TERMS AND CONDITIONS

TERMS AND CONDITIONS OF THE WEBSITE “POLSKA BIBLIOTEKA MUZYCZNA”

1. Definitions
   1. “Owner” and “Service Provider” refers to Polskie Wydawnictwo Muzyczne – a national institution based in Krakow with its registered office at Aleja Krasińskiego 11a, 31-111 Kraków, entered into the register of cultural institutions kept by Minister of Culture and National Heritage under number 92/2016, NIP: 676-250-22-46, REGON: 363717113.
   2. “Terms and conditions” refers to this document, available on the internet site of the webpage, which can be read at any place and time (available: here), specifying the rules for the provision of Services by the Service Provider in the field of digital content (Material), regulating the rules, scope and the terms of use of the Website and the Service by the User and specifying the conditions for making changes to the rules of the Website’s operation.
   3. “Website” refers to the website system of the Polska Biblioteka Muzyczna available on the Internet server at the address: polskabibliotekamuzyczna.pl or polishmusiclibrary.pl along with subdomains, constituting a collection of static and dynamic documents, containing graphic files, scripts and other elements of the collection connected by mutual relations.
   4. “Material” refers to a single item of music notes, iconography, text (encyclopaedic entries), multimedia (films, sound recordings) or interactive educational images (colouring books, collages, puzzles), constituting a work within the meaning of the Act on Copyright and Related Rights (i.e. Journal of Laws of 2019, item 1231, as amended), subject to copyright protection in certain situations in accordance with the provisions of the indicated act and made available to the User by the Service Provider in the form of a digital file.
   5. “Service” refers to activities provided electronically within the Website consisting in making full-size or miniature Materials available to the User free of charge by the Service Provider, and also, after meeting certain conditions specified by the Terms and Conditions, in free downloading of Materials by the User in whole or in part, to the extent and on the terms set out in the Terms and Conditions.
   6. “Password” refers to a string of characters set by the User in order to guarantee authorised access to the Service by the User. The Password is specified by the User during the Registration stage on the Website.
   7. “Registration” refers to entering by the User, using the registration form available on the Website, the User’s data into the ICT system of the Service Provider, to the extent specified in the Terms and Conditions, in order to set up an Account and use the Services.
   8. “Account” refers to the area on the Website available to a given User after Registration and logging in with the Password, through which the User enters and manages data, may also perform operations and take actions related to functioning on the Website. Registration and possession of an Account by the User is a necessary condition enabling the use of certain functions of the Website referred to in the Terms and Conditions.
   9. “User” refers to a natural person, legal person or organisational unit without legal personality, to whom the law grants legal capacity, having the status of a non-logged-in User, a registered and logged-in User (Individual User or Institution) or a VIP-registered User who uses the Materials posted on the Website on the terms and to the extent provided for in the Terms and Conditions for each type of User.
   10. “Non-logged-in User” refers to a User using the Website and having access to the Materials on the terms and to the extent specified in Chapter IV, par. 9 letter a) of the Terms and Conditions.
   11. “Registered and logged-in User” refers to a User who is an Individual User or an Institution, using the Website and having access to the Materials – after logging in to the Website with a Password – on the terms and to the extent specified in Chapter IV, par. 9 letter b) of the Terms and Conditions.
   12. “Registered VIP User” refers to a User who is an Individual User or an Institution, using the Website and having access to the Materials – after logging in to the Website with a Password – on the terms and to the extent specified in Chapter IV, par. 9 letter c) of the Terms and Conditions.
   13. “Institution” refers to a legal person or organisational unit without legal personality, as well as a natural person acting as a representative of a legal person or organisational unit without legal personality and any other entity that is not an individual User, registering on the Website or logging in to the Website using a Password and using the Website and Services on the terms and to the extent specified in the Terms and Conditions.
   14. “Individual User” refers to a natural person registering on the Website or logging in to the Website using a Password and using the Website and Services on the terms and to the extent specified in the Terms and Conditions.
   15. “Cookies” refer to IT data, in particular text files, stored in the Website User’s end device and intended for the use of websites and to ensure the proper functioning of the Website.

2. General provisions
   1. The Owner and the Service Provider of the website polskabibliotekamuzyczna.pl is Polskie Wydawnictwo Muzyczne.
   2. These Terms and Conditions define the general rules for the provision of the Services by the Service Provider and the terms and manner of using the Website by the User.
   3. These Terms and Conditions are regulations for the provision of electronic services within the meaning of art. 8 of the Act of July 18, 2002 on the provision of electronic services (i.e. Journal of Laws of 2020, item 344).
   4. Every User may use the Website and the Services after reading the Terms and Conditions and accepting them. The Service Provider considers that Non-logged-in User using the Website and the Services has read the Terms and Conditions, accepts its content and undertakes to comply with it from the moment of starting to use the Website. The User registering on the Website is obliged to submit the declaration stating that they have read the Terms and Conditions, accepted them and undertook to comply with them.

3. Service description
   1. The Service offered by the Website is to make it possible to view miniatures and full-size Materials chosen by the User from the Website’s resources. The service also applies to the possibility of downloading Materials by specific Users and to the extent and on the terms specified by the Service Provider in the Terms and Conditions. The detailed scope of access is defined in Chapter IV of the Terms and Conditions.
   2. The Service is accessible for the Users for 24h (twenty-four hours) a day, 7 (seven) days a week, subject to periods of temporary unavailability of the Website caused by necessary technical breaks or other reasons not attributable to the Service Provider.
   3. Access to the Website and the use of Services for every type of User, also after logging in, is free of charge.
   4. Registration on the Website is voluntary.
   5. The Website offers Users access to the following types of Materials:
      1. Iconographic,
      2. Sheet music, including orchestra and chamber materials,
      3. Encyclopaedic entries;
      4. Audio and video recordings;
      5. Colouring books, puzzles, collages, etc.
   6. The Website offers Users access both to Materials protected by proprietary copyrights and Materials to which proprietary copyrights have expired, on the terms and within the meaning of the Copyright and Related Rights Act and on the terms set out in these Terms and Conditions.
   7. Through the Website, depending on the level of access referred to in Chapter IV of the Terms and Conditions, the User gains access to all or part of miniatures or full-size Materials saved in the form of digital files.
   8. Both logged-in and non-logged-in Users have access to the Website and Services. Using the Service in the scope of viewing full-size Materials, and after meeting the requirements set out in the Terms and Conditions, also downloading them, is possible only after logging in by the User and obtaining the appropriate level of access.

4. Rules of using the website
   1. Access to the Service, which consists in making the Material available free of charge by the Service Provider and viewing it, and in some cases also in downloading it by the User, is obtained by the User by opening the appropriate page of the Website.
   2. Access to most of the Website’s functions, in particular the ability to view full-size Material and download it by the User in certain situations, requires prior registration on the Website using the registration form, and in the case of a User with an Account – logging in to the Website using a Password.
   3. Registration on the Website includes the correct completion by the User of the Registration form posted on the Website by selecting the type of Account: Individual User or Institution, and additionally:
      1. indicating the mandatory e-mail address (applies to: Individual User or Institution),
      2. completing the remaining mandatory (marked with an asterisk) fields of the registration form necessary to create a User Account on the Website, depending on the type of Account selected (applies to: Individual User or Institution),
      3. submitting by the User by marking (accepting) the appropriate box for registration purposes, a statement about reading the Terms and Conditions and accepting it, consenting to the processing of the User’s personal data and submitting a statement by the User about the veracity of the data indicated in the registration form.
   4. For the possibility of granting the User the appropriate level of access referred to in par. 9, in particular granting him the status of a registered VIP User, it is necessary for the User to provide additional data in response to the e-mail received from the Website.
      Qualification of the User to the appropriate level of access will be possible thanks to:
      1. indication by the User of the purpose for which they will use the Material made available to them by the Service Provider, and indication of the profession performed by the User (applies to: Individual User),
      2. indication by the User of the purpose for which they will use the Material made available to them by the Service Provider, and the type of activity performed by them (applies to: Institution).
   5. During Registration, it is also possible for the User to express their willingness to subscribe to the newsletter, which the User declares by checking the appropriate box.
   6. After completing the registration form, the User will receive a response from the Service Provider regarding the status of data verification to the e-mail address provided during Registration within 24 hours of sending the registration form. The 24-hour period does not include hours falling on Saturdays and public holidays. The waiting period for verification is then extended accordingly.
   7. The User gains access to his Account after entering the correct e-mail address and Password in the login form. If the User forgets the Password, they can recover it using the Password recovery form, in which the e-mail address defined during Registration on the Website should be provided. A link to set a new password will be sent to this address.
   8. When the User enters the URL address of the Website’s page and is redirected to the Website’s page, a contract for the provision of electronic services is concluded between the Service Provider and the User.
   9. The Service Provider has established three levels of access to the Materials posted on the Website, which determine the User’s rights on the Website:
      1. Non-logged-in User – has an access to the thumbnail preview of the Materials, basic information about them and access to the full-size preview of the first page of Chamber Musical Materials and full-size preview to the first five pages of Orchestral Musical Materials, as well as full-size access to the Small PWM and Encyclopedia modules.
      2. Registered and logged in User – gains access to all functions available to the Non-logged-in User, and also has access to the preview of the extended description of the Material, has the ability to add comments and own notes next to the Materials; moreover:
         • For orchestral and chamber sheet music marked as unprotected, the user can view complete and full-length versions posted on the Website and download them.
         • For orchestral and chamber sheet music materials protected by proprietary copyrights within the meaning of the Act on Copyright and Related Rights, the User obtains the possibility to view complete and full-length versions posted on the Website, but it is not possible to download them.
      3. Registered VIP User – gains access to all functions available to the registered and logged-in User, and also obtains the ability to download all selected full-size orchestral and chamber sheet music materials protected by proprietary copyrights within the meaning of the Act on Copyright and Related Rights. Downloading selected sheet music takes place after a prior request for the selected sheet music, sent to the e-mail address: [email protected]
   10. Own notes mentioned in par. 9 letter b) are visible only to the User who is their author.
   11. The comments mentioned in par. 9 letter b) can be reported to individual Materials and are sent to the Service Provider.
   12. Thumbnail preview mentioned in par. 9 letter a) means that the User gains access to the view of the first page of the reduced Iconographic Material, and in the case of Sheet Music, to the thumbnail of the first page of the Material.
   13. The preview of the first page described in par. 9 letter a) means that the User obtains a full-size preview of the first page of the file with chamber sheet music.
   14. The preview of the first five pages described in par. 9 letter a) means that the User obtains a full-size preview of the first five pages of the file with orchestral sheet music.
   15. Preview of the entire Musical Material described in par. 9 letter b) and 9 letter c) means that the User gains access, depending on the type of work, to the full-size and complete version of the Music Materials posted on the Website.
   16. Preview of the entire Iconographic Material described in par. 9 letter b) and 9 letter c) means that the User receives a preview of full-size and complete versions of Iconographic Materials posted on the Website.
   17. Downloading the Material described in par. 9 letter b) and 9 letter c) means that the User obtains the possibility of recording the Material on the device they uses and using it only in the manner referred to in Chapter VI of the Terms and Conditions.
   18. In the case of Score Materials, it is possible to download the entire PDF file with a given Material, with a watermark, and in the case of Iconographic Materials, it is possible to download a photo in its original size in the form of a digital file.
   19. The degree of access referred to in par. 9 letter c) is reserved in particular for persons engaged in active artistic activity. The Service Provider reserves the right to independently decide each time to qualify a given User, in particular a person who is not a person conducting active artistic activity, to the category of a registered VIP User. When qualifying the User to the category in question, the Service Provider will in particular take into account the information referred to in Chapter IV par. 4. 4. The Service Provider reserves the right to revoke the registered VIP User status granted to the User, in particular in the event that the User uses the Materials in a manner contrary to the Terms and Conditions and/or otherwise violates the provisions of the Terms and Conditions and/or violates the provisions of the Act on Copyright and related rights.

5. User’s rights and obligations
   1. It is the User’s responsibility to ensure that the data entered into the Registration form is correct and up-to-date.
   2. The Service Provider is entitled to refuse to provide Services to a User who has failed to fulfil the obligation referred to above.
   3. The Service Provider, if justified, is entitled to contact the User in order to inform them about the need to supplement or update the User’s data to the extent required for the proper provision of the Services.
   4. The User is obliged to protect the login details to the Account against unauthorised access by third parties. In the event of an unauthorised third party gaining possession of data enabling it to log into the Website or even suspecting such a situation, the User should immediately change the Password and notify the Service Provider of this fact. The User acknowledges that the Service Provider will in no case request the transfer of the Password in any other way than through the Account on the Website.
   5. The Website User undertakes to use the Account in accordance with applicable law, social and moral norms and the provisions of these Terms and Conditions.
   6. In order to provide the service of access to the Website, the Service Provider will contact the User by electronic means of communication, i.e. using the e-mail address provided during Registration.
   7. It is forbidden for the User to provide unlawful or offensive content, as well as to take actions that may cause disruption or damage to the Website.
   8. The User using the Website undertakes to comply with the provisions of these Terms and Conditions and the Act on Copyright and Related Rights.
   9. Any violation of the terms of the Terms and Conditions by the User may result in blocking their account in cases and on the terms specified in the Terms and Conditions.
   10. At the User’s request, the Service Provider can:
       1. block their Account and temporarily prevent the use of the Services,
       2. delete the Account and the data stored on it, which will result in permanent inability to use the Services, if the User does not use any of the Services, and if the obligation to store them does not result from the law.
6. Intellectual property
   1. The Website offers the User access to both Materials protected by copyright and to Materials to which copyright has expired, on the terms and within the meaning of the Act on Copyright and Related Rights.
   2. Copyrights to all works other than the Materials (e.g. Website layout, photos, source code) are vested solely in the Service Provider or entities cooperating with it, and the Service Provider and these entities do not grant a license to use these works (unless otherwise stated).
   3. Any trademarks, logos or other individualising signs, including graphic ones, placed on the Website are protected trademarks and are subject to legal protection.
   4. Materials made available by the Service Provider, both those subject to copyright protection and those to which copyright has expired, may be viewed and downloaded by the User only in order to become familiar with the Material.
   5. The materials provided by the Service Provider, both those subject to copyright protection and those to which the copyright has expired, may not be duplicated and multiplied by the User, in particular sheet music may not be used for public performances of works.
   6. When using the Website and the Materials provided by the Service Provider, the User undertakes not to infringe any rights, in particular personal copyrights, proprietary copyrights or personal rights of third parties.
7. Requirements for using the Website
   1. The Service has territorial (geolocation) restrictions, i.e. some Materials may be unavailable to Users logging in from the territory of selected countries. This may be related primarily to territorial restrictions resulting from contracts concluded by the Service Provider in the field of copyrights.
   2. Access to and the use of the Website and Services is possible:
      1. for Users on operating system platforms: Windows 7, Windows 10, MaxOS 10.12 or their newer versions,
      2. on any type of computer that meets the requirements of the aforementioned operating systems,
      3. through any types of Internet connections with a bandwidth of at least 700 kilobits/s, using the following web browsers: Microsoft Internet Explorer 8.0, Mozilla FireFox 20.X, Apple Safari 4.X (MacOS version only) and Google Chrome 23.X (only version for MS Windows) or their newer versions.
   3. The requirements for using the website also include the need for the User to have an e-mail box.
   4. In order to fully display the content of the Website, it is also necessary for the User to enable cookies and JavaScript in the web browser.
   5. It is recommended that the User, before using the Website, checks whether their computer equipment meets the technical requirements set out in these Terms and Conditions.
   6. The User accepts the requirements listed in par. 1–4 without reservations and is responsible for meeting these requirements At the same time, they acknowledge that they may change.
8. Cookie policy
   1. The Website uses cookies, which are saved by the Service Provider’s server on the hard drive of the User’s end device when the Users use the Website.
   2. As part of the Website, cookies are used, among others, to in order to:
      1. adapt the content of websites to the User’s preferences and optimise the use of websites; in particular, these files allow to recognise the Website User’s device and properly display the website tailored to his individual needs;
      2. create statistics that help to understand how Website Users use websites, which allows improving their structure and content.
   3. This mechanism does not cause damage to the User’s end device and does not cause configuration changes in the User’s end devices or in the software installed on these devices. Each User may disable the “cookies” mechanism in the web browser of their end device. The Service Provider indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the Website.
   4. The content of cookies does not allow identification of the User. Personal data is not processed or stored using cookies.
   5. By using the Website and setting the web browser appropriately (consisting in the acceptance of cookies), Users agree to such use of cookies.
9. Personal data
   1. The administrator of personal data provided voluntarily by the User is Polskie Wydawnictwo Muzyczne with its registered office in Kraków (31-111) at al. Krasińskiego 11A (Service Provider).
   2. Personal data will be processed:
      1. in order to conclude and perform a contract for the provision of electronic services in the scope of the User’s ability to use the Website,
      2. in the case of subscribing to the newsletter service, sending promotional information.
   3. Please be advised that the collected personal data will not be made available to entities authorised under the law.
   4. The user has the right to access the content and correct their personal data. Providing data is voluntary, but necessary for the Service Provider to provide the Service indicated in the Terms and Conditions.
   5. The issues of data processing and administration are detailed in the Privacy Policy of the Website, which the User can obtain and record using the ICT system and read it at any place and time.

10. Complaints procedure
    1. Each Website User has the right to submit a complaint in matters related to the functioning of the Website.
    2. Any complaints of Website Users may be submitted by Users on an ongoing basis during the use of the Website, but not later than within 7 days from the date on which the event giving rise to the complaint occurred.
    3. The complaint should be sent to the following e-mail address: [email protected] and contain the User’s designation and a detailed description of the circumstances constituting the basis for the complaint.
    4. Complaints submitted after the expiry of the deadline or not meeting the other requirements indicated in the preceding paragraphs, as well as complaints resulting from failure to comply with these Terms and Conditions will not be considered by the Service Provider, of which the Service Provider will immediately notify the User.
    5. Complaints will be considered within 14 days from the date of receipt of the complaint by the Service Provider. The interested parties will be informed about the method of considering the complaint by means of a return message sent to the e-mail address from which the complaint was sent.
    6. The Service Provider reserves the right to extend the deadline for considering the complaint in the event that the consideration of the complaint requires unusual, specific actions and arrangements or encounters obstacles independent and not attributable to the Service Provider (hardware failures, Internet network failures, etc.). The Service Provider also stipulates that consideration of the complaint may require additional explanations from the User – the time of providing explanations by the User each time extends the period of complaint examination.
    7. The complaint procedure is voluntary and does not exclude the User’s right to pursue claims in court.

11. Responsibility
    1. The User is responsible for:
       1. they way they use the Website, in particular for allowing third parties to use the User’s Account and for any negative effects of such action,
       2. damages resulting from the User’s actions that are inconsistent with applicable law or the provisions of these Terms and Conditions.
    2. The User bears full responsibility for any consequences resulting from improper completion of the Website forms by the User, and in particular those consisting in providing incorrect or untrue data by the User.
    3. The Service Provider shall not be liable for the consequences of incorrect, and in particular unlawful and the provisions of these Terms and Conditions, use of the Website by its Users and damages resulting from third parties gaining possession of the User’s Password to the Account.
    4. The Service Provider is not responsible for the timeliness, accuracy, completeness of the information presented on the Website, as well as for their usefulness for any activities of the User.
    5. The User is aware of the threats present on the Internet, in particular in terms of possible hacking into the User Account, taking over Passwords by third parties, infecting the User’s system with viruses and damage that may occur in such cases.
    6. The Service Provider will exercise due diligence to ensure that the use of the Services and the Website is in accordance with the Terms and Conditions and meets all the requirements set out in the Terms and Conditions.
    7. At the same time, the Service Provider informs that there may be problems with access to the Services and the Website, in particular caused by hardware, software or network parameters inconsistent with the requirements set out in the Terms and Conditions.
    8. The Service Provider informs that technical problems or technical limitations of the computer equipment used by the User (firewalls – blockades, incorrect versions of the multimedia file player, anti-virus programs and others) may limit or prevent the User from accessing the Services and the Website or affect their quality.
    9. The Service Provider reserves the right to limit the access of selected Users to some or all of the Materials presented on the Website, if these Users use hardware or software that affects the way of receiving content presented on the Website, including in particular limiting or excluding the publication of specific content from the Website.
    10. Due to the properties of the Internet and the User’s computer hardware, independent of the Service Provider, the Service Provider does not guarantee uninterrupted and uninterrupted access to the Service and the Website.
    11. The Service Provider has the right to block access to the Website or its part, permanently or temporarily for important reasons, in particular in the event of irregularities in the use of the Website, including circumstances to the detriment of the User or the Service Provider.
    12. The Service Provider reserves the right to delete the User’s Account if it is found that the personal data provided by the User in the registration form are incorrect or false.

12. Termination of the agreement
    1. The User has the right to terminate the contract for the provision of electronic services at any time. Termination of the contract requires informing the Service Provider by e-mail. As a result of the termination, the Service Provider will remove the User Account to which the termination applies from the Website.
    2. The User and the Service Provider have the right to terminate the contract by mutual agreement.
    3. The Service Provider has the right to terminate the agreement with the User for these services in the following cases:
       1. providing false, incomplete personal data or failure to provide data when the processing of such data is necessary due to the way the Website functions and provides Services,
       2. finding cases of destruction, damage, deletion, change or hindering access to data contained on the Website or causing interference by the User or other circumstances preventing automatic processing, collection or transfer of such data,
       3. stating that the User’s actions are characterised by an attempt to cheat the Service Provider’s IT system or an attempt to use hacking techniques,
       4. if the Service Provider finds that the Materials made available to the User are used by them in a manner inconsistent with the Terms and Conditions and intended use.
    4. If the Service Provider finds that the User’s actions are contrary to the content of the Terms and Conditions and as a result of their occurrence, the Service Provider has suffered damage, the Service Provider will be entitled to demand that the User repair it in full.

13. Final provisions

1. 1. The law applicable to legal relations arising from the use of the Website and Services by Users is Polish law.
   2. The content of these Terms and Conditions is available on the website polskabibliotekamuzyczna.pl and at the seat of the Service Provider.
   3. The Service Provider reserves the right to unilaterally amend these Terms and Conditions at any time. The changes come into force on the day of their publication on the Website. Information about the change of the Terms and Conditions will be sent by the Service Provider via a message sent to the e-mail address provided by the User in the registration form.
   4. Changes may occur as a result of User’ demands, as a result of the results of surveys and in connection with the important interest of the Service Provider or changes in legal requirements.
   5. In the event of non-acceptance of the new provisions referred to above, the User may withdraw from their acceptance. This will result in the termination of the contract between the Service Provider and the User and the deletion of the User Account. Lack of acceptance of the Terms and Conditions, the User should report to the Service Provider to the e-mail address indicated in Chapter X par. 3 of the Terms and Conditions.
   6. Any changes to the Terms and Conditions become effective when they are posted on the Website. After the information about changes to the Terms and Conditions is published at the address, the User should immediately become familiar with the changes, because the use of the Services or the Website after such announcement constitutes acceptance of the new content of the Terms and Conditions by the User.
   7. The Service Provider reserves the right to make at any time:
      1. changes to the data contained within the Website,
      2. changes to the technical parameters of the Website,
      3. temporary or permanent limitation of the availability of the Website,
      4. complete withdrawal of the Website at any time.
   8. In matters not covered by the Terms and Conditions, the provisions of the Act of 23 April 1964 Civil Code, the Act of 18 July 2002 on Providing Services by Electronic Means and the Act of 4 February 1994 and subsequent amendments on Copyright and Related Rights shall apply.
   9. Disputes between the Service Provider and the User who is a consumer regarding the provision of individual Services may be settled amicably by way of proceedings before an arbitration court on the terms set out in the relevant provisions of law.
   10. A dispute between the Service Provider and a User who is a consumer may be considered by the arbitration court only after the complaint procedure is completed and if both parties to the dispute agree to it. In other cases, any disputes are submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure.