LICENCE TERMS - CONDITIONS OF SALE
1. Definition of Terms
- Provider - Provider is the Czech News Agency, business address Opletalova 5/7, Praha 1, ZIP 111 44, VAT reg. no. CZ47115068, registered with the Business Registry of the City Court in Prague Section A, Entry 7583. Provider exercises ownership and authorship and licence rights pertaining to Photographs, and has full right to supply the Buyer with a licence for their use in a manner and to an extent specified below.
- Buyer - Buyer is a physical or legal person who sends an order to the Provider and to whom the Provider grants a Licence to use Photographs in a manner and to an extent specified in these Conditions of Sale.
- Order - Order is an electronic request of a Photograph placed at the websites of the Provider (http://multimedia.ctk.cz, http://fotobanka.ctk.cz), whose sending to the Provider is necessary for granting a Licence.
- Photograph - Photograph is a copy acquired by photographic technique - a positive copy, eventually a negative, diapositive, analogue or digital recording on an electronic medium, placed in an electronic form in the database of the Provider, accessible at http://multimedia.ctk.cz, http://fotobanka.ctk.cz – specified by the Buyer in his Order, which the Buyer wishes to use, and by sending the Order Buyer also commits himself to using it in a manner specified in the Order.
- Use - Use of Photograph is any form of making a Photograph or its part accessible, be it in original or otherwise processed or altered form, on its own or in a file or in connection with another work or elements, and that by distributing a printed, photographic or electronic copy, which includes analogue or digital representation, renting, borrowing, exhibiting, and publication in a virtual form, making it accessible to public in manners including television broadcast, and making it available to the public in such a way what anyone can access the Photograph at a place and time of his choice, especially using internet, computer or similar network.
- Licence - Licence is a permission to use Photograph(s) in a manner and to an extent specified in Conditions of Sale, which the Provider grants to the Buyer. Licence is effective as of the moment when the price of the Photograph is credited to the account of the Provider in case of a bank transfer or when the price of the Photograph is handed over to the Provider in case of a cash transaction.
2. The Subject of Conditions of Sale
These Conditions of Sale define rights and obligations of the Buyer and the Provider pertaining to the granting of Licence to Use Photographs by the Provider to the Buyer.
Provider grants Buyer his consent with the Use of Photographs in the following matter and extent (Licence):
- Non-exclusivity of Licence: the Licence is non-exclusive.
- Manner of use: in printed copies up to 5000 copies, ▪ electronic copies, ▪ copies on data carrier or ▪ in form of communicating to the public using Internet or similar network. Based on his Order, Buyer has the right to use Photographs only in one of the above-listed manners, namely the manner chosen in his Order.
- Territorial Extent of the Licence: the territory of the Czech Republic and Slovakia.
- Temporal Extent of the Licence: one-time use only.
- Broadcast Licence: Licence does not grant the Buyer any right to use a Photograph depicting a physical person without the consent of the person depicted, in case of person(s) deceased without the consent of persons appointed by law (§15 of Civil Code), if the Photograph is used in excess of the legal licence defined in §12 Par. 3 of the Civil Code, that is, over and above the limits set by the so-called broadcast licence. Please note that any items (text, photos, videos, audios) dated before April 1st, 2009, might not comply with increased personal data protection as established by Czech Law no 52/2009. CTK Photobank bears no responsibility for any use of its data by its clients that would contravene this law.
4. Further Rights and Obligations of the Buyer
- Modification of Photographs - Without explicit consent of the Provider, Photographs must not be modified or in any way altered, parts must not be added or removed with the exception of common cropping that does not substantially alter the character and composition of the Photograph. The Buyer is under obligation to adhere to the format in which he/she purchased the Photograph from the database of the Provider. Buyer must not Use Photographs in such a manner that would diminish their value.
- Prohibition on Archiving Photographs - Buyer has no right to archive (save) Photographs in his/her own database archives or electronic systems (editing, publishing, archival, etc.) or use them to create new databases. If such archiving is common and necessary for the agreed manner of Use, Buyer has the right to archive Photographs in requisite manner but only for a period necessary to archive the agreed manner of Use.
- Use of Photographs - Buyer has the right and obligation to use Photographs only in accordance with the Licence granted to him/her, that is, to the extent and manner defined in Par. 3 and 4 of these Conditions of Sale. If the Buyer needs or wishes to obtain any exceptions from these Conditions of Sale, the Buyer has the right to contact the Provider at any time. Without a prior written agreement of the Provider to the effect of broadening the Licence, any Use of a Photograph not in accordance with these Conditions of Sale is tantamount to a breach of these conditions with all legal consequences issuing thereupon. The Buyer may exceed the number of copies, agreed size and position of Photograph in a title only based on a prior written agreement with the Provider.
- Prohibition of Granting a Sub-Licence - The Buyer will not further copy, distribute, lend, make accessible or otherwise available to third persons any Photographs above the extent set by the Licence granted by the Provider.
- Credits - When Using a Photograph, Buyer shall always include a so-called ‘credit’, that is, the abbreviation ‘CTK’ and the name of the author and/or source if such is included with the Photograph (for example, in the form of ‘CTK/name of the author’ or ‘CTK/AP’ and similarly in case of other partner agencies of the Provider). In case of printed book publications, the Buyer shall include this credit in the form of, e.g., © CTK (photo), 2016 or © ČTK/AP, DPA... (photo), 2016 and similarly in case of partner agencies, or an overview of Photographs of the Provider used in the publication, including credit and page where they are found.
5. Price and Payment Conditions
Price of the Licence is set individually as price for each Photograph separately, depending on the format in which it can be used by the Buyer. In Provider’s database, prices are listed for each individual Photograph and its formats. Prices are listed including VAT.
6. Ordering and Delivery of Photographs
- Order - The Buyer chooses Photographs from the database of the Provider at http://multimedia.ctk.cz or http://fotobanka.ctk.cz. After registration, which includes familiarisation with the Conditions of Sale, the Buyer has the option of saving selected photographs in a ‘Basket’. Once the Buyer finishes selection, he/she has can check the content of the Basket, price and chosen format of individual Photographs (Order), eventually also remove some items from the Basket. Once the Buyer is satisfied he/she does not want to change the contents of the Basket, he/she sends the Order.
- Payment Methods - In the next step, the Buyer chooses the manner of payment of the total price of the Photographs. Payment can be made by a credit transfer with a debit/credit card directly in the internet application of the Provider by transferring the money to account No. 2502320118, bank code: 2600, SWIFT: CITICZPX, IBAN: CZ98 2600 0000 0025 0232 0118. By choosing the method of payment of the price of Photographs, the Order is completed and sent to the Provider.
- Order Confirmation - The Buyer receives per return a confirmation of receipt of Order to the Provider – pro forma invoice and these Conditions of Sale – to email address specified during registration in Provider’s database.
- Release of Photographs - As soon as the Provider receives confirmation of authorisation of payment card of the Buyer (in case of credit transfer), Photographs are released to the Buyer for downloading at the latest 24 hours after verification of the payment card. If the price of the Photographs is paid by credit transfer from the account of the Buyer, Provider releases Photographs to the Buyer for downloading as soon as the amount of the entire price of Photographs is credited to his account. If the Buyer orders Photographs using cash on delivery, the Provider sends a CD containing the Photographs within three working days to address specified in the Order. In case of personal collection of Photographs, the Buyer can collect ordered Photographs on a CD at the address of the Provider after previous agreement made by telephone.
- Breach of a Licence and Violation of Agreed Manner of Use of Photographs. If the Buyer violates licence agreement defined in Par. 3 of these Conditions of Sale and/or any of its obligations specified in Par. 4, Letter a) – d) of these Conditions of Sale, the Buyer is required to pay to the Provider a contractual fine of 100.000,- CZK (in words: one hundred thousand Czech crowns) for each such violation. The payment of a contractual fine does not affect Provider’s right to a compensation of damages incurred.
- Violation of other obligations by the Buyer. If the Buyer violates obligation specified in Par. 4, Letter e) of these Conditions of Sale, the Buyer shall pay to the Provider a contractual fine of 20.000,- CZK (in words: twenty thousand Czech crowns) for each such violation. The payment of a contractual fine does not affect Provider’s right to a compensation of damages incurred.
8. Choice of Legal Code
Legal relations between the Buyer and the Provider are governed by the Czech legal system.
9. Contact Information of the Provider
- E-mail: email@example.com
- Tel.: +420 222 098 159, +420 222 098 406, +420 222 098 207
- Address: Czech News Agency, CTK Photobank | Multimedia, Opletalova 5/7, Praha 1, ZIP 111 44, Czech Republic
These conditions of sale become effective as of August 1, 2009.