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Terms and conditions - Zabytek.pl

Terms and conditions

Chapter I

General Provisions

§ 1

Terms and Conditions of the ZABYTEK.PL Portal, hereinafter referred to as “Terms and Conditions”, define the conditions of use of the tools, functionalities, and data available on the IT platform available at the address https://zabytek.pl. Using the resources of the ZABYTEK.PL Portal is equivalent to accepting this Terms and Conditions without limitations and reservations.

§ 2

The terms used in the Terms and Conditions are defined as follows:

  1. NID – a governmental cultural institution – the National Institute of Cultural Heritage;
  2. ZABYTEK.PL Portal – hereinafter referred to as NID Portal – an IT system maintained and administered by NID, available at the Internet address https://zabytek.pl;
  3. NID map portal – an access point, created and maintained by NID, to the services referred to in Article 9(1) of the Act of 4 March 2010 on Spatial Data Infrastructure (consolidated text Journal of Laws of 2021, item 214) in the scope of the topic of spatial data – protected areas, in the part concerning immovable monuments within the meaning of the Act of 23 July 2003 on the Protection and Care of Monuments (consolidated text Journal of Laws of 2020, item 282, as amended), available at the Internet address http://mapy.zabytek.gov.pl;
  4. CUMULUS – a web application integrated into the NID Portal, enabling the user to browse and interact with data comprising clouds of points, including elevation data and data coming from 3D terrestrial laser scanning;
  5. WIKI LIKES MONUMENTS – an open photographic competition organised in Poland in the years 2011–2014 by the Wikimedia Polska Association, whose aim was to take photographs of as many objects having status of an immovable monument and entered to the register of monuments as possible. NID held patronage over the competition; selected resources in the form of photos are used on the NID Portal.
  6. OSM – OpenStreetMap – a global project of the Internet community aimed at creating a free-of-charge and freely available world map;
  7. NID Repository – an IT system used to store, search, and publish on the NID Portal digital files containing digitalised images of monuments along with metadata;
  8. Spatial data infrastructure – spatial datasets described with metadata and services, technical measures, processes, and procedures related to them. It includes spatial datasets occurring in electronic form relating to the territory of the Republic of Poland or connected thereto;
  9. Spatial data – data relating directly or indirectly to a specific geographic location or area;
  10. Spatial data on monuments – data rendered available by NID as part of the implementation of the obligations defined in the Act of 4 March 2010 on the Spatial Data Infrastructure in the scope of the topic of spatial data – protected areas, in the part concerning immovable monuments within the meaning of the Act of 23 July 2003 on the Protection and Care of Monuments. These data concern monuments entered into the register of monuments in books A and C, monuments deemed to be Monuments of History, and sites entered into the UNESCO World Heritage List; Apart from the abovementioned protected areas, NID also makes available spatial data of facilities entered into the national inventory of monuments as well as the inventory of wartime graves and graveyards, as a result of implementation of the project titled “Digitalisation and making available of digital cultural property - monuments as well as wartime graves and graveyards”
  11. Monument images – digital files (e.g. text files, graphic files, 3D-PDF files, digital photographs, architectural documentation presented as vectors, 3D models, clouds of metric measurement points, videos, etc.) concerning monuments, containing descriptive, visual, and metric data of documentary and/or educational value;
  12. Monument image metadata – information describing collections of monument images or single monument images;
  13. User – any entity using resources and functionalities of the NID Portal.
  14. Documentation – digital representation of analogue resources at the NID’s disposal, concerning the facilities entered into the National Inventory of Monuments (immovable monuments and archaeological sites), wartime graves and graveyards’ record cards collected by Voivodeship Offices, as well as Decrees of the President of the Republic of Poland on the recognition as Monument of History.
  15. POPC Project – a project titled “Digitalisation and making available of digital cultural property – monuments as well as wartime graves and graveyards” (project no. POPC.02.03.02-00-0017/18), to the execution of which NID has received a grant from the European Regional Development Fund as part of Measure 2.3 Digital accessibility and usability of public sector information, Sub-measure 2.3.2 Digital sharing of cultural resources of the Operational Programme Digital Poland 2014-2020. The project execution takes place between January 2019 and January 2022.

The main objective of the Project is to digitalise resources concerning monuments and wartime graves and graveyards in Poland, representing the cultural heritage of the country, and to establish an integrated system for the purpose of collecting and making them available to the public through the portal, with a goal of further utilisation and re-use in a user-friendly manner. The Project will contribute to enriching the knowledge about monuments and wartime graves and graveyards in Poland and to improving their protection.

§ 3

The User of the NID Portal is obliged to use it in a manner compliant with the applicable law, social and moral standards, and the provisions of these Terms and Conditions.

§ 4

The objectives of the NID Portal include in particular:

  1. increasing social awareness in the scope of the monuments present in Poland;
  2. implementation of some of the tasks in the scope of the topic of spatial data – protected areas, in the part concerning immovable monuments within the meaning of the Act of 23 July 2003 on the Protection and Care of Monuments, resulting from the provisions of the Act of 4 March 2010 on Spatial Data Infrastructure;
  3. promotion and popularisation of cultural heritage in Poland;
  4. supporting public administration bodies in the implementation of tasks connected with the protection of monuments;
  5. involving members of local communities in the preservation of historic monuments and guardianship of monuments as well as in co-creating the content available on the NID Portal;
  6. publishing the POPC Project results.

Chapter II

Types and Scope of Provided Services

§ 5

The scope of services rendered available on the NID Portal includes:

  1. monument image search service – which means searching collections of monument images stored in the NID repository on the basis of metadata corresponding to them. An example of such metadata are, inter alia: name, chronology or function of the structure, administration unit;
  2. monument documentation search service – which means searching documents stored in the NID repository on the basis of metadata corresponding to them. An example of such metadata are, inter alia: document type, document preparation date, administrative affiliation;
  3. monument image browse service – which means displaying of collections of monument images stored in the NID repository;
  4. monument description document browse service – which means displaying and downloading documents prepared as part of the POPC Project, stored in the NID repository;
  5. monument 3D image view service – which means displaying and interacting, with the use of a dedicated tool, CUMULUS, used to publish data including clouds of points acquired from laser scans, and displaying and interacting with 3D models with the use of a dedicated tool;
  6. user account creation service – which means enabling Users to create personalised accounts with assigned attributes, avatars, possibility of adding photos and descriptions of objects, marking the objects, tours, collections and documents as favourite, creating tours and notes;
  7. monument image and description storage service – which means searching and displaying of collections of monument images and descriptions created by registered Users and stored in the NID repository;
  8. tour route designing service – which means creating tour routes and suggested methods of reaching particular sites as well as saving them on the NID Portal by registered Users;
  9. emergency notification to the monuments preservation officer service – which means making available of the mechanism that allows submitting a direct notification of the observed threats that can act to the detriment of the monument value to competent monument protection authorities by registered Users;
  10. giga-panorama monument image browse service – which means displaying photos in the form of 360° panoramas stored in the NID repository.

Chapter III

Types and Scope of Data Published on the NID Portal

§ 6

  1. Data gathered and stored on the NID Portal are divided into:
    1. data made available through the NID Map Portal;
    2. data made available through the Google Maps portal and Google Street View service;
    3. data including clouds of points published with the use of CUMULUS tool;
    4. data including MESH models published through the Sketchfab portal;
    5. data made available with the use of the monument image search and view services;
    6. data made available with the use of the monument documentation search and view services;
    7. data including films published through the YouTube portal;
    8. OSM data and services published by the Main Office for Geodesy and Cartography used on the NID Portal as a general geographic content based on which monuments from Poland are presented. The data source is unambiguously indicated in the method getCapabilities of the service;
    9. data retrieved from the openmaptiles.org portal;
    10. data retrieved from the NID resources, including photos and descriptions of monuments, collections and descriptions of proposed tour routes. The data are made available under the CC BY-NC-ND 3.0 licence.
    11. data retrieved from the resources of the competition WIKI LIKES MONUMENTS, presenting photographs of monuments. Descriptive information concerning names of monuments, their dating and location come from NID data. WIKI photos are made available under the CC BY-SA 3.0 licence.
    12. data retrieved from registered Users, including photos and descriptions of monuments and descriptions of proposed tour routes. Descriptive information concerning names of monuments, their dating and location come from NID data. Users’ photos are made available under the CC BY-SA 3.0 licence.
    13. digitalised documentation covering the National Inventory of Monuments maintained by NID;
    14. digitalised documentation covering the Inventory of Wartime Graves and Graveyards maintained by Voivodeship Offices. These documents are in the public domain.
    15. Decree of the President of the Republic of Poland on the recognition as a Monument of History. These documents are in the public domain.
    16. The NID Portal may contain links to other websites than indicated in paragraph 1, managed by third parties, and in particular to other spatial data infrastructure nodes.
  2. The User uses links to websites managed by third parties at the User’s own risk. NID shall not be held liable in any way whatsoever for reliability, validity, completeness, and availability of data and data services contained on pages accessible through the NID Portal.

§ 7

Data made available on the NID Portal are structured into the following data sets:

  1. immovable monuments – a data set containing data relating to monuments entered into book A of the register of monuments and entered into the National Inventory of Monuments, gathered on the basis of copies of administrative decisions on entries into the register of monuments or into documents of the National Inventory of Monuments, sent by relevant regional monument preservation officer to NID. Source documentation for the data contained in this data set is constituted by duplicates or copies of decisions on an entry to the register of monuments and records included in the collection of the archives of the National Inventory of Monuments, stored at NID. NID shall not be held liable for the validity of data made available and the compliance of the legal state resulting from them with the existing factual state;
  2. archaeological monuments – a data set containing data relating to monuments entered into book C of the register of monuments and entered into the National Inventory of Monuments, gathered on the basis of copies of administrative decisions on entries into the register of monuments or into documents of the National Inventory of Monuments, sent by relevant regional monument preservation officer to NID. Source documentation for the data contained in this data set is constituted by duplicates or copies of decisions on an entry to the register of monuments and records included in the collection of the archives of the National Inventory of Monuments, stored at NID. NID shall not be held liable for the validity of data made available and the compliance of the legal state resulting from them with the existing factual state;
  3. structures deemed to be Monument of History – a data set including data relating to structures deemed by the President of the Republic of Poland to be monument of history, gathered on the basis of regulations of the President of the Republic of Poland on deeming a structure a monument of history. Source documentation for data contained in this set is constituted by relevant regulations of the President of the Republic of Poland on deeming a structure a Monument of History;
  4. structures entered to the World Heritage List – a data set including data relating to structures from Poland entered to the UNESCO World Heritage List. Source documentation for data contained in this set is constituted by relevant applications for entering a structure to the World Heritage List;
  5. Wartime graves and graveyards – a collection including data concerning sites entered into the inventory of wartime graves and graveyards maintained by Voivodes, referred to in Article 5a of the Act of 28 March 1933 on wartime graves.

Chapter IV

Conditions/Principles of Use of Data and Services by Users

§ 8

  1. Access to the services referred to in Article 5 of the Terms and Conditions, and to the data referred to in Article 6 of the Terms and Conditions is public and free of charge, subject to the provisions of the Terms and Conditions.
  2. Works (digital images of monuments, descriptions of monuments, 3D models of monuments, collections, tour routes and other) made available on the access page of the NID Portal are NID’s property and are subject to legal protection pursuant to the Act of 4 February 1994 on Copyright and Related Rights (consolidated text, Journal of Laws of 2019, item 1231, as amended), subject to paragraph 3.
  3. Copyrights to some works (digital photographs and descriptions of monuments) are owned by third parties, of which relevant icons shall inform, designating, for example, the type of Creative Commons licence assigned to a given work. In such cases, authors of individual works are indicated in the description of individual works available on the NID Portal.
  4. As regards the documentation of the National Inventory of Monuments in the part related to archaeological monuments, viewing and downloading documentation is preceded by authorisation requirement through the ePUAP account.

 

As regards the documentation of the National Inventory of Monuments in the part related to immovable and archaeological monuments, personal data perpetuated in the contents of materials are masked to respond to the requirements of the personal data protection as resulting from the Act of 10 May 2018 on personal data protection.

§ 9

  1. The User has the right to use resources from the NID Portal in accordance with the provisions of the Act of 4 February 1994 on Copyrights and Related Rights as well as in accordance with the principles and in the scope of the use fields defined in detail in individual Creative Commons licences relating to individual works make available on the NID Portal, in the wording applicable as at the moment of using NID Portal resources. Information about the type of licence relating to a given work is placed in the “Licence” tab on the main page of each monument – in the form of Creative Commons signatures, and in the case of photographs from the gallery – each time in the left-hand upper corner over the photographs, along with a link to the Creative Commons website relating to relevant licence. The User has the right to use NID Portal resources only for non-commercial and non-profit-making purposes, unless it is stipulated otherwise in the content of the Creative Commons licence relating to a given work made available in the NID Portal.
  2. The User has the right to use data containing clouds of points published with the use of the tool CUMULUS in line with the principles of Creative Commons licences: Attribution–On the same terms and conditions 3.0 Unported (CC BY-SA 3.0).
  3. Any use by the User of the works made available on the NID Portal access page in a field of use not covered with the Creative Commons licence corresponding to given works each time requires obtaining a written NID’s approval - as regards works being the property of NID or a relevant third party - as regards works referred to in Article 8(3).

§ 10

The IT system and the functional layout of the NID Portal, its visual creation, NID logo and other graphical elements, are subject to legal protection pursuant to the provisions of the Act of 4 February 1994 on Copyright and Related Rights and the Act of 27 July 2001 on the Protection of Databases (consolidated text Journal of Laws of 2021, item 386).

§ 11

When using NID Portal resources it is forbidden to:

  1. use viruses, bots, worms, or another computer code, scripts, or software which interrupt, destroy, or limit the operation of the NID Portal or technical infrastructure connected with the NID Portal, or in another way make it impossible to use or access the NID Portal’s technical infrastructure,
  2. use computer code, scripts, or software automating the downloading of data and use of services made available through the NID Portal.

Chapter V

Supplementing data gathered and made available on the NID Portal with data coming from external entities

§ 12

  1. NID makes it possible to supplement data gathered and made available on the NID Portal with data coming from external entities, including clouds of points acquired with laser scanning, mesh models and 360° panoramic photos of monuments in Poland.
  2. External entities (natural persons, legal persons, or other organisational units without legal personality), interested in rendering data owned by them, referred to in paragraph 1, available on the NID Portal, are asked to fill out and send by e-mail to the address kontakt@zabytek.pl a Statement the template of which constitutes an appendix to these Terms and Conditions. The Statement in the form of an electronic document is available on the NID Portal.
  3. Making available data referred to in paragraph 1 on the NID Portal is possible if the following conditions are jointly met:
    1. a correctly filled-out Statement has been sent to kontakt@zabytek.pl;
    2. the following source data have been delivered to the NID through electronic transmission or on a portable drive:
       
      • clouds of points in the .pts, .ptx, or .E57 format with recorded point coordinates, RGB values, and intensity;
      • Textured mesh models in the form of an OBJ file, with a maximum weight of 200 MB;
      • 360° panoramic photos in the form of JPEG files, with a minimum definition of 10000x5000 px.
      • Metadata describing a supplier
    3. consent has been granted by NID for the publication on the NID portal the data provided in accordance with the principles governing presentation of clouds of points published with the use of the tool CUMULUS (licence CC BY SA 3.0).
  4. The data referred to in paragraph 1 to be published on the NID Portal shall be provided free of charge. The publication of the data takes place free of charge, under the licence CC BY SA 3.0.
  5. NID reserves the right to make necessary modifications in the data provided (e.g. to clean, denoise, filter, limit the number of published cloud points, reducing the image definition), required to enable correct presentation of the data on the NID Portal.
  6. NID also makes it possible to supplement data gathered and made available on the NID Portal with data coming from external entities, including images and descriptions of monuments represented on the NID Portal in a simplified way only, pursuant to paragraph 7-9 below.
  7. A precondition for supplementing the data is creating a NID Portal User account and accepting the NID Portal Terms and Conditions. Moreover, in order for the data to be published, it is necessary for the User to indicate an author (authors) of the published data and to hold proprietary copyrights to these data or to have been given consent of an entity holding these rights to publish the data on the NID Portal, pursuant to these Terms and Conditions. Publication of data on the NID Portal is tantamount to the User’s statement that they meet the requirements indicated in the preceding sentence and that the use of data on the NID Portal does not infringe third party copyrights. As a result of the above statement, the User shall accept the responsibility, and in the case of claims being filed by persons holding copyrights the User shall indemnify NID, at the same time obliging to satisfy legitimate claims of the said persons.
  8. The data published on the NID Portal must not be of a commercial nature, in particular they must not represent an invitation to purchase certain goods or services.
  9. NID reserves the right to verify the supplemented data referred to in paragraph 6 above in terms of their substance-related correctness or compliance with the law or the Terms and Conditions and, should such need arise, to introduce necessary modifications of the transferred data to allow their proper presentation on the NID Portal or to remove the data introduced to the NID Portal in whole or in part.

Chapter VI

Final Provisions

§ 13

NID shall not be liable for lack of access to the NID Portal due to reasons beyond NID’s control.

§ 14

For security reasons and for any other reasons beyond its control, NID has the right to temporarily suspend access to the NID Portal.

§ 15

  1. Subject to restrictions resulting from generally applicable law provisions, NID shall not be liable in any manner whatsoever to the Users for any losses or damages that can occur in relation to the NID Portal, its use or in connection with faulty operation, errors, deficiencies, interruptions, defects, delays in data transmission, computer viruses, failure of a line or IT system or failure to abide by the Terms and Conditions by the User.
  2. Moreover, NID shall not be liable in any manner whatsoever for any losses or damages that can occur in connection with posting or disseminating data referred to in § 6 of the Terms and Conditions, resulting from the inconsistency of those data with the factual state.

§ 16

The Terms and Conditions shall apply as of the day of their publishing, i.e. as of 28.04.2021.

§ 17

In matters not regulated under these Terms and Conditions, the provisions of applicable law shall apply, including in particular provisions of the Act of 17 May 1989 – Surveying and Cartographic Law, the Act of 4 March 2010 on Spatial Data Infrastructure, the Act of 17 February 2005 on Computerisation of the Activity of Entities Performing Public Tasks, the Act of 4 February 1994 on Copyright and Related Rights, the Act of 23 July 2003 on the Protection and Care of Monuments, regulation of the Minister of Culture of 26 May 2011 on maintenance of the register of monuments, national, voivodeship, and commune inventory of monuments, and the national list of monuments stolen or illegally exported, the Act of 27 March 2003 on Spatial Planning and Development, and the Civil Code.

§ 18

The Terms and Conditions may be changed at any time and scope. The changes shall be applicable as of the moment of publishing them on the NID Portal.

§ 19

Contact with portal administrators is possible via a contact form at the address https://zabytek.pl/pl/kontakt