The present License Agreement (hereinafter referred to as the “Agreement”) shall be addressed to public at large and shall be a public offer in accordance with clause 2 of Article 437 of the Civil Code of the Russian Federation.
The present Agreement shall define the rights and obligations of the parties with regard to the participation in the International Photo Contest “The Russian Civilization” (hereinafter referred to as the “Photo Contest”) vested in both the Organizer and the Participant of the Photo Contest.
For the purposes of this Agreement, the following terms shall have the following meaning:
“Agreement” shall mean this License Agreement posted on the Internet at www.ruscivilization.ru, including all applications and the terms set forth herein.
“Photo Contest” shall mean the International Photo Contest “Russian Civilization” organized by the Federal Agency for the Affairs of Nationalities (FADH). The Photo Contest shall not be a lottery or other risk-based gambling. The Photo Contest shall not be aimed at profit-making.
“Organizer of the Photo Consent/Organizer ” shall mean the Federal Agency for the Affairs of Nationalities (FADH), including its affiliates, subsidiaries, representatives, successors, employees and managers.
“Web-site of the Photo Contest/Website ” shall mean the web-site located on the Internet at the following address www.ruscivilization.ru.
“Photos” shall mean photographic works, the exclusive right to which belongs to the Participant of the Photo Contest.
“Participant/Member” shall mean any physical person with full legal capacity, aged eighteen and above, who is a professional photographer or an amateur and who has passed the Registration procedure on the Website of the Photo Contest, accepted the terms of the Regulation on the International Photo Contest “Russian Civilization”, the terms and conditions of this Agreement and downloaded some photos for participation in the Contest in his/her Personal Account.
“Winner of the Photo Contest ” shall mean the Participant who has won the highest number of scores in any particular category, and/or who has received the Grand Prix of the Photo Contest and/or received the Audience Choice Award.
“Personal Account” shall mean a personal restricted block of the Participant on the Website of the Photo Contest, that the Participant enters by means of a unique username and password. The Personal Account contains the following information about the Participant: photo (optional), brief information about the Participant, information about the Photo: name assigned by the Participant, place where the photo has been made, year of shooting, brief history of the Photo or legend.
“Nonexclusive License ” shall mean a non-exclusive, royalty-free right to use the Photos of the Participant of the Photo Contest in the manner and on the terms set forth herein.
“Registration Form” shall mean an electronic form on the Website, which the Participant must fill out for the Registration on the Website.
“Registration” shall mean filling out a Registration Form on the Website by the Participant and providing the information required. Upon completion of the Registration procedure, the Participant of the Photo Contest shall understand and share the responsibility provided for herein.
The terms not defined herein shall have the meanings as assigned to them in the Civil Code of the Russian Federation (Part Four) and other laws and regulations of the Russian Federation.
1. GENERAL PROVISIONS
1.1. The Participant of the Photo Contest shall provide free of charge to the Organizer, on the basis of a simple (nonexclusive) license, the right to use the Photos in all countries of the world during the period of protection of the exclusive rights to the Photos in the following way:
- reproduction of the Photos, i.e. creation of one and more copies of the Photos or part thereof in any material form, creation in three dimensions of one or more copies of two-dimensional Photos. However recording of the Photos on an electronic medium, including fixation in the memory of a computer, shall also be considered as reproduction, except for cases when such record is temporary and is an integral and significant part of a technological process solely aimed at legally using the record or legally bringing the Photos to the notice of the general public;
- distribution of the Photos by means of alienation of the original or the copies;
- public display of the Photos, i.e. any showing of the original or copies of the Works directly or on a screen with the use of a film, transparency, television frame or other technical means, either directly or via technical at a place open for free attendance or at a place where a significant number of persons not belonging to the usual circle of a family is present, regardless of whether or not the Photo is perceived in the place of its demonstration or showing or in another place simultaneously with the demonstration or showing of The Photos ;
- import, export of the original or of copies of the Photos for the purpose of distribution;
- communication, i.e., communication (display) of the Photos to the public by television (including by way of retransmission), transmission on the Internet (online or in record), provided that in this case, communication means any action, by which the work becomes accessible for visual perception, regardless of its actual perception by the public.
- In case of communication of the Photos by wireless means via satellite, communication by wireless shall mean the receipt of signals from a ground station by the satellite and transmission of signals from the satellite by means of which the Photos may be communicated to the public regardless of its actual reception by the public. Communication of coded signals is communication by wireless means if the means of decoding are granted to an unlimited group of people by the broadcasting organization or with its consent;
- communication by cable, i.e., communication (display) of the Photos to the public by television with the use of a cable, wire, optical fiber, or analogous means (including by way of retransmission). Communication of coded signals is communication by cable if the means of decoding are granted to an unlimited group of people by the cablecasting organization or with its consent
- use of the Photos, regardless of whether or not the corresponding actions are taken for the purpose of extracting profit;
- transfer of the Photos to third parties in the scope of rights provided herein;
- reworking of the Photos. In this case, reworking of the Photos shall mean the creation of a derivative Photo (processing etc.);
- communicating the Photos to the public in such a way that any person may obtain access to the Photos from any place and at any time of his/her own choosing (communication to the public).
- use of the right to inviolability of the Photos. The Organizer of the Photo Contest shall, at its discretion, permit or prohibit other persons to use the Photos. Absence of a prohibition shall not be considered as a consent (permission) ;
- uploading the Photos to any device of a third party who visited the Website of the Photo Contest;
- introduction of the Photos to the layouts of informational materials (brochures, booklets, posters, publications, etc.), including street formats of outdoor advertising and information, as well as exhibition design-projects, by incorporating into a complex or composite work. Subsequently, any materials with the Photos included can be used by all means listed herein, including: reproduction, distribution, dissemination to the general public, public display, communication by cable or broadcast, use in advertising and informational materials of the Organizer of the Photo Contest.
1.2. All rights to the Photos specified in paragraph 1.1. hereof shall be transferred by the Participant to the Organizer from the date of acceptance by the Participant of the Photo Contest of this Agreement. The acceptance shall be considered made at the time of marking in the checkbox agreeing hereto.
1.3. The Participant shall provide complete and reliable information about the Photos.
1.4. The Participant authorizes the Organizer to use any of the Photos without indicating the author’s name, if indication of the author’s name does not seem possible.
1.5. The Organizer of the Photo Contest reserves the exclusive right to moderate the Photos added by the Participant and remove/deny admission to participate in the Contest without a clear reason.
1.6. The Participant of the Photo Contest confirms that he/she is familiar with the terms and conditions hereof before the Registration, accepts all the terms and conditions hereof in full and agrees to respect them or terminate his/her participation in the Photo Contest.
1.6.1. If the Participant fails to agree with any provisions hereof, he/she shall immediately cease use of the Website and his/her participation in the Photo Contest.
2. GUARANTEES OF THE PARTICIPANT OF THE PHOTO CONTEST
2.1. The Participant shall guarantee that he/she is duly authorized to grant the Organizer of the Photo Contest the rights to use the Photos and he/she has obtained all necessary permissions to use the image of a citizen, who is the main object of the Photo .
2.2. The Participant shall guarantee that the Organizer of the Photo Contest can make full use of the rights granted within the terms hereof without violating the rights of third parties, including the persons depicted in the Photos and without additional remuneration to the aforesaid persons.
2.3. The Participant warrants that at the time of acceptance of this Agreement he/she knew nothing about the rights of third parties which might be violated by the transfer of the Photos and assignment of the rights.
2.4. The Participant shall guarantee that the rights to the Photos have not been transferred in an exceptional amount to third parties; they are neither assigned nor pledged.
2.5. The Participant shall guarantee that at the time of acceptance of this Agreement he/she is sui juris, acts in his/her own self-interest without coercion, and all fields of the Registration Form are completely accurate and have been filled out by the Participant himself/herself.
2.6. The Participant shall agree that the Photos posted within the framework of the Photo Contest will be available to all other Participants and the Website visitors directly on the Website and by means of various functions with links to the original source (by means of postal mailing, RSS streaming, use as e-cards, screensavers, blog entries, social networks, etc.).
2.7. The Participant shall agrees that his/her name, surname and patronymic can be used publicly (posted on the Website, in social networks, information materials, outdoor advertising, etc.) without additional consent of the Participant and without any compensation paid to him/her.
3. PHOTO REQUIREMENTS
3.1. The Photos shall be transferred in the following order: the Participant shall upload the Photos to his/her Personal Account on the Website of the Photo Contest.
3.2. The Participant may take part in 5 (five) nominations, however each nomination may have from 1 (one) to 5 (five) Photos.
3.3. Requirements to format and characteristics of the Photos uploaded: JPEG format with a resolution no less than 300 dpi with the possibility to use them for large format printing at least 18 (eighteen) square meters.
3.4. All Photos of the Photo Contest uploaded by the Participant shall be pre-moderated. Such moderation can take 12 (twelve) hours.
4. OBLIGATIONS OF THE PARTICIPANTS. LIMITATION OF LIABILITY
4.1. The Organizer of the Photo Contest shall have the right to:
4.1.1. Unilaterally block the access of the Participant of the Photo Contest to the Website in cases of violation by the Participant of the legislation of the Russian Federation and (or) the terms and conditions hereof. The Organizer of the Photo Contest shall not be responsible for any damages (losses) incurred by the Participant in connection with the termination of this Agreement and (or) access blocking. The Organizer is under no obligation to inform the Participant of the Photo Contest about the reasons of termination of this Agreement and (or) access blocking.
4.1.2. Carry out preventive maintenance on the Website, and therefore temporarily suspend access to the Website. The Organizer is under no obligation to notify the Participant about preventive maintenance.
4.1.3. Modify and update the Website, add new properties that enhance its functionality or otherwise improve its characteristics, including in order to meet the requirements of the legislation of the Russian Federation. The Organizer is under no obligation to inform the Participant of the Photo Contest about these works.
4.1.4. R equest any documents which confirm the rights of the Participant of the Photo Contest to the Photos (still negatives, Photo sources in the “Raw” format, Photo copies in high resolution (at least 800 pixels wide and 600 pixels tall), original contracts or agreements with the authors, their assignees and/or other documents of identical legal force).
The Participant shall provide the Organizer with these documents no later than 5 (five) calendar days from the date of dispatch of the request by the Organizer on the provision of such documents.
4.1.5. R equest any documents confirming that the Participant of the Contest have consent to use image(s) of a citizen(citizens), who is(are) the main object of the Photo.
The Participant shall provide the Organizer with these documents no later than 5 (five) calendar days from the date of dispatch of the request by the Organizer on the provision of such documents.
4.2. The Participant shall be obliged to :
4.2.1. Use the Website solely for the participation in the Photo Contest.
4.2.2. Exclude the transfer to third parties of the username and password from the Website of the Photo Contest and ensure their confidentiality. In case of loss of the username and password and (or) violation of the confidentiality of the username and password, he/she shall immediately notify the Organizer.
4.2.3. Exclude the removal or change of the Photos uploaded to the Website of the Photo Contest.
4.3. The Participant shall have the right to:
4.3.1. Get access to the Website in accordance with the terms and conditions hereof.
4.4. Limitation of liability:
4.4.1. In case any third party (including authors and their successors and government representatives) lodges a claim or a lawsuit against the Organizer, associated with the Organizer’s use of the Photos by means listed in section 1 hereof (subject to the guarantees specified in section 2 hereof), the Participant shall settle all the claims and/or lawsuits using its own resources and at its own expense. The Participant shall indemnify the Organizer for all losses arising in connection with these claims and/or lawsuits, including legal expenses and lost profits.
4.4.2. The Website shall be provided “as is”, in accordance with the internationally accepted principle. It means that the Organizer shall bear no responsibility for any problems arising during the updating procedure, support and use of the Website (including compatibility issues with software products (packages, drivers, etc.) of the Participant, discrepancies of the results of the Website’s use to the expectations of the Participant, etc.).
4.4.3. The Organizer of the Photo Contest shall bear no responsibility for inaccurate or late contractual information provided by the Participant of the Photo Contest that caused the disqualification of the Participant of the Photo Contest.
4.4.4. The Organizer of the Photo Contest shall bear no responsibility for the lost profits of the Participant. The liability of the Organizer of the Photo Contest shall be in any case limited to compensation of actual damage. On taking part in the Photo Contest, the Participant agrees that the Organizer and its affiliates, subsidiaries, involved agencies and contractors, partners, representatives, successors, employees and managers bear no responsibility in the event of illness, injury, death, disability of the Participant, submission of judicial and other claims against him/her as well as liability for damages or expenses which may arise, whether directly or indirectly, as a result of:
- participation in the Photo Contest or fulfillment of any of its terms and conditions;
- technical failures of any kind, including, but not limited to, malfunction of any computer software, cable, network, hardware, software, or other equipment;
- unavailability of the Website or Internet service;
- unauthorized intervention (hacking) in the Website of the Photo Contest by third parties;
- electronic or human faults during performance of the Photo Contest.
4.4.5. The Organizer of the Photo Contest reserves the right not to enter into correspondence or other contacts with the Participant of the Photo Contest, except as provided herein.
4.4.6. The Organizer of the Photo Contest shall not be responsible for the reproduction and distribution of the Photos and materials from the Website by third parties.
4.5. In case the Participant of the Photo Contest violates the guarantees listed in section 2 hereof, the Organizer reserves the exclusive right to disqualify the Participant of the Photo Contest even if he/she has been declared the Winner.
5. PERSONAL DATA
5.1. By accepting this Agreement, the Participant, acting freely and out of his/her own self-interest, shall give consent to the Organizer (or other affiliated persons involved in the organization and conduct of the Photo Contest), and its affiliated and/or authorized persons for processing of his/her personal data in accordance with the Federal law of the Russian Federation No. 152-FZ “On Personal Data”, provided to the Organizer in connection with the Photo Contest by any means, including collection, recording, systematization, cross-border transfer, accumulation, storage, updating, clarification, change, electronic copying, extraction, use, transfer, depersonalization, blocking, deletion, destruction for the purposes of the Photo Contest as well as fulfillment of related requirements of the legislation of the Russian Federation. This consent is specific and informed.
5.2. This consent shall remain in force for an indefinite period of time; the period for retaining personal data of the Participant of the Photo Contest shall not be limited.
5.3. The Participant shall have the right to withdraw his/her consent, by making an appropriate written document that may be sent by the Participant of the Photo Contest to the Organizer by registered mail with notification of delivery or handed in to a representative of the Organizer of the Photo Contest personally against receipt. Should the written notice revoking this consent to personal data processing be received, the Organizer is obliged to cease their processing.
5.4. The Participant shall, upon request of the Organizer of the Photo Contest, immediately provide in writing additional confirmation of his/her consent for the disclosure and processing of information (or any part thereof), in the manner and in accordance with the legislation of the Russian Federation.
5.5. The Participant acknowledges and agrees that the personal data of the Participant posted on the Website may become available to third parties due to failures, technical malfunctions, acts of third parties, including (but not limited to) virus or hacker attacks. The Participant undertakes not to make demands on the Organizer of the Photo Contest (or other affiliated persons involved in the organization and conduct of the Photo Contest) for losses (damages) arising in connection therewith.
6. ACCEPTANCE AND EXECUTION OF THE AGREEMENT
6.1. Unconditional acceptance by the Participant of the Photo Contest of this Agreement shall be proven by Registration at the Website by way of filling out a Registration Form.
6.2. The acceptance shall be considered made at the time of marking in the check-box that means consent with this Agreement.
6.3. This Agreement, together with the Regulation on the International Photo Contest “Russian Civilization”, posted on the Internet at www.ruscivilization.ru, constitute the entire Agreement between the Organizer and the Participant of the Photo Contest.
7. DISPUTE RESOLUTION
7.1. The Parties shall take all measures to settle any disputes under a pre-action protocol before its submission to court.
7.2. A claim shall be sent in writing. The Party shall provide a written substantive response to the claim received within no later than 15 (fifteen) calendar days from the date of its receipt.
7.3. The claim shall include: name, postal address and details of the requester; name, postal address and details of the addressee.
7.4. The claim shall be attached by duly executed documents in support of the asserted claims. The claim may have some other information which, in the opinion of the applicant, will lead to more rapid and proper consideration of the claim and objective settlement of the dispute.
7.5. In case of default of obligations by the Parties and their failure to reach mutual agreement, the disputes hereunder shall be settled and considered at the place of registration of the Organizer in accordance with the current legislation of the Russian Federation.
8. DURATION AND AMENDMENTS TO THE AGREEMENT
8.1. This Agreement shall enter into force on the date of posting on the Internet at www.ruscivilization.ru and shall be valid up to the date of withdrawal of the offer by the Participant of the Contest.
8.2. The Participant shall have the right to withdraw the offer by making a document in writing with obligatory indication of the Participant’s full name, contact details and signature as well as other data which help to accurately identify the Participant.
8.2.1. Withdrawal of this Agreement may be sent by the Participant of the Photo Contest to the Organizer by registered mail with acknowledgment of receipt or handed over to the representative of the Organizer personally against receipt.
8.3. Should the Participant of the Photo Contest withdraw the offer during the term hereof, the Agreement shall be deemed terminated from the date of receipt of the withdrawal by the Organizer of the Photo Contest.
8.4. This Agreement may be also terminated on other grounds provided for herein.
9.1. Any notices hereunder may be sent by a Party to the other Party by electronic mail to the addresses indicated on the Website, by fax, mail with notification of the delivery or courier service with proof of delivery.
9.2. If one or more provisions of this Agreement become for any reason invalid, unenforceable, such invalidity shall not affect the validity of any other provisions which shall remain in force.
9.3. Without prejudice to the terms hereof, the Organizer of the Photo Contest and the Participant of the Photo Contest shall have the right to execute at any time the License Agreement in the form of a written bilateral document.
9.4. Participation in the Photo Contest shall mean confirmation of the Participant’s consent with this Agreement and the Regulation on the International Photo Contest “Russian Civilization”.
9.5. This Agreement shall be a public document. The current version of the Agreement has been placed on the Internet at www.ruscivilization.ru.
9.6. This Agreement may not be changed without notifying the Participant of the Photo Contest. A new version of the Agreement shall enter into force upon its posting on the Website. The Participant of the Photo Contest shall be personally responsible for regular reviewing of the current version of the Agreement.
9.7. This Agreement shall be governed and construed in accordance with the legislation of the Russian Federation.