Version effective from March 20, 2020.
This is the license agreement between OKUBIKO Ltd. with headquarters in Mysłowice, Jodłowa 2, 41-40 Mysłowice, registered under the KRS 0000830458, NIP: 2220917374, REGON 385612762 (hereinafter referred to as "Camerleon") and the user using the website www.camerleon.com (also available at www.camerleon.pl) administered by Camerleon or its legal successors (hereinafter referred to as the "Website") acquiring the rights to use the services offered in The service of works, including photos and graphics, hereinafter referred to as "Works", hereinafter referred to as "Licensee". All Works posted on the Website are subject to the terms of this License Agreement (the "Agreement"). Downloading Works and any use of Works requires acceptance of all provisions of this Agreement. By downloading Works from the Website, the Licensee accepts the provisions of this Agreement before purchasing the license. This Agreement is a legally binding document of the parties to this Agreement (hereinafter referred to as the "Parties to the Agreement") from the date of the License's purchase by the Licensee under which purchase procedure the Licensee accepts its provisions and is valid for an indefinite period. If the Licensee does not accept any of the terms of the Agreement, please do not use the Website and Works and not to purchase a license and not download Works from the Website.
1. Camerleon - OKUBIKO Ltd. with headquarters in Mysłowice, Jodłowa 2, 41-40 Mysłowice, registered under the KRS 0000830458, NIP: 2220917374, REGON 385612762
2. Photographer - a Website user registering on the Website as a photographer and granting Camerleon under the Agreement with the Photographer the right to sub-license under this Agreement
3. Licensee - a user of the Website acquiring the right to use the Works offered on the Website
4. Files - electronic files containing the Work
6. Website Regulations / Terms and Conditions - regulations for using the Website available on the Website's main page under the link "Terms & Conditions"
7. Website - the www.camerleon.com website (also available at www.camerleon.pl) administered by Camerleon or its legal successors
8. Agreement - this License Agreement
9. Agreement with the Photographer - a license agreement concluded between the Photographer and Camerleon in the version available on the Website's main page under the "Photographer Agreement" link on the basis of which Camerleon sublicenses the Licensee under this Agreement.
10. Model Release - the written consent of the person visible on the Work to distribute his image signed by the portrayed person or their legal guardians
11. Property Release - a written consent regarding the object covered by the rights of third parties visible on the Work to distribute its image, signed by the owner of the rights to the image of the given object or its properly appointed proxies.
1. General Provisions
YOU MUST BE AN ADULT WITH THE RIGHT TO CONCLUDE THE AGREEMENT
YOU MUST BE DULY AUTHORIZED TO REPRESENT THIRD PARTIES
1.1. The Licensee concluding the Agreement ensures that he is an adult, has the ability to conclude the Agreement and to perform the obligations set out in the Agreement, including full legal capacity, which has not been limited in any way by court order, and no provision has been made to depriving him or limiting his full legal capacity.
1.3. Licensee representing the interests of an enterprise, company or legal entity shall ensure that it is duly authorized and authorized to represent such entity and to enter into this Agreement.
LICENSE IS GRANTED BASED ON CAMERLEON LICENSE GRANTED BY PHOTOGRAPHERS
LICENSE LICENSE IS GRANTED ON A ROYALTY-FREE BASIS, IS NON-EXCLUSIVE, PERPETUAL, WORLDWIDE, NON-TRANSFERABLE AND DOES NOT COVER COPYRIGHT
THE FIELDS OF USE DEPEND ON THE TYPE OF LICENSE
THREE TYPES OF LICENSE ARE POSSIBLE: BASIC (EDITORIAL) LICENSE, STANDARD (MARKETING) LICENSE AND EXTENDED (PRODUCT) LICENSE
2.1. Through the Website, Camerleon sublicenses the Works provided to him by Photographers, who, based on the Agreement with the Photographer concluded via the Website, authorize Camerleon to grant a license to use the Works by Licensees. At the same time, Camerleon is not a representative of Photographers who authorize him to license the Works, nor a representative of Licensees who use the Works.
2.2. Pursuant to the provisions of the Agreement, Camerleon grants the Licensee a non-exclusive, royalty-free, perpetual, worldwide and non-transferable license to use the Works and modify them as part of permitted use, but does not grant the Licensee copyright and intellectual property rights to Work.
The license covers the following fields of use:
a) in the scope of use and modification of Works as part of permitted use and with the proviso that the modifications may not go beyond color corrections, minor retouching and slight framing, and may not depreciate the Work or work Photographer, question the reputation of the people on the Work, or negatively present the content or person presented in the Work
b) in the scope of reproduction - producing by any technique copies of the Works and copies of things or materials created by the Licensee containing the Works ("Final Products”)
c) within the scope of distribution of Works and Final Products - including publishing, displaying, placing and transmitting in IT and telecommunication networks
d) within the scope of trading in Final Products - sale, rental, lease of Final Products
The use of any of the abovementioned fields of use is subject to the restrictions of the Licensee's selected license option: "Basic (Editorial) License" or "Standard (Marketing) License" or "Extended (Product) License", Which are described in the following sections. Some license options may not be available for individual Works.
No license covers the use of the Work under a trademark or logotype.
2.3. All copyrights and / or intellectual property rights to the Work are reserved and remain in the possession of the Photographer.
2.4. This license is granted subject to: (a) Licensee's compliance with all provisions of the Agreement, and (b) Licensee's timely payment of the full amount of the license fee. In the event of a breach of any of the terms of the Agreement, the Licensee shall lose the right to download and use the Works.
2.5. The Licensee is not entitled to sublicense the Works, but under the "Standard (Marketing) License" or "Extended (Product) License", respectively, taking into account the restrictions arising from these licenses, has the right to use the Works in projects prepared for third parties or persons, subject to that such third parties or third parties may use the Works only as part of the Final Products created by the Licensee without the right to use the Works in any other scope without acquiring a separate license from Camerleon to use the Work on their own. As part of the license obtained, the Licensee preparing projects for third parties or persons may use the Works only for one person or one entity. Use of the same Work in a project for another person or entity requires the purchase of a separate license from Camerleon.
2.6. Basic (Editorial) License
The Basic (Editorial) License allows the Licensee to use the Work only for private personal use or for editorial purposes in publications related to current topics and presenting real events, places or people from with the proviso that the purpose of such publication may only be to inform, not to advertise, promote or sell a product or service.
An example of permitted use of the Basic (Editorial) License:
a) in materials intended solely for private personal use, e.g. decorating your own private interiors (poster, calendar or other prints) or decorating your own private electronic devices
b) editorial use in information materials (e.g. illustration of an article in a newspaper, magazine or website, including on a blog or portal online) or non-commercial TV shows or documentaries other, related to current topics and depicting real events, places or people.
Works sold under the terms of the Basic (Editorial) License are not permitted for any commercial use, including any promotion, marketing or advertising or sale of products or services using the Work or free distribution.
These Works may contain images of people who were not allowed to use the image (without Model Release), private property (without Property Release) or contain other protected elements for which special permits may be required.
The Basic (Editorial) License does not allow modifications or edits of the Work beyond minor color adjustments and minor framing.
When using the Work under a Basic (Editorial) License, you must indicate the copyright owner and provide a link to the Website. A visible copyright notice should generally contain the following marking: "Photographer's Name / Camerleon.com".
2.7. Standard (Marketing) License
The Standard (Marketing) License contains all elements of the permitted use of the Basic (Editorial) License and allows you to additionally use the Work for promotion, marketing or advertising. The Standard (Marketing) License does not include the possibility of using the Work to sell things, products or services.
An example of permitted use of the Standard (Marketing) License:
a) in proprietary marketing, advertising and promotional materials not intended for sale (eg outdoor advertising (eg banner or billboard), indoor advertising (eg POS materials, advertising or information brochures, stands, etc.), advertising in the media (eg in newspapers / magazines, the Internet or television), in promotional materials (leaflets, brochures, folders, catalogs, advertising calendars, notebooks, notebooks, pens, pencils and stickers, tags, cups and glasses, mouse pads, T-shirts, product packaging)
b) in non-for-sale publications Internet and electronic (eg advertising banners or wallpapers on your website or on mobile devices)
c) in non-for-sale materials corporate banners (eg in presentations, posters, guidebooks), except for use under a trademark or logotype
d) in non-for-sale exhibition items and decorations (eg office, restaurant, store decoration)
e) in private materials not intended for sale (e.g. private decorations, websites, blogs)
2.8. Extended (Product) License
The Extended (Product) License contains all elements of the permitted use of the Basic (Editorial) License and Standard (Marketing) License, and additionally gives the right to use the Work for products intended for sale.
Examples of permitted use of the Extended (Product) License:
a) in printed products or prints on products intended for sale (eg calendars, cups, puzzles, book covers, posters, postcards, office supplies, mouse pads, clothing, including t-shirts, as well as product packaging)
b) in electronic products intended for sale (eg computer game, screen saver, computer program, website design or template, electronic book covers, computer games, electronic postcards - both for use on computers and mobile devices)
c) in marketing, advertising and promotional materials (eg outdoor advertising (eg banner or billboard), indoor advertising (eg POS materials, advertising or information folders, stands, etc.), media advertising (eg in newspapers / magazines, Internet or television), promotional materials (leaflets, brochures, folders, catalogs, advertising calendars, notebooks, notebooks, pens, pencils and stickers, tags, cups and glasses, mouse pads, T-shirts, product packaging)
d) in online and electronic publications, (e.g. advertising banners or wallpapers on your website or on mobile devices)
e) in company materials (eg in presentations, posters, guidebooks), except for use under a trademark or logotype
f) in exhibition elements and decorations (eg office, restaurant, store decoration)
g) in private materials (eg private decorations, websites, blogs)
3. Unauthorized use
THE AGREEMENT INDICATES A LIST OF CASES OF UNAUTHORIZED USE OF WORKS
3.1. The Licensee may not use the Works in a way that is not permitted under the given license. The Licensee may not in particular:
a) Sublicense, resell, transfer, assign, donate to any person or third party the rights to use the Works;
b) Provide the Works for free or paid download by persons or entities third, including on a shared disk, in a service, software or website for the purpose of exchange, transfer or distribution;
c) Use the Works alone in isolation from the Final Products and derive benefits from it, or use the Works as part of any product, good, service in which the Works may be available, obtained or used as independent files, in isolation from that product, good or service;
d) Create such opportunities that the Work can be extracted from the product;
e) Allow third parties to access the Work for further use;
f) Use the Work in a way that competes with Camerleon's interests, including for the purposes of creating a photo bank;
g) Use the Work to create an official logo, company name or trademark or graphic, trade name;
h) Use the Work in a way that violates intellectual property rights of the Work or third party trademarks or which would lead to a complaint of deceptive advertising or unfair competition;
i) Use the Works to send spam, i.e. to send information to recipients who have not ordered transmitted content;
j) Use the Work or the image of persons presented in the Work in a way that could reasonably be judged by Camerleon or from applicable law to be pornographic, obscene, immoral, offensive to religious feelings, undermining minority rights, violating the law, defamatory, slanderous or otherwise violating the good name of the persons represented in the Work, including portrayed persons or the reputation of the goods presented, rights or objects, including by showing a person in content related to adult entertainment venues, on escort services, on dating websites, etc.
k) Display, use or publish the Work (including with respect to advertised content) in a way that could reasonably be judged by Camerleon or the applicable law to lead to the conclusion that the persons presented in the Work personally use a specific product or service or personally support specific organizations or ideas, approve or recommend a political party, policy, candidate or chosen person for a public position, they approve or support the enterprise's products or services, including the Licensee or trademark, and in a way that suggests that the persons presented in the Work are presented in a way that may be considered sensitive or sensitive, in particular, but not limited to: physical disability or psychological, social problems, sexual activity or preferences, addictions, substance abuse, crime, physical or mental harassment, or in the context of other topics that could, in Camerleon's reasonable judge or the applicable law, be considered offensive or unflattering to the persons or places presented in the Work
l) Use the Works as profile photos, including profile pictures on social networks
m) Use the image of people presented in the Work in a way that this person would find offensive, including showing a person in the context of pornographic material, in "adult video materials", adult entertainment venues, on escort services, dating sites, etc.
n) Show the person depicted on the Work in delicate circumstances that can be reasonably judged by Camerleon be deemed offensive or unflattering towards that person (e.g. related to physical or mental illness, sexual illness or suggesting sexual activity or preferences, crime, physical or mental harassment or eating disorders);
o) Use the Work in things or products that may be reasonably judged by Camerleon to embarrass or humiliate the person or model presented in the Work;
p) Use the Work to advertise or promote tobacco or alcohol products or products prohibited by applicable law;
3.2. All prohibited uses of the Work will be considered copyright infringement, and Licensee will be responsible for any damages caused by copyright infringement, including any claims and sanctions of third parties. Camerleon reserves the right to revoke the license for any Work that Licensee uses in a manner considered to be copyright infringement. Unauthorized use of the Works results in a violation of the Agreement and may result in violation of copyright and other applicable laws and authorizes Camerleon, Photographers and injured persons and entities to seek compensation from the Licensee and to submit other claims under applicable law, without excluding financial compensation from the Licensee and beneficiaries of misuse.
3.3. Whenever the Agreement mentions restrictions on the use or use of the Work, this limitation covers both the whole and part of the Work, as well as its modifications.
THE LICENSE DOES NOT INCLUDE ANY SOFTWARE THAT MAY BE NEEDED TO DISPLAY WORKS
4.1. Software that may be necessary to display or use the Work is not included in the license fee and is not covered by the license granted under the Agreement.
PAYMENT OF LICENSES IS NECESSARY TO DOWNLOAD AND USE THE WORK
5.1. The condition for downloading and using the Works based on the provisions of this Agreement is the Licensee's prior payment of the license costs indicated on the Website.
5.2. Each payment by the Licensee on the Website results in the generation of an invoice, according to the information that the Licensee entered on the form when purchasing or saved in the customer's account on the Website. The licensee acknowledges that the taxation of transactions may depend on the information entered by him on the registration form, in particular the country of residence. A VAT invoice will be generated and sent to the Licensee to the e-mail address provided by him in the purchase form or saved in the customer's account on the Website, within the time limit resulting from the provisions of Polish law.
6. Duration of the Agreement
THE AGREEMENT MAY BE TERMINATED IN THE EVENT OF A BREACH OF THE AGREEMENT WITH THE PHOTOGRAPHER BY THE PHOTOGRAPHER, AFFECTING THE POSSIBILITY OF USING THE LICENSE OR IN THE EVENT OF A BREACH OF THE AGREEMENT BY YOUR PART
6.1. The right to use the Work becomes effective after accepting the Agreement and paying for and downloading the Work.
6.2. In the event of a violation of the Agreement with the Photographer by the Photographer affecting the possibility of using the license, Camerleon reserves the right to terminate the Agreement with immediate effect. In the event of termination of the abovementioned title, Camerleon returns to Licensee the value of the remuneration paid by him to Camerleon for acquiring the license, and the Licensee will not use the Work in future projects and undertakes to take reasonable steps to stop using the Work in projects created previously.
6.3. Camerleon may terminate the Agreement and the Licensee's right to use the Works immediately if Licensee fails to comply with any provision of the Agreement or the Website Regulations or if he fails to pay the full amount of the license fee to Camerleon on time. The above does not limit Camerleon's ability to pursue claims on general principles arising from the Licensee's breach of the Agreement or the Website Regulations. In the event of termination of the Agreement, the Licensee shall immediately cease using the Works.
7. Guarantees and liability
PHOTOGRAPHERS IN THE AGREEMENT WITH THE PHOTOGRAPHER MAKE ASSURANCES REGARDING THE RIGHTS TO THE WORKS - CAMERLEON IS BASED ON THESE STATEMENTS
WORKS ARE MADE AVAILABLE WITHOUT ANY ADDITIONAL GUARANTEES OR WARRANTIES
CAMERLEON'S LIABILITY IS LIMITED TO THE VALUE OF REMUNERATION FOR THE LICENSE
LICENSEE IS LIABLE FOR BREACHES OF AGREEMENT AND INCORRECT USE OF WORKS AND COVERS THE ASSOCIATED COSTS
7.1. Camerleon declares that he is duly authorized by persons sending Works to the Website ("Photographers") to conclude this Agreement and grant the rights described in this Agreement.
7.2. By uploading Works to the Website, Photographers ensure, in accordance with the provisions of the Agreement with the Photographer on the basis of which Camerleon obtained the right to grant this sub-license ("Agreement with the Photographer") that the Works:
a) were created by the Photographer and the Photographer is the only one the owner of all copyrights to the Works,
b) do not infringe the provisions of law, including copyright, privacy rights, image rights, personal rights of any third parties or any intellectual property rights,
c) have not been and will never be used by the Photographer or with his consent by a third party to create logos, trademarks or registered trademarks.
7.3. In the scope of Works intended solely for the purchase under the Basic (Editorial) License, the Photographer's statement regarding the use of the image of people, trademarks and logos or objects (e.g. works of art or architecture) presented in such Works may not be binding due to the nature of the Basic License (Editorial) under which Works may be offered for which, despite the use of such images, the Photographer does not have Model Release or Property Release.
7.4. Photographer sending a Work to the Service also indicates whether he has the Model Release or Property Release for the Work.
7.5. The Licensee accepts that Camerleon is based in the scope referred to in point 7.2., 7.3. and 7.4. above only on the Photographer's statements and does not verify them. Licensee will not make any claims in this respect against Camerleon, its shareholders, members of its bodies or employees.
7.6. Camerleon declares that as at the date of the conclusion of this Agreement, he is not aware of any claims of third parties regarding the copyright to the Work or its improper use.
7.7. The works on the Website are provided "as it is" without any kind of guarantee or warranty, or any kind of assurance. The Licensee assumes all risks related to the quality and use of the Work. Camerleon, its shareholders, members of its organs and employees shall not be liable for any damages, expenses or losses resulting from the use of the Work.
7.8. Camerleon does not guarantee or warrant that the Works will meet Licensee's requirements and that their use will be uninterrupted or error free. Licensee understands and accepts the entire risk of the quality and usability of the Works. In the event of a defect in the Works, Licensee assumes the total risk and total cost of making the necessary adjustments, and the liability of Camerleon, its shareholders, members of bodies and employees is expressly excluded. Licensee agrees to assume responsibility and not act against Camerleon, its shareholders, members of bodies and employees with any lawsuit regarding losses or any kind of liability arising from the use of the Work or derivative work.
7.9. Under no circumstances shall the total combined liability of Camerleon, its shareholders, members of bodies and employees towards the Licensee or a third party submitting claims directly or through the Licensee, which may result from the performance of the Agreement or the use of Works under the Agreement, shall not exceed the amount of money actually paid by the Licensee for using the relevant Works for Camerleon, regardless of the number and type of claims.
7.10. Licensee agrees to pay damages, defend and release Camerleon, its shareholders, members of bodies and employees from all liability and undertakes to cover all costs and expenses related to third parties raising any claims or imposing any obligations, if such claim and obligations have been raised and imposed in connection with: (i) the breach by the Licensee or third parties cooperating with the Licensee of any provision of the Agreement, (ii) the modification by the Licensee or third parties cooperating with the Licensee of any Works or combination and use of any Work with any text or other text material, (iii) failure by the Licensee or third parties cooperating with the Licensee any third party permits necessary to use the Works.
YOU ARE RESPONSIBLE FOR KEEPING YOUR WEBSITE USERNAME AND PASSWORD CONFIDENTIAL AND FOR THEIR UNAUTHORIZED USE
8.1. The Licensee undertakes to make reasonable efforts to prevent disclosure of the username and password to use the Website (including the one enabling downloading files from the Website) to third parties.
8.2. The Licensee undertakes to notify Camerleon in writing to the Camerleon correspondence address indicated on the Website available on the Website's main page under the "Contact" link or in electronic form to the Camerleon email address indicated on the Website available on the Website's main page under the "Contact" link by sending a notification from your email address registered on the Website with any unauthorized access or need to update or remove access.
8.3. The Licensee is responsible for unauthorized access by a person using the User's name and password.
8.4. Licensee understands that Camerleon uses login and password as the only way to determine Licensee's identity. The Licensee agrees that he takes full personal responsibility for any action taken on the Website by any user logged on to the Website using the Licensee's unique login and password, as well as the consequences of any such action subject to the terms of this Agreement and the Website's Regulations.
9. Personal Data
YOU CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA
10. Final Provisions
THE AGREEMENT WILL BE INTERPRETED IN ACCORDANCE WITH POLISH LAW, AND DISPUTES WILL BE SETTLED BEFORE A POLISH COURT COMPETENT FOR OUR SEAT. THE OBLIGATORY LANGUAGE OF THE AGREEMENT IS POLISH.
YOU CANNOT TRANSFER YOUR OBLIGATIONS ARISING FROM THE AGREEMENT TO ANY OTHER ENTITY WITHOUT OUR CONSENT
IF THE COURT ANNULS ANY PROVISION OF THE AGREEMENT, IT DOES NOT INVALIDATE THE AGREEMENT
THE AGREEMENT REPLACES ALL PREVIOUS ARRANGEMENTS BETWEEN THE PARTIES
10.1. Any disputes regarding this Agreement will be subject to settlement in accordance with Polish law, before the court competent for the seat of Camerleon. This Agreement is not subject to the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The Parties to the Agreement confirm that the Agreement as well as all other related documents, including notices, will be made in writing in Polish. All their translations or any versions in a language other than Polish may be made solely for technical purposes. In the event of any inconsistencies between the Polish version and another version, the Polish version will prevail.
10.2. In the event of any dispute between Camerleon and Licensee regarding breach of the Agreement, in the event of a favorable settlement in favor of Camerleon, Camerleon will be entitled to receive from Licensee reimbursement of court and legal costs incurred by Camerleon, including to recover fees for lawyers and legal experts, costs legal expenses and other expenses incurred in providing legal services.
10.3. This Agreement constitutes the entire agreement between Licensee and Camerleon with respect to the matters contained herein and supersedes all previous agreements or agreements in this regard, including all prior and current correspondence arrangements. No waiver, authorization, modification or amendment of the terms of this Agreement shall bind Camerleon, unless expressed in writing and signed by Camerleon.
10.4. This Agreement, and the rights and obligations listed therein, may not be transferred, in whole or in part, by Licensee without Camerleon's prior written consent.
10.5. Camerleon's rights and obligations under this Agreement also apply to the rights and obligations of its legal successors.
10.6. If the competent court considers any provision of the Agreement to be invalid, unenforceable or otherwise legally defective, the Agreement will be amended to the extent necessary for its proper performance in a way that reflects the initial intentions of the parties to the Agreement as much as possible, and the remaining provisions of the Agreement will remain valid and enforceable.
10.7. The Licensee unequivocally confirms that all information provided by Camerleon, its shareholders, members of its bodies and employees in response to questions regarding this Agreement or the Website Regulations or the use of Works are only an interpretation of this Agreement or the Website Regulations and do not constitute legal advice. Camerleon cannot provide legal advice and expressly disclaims all liability for feedback provided in this regard.
10.8. THE LICENSEE ACKNOWLEDGES AND ACCEPTS THAT EACH OF HIS ORDER ON THE WEBSITE OR DOWNLOAD OF WORKS RESULTS IN THE CONCLUSION OF THE AGREEMENT AND IS AN EXPRESSION OF ACCEPTANCE OF THE PROVISIONS OF THIS AGREEMENT AND THE WEBSITE REGULATIONS IN FORCE AT THE DATE OF THE AGREEMENT.
MOREOVER, THE LICENSEE AGREES THAT THIS AGREEMENT IS THE FULL AND SOLE DOCUMENT CONTAINING THE ARRANGEMENTS BETWEEN THE LICENSEE AND CAMERLEON AND SUPERSEDES ANY SUGGESTIONS OR PRIOR ARRANGEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE LICENSEE AND CAMERLEON REGARDING THE SUBJECT MATTER OF THIS AGREEMENT.
We recommend that Licensee should print and save this Agreement.