Terms and Conditions of the portal ZABYTEK.PL of the National Heritage Board of Poland

Chapter I

General Provisions

§ 1

Terms and Conditions of the Portal ZABYTEK.PL, 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 http://zabytek.pl. Using the resources of the Portal ZABYTEK.PL 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 Heritage Board of Poland;
2. Portal ZABYTEK.PL – hereinafter referred to as NID Portal – an IT system maintained and administered by NID, available at the Internet address http://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 (Polish Journal of Laws No. 76, item 489, as amended) in relation to 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 (Polish Journal of Laws of 2014, item 1446, 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 creation of a free-of-charge, 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 to the register of monuments in books A and C, monuments deemed to be Monuments of History, and sites entered to the UNESCO World Heritage List;
11. Monument images – digital files (e.g. text files, graphic files, 3D-PDF files, digital photographs, 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.

§ 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.

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 image browse service – which means displaying of and navigation in collections of monument images stored in the NID repository;
3. 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.

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 on the NID map portal and via Google Maps services;
2. data including clouds of points published with the use of CUMULUS tool;
3. data made available with the use of the monument image search and view services;
4. OSM data used on the NID Portal as a general geographic content based on which monuments from Poland are presented. OSM data are presented in the form of a standard WMS service on the NID map portal. The data source is unambiguously indicated in the method getCapabilities of the service;
5. data coming 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 CC BY-SA 3.0 licence.

2. 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. 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 to book A of the register of monuments, gathered on the basis of copies of administrative decisions on entries to the register of monuments, sent by relevant voivodeship monuments inspectors 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. immovable archaeological monuments – data set containing data relating to monuments entered to book C of the register of monuments, gathered on the basis of copies of administrative decisions on entries to the register of monuments, send by relevant voivodeship monuments inspectors 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.

Chapter IV

Conditions/Principles of Use of Data and Services by Users

§ 8

1. Access to the services referred to in §5 of the Terms and Conditions, and to the data referred to in §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, 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 on Copyright and Related Rights (consolidated text Polish Journal of Laws of 2016, item 666), subject to paragraph 3.
3. Copyrights to some works (digital photographs 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.

§ 9

1. The User has the right to use resources from the NID Portal in accordance with the provisions of the Act 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.  

§ 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 (Polish Journal of Laws, No. 128, item 1402, as amended).

§ 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 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 foto@nid.pl a Statement whose specimen 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:

a) a correctly filled-out Statement has been sent to foto@nid.pl;

b) source data, clouds of points in the .pts, .ptx, or .E57 format with recorded point coordinates, RGB values, and intensity, have been delivered to the NID's headquarters through electronic transmission or on a portable drive;

c) 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).

1. The data referred to in paragraph 1 to be published on the NID Portal shall be provided free of charge.
2. 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), required to enable correct presentation of the data on the NID Portal.

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 15.07.2016.

§ 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.

ZABYTEK.PL portal is administered by the National Heritage Board of Poland. Enables to use digital resources of the National Heritage Board - to browse and view the monuments, to see themed collections, to obtain information on selected monuments, their characteristics, descriptions, history and location.

The portal does not automatically collect any information, except information stored in cookies. They identify the computer and browser data of the user, which enables us to remember your visits to the site and preferences concerning the use of the site (e.g. site language, layout, arrangement of content, etc.). Cookies enable the National Heritage Board of Poland to create anonymous statistics of portal visitors. Owing to this we can assess the actual interest in our portal, learn more about the expectations and preferences of users, understand the way they use the portal, which helps us improve our site. Data obtained in that manner are not in any way combined with user personal data.

The entity placing cookies on the terminal device of the user and obtaining access to it is the National Heritage Board of Poland with its registered office at Kopernika st. 36/40, 00-924 in Warsaw.

User may individually manage and block cookies using the browser settings. Blocking cookies may result in the loss of capacity to use some of the portal parts or available functions.