Terms of Use of the Małopolska’s Virtual Museums Website (hereinafter referred to as the “Terms of Use”)

Glossary

Whenever reference is made in these Terms of Use to:

  1. “MIC” ‒ it shall mean the Małopolska Institute of Culture in Kraków, with its registered address at 28 lipca 1943 Street 17c, 30-233 Kraków;
  2. “MVM Website” ‒ it shall mean the Małopolska's Virtual Museums Website on which cultural objects from museums and institutions of Małopolska are presented, including in the form of digitised images of the objects. The MVM Website has been created as part of the “Małopolska Virtual Museums” project (implementation in the years 2010-2013 under the Małopolska Regional Operational Programme for the years 2007-2013 for the Małopolska Province). The MVM Website is expanded with further cultural objects from Małopolska and new institutions which enter into cooperation with MIC;
  3. “User” ‒ it shall mean any person who uses the Małopolska's Virtual Museums Website in any manner;
  4. “Resource(s)” ‒ it shall mean all text, graphic, multimedia, and audio materials posted on the Małopolska's Virtual Museums Website.

The mission of the Małopolska Institute of Culture in Kraków is to support the development of culture, to protect the cultural heritage, and to use new technologies for promotion and education in the area of the cultural heritage of Małopolska.

In pursuing this mission, we wish that the Resources which are in the public domain be publicly available to the whole of society, free of charge, in high definition, without watermarks and other technical restrictions. We assume, as recommended by the European Commission, that digitisation of resources of the public domain does not create new copyrights. Resources that are in the public domain still belong to it after they have been digitised.

The Resources that are in the public domain may be used free of charge, both for personal and commercial use, in accordance with the applicable laws and under the rules described herein. All the collected Resources are made available with respect for moral rights of their authors arising from the applicable legal regulations.

The Resources that are still protected by copyright, to which we have relevant copyrights, are provided under the Creative Commons Attribution 3.0 Poland License (CC-BY 3.0 PL). These are both the Resources created to our order and/or obtained from other entities, as well as created by employees of MIC, volunteers, and interns. Creative Commons licenses are often used in open educational projects, for example, by Wikipedia and its sister projects.

We believe that thanks to this approach we will inspire teachers, students, scholars, art lovers and entrepreneurs to use the Resources we provide in a creative and innovative manner.

MIC also pays special attention to respecting the privacy of the Users who visit its websites. Thus, MIC undertakes to protect the Users' privacy and to observe the applicable laws as regards data and privacy protection.

By using the MVM Website, the User accepts the rules contained in these Terms of Use.

If you do not agree with our Terms of Use, please do not visit the MVM Website, do not register in our databases and do not provide us with any personal data.

I. Personal data

  1. The controller of the Users' personal data is MIC, which shall process the personal data in line with the provisions of the law, including, in particular, with the provisions of the Act of 29 August 1997 on Personal Data Protection (consolidated text: Dz. U. [Journal of Laws] of 2014, item 1182 as amended) and the Act of 18 July 2002 on the Provision of Services by Electronic Means (Dz. U. [Journal of Laws] of 2002, No. 144, item 1204 as amended).
  2. MIC shall process the personal data which has been provided by the Users on a voluntary basis and to the processing of which they have consented, as well as data collected automatically, e.g. IP addresses.
  3. MIC shall not use personal data for purposes other than those that have been authorized. MIC shall be entitled to make the data available only to entities authorized under the applicable laws, including relevant judicial authorities.
  4. The User shall have the rights arising from the Act on Personal Data Protection, in particular the right to access, at any time, the User's personal data being processed, as well as the right to correct it and demand its removal, and the right to rectify, complete or update this data.

II. Rules for using the Resources made available on the MVM Website

  1. General Rules for using the Resources:
    1.1. Unless otherwise stipulated, the Resources on the MVM Website are made available under the Creative Commons Attribution 3.0 Poland License. The Users of the MVM Website are allowed to use, distribute, copy, edit and remix the Resources freely, provided that their authors, sources and the website address http://muzea.malopolska.pl/ are indicated.
    1.2. The Users of the MVM Website are allowed to use freely the Resources classified as the public domain, provided that their authors (if known), their name, the source of the exhibit and the website address http://muzea.malopolska.pl/ are indicated.
    1.3. The Users of the MVM Website are not permitted to copy, distribute, modify or use commercially the Resources classified as all rights reserved. In order to use such a Resource freely, it is necessary to obtain in advance the consent of the right holders. Without such  consent, these Resource may be used to the extent of fair use of protected works, provided for in the provisions (Section 3) of the Act of 4 February 1994 on Copyright and Related Rights (Dz. U. [Journal of Laws] of 1994, No. 24, item 83 as amended).
  2. Detailed Rules for using the Resources:
     

2.1.Using the Resources for personal purposes

2.1.1. Resources classified as Public Domain

The Resources to which economic copyrights have expired (at least seventy years have passed since the death of their author, the last of their co-authors or the date of the work publication or establishment) or which are not works within the meaning of the Act on Copyright (e.g. geological exhibits, official documents and materials) have been classified in this manner.
They can be copied and distributed freely with the use of any medium and format, as well as adapted - remixed and edited, and new works can be created on their basis for any purpose (for personal use).
When using the Resources from the public domain, please bear in mind the moral copyrights and mark the used Resources in accordance with the following pattern:

a) sample wording in the case where the economic copyrights have expired:

[name/pseudonym of the author of the Resource (or information: author unknown)], [name of the Resource], exhibit from the collection of [name of the museum from which the Resource comes], digitalisation: Regional Digitalisation Workshop MIC, Małopolska’s Virtual Museums Project, public domain

b) sample wording in the case where the Resource is not a work, e.g. geological exhibits:

[name of the Resource], exhibit from the collection of [name of the museum from which the Resource comes], digitalisation: Regional Digitalisation Workshop MIC, Małopolska’s Virtual Museums Project, public domain

2.1.2. Resources classified as Creative Commons - Attribution 3.0 Poland License (CC-BY 3.0 PL)

In this manner are classified the Resources protected by copyright to which MIC has acquired full copyrights and which are shared under the CC-BY 3.0 PL License or to which MIC has acquired relevant rights to share them under this license.
They may be copied and distributed freely with the use of any medium and format, as well as adapted - remixed and edited, and new works can be created on their basis for any purpose.
The Resource may be used provided it is marked in accordance with the following pattern (sample wording):
Małopolska Institute of Culture in Kraków, license CC-BY 3.0 PL, creativecommons.org/licenses/by/3.0/pl/

2.1.3. Resources classified as “All rights reserved
 

The Resources protected by copyright to which MIC does not have full copyrights have been classified in this manner. In order to use such a Resource freely, it is necessary to obtain the consent of the right holders (museums, heirs, private collectors, etc.).
Without the consent of the right holders, the Resources may be used free of charge in a restricted way, within the framework of the so-called fair public and personal use under the provisions of the copyright law. To the extent of fair use, the Resources may be used, provided that the full name of their creator and their source are mentioned. Please note that when providing this information, the existing technical capabilities and rationality of this requirement in a particular situation should be taken into account. However, the fair use may not violate the “normal use of the work or harm rightful interests of the author”.

2.1.3.1.Fair personal use

Everyone may do the following free of charge and without asking the copyright holders for their consent:
- download and copy the Resources for their own purposes (without the right to publish),
- copy the Resources for their own use and for the use of their close relatives (family, friends - it is not allowed to share or distribute copies, studies and modifications beyond this circle of people, e.g. in an open profile in a social network or in a public blog).
The Resource may be used provided it is marked in accordance with the following pattern (sample wording):
© [name of the Resource], [name/pseudonym of the author of the Resource (or information: author unknown)] [name of the holder of the rights to the Resource]

2.1.3.2.
Fair public use - quotation

All Resources, both texts and pictures, as well as videos posted on the MVM Website may be quoted in other works. Minor works (such as photos and short texts) may be quoted as whole pieces. Longer works - only in fragments.
Quoting terms:
a) it must be recognizable,
b) its authorship and source must be clearly marked in each case,
c) its use must be justified by the objective: it shall serve explaining or teaching, a critical analysis or laws of the work genre (e.g. parody),
d) it shall have an ancillary function: it should complete and enrich the work and shall not replace it.

When the Resources posted on the MVM Website are quoted, they should be marked in the following way (sample wording):
[name of the author of the Resource (work)], [name of the Resource], source: Małopolska’s Virtual Museums

2.1.3.3.Research and teaching

Research and educational institutions may use the Resources protected by copyright for educational purposes and for the purpose of conducting their own research. On this basis, teachers may show entire films during lessons or copy fragments of any work (video, text) for their students.

2.1.3.4. Use of the Resources for the needs of people with disabilities

Within the framework of fair public use, it is allowed to prepare and distribute, for non-commercial purposes, copies and adaptations of works in order to make it easier for or enable the disabled to become familiar with them. For example, it is allowed to prepare an audiobook - an adaptation of a book for the needs of the blind and visually impaired.

Provisions of the copyright law also provide for other exceptions and limitations to copyrights. In these Terms of Use, only those matters which are of the greatest importance in terms of using the MVM Website are mentioned.

2.2.Using the Resources for commercial purposes

2.2.1.Resources classified as “Public domain”
They may be used in a commercial way provided they are marked in accordance with the following pattern:

a) sample wording in the case where the economic copyrights have expired:

[name/pseudonym of the author of the Resource (or information: author unknown)], [name of the Resource], exhibit from the collection of [name of the museum from which the Resource comes], digitalisation: Regional Digitalisation Workshop MIC, Małopolska's Virtual Museums Project, public domain

b) sample wording in the case where the Resource in not a work, e.g. geological exhibits:

[name of the Resource], exhibit from the collection of [name of the museum from which the Resource comes], digitalisation: Regional Digitalisation Workshop MIC, Małopolska's Virtual Museums Project, public domain

2.2.2. Resources classified as “Creative Commons Attribution 3.0 Poland License (CC-BY 3.0 PL)”
They may be used provided they are marked in accordance with the following pattern (sample wording):
Małopolska Institute of Culture in Kraków, license CC-BY 3.0 PL, creativecommons.org/licenses/by/3.0/pl/

2.2.3. Resources classified as “All rights reserved”

They shall not be used commercially without the consent of the right holders (museums, heirs, private collectors, etc.). It is required to obtain a consent of the right holders mentioned above; it is not necessary to obtain the additional consent of MIC.

  1. In the case of an infringement on the copyright, the provisions of the Act of 4 February 1994 on Copyright and Related Rights (Dz. U. [Journal of Laws] of 1994, No. 24, item 83 as amended) and the provisions of the Civil Code shall apply.
  2.  Users posting any content (texts, illustrative materials, etc.) on the MVM Website shall declare that the content is free from physical and legal defects, as well as claims of third parties, and that they have all rights and consents required by the applicable laws, in particular economic copyrights and the right to use the image and to share the content on the MVM Website, and that this will not violate any rights or property of third parties, and they also shall declare that the content and the form of the content do not violate any applicable laws. Thus, the User shall grant MIC a non-exclusive license to distribute the content placed by the User on the MVM Website.

III. Safety on the MVM Website

  1. MIC shall provide appropriate security measures to prevent and minimize the risk of unauthorized access by third parties.
  2. To use the services of the MVM Website, the User should have a device with access to the Internet and a browser of Internet resources capable of displaying Web pages.

IV. Information on the Users collected by MIC

  1. When the User visits pages of the MVM Website, information in the form of a “cookie” text file may be placed on the User's computer for some time to enable computer identification. The placed file enables the collection of certain information about the User's computer on a hard drive (e.g. about the operating system of the computer, browser type, Internet protocol address [IP]). The use of cookies shall provide the Users with facilities as regards the proper adaptation of Web pages to their needs, remembering their preferences and individual settings, as well as creating audience statistics.
  2. At any time, the Users may disable the option of accepting cookies in their Web browser. Disabling this feature may cause some difficulties in using the full functionality of the MVM Website and, in some cases, it may prevent use of  the MVM Website.
  3. Detailed information on the possibility and ways of using “cookie” files is available in the software (Web browser) settings. More information on “cookies” is available at http://wszystkoociasteczkach.pl/.
  4. MIC shall collect IP numbers of computers in access logs. The collected data shall be used for administrative purposes and statistical analyses of the Users.
  5. Data provided during the online registration on the MVM Website shall be collected in the target database in order to use the advanced features of the MVM Website. The data shall be stored until the time of  possible resignation of the User. Part of the collected data shall be used for statistical analyses of the Users.
  6. When using selected forms of activity on the MVM Website, for example games and theme paths, the User may be asked to provide data necessary to execute the selected functions of the MVM Website. The collected data shall be used to enable the initiation of the functionalities of the MVM Website and for statistical purposes.
  7. The Users shall have the right to access and edit the data they have provided.
  8. At any time, the Users may request that their account or data be deleted, which may result in disabling part of the functionalities of the MVM Website.

V. Newsletter

  1. The Users may inform us that they wish to receive via email information, promotional or advertising materials relating to the MVM Website or goods and/or services offered by the MVM Website (“Newsletters”). The User does not need to open an account on the MVM Website to subscribe to or unsubscribe from the Newsletter.
  2. Entering the User's email address in the form available on the home page of the MVM Website and accepting these Terms of Use shall be tantamount to granting consent to MIC sending the Newsletters to the User. The Users must confirm their subscription by using a link contained in an email sent to the email address they have provided.
  3. Contents of the Newsletters shall be protected by law, in particular the provisions of the Act of 4 February 1994 on Copyright and Related Rights (Dz. U. [Journal of Laws] of 1994, No. 24, item 83 as amended). The User shall not be entitled to use the content of the Newsletters for any purpose other than to read their content.
  4. Cancellation of the service requires a connection to the MVM Website. The Users may cancel the subscription by entering their email address into the form they used when subscribing to the Newsletter and by checking the item “Unsubscribe”. The Users must confirm cancellation of their subscription by using a link contained in an email sent to the email address they have provided.

VI. Final Provisions

  1. MIC shall reserve the right to amend these Terms of Use at any time.
  2. MIC and the Museums whose selected Resources are presented on the MVM Website, as well as all those who have contributed to the creation and sharing of the collection, have made every effort to determine the legal status of the Resources available on the MVM Website. However, we do not guarantee that all the Resources are free from intellectual property rights of third parties (such as trademarks, protection of databases). When using the Resources for commercial purposes, you agree that neither MIC nor the Museums mentioned above nor any other persons shall be liable for the unlawful use of the Resources placed on the MVM Website or their use in violation of rights of third parties.
  3. MIC shall not be liable for the unlawful use of the Resources placed on the MVM Website or their use in violation of rights of third parties.

This document has been developed together with Centrum Cyfrowe Projekt: Polska.