TERMS OF SERVICE
§1
General Provisions:
1.1. During the online edition of the 19th Millennium Docs Against Gravity Festival (hereinafter referred to as “The Festival”), which will be held between May 23 and June 4, 2023 at www.mdag.pl, Against Gravity (ul.Bukowińska 26C/12, 02-703 Warsaw, Poland, KRS 0000199919, NIP: 526-27-57-178 (hereinafter referred to as “The Organizer”) will be selling e-tickets (hereinafter referred to as “E-tickets”) and E-passes (hereinafter referred to as “E-Passes”) providing access to the service of streaming Festival films from the Festival online at Mdag.pl (hereinafter referred to as “the Service”).
1.2. Purchase of an E-ticket or an E-Pass is tantamount to users’ consent to the terms and condition of the present document.
1.3. Only registered users may purchase E-tickets and E-Passes. Users can sign into their accounts through My Festival subpage.
1.4. An E-ticket grants the user access to the film for 24 hours after purchase. Users with purchased tickets will have 6 hours to watch the film they purchased access to, calculated from the time they hit the “Play” button on the pop-up screen on the film’s Festival subpage or by clicking “Watch” and “Play” buttons associated with the film in the “My Festival” section.
1.5. An E-Pass grants streaming access to films between May 23 and 11:59 PM on June 4, 2023. After clicking “Play” and “Watch with your e-pass”, users will have 6 hours to watch the selected film.
1.6. E-tickets and E-Passes will be available for purchase and use online at Mdag.pl throughout the duration of the festival, that is between May 23 and June 4, 2023. However, some films may be available for shorter periods of time. In such cases, relevant information is included on Festival subpages of the films in question.
1.7. E-tickets and the streaming functionality for E-passes may be subject to availability, which is noted on Festival subpages of the films in question. Once the amount of E-tickets for the given film is used up, it will no longer be available for streaming.
§ 2
Detailed provisions:
2.1. E-tickets
2.1.1. In order to buy an E-ticket through Mdag.pl platform, the following conditions must be met:
2.1.1.1. Users must select a particular film online at Mdag.pl
2.1.1.2. Users must create an account and sign into the My Festival section.
2.1.1.3. Users must pay for the E-ticket using an online payment method. An E-ticket costs 11 PLN.
2.1.1.4. Users must receive payment confirmation sent to the email address they provided.
2.2. The purchased E-ticket grants users access to the selected film for 24 hours after purchase. Ticket-holders will have 6 hours to watch the film they purchased access to, calculated from the time they hit the “Play” button on the pop-up screen on the film’s Festival subpage or from the time the clicked “Watch” and “Play” buttons associated with the given film in the “My Festival” section.
2.2. E-passes
2.2.1. In order to purchase an E-pass through Mdag.pl, users must meet the following conditions:
2.2.1.1. Users must select the kind of E-pass they wish to purchase: a) one granting streaming access to 5 films for 47 PLN, b) one granting streaming access to 10 films for 87 PLN, c) one granting streaming access to 14 films for 108 PLN.
2.2.1.2. Users must create an account and sign into the My Festival section.
2.2.1.3. Users must pay for the selected E-pass using online payment.
2.2.1.4. Users must receive payment confirmation sent to the email address they provided.
2.2.1.5. Users with purchased E-passes are able to stream films using the E-pass by clicking the “Watch with your e-pass” button next to films added to the “To Watch” list in the My Festival section.
2.2.1.6 Users may only possess one active E-pass at a time. Once an E-pass is used up, users have the option to buy a new one.
2.2.1.7. Users are not able to purchase singe E-tickets granting access to a particular film if they still have an active E-pass associated with their account. E-tickets will only be available for purchase after the number of films available through the E-pass has been exhausted.
2.2.1.8. In order to purchase an E-pass, users must consent to having their data processed by Against Gravity LLC headquartered in Warsaw, Poland on ul. Bukowińska 26C/12, 02-703 Warszawa for the purposes of obtaining an E-pass in accordance with Regulation 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 (General Data Protection Regulation). Such consent is voluntary but necessary to obtain an E-pass.
2.2.2 A E-pass enables users to either a) stream 5 films if they purchased an E-pass for 47 PLN; b) stream 10 films if they purchased an E-pass for 87 PLN; c) stream 14 films if they purchased an E-pass for 108 PLN.
2.2.3. An E-pass allows users to stream films from May 23 until 11:59 PM on June 4, 2023.
2.2.4. Users will have 6 hours to stream a film after clicking the “Watch with your e-pass” button next to its Festival subpage and/or clicking the “Watch with your e-pass” button on the user-created “To Watch” list in the My Festival section.
2.3. The Festival bears no responsibility for any wrong or false information provided by the users in the online order form nor for the users’ not having read the present terms and conditions.
2.4. Placing an online order is tantamount to commiting to pay for it by the users.
2.5. Lack of payment confirmation for the online order from the user’s bank within 5 minutes of the order’s placement will automatically cancel the online order altogether. Any payments put on hold on the user’s bank account will remain with the payment service provider.
2.6. The Festival bears no responsibility for any consequences stemming from malfunctions within the payment system.
2.7. Upon users’ request, the Festival can issue VAT invoices for placed orders.
2.7.1. E-ticket VAT invoice requests should be filed electronically by e-mail to kontakt@againstgravity.pl no later than 3 months after the month in which the Service was provided. VAT invoices will be issued and distributed in electronic form. To receive a VAT invoice, users must provide their first and last name as well as an address. Entrepreneurs should also include their company’s name and a NIP number.
2.7.2. E-pass VAT invoice requests should be filed electronically using a form available at Buy access upon selection of pass type (i.e. for 5, 10 or 14 films). VAT invoices will be issued and distributed in electronic form. To receive a VAT invoice, users must provide their first and last name and address. Entrepreneurs should also include their company’s name and a NIP number.
2.8. Accessing Festival films online
2.8.1. Films are made available through Mdag.pl platform.
2.8.2. Films available through Mdag.pl platform can be streamed for the duration of the online Festival, i.e. between 23.05-04.06.2023.
2.8.3. Films available through Mdag.pl platform will only be available for streaming in Poland. Users must have Polish IP addresses. Users are obliged not to use nor attempt to use the Mdag.pl platform outside the Polish territory.
2.8.4. Users may only stream contents made available through Mdag.pl platform on one device at a time.
2.8.5. In order to use Mdag.pl platform, user devices must fullfil the following technical criteria and have internet access with minimum parameters as specified below:
2.8.5.1. compatible web browsers: Chrome, Safari version 13 or higher, Firefox, Microsoft Edge;
2.8.5.2. Films are played in HD quality adjusted to connection speed at the time of streaming, with highest resolution at 1080p, and lowest resolution at 540p.
2.8.5.3. The required minimum connection speed is 2 Mbps, but the Service provider recommends a speed of over 10 Mbps.
2.8.5.4. Users are able to stream films using Chromecast devices.
2.8.6. Streaming quality may depend on technical parameters related to the internet connection or the technical parameters related to the devices used by users to access Festival films.
2.8.7. The Festival bears no responsibility for neither complete lack of nor interrupted streaming access to the films resulting from circumstances beyond its scope of influence, or from technical shortcomings related to the users’ internet connection or the kind of device used.
2.8.8. Films streamed during the Festival online at Mdag.pl can be paused or scrolled through.
2.8.9. Upon playing the film, users have the option to choose between Polish and English subtitles with the stipulation that some films may have subtitles that are embedded. Some of the films made available through the platform offer closed captions; in such cases, the films’ Festival sites will contain this information. Films for children from the OKI DOKI section are available on the platform with a voiceover translation.
2.8.10. Festival content made available through Mdag.pl is subject to copyright owned either by the festival or other parties, from whom a license required by law was purchased by the Festival. It is not permitted to download, send, copy, reproduce, broadcast, publish, modify, rent, lease, sell nor create derivative works from any content made available online at Mdag.pl. Any uses other than those specified by the present document or permitted by law are also prohibited.
2.8.11. The Festival bears no responsibility for the functioning of the users’ internet connection nor for the functioning of users’ streaming devices.
2.9. Contract rescission
2.9.1. This Service Agreement may be entered into with the use of means of remote communication, including electronically.
2.9.2. The right to cancel does not apply in the cases outlined in Art. 38 of the May 30, 2014 Law on consumer rights, including in the case of commencing the Service with the User’s unambiguous consent before the end of the cancellation period and after the User had been notified about waiving their right to cancel the Agreement.
2.9.3. As this Service is performed “on demand”, in the case of Agreements entered into remotely or outside of the company headquarters, Against Gravity provides the Service after receiving the Customer’s unambiguous consent to commence providing the Service before the end of the cancellation period. A statement including the said consent is included with the Order and confirmed by the User.
2.9.4. Additionally, Against Gravity affirms that in accordance with Article 38 par. 13 of the May 30, 2014 Act on consumer rights, the right to cancel a remote agreement on the delivery of digital content (films) on the Platform does not apply to Purchasers/Consumers entering into an agreement on the service of delivery of digital content not encoded on a tangible medium, as long as the service had commenced with the Consumer’s unambiguous consent before the end of the 14-day cancellation period and after the User had been notified by the Service Provider about waiving their right to cancel the agreement.
2.9.5. By commencing to use the service and purchasing a ticket online the User consents to the commencement of the service, therefore attesting that they do not have the right to withdraw from the contract. In addition, regardless of the above, by activating a ticket/pass the User consents to the commencement of the service, therefore forfeiting the right to withdraw from the contract.
2.9.6. Pursuant to Art. 38, Act 1, Point 12 of the May 30, 2014 Act on consumer rights, the right to withdraw from an off-premises or distance contract does not apply to consumers in case of contracts for accommodation services other than for residential purposes, transportation of goods, car rental, gastronomic services, leisure services, or entertainment, sport or cultural events, if the contract specifies a day or a period of provision of the service; therefore in accordance with this Act the User does not have the right to withdraw from the contract due to the fact that it involves entertainment services and the service commences at the moment of purchase of a pass/ticket or activation of the account or ticket/pass.
2.9.7. In addition, Against Gravity affirms that the User has the right to withdraw from an off-premises or distance contract in accordance with Article 27 of the Act on consumer rights, except for the points listed above; the User may withdraw from the contract without giving any reason within 14 days of entering the contract defined in § 1 Point 1 of these Terms and Conditions, or at the moment of receiving access to the Catalog or directly to the Products available through this Service. In case of withdrawal from the contract, the contract is considered null and void.
2.9.8. In order to make use of their right to cancel the agreement, the User should: in the case of a Service provided free of charge, the User should close the Page; in the case of a paid Service, the User should send an unambiguous cancellation notice to Against Gravity, ul. Bukowińska 26C / 12, 02-703 Warszawa, labeled as “mdag.pl online”, or electronically to kontakt@againstgravity.pl ; an example of a cancellation notice is provided below: “I hereby announce my cancellation of the agreement on digital content delivery via vod.mdag.pl Agreement date: Name of the Consumer: Address of the Consumer: Date: E-mail used to authorize or register on the Platform / Signature if the cancellation notice is sent by post”.
2.9.9. In order to cancel the Agreement, the User should send the cancellation notice within 14 days of entering into the agreement. Upon receiving the cancellation notice, Against Gravity will promptly confirm the receipt of the notice via e-mail to the address used in the process of user registration or authorization.
2.9.10. Consequences of cancellation: upon canceling this agreement the User will be promptly refunded the cost of the purchase, no later than 14 days after the Service Provider had been notified about the cancellation.
2.10. Claims and complaints
2.10.1. Complaints related to access to the service provided, the platform’s functionalities or the service itself need to be submitted by email to: kontakt@againstgravity.pl. Claims should include the users’ contact details and a detailed description of the reason for the complaint.
2.10.2. The Festival’s organizer will consider the claims lodged and inform the users who submitted them about their decision within 14 days of receipt of the claim by email. The organizer will contact users by email using the contact information provided in the claim submissions.
2.10.3. Any claims regarding electronic payments should be lodged with the payment service provider.
§ 3
Personal data protection
3.1. Against Gravity, headquartered in Warsaw, Poland on ul. Bukowińska 26C/12, 02-703 Warszawa, KRS 0000199919, NIP: 526-27-57-178, is the Administrator of users’ personal data.
3.2. Personal data is processed to complete the contract stipulations.
3.3. Personal data is processed for the duration of the contract and beyond, until claims connected to its completion expire.
3.4. Anyone sharing their personal data has the right to request access to the data, its correction, deletion, limitation of its processing, raising an objection, transfer or filing a complaint with a supervisory authority. Personal data is not subject to profiling.
3.5. The Organizer shares users’ personal data with payment system operators and agrees to its use in order to complete order payments made with users’ input within the service-providing system, as well as in order to comply with the payment system operators’ duties as foreseen by existing law and as needed for execution of the afore-mentioned payment.
3.6. The Service provider uses so-called cookies or text documents stored on users’ computer drives. The cookies mechanism does not aim to obtain any information about individual users and is only used to save users’ navigation parameters and login status as well as to aggregate statistical data pertaining to website traffic. Collecting such statistics helps the Service provider understand how their website is used, which allows for improvements in its structure and content.
§ 4
Final provisions
4.1. The organizer bears no responsibility for any email-block mechanisms employed by server administrators disabling email communication sent to the address specified by the users nor for deletion or blocking mechanisms used by software installed on users’ devices.
4.2. The organizer reserves the right to cancel the online sales of E-passes and E-tickets at any time without providing a reason.
4.3. The organizer reserves the right to introduce changes to the present terms and conditions document. Any orders placed before changes to the terms and condition come into force will be processed in accordance with regulations applicable on the day they were made.
4.4. These Rules and Regulations are available in English and Polish. The Polish version is the official text of the Rules and Regulations.
4.5. For any matters not governed by the present document, Polish law shall apply.
