General Licence Terms and Conditions

The General Licence Terms and Conditions (hereinafter referred to as the “Terms”) apply to licence agreements negotiated via the website www.energepic.com (hereinafter referred to as the “website”) between the entrepreneur:

James Riess, with registered office at Na Pěšině 3168/18, 690 03, Břeclav

Registration No: 02089785

registered: in the Trade Licensing Register maintained by the Městský úřad Břeclav

delivery address: James Riess, Na Pěšině 3168/18, 690 03, Břeclav

contact email: energepic@gmail.com

as the licensee

and you as the licensor

(each of them also referred to as a “Party” and together referred to as the “Parties”).

 

General provisions

  • The Terms define and specify the rights and obligations of the Parties related to concluding the licence agreement (hereinafter referred to as the “Agreement”) via website.

  • By the Agreement, the licensor grants to a licensee an authorisation to exercise the right to use their copyrighted work (also referred to only as the “work”), which are photographs, in all ways indicated by the Act No. 121/2000 Sb., the Copyright Act, as amended (hereinafter referred to as the „Copyright Act“) to an unlimited extent, in particular to communicate the work to the public within the meaning of Section 18 of the Copyright Act, to reproduce the work and to distribute an original or a copy of the work under conditions agreed below (hereinafter referred to as the „Licence“), in its original, adapted or otherwise altered form.

  • The Licence under Article 1.2 of the Terms is granted as non- exclusive, transferable, geographically and to the quantitative scope unlimited and for an indefinite period of time.

  • The Terms are integral part of the Agreement. The Agreement provisions diverging from the Terms shall take precedence over the Terms provisions. The Terms can be changed or amended by the licensee. Rights and obligations of the Parties are governed by the wording of the Terms effective at the time of their origination. Rights and obligations of the Parties are further governed by any conditions and instructions stipulated on the website, especially when concluding the Agreement. The matters not covered by the Terms shall be governed by the Act no. 89/2012 Sb., the Civil Code, as amended (hereinafter referred to as the „Civil Code“) and by the Copyright Act.

  • By concluding the Agreement, both Parties declare, that they are not aware of any obstacle, legal or practical, which would prevent them from concluding the Agreement and from the valid granting of the Licence in the agreed scope.

  • The licensor expresses the consent and the acquaintance with the Terms by confirming the acknowledgement of the Terms on the website during registration.

 

 Registration and concluding the Agreement

  • For concluding the Agreement, it is necessary for the licensor to register themselves on the website and for that registration to be confirmed by the licensee. The licensor must fill the required information into the registration form and choose a user name and a password. A new user account is created by the registration.
  • After the registration, the licensee will send the licensor an email which confirms their registration. The Agreement is concluded by the confirmation of the licensee.

  • The user name and password create the access data to the user account. The licensor is obliged to ensure the confidentiality of the access data to their user account. The licensee is not responsible for any misuse of the user account by a third party.

  • Protection of personal data in connection with the registration is governed by the Privacy policy.

  • Through the user account, the licensor can mainly provide the licensee with photographs by uploading them and manage the user account. Any other functions of the user account are always stated on the website.

  • The licensee reserves the right to delete the user account, or to block it for such a period, as is strictly necessary without compensation, if a violation of these Terms, applicable legislation of the Czech Republic or good morals occurs via the respective user account. The deletion of the user account is without prejudice to the validity of the Licence for the provided copyrighted works, unless the Agreement is terminated under Article 6.5 of the Terms.

 

Remuneration for the Licence

  • Granting the Licence is subject to remuneration equal to 70 % of the amount obtained for every pecuniary provision of the copyrighted work to a third party. Any other remuneration amounts are always stated on the website.
  • The total amount of the remuneration, for which the licensor has become entitled in the respective calendar month, shall be paid to the licensor via bank transfer within 10 working days of the following calendar month, unless agreed otherwise between the Parties.

 

Rights and obligations of the Licensor

  • By uploading the photographs, the licensor declares, that they are the author or the holder of the economic rights to the copyrighted work, so that they are entitled to grant the licensee the Licence under the Terms.
  • The licensor declares and is liable for, that they have not granted anybody an exclusive licence to the copyrighted work. Providing that the licensor has granted an exclusive licence to the copyrighted work, they declare and are liable for, that they have been given a written consent of the third party (licensee of the exclusive licence) to the granting of the Licence under the Terms.

  • The licensor declares and is liable for, that while taking photographs, no copyrights of third persons or personal or property rights of captured persons or entitled owners of property were infringed.

  • In case the image of the licensor is captured in the photographs, the licensor gives the explicit consent with distribution of their image according to Section 85 par. 1 of the Civil Code. In case the photographs capture images of other persons as well, the licensor declares that they have been given the consent of other captured persons with distribution of their images.

 

Rights and obligations of the Licensee

  • The licensee has the right to grant an authorisation forming part of the Licence to a third party, in whole or in part, and the licensor gives the consent with this by confirming the Terms.
  • The licensee reserves the right to alter or otherwise change the identification of the author, the copyrighted work or its name. The previous sentence applies by analogy to the merging of the work with another work or the inclusion of the work into collected works.

  • The licensee is not obliged to use the Licence.

 

Final provisions

  • In case the legal relationship established by the Agreement includes any international element, such relationship is governed by the Czech Law.
  • The Parties submit all their disputes arising out of or in connection with the Agreement to the exclusive jurisdiction of the courts of the Czech Republic.

  • If any statement of any Party in the Terms or the Agreement turns out to be false, inaccurate or incomplete or any Party breaches their obligation under the Terms and any damage is incurred by or any performance is claimed against the other Party by a third party in connection with this, the other Party has the right to claim the damages and reimbursement of the costs associated with the claims of the third parties against the damaged Party, including legal costs. The licensor further undertakes to compensate the licensee for all losses, costs, expenses, claims, proceedings or requirements raised against the licensee due to the breach of intellectual property rights of third parties by the licensor.

  • The Parties undertake to keep all information they learn in connection with the Agreement confidential.

  • The Agreement shall cease by an agreement between the Parties or by termination by any Party. Notice of termination must be made in writing or via e-mail and delivered to the other Party. Termination can be made for any reason or without a reason. A notice of termination becomes effective one year after the end of the calendar month in which the notice of termination was delivered to the other Party.

  • Should it be the case that any provision of the Terms is invalid, ineffective or inapplicable (or will become as such), the provision, which by its sense is closest to the invalid, ineffective or inapplicable provision, will apply. By the invalidity, ineffectiveness or inapplicability of one provision shall not be affected the validity of the remaining provisions. The Agreement (including the Terms) can be changed or amended in writing only.

 

The Terms are valid and effective as of 1.4.2017.

 

 

 

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