See also: Privacy policy
§1
General provisions
1. Against Gravity Sp. z o.o., with its seat at ul. Bukowińska 26C/12, 02-703 Warsaw, registered in the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, KRS 0000199919 is the organizer (hereinafter referred to as the “Organizer”) of the online edition of the 21st Millennium Docs Against Gravity Festival, which shall take place between 21 May and 3 June 2024 (hereinafter referred to as the “Festival”).
2. The Festival shall be held on the Mdag.pl website (hereinafter referred to as the “Website”) run by the Organizer.
3. In the framework of the Festival, films screened at cinemas between 10 and 19 May 2024 during the 21st MDAG co-organized by Against Gravity Sp. z o.o. shall be shown for a fee or free of charge. It is to be noted that not all films shown at cinemas as part of the Festival shall be available online.
4. The Organizer shall sell e-tickets (hereinafter referred to as “E-tickets”) and/or e-passes (hereinafter referred to as “E-passes”) enabling users to view Festival films on the Mdag.pl website (hereinafter referred to as the “Service”). The Service is provided on the terms and conditions described in these Rules and Regulations.
5. These Rules and Regulations (hereinafter referred to as “Rules and Regulations”) define the terms and conditions of paid and free access to the Festival, including the free download and the online purchase of paid E-tickets and E-passes granting access to films available on the Website.
6. Users are obliged to comply with the provisions of these Rules and Regulations when using the Service.
7. The “User” is a person using the Website and, in particular, accessing the Service on the Website for a fee or free of charge. Users are adults with full legal capacity.
8. Prior to participating in the Festival, Users must carefully read these Rules and Regulations. Using the Website is tantamount to declaring that that User has read these Rules and Regulations and intends to comply with their provisions.
9. The purchase and/or free download of an E-ticket and an E-pass is tantamount to the User's consent to comply with these Rules and Regulations.
10. Only logged-in Users may purchase E-tickets or E-passes. Users can log in to the My Festival subpage: My festival
11. Information about the price, date and period during which the User shall have access to the selected film are posted on the Website on the “Buy access” subpage and on the film page (hereinafter referred to as the “Film Subpage”).
12. An E-ticket grants the User access to one paid film during a period of 24 hours following the purchase and during the period starting on 21 May and ending at 23:59 on 3 June 2024. The User who has purchased an E-ticket shall have 6 hours to watch the selected film. The 6-hour window shall begin when the User hits the “Play” button on the pop-up screen of the Film Subpage, or clicks “Watch” assigned to the selected film in “My Festival” section and “Play” on the Film Subpage.
13. The E-pass allows the User to watch between several and over a dozen films for a fee, depending on the option selected by the User. E-pass shall be available for purchase between 21 May and 23:59 on 3 June 2024. Users who have purchased an E-pass can watch the selected film upon clicking “Watch with your e-Pass” and “Play”. Users will have 6 hours to watch the selected film.
14. E-tickets and E-passes shall be available for sale on the Website during the online Festival, i.e. from 21 May to 3 June 2024. However, some films may be available for shorter periods of time. In such cases, relevant information shall be included on Festival subpages of the films in question.
15. E-tickets and the streaming functionality for E-passes may be subject to availability, which shall be indicated on Festival subpages of specific films. Once E-tickets for a given film are sold out, it will no longer be available for streaming.
16. The use of the Website also enables the User to access other services provided by Against Gravity or third parties. Details on the provision of such services, including the User's rights and obligations, are contained in separate documents made available by service providers.
§ 2
E-tickets
1. In order to purchase an E-ticket through the Mdag.pl website, the following conditions must be met:
a) Users must select a particular film online at Mdag.pl.
b) Users must create an account and sign into the "My Festival" section
c) Users must pay for E-tickets using an online payment method. An E-ticket costs PLN 12.
d) Users must receive payment confirmation sent to the email address they have provided.
e) An E-ticket grants Users access to the selected film during a period of 24 hours following the purchase. Ticket-holders shall have 6 hours to watch the film they have purchased access to starting from the moment they hit the “Play” button on the pop-up screen on the Film Subpage, or from the time they click “Watch” and “Play” buttons associated with the given film in “My Festival” section
§ 3
E-passes
1. In order to purchase an E-pass through Mdag.pl, Users must meet the following conditions:
a) Users must select the E-pass they wish to purchase on Mdag.pl. The following options are available: i) an E-pass granting streaming access to 5 films for PLN 50, ii) an E-pass granting streaming access to 10 films for PLN 90, iii) an E-pass granting streaming access to 14 films for PLN 111.
b) Users must create an account and sign into “My Festival” section
c) Users must pay for the selected E-pass using an online payment method.
d) Users must receive payment confirmation sent to the email address they provided.
2. Users who have purchased E-passes can stream films using the E-pass by clicking the “Watch with your e-pass” button next to films added to the “I want to see” list in “My Festival” section
3. Users may only hold one active E-pass at a time. Once an E-pass is used up, Users can purchase a new one.
4. Users shall not be allowed to purchase E-tickets granting access to particular films if they hold an active E-pass associated with their account. E-tickets will only be available for purchase after the E-pass has been used up.
5. The E-pass allows the User to watch films within the period between 21 May and 23:59 on 3 June 2024.
6. Users shall have 6 hours to watch a film after selecting the “Watch with your E-pass” command of the selected film and/or the “Watch with your E-pass” command assigned to the films marked by the user in the “I want to see” section of My Festival and hitting “Play” on the Film Subpage.
§ 4
Provisions regarding both E-tickets and E-passes
1. In order to purchase an E-ticket or an E-pass, the User must consent to the processing of data by the Organizer for the purposes necessary to obtain an E-ticket or an E-pass, in accordance with 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). Although such consent is voluntary, it is necessary for the User in order to obtain an E-ticket or an E-pass.
2. The Organizer shall bear no responsibility for the consequences of the User providing incorrect or untrue data in the online order form, or the User’s failure to read these Rule and Regulations.
3. Through placing an online order the User commits to making the payment.
4. Lack of payment confirmation for the online order from the User’s bank within 5 minutes of order placement shall automatically cancel the online order. Any payments put on hold on the User’s bank account shall remain with the payment service provider.
5. The Organizer bears no responsibility for any consequences of malfunctions of the payment system.
6. The Organizer shall issue a VAT invoice upon the User's request.
7. E-ticket VAT invoice requests ought to be filed electronically by e-mail to kontakt@againstgravity.pl no later than within 3 months following the month in which the Service was provided. VAT invoices shall be issued and sent in electronic form. To receive a VAT invoice, the User must provide his/her first name, last name and the address. Entrepreneurs should also include their company’s name and the NIP (tax identification) number.
8. E-pass VAT invoice requests ought to be filed electronically using a form available at Buy Access upon selecting the E-pass type, i.e. a E-pass granting access to 5, 10 or 14 films. VAT invoices shall be issued and sent in electronically. To receive a VAT invoice, Users must provide their first name, last name and the address. Entrepreneurs should also include their company’s name and the NIP (tax identification) number.
§ 5
Online access to Festival films
1. Films shall be made available through the Mdag.pl Website.
2. Films available through the Website can be streamed throughout the duration of the online Festival, i.e. from 21 May until 23:59 on 3 June 2024.
3. Films available through the Website shall only be available for streaming in Poland. Users must have a Polish IP addresses. Users must not use nor attempt to use the Website outside of the Polish territory.
4. Users may only stream the content available through the Website on one device at a time. In order to use the Website, devices must fulfill the following technical criteria and have internet access with minimum parameters specified below:
a) compatible web browsers: Chrome, Safari version 13 or higher, Firefox, Microsoft Edge;
b) movies are played in HD quality adapted to the connection speed during streaming, with the highest resolution at 1080p and the lowest at 540p;
c) the required minimum connection speed is 2 Mbps; however, the Service Provider recommends that the speed be over 10 Mbps;
d) User can stream films using Chromecast devices.
5. Streaming quality may depend on the technical parameters related to the internet connection or the technical parameters related to the devices used to access Festival films.
6. The Organizer shall bear no responsibility for the lack of access or interrupted access to films caused by circumstances beyond the scope of influence of the Festival, or for technical problems or limitations related to the User’s internet connection or the device used.
7. Users can pause or rewind films streamed during the online Festival at Mdag.pl.
8. Users can choose between Polish and English subtitles to be displayed with the selected films. However, some films may have subtitles that are embedded. Films with audio description are available solely in Polish without the possibility of accessing the English version. Some of the films are available on the Website with audio description. This information is provided on the Film Subpage.
9. The content made available as part of the Festival is protected by copyright held either by the Organizer or by another entity from whom the Organizer has purchased the legally required license. It is not permitted to download, send, copy, reproduce, broadcast, publish, modify, rent, lease, sell, distribute or create derivative works using any of the content provided in the framework of the Festival. Any other uses not specified in these Rules and Regulations or permitted by law are also prohibited.
10. The Organizer bears no responsibility for the functioning of the Users’ internet connection or for the functioning of Users’ streaming devices.
§ 6
Withdrawal from the Agreement
1. This Service Agreement may be entered into with the use of means of remote communication, including electronically.
2. The right of withdrawal does not apply in cases specified in Article 38 of the Consumer Rights Act of 30 May 2014, including when the performance of the Service began following the consumer's express consent prior to the end of the Agreement withdrawal period and after the User has been notified about the expiry of his/her right to withdraw from the Agreement.
3. As the Service is provided “on demand”, in the case of agreements entered into remotely or outside of the company headquarters, the Organizer shall provide the Service upon receiving the Customer’s express consent to commence the provision of the Service before the expiry of the agreement withdrawal period. A statement of the above consent is submitted along with the Order and confirmed by the User.
4. Information on the loss of the right to withdraw from the Agreement - Pursuant to Article 38 (13) of the Consumer Rights Act of 30 May 2014, (Dz.U. of 2014, item 827), the right to withdraw from an agreement concluded remotely and relating to the provision of digital content does not apply if the provision of services began with the consumer’s express consent before the end of the 14-day withdrawal period and after the Service Provider has notified the consumer about the expiry of the right to withdraw from the agreement, i.e. upon the consumer’s access to paid Products (i.e. the possibility of streaming/viewing them).
5. Through commencing to use the Service and purchasing an E-ticket or an E-pass online, the User consents to the commencement of Service provision, therefore attesting that (s)he does not have the right to withdraw from the agreement. In addition, irrespective of the above, by activating a E-ticket or an E-pass, the User consents to the commencement of service provision and, therefore, forfeits his/her right to withdraw from the agreement.
6. Pursuant to Article 38 (1) (12) of the Consumer Rights Act of 30 May 2014, the right to withdraw from an agreement concluded outside of the premises or remotely does not apply in the case of accommodation services other than accommodation for residential purposes, transportation of goods, car rental, catering services, leisure services, entertainment, sport or cultural events, if the agreement specifies the day or the period of service provision, which is the case of E-ticket and/or E-pass purchase. Pursuant to these provision, the User does not have the right to withdraw from the agreement, as it relates to entertainment services and the service provision commences upon the purchase of an E-pass/E-ticket, or upon the activation of the account or of the E-ticket/E-pass.
7. In addition, the Organizer affirms that the User has the right to withdraw from an off-premises or distance agreement pursuant to Article 27 of the Consumer Rights Act, subject to the provisions above; the User may withdraw from the agreement without giving the reason within 14 days of entering the agreement defined in § 1 sec. 1 of these Rules and Regulations, upon accessing the Catalog or the Products available on the Website. In case of withdrawal from the agreement, the latter shall be considered null and void.
8. In order to exercise the right to withdraw from the agreement:
a) in the case of a service provided free of charge, the User must close the Website;
b) in the case of a service provided for a fee, the User must send an express notice of withdrawal to the following address: Against Gravity, ul. Bukowińska 26C/12, 02-703 Warszawa, labelled as “online Festival”, or by e-mail to kontakt@againstgravity.pl. An example of the withdrawal notice:
“I hereby notify of my withdrawal from the agreement for the provision of digital content in the framework of the Festival. Date of concluding the agreement: Name and surname of the consumer: Address of the consumer: Date of concluding the agreement: E-mail used to authorize or register on the Website; Signature if the cancellation notice is sent by post”.
9. In order to withdraw from the agreement, the User must send a notice of withdrawal before the expiry of the above-mentioned 14-day period. Upon receiving the withdrawal notice, the Organizer shall immediately confirm the receipt of the notice via e-mail to the address used in the process of user registration or authorization.
10. Consequences of withdrawal from the agreement: upon withdrawing from this agreement, the entire amount paid the User shall be refunded without undue delay, no later than within 14 days after the Service Provider was notified of the withdrawal.
§ 7
Claims and complaints
1. Complaints related to access to the Service, the Website’s functionalities or the Festival itself shall be submitted by email to kontakt@againstgravity.pl.
2. All claims must contain the User's contact details and a description of the reason for the complaint.
3. The Organizer shall examine the complaint and inform the User about its decision within 14 days of receiving the complaint. The Organizer shall notify the User of the decision by sending an e-mail to the address provided by the User in the complaint.
4. Any claims regarding electronic payments should be lodged with the payment service provider.
§ 8
Personal data protection
1. The administrator of all personal data obtained from the User is Against Gravity, with its registered office at ul. Bukowińska 26C/12, 02-703 Warszawa, KRS 0000199919, NIP 526-27-57-178.
2. Personal data shall be processed in order to perform the agreement.
3. Personal data shall be processed throughout the duration of the agreement and beyond, until the claims related to its implementation have expired.
4. Each person providing their personal data may request access to, rectify, delete, limit the processing, raise objections and transfer his/her personal data and file a complaint related to its processing with the competent supervisory body. Personal data shall not be subject to profiling.
5. The Organizer shall shares the User's personal data with payment system operators and allow the data to be used for the purpose of processing payments made with the User's participation as part of the service sales system, as well as for the purpose of fulfilling the obligations of payment system operators provided for in applicable laws and related to the execution of such payments.
6. The Organizer uses the so-called cookies, i.e. text files stored on the User's computer drives. The use of the cookie mechanism is not intended to allow the Organizer to obtain any information about individual Users and is used solely to save Users’ navigation parameters and the login status, and to aggregate statistical data pertaining to website traffic. Collecting such statistical data helps the Service Provider understand how the website is used, which subsequently allows the Service Provider to improve its structure and content.
§ 9
Final provisions
1. The Organizer bears no responsibility for any email-block mechanisms employed by server administrators disabling email communication sent to the address specified by the User, or for the deletion or blocking of e-mails used by the software installed on the User’s devices.
2. The Organizer reserves the right to cancel the online sales of E-passes and E-tickets at any time without providing a reason for the decision.
3. The Organizer reserves the right to amend these Rules and Regulations. Any orders placed before the effective date of amendments to these Rules and Regulations shall be processed on the basis of the provisions in force on the date of placing the order.
4. These Rules and Regulations are available in Polish and English language versions. In case of any discrepancies, the Polish version of these Rules and Regulations shall prevail.
5. The provisions of Polish law shall apply to any matters not covered by these Rules and Regulations.
