This License Agreement (hereinafter referred to as «the Agreement») is a legal license agreement between OMNI M LTD, a legal entity registered and operating under the laws of the Republic of Cyprus (hereinafter – «the Licensee») and an individual (hereinafter – «the Licensor» or «the User») who is expressing the intention of creating an account on the Licensee’s website http://fotoshkola.net. The Licensor and the Licensee agree to be bound by the following terms and conditions of this License Agreement:
1.1. «Site» shall refer to the group of webpages under the domain name of fotoshkola.net that are regarded as a single entity that belongs to the Licensee.
1.2. «Work» shall mean a photograph or image uploaded to the Site by the User whose right is recognized as exclusive.
1.3. “Account” shall refer to the User’s data which is required to identify the User on the Site and to provide access to the User’s Personal Profile
1.4. «Login» shall mean the unique identifier of the User’s Account on the Site.
1.5. «Password» shall refer to the sequence of characters that is to be entered on the Site and that allows the User to log in to the Account.
1.6. «Personal Profile» shall mean the Site pages to which the User has access after entering the Login and the Password.
1.7. "Testimonial" – shall refer to the description of User’s personal experience from learning and using the Site, that the User is willing to share with the Site community and Internet-community.
2. Grant of License
2.1. By uploading one or more Works onto the Site, in compliance with the Agreement the User grants to the Licensee the royalty-free non-exclusive license for the Works to be used in all countries of the world and on the Internet during the period specified in 2.4.
2.2. In compliance with the Agreement, the User grants to the Licensee the royalty-free non-exclusive license for the Works uploaded to the Site before the Agreement is published on the Site, to be used in all countries of the world and on the Internet during the period specified in 2.4.
2.3. In compliance with the Agreement, the Licensor grants to the Licensee the following rights:
- the right to make the Works public;
- the right to modify the Works;
- the right to display the Works publicly;
- the right to make the Testimonial public;
- the right to modify and display the Testimonial publicly.
2.4. The Agreement duration is 5 (five) years from the date the User last logged in to the Personal Profile.
2.5. The Licensor agrees to grant the Licensee with the right of sublicense limited by Clauses 2.1-2.4 of the Agreement to use the User’s Works. The Sublicense includes the Works provided royalty-free by the Licensor to the «OE ONLINE» Ltd. and to the third party: OMNI M Ltd., address: Vasili Michailidi, 9, 3026, Limassol, Cyprus, Registration Number: HE 352761.
2.6. In case the Licensee’s exclusive right on the Site is transferred to a third party, the Licensor agrees to transfer all the rights and obligations specified in the Agreement to this third party.
3. Rights and obligations of the parties
3.1. The Licensor preserves the right to use the Work.
3.2. The Licensee has the right of not reporting on the Work and Testimonial use.
3.3. The Licensee has the right to contribute prefaces, afterwards and comments to the Work and Testimonial, to use them for advertising purposes and with logos.
4.1. The Licensor warrants that:
4.1.1. The Licensor is the sole author and proprietor of the Work and has full power to enter into this Agreement.
4.1.2. The Licensor’s rights to the Works at the moment of their transferral are not subject to any lien or exclusive right transferral to a third party, or to any prior license agreements, other claims or rights of third parties which may interfere with the rights herein granted to the Licensee.
4.1.3. No other parties that provided technical or any other support to the Licensor in creating the Work shall claim authorship or royalties for the Work use or rights. In the event of such claims, the Licensor is solely responsible for settling these claims and defending the Licensee against any of them.
4.2. The Licensee warrants the adherence to the Licensor’s moral rights when using the Works.
OMNI M LTD
Address: Vasili Michailidi, 9, 3026, Limassol, Cyprus
Registration Number: HE 352761
Director: Christiana Savva
By creating an account on this Site, the User agrees to be bound by the terms and conditions of the License Agreement.