Terms of use

 §1

General provisions

1. These terms of use set out the terms and conditions of free access to photographic, audio, and audiovisual materials available through the TWON PLATFORM.

2. These terms of use are a model agreement in the understanding of section 384 of the Polish Civil Code. Users are obliged to acquaint themselves with these Terms of Use before undertaking to use the TWON PLATFORM and subsequently to observe them throughout.

3. For the purposes of these Terms of Use, the following definitions apply:

Terms of Use are understood to mean the terms of use of the TWON PLATFORM available on vod.teatrwielki.pl;

TWON PLATFORM is understood to mean the website named TWON PLATFORM available on vod.teatrwielki.pl constituting a part of the website of the Teatr Wielki – Polish National Opera, and aimed at disseminating opera and ballet performances over the Internet as free Materials contained in the catalogue of the TWON PLATFORM; by electric means – on a live stream and video-on-demand service; in the form of webcasts distributed via information and communication technologies that enable the transmission of data over public networks, without the possibility to duplicate the Materials.

TWON – Teatr Wielki – Polish National Opera is understood to mean the state artistic institution headquartered in Warsaw at Plac Teatralny 1, 00-950 Warsaw, RIK 47/98, NIP: 526-03-09-079, REGON 008281560;

User is understood to mean any person who uses the TWON PLATFORM in any way;

Material is understood to mean any photograph, audio or audiovisual material considered a work under the Polish Act on Copyright and Neighbouring Rights (Dz. U. of 2006 No. 90, item 631) and protected thereunder, published by TWON as part of a live streaming or video-on-demand service in the form of a digital file on the TWON PLATFORM.

§2

General terms of use of the TWON PLATFORM

1. The TWON PLATFORM shall be used exclusively to watch and listen to Materials published by TWON pursuant to these Terms of Use.

2. Through the TWON PLATFORM, TWON disseminates Materials contained in the TWON PLATFORM catalogue by electric means – on a live stream and video-on-demand service; in the form of webcasts distributed via information and communication technologies that enable the transmission of data via public networks without the possibility to duplicate the Materials.

3. The use of the TWON PLATFORM is free and does not require prior registration.

4. The TWON PLATFORM does not store any personal information or details of its Users.

5. On the TWON PLATFORM the User accesses a Material by means of dynamic streaming.

6. Materials on the TWON PLATFORM are available in Polish. Only selected Materials are also available in English.

§3

Conclusion of a contract

1. To access the TWON PLATFORM the User needs to visit vod.teatrwielki.pl and the other pages of the TWON PLATFORM.

2. To start using the TWON PLATFORM and access the Materials, Users must acquaint themselves with these Terms and Conditions as they are binding for each User.

3. The User accesses the Materials the moment he/she starts the player mentioned in §2(8) of the Terms of Use.

4. The moment the User accepts the Terms of Use and accesses the Materials, a contract is concluded between the User and TWON regulating free provision of the Materials by TWON for the User to watch or listen to, as specified in the Terms of Use.

5. The conclusion of the contract described in 4 above is tantamount TWON granting a non-exclusive license to the User to use the Materials as specified in the Terms of Use.

6. The User may cease to use the TWON PLATFORM at any time.

§4

Technical requirements for the use of the TWON PLATFORM

1. Video materials of the TWON PLATFORM are accessible through multimedia players embedded in the service’s webpages.

2. The multimedia players use the HTML5 technology supported by Adobe Flash.

3. To watch live streams or videos on demand the User needs a browser with HLS support (e.g. Safari MacOS, Microsoft Edge) or featuring MediaSource supporting AVC and AAC codecs. All other browsers require Adobe Flash. Users of Firefox 38.x browsers or their newer versions may set media.mediasource.whitelist to false to enable playing the Material without Adobe Flash. To change the setting, type about:config in the address bar.

4. Live streams and VOD materials may also be watched on mobile devices using the iOS 6+ and Android 4.2+ operating systems. As for other devices and SmarTVs, the use of the TWON PLATFORM depends on the make and model.

5. Some of the archive materials have subtitles. You may switch to a preferred language using an icon on the player’s control bar. On mobile devices, subtitles may be set directly through the in-built player.

6. The player may also be controlled through the keyboard. Keyboard shortcuts are available if the mouse cursor points to the player’s window. Here is the list of available shortcuts:

 

Key	Action
space	play/pause
q	stop
f	fullscreen
arrow down	volume down
arrow up	volume up
m	mute

 

7. The TWON PLATFORM is supported by the following browsers:

a) for Windows and OS X: Chrome 35+, IE 10+, FF 30+, Safari 5+

b) for mobile browsers: Mobile Safari IOS 8+, Chrome IOS 4+, Android 2+ default browser, Chrome for Android.

§5

Technical queries

1. All user queries and comments concerning the TWON PLATFORM, including reports of errors occurring when accessing the Materials and faulty operations of the service, should be sent to nta@teatrwielki.pl.

2. The e-mail should contain a description of the fault discovered, date and time of its occurrence, and the name of the Material.

3. The reports shall be considered within 21 days of their delivery.

4. Within the deadline, TWON shall send the User an e-mail indicating a solution to the reported problem.

5. Should the problem be associated with services provided by third parties that need to be clarified, the deadline may be postponed.

6. TWON disclaims responsibility for any disruptions or inadequate reception of the Materials.

§6

Intellectual property

1. All Materials as well as graphic designs and editorial content available on the TWON PLATFORM are protected by intellectual property regulations and other laws.

2. Having accessed the Materials, the User may watch or listen to the Materials as prescribed on the TWON PLATFORM and in these Terms of Use for a time, yet may not download or save the Materials.

3. The User does not have the right to use the Materials, graphic designs, and editorial content mentioned in 1 above in any other way than set out in these Terms of Use, in particular the User may not save, multiply, modify, disseminate, or place the Materials, graphic designs, and editorial content on the market in part or in whole.

4. The Materials are protected against downloading with a special safety system.

5. Any breach of the intellectual property regulations listed above may result in the User being held accountable under civil or criminal laws, in particular he/she may be approached with a claim for appropriate compensation.

§7

Changes to the Terms of Use

1. TWON reserves the right to change the Terms of Use in the event that:

a) general laws concerning the access to Materials are altered or their interpretation changes as a result of court verdicts, decisions, guidelines, or recommendations issued by applicable agencies or authorities,

b) the manner of supplying the Materials changes for technical or technological reasons.

2. The changes come into effect on the day of their publication on the TWON PLATFORM.

§8

Final provisions

1. Issues beyond the scope of these Terms of Use concerning the privacy policy are regulated by the Privacy Policy available under http://teatrwielki.pl/en/polityka-cookies/.

2. In matters not regulated by these Terms of Use binding provisions of the Polish law apply.

3. All conflicts arising from the enforcement of these Terms of Use shall be considered by the court appropriate for TWON’s registered office.

4. These Terms of Use come into effect on 30 October 2015.