Customer Agreement

Public Agreement on the Granting of Non-Exclusive Rights to Use Photographic Works (Photos/Images) Integrated with the Payment System

 

Licensor: National News Agency of Ukraine Ukrinform, on whose behalf, on the basis of the Charter, acts Director General Serhii Volodymyrovych Cherevatyi, on the one hand, and

Licensee: An individual or legal entity, on the other hand, hereinafter referred to as the Parties to the Agreement, or each Party separately, has entered into this Agreement for the following

 

 

1.1. In this Agreement, the terms are used in the following meaning:

1.1.1. Photographic work – a photographic image of any format and subject from the Licensor’s website (https://photonew.ukrinform.com/) in electronic (digital) form in JPG format.

1.1.2. Licensee – a capable individual or legal entity that is not subject to international sanctions, sanctions applied in accordance with the Law of Ukraine "On Sanctions", or other restrictions established by the legislation of Ukraine.

 

 

2.1. The Licensor, in accordance with the terms of this Agreement, grants the Licensee a non-exclusive right to use the paid photographic works. The list of rights granted by the Licensor is specified in clauses 3.1. – 3.4.6. of this Agreement.

2.2. The Licensee has the right to use paid photographic works in any territory, except for the Russian Federation, the Republic of Belarus and other states recognized as aggressor states in accordance with the procedure established by law.

 

 

3.1. In accordance with the terms of this Agreement, the Licensor grants the Licensee a non-exclusive right to one-time use of photographic works.

3.2. The photographic work may not be used in advertising and political campaigning. If the Licensee intends to use the Licensor’s photographic works in any advertising and/or political campaigning, such use may be made only after the Parties have signed a separate agreement.

3.3. While using photographic works, the Licensee is obliged to accompany the used works with the inscription "photo Ukrinform" directly under the photographic work, and in the case of using a photographic work on the Internet, additionally place a hyperlink open for search engines next to the work.

3.4. The right to use photographic works can be exercised in one of the following ways:

3.4.1. single use to illustrate material in any printed publication,

3.4.2. single use in a book (including as an image on the cover), of any circulation,

3.4.3. single use in a printed and/or electronic press release without limiting the number of copies,

3.4.4. single use as part of a television program/project (television program, video clip, film), etc.,

3.4.5. single use on a website,

3.4.6. storage in a personal photo archive without publication.

3.5. For repeated use, the Licensee makes a second payment.

3.6. After using photographic works, their further storage, archiving and use is prohibited.

3.7. It is prohibited to transfer the rights to use photographic works to third parties, except for the case provided for in clause 5.2.4. of this Agreement.

3.8. The list of ways to use photographic works specified in clause 3.4. of this Agreement is exhaustive.

 

 

4.1. After registering on the Licensor’s website, the Licensee receives access to a personal account on the Licensor’s website. Access to photographic works in the Licensee’s personal account is valid from the moment the fee is credited to the Licensor’s account and is valid for 45 days.

4.2 In the event that the Licensee cannot access the personal account on the Licensor’s website within three days due to technical obstacles caused by the Licensor, he must immediately notify the Licensor. The Licensor is obliged to eliminate these obstacles as soon as possible.

4.3. The Licensee undertakes to keep his personal account access password secret. The Licensee is prohibited from transferring the password for use to a third party, as well as disclosing the password in any other way, except for cases provided for by the current legislation of Ukraine.

4.4. From the My Downloads and Orders section, the Licensee uploads photos free of charge, once for each photo. With each subsequent use of the photographic works, the Customer again pays for the rights to use the photographic works.

 

 

5.1. The Licensor undertakes to:

5.1.1. Grant the Licensee a non-exclusive right to use the Licensor’s photographic works. The right to use the photographic works is considered granted to the Licensee from the date of receipt by the Licensor of the remuneration for the provision of non-exclusive rights to use the photographic works.

5.2. The Licensee undertakes to:

5.2.1. Use the photographic works only in the ways provided for by this Agreement.

5.2.2. In any use of the photographic works, the Licensee undertakes to make a reference to the fact that the products were received by him from the Licensor. References are made in accordance with the requirements of clause 3.3. of this Agreement.

5.2.3. Destroy the electronic version of the photographic works from the storage devices to which the electronic version of the photographic work was downloaded by the Licensee within two weeks from the date of its use, with the exception of a copy of the photographic works that may be placed in the archive of the Licensee’s website to ensure the operability of the website.

5.2.4. Not to transfer the rights obtained under this Agreement to third parties, except for cases when the Licensee acts as an employee of a legal entity or on its behalf, as an agent.

5.3. The Parties undertake to maintain the confidentiality of information obtained in the process of fulfilling the terms of this Agreement.

5.4. In the event of withdrawal of rights by the Licensor on the basis of a reasoned written request of third parties, the Licensee is obliged to immediately cease use and dеlеtе the relevant photographic work.

A refund of funds paid for a work withdrawn by the Licensor is possible only in cases where the relevant photographic work was not used and no income was received for it.

 

 

6.1. The cost of the remuneration (royalty) for the provision of non-exclusive rights to use photographic works under the terms of this Agreement is indicated on the Licensor’s website next to the image of the photographic works. The remuneration for the provision of non-exclusive rights (royalty) is not subject to VAT.

 

 

7.2. The Licensee shall pay the Licensor the cost of the non-exclusive rights granted under this Agreement on the terms of 100% prepayment.

7.3. Payment of all bank commissions shall be made at the expense of the Licensee.

7.4. Payment and refund of funds shall be made using the Portmone payment system in the national currency of Ukraine.

7.5. The Licensor, at the request of the Licensee, may provide a duly ехесuted Certificate of Acceptance of the Services Provided.

 

 

8.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine.

8.2. This Agreement is concluded in accordance with the legislation of Ukraine. All disputes, disagreements or claims arising from or in connection with this Agreement, including regarding its interpretation, ехесution, termination or invalidity, shall be resolved in court in accordance with the legislation of Ukraine in the courts whose jurisdiction extends to the location of the Licensor.

8.3. If for any reason (except for the fault of the Licensor) the Licensee does not exercise the non-exclusive rights granted to him, such rights shall be deemed granted by the Licensor and any claims regarding the Licensor’s failure to fulfill the terms of this Agreement shall not be accepted by the latter.

8.4. Failure by the Licensee to use the photographic works or failure to provide the original document confirming payment for services under this Agreement shall not be grounds for refunding the amount of the advance payment. In such a case, the Licensee shall not have the right to demand a refund of funds, and the Licensor’s obligations shall be deemed to have been duly and fully fulfilled.

8.5. By making a payment using the Portmone payment system on the Licensor’s website, the Licensee confirms that he has the appropriate civil legal capacity and capacity to act.

An individual who has not reached the required age, or whose legal capacity is limited in accordance with the procedure established by law, undertakes to refrain from performing the above-mentioned actions. Responsibility for violation of the terms of this clause of the Agreement by an individual who has not reached the age of 18 or whose legal capacity is limited lies with the parents, adoptive parents, guardians, trustees or other legal representatives. The Licensor is not responsible for the legality of the actions of the individual.

8.6. The Parties understand and agree that under this Agreement the Licensee is granted the sole right to use the intellectual property object - a photographic work. All other property rights to objects and/or persons depicted/placed on photographic works and requiring additional permissions from owners and/or authors in accordance with the current legislation of Ukraine are not transferred by the Licensor to the Licensee under this Agreement, and the obligation to obtain the appropriate permissions is imposed on the Licensee.

8.7. In the event of transfer of rights under this Agreement in accordance with clause 5.2.4, the Licensee shall be responsible for the use of the photographic work in accordance with the requirements of clause 3.4.

8.8. For the alienation or transfer of the right to use the received photographic work to third parties in violation of the rules and restrictions specified in this Agreement, the Licensor has the right to demand compensation from the Licensor for the damages caused.

8.9. In the case that the Licensee creates an original textual accompaniment to the Licensor’s photographic work, provided that the indication (reference) to the Licensor’s authorship is preserved, the Licensee shall be solely responsible for the content of such textual accompaniment to all third parties.

8.10. In the event that the Licensee uses the photographic work without reference to the Licensor - Ukrinform, as well as in the event of any other violation of the terms of this Agreement specified in Section 3, the Licensee may be charged a fine in the amount of 25% of the cost of the right to use the photographic work for each such violation. In this case, payment of the fine does not exempt the Licensee from the obligation to immediately terminate the violation and fulfill the obligations under the terms of this Agreement.

8.11. The Licensee is solely responsible for declaring, withholding and/or paying all taxes, duties and other mandatory payments payable in the territory of its country of residence in connection with the receipt of services under this Agreement. 

The Licensor is not responsible for compliance with the tax legislation of the Licensee’s country of residence, does not perform the functions of a tax agent of such state and is not obliged to withhold or pay any taxes for a non-resident.

 

 

9.1. The Agreement is considered concluded by the Parties at the Licensor’s location and comes into force from the moment of payment of the price of the Agreement by the Licensee and is valid until the parties fully fulfill their obligations under it.

9.2. This Agreement is publicly brought to the attention of all Licensees by publishing it on the Licensor’s website.

 

 

10.1. The Customer grants the Licensor voluntary permission to collect, process, store and use personal data for the purpose of fulfilling the terms of this Agreement, maintaining the Licensor’s accounting records, resolving other issues that arise or may arise in connection with the Parties’ performance of this Agreement, as well as to include such information in special databases (counterparties, civil law contracts, etc.) of the Licensor. In accordance with the Law of Ukraine "On Personal Data Protection" No. 2297-VI of June 1, 2010. The specified consent is given taking into account the requirements of Articles 7, 8 and 11 of the Law of Ukraine "On Personal Data Protection", is valid indefinitely and without territorial restrictions.

10.2. The Parties understand personal data as any information relating to the Licensee as a subject of personal data, including surname, first name, patronymic, year, month, any other information about the Licensee that will be provided to them and/or specified when concluding this Agreement. The Licensee is aware and understands the content of the Licensee’s rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection". The Licensee has been notified of the inclusion of data in databases (counterparties, civil law contracts).

 

 

11.1. Each Party to this Agreement guarantees to the other Party that it has the necessary legal capacity, as well as the rights and powers necessary and sufficient to conclude and ехесute this Agreement in accordance with its terms. All legal relations arising in connection with the ехесution of the terms of this Agreement and not regulated by it are regulated by the norms of the legislation in force in Ukraine.

11.2. The invalidity of a separate part of this Agreement does not entail the invalidity of its other parts or the Agreement as a whole, since the Parties admit that this Agreement could have been concluded without including such part in it.

11.3. The Licensor reserves the right, at its discretion, to amend and (or) supplement the Agreement at any time by posting a new version of the Agreement on the Licensor’s website. The current version of the Agreement is available on the Licensor’s website.

11.4. Payment by the Licensee for the photographic works means the Licensee’s unconditional agreement with all clauses of this Agreement and unconditional acceptance of its terms and obligations imposed on the Licensee under this Agreement. The fact of payment under this Agreement, as well as the Licensee’s use of the photographic works is a full and unconditional acceptance of the terms of this Agreement, ignorance of which does not exempt the Licensee from liability for their non-compliance.

11.5. The Licensee undertakes to familiarize himself with the contents of this Agreement in order to be promptly familiar with its changes. The use of the photographic works after the Licensor has made any changes to the Agreement means the Licensee’s unconditional agreement with such changes and/or additions.

11.6. The Parties undertake to keep confidential information obtained as a result of the ехесution of this Agreement, except for cases when it is authorized in writing by the other Party or required by state authorities in accordance with the current legislation. The guilty Party shall be liable for the disclosure of confidential information in accordance with the current Legislation of Ukraine.

11.7. This Agreement is available in Ukrainian and English. In case of discrepancies between the texts, the Ukrainian text of the Agreement shall prevail.

 

 

8/16 Bohdan Khmelnytsky Str., Kyiv, Ukraine, 01001

c/a: UA913510050000026009420073800

JSC UKRSIBBANK

identification code 00015332

Certificate of VAT payer № 36476579

Taxpayer identification number (IPN) № 000153326076

Is a general income tax payer

 

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