License Agreement
This License Agreement is an offer for persons who are potential participants of the photo contest (Licensors) "The Most Beautiful Country" (hereinafter - Photo Contest), organized by the All-Russian public organization "Russian Geographical Society" (OGRN 1037858010970, TIN 7812011023) (Licensee) (hereinafter - the Society).
Acceptance of the terms and conditions of this License Agreement (acceptance) is uploading the photo to the photo contest website photo-children.rgo.ru (hereinafter referred to as the Photo Contest website).
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By participating in the Photo Contest, the Participant of the Photo Contest guarantees that:
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he/she is the author/legal representative of the author/representative of the copyright holder (in relation to photographs taken by means of camera traps for the category WILD ANIMALS) of the photographs/videos submitted to the Photo Contest and has the exclusive right to them, with the exception of archival photographs (in relation to the category LIVE ARCHIVE), in respect of which the Participant of the Photo Contest is not the author, but has the exclusive right or license, the amount of rights of which is identical to the amount of rights transferred to the Society in accordance with this section of the Regulations and allowing the Participant of the Photo Contest to transfer the corresponding amount of rights to the Society.
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photos/videos 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 recognized values;
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the content of photos/videos does not violate the rights of third parties;
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if third parties in court or in any other way challenge the Society's rights to use photos/videos, 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 photos/videos;
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if the Participant fails to prove the legality of the use and disposal of photographs/videos 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;
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in the categories providing for portrait photography or in the case of people participating in the Participant's videos, the Participant received a model release/consent (consent to the publication and further use of the photo/video by the Participant);
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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 photographs/videos by the Society, the Participant undertakes at his/her own expense to settle all disputes with third parties who have submitted the respective claims, and to compensate in this regard, damage to the Society.
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The legal representative of the minor Participant (the author of the photo/video) of the Photo Contest guarantees that he/she really is the legal representative of the child author of the works submitted to the Photo Contest.
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The copyright for the photos/videos submitted to the Photo Contest remains with the authors of the respective photos/videos.
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By taking part in the Photo Contest, the Participant, without charge, as a voluntary donation to the statutory activities of the Society, grants the Society the right (non-exclusive license) to use by the Society photographs/videos (hereinafter – “photographs” / “videos” / “works”) in the ways stipulated by the civil law of the Russian Federation, including:
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reproduction of a work, that is, the production of one or more copies of a work or part of it in any material form, including in the form of sound or video recording, the production in three dimensions of one or more copies of a two-dimensional work and in two dimensions of one or more copies of a three-dimensional work. In this case, the recording of a work on an electronic medium, including recording in the computer memory, is also considered reproduction;
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distribution of a work by selling or otherwise alienating of its original or copies;
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public display of a work, that is, any demonstration of the original or a copy of a work directly or on a screen using film, slide, television footage or other technical means, as well as demonstration of individual frames of an audiovisual work without observing their sequence, either directly or with the help of technical means at a place open to the public, or at a place where there is a significant number of people present who do not belong to the regular family circle, regardless of whether the work is perceived at the place of its display or at another place simultaneously with the demonstration of the work;
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import of an original or copies of a work for distribution purposes;
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rental of the original or a copy of the work;
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public performance of the work, that is, the presentation of the work in live performance or with the help of technical means (radio, television and other technical means), as well as the display of an audiovisual work (with or without sound accompaniment) at a place open to the public, or at a place where there is a significant number of persons who do not belong to the regular family circle, regardless of whether the work is perceived at the place of its presentation or display, or at another place simultaneously with the presentation or display of the work;
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broadcasting, that is, communicating a work to the public by radio or television. In this case, broadcasting is understood as any action through which a work becomes available for auditory and (or) visual perception, regardless of its actual perception by the public. Broadcasting the works on the air via satellite means receiving signals from a ground station by a satellite and transmitting signals from a satellite, through which the work can be brought to the attention of the general public, regardless of its 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;
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communication by cable, that is, the communication of a work to the public by radio or television by means of a cable, wire, optical fiber or similar means. The 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;
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retransmission, that is, reception and simultaneous communication on the air (including via satellite) or by cable of a complete and unchanged radio or television transmission or its essential part, communicated by air or by cable by an over-the-air or cable broadcasting organization;
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translation or other processing of the work. In this case, the processing of a work means the creation of a derivative work (editing, film adaptation, arrangement, staging, and the like). The processing (modification) of a computer program or database is understood as any of their changes, including the translation of such a program or such a database from one language into another language, with the exception of adaptation, that is, making changes carried out solely for the purpose of the functioning of a computer program or databases on specific technical means of the user or under the control of specific user programs;
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practical implementation of an architectural, design, urban planning or landscape gardening project;
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making the work available to the public in such a way that any person can get access to the work from any place and at any time of his/her own choice (making available to the public).
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The Participant of the Photo Contest grants the Society the right to publish photographs/videos, the right to use photographs/videos in the ways provided for in the section of the Regulations "License Agreement" on the territory of all countries of the world.
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The Participant of the Photo Contest grants the Society the right to include photographs/videos in any complex objects (films, other audiovisual works, theater performances, multimedia products, databases, etc.), as well as the right to include photographs/videos in any compound works. The Participant of the Photo Contest understands, accepts and agrees that the exclusive right to the complex and compound objects of intellectual activity specified in this clause, which may include photographs/videos, will belong to the Society, which in turn has the right to transfer such right to third parties.
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The Participant of the Photo Contest agrees that as a result of the processing of photographs/videos of the Photo Contest, the Society may create any other independent works, including, but not limited to, any audiovisual works, animation, advertising, promotional, image, information and announcement videos and clips, and also other results 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.
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The Photo Contest Participant grants the Society the right to conclude sublicense contracts/agreements with third parties on reimbursable or gratuitous terms within the limits of the rights granted to the Society in accordance with the “License Agreement” section of the Regulations. 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 photographs/videos and on the concluded sublicense contracts/agreements. The Participant of the Photo Contest understands, accepts and agrees that the Society is not liable to the Participants of the Photo Contest for the use of photographs/videos by third parties who have received the rights to use photographs/videos by way of sublicense.
The Participant of the Photo Contest agrees that the Society has the right to place the photos/videos by the Participants who have received the status of the finalists of the Photo Contest on souvenir, printed and other products sold by the Society.
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The Participant of the Photo Contest agrees that the Society has the right to place the photos/videos by the Participants who have received the status of the finalists of the Photo Contest on souvenir, printed and other products sold by the Society.
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The term of the non-exclusive license, which grants the Society the right to use the photographs/videos by 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 of the Photo Contest.
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By uploading photos/videos to the website of the Photo Contest, the Participants of the Photo Contest automatically give their consent to the use of their name and the photographs/videos submitted to the Photo Contest for the statutory purposes of the Society, as well as consent to the use of photos/videos in the ways provided for in the section of the Regulations "License Agreement".
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Uploading photos/videos to the Photo Contest website confirms that the Participant of the Photo Contest understands all the conditions of the Regulations, he/she understands the legal consequences of failure to comply with the terms of the Regulations, agrees with the terms of the Regulations, and also understands and agrees with the amount of non-exclusive rights transferred to the Society in accordance with the "License Agreement" section of the Regulations.
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All funds received from the commercial use of photos/videos are directed by the Society strictly for the implementation of statutory activities, including the organization and conduct of the Photo Contest, popularization of the Photo Contest, exhibition activities of the Society, protection and preservation of rare species of animals.