Rules of participation in the online festival: “Digital Cultures 2020 – Imagined Futures”

1. Organiser/dates

  1. The present Festival Rules (the ‘Rules’) define the conditions for participation in the DIGITAL CULTURES 2020 – IMAGINED FUTURES Festival organised by the Adam Mickiewicz Institute (“IAM”), with its seat at ul. Mokotowska 25, Warsaw.
  2. The Festival will take place from 17 to 25 October 2020 and will be live-streamed over the Internet. The stream will be accessible following prior registration at www.digitalcultures.pl.
  3. IAM’s authorised contact persons are members of the IAM Digital Cultures Festival Team, e-mail: [email protected], phone: (+48 22) 44 76 123.

2. Definitions

  1. Festival – an online event organised by IAM for Participants from Poland and abroad, aimed at providing them with more in-depth knowledge about select IAM activities in the field of digital culture and more generally about Polish digital culture.
  2. IAM – the Adam Mickiewicz Institute, with its seat at ul. Mokotowska 25, 00-560 Warsaw, registered as a cultural institution with the Ministry of Culture and National Heritage, RIK no. 70/2006, NIP: 701-00-10-966, REGON: 14 04 700 71.
  3. Participant – a person identified on a registration form who will be taking part in the Festival.
  4. Websites/Applications – platform made available by IAM for the purposes of conducting and managing the Festival.
  5. GTC – the General Terms and Conditions of the Contract for a Digital Product relating to the Festival, as specified on the Website.
  6. Act – the Personal Data Protection Act of 10 May 2018.
  7. GDPR – 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 (General Data Protection Regulation).

3. General information about the Festival

  1. Each Festival event will last from 20 minutes to 4 hours.
  2. Participants who do not register on the website may only access selected content (the current live stream and event descriptions available at www.digitalcultures.pl).
  3. Participants who wish to have full access to the content and functions (leaving comments, asking questions) available during the Festival are required to register for the Festival using the registration form.
  4. The maximum number of Participants in a workshop will be determined by its host. Workshop Participants will be chosen on the basis of the selection form. Participants will be selected by the curatorial team and the workshop host.
  5. Participation in one-to-one consultations with experts will be possible after registering for specific meetings using a separate form available on the Festival website.
  6. Topics and workshop hosts will be listed in the Festival programme published at www.digitalcultures.pl.
  7. IAM exercises utmost care so that the Festival is run by competent experts with knowledge of the Festival’s subject matter.
  8. IAM declares that utmost care is taken in the preparation of the Festival, including to ensure that the events are free of legal defects.
  9. Recordings of the finished presentations and panel discussions will be available to registered Participants at www.digitalcultures.pl. The Organiser may also decide to make materials available to unregistered individuals at a later date.

4. Websites/online tools used during the Festival

  1. DigitalCultures.pl – the Festival Organiser’s website.
  2. Facebook; Google; LinkedIn –to facilitate the registration stage via social media.
  3. Vimeo – the portal used for the Festival’s audio programme.
  4. Zoom; TransmisjeLive – for live-streaming the Festival events.
  5. Zoom – as a discussion forum after Festival presentations, workshops, Q&A sessions, and one-to-one sessions.
  6. VR Chat; Doodle; Miro; Mural – tools to assist the organisation of the Festival.
  7. DC Connects RATIO portal – a database of Festival Participants who have consented to share the data contained in their application forms. The database will be accessible only to Participants who have consented to share their data.
  8. Ninateka.pl – the platform where the Festival’s film programme will be published.

5. Technical conditions for the Festival

  1. Microsoft® Windows 7 users require at least a 1.4 GHz Intel® Pentium® 4 processor or equivalent.
  2. Windows 8, 8.1 and Windows 10 (32-bit/64-bit version with 32-bit browser) users require at least a 2 GHz Pentium® 4 processor or equivalent.
  3. Windows 7 users require at least 2 GB of RAM (recommended 4 GB).
  4. Windows 8, 8.1 and Windows 10 users require at least 4 GB of RAM (recommended 8 GB).
  5. Required applications – a web browser, e.g. Microsoft Internet Explorer 10 or higher (32-bit version only), Microsoft Edge, Mozilla Firefox 3 or higher, Google Chrome.
  6. Festival Participants also require the latest version of Adobe® Flash® Player. Ports 1935, 443, and 80 must be open.
  7. Festival Participants will need to install the Zoom application in order to make the most of the programme features.
  8. Minimum hardware requirements for participation in VR Chat panels:
    • Operating system: Windows 7, Windows 8.1, Windows 10,
    • Processor: Intel® i5-4590 / AMD FX 8350 or equivalent,
    • Memory: 4 GB RAM,
    • Graphics card: NVIDIA GeForce® GTX 970 / AMD Radeon™ R9 290 or equivalent,
    • DirectX: Version 11,
    • Network: Broadband Internet connection,
    • Disc space: 1 GB free.

6. Obligations and termination of the Festival participation agreement

  1. The Festival participation agreement between the Participant and IAM is concluded as soon as the Participant submits the registration form on the website listed in the Festival announcement.
  2. The Participant may opt out of participation in the Festival at any time before the Festival begins, by sending a related e-mail to the address [email protected] or by selecting the Delete Account option in their registered Participant profile.

7. Registering for the Festival

  1. Participants must register for the Festival by filling in the data listed in the registration form at www.digitalcultures.pl. Festival Participants are registered with IAM.
  2. Selection for workshops and one-to-one consultations with experts will be based on a separate form available at www.digitalcultures.pl.
  3. Participants can register for the Festival via e-mail or social media (Facebook, LinkedIn, Google). Following registration, Participants may log in to the www.digitalcultures.pl website and make full use of its functions.
  4. After registering for the Festival, Participants have the right to take full part in it, post comments, ask questions during individual events, participate in networking activities, access recordings of finished events, and watch the film programme.
  5. Unregistered Participants may access streamed events (without the option to comment or ask questions) and the audio programme.

8. Rights and obligations of the parties

  1. Every Participant must read the Rules before registering on the website.
  2. Participants agree to use the website in accordance with the law, without infringing the rights and good name of any third parties.
  3. IAM may make changes to the Festival programme and modify the Festival’s technical conditions and parameters for important reasons; such changes will not be a breach of the festival participation agreement concluded between the Participant and IAM.
  4. To the extent acceptable in view of binding legal regulations, particularly as stipulated by Article 473(2) of the Civil Code, IAM’s liability for any consequences arising in connection with the Participants’ use of the Festival shall be excluded, including without limitation any liability for any damages so inflicted, or loss of use, and in particular (without limitation) any damages arising from the defects, faults, failures or malfunctions of the Websites/Applications for causes beyond IAM’s control.
  5. Furthermore, IAM shall not be liable:
    1) if the e-mail address submitted to register for the Festival is incorrect, rendering participation impossible;
    2) if the Participant fails to meet the technical requirements specified in these Rules;
    3) if the Participant’s devices malfunction, rendering participation in the Festival impossible;
    4) in any cases of force majeure;
    5) if the Participant passes on their Festival registration data to third parties.

9. Intellectual property/licences to use the Festival website

  1. Participants may not record any elements of the Festival by any means. IAM may block any violating Participant’s access to the Festival.
  2. From the moment of registration for the Festival, in the manner described in § 2 of these Rules, IAM grants Participants a non-exclusive, non-transferable licence to use the Festival website — exclusively, however, for personal use. Participants may not reproduce or market any of the Festival content, share it with any third parties, or grant any further licences.
  3. During the Festival, IAM will record Participants’ statements and questions for archival purposes and possible subsequent sharing. By registering for the Festival, Participants consent to this recording. IAM may remove certain recorded materials if so requested by a Participant.
  4. IAM may make questions asked during the Festival public for educational purposes on the www.iam.pl, www.culture.pl and www.digitalcultures.pl websites in a way that prevents the identification of the Participants who asked them.
  5. Visual contact with other Participants will be possible throughout the Festival.
  6. Participants must notify IAM during the Festival if any information revealed is a trade secret or data protected in some way by the law. If no such notification is received from a given Participant, IAM shall bear no liability to any such Participant or any third party for the use of such information in the manner set out in subsection 2 above.

10. Complaints

  1. Participants may submit complaints on matters regarding the use of the Website by e-mail to [email protected] or in writing to: Adam Mickiewicz Institute, ul. Mokotowska 25, 00-560 Warsaw, Poland. Any complaint must be submitted within 14 days after the occurrence of the problem giving rise to the complaint.
  2. A correctly submitted complaint should contain at least the following data:
    1) details of the Participant (including their name, surname, postal address, e-mail address, and in the case of entities other than natural persons the name, postal address, and details of a person authorised to deal with matters relating to the complaint).
    2) a description of the problem giving rise to the complaint.
  3. IAM will consider complaints within 21 days of receipt. IAM will immediately notify the complaining party of the outcome to the address provided in the registration form.
  4. Complaints failing to contain the data listed in subsection 2 above or submitted after the time limit specified in subsection 1 will not be considered.

11. Personal data

  1. IAM is the controller of Participants’ personal data according to the provisions of GDPR. IAM processes personal data in accordance with currently binding regulations, viz. GDPR and the Act.
  2. Regarding matters of personal data protection, IAM can be contacted via e-mail at [email protected] or at its main office address.
  3. The provision of data is necessary for the conclusion of Agreements and delivery of the Festival. In all other cases, data is provided optionally.
  4. By registering, Participants consent to the processing of their personal data by recording their image and disseminating it for the purposes of IAM’s chartered activities and the Festival’s documentation and promotion.
  5. By registering, Participants consent to the provision of electronic services for purposes related to the holding of the Festival.
  6. Personal data will be processed by IAM for the purposes of:
    1) conclusion and performance of the Agreement, including contacts in connection with its implementation, on the basis of Articles 6(1)(b) and 6(1)(f) GDPR, in respect of dedicated persons assigned to performance the Agreement, as well as those representing the parties concluding the agreement, where IAM’s legitimate interest consists in the implementation of the agreement — for the duration of the statute of limitations on any claims arising from the Agreement;
    2) consideration of any complaints and pursuit of any claims connected with the Agreement, on the basis of Article 6(1)(f) GDPR, where IAM’s legitimate interest consists in the possible pursuit of or defence against claims — for the duration of the statute of limitations on any claims arising from the Agreement;
    3) documentation archives, viz. in respect of Agreements and accounting documents, on the basis of Article 6(1)(c) GDPR — for the duration established by the legal provisions requiring IAM to store such documents;
    4) statistics, pursuant Article 6(1)(f) GDPR, where IAM’s legitimate consists in having statistics of its activities available in order to improve such activities— for the duration of the agreement or any other basis for the processing.
    5) publicizing and promoting IAM’s activities arising from its charter, pursuant to Article 6(1)(f) GDPR, where IAM’s legitimate interest consists in the ability to do so — for the duration of IAM’s chartered activities or until an objection or withdrawal of consent (where the processing is on the basis of consent).
  7. Any person in the database has a right to access the contents of their data, have the data corrected or deleted, to restrict the processing, to transfer their data and to object to processing — in cases specified by GDPR to withdraw their consent at any time without affecting the legality of any processing done on the basis of such consent before such withdrawal (where the processing is on the basis of consent), and to lodge a complaint with the President of the Personal Data Protection Office.
  8. Personal data may be transferred to other entities, including without limitation:
    1) entities providing postal or courier services;
    2) banks, should settlements need to be made;
    3) state authorities or other legally authorised entities for the purposes of complying with our obligations (Tax Office, National Labour Inspectorate – PIP, Social Insurance Institution – ZUS);
    4) entities providing support services to IAM, particularly suppliers of external IT systems.
  9. Personal data will not be processed in an automated manner (including profiling) in such a way that any decisions could be made as a result of automated processing or any other legal effects or significant impact could occur for the Users, Participants or parties to agreements as a result of such processing.
  10. If personal data should be received from someone other than the data subject, please be informed that the scope of the processing processed data include a person’s name, surname, and e-mail address, and the source of such data is the User who provides the Participant’s data and simultaneously agrees to comply with this mandatory disclosure on IAM’s behalf with regard to such a Participant.

12. Provisions concerning consumers

  1. For Participants who are consumers, in matters not regulated by these Rules, the Consumer Rights Act of 30 May 2014 shall apply.
  2. Consumers shall not be affected by any such provisions of these Rules as might otherwise constitute terms included in the register of contractual clauses prohibited in respect of consumers (abusive clauses), kept by the President of the Office of Competition and Consumer Protection.

13. Miscellaneous

  1. Messages and any notifications intended for a Participant may be sent in the form of an electronic message to the e-mail address provided in the registration form.
  2. The Participant must notify IAM of any changes of address via e-mail.
  3. Any advertising material concerning the Festival is for information only, whereas the provisions of these Rules are legally binding.
  4. For matters not regulated by the present Rules, the provisions of Polish law shall apply, including without limitation the Civil Code.
  5. In case of any discrepancies between the provisions of these Rules and the GTC applicable to the Festival, the GTC shall take priority.
  6. These Rules and amendments thereto are available at www.digitalcultures.pl and will also be sent out to registered Participants.
  7. IAM may amend these Rules. IAM will notify any such amendment as described in subsection 6 above, and the User may terminate the Agreement within 14 days of the date of receipt of the new Rules.
  8. Submitting registration application on the Festival Website confirms acceptance of the provisions of these Rules and commitment to complying with the order-keeping provisions and any other arrangements made between the Participant and the Organiser.
  9. These Rules will come into force on the day (DD Month YYYY) of publication on www.digitalcultures.pl.
  10. Participants must comply with the Rules. The Organiser shall be entitled to remove any non-complying User from the event’s recipient list.