License agreement

This License Agreement (hereinafter - the Agreement is addressed) to an indefinite circle of persons and is a public offer in accordance with clause 2 of Art. 437 of the Civil Code of the Russian Federation.

This Agreement defines the rights and obligations of the parties when participating in the international photo competition "Russian Civilization" (hereinafter - the Photo Contest), fixed between the Organizer of the Photo Contest and the Participant of the Photo Contest.

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

"Agreement" - this License Agreement posted on the Internet at www.ruscivilization.ru, including all applications and rules used in this Agreement.

"Photo Contest" - is an international photo contest "Russian Civilization" organized by the Federal Agency for Ethnic Affairs (FADN). The Photo Contest is not a lottery or any other risk-based gambling. The photography competition is not profit-making.

“Photo Contest Organizer / Organizer” - the Federal Agency for Ethnic Affairs (FADN), including its affiliates, subsidiaries, representatives, successors, employees and managers.

"Site of the Photo Contest / Site" - a site located on the Internet at www.ruscivilization.ru.

"Photos" - photographic works, the exclusive right to which belongs to the Participant of the Photoconference.

"Participant of the Photo Contest / Participant" - any individual who has full ability and has reached the age of 18, who is a professional photographer or an amateur, has registered on the Site of the Photo Contest, has accepted the terms of the Regulations for the International Photo Contest "Russian Civilization", the terms of this Agreement and posted Photos to participate in the Photo Contest in your personal account.

"Winner of the Photo Contest" - the Participant of the Photo Contest who has received the highest number of points in certain categories and / or received the Grand Prix of the Photo Contest and / or received the Audience Choice Award.

"Personal Account" - a personal closed block of the Participant on the Website of the Photo Contest, to which the Participant of the Photo Contest enters through the use of a unique login and password. The personal account contains information about the Participant: a photo (filled in at will), brief information about the Participant, information about the Photo: the name assigned by the Participant, the place where the Photo was taken, the year of shooting, a short history of the Photo legend.

"Non-exclusive license" - a non-exclusive, free-of-charge right to use the Photos of the Participant of the Photo Contest in the manner and specified in this Agreement.

"Registration Form" - an electronic form located on the Site, which the Participant must fill out to register on the Site.

"Registration" - filling out by the Participant of the Registration form located on the Site, specifying the necessary information. Upon completion of the Registration procedure, the Participant of the Photo Contest understands and shares the responsibility provided for in this Agreement.

The terms have no meaning given to them in the Civil Code of the Russian Federation and used by the regulatory legal acts of the Russian Federation.

1. GENERAL PROVISIONS

1.1. The Participant of the Photo Contest grants the Organizer of the Photo Contest, free of charge, on the terms of a simple (non-exclusive) license, the right to use the Photos in all countries of the world during the entire period of protection of the exclusive right to Photos in the following ways:

- reproduction of Photos, that is, the production of one or more copies of the Photos or their part in any material form, the production in three dimensions of one or more copies of two-dimensional Photos. In this case, the recording of Photos on electronic media, including in computer memory, is also considered reproduction, except for the case when such recording is temporary and constitutes an integral and essential part of the technological process, which has the sole purpose of legitimate use of the recording or legitimate bringing the Photos to the public;

- distribution of Photos by alienating its original or copies;

- public display of the Photos, that is, any demonstration of the original or a copy of the Work directly or on the screen with the help of film, slide, television frame or other technical means, directly or with the help of technical means in a place open to the public, or in a place where a significant number of persons who do not belong to the usual family circle, regardless of whether the Photos are perceived at the place of its display or in another place simultaneously with the display of the Photos;

- import, export of original or copies of Photos for distribution purposes;

- broadcasting, that is, the message (display) of Photos for the general public on television (including by retransmission), broadcast on the Internet (in real time or in recording). In this case, a message is understood as any action through which the Photos become available for visual perception, regardless of their actual perception by the public.

When the Photos are broadcast via satellite, broadcasting means the reception of signals from the ground station to the satellite and the transmission of signals from the satellite, by means of which the Photos can be communicated to the public regardless of their actual reception by the public. Communication of encoded signals is recognized as broadcasting if decoding means are provided to an unlimited number of persons by the broadcasting organization or with its consent;

- communication by cable, that is, communication (display) of Photos for the general public on television using a cable, wire, optical fiber or similar means (including by retransmission). A message of encoded signals is recognized as a message by cable if decoding means are provided to an unlimited number of persons by the cable broadcasting organization or with its consent;

- the use of the Photos, regardless of whether the relevant actions are taken for the purpose of generating profit or without such a purpose;

- transfer of Photos to third parties to the extent of the rights provided for in this agreement;

- Processing of Photos. In this case, the processing of Photos means the creation of derivative Photos (processing and the like);

- bringing the Photos to the public (display) in such a way that any person can get access to the Photos from any place and at any time of their own choice (bringing to the public);

- use of the right to privacy of Photos. The organizer of the Photo Contest will be able, at its discretion, to allow or prohibit other persons from using the Photos. The absence of a prohibition does not count as consent (permission);

- uploading Photos to any devices of third parties who have visited the Photo Contest website;

- inclusion of Photos in layouts of information materials (brochures, booklets, posters, publications, etc.), including outdoor formats of outdoor advertising and information, as well as design projects of exhibitions, by including them in a complex or composite work. Subsequently, any materials with included Photos can be used in any of the ways listed in this Agreement, including: reproduction, distribution, communication to the public, public performance, public display, communication by cable or broadcast, use in advertising and information materials of the Photo Contest Organizer.

1.2. The rights to the Photos specified in clause 1.1. of this Agreement are transferred by the Participant to the Organizer of the Photo Contest from the date of acceptance by the Participant of the Photo Contest of this Agreement. Acceptance is considered complete from the moment the check-box is marked with agreement with this Agreement.

1.3. The participant of the Photo Contest provides complete and reliable information about the Photos.

1.4. The Participant of the Photo Contest allows the Organizer of the Photo Contest to use the Photos without indicating the author's name, if it is not possible to indicate the author's name.

1.5. The Organizer of the Photo Contest reserves the exclusive right to moderate the Photos added by the Participant and to delete / refuse to accept to participate in the Photo Contest without giving any reason.

1.6. The Participant of the Photo Contest confirms that he has read the terms of this Agreement prior to Registration, accepts all the terms of this Agreement in full and undertakes to comply with them or terminate his participation in the Photo Contest.

1.6.1. If the Participant does not agree with any provision of this Agreement, he must immediately stop using the Site and his participation in the Photo Contest.

2. GUARANTEES OF THE PARTICIPANT OF THE PHOTO CONTEST

2.1. The Participant of the Photo Contest guarantees that he is duly endowed with all the necessary powers to grant the Organizer of the Photo Contest the right to use the Photos and he has received all the necessary consents to use the image of the citizen who is the main object of the Photo.

2.2. The Participant of the Photo Contest guarantees that the Organizer of the Photo Contest can fully use the rights granted under this Agreement, without violating the rights of third parties, including the persons depicted in the Photos, and without additional payment of remuneration to the above persons.

2.3. The participant of the Photo Contest guarantees that at the time of acceptance of this Agreement, he is not aware of the rights of third parties that could be violated by the transfer of the Photos and the alienation of rights to them.

2.4. The Participant of the Photo Contest guarantees that the rights to the Photos are not transferred to them in an exclusive volume to third parties, are not alienated, are not pledged.

2.5. The Participant of the Photo Contest guarantees that at the time of acceptance of this Agreement he is legally capable, acts in his own interest without coercion, all fields of the completed Registration Form are true and filled in by the Participant himself.

2.6. The Participant of the Photo Contest agrees that the Photos posted by him as part of the Photo Contest will be available to all other Participants and visitors of the Site both directly on the Site and using various functions with a link to the original source (via mailing lists, RSS broadcasts, use as an e-card, screensaver, blog post, social media, etc.).

2.7. The Participant of the Photo Contest agrees that his name, surname and patronymic can be used publicly (published on the Website, in social networks, in information materials, outdoor advertising, etc.) without the Participant's additional consent and without paying him any remuneration.

3. REQUIREMENTS FOR PHOTOS

3.1. The transfer of Photos takes place in the following order: The Participant of the Photo Contest uploads the Photos to the Personal Account on the Website of the Photo Contest.

3.2. The participant of the Photo Contest can take part in 5 (five) nominations, in each nomination from 1 (one) to 5 (five) Photos can be displayed.

3.3. Requirements for the format and characteristics of the uploaded Photos: "JPEG" format with a resolution of at least 300 dpi with the possibility of using at least 18 (eighteen) square meters for large-format printing.

3.4. All Photos uploaded by the Participant of the Photo Contest undergo preliminary moderation. Moderation can take 12 (twelve) hours.

4. OBLIGATIONS OF THE PARTICIPANTS. LIMITATION OF LIABILITY

4.1. The organizer of the Photo Contest has the right to:

4.1.1. Unilaterally block the Photo Contest Participant's access to the Site in cases of violation by the Participant of the legislation of the Russian Federation and (or) the terms of this Agreement. The organizer of the Photo Contest is not responsible for losses (damage) incurred by the Participant in connection with the termination of this Agreement and (or) blocking. The Organizer of the Photo Contest is not obliged to inform the Participant of the Photo Contest of the reasons for terminating this Agreement and (or) blocking.

4.1.2. Carry out preventive work on the Site, for which purpose temporarily suspend access to the Site. The Organizer is not obliged to notify the Participant about preventive maintenance.

4.1.3. Modify and update the Site, add new properties or functionality that increase its performance or otherwise improve its characteristics, including in order to meet the requirements of the legislation of the Russian Federation. The Organizer of the Photo Contest is not obliged to inform the Participant of the Photo Contest about the above works.

4.1.4. Request documents confirming that the Participant of the Photo Contest has the rights to Photos (negatives of Photos, sources of Photos in "Raw" format, copies of Photos in high resolution (at least 800 pixels wide and 600 pixels high), originals of contracts or agreements with authors, their successors and / or other documents of identical legal force).

The Participant of the Photo Contest undertakes to provide the Organizer of the Photo Contest with the specified documents no later than 5 (five) calendar days from the date of sending the request by the Organizer of the Photo Contest to provide such documents.

4.1.5. Request documents confirming that the Participant of the Photo Contest has consent to use the image (s) of the citizen (citizens) who are the main object of the Photo.

4.2. The participant of the Photo Contest must:

4.2.1. Use the Site solely to participate in the Photo Contest.

4.2.2. Do not transfer the login and password from the Photo Contest Site to third parties and ensure the confidentiality of the login and password. In case of loss of login and password and (or) violation of the confidentiality of login and password, immediately notify the Organizer of the Photo Contest.

4.2.3. Do not delete or modify the Photos uploaded to the Photo Contest Site.

4.3. The participant of the Photo Contest has the right:

4.3.1. To gain access to the Site in accordance with the terms of this Agreement.

4.4. Limitation of Liability:

4.4.1. In the event that third parties (including authors and their successors, as well as representatives of government agencies) file claims or claims against the Photo Contest Organizer related to the Photo Contest Organizer's use of the methods listed in section 1 of this Agreement (subject to the guarantees specified in section 2 of this Agreement), the Photo Contest Participant undertakes to settle all claims and / or claims on their own and at their own expense. The Participant shall reimburse the Organizer of the Photo Contest for all losses incurred in connection with these claims and / or claims, including legal costs and lost profits.

4.4.2. The site is provided "as is" (as is), in accordance with the generally accepted principle in international practice. This means that for problems arising in the process of updating, maintaining and operating the Site (including compatibility problems with software products (packages, drivers, etc.) of the Participant, inconsistency of the results of using the Site with the expectations of the Participant, etc.), The organizer of the Photo Contest is not responsible.

4.4.3. The Organizer of the Photo Contest is not responsible for the inaccuracy and untimely provision by the Participant of the Photo Contest of the information established by this Agreement, which caused the disqualification of the Participant of the Photo Contest.

4.4.4. The Organizer of the Photo Contest is not responsible for the lost profit of the Participant. The responsibility of the Organizer of the Photo Contest is in any case limited to compensation for actual damage. By participating in the Photo Contest, the Participant agrees that the Organizer of the Photo Contest and its affiliates, subsidiaries, involved agencies and contractors, partners, representatives, successors, employees and managers are not liable in case of illness, injury, death, disability of the Participant, filing legal and other claims against him, as well as liability for losses or expenses that may arise, directly or indirectly as a result of:

- participation in the Photo Contest or fulfillment of any of its conditions;

- technical malfunctions of any kind, including, but not limited to, malfunctions of any computer software, cable, network, hardware, software or other equipment;

- unavailability of the Site or Internet connection;

- unauthorized interference (hacking) of the Photo Contest Site by a third party;

- electronic or human error during 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 for the cases specified in this Agreement.

4.4.6. The organizer of the Photo Contest is not responsible for the copying and distribution of Photos and materials from the pages of the Site by third parties.

4.5. For violation by the Photo Contest Participant of the guarantees listed in the section
2 of this Agreement, the Organizer of the Photo Contest reserves the exclusive right to disqualify the Participant of the Photo Contest even if he was recognized as the Winner.

5. PERSONAL DATA

5.1. By accepting this Agreement, the Participant of the Photo Contest, acting freely, of his own free will and in his interest, gives his consent to the Organizer of the Photo Contest (other affiliated persons involved in organizing and conducting the Photo Contest), as well as his affiliated and / or authorized persons to process their personal data in accordance with with the Federal Law of the Russian Federation No. 152-FZ
"On personal data" provided to the Organizer of the Photo Contest in connection with the Photo Contest by any means, including collection, recording, systematization, cross-border transfer, accumulation, storage, updating, clarification, modification, electronic copying, extraction, use, transfer, depersonalization, blocking, deletion, destruction for the purposes of the Photo Contest and the fulfillment of the related requirements of the legislation of the Russian Federation. This consent is specific, informed and conscientious.

5.2. This consent is valid indefinitely, the storage period of the personal data of the Participant of the Photo Contest is not limited.

5.3. The Participant of the Photo Contest has the right to revoke his consent by drawing up an appropriate written document, which can be sent by the Participant of the Photo Contest to the Organizer of the Photo Contest by mail by registered mail with acknowledgment of receipt, or delivered personally against receipt to the representative of the Organizer of the Photo Contest. In case of receiving a written application to revoke this consent to the processing of personal data, the Organizer of the Photo Contest is obliged to stop processing them.

5.4. The participant of the Photo Contest undertakes, upon the request of the Organizer of the Photo Contest, to immediately provide in writing additional confirmation of his consent to the provision and processing of information (or any part of it), in the manner and in accordance with the legislation of the Russian Federation.

5.5. The Participant of the Photo Contest understands and agrees that as a result of a failure, technical malfunctions, actions of third parties, including (but not limited to) a viral or hacker attack, the Participant's data posted on the Site may become available to third parties. The Participant of the Photo Contest undertakes not to make claims against the Organizer of the Photo Contest (other affiliated persons involved in organizing and holding the Photo Contest) for compensation for losses (damage) arising in this connection.

6. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE AGREEMENT

6.1. The unconditional acceptance by the Participant of the Photo Contest of this Agreement is to complete the Registration procedure on the Site by filling out the Registration Form.

6.2. Acceptance is considered complete from the moment the check-box is marked with agreement with this Agreement.

6.3. This Agreement, together with the Regulations for the International Photo Contest "Russian Civilization", posted on the Internet at www.ruscivilization.ru, constitute a complete Agreement between the Organizer of the Photo Contest and the Participant of the Photo Contest.

7. DISPUTE RESOLUTION

7.1. Before the dispute is submitted for resolution by the court, the Parties will take measures to resolve it in a claim procedure.

7.2. The claim must be made in writing. On the received claim, the Party must give a written response in essence no later than 15 (fifteen) calendar days from the date of its receipt.

7.3. The claim must contain: name, postal address and details of the person who submitted the claim; name, postal address and details of the person to whom the claim is sent.

7.4. Properly executed documents must be attached to the claim in support of the stated requirements.

7.5. The claim may contain other information that, in the opinion of the applicant, will contribute to a faster and more correct consideration of it, an objective settlement of the dispute.

7.6. In the event that the Parties fail to fulfill their obligations and fail to achieve mutual agreement, disputes under this Agreement shall be resolved and considered at the place of registration of the Photo Contest Organizer in accordance with the current legislation of the Russian Federation.

8. DURATION AND CHANGE OF TERMS OF THE AGREEMENT

8.1. This Agreement shall enter into force from the date it is posted on the Internet at www.ruscivilization.ru and is valid until the date of the withdrawal of the offer by the Participant of the Photo Contest.

8.2. The Participant has the right to revoke the offer by drawing up an appropriate written document with the obligatory indication of the Participant's full name, contact information and signature of the Participant, as well as other data that allow the Participant to be accurately identified.

8.2.1. The revocation of this Agreement may be sent by the Participant of the Photo Contest to the Organizer of the Photo Contest by mail by registered mail with acknowledgment of receipt or delivered personally against receipt to the representative of the Organizer of the Photo Contest.

8.3. If the offer is withdrawn by the Participant of the Photo Contest during the term of this Agreement, the Agreement shall be deemed terminated from the date of receipt of the revocation of the offer by the Organizer of the Photo Contest.

8.4. This Agreement may also be terminated on other grounds provided for by this Agreement.

9. OTHER CONDITIONS

9.1. Any notices under this Agreement may be sent by one Party to the other Party by e-mail to the addresses indicated on the Site, by fax, mail with return receipt or courier service with confirmation of delivery.

9.2. In the event that one or more of the provisions of this Agreement are for any reason invalid, unenforceable, such invalidity does not affect the validity of any other provision that remains in force.

9.3. Without contradicting the terms of this Agreement, the Organizer of the Photo Contest and the Participant of the Photo Contest have the right to issue the License Agreement in the form of a written bilateral document at any time.

9.4. Participation in the Photo Contest is a fact of confirmation of the consent of the Participant of the Photo Contest with this Agreement and the Regulations for the International Photo Contest “Russian Civilization”.

9.5. This Agreement is an open and public document. The current version of the Agreement is located on the Internet at www.ruscivilization.ru.

9.6. This Agreement can be changed without notifying the Participant of the Photo Contest. The new version of the Agreement comes into force from the moment it is posted on the Site. It is the personal responsibility of the Participant of the Photo Contest to regularly review the current version of the Agreement.

9.7. This Agreement is governed by and construed in accordance with the laws of the Russian Federation.