Terms definition
S.H.P Special Help Projects
A special category of products to support art education for children. The proceeds of the sale of these products is used to support art schools or other activities promoting children´s creativity. A category of products enabling you to take advantage of purchased photographs in both print and electronic form, if not restricted by licence. You need not inform us where you have used the purchased product and how many times. Read carefully the RF and SHP sections of the licence terms.
SP
Category of special products completed projects like (e. g. calendars, postcards etc). The projects are in Adobe Illustrator with photographs. You only need to place the logo and texts and send the data to print. By purchasing a product from the SP category you acquire an exclusive licence for the period of 1 year. You must publish and distribute the product within this period. If you have not published and distributed the product within this period, you must request a prolongation of this term. After publishing the product, you are obliged to send 1 copy to our address.
RF
Royalty free category. A classic category of products which enables you to take advantage of the purchased photographs in both print and electronic form, if not restricted by licence. You need not inform us where you have used the purchased product and how many times. Read carefully the RF section of the licence terms. Any other use is permitted only with our prior written consent and the purchase of licence. In the event that you could not find a category under which you wish to use the photographs or need a higher number of copies, contact us at info@thepicturetree.info. We will give you all necessary information.
RM
Rights managed category. A category of products for which you must purchase licence for a certain number of copies or issues. You may only use the photographs for this particular purpose in print and electronic form if not restricted by licence. Read carefully the RM section of licence terms.
Any other use is permitted only with our prior written consent and the purchase of licence.
In the event that you could not find a category under which you wish to use the photographs or need a higher number of copies, contact us at info@thepicturetree.info. We will give you all necessary information.
Licence agreement
Concluded pursuant to § 40 et seq. of the Copyright Act
Between
Author/Licensor:
ThepicturetreeTM
Agentúra Zachar s.r.o.
Súkennícka 24
821 09 Bratislava
Slovakia
IČO (Incorporation No): 31385893
IČ DPH (Tax Identification No): SK2020320973
Agentúra Zachar s. r. o is the operator of the online web-page HYPERLINK "http://www.thepicturetree.info" www.thepicturetree.info.
And
"User"
The user named in the registration form on the HYPERLINK "http://www.thepicturetree.info" www.thepicturetree.info web-page. This Licence Agreement forms an inseparable part of the registration form and the user must approve it in its entirety before completing registration. It will not be possible to conclude registration and proceed to purchasing any goods placed on our web-page without prior approval of this agreement.
I. Subject matter of agreement
The copyright on the picture material and property rights to their originals belong to the authors of the work, who are represented by Zachar Agency (sub-licence, or other agreements with authors) or the property rights are owned directly by Agentúra Zachar s. r. o.
Under this agreement the author grants the user licence to use the author’s work. This licence agreement GRANTS PERMISSION TO USE the photographs as follows:
in your personal, professional, publishing or clients’ projects including printed materials, advertisements, packaging materials, presentations, videos, on-line or multimedia projects, www projects, posters, billboards.
This licence agreement DOES NOT GRANT PERMISSION TO USE the photographs as follows:
You may not send any image or images from this CD to any electronic banner, place the images online in a downloading format from any computer or disc or use the images on a web-page in a resolution higher than 72 dpi. If you need to place photographs online on a server for downloading, you may use solely images from our web-page which have an irremovable watermark in a maximum resolution 300x200 px 72 dpi and solely with our written consent, which we will send you upon request. You may not use or let third parties use any of the images for the purpose of creating pornographic, offensive, obscene or libellous images. You may not use the images for direct resale (i. e. you may not resell the image, it may however be used in your project, e. g. in printed or other form and sold as a part of your project). Your client may not further disseminate the images otherwise than permitted herein. A breach of this provision may result in criminal charges against you. You further agree, that in the event that you use the images or other work purchased from us contrary to this agreement, you will indemnify our company for all damages caused by such act. This licence is valid until it is cancelled. If you do not fulfil all requirements and obligations stated in this agreement, do not continue registration.
LIMITATION
Agentúra Zachar s. r. o guarantees that the images will be without defects of material and work for the period of three days from delivery. You have the exclusive right for a replacement or correction of the image. Agentúra Zachar s. r. o gives no further guarantee for marketability, suitability for a certain purpose or compatibility with any computer or other equipment either expressed or implied.
Neither Agentúra Zachar nor its representatives, agents, employees or partners are liable for any damages.
The limitation of the seller’s liability for defects of the merchandise delivered in electronic form arises on the basis of regular checks of the offered product/goods carried out on the seller’s server and simultaneously from the buyer’s option to acquaint himself with the quality, type and form of the offered product/goods before filling in the written order form and/or entering into the purchase agreement. By filling in the written order form and/or by entering into the purchase agreement the buyer confirms that he accepts the quality, type and form of the product/goods and agrees with the fact, that the merchandise has properties as requested by the buyer.
II. Terms of use and scope of licence
The user is obliged to use the author’s work as follows:
When you purchase a photograph, CD or DVD or any other work, Agentúra Zachar s. r. o grants you non-exclusive, non-transferable licence. You may not use the work on more than one computer or workstation at the same time, or on one network or multi-user system. You may use the same product on your local LAN network on no more than three computers at the same time and only if the nature of the end product you are manufacturing requires so.
Warning: thumbnail of the photograph with watermark serves exclusively for the design of layouts and may not be used in any manner in the end production. The photograph may only be used after the licence fee has been paid.
CM Composition Image – thumbnail photograph without watermark 72 dpi:
Your have licence to use the images solely for the graphic designs of projects. The photograph may not be used in any other manner in the end production. For this purpose, you must purchase the photograph in the required resolution with rights for use. The only exception is the use of composition images for the purpose of creating contact sheets in printed form or online on a web-page (the online resolution may not exceed 200x200px 72 dpi) if the nature of the project you are creating requires so.
Royalty free photographs, CDs and DVDs:
You have licence to use the image in any of the following end products: printed materials including newsletters, leaflets, flyers, brochures, annual reports and advertising and promotion campaigns, publishing work including magazines, newspapers and books, billboards, outdoor advertising and packaging. Online presentations, web and multimedia designer projects (the resolution may not exceed 72 dpi).
No images in resolution over 72 dpi 100x200px may be used on-line in a format for free download or FTP format with free access to data. The use of the image for creation of pornographic, offensive, obscene or libellous images constitutes a breach of this agreement.
Images with 72 dpi may be used exclusively for www presentations or other online projects, never for printed materials. For printed materials you must purchase an image with a resolution higher than 120 dpi.
Rights managed photographs and CDs/DVDs:
You have licence to use the images in any of the following end products: printed materials including newsletters, leaflets, flyers, brochures, annual reports and advertising and promotion campaigns, publishing work including magazines, newspapers and books, billboards, outdoor advertising and packaging. Unless otherwise stated herein, all rights managed products and images have restriction of licence as follows:
The licence permits solely a single use of the work in one material or project with a maximum number of copies 10 000 pcs for printed materials and only for one project e. i. presentation CD or web page for electronic use. Any repeated use of work is allowed only if you purchase a new licence even if the repeated use in question is a reprint or reissue of the original work using rights managed photographs.
Special Help Projects S. H. P photographs, CDs/DVDs:
You have licence to use images in any of the following end products: printed materials including newsletters, leaflets, flyers, brochures, annual reports and advertising and promotion campaigns, publishing work including magazines, newspapers and books, billboards, outdoor advertising and packaging. Online presentations, web and multimedia designer projects (the resolution may not exceed 72 dpi).
No images in resolution over 72 dpi 100x200px may be used online in a format for free download or FTP format with free access to data. The use of the image for creation of pornographic, offensive, obscene or libellous images constitutes a breach of this agreement.
Images with 72 dpi may be used exclusively for www presentations or other online projects, never for printed materials. For printed materials you must purchase an image with a resolution higher than 120 dpi.
Special Projects S.P projects and CDs/DVDs:
By buying an SP project you acquire licence to use the project as a whole for one edition of maximum 25 000 printed copies. For a larger number of copies, you must purchase rights for use in higher number of copies.
You may insert data about publisher and client, logotype or text information.
You are not authorized to materially change the graphics or photographs of the project without our prior written consent. You are further not authorized to remove the technical description of the project containing number of project and our web-page without our written consent.
You are obliged to comply with the technical instructions concerning the project.
No images or parts of the project in a resolution higher than 72 dpi with a maximum of 500x500px may be used online or in a format for free download or FTP format with free access to data. The use of the image for creation of pornographic, insulting, obscene or libellous designs or images is considered a breach of this agreement.
Licence for special projects is excusive and valid for the period of one year.
The user is obliged to use the author’s work at his expense. The contractual period for the right to use the work commences on the day of when this agreement becomes valid and effective. The period of use for individual products is as follows:
Special projects: one year
Special help projects SHP photographs and SHP CDs/DVDs: ten years
Right managed photographs: one year
Royalty-free photographs and royalty free CDs/DVDs: fifteen years
CM composition images - thumbnail without watermark 72 dpi: three years
After the right to use expires it is necessary to ask for a licence renewal.
The author grants the buyer a limited and non-exclusive licence for the royalty free, rights managed photographs, special projects and special help projects.
III. Royalties
For the consent to disseminate his work, the author receives royalties in an amount stated with each individual type and size of product for the whole duration of the contractual relationship.
IV. Duration of the agreement
The agreement is concluded for an unlimited period of time.
V. Rights and obligations
The author is obliged to provide to the buyer necessary cooperation in the dissemination of the work, especially to deliver to the buyer the work on paper or online so that the buyer may further use the work for purposes stated in article 2 of this agreement. The author is obliged to deliver the work on time and adapted so that it may be used in the agreed manner. The user is entitled to give consent to third parties to use the work within the scope of the granted licence (hereinafter referred to as “sublicence”) only with the author’s consent. The buyer may enter into agreements to transfer the licence only with the author’s prior written consent.
VI. Final provisions
Any annexes and modifications hereof are valid only in a written form, after their approval and signing by both Contracting Parties hereto.
Any disputes arising from this agreement will be settled in mutual consultations of the contracting parties.
The contracting parties declare that they are fully capable of legal acts, that the text of this Agreement is a certain and comprehensive expression of their serious and free will to be contractually bound so, that they have read the Agreement before signing it and have fully understood its content and scope and by signing it in person they express their consent with it.
This agreement comes into force and effect on the day of the user’s valid registration in the online system of HYPERLINK "http://www.thepicturetree.info" www.thepicturetree.info. The registration becomes valid only if the user agrees with this agreement.
This agreement has been concluded under Slovak laws and all legal relationships arising under this agreement are governed by Slovak laws. All disputes shall be settled by the courts of the Slovak Republic.
This online agreement replaces a hardcopy of the agreement. The user is not entitled and will be barred from completing registration and purchasing products, which the author offers online, without approving this agreement and the general terms and conditions. Ticking the box for approval of the contracting conditions on the online web-page of the author (Agentúra Zachar, HYPERLINK "http://www.thepicturetree.info" www.thepicturetree.info) replaces signature and the user agrees, that such approval of this agreement fully replaces in this case and for this purpose his signature.
The validity of this agreement pertains to goods delivered in electronic form by download as well as to goods delivered to the user’s address.
In the event that any of the provisions of this Agreement is or becomes invalid due to its non-compliance with valid legal regulations, the other provisions of this Agreement remain valid and the Contracting Parties shall agree on such a modification of the affected provisions so as to ensure that the new modification is as close to the original modification as possible.
You agree that the software will not be send, transferred or exported to any country or used in a manner which is prohibited by export laws, restrictions or regulations.
In the event the Purchase agreement and these general terms and conditions are translated into another language, in case of doubt in interpreting individual provisions, the Slovak version is binding.
We reserve the right to modify prices as well as the terms
and conditions of licence and of sale without notice and stating reason.
