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License Agreement


All-Russian public organization "Russian Geographical Society" (TIN: 7812011023, OGRN: 1037858010970, located at the address: 190031, St. Petersburg, Lane Grivtsova, d. 10, lit. A), called in the future "Society", on the one hand, and the Author / Legal or Other Representative of the Author of the Photos / Videos at the XII photo contest of the Russian Geographical Society "The Most Beautiful Country", the organizer of which is the Society (hereinafter - the "Photo contest"), called in the future, "participant of the Photo Contest", on the other hand, in the future, jointly referred to as "Parties", concluded this license agreement (simple non-exclusive license) (hereinafter - the "Agreement") on the following:


Offer - a public proposal of the Company addressed to an indefinite circle of persons, on the terms contained in the Regulations on the XII Photo Contest of the Russian Geographical Society "The Most Beautiful Country" (hereinafter - the "Regulation"), as well as this Agreement.


Acceptance - full and unconditional acceptance by the participant of the Photo Contest of the terms of the Regulation and this Agreement. Acceptance is the uploading of photos / videos to the photo contest participant (photo.rgo.ru, photo-children.rgo.ru) (hereinafter referred to as the “Secontest site”).


Participant of the Photo Contest in accordance with Article 434 of the Civil Code of the Russian Federation recognizes and agrees that the written form of the transaction (placement by the Company on the website of the Photo Contest of this Agreement and the Provisions of this Agreement and the Provisions of the Photo Contest by loading photos / videos on the Photo Contest site) is considered to be complied with.


  1. THE SUBJECT OF THE AGREEMENT
    1. By participating in the Photo Contest, according to the terms of this Agreement, the participant of the Photo Contest grants the Company the right (a simple non—exclusive license) to use photographs/ videos by the Company (hereinafter referred to as photographs/ videos/ works), as well as their fragments, free of charge, as a voluntary donation to the Company's statutory activities, including:
      1. 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;
      2. distribution of a work by selling or otherwise alienating of its original or copies;
      3. 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;
      4. import of an original or copies of a work for distribution purposes;
      5. rental of the original or a copy of the work;
      6. 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;
      7. 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;
      8. 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;
      9. 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;
      10. 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;
      11. practical implementation of an architectural, design, urban planning or landscape gardening project;
      12. 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).

        13. as well as the ways that may arise in the future.
    2. The participant of the Photo Contest grants the Public the right to publish photographs/videos, the right to use photographs/ videos in the ways provided for in the "License Agreement" section of these Regulations on the territory of all countries of the world.
    3. The term of the non—exclusive license, which grants the Company the right to use photographs / videos of the Contest participants, is the term of the exclusive right of the Contest participant to take a photo from the moment the photo is uploaded to the Contest website.
    4. The participant of the Photo Contest grants the Society the right to include photographs/videos or their fragments in the composition of any complex objects (films, other audiovisual works, theatrical and entertainment performances, multimedia products, databases, etc.), as well as the right to include photographs/videos or their fragments in the composition of any composite works. The participant of the Photo Contest understands, accepts and agrees that the exclusive right to complex and composite objects of intellectual activity specified in this paragraph, which may include photographs/videos, will belong to a Society that, in turn, has the right to transfer such a right to third parties.
    5. The participant of the Photo Contest agrees that the Company may create any other independent works as a result of processing photos/ videos of the Photo Contest, including, but not limited to, any audiovisual works, animation, advertising, promo, image, informational and promotional videos and clips, as well as other results of intellectual activity and means of individualization and materials. At the same time, the Company will have the exclusive right in full to new results of intellectual activity and means of individualization, including the right to multiple (unlimited) use in full and/or partially (fragmentary) and multiple (unlimited) disposal. on a paid and/or gratuitous basis with new results of intellectual activity and means of individualization, without limitation of territory and term, at its discretion, in any existing or possible future ways that do not contradict the legislation of the Russian Federation.
    6. The Participant of the Photo Contest grants the Company the right to conclude sublicense agreements/agreements with third parties on paid or gratuitous terms within the limits of those rights granted to the Company in accordance with the "License Agreement" section of these Regulations. At the same time, the Company 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 concluded sublicense agreements/ agreements. The participant of the Photo Contest understands, accepts and agrees that the Company is not responsible to the participants of the Photo Contest for the use of photos/videos by third parties who have obtained the rights to use photos/ videos in a manner sublicenses.
    7. The Participant of the Photo Contest agrees that the Company has the right to place photos/videos of the participants of the Photo Contest on souvenir, printed and other products sold by the Company.
    8. By uploading photos/videos to the Photo Contest website, the participants of the Photo Contest automatically consent to the use of their name and photos/videos submitted to the Photo Contest for the statutory purposes of the Company, as well as consent to;the use of photographs/videos in the ways provided for in the "License Agreement" section of these Regulations.
  2. RESPONSIBILITY AND GUARANTEE OF THE PHOTO CONTEST
    1. If third parties in court or otherwise challenge the Company’s right to use photos / videos, the photo contest participant is obliged to take part in the proceedings on the side of the Company and prove the legality of the Company’s use of photos / videos.
    2. If the participant of the Photo Contest cannot prove the legality of use and disposal of photos / videos, and the Company will be held accountable, then the participant of the Photo Contest is obliged to reimburse the Company for 10 (ten) calendar days from the date of entry into force of the court decision and / or other body considering the dispute, court costs, the amount to be recovered from the Company in favor of a third party, other expenses related to the proceedings.
    3. A photo contest participant guarantees that:
      1. is the author / legal or other representative of the author of the photos / videos presented to the Photo Contest and has an exclusive right in respect of them, with the exception of archival photographs (in relation to the nomination of the ALIVE ARCHIV), in respect of which the participant of the Photo Contest is not the author, but has an exclusive right or license, the scope of rights of which is the same as the rights of the rights granted to the Company in accordance with this Agreement and
      2. photos / videos do not violate the legislation of the Russian Federation, do not contain offensive information, as well as information contrary to moral principles and generally recognized values;
      3. the content of photos / videos does not violate the rights of third parties;
      4. in the categories providing for portrait photography, or in the case of people participating in the videos of the participant of the Photo Contest, the participant of the Photo Contest received a model release / consent (consent to the publication and further use of photos / videos of the participant of the photo contest);
      5. in case of presentation to the Company of claims by the owners of copyright and / or related rights, their authorized representatives or third parties concerning the use of photos / videos by the Company, the participant of the Photo Contest undertakes at his own expense to settle all controversial issues with third parties that have filed the relevant claims, and to compensate for the damage to the Company in this regard.
    4. The legal representative of a minor participant of the Photo Contest (author of the photo / video) guarantees that he is really the legal representative of the child - the author of the works presented to the Photo Contest.
    5. The copyright in the photos / videos presented at the Photo Contest is retained by the authors of the relevant photos / videos.
  3. PERIOD OF OPERATION AND TERMINATION OF THE AGREEMENT
    1. This Agreement shall enter into force from the moment the participant uploaded the Photo Contest / Videos to the Photo Contest and is valid until the Parties fulfill its obligations.
    2. This Agreement may be terminated on the grounds provided for by the legislation of the Russian Federation.
  4. OTHER CONDITIONS
    1. Uploading photos / videos to the Photo Contest website confirms that the photo contest participants understand all the conditions of this Agreement and the Regulations, it is aware of the legal consequences of non-fulfillment of the terms of this Agreement and the Regulations, agrees with the terms of this Agreement and the Regulations, and also understands and agrees with the scope of non-exclusive rights transferred to the Company in accordance with this Agreement.
    2. All funds received from the commercial use of photos / videos are sent by the Company strictly to carry out their statutory activities, including the organization and conduct of the Photo Contest, popularization of the Photo Contest, the Company's exhibition activities, the protection and preservation of rare species of animals.
    3. Participation in the Photo Contest (the fact of registration on the photocontest website) means consent to the storage and processing of personal data of the participant of the Photo Contest in accordance with the legislation of the Russian Federation on personal data.
    4. All disputes and disagreements that may arise from or in connection with this Agreement shall be resolved in the manner prescribed by the legislation of the Russian Federation.
    5. All matters not settled by this Agreement shall be governed by the legislation of the Russian Federation.