terms of service

I. General Provisions

These Terms define the rules for using the Internet Platform - DIGITAL CATALOG OF POLISH CINEMATOGRAPHY - operating in the internet domain: filmfiles.pl at www.filmfiles.pl ("Platform"), which provides users with a catalog of information about Polish films, including data and metadata concerning audiovisual works, their creators, rights holders, and available digital formats.
The Platform was created as part of the undertaking - "Digital Catalog of Polish Cinematography: an innovative database of films digitized in modern formats, created for their widespread availability in Poland and abroad" - under the National Recovery and Resilience Plan ("KPO"), component: Resilience and competitiveness of the economy, investment A2.5.1: Program supporting the activities of entities in the culture and creative industries sector to stimulate their development ("Project").
The owner and administrator of the Platform is Archipeak Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (02-738), at ul. Dominikańska 9, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000868844 maintained by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register, NIP: 5213912259, share capital PLN 5,000.00 ("Archipeak" or "Platform Administrator").
Archipeak implemented the Project under a relevant agreement for non-refundable grant support from the development plan under Investment A2.5.1: Program supporting the activities of entities in the culture and creative industries sector to stimulate their development - with the National Institute of Music and Dance based in Warsaw, ul. Tamka 3, 00-349 Warsaw, registered in the Registry of Cultural Institutions of the Minister of Culture and National Heritage under number RIK 83/2010, NIP: 5252490348, REGON: 142611587, acting as the unit supporting the development plan.
The Platform is intended for a wide range of users, in particular cultural institutions, audiovisual sector entities, film festival and review organizers, distributors, sales agents, educators, researchers, students, and individual audiences interested in Polish cinematography.
The purpose of the Platform is to create a publicly accessible, digital database of Polish films digitized in modern formats, containing reliable and verified information about audiovisual works, including in particular film identification data, information about rights holders, available language versions, and formats intended for exploitation in various fields.
The Platform aims to support the promotion, popularization, and increased accessibility of Polish film heritage domestically and abroad, improve information flow in the culture and creative industries sector, and enhance users' digital competencies through the use of modern technologies, including AI-based tools.
These Terms define the conditions under which the Platform, including its content, tools, or services provided, may be used free of charge.
By starting to use the Platform, the User acknowledges that they have read these Terms and the Privacy Policy, understand their provisions, and fully accept them.
The User undertakes to use the Platform in accordance with the provisions of these Terms and applicable law, and to comply with the rules set out in the Privacy Policy.

II. Platform Users

A Platform User is any natural person who uses the Platform, including:
1. an adult with full legal capacity;
2. a minor who is at least 13 years old, using the Platform with the consent of their legal guardian, who consents to their use and is responsible for this person's activities on the Platform (consent constitutes an attachment to the Terms),
(in singular: "User", in plural "Users")
The User uses the Platform as a consumer or in connection with scientific, research, educational, or professional activities.
A Consumer is a User who is a natural person using the Platform for purposes not directly related to their business or professional activity, in accordance with the definition contained in Article 22¹ of the Civil Code. This means that the consumer uses the Platform primarily as a recipient of services or content for private purposes, unrelated to conducting commercial activity.
When using the Platform for scientific, research, or educational purposes, the User may act on behalf of scientific, educational, or research institutions, conducting activities including analysis, studies, scientific research, and teaching activities, which may or may not be commercial in nature.

III. Commercial Use of the Platform

The Platform serves exclusively as a digital database and search engine for information about Polish films, enabling Users to access identification data, information about rights holders, and available film versions.
The use of the Platform is free of charge and does not include the granting of any licenses or rights to exploit audiovisual works. Any activities of Users related to the organization of film screenings, including for commercial purposes, require the User to independently obtain appropriate consents and licenses from copyright holders or other authorized entities.
The Platform Administrator is not responsible for how Users use the information made available on the Platform or for any violations of third-party rights resulting from such use.

IV. Nature and Sources of Data Available on the Platform

Data presented on the Platform comes from:
1. cultural institutions, archives, and entities holding rights to films;
2. direct submissions from rights holders;
3. industry sources and public registers;
4. automatic translations generated using artificial intelligence.
The Platform Administrator exercises due diligence to ensure that the data is current, complete, and consistent with the actual state of affairs.
Information published on the Platform is for informational purposes only and does not constitute an offer within the meaning of the Civil Code.

V. Copyright and Database Rights

The Platform Administrator is the sole owner of all copyrights and related rights to the software, graphics, layout, and other elements constituting an integral part of the Platform, including informational materials and studies available on the Platform.
The Platform Administrator has exclusive rights to databases collected and made available through the Platform, in accordance with the Act of July 27, 2001 on the protection of databases (Journal of Laws 2001 No. 128 item 1402, as amended). In particular, the Platform Administrator has the right to protection against unauthorized downloading, copying, modification, distribution, and other unauthorized use of all or part of the database.
Audiovisual materials, including films and rights thereto, remain the property of their copyright holders and other authorized entities. The Platform Administrator does not hold rights to these materials and does not grant any licenses or rights to use them.
The User undertakes to use the Platform and the materials available on it in accordance with applicable law and the provisions of these Terms, in particular:
1. not to copy, download, share, reproduce, or otherwise use content, databases, or their parts without the prior written consent of the Platform Administrator, excluding fair use, including use for one's own non-commercial personal use and use for scientific, educational, and research purposes - in accordance with applicable regulations and provided that:
  1. the use is limited to the necessary scope and purposes related to scientific, educational, or research activities and has no commercial purpose, nor leads to achieving - directly or indirectly - financial benefits,
  2. copying, downloading, or sharing materials is done only in a form and scope consistent with legal provisions and fair use principles,
  3. the use does not infringe copyrights, database rights, or third-party rights in accordance with applicable regulations,
2. not to undertake actions aimed at decompilation, reverse engineering, modification, or any other interference with the software and structure of the Platform;
3. not to use the Platform for commercial purposes that go beyond the scope of free information provision and searching, without obtaining appropriate licenses or permits;
4. not to infringe the intellectual property rights of the Platform Administrator or third-party rights related to content available on the Platform.
In the event of violation of the above provisions, the Platform Administrator reserves the right to take all available legal measures, including pursuing damage claims and demanding cessation of violations.

VI. Services Available on the Platform

The Platform provides users with the following digital and electronic services:
1. provision of a film search engine and data filtering system;
  1. the ability to use the film search engine and obtain information such as title, year of production, director, rights holder, available digital formats, and other industry data available to Registered Users,
2. access to a film database containing metadata, information about creators, rights holders, digital formats, and exploitation statuses;
3. presentation of content in an interactive manner;
4. access to data translated into selected world languages using automatic translation tools;
5. provision of continuous, public access to the Platform online 24/7;
6. enabling contact with the Platform Administrator for reporting errors or data updates.
The User may use the Platform both as an Unregistered User and after registration. Using the Platform as an Unregistered User enables access to a limited scope of information available on the Platform.
To gain full access to data, including detailed information about available film formats and other resources, the User should register by completing the registration form, providing their personal data and necessary information, declarations, and consents - required to create an account.
After successful registration, the User receives an individual account that enables them to use the extended functionalities of the Platform. The User has the right to update and modify their personal data at any time through the user panel.
To secure the account, the User is required to set a strong password, which they should protect from access by unauthorized persons. The User is responsible for maintaining the confidentiality of their password and for all activities undertaken through their account.
In case of suspicion of unauthorized access or security breach of the account, the User is obliged to immediately inform the Platform Administrator and take appropriate steps to protect their data.
The User uses the Platform and the information made available through it voluntarily and at their own risk. The Platform Administrator exercises due diligence to ensure that the information presented on the Platform is current and reliable, but is not responsible for the consequences of the User using information made available on the Platform in a manner inconsistent with its purpose or without independently assessing its usefulness.

VII. Conclusion of Agreement for Provision of Electronic Services and Digital Services

For the purposes of these Terms:
1. Electronic Service means a service provided remotely, via electronic means of communication, pursuant to Article 2(4) of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2024.0.1513 consolidated text).
2. Digital Service means a service provided electronically consisting of delivering digital content or enabling access to it, in accordance with the definition set out in Article 2(5a) of the Act of May 30, 2014 on consumer rights (Journal of Laws 2024.0.1796 consolidated text).
Using the Platform as an Unregistered User is possible without concluding an agreement for the provision of electronic services and consists of using open, free access to selected functionalities of the Platform. In this regard, no agreement for the provision of electronic services is concluded.
An agreement for the provision of electronic services is concluded upon proper completion by the User of the electronic registration form, acceptance of the Terms by checking the appropriate selection button, and activation of the User's account on the Platform.
The agreement is concluded for an indefinite period.
When completing the electronic registration form, the User provides necessary data and information and makes declarations and gives consents provided for in the form, including a declaration of compliance of the provided data with the actual state of affairs, possession of legal capacity or acting with the consent of a legal guardian, and acceptance of the Terms.
After receiving a properly completed registration form, the Platform Administrator will create a unique account for the User on the Platform.
The User is required to have a current and active email address, which is linked to their account and serves as a form of User identification to the Administrator.
The email address will be used for correspondence related to the provision of services, including sending administrative information, notifications, and communications, taking into account Section XI paragraph 3 of these Terms.
The Platform Administrator may refuse to create an account, block, or delete an existing account if it receives justified information that the account name or User's behavior is contrary to law, good practices, or violates third-party rights.
The User gains access to their account using an email address and access password. The User is obliged to maintain password confidentiality and bears full responsibility for all activities undertaken using their account.
The agreement for the provision of electronic services includes the right of access to extended functionalities of the Platform, including access to detailed information about films and other data available after registration.
Under the agreement for the provision of electronic services, the Platform Administrator provides digital services consisting of providing the User with access to the database and search tools, enabling searching and browsing information about Polish cinematography.
Digital services provided by the Administrator are free of charge and do not include the transfer of rights to audiovisual content or the granting of licenses for their use.
The Administrator reserves that the use of digital services is on an "as is" basis, without additional guarantees regarding availability, uninterrupted operation, or completeness of data.
The Platform Administrator will exercise due diligence to ensure that services through the Platform function continuously and properly, but reserves that due to technical or organizational reasons, temporary interruptions or limitations in Platform availability may occur.
The Platform Administrator is not responsible for temporary unavailability of the Platform or limitations in the provision of services caused by reasons beyond its control, in particular failures of technical infrastructure, disruptions in the operation of ICT networks, Force Majeure, or actions of third parties, provided the Administrator has exercised due diligence.
The User is obliged to use the Platform in accordance with applicable law and the provisions of these Terms. In the event of a violation of the Terms or a justified suspicion of abuse, the Platform Administrator may, after prior request to the User to cease violations, temporarily limit or suspend access to the Platform, if this is necessary to ensure its proper and safe functioning.

VIII. Right of Withdrawal

A User who is a consumer has the right to withdraw from the agreement for the provision of digital or electronic services within 14 days from its conclusion, without giving a reason.
The right of withdrawal expires if the User has consented to the commencement of service provision before the expiry of the withdrawal period and has confirmed awareness of the loss of the right of withdrawal after the commencement of service provision.
The User has the option to check consent to the commencement of service provision before the expiry of the withdrawal period in the registration form - at the time of registering their account. If this consent is not given, the right of withdrawal remains in force.

IX. Termination of Agreement and Cessation of Service Provision

The (Registered) User may terminate the agreement for the provision of services at any time with immediate effect by submitting a declaration of will in electronic form, sending a message to the email address: [email protected] or in writing, sending a registered letter to the Platform Administrator's registered office address: ul. Dominikańska 9, 02-738 Warsaw.
The Platform Administrator reserves the right to terminate the agreement with immediate effect in the event of non-performance or improper performance of the agreement by the User, including in the event of violation of the provisions of the Terms, applicable law, or in connection with a decision to cease providing the Platform. The User will be immediately informed about the termination of the agreement.
Expiration of the agreement for the provision of services is associated with the liquidation of the User's account and deregistration from the Platform.
Deletion of the User's personal data occurs in accordance with applicable law and to the extent specified in the Platform Administrator's Privacy Policy.
After closing the account, the User's data may continue to be processed only to the extent necessary to fulfill the Platform Administrator's legal obligations and in accordance with the Privacy Policy.
The User may at any time resign from the services provided by the Platform Administrator by sending a resignation form electronically to the email address [email protected]. The provisions of paragraphs 3, 4, and 5 above apply accordingly. Resignation from using services provided by the Platform Administrator, made by the User in accordance with these Terms, is equivalent to termination of the agreement for the provision of electronic services.

X. Technical Requirements for Using the Platform

The User's device must meet at least the following technical requirements to properly cooperate with the IT system used by the Platform:
1. have Internet access;
2. have an appropriate Internet connection speed;
3. have a web browser installed that supports modern standards, such as Google Chrome (version 80 or higher) or Safari (version 12 or higher);
4. it is recommended to have up-to-date antivirus software.
Failure by the User to meet the technical requirements specified above (in particular incorrect configuration of the device or software) may result in the inability to use all or some functionalities of the Platform.
A Registered User may log in to their account on the Platform from more than one device, provided that each of these devices meets the technical requirements specified in paragraph 1 above.
The Platform operates in online mode and requires constant Internet access.
Using the Platform in a manner exceeding fair use is prohibited.
The User is prohibited from providing any unlawful content, in particular containing vulgarisms, offensive content, violating third-party rights, good practices, personal rights or feelings, as well as content promoting violence, hatred, or discrimination.
The User's use of the Platform does not involve any special risks other than those commonly occurring when using public ICT networks.
Interruptions in the operation of the Platform may occur due to technical reasons, including those related to repair, maintenance, updates, or security issues, including the security of personal data processing.

XI. Personal Data Protection

Users' personal data is processed by the Platform Administrator in accordance with the provisions of 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 (GDPR), as well as in accordance with applicable national regulations on personal data protection.
The Administrator processes Users' personal data only to the extent necessary to achieve the purposes related to the provision of services through the Platform, including in particular for the conclusion and performance of the agreement, User account service, communication, and ensuring the security of using services. Data processing is carried out in accordance with applicable law and the principle of data minimization.
The Administrator may conduct direct marketing regarding the Platform and related activities on the basis of legitimate interest, which does not require separate consent from the User. However, in the case of sending commercial and marketing information electronically (e.g., by email, SMS, push notifications), the Administrator will contact the User only after obtaining their voluntary, unambiguous consent to receive such communication, expressed during registration or at another appropriate time. Failure to give consent to receive commercial and marketing information electronically does not affect the ability to use the Platform.
To avoid doubt - the Administrator may conduct electronic communication in connection with the provision of services - referred to in Section VII paragraph 8 of these Terms - on the basis of the Administrator's legitimate interest, without the need to obtain the User's consent.
Detailed rules for the processing of personal data by the Platform Administrator are described in the Privacy Policy, which constitutes an integral part of these Terms.

XII. Complaint Procedure

Any complaints regarding the Platform should be submitted by the User in writing to the Administrator's registered office address or electronically to the email address: [email protected]
Each complaint should contain: the name, surname, and address of the person submitting the complaint, a telephone number and email address enabling contact, as well as a detailed description and justification of the complaint, including the name and model of the device and information about the current version of the IT system and web browser used by the User.
Complaints will be considered within 14 calendar days from the date of their receipt. The User will be informed about the result of the complaint consideration in writing or electronically to the provided contact address.
Regardless of the complaint procedure, the User has the right to pursue their rights before the competent common court.

XIII. Amendment of Terms

The Platform Administrator reserves the right to amend the Terms.
Registered Users will be informed about planned changes at least 14 days in advance via a notification on the Platform or to the provided email address.
Continued use of the Platform after the amended Terms come into force means acceptance of its provisions.
Amendment of the Terms does not affect the rights acquired by Users before its entry into force.

XIV. Final Provisions

Force Majeure means unforeseen circumstances beyond the control of the Platform Administrator, such as accidents, fire, flood, earthquake, war, terrorist act, strike, epidemic, or failures of telecommunications infrastructure and power supply failures ("Force Majeure").
In the event of Force Majeure, the Administrator is not responsible for difficulties, interruptions, or delays in the provision of services. The Platform Administrator undertakes to take measures to limit the effects of Force Majeure, if possible.
The User may contact the Administrator through the "Contact" tab on the Platform or by sending a message to the email address: [email protected].
The Terms are available on the Platform and on the Administrator's website, as well as at the Administrator's registered office.
These Terms constitute both the terms of provision of digital services and the terms of provision of electronic services and define the rules for using services provided by Archipeak through the Platform.
In matters not regulated by these Terms, the applicable provisions of Polish law shall apply.
Any disputes arising from the use of the Platform shall be resolved by the competent common court.
The Terms come into force on January 26, 2026.

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