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Terms of use

Rules of using the online Service More Than Life (http://morethan.life)

16.05.2017

Any User bringing up the site http://morethan.life or its subdomains (hereinafter the Service) accepts the following terms and conditions:

§ 1. General provisions

1. The Association of the Jewish Historical Institute of Poland (hereinafter the Association) holds exclusive rights to the Service and its textual, visual, and photographic content.
2. These Rules define the legal basis for using the online Service available at http://morethanlife or its subdomains.
3. These Rules are available to all Users free of charge at https://morethan.life.
4. The online Service uses cookie files. The rules governing the use of cookies by the Administrator are defined in the Privacy Policy section of these Rules.
5. The Rules, in conjunction with the law of the Republic of Poland, jointly define the rights and obligations of Users of the online Service.

§ 2. Definitions

1. All terms beginning with a capital letter, elucidated below, shall be defined as follows:
a. Administrator – the body managing and running the Service, that is the Association of the Jewish Historical Institute of Poland, established in Warsaw, postal code 00-090, at ul. Tłomackie 3/5, registered by the District Court for the City of Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000020904, NIP (tax identification number): 526 030 80 22, e-mail address: biuro@szih.org.pl.
b. Mobile application – software allowing to use the Service on mobile devices such as mobile phones, smartphones, tablets, and palmtops equipped with Android, iOS, or Windows Phone operating systems.
c. Profile Database – database containing data, information and other types of content voluntarily provided by Users to the Service, which are collected and processed in an IT system by the Administrator with the User’s consent for the purposes of providing services within the framework of the Service.
d. Data – any data, including Personal Data, provided to the Administrator and transmitted by Users within the framework of the Service, particularly when using the Service, in any e-mails sent to the Administrator or in any other form.
e. Personal Data – any information pertaining to a natural person whose identity is known or to a natural person, whom it is possible to identify.
f. Materials – any content featured in the Service in any form, particularly as text, graphics, and photographs, regardless of whether these are works in the meaning of copyright law.
g. Newsletter – e-mails sent by the Association with marketing information pertaining to the Association’s activities.
h. Payment Service Provider – company providing payment services in the understanding of the Act of 19 August 2011 on Payment Services (JoL 2011.199.1175, as amended).
i. Privacy Policy – document containing information regarding the collection, storage and use of the User’s Personal Data.
j. Rules – the present rules defining the rights and obligations of the Administrator and of the User, i.e. rules in the understanding of art. 8 of the Act on the Provision of Electronic Services.
k. Payment Rules – rules pertaining to the making of payments by Users through Payment Service Providers, applied and made available by the Payment Operator.
l. Service – the online service belonging to the Administrator, available at http://morethan.life or its sub-sites, through which the Administrator provides Services in accordance with the Rules.
m. Agreement – agreement concluded electronically by the Administrator and User concerning the provision of Services by the Administrator in accordance with the Rules.
n. Services – provided by the Administrator in accordance with the Rules.
o. User – a person using the Service – a natural person of legal age who has full legal capacity, a legal person, or an entity without legal personality.

§ 3. Agreement concerning the provision of Services by electronic means

1. The User and the Administrator conclude an agreement concerning the Services in accordance with the terms and conditions specified in these Rules.
2. Using the Services does not require registration; the User concludes an Agreement concerning the Services the moment they begin using them.
3. The Agreement concerning the Services is concluded for an unspecified period of time and can be terminated by the User or by the Administrator in accordance with the conditions set out below.
4. The User can terminate the Agreement concerning the Services with immediate effect at any time without giving a reason.
5. The User may terminate the Agreement concerning the Services in any specific way, particularly by: a) ceasing to use the Service or Services, or b) sending a written notice to the Administrator’s postal or e-mail address.
6. The Administrator reserves the right to terminate the Agreement concerning the provision of the Services at one month’s notice at the end of the calendar month, for important reasons consisting in the termination of Services.
7. The Administrator’s declaration, as referred to in item 6, is submitted by way of publication on the website of the Service.

§ 4. The consumer right of withdrawal from the Agreement

1. A User who has concluded the Agreement with the Administrator as a consumer, i.e. for a purpose unrelated to his/her commercial or professional operations, if the Agreement was concluded remotely or off business premises, reserves the right to withdraw from the Agreement.
2. Other entities, subject to art. 22¹ of the Civil Code, also reserve the right to withdraw from the Agreement under the same conditions as a consumer.
3. The User, as referred to in item 1, can withdraw from the Agreement within 14 days of its conclusion.
4. To withdraw from the Agreement, the User must send a declaration of withdrawal in writing to the Administrator’s postal or e-mail address.

§ 5. General conditions of providing Services

1. Users are only permitted to use the Services for private, non-gainful purposes.
2. The User’s Personal Data and the following Data will not be disclosed to other Users or third parties: a) e-mail address, b) telephone number, c) name and last name, d) bank account number.
3. The Administrator does not guarantee the continuity or quality of the Service or Services.
4. The Administrator has the right to carry out information and publicity activities on behalf of the Association as part of the Service.
5. The Administrator does not provide the services offered by the Payment Service Provider, hence an Agreement concluded under these Rules does not cover those services.
6. Services offered by the Payment Service Providers are provided by them and subject to separate rules as set by the Payment Service Providers.

§ 6. Rules of making payments to support the project An Archive More Important than Life

1. The Administrator does not provide payment services.
2. The Administrator publishes an up-to-date list of payment methods to support the project An Archive More Important than Life on the website of the Service.
3. The following methods can be used to make online payments:
a. Credit/debit card
b. PayPal.
4. Detailed rules pertaining to online payments are defined in the Rules of the Payment Service Provider.
5. Any payments made via the Service will be used towards the project An Archive More Important than Life carried out by the Association in cooperation with the Emanuel Ringelblum Jewish Historical Institute.
6. An Archive More Important than Life is a multi-annual program whose purpose is to commemorate the Ringelblum Archive and Oneg Shabbat. It aims to bring the Ringelblum Archive collection to the public and to promote it in Poland and abroad. The program agenda includes creating a permanent exhibition and traveling exhibitions, publishing a complete 36-volume edition of documents from the Archive, translating the Archive into English, digitizing the whole Ringelblum Archive and making the scans available online, as well as a range of educational and research projects and international conferences and seminars. The campaign also includes revitalization of parts of the historic building at 3/5 Tłomackie Street in Warsaw, where the members of Oneg Shabbat met and worked, and which currently houses the Association and the Emanuel Ringelblum Jewish Historical Institute, as well as to commemorate the site where the first cache of the Archive was found.

§ 7. Newsletter

1. The Administrator can provide a Newsletter service to Users as part of the Service.
2. The Newsletter is sent out regularly to the User’s e-mail address at no specified time by e-mail in the form of an electronic letter, and contains up-to-date information on the Association’s activities.
3. To subscribe the Newsletter, the User confirms in a separate declaration that they have read the rules and consent to their application.
4. Registration for the Newsletter is voluntary and free of charge.
5. One must register in order to receive e-mails from the Association with marketing information pertaining to the Association’s activities.
6. One can register by:
a. Submitting one’s e-mail address via the newsletter registration form available as part of the Service, by filling out the required information fields
b. Accepting the Rules and agreeing to the processing of Personal Data in the Registration form for the purposes of providing services as part of the Service.
7. The submission of one’s personal data during registration is voluntary. Once registration is complete, the User will receive confirmation of their newsletter subscription.
8. The User can withdraw from receiving the Newsletter at any time by sending a declaration on the withdrawal of consent to the Association’s e-mail address.

§ 8. Breach of the Rules by the User

1. It is forbidden to use the Service for illegal purposes, in breach of the Regulations, or in violation of the rights of third parties.
2. The content of the Service cannot be copied, reproduced or used in any way. The User is not authorized to modify or redistribute the content of the Service, or to reproduce it on any other website without the express written consent of the Administrator.
3. Any User who uses the Service in an illicit manner shall be subject to sanctions in the form of limiting their use of the Service, including:
a. Suspension of the Agreement
b. Termination of the Agreement and permanent removal of the User’s Data from the Service.
4. Should the User’s actions, breaching these Rules, cause any damage to the Administrator, particularly if they limit in full or in part the accessibility of the Service to other Users, the Administrator may seek judicial redress from such a User.

§ 9. Technical conditions

1. The technical conditions of using the Service have bearing on its proper functioning as well as on the safety of the Data kept in the Service.
2. Access to and use of the Service is possible for Users who:
a. Have a computer with an internet connection of at least 512 kilobits/s
b. Have one of the following browsers, supporting cookies and JavaScript:
• Microsoft Internet Explorer 8.0 or a newer version
• Mozilla Firefox 17.0.9 or a newer version
• Opera 15 or a newer version
• Google Chrome 30 or a newer version
• Apple Safari 5.1 or a newer version.
3. Having a valid e-mail address may also be a condition of using certain Services as part of the Service, which the User will be informed of prior to using such a Service.

§ 10. Privacy Policy, including protection and processing of Personal Data

1. The Users Database is protected by law. The Association, established in Warsaw at ul. Tłomackie 3/5, is the Administrator of Personal Data provided by Users.
2. The Association processes Personal Data by permission of the User and in accordance with the binding legal regulations, including the Act of 29 August 1997 on the Protection of Personal Data and the Act of 18 July 2002 on the Provision of Electronic Services.
3. The Administrator collects the following Personal Data: name and last name, e-mail address.
4. The Personal Data submitted by Users, as referred to in these Rules, shall be processed for the statutory purposes of the Association.
5. The collected Personal Data will also be used for marketing purposes to inform Users of the activities of the Association, send out the free Newsletter, and in connection with online payments, including to compile payment statistics. Automatically collected technical data may serve to analyze User behavior on the website and to compile statistics regarding the number of visits.
6. Every User retains the right to inspect their Personal Data processed by the Administrator, correct them, or to demand the discontinuation of their processing or their removal from the User Database.
7. In order to exercise the abovementioned rights one should send an appropriate request in writing to the Administrator’s postal or e-mail address with the title “Personal Data”.
8. The Administrator does not provide the User’s Personal Data in any way other than required for the activities of the Service or beyond the User’s consent to other data administrators without a legal basis obliging the Administrator do so, and undertakes to make all efforts to ensure that Personal Data are adequately protected, particularly as required under the Act on the Protection of Personal Data and the implementing provisions deriving from it.
9. Detailed provisions regarding the processing of Personal Data are contained in the Privacy Policy available on the website.
10. The Service uses automatic data storage tools, i.e. cookies, which are used to adapt the Service to the needs of Users.
11. Cookies are files saved to the User’s end device, whose purpose is to identify the User’s browser when using the Service. They allow the Administrator to collect statistical data concerning User traffic, activity, and ways of using the Service. They allow to adapt content and Services to User preferences. Most of the cookie files are session cookies which are automatically deleted from the User’s hard drive once the session has been terminated.
12. The user may disable cookies in their browser at any time, but this may cause some disruption in providing the Services.
13. Due to the diversity of available browsers and applications for viewing internet websites cookies are managed differently in different browsers. Users are therefore advised to get to know the privacy/security settings of their browser and to configure them according to their preference. Failure to change the cookie management settings in one’s browser will mean that cookies will be placed automatically on the User’s end device.
14. The content of cookie files does not allow to identify a given User; cookies are not used to process or store personal data.

§ 11. Copyright and other intellectual property rights

1. The Administrator holds the copyright and neighboring rights to the Service as a whole and to individual parts thereof, as well as to its graphic elements, including the right to combine and arrange these elements on the website.
2. Material which is a work in the understanding of copyright law or subject to neighboring rights is protected under the Act on Copyright and Neighboring Rights without the need for a separate disclaimer, particularly without the Administrator having to publish any statements in that regard.
3. The following are forbidden without the written consent – otherwise being null and void – of the Administrator: copying, disseminating or using content featured in the Service in whole or in part, with the exception of cases specified in the mandatory provisions of general law.

§ 12. Application of and amendments to these Rules

1. These Rules enter into force on 16 May 2017.
2. The Administrator may change these Rules from time to time. The changes proposed by the Administrator, along with the date of their entry into force, will be transmitted to Users in the same way as these Rules.
3. Any User who is party to the Agreement concluded for an unspecified period of time, who does not accept the changes to the Rules, has the right to terminate the Agreement with a one month notice period counted from the last day of the month in which the changes were made known to the User. The Agreement can be terminated by sending an appropriate request to the Administrator.

§ 13. Final provisions

1. These Rules, as well as the Agreements concluded on their basis, are subject to Polish law and shall be interpreted in accordance with that law. The application of Polish law does not deprive the consumer of protection under the laws of their state of habitual residence, in accordance with the Regulation of the European Parliament and of the Council (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
2. If any provisions of these Rules should prove invalid, unlawful or ineffective, it does not make the other provisions of these Rules invalid, unlawful or ineffective.