The following Terms and Conditions govern the access and use of the content of the website with the domain name “ artclick.bg” (hereinafter “Portal”). The Portal was created and developed in public-private partnership between the Ministry of Culture of Republic of Bulgaria (hereinafter referred to as the Ministry of Culture or the Ministry) in its capacity of government representative and the following rightholders representatives – partners of the Ministry:
- - Association for Protection of the Legal Distribution of Programs – TeRaPro (members of TeRaPro are: BTV MEDIA GROUP; VIVACOM BULGARIA; A1 BULGARIA; NOVA BROADCASTING GROUP and THE WALT DISNEY COMPANY BULGARIA), in its capacity of representative of the major stakeholders on the market of TV content distribution;
- - Association of Bulgarian Radio and Television Broadcasters – ABBRO, in its capacity of the most representative media organization in Bulgaria that brings together commercial media service providers;
- - Bulgarian Association of the Music Producers – BAMP, in its capacity of an organization whose members are outstanding Bulgarian Producers of sound recordings and music videos;
- - Bulgarian Book Association in its capacity of the only representative organization of book publishers, traders and agents in Bulgaria
- - Hristina Georgieva, PhD in IP Law, member of Sofia Bar Association, in her capacity of representative of the gaming and entertainment industry.
The portal constitutes the official national portal of Agorateka: The European Online Content Portal. Agorateka is the pan-European portal of the European Union Intellectual Property Office (EUIPO), that was created under the initiative of the European Observatory on Infringements of Intellectual Property Rights.
Agorateka is an online platform that brings together the national portals of the EU Member States. Its main purpose is to provide sources of legal content – TV shows, movies, music, sports, books and etc. Agorateka and the Portal aim to offer users the possibility at national level to search and find easily and quickly creative content, which is legally made available online.
Ι. Acceptance of the Terms and Conditions
In order to use the content from the Portal, you must first accept the following Terms and Conditions. By providing your agreement, you commit to comply and in case of disagreement with the Terms and Conditions either partially or totally, you must immediately cease any use of the Portal. Please, dedicate time to read carefully to the end.
ΙΙ. Amendments of the Terms and Conditions
The Portal has the right to amend the Terms and Conditions at any time without giving prior notice. This may be done for different purposes, such as compliance with the relevant legislative amendments or other requirements of legal or technical manner. In such cases the changes in the Terms and Conditions will take place without notification and their final version will be published on the webpage “artclick.bg”. In case you do not agree with the amended Terms and Conditions, please do not use the Portal or any information or service herein. In case you continue to use the Portal, this implies your express and unconditional acceptance of the amendments.
ΙΙΙ. Personal Data Protection
In its capacity of national portal of Agorateka, the Portal follows the EUIPO policy on personal data protection as well as all other requirements of the European and Bulgarian legislation.
ΙV. Intellectual Property Rights
The Portal and its content, including text displays, logos, trademarks and images are protected by copyright and other IP rights. The users shall not copy, download or distribute by any means and in any form the protected content of the Portal. Users cannot obstruct the functionality of the Portal. The malicious intervention by any technical or other means is prohibited.
V. Inclusion and removal of content in the Portal
In case a third party out of the entities pointed in the Preambule wishes its content to be included on the Portal, this third party has to submit a notice to the Ministry of Culture. The notice can be submitted to the email provided in the menu „Contacts“ of the Portal. The following information must be provided in the notice:
- - name of the legal entity or person that owns the rights over the content;
- - seat and registered tax address of the legal entity
- – this information has to be submitted even if the seat of the legal entity is the same as the address for tax purposes;
- - the specific rights owned by the third party;
- - evidence for ownership over the rights;
- - the IP address from which it streams the content.
Upon receipt of the notice, the Ministry of Culture will check if the notice is in accordance with the above criteria and will render its decision accordingly within one month time limit. The time limit is instructive and may be extended if the latter is necessary. The Ministry will notify the third party for the rendered decision. In case the notice and or its attached documents do not meet the criteria pointed above, the Ministry will give the third party instructions to correct the inconsistencies in two weeks time limit. In case the inconsistencies are not corrected in this time limit, the Ministry will reject the notice.
In case you detect creative content in the third parties websites that do not fulfill the legal criteria or for which there is legal or other type of dispute, you can send a complaint to the Ministry of Culture via the complaint’s form. The complaint’s form can be found in the menu “Contacts” of the Portal. You must attach the relevant evidence backing your complaint in Bulgarian or English language. After the complaint is submitted, the Ministry will examine the facts and the evidence presented by you and will decide if the relevant link to the disputed content will be removed. You will receive the decision on the email from which you have sent the complaint. The decision will be in Bulgarian ot English language, depending on the language you have filed the complaint.
VI. Limitation of Liability
The Ministry of Culture and its partners make every effort in order to keep the Portal up-to-date and running smoothly. However, the Ministry and its partners bear no responsibility and cannot be deemed liable for the functionality of the Portal or for the provided links being temporarily unavailable due to technical or other issues. The Ministry of Culture and its partners make no warranties that the services and the content will be provided uninterruptedly, without errors and that malfunctions of any software provided to the users will be corrected. The Portal contains links to other websites, which have been created by third parties, with the only purpose of facilitating the users with their search of legal content. The Ministry of Culture and its partners make no warranties of any type and bear no responsibility as to the completeness, accuracy, reliability, quality, suitability, availability, personal data policy and security of the websites provided by the Portal. The partners are liable only for their own websites for which they have provided links in the Portal. Providing links via the Portal to other websites will not be considered in any way a recommendation, approval/acceptance and/or warranty for any third parties and/or for the content, products or services that they provide via the above-mentioned websites. The Ministry of Culture and its partners will bear no liability for incidental or consequential damages and will take no responsibility, including financial, for any loss or damages suffered by you or by any third person as a result of the use of the Portal. The Portal is for information purposes only and any use, adaptation or misuse by you of any of the information or content on the Portal will be made at your own risk.
VII. Third party links
The access to the third parties’ websites provided by the links in the Portal takes place only under your responsibility and at your own risk. Each of the
Portal links direct to a different website and the visit to this website and the use of its content is subject to its Terms of use. The links on the Portal provide access to third party’s websites and all the content on these websites belong exclusively to these third parties. The third parties are solely responsible for the management, protection and enforcement of the rights over their content. The Ministry of Culture bears no responsibility for the content provided by the third parties on their websites. The partners are liable only for the content on their own websites for which they have provided links in the Portal.
VIII. Jurisdiction and applicable law
The following Terms and Conditions will be governed by the laws of Bulgaria and the EU. Any dispitues that may arise with regard to the following Terms and Conditions will be resolved by the competent Bulgarian court in accordance with the Bulgarian legislation.