DFS LICENSING CONDITIONS

 

These Licensing Conditions are binding and regulate the contractual relationship between DFS and the client, unless agreed otherwise in writing in specific cases.

Please read the Licensing Conditions carefully before making a transaction as the Licensing Conditions are binding. Downloading an image constitutes an unconditional consent to the Licensing Conditions. Make sure in advance that the required images fit the purpose for which they are to be used before making the transaction. The transaction cannot be cancelled after downloading the image.

DEFINITIONS

'Image'
means for the purposes of these Licensing Conditions a photographic, motion-picture, digital or other similar material recorded on a similar basis.
'Client'
is defined as a legal entity or an individual who receives a licence to use the image.
'User'
is defined as a legal entity or an individual for whose benefit the image is licensed and used. User may be identical with ‘client’.

MANNER, PURPOSE AND SCOPE OF USE OF THE IMAGE

All DFS images are protected by international laws and conventions regulating copyright. Copyright in the images is held either directly by DFS or by the authors represented by DFS. The client receives in accordance with these Licensing Conditions a valued, non-exclusive and non-transferrable licence to a single occasion of exercise of the right to use the image in the manner described in the order. The time scale of use of the image is limited to the period of one year from the date when the valid licence was granted, unless agreed otherwise. All further use of the image is subject to a new fee and requires a new licence.

If the client uses the image contrary to the granted licence or if the user makes the image available for use by a third party other than the client or the user for whom the specific work was carried out, the client has the obligation to pay to the agency a contractual penalty amounting to ten times the price of the licence; this is without prejudice to any rights of the agency for compensation.

In using the image the client undertakes to protect the legitimate interests of DFS primarily by not using the image and not allowing it to be used in a manner that is pejorative, defamatory or causing disturbance, or otherwise interferes or may interfere in an undesirable manner with the rights or legitimate interests of DFS, the author or third parties.

The client agrees that he is authorised to exercise the right to use the image only on the basis of the granted licence. The client has no obligation to use the licence.

The client must keep accurate and detailed records of the use of every image. Such records must include the name of every client or user, identification of the image as well as the date or dates when the images were used. The client must submit copies of such records upon request of DFS.

If the client breaches any of the Licensing Conditions, DFS is entitled to terminate the client’s account without prior notice. In such case DFS will not return unused credit.

PRICE OF LICENCE AND PAYMENT CONDITIONS

The fee for granting the licence is based on the credit system detailed on DFS web. The credit is valid for the period of one year from the date of purchase of the credit. The user has no obligation to use the credit.

By granting the licence to use the image DFS does not guarantee fitness of the image for the intended purpose of its use. The client must check the image carefully and consider its fitness for its intended purpose before downloading the image. The licence is granted upon downloading the image and this transaction is irreversible.

QUOTING THE NAME OF AUTHOR

The client has the obligation to quote the name of DFS and the author of the image in a manner that is typical for the agreed use and at the same time in such a manner that allows unique identification of the authorship of the relevant image.

INDEMNITY

The client agrees that DFS be indemnified and held harmless for any damage caused by use of its images other than that explicitly allowed by the Licensing Conditions. The client further agrees that DFS will be compensated for all costs and expenditures incurred by DFS in case of any breach of the Licensing Conditions.

The client agrees that DFS is not liable for any damage, costs or losses resulting from adjustments made to the images or from the context in which the images were used.

GENERAL PROVISIONS

Legal relations not explicitly regulated by these Licensing Conditions are governed by the legal order of the Czech Republic and in particular by the Copyright Act No. 121/2000 Sb. as amended and the Civil Code No. 40/1964 Sb. as amended.

DFS grants the licence to the client in its own name on the grounds of authorisation from the author(s) of the image including the authorisation to grant licences under the Copyright Act.

Invalidity of any provision of these Licensing Conditions does not cause invalidity of the Licensing Conditions as a whole, unless it concerns a fact that has such effect under law.

Partial failure of DFS to exercise or enforce its rights does not constitute waiver of such rights.

The client consents to receiving informational or advertising messages within the framework of rendered services. This consent may be revoked at any time by the client’s sending a message to that effect to the contact email of DFS.

DFS reserves the right to change these Licensing Conditions.

Any disputes between DFS and the client will be preferably resolved by an amicable settlement. In case of a lawsuit the claim will be made at the court having local jurisdiction over DFS under section 89 of the Rules of Civil Procedure.

These Licensing Conditions are effective as of 1st January 2014.

PERSONAL DATA PROTECTION

Protection of data of our customers is a priority for us.

We state that we are aware of the importance of protection of such data and of compliance with all legal and ethical rules related to processing of such data.

In carrying on its business DFS does not provide or sell personal information of its clients to third parties, nor does DFS collect or process sensitive data of its registered users.