrator will process the User's personal data provided by him/her at registration for the period necessary to fulfil the purposes for which they were collected (i.e. for the period of the User's use of the Platform) and for the period during which it will be possible to assert claims, including to secure possible claims for 6 years.
5. The User's personal data may be made available by the Administrator:
   1. The data processing entities processing data on behalf of the Administrator on the basis of concluded entrustment agreements - IT service providers such as hosting and IT system providers.
   2. other entities which will act as controllers of such data, deciding on the manner and purposes of processing - only if the obligation to make the data available in this way results from the provisions of law.
6. The Administrator also informs that the User has:
   1. the right to access the content of one's personal data and to obtain information about, among other things, the categories of data and the purposes of their processing, as well as to obtain a copy of the data (Article 15 of the GDPR);
   2. the right to rectify inaccurate data and complete missing data (Article 16 of the GDPR);
   3. the right to be forgotten, i.e., to erasure of data processed unjustifiably and unlawfully (Article 17 of the GDPR);
   4. the right to restrict data processing, i.e. to stop data operations or not to delete data, as requested (Article 18 of the GDPR);
   5. the right for the controller to notify the rectification or erasure of personal data or the restriction of the processing of recipients of the data (Article 19 of the GDPR);
   6. the right to transfer data processed by automated means (Article 20 of the GDPR), which means that you have the right to request that your personal data be sent by us directly to another controller, if technically possible;
   7. the right to lodge a complaint with the President of the Personal Data Protection Office if the User considers that the processing of his/her personal data is done in violation of the personal data protection act (postal address of the President of the Personal Data Protection Office, Stawki 2, 00-193 Warsaw, Poland).

Ending provisions

1. The Regulations are governed by Polish law. In matters not regulated by the Regulations, the generally applicable provisions of law shall apply.
2. The Rules may be amended by the Administrator. Any amendment to the Terms and Conditions shall apply to Agreements concluded after the amended Terms and Conditions have been published by posting them on www.maszynakoncertowa.art.
3. The User has the opportunity to read the current Terms and Conditions on the www.maszynakoncertowa.art website. Rules not covered by the Terms and Conditions, concerning the privacy policy, are subject to the Platform's Privacy Policy