FotoPressArt End User License Agreement (EULA)
Version 1.23 valid from 2016/03/10
TABLE OF CONTENTS
§2 OWNERSHIP AND LIMITS TO USE
§ 7 WITHDRAW FROM THE AGREEMENT
§ 10 GENERAL TERMS AND CONDITIONS
This agreement (Agreement) defines terms and conditions upon which FotoPressArt (hereinafter called FPA or the Licensor) will license the Licensee certain usage rights for items purchased from the Licensor, pursuant to the terms and conditions of this End User License Agreement (EULA or License).
Please read these terms and conditions carefully. By completing your order and by making payment through the approved payment method, you immediately become bound by the terms and conditions of this agreement. Ignorance of the agreement does not relieve you of compliance with the terms and conditions contained therein.
Definitions:
Contributor - a person with legal capacity, who offers his photography, which owns the copyrights and the right to present and sale the work through FPA.
End User - or a Licensee a person or legal body, on which behalf an authorized person is acting, with legal capacity, who purchase Licenses or Media from FPA.
Licensor or FPA - FotoPressArt Robert Gajda registered at Dzika 1, 05-135 Komornica, Poland REGON number 141586545 and which provides the internet service under address https://www.fotopressart.com or https://www.fotopressart.pl
License - terms and conditions of using Media purchased from FPA and defined in this Agreement.
Media - Items purchased from the Licensor which can be entirely tangible, tangible with digital content or entirely digital format.
§ 1 LICENSE TO USE MEDIA
1. The Licensor grants the End User a limited, non-transferable License to the End User for the purchased Media under the terms defined in the Agreement. The License is conditional upon the End User is paying all applicable license fees and respecting the terms hereof.
2. The License is non-exclusive by default. The End User can purchase and exclusive license for a limited period of time.
3. The Licensor offer two types of License: Royalty Free (RF) and Rights Managed (RM).
4. The Royalty Free License allows the End User to use the Media in the following way:
a) Web Usage
The End User can use the Media on one web domain only. It can be used on as many web pages within that same domain as desire.
The Media can be altered if necessary, but they cannot be included in any composite that is resold.
b) Print Usage
The End User can use the Media in printed publications, product packing, software, applications (including mobile “apps”), magazines, books, e-books, newspapers, advertising collateral, business cards, letterheads, product labels, discs covers, marketing materials provided that no Media is reproduced more than five hundred thousand (500 000) times in the aggregate and that the Media cannot be readily unincorporated from such digital products or software.
c) Display
The End User can use the Media in print or digital material intended for public display including point of sales materials and trade show boots. The End User can also use the Media for decoration, provided it is the End User personal, non-commercial use, not for resale, download or distribution or any other commercial use.
5. Any other use of the Royalty Free Media including but not limited to production of retail product need a separate License. To purchase such a License please contact FPA
For the avoidance of doubt all rights in and to Media used to create a derivative work shall continue to be owned by FPA for itself and its Contributors.
6. Rights Managed Media are licensed with restrictions on usage including but not limited to size, placement, duration of use and geographic distribution.
a) The Licensee agrees to provide information concerning required use of the Media necessary for calculating a License fee.
b) The Licensee gets right to use the Media only in the way as defined in the Rights Managed License. The RM Licenses description will include details as: Media use, size, placement, circulation, duration and other relevant for a specific Media use.
c) The Rights Managed License details will be given to the Licensee on the invoice which will be an integrated part of the Agreement.
7. The End User may request from the Licensor a dedicated quotation for a License, especially if the End User would like to use the Media on different fields of use or if there is any other reason justifying such dedicated price quotation.
8. The Licensee cannot use the Media in different way than defined in the Rights Managed or Royalty Free License.
9. The Media included in the Press category are licensed for editorial use only. Such Media must be used in an "editorial" manner, which means use relating to events that are newsworthy or of public interest. Use of Media from Press category in non-editorial way requires from the End User to purchase an additional License if available.
10. The Rights Managed pricing calculator provided by the Licensor allows the End User to calculated license fee for different types of use. If the End User using the calculator orders a License type different than editorial for Media from the Press category then the Licensee agrees to obtain on his own cost all required permits from people and institutions whose rights it may affect.
§ 2 OWNERSHIP AND LIMITS TO USE
The Media offered in digital form and tangible with digital content shall remain at all times the sole and exclusive property of the Licensor and its Contributors. In order to protect the rights of the Licensor, the Licensee undertakes to comply with the following:
1. The Licensee shall not sell, sub-license, loan or otherwise transfer all or part of the Media or any interest therein to or for the benefit of a third party.
2. The Licensee shall not use or display the Media as part of a digital archive and/or reference source including internet social media.
3. The Licensee shall not use the Media to create obscene, offensive, defamatory, libelous, pornographic, fascist or illegal products and/or services.
4. The Licensee shall not use the Media in a way that offends or shows a recognizable person in the photo in a disparaging, untrue or is likely to result in a violation of their personal rights.
5. The Licensee shall not remove, alter or obliterate any copyright notices found in the Media.
6. The Licensee will put information about the author and copyright information relevant to the Media in the following way "© name of the author / FotoPressArt". This obligation does not apply in case where such information is not given for legal or customary.
7. The Licensee shall ensure that its personnel, including any consultants, subcontractors and other cooperating parties comply with all of the terms and conditions of this Agreement and shall be liable for any breaches thereof.
8. The Licensee acknowledges that the Licensor does not grant any rights to the use of names, trademarks, brands, logos, designs and other intellectual property exposed in the Media into the products and publications of the End User. The End User agrees to obtain such rights on their own.
9. Should the End User is going to use the Media that may infringe the rights of the people shown on such Media, an express written consent of the Licensor and in some cases a permission from those people will be required. The End User agrees to apply for written permission to the Licensor, and when it is necessary to people whose image concerns, before using the Media. All costs of obtaining the consent from people whose rights can be affected shall be covered by the End User.
§ 3 LIMITED WARRANTY
1. The Licensor warrants that its Media offered in entirely tangible, tangible with digital content form will be free from defects of material and workmanship under normal use for 24 month from the date of delivery, as evidenced by a copy of your receipt. The warranty period for Media offered as tangible with digital content shall not exceed than the duration of purchased License. The Licensor will either replace the Media or refund the purchase price, at its sole discretion. If the Licensor determines the Media has been misused or modified while in the End User possession, this warranty will not apply.
2. If the End User find a damage or defect during Warranty period, he undertakes to contact the Licensor and return product, together with the detailed description of the defect to the address Agencja FotoPressArt Robert Gajda, Wspolna 34G, 05-135 Komornica, Poland. The transportation cost of return will be paid by the End User. Providing the complaint to be justified and possible to repair, then the Media will be repaired by the Licensor within 14 days from the delivery date. If the failure is impossible to repair and there is no possible to change the product, the Licensor will refund the End User the full amount of the product paid together with the cost of shipping for complaint. The refund will be done on the End User account.
§ 4 NON TRANSFERABILITY
Neither the License nor any rights or Licenses granted hereunder may be assigned, transferred, delegated, sub-licensed or time shared without the prior written consent of the Licensor. Any such assignment, transfer, delegation, sub-license or time sharing in breach of this undertaking is void and results in the immediate termination of this Agreement.
§ 5 PURCHASING PHOTO PRINTS
1. The photo prints are prepared based on specification from End User and as such are not standard products.
2. Before placing the order the End User agrees to choose size of the print and type of paper. We use two types of paper a Premium and Baryta paper. The Premium paper can be gloss, luster or matt. The Baryta paper is offered with gloss or silk finishing. Should the End User have any questions or concerns before placing the order, he can contact FPA for clarification.
3. Purchasing photo prints and other tangible Media at FPA service transfers only the ownership related to such products from Licensor to the End User but it doesn't transfer any rights to copy or reproduce them in the same or other form.
§ 6 ORDERING AND SHIPPING
1. The End User may place the order without registration, but in all such cases it is required the End User to send details necessary to complete the order via email to FPA. Missing or wrong data will result cancellation of the order by the Licensor. The End User may register in FPA service to get possibility of reviewing the orders, automatic tracking of order shipment, subscribing Media and reuse provided data for future orders.
2. The Licensor will complete the order within maximum 10 working days from the date of payment. In case of any delay the Licensor will contact the End User to inform about such fact and arrange for alternative delivery date or to withdraw from the order.
3. The Licensor sends the order by Polish Post at the expense of the End User. The use of other parcel service requires an agreement with FPA. For shipments outside Poland, the cost of the service will be confirmed by the Licensor based on the dimensions, weight and country of destination. In case where the cost exceeds the fee computed automatically during the ordering, the Licensor will inform the End User to accept and pay the surcharge. If the End User doesn't accept the higher cost of shipping the order will be withdrawn.
4. In the event of order cancellation the Licensor will refund the amount paid by the End User within maximum of 5 working days from the date of cancellation of the order or receipt of the payment from the End User whichever occurs later. The refund will be made on the End User account.
5. The Licensee agrees to inspect and unpacking the package in the presence of the deliverer and if mechanical damage caused during transportation to prepare the protocol of damage signed by the bearer of the damage and the End User. This protocol is a prerequisite for the recognition of a claim for damage during transportation by the Licensor. Otherwise, the End User can claim any compensation directly from the shipping company, and the Licensor will not be a part of this dispute.
6. The Licensor will inform the End User about shipment of ordered Media via email. Any claims arising from delay in delivery or loss of the consignment shall be considered based on rules of the carrier. In case of loss or destruction during transportation and positive acceptance of the claim by the parcel service, the Licensor will refund the End User the full amount paid on his bank account.
§ 7 WITHDRAW FROM THE AGREEMENT
1. The Licensor informs that in accordance to Polish Consumer Law dated 30 May 2014 (Dz. U. 24/6/2014 Poz. 827) chapter 38 the consumer right to withdraw from the agreement without giving a reason doesn't apply on agreements related to digital content, which are not recorded on tangible product providing the Agreement is executed before the date of withdraw and is accepted by Licensee. The right to withdraw from the agreement without giving a reason doesn't apply on products and services if they are prepared based on consumer specification or are used to fulfill his specific needs.
2. In case of products and Media other than described in paragraph 7 chapter 1 Licensee has a right to withdraw from the Agreement without giving a reason within 14 days from the day of receipt. In the event of withdrawal, the Agreement is considered null and void, and the End User is exempt from any obligations. The returns of Media in this mode will only by accepted providing the Media is returned in the same state, unless a change was necessary in the ordinary course of business. The Media must be returned in original packing, secured and with the written notification about withdrawal from the Agreement. If the End User wishes to take the advantage of this right of return, the End User agrees to send a written notice about such intention to the Licensor in advance, by sending an email to sales@fotopressart.com. The e-mail must include the End User name, order number, name of the Media, the End User's account number for refund. The return transportation cost will be paid by the End User. The Licensor agrees to reimburse the amount of money paid for return Media on the End User account within 14 working days from delivery date of the product to the Licensor premises.
3. The Licensee should send the form of withdraw from the Agreement only if he would like to withdraw from the agreement. Here is the example of withdrawal form.
Agencja FotoPressArt Robert Gajda
ul. Dzika 1, 05-135 Komornica
biuro@fotopressart.com
I First name and Last name inform about withdraw from the Agreement concluded within the FotoPressArt service.
Date of Agreement: ...........................................
First name and Last Name: ..............................................
Order number: ...........................................................
User name: ................................................................
Bank account number ..........................................................................
4. More information about Polish Consumer Law you can find on under www.uokik.gov.pl
§ 8 LIMITATION OF LIABILITY
The Media are provided to the End User as is. Except as expressly stipulated herein, the Licensor makes no representations or warranties whatsoever, express or implied, relating to the use, performance or results which may be obtained through the use of the Media. The Licensor expressly disclaims all warranties, including but not limited to merchantability and fitness for a particular purpose. The Licensor shall in no event be liable to the End User under any circumstances for any lost profits or any indirect, special, consequential or punitive damages including, without limitation, loss or alteration of data, interruption of business and/or loss of employee work time. In any event, the total liability of the Licensor shall not exceed the aggregate payments received by the Licensor hereunder. This disclaimer applies without limitation regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and regardless of whether such damages are or were foreseeable.
§ 9 PRICES
1. The prices are calculated based on the Licensor tools. In case of tool malfunction the Licensor reserves the right to correct it and inform the End User about such changes by email. In case of price increase the End User has a right to cancel the agreement and the Licensor agrees to refund the paid amount in five (5) working days from the date of email with the End User's agreement cancelation.
2. The prices are gross without Value Added.
3. The prices are in Polish Zloty (PLN).
4. The payment for the order can be made in the following ways:
a) PayPal account which accepts credit cards, bank transfers or money collected on PayPal account
b) Traditional offline payment including direct transfer of payment on the Licensor bank account or cash. The cash payment details need to be agreed with Licensor and Licensee in advance. Traditional offline payment may delay an order execution as it starts when the payment is booked to the Licensee account.
5. The Licensee may purchase a subscription or package from the Licensor which allows him to download Medias without additional payment during ordering process. Licensee purchases the following within the subscription or package:
a) Credit which can be used to purchase Licenses for the Media
or
b) Number of downloads of Media with specific License during certain period of time
or
c) Access to License of selected Media available only to subscribers
or
d) all or some of described in paragraph 8 chapter 5 letter a, b ,c together.
6. The Licensee will be informed about subscription used for purchasing Licenses during ordering process and on his account after logging to FPA service.
§ 10 GENERAL TERMS AND CONDITIONS
1. The Licensor shall have the right to terminate the Agreement immediately without notice in the event the End User breaches any of the terms and conditions of this Agreement.
2. The Agreement is concluded for an indefinite period and if License is purchased for a specified period then for the duration of the License specified on the bill or invoice of purchase. In the case of License for specified period, the End User agrees to remove all copies of the Media in its possession on the date of expiry of the License.
3. All prior proposals, understandings, and/or agreements between the parties that relate to the subject matter of this Agreement are hereby superseded and merged into this Agreement. This Agreement may not be modified or altered except in writing.
4. This Agreement, its construction, performance, scope, validity and effects are governed and shall be construed in accordance with the laws applicable and in force in the jurisdiction of Poland.
5. The Licensor reserves the right to change this Agreement if such is required. The changes will apply for all new End User’s purchases after the date of their implementation. The End User agrees to read and understand all the changes and accept them before confirming the order.
6. This Agreement and all documents and notices in connection therewith be drawn up in Polish and in case of international transactions in English and Polish. In case of disputes Polish language applies only.
7. This Agreement is governed by and shall be construed in accordance with the laws related to the registration place of FPA i.e. Poland. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within Poland and not elsewhere.
8. A user who is a consumer has the ability to take advantage of the extra-judicial handling of complaints and redress before the Polubowny Sąd Konsumencki at the Wojewódzki Inspektor Inspekcji Handlowej in Warsaw. Information on how to access the above and mode of dispute resolution procedures are available at the following address: www.uokik.gov.pl under "Rozstrzyganie sporów konsumenckich".
9. Any questions or concerns regarding the Agreement should be sent to FPA
Date: 2016-03-10
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