TERMS OF USE


§1

GENERAL PROVISIONS

  1. Pursuant to the July 18, 2002 Act on the provision of electronic services (Journal of Laws No. 144 item 1204 as amended) the Union of Performing Artists STOART, with seat in Warsaw 00-357, Nowy Świat (hereinafter referred to as 'STOART') sets out these terms of use of electronic services (hereinafter referred to as 'Terms of use')

  2. These Terms of use specify the method and scope of the provision of service consisting in facilitating the possibility of using electronic access to some databases maintained by STOART and registration of data in these databases by performers or their heirs who (based on a separate statement) mandated management of the rights to their artistic performances to STOART . The scope of access to databases and the possibilities of data registration referred to above are defined in the remainder of the Regulations.

  3. The Terms of use are available at any time, free of charge at www.ewykonawca.pl and may also be made available at any User's request submitted to the email address stoart@stoart.org.pl.



§2

DEFINITIONS

  1. Service - providing access to some STOART databases and entering data to these databases via the eWykonawca.pl website (at www.ewykonawca.pl). The Service provides access to STOART databases regarding User ‘s data, such as: personal data, payouts, submitted repertoire with the participation of the User. In addition, the Service enables the submission of repertoire by the User, as well as contact with STOART regarding any changes in the User's data.

  2. Website - eWykonawca.pl - available at https://www.ewykonawca.pl (hereinafter referred to as 'WEBSITE') under which the Service is offered.

  3. User - a person using the Website.

  4. Password - a string of characters randomly generated when registering on the Website. The password is unique for each User and is required to log in to the Website.

  5. Login - a unique ID number assigned to the User by STOART.



§3

TERMS OF USE OF SERVICES, TECHNICAL REQUIREMENTS

  1. Using the Website is possible only if all of the following conditions are been met:
    1. The User has reading and accepted the Terms of Service

    2. The User has registered in the Service in the manner described in these Terms of Service s.

    3. The User has submitted (through the e-wykonawca website), a statement of acceptance of the rules for making changes to the databases covered by the Website and the Service, and of the veracity and completeness of the data entered into the STOART databases covered by the Website.

    4. Submitting a declaration of consent to the processing of personal data.

  2. Registration. In order to start using the Website, the User must register as follows:

    • Personally at the headquarters of STOART, or

    • Electronically by sending via the eWykonawca Website to the e-mail address provided on the Website a statement with the following content: 'I express my will to use electronic access to the STOART databases' providing the personal identification number number (PESEL) or STOART ID (membership ID number) and e-mail address. Password and Login will be sent to the e-mail address provided. When logging in for the first time, User must enter the Password sent to the e-mail address, however, after first login, it is recommended to change the Password.

  3. Logging in. In order to use the Website, the User must log in to the Website each time using the Login and Password in the manner described on the Website's login page.

  4. Technical Requirements. In order to use the Website, it is necessary for the User to:

    1. Have access to a device enabling the use of the Internet and one of the following web browsers:

      • Chrome (newest)

      • Firefox (4 +)

      • Internet Explorer (7 +)

      • Opera (11 +)

      • Edge (newest)

      • Safari (newest)

    2. Have an active e-mail account and to be able to receive and send messages via e-mail.

  5. The User acknowledges and accepts that it is prohibited for the User to provide unlawful content to the Website.

  6. Using the Website is free of any charge.

  7. STOART reserves the right to:

    1. Temporary / Periodic limitation or disconection of the website.

    2. To discontinue the Website without providing reasons.

    3. Changing, limiting or extending of the scope of the Website.



§4

PASSWORD CHANGE AND RECOVERY, ACCESS BLOCK

  1. Access to the website is automatically blocked after entering the wrong password three times.

  2. In order to recover the password, use the "Password Reminder" function available on the Website login page. In order to verify the identity, the User will be asked to provide a personal ID number and to enter the e-mail address (provided during registration) to which instructions will be sent to recover the password.



§5

CONCLUSION OF THE CONTRACT, TYPE AND SCOPE OF THE SERVICE

  1. By accepting the Terms of Use and registering at the Website, the User consents to the conclusion of the Agreement regarding the Service offered at the Website (the Agreement)

  2. As part of the Website, STOART enables the User to have access to User's data such as:

    1. Personal data.

    2. Payments made to the User.

    3. Submit repertoire with the participation of the User.

    4. Submit comments and corrections to User's data.

    5. Register repertoire.

    6. Contact the Website staff regarding the User's data and the operation of the Website.

  3. STOART reserves the right to change the scope of the provided Service without giving a reason.

  4. STOART reserves the right to change the Terms of Use at any time without giving a reason. New Terms of Use are communicated to the User by displaying them at the first login following the changes to the Terms of Use. Logging in to the website after the change message is displayed means that User accepts the New Terms of use. If the User does not accept the new regulations, he or she should cease logging in.

  5. This Agreement is concluded for an indefinite period.

  6. This Agreement is automatically terminated when the User terminates the mandate agreement for management of rights to STOART with the effect on the last day of the third month following the date of submission of the termination notice.

  7. This Agreement contract may be terminated by the User at any time with immediate effect. The contract is terminated by submitting a written declaration of intent to terminate the contract with effect from the day STOART receives this declaration.

  8. STOART may terminate this Agreement with immediate effect in the following cases:

    1. User’s behavior is unlawful.

    2. The User uses the Website in a manner inconsistent with the Terms of Use.



§6

PERSONAL DATA, COOKIE FILES

  1. STOART with seat in Warsaw 00-357, Nowy Świat 64 as the administrator of personal data hereby informs that in accordance with the General Data Protection Regulation the Act on the Provision of Electronic Services, it processes the User's personal data in order to perform the Agreement and to carry out collective management of rights to artistic Performances entrusted by User. Providing personal information is voluntary. The person whose data is processed has the right to access their data and correct them.

  2. Registration on the Website is equivalent to consenting to the processing of personal data.

  3. The registration process requires consent to the processing of personal data. If the person does not agree to the processing of personal data, the registration process must be interrupted and cannot be completed.

  4. Complete information of the personal data processing can be accesses at GDPR Information

  5. Serwis wykorzystuje pliki cookies. Korzystanie z Serwisu bez zmian ustawień przeglądarki oznacza zgodę na ich wykorzystywanie. Pełne informacje na temat korzystania z plików cookie można uzyskać pod adresem Privacy policy



§7

COMPLAINTS

  1. Complaints and other reservations regarding the operation of the Website should be submitted at the e-mail address: uwagi@stoart.org.pl.

  2. The complaint will be reviewed by STOART within 30 days from the date of its submission as described in paragraph 1.



§8

INFORMATION ON SPECIFIC THREATS RELATING TO THE USE OF THE WEBSITE
DISCLAIMER OF LIABILITY

  1. Due to the fact that the website is operated via a public Internet network, the use of it involves risks typical of using services via the Internet.

  2. STOART makes every effort to ensure that the use of the website is safe, that is:

    • At the time of registration, the User receives a unique Password to the email address provided, which remains secret to everyone except the User.

    • The connection to the Website is encrypted with an SSL certificate

  3. The User is obliged to keep the password and login to the Website secret from third parties.

  4. STOART shall not be liable for the consequences of disclosing the password and / or login to third parties by the User.

  5. STOART is not liable for the consequences of providing incorrect or incomplete data by the user when registering or using the Website, or for providing by the User third party data without their consent and knowledge.



§9

FINAL PROVISIONS

To the extent not regulated in these Terms of use, the provisions of Polish law apply including but not limited to the Civil Code and the Act on the provision of electronic services shall apply.