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This License Agreement is an offer for the individuals who are the potential participants in the photo contest (“Licensors”) "The Most Beautiful Country" (hereinafter, the “Photo Contest”), which is organized by the All-Russian Public Organization “Russian Geographical Society” (Primary state registration number 1037858010970; Tax identification number 7812011023) (“Licensee”) (hereinafter, the “Society”).
The act of uploading a photo to the website of the Photo Contest photo.rgo.ru (hereinafter referred to as the “website of the Photo Contest”) constitutes acceptance of the terms of this License Agreement.
1. By uploading photos to the Photo Contest website and agreeing to the terms of this License Agreement, the participant/legal representative of the minor participant (the author of the photo) guarantees that:
1.1. he/she or the person he/she represents (the child who is the author of the photo) is the legal owner of the photographs submitted to the Photo Contest and has an exclusive right to them;
1.2. the photographs do not violate the legislation of the Russian Federation, do not contain offensive information, as well as information that is contrary to moral principles and generally accepted values;
1.3. the content of the photos does not violate the rights of third parties;
1.4. if third parties, in court or in any other way, challenge the Society's rights to use the photos, the participant is obliged to take part in the proceedings on the side of the Society and prove the legality of the Society's use of the photos;
1.5. if the participant fails to prove the legality of the use and disposal of the photographs and the Society is held liable, the participant is obliged to reimburse the Society within 10 (ten) calendar days from the date of entry into force of the decision of the court and/or other body considering the dispute legal costs, the amount subject to collection from the Society in favor of a third party, other costs associated with legal proceedings;
1.6. in the categories providing for portrait photography, the participant received a model release (the model's consent to the publication and further use of the photograph by the photographer);
1.7. in the event of claims against the Society from the owners of copyright and/or related rights, their authorized representatives or third parties regarding the use of the photographs by the Society, the participant undertakes at his/her own expense to settle all disputes with third parties who have submitted the respective claims.
2. The legal representative of the minor participant (the author of the photo) of the Photo Contest guarantees that he/she is indeed the legal representative of the child – the author of the works submitted to the Photo Contest.
3. The copyright for the photographs submitted to the Photo Contest remains with the authors of the respective photographs.
4. By taking part in the Photo Contest, the participant, without charge, as a voluntary donation for the statutory activities of the Society, grants the Society the right (non-exclusive license) to use the photos by the Society in the ways stipulated by the civil law of the Russian Federation, including:
- reproduction, including, but not limited to, by posting the photographs in publications of the Society, in the portfolio of the Society, photo albums, printed and electronic media, information and advertising booklets, as well as souvenirs and other products sold by the Society;
- distribution by selling copies of the photographs by any means and in any form;
- public display in any form, including, but not limited to, during the Photo Contest and competitive exhibitions;
- import of the original or copies of the work for distribution purposes;
- rental of the original or a copy of the work;
- public performance of the work (presentation of the work in live performance or with the help of technical means (radio, television and other technical means);
- processing by any existing means (including any editing, overlaying graphic or musical design, creating any independent works);
- communication to the public by any means, including broadcasting, cable communication;
- communicating to the public (in any form and by any means via the Internet), including social networks and all of the Society's websites).
5. The participant of the Photo Contest grants the Society the right to use the photographs in the ways provided for by this License Agreement on the territory of all countries of the world.
6. The participant of the Photo Contest agrees that, as a result of processing of the photographs of the Photo Contest, the Society may create any other independent works, including, but not limited to, any audiovisual works; animation, advertising, promo-image, informational and announcement videos and clips; and also other products of intellectual activity and means of individualization and materials. In this case, the Society will have the exclusive right, in full, to the new results of the intellectual activity and means of individualization, including the right to multiple (unlimited) use, in full, and/or in part (partial), and multiple (unlimited) disposal on a reimbursable and/or gratuitous basis of new results of the intellectual activity and means of individualization without limiting the territory and term at its discretion by any existing or likely to arise in the future ways that do not contradict the legislation of the Russian Federation.
7. The participant of the Photo Contest grants the Society the right to conclude sublicense contracts/agreements with third parties on reimbursable or gratuitous terms within the limits of the rights that are granted to the Society in accordance with the terms of this License Agreement. At the same time, the Society has the right to independently determine the cost of sublicenses and not provide the participant of the Photo Contest with reports on the use of the photographs and concluded sublicense contracts/agreements.
8. The term of the non-exclusive license that grants the Society the right to use the photographs of the participants of the Photo Contest is the period of validity of the exclusive right of the participant of the Photo Contest to a photograph from the moment the photo is uploaded to the website photo.rgo.ru.
9. By uploading the photos to the Photo Contest website, the Photo Contest participants automatically give their consent to the use of their name and the photographs submitted for the Photo Contest for the statutory purposes of the Society, as well as consent to the use of the photos in the ways provided for by this License Agreement.
10. Uploading the photos to the Photo Contest website confirms that the participant of the Photo Contest understands all the terms of this License Agreement, understands the legal consequences of failure to comply with the terms of this License Agreement, agrees with the terms of this License Agreement, and also understands and agrees with the amount of non-exclusive rights transferred to the Society.
11. All funds received from the sale of copies of the photographs are directed by the Society strictly for the implementation of statutory activities, including the organization and conduct of the Photo Contest, exhibition activities, protection and preservation of rare species of animals.
12. This License Agreement enters into force from the date of acceptance of the offer – from the date the photo is uploaded to the Photo Contest website.
13. This License Agreement may be terminated by agreement of the Parties or on the grounds provided for by the legislation of the Russian Federation.
14. In case of disagreement, the Parties (“Licensee” and “Licensor”) will take all measures to resolve them through bilateral negotiations.
15. All issues not regulated by this License Agreement are governed by the legislation of the Russian Federation.
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