Mart 5, 2020
Public agreement on the provision of property rights to use content (license agreement)
This public agreement on the granting of property rights to use the content (license agreement) (hereinafter the “Agreement”) defines the procedure for transferring property rights to use the content, as well as mutual rights and obligations, the relationship between the Individual Entrepreneur Shinkarev Dmitry Vladimirovich, hereinafter referred to as the “Copyright Holder” acting on the basis of certificate of state registration as an individual entrepreneur No. 790582605 issued by the Shklovsky district executive committee on 08.11.2012, and by an individual, legal entity or individual entrepreneur, hereinafter referred to as the "Licensee", which accepted (accepted) the public offer (offer) ) on the conclusion of this Agreement, collectively referred to as the Parties.
1. Terms and definitions used in the contract.
1.1. Audio - music compositions, original recordings and other recordings containing sounds or series of sounds recorded in any format.
1.2. Video - films, videos and / or other audiovisual images, video elements, any moving images, animation, visual effects elements, graphic packages and interactive design projects recorded in any format.
1.3. Reproduction - the production, including duplication, of one copy or more of the content in any objective form (including different from the form in which the original exists), including permanent or temporary storage in digital or other objective form in an electronic medium or on other tangible carrier.
1.4. Download - a set of actions of the Licensee, allowing at its individual request to write content to the device’s memory, for use in accordance with the terms of this Agreement.
1.5. Images - photographs, drawings, graphics, vector graphics and the like, provided by individual files in the formats .jpg (.jpeg), .png, .gif, or other formats.
1.6. Content - images, videos, texts, audio or any other content that the Licensee downloads from a publication on the Site.
1.7. Licensee - an individual, legal entity or individual entrepreneur, including a non-resident of the Republic of Belarus, acquiring property rights to content from the Copyright Holder.
1.8. Standard license - a set of property rights to content, which includes the following non-exclusive rights:
1.8.1. reproduction (up to 500,000 copies of content copies);
1.8.2. public display of the original or copies of the content, including virtual copies of the copies of the content, if the expected number of viewers / viewers does not exceed 500,000, for information, advertising, marketing and other purposes;
1.8.3. other communication of content to the public, including on the global Internet, if the expected number of viewers / viewers does not exceed 500,000.
1.9. Extended license - a set of property rights to content, which includes the following non-exclusive rights:
1.9.1. play an unlimited number of copies of content copies;
1.9.2. public display of the original or copies of the content, including virtual copies of the copies of the content, without limiting the number of viewers / viewers, for information, advertising, marketing and other purposes;
1.9.3. other communication of content to the public, including on the global Internet without limiting the number of viewers / viewers;
1.9.4. distribution of the goods (works, services) of the Licensee through the sale or other transfer of ownership using content.
1.10. Rightholder - Individual Entrepreneur Shinkarev Dmitry Vladimirovich.
1.11. Registration form - the form determined by the Copyright Holder, which the Licensee is obliged to fill out subject to the terms of this Agreement and the purchase of content from the Copyright Holder under this Agreement, containing information about the Licensee that is essential for the execution of this Agreement, to be submitted through the Website of the Copyright Holder.
1.12. Website - a computer program and a database built on web-technologies (HTML, CSS, PHP, MySQL, etc.) and (or) with their involvement, consisting of Web pages and intended for use on the Internet, located in the information Telecommunications Network at http://fforester.com.
1.13. A message to the public is the transmission of sounds and / or images, or their displays, by wireless or wire, radio frequency or optical cable for public reception, including broadcasting and cable broadcasting. Bringing the content to the public in such a way that members of the public can access it from any place and at any time of their own choice is also recognized as a public message.
1.14. Duration of the license - the period for which the Licensee is granted rights to the content.
1.15. Text (textual information) - a group of sentences combined into a single theme and main idea, provided by the Copyright Holder in .doc (.docx) format or other formats.
1.16. Territory of the license - the territory in which you can use the License obtained by the Licensee under this Agreement.
1.17. Content instance - the original or copy of the content made in any material form.
1.18. All other terms and their definitions are used by the Parties in accordance with the legislation of the Republic of Belarus.
2. The procedure for concluding a contract.
2.1. The text of this Agreement is a public agreement (public offer) by virtue of the provisions of paragraph 2 of Article 407 of the Civil Code (hereinafter - the Civil Code) of the Republic of Belarus, in accordance with which the Copyright Holder assumes the obligation to provide access to the downloading of content on its Site in relation to an indefinite number of persons ( Licensees) who have requested (Article 396 of the Civil Code), as well as transfer property rights to the content selected by the Licensee in accordance with the terms of this Agreement. The copyright holder shall not have the right to give preference to one person over another with respect to the conclusion of this Agreement, except as otherwise provided by law.
2.2. By virtue of the provisions of paragraph 2 of Article 407 of the Civil Code, the placement of this Agreement on the official website of the Copyright Holder on the Internet at: http://fforester.com is a public offer (offer) of the Copyright Holder.
2.3. The conclusion of the contract occurs through the Licensee's accession to the proposed Agreement, that is, through the acceptance by the Licensee of the terms of this Agreement as a whole, without any conditions, exceptions and reservations (Article 398 of the Civil Code). The fact that the Licensee accepts the terms of this agreement is to fill out the Registration form on the website of the Copyright Holder and pay the fee in time and manner in accordance with the terms of the Agreement. Acceptance by the Licensee of the terms of this Agreement means that he is familiar with and fully agrees with all the provisions of this Agreement. The terms of the Agreement are standard and the Copyright Holder reserves the right not to consider or discuss the proposals of the Licensee to amend / supplement it.
2.4. To accept this agreement, the Licensee fills out the Registration form on the Rightholder's official website on the Internet at: http://fforester.com and pays the fee in accordance with the terms of this Agreement.
2.5. This agreement, subject to the procedure for its adoption, is considered concluded in simple written form (paragraphs 2, 3 of Article 404, paragraph 3 of Article 408 of the Civil Code).
3. Subject of the contract.
3.1. In accordance with the terms of this Agreement, the Copyright Holder agrees to provide the Licensee with access to download the content selected by the Licensee on the Website of the Copyright Holder, as well as transfer property rights to the content in accordance with the terms of this Agreement.
3.2. The scope of transferred property rights, the validity period of the license, the territory of the license, the amount of remuneration to the copyright holder and other conditions are determined according to the type of license chosen by the licensee and the size of the content.
4. Rights and obligations of the Parties.
4.1. Under this Agreement, the Copyright Holder shall:
4.1.1. provide access to the download of content selected by the Licensee, subject to compliance by the Licensee with the terms of this Agreement to fill out the Registration form and pay a fee;
4.1.2. to draw up the Act of transfer and acceptance of property rights (hereinafter - the Act) for the content selected by the Licensee, which is the primary accounting document, individually. At the request of the Licensee, provide him with an Act with the signature and seal of the Copyright Holder. Act - annex to this Agreement, which is its integral part.
4.2. Under this Agreement, the Copyright Holder has the right:
4.2.1. attract third parties to fulfill their obligations under the Agreement;
4.2.2. to single-handedly draw up an Act, which indicates the type of License, the Duration of the License, the Territory of the License, information about the Licensee, the amount of remuneration to the Copyright Holder;
4.2.3. receive remuneration from the Licensee;
4.2.4. use the content uploaded by the Licensee and the right to issue licenses for its use to third parties;
4.2.5. not to provide the Licensee with access to the content and not transfer property rights to use the content in the absence of the Registration form completed by the Licensee and payment of the Rightholder’s fee in accordance with the terms of this Agreement.
4.3. The Licensee hereby agrees:
4.3.1. state in the Registration form complete and reliable information;
4.3.2. pay a fee to the Copyright Holder;
4.3.3. not violate the terms of this Agreement and the obtained License;
4.3.4. not violate the personal non-property rights of the Copyright Holder;
4.3.5. to sign one copy of the Act for the Copyright Holder if it is drawn up by the Parties on paper at the request of the Licensee;
4.3.6. if it is necessary to use the content in other ways than those specified in this Agreement, the Licensee is obliged to preliminary coordinate this with the Copyright Holder by signing the corresponding additional agreements to this Agreement and paying the fee to the Copyright Holder;
4.3.7. not use the content to trade and resell their goods (works, services) using the content if non-exclusive property rights to the content were transferred to the Licensee under the standard License.
4.4. The Licensee under this Agreement has the right:
4.4.1. use the downloaded content in accordance with the obtained License;
4.4.2. to demand from the Rightholder the transfer to him of one copy of the Act.
5. The amount of remuneration, the procedure and methods of payment.
5.1. The amount of the Rightholder’s remuneration includes a fee for providing access to the content for downloading and transferring non-exclusive property rights to the Licensee (License) for the selected content.
5.2. The amount of remuneration to the Copyright Holder depends on the type of License, as well as the type and size of the content selected by the Licensee, and is indicated on the Website of the Copyright Holder.
5.3. The procedure and methods of payment of remuneration are published on the Website of the Copyright Holder at: https://fforester.com/payment-method/.
5.4. Payment of the amount of remuneration to the Copyright Holder under this Agreement is made in non-cash form by making 100% advance payment. Currency of payment: for residents of the Republic of Belarus - Belarusian ruble; for non-residents of the Republic of Belarus - US dollar, Euro or other foreign currency of the country of residence of the Licensee.
5.5. The Licensee makes 100% advance payment of the amount of the Rightholder’s remuneration immediately after selecting the content and its size, as well as the type of License. The provisions of the legislation of the Republic of Belarus on commercial loans shall not apply to the amount of advance payment.
5.6. The Copyright Holder cannot change the amount of the remuneration of the paid License for a particular Licensee if he has already accepted the conditions of the Copyright Holder and made payment of the remuneration in the prescribed manner.
5.7. The Copyright Holder has the right to change the amount of remuneration for downloading content and transferring non-exclusive property rights to use it at any time without prior notice to potential Licensees on the Site.
5.8. Until the payment of the fee to the Copyright Holder, this Agreement is not considered concluded. The moment of payment is the receipt of funds to the account of the Copyright Holder.
5.9. In case of termination of the Agreement at the initiative of the Licensee, the remuneration paid to the Copyright Holder is not refundable.
5.10. Information on the amount of remuneration is a trade secret, and is not subject to disclosure by the Parties.
6. Responsibility of the parties.
6.1. The measures of responsibility of the Parties not provided for by this Agreement and the annexes, which are its integral part, shall be determined in accordance with the legislation of the Republic of Belarus.
6.2. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Copyright Holder and the Licensee are responsible in accordance with the terms of this Agreement and the current legislation of the Republic of Belarus. Applicable law is the law of the Republic of Belarus.
6.3. Each of the Parties agrees not to disclose the confidential information of the other Party, not to provide access to this information to third parties, with the exception of cases provided for by the current legislation of the Republic of Belarus. Each of the Parties agreed to consider the entire amount of information transmitted and transmitted by the Parties to each other during the performance of obligations arising from this Agreement as confidential information (and, to the extent permitted by applicable law, as commercial secret) of the other Party.
Each of the Parties agreed not to disclose the information specified in this clause, as well as information on the amount of remuneration paid by the Licensee under this Agreement during the term of this Agreement, and also within three years after the expiration of this Agreement and / or validity Licenses
6.4. For violation of the provisions of paragraph 6.3. of this Agreement, the guilty Party shall pay the other Party a fine in the amount of 50% of the amount of the remuneration paid under this Agreement by the Licensee, as well as reimburse the injured Party for all expenses, including losses associated with the payment of penalties, damages, compensation for damage, etc. P.
7. Force majeure circumstances (force majeure).
7.1. In the event of force majeure circumstances (force majeure) that exclude or objectively impede the execution of this Agreement, the Parties do not have mutual claims, and each of the Parties assumes its own risk of the consequences of these circumstances. Force majeure circumstances include, but are not limited to, the occurrence of an industrial accident, another dangerous industrial situation, catastrophe, natural hazard, natural or other disaster, war and military conflict, social unrest (mass strikes, terrorist attacks, coups, revolutions), epidemics . These circumstances entail or may result in human casualties, harm to human health or the environment, significant material damage and violation of living conditions.
7.2. A Party exposed to force majeure circumstances and, as a result, unable to fulfill obligations under the Agreement, shall be obliged to notify the other Party in writing of this no later than 7 (seven) calendar days after the occurrence of such circumstances. Untimely notification of force majeure circumstances deprives the Party of the right to refer to them as an excuse. The party is obliged to reliably confirm the existence of such circumstances with a document issued by the authorized state body of the country in which the specified circumstances occurred.
7.3. If the circumstances specified in clause 7.1. Of the Agreement, will last more than one month, each of the Parties has the right to terminate the Agreement, followed by mutual settlements without obligation to reimburse possible losses.
8. Settlement of disputes.
8.1. Disputes and disagreements arising in the execution of this Agreement will be resolved by the Parties through negotiations.
8.2. The party whose rights are violated shall send a claim to the other party. The term for responding to a claim is 15 (fifteen) calendar days. The legal and actual addresses of the Parties are the addresses indicated in section 10 of this Agreement.
8.3. In case specified in clause 8.1. of this Agreement, disputes and disagreements cannot be resolved through negotiations, they are subject to settlement in court by the Economic Court of Minsk in accordance with the current legislation of the Republic of Belarus.
9. Other conditions.
9.1. The Parties shall recognize the location of the Copyright Holder as the place of conclusion of this Agreement.
9.2. This Agreement is concluded for the period stipulated by the Licensee selected by the Licensee.
9.2. This Agreement shall remain in force in case of changes in the details of the Parties, changes in their constituent documents, including, but not limited to, changes in the owner, legal form, etc. In case of changes in the details, the Parties are obliged to notify each other about this within seven days. The text of amendments and / or additions to this Agreement, or its new version is brought to the attention of the Copyright Holder by posting (publishing) relevant information on the website of the Copyright Holder at: http://fforester.com.
9.3. By accepting the terms of this Agreement, the Licensee confirms its consent to:
9.3.1. receiving further from the Copyright Holder information of an advertising nature by mail, SMS, e-mail and other means of communication during the period of validity, suspension of the Agreement, and after its termination;
9.3.2. collection, processing and storage of personal and passport data specified by the Licensee in the Registration form, as well as their use in cases not contrary to the legislation of the Republic of Belarus.
9.4. By accepting the terms of this Agreement, the Licensee confirms the fact of familiarization with all the annexes to this Agreement posted on the website of the Copyright Holder.
9.5. The parties recognize the legal force of documents and information transmitted through any applicable communication channels.
9.6. Exclusive property rights to the content posted on the Site belong to the Copyright Holder.
9.7. The licensee does not have the right to grant other persons the right to use the content received under this Agreement, that is, to conclude sublicense agreements.
10. Bank details and addresses of the parties.
10.1. The parties unconditionally agree, under the details of the Licensee, to read the information indicated by him regardless of the form when registering in accordance with clause 2.4. actual agreement.
10.2. Details of the copyright holder: Individual entrepreneur Shynkarou Dzmitry Vladimirovich, UNP 790582605. Republic of Belarus, 213001, Shklov, st. Enthusiasts, d.2g, apt. 54. Current account in Belarusian rubles No. BY33AKBB30130822634087000000, current account in US dollars No. BY21AKBB3010822641467000000 in branch 700 of ASB-Belarusbank OJSC, code AKBBBY2X. Bank address: Mogilev, st. May Day, 71a.