§ 1. Definitions
The following expressions are defined for the needs hereof:
Licensee’s Specific Work – production of the Licensee which may incorporate a Film Take or which a Film Take may be connected to – within the scope of the License
Registration Form – form which is available on the Website through which the User submits information necessary to perform the Order
License, License Agreement – agreement which content is available at the Website, concluded between the Licensee and the Licensor upon effecting the License Fee by the Licensee for obtaining non-exclusive license for Film takes / Photos
Licensee – User who obtains the right to use a Film take / Photo under the License Agreement upon effecting the License Fee; business entity whose data has been disclosed in the Order
Licensor - entity who gives permission to use its rights to the specific work which is subject to the copyright law: Jacek Drofiak "Drofiak Film" / Artur Gajdziński "ARTCAM"
License Fee - single license fee specified on the Website, amount of which depends on the scope of license chosen by the Licensee
Regulations – this Regulations of the Website „ujecialotnicze.pl”
Website - website available at the address http://www.ujecialotnicze.pl/, which contains the collection of Film takes and Photos of the Licensor
Film take / Photo - air film take or air photo chosen by the Licensee which is made available by the Licensor through the Website
User – person using the Website
Demo Version - demo version of a Film take / Photo assigned with watermark which the Licensee may use free of charge on the terms and conditions specified in the License Agreement and in the Regulations
Website Owner - Jacek Drofiak „Drofiak Film”, Artur Gajdziński „ARTCAM”
Scope of license - scope of using a Film take / Photo determined by the Licensor and constituting a field of exploitation
§ 2. General Provisions
1. This Regulations shall determine the rules for using the Website made available by “Drofiak Film” Jacek Drofiak, Wilcza 18/12a 00-532 Warsaw, Taxpayer Identification Number (NIP): 526-278-68-14, Statistical Number (REGON): 141561344 and “ARTCAM” Artur Gajdziński, Krasnobrodzka 10/52, 03-214 Warsaw, Taxpayer Identification Number (NIP): 524-104-33-44, through the address http://www.ujecialotnicze.pl/.
2. Use of the Website and the of the services provided through the Website shall mean the approval of the terms and conditions hereof.
§ 3. Scope and object of the services rendered
1. The Website offers the following services:
possibility to watch and download, free of charge, Film takes and Photos in a Demo Version, without the possibility to use them in productions
possibility to submit Orders through “add to the basket” function for the Film takes and Photos offered by the Website within the chosen scope of license
on-line payment of the License Fee through PayU settlement agent
possibility to grant the License for the use of Film takes / Photos by using them in the Licensee’s Specific Work, on the terms and conditions stipulated herein and in the License Agreement
2. Services consisting in submission of the Orders and performance of on-line payments shall be available to the registered Users.
§ 4. Rules for submission of the Orders
1. The Orders shall be accepted in the electronic form through “add to the basket” function available at the Website. The Orders may be submitted through the Website 7 days a week, 24 hours a day.
2. In order to submit the Order the User shall open an account at the Website, fill the Registration Form and log in. The User shall submit the following data in order to complete the registration procedure: e-mail, Taxpayer Identification Number (NIP), company’s name, country, address, city, post code. The Order shall be performed provided that data are truthful.
3. Correct submission of the Order shall mean indication by the user of the chosen Film take / Photo, Scope of license from the drop-down list and the quantity, and, subsequently, use of “add to the basket” function. In case of any doubts concerning determination of the Scope of license, it is recommended to contact the Licensor to the address firstname.lastname@example.org. The full appraisal shall depend on the chosen parameters of the Order.
4. Parameters of the Order may be edited by using „Basket” button located on the menu bar. Amendments introduced shall be each time confirmed by the „Update the basket” button.
5. In order to confirm submission of the Order the „Order performance” function shall be chosen. The system requires to submit name of a company, Taxpayer Identification Number (NIP), address and to confirm the acceptance of the Regulations.
6. On-line payments performed through PayU settlement agent shall be the only payment form.
7. After the payment is accepted by PayU system, the Licensee shall be sent the link to the full version of a Film take / Photo to the e-mail address indicated within the registration procedure. The file shall be downloaded from the link obtained.
§ 5. Rules for using the services and copyrights
1. All the Film takes / Photos made available at the Website are subject to copyright law protection stipulated in the Act of 4 February 1994 on copyright and related rights (consolidated text: Journal of Laws No. 90/2006, item 631, as amended).
2. Copyrights to all the Film takes / Photos available at the Website are vested with “„Drofiak Film” Jacek Drofiak and “RTCAM” Artur Gajdziński.
3. The Licensor shall give its approval for incorporation of a Film take / Photo in the Licensee’s Specific Work or its part in accordance with the provisions of the License Agreement provided that the License Fee is settled by the Licensee.
4. The Licensee shall neither be entitled to authorize any other entity to use a Film take / Photo within the Scope of license (prohibition of sub-license), nor to resell, lease, let for use or make a Film take / Photo available to third parties in any other manner within the scope stipulated in the License Agreement.
5. The Licensor gives its approval modification of a Film take / Photo by framing it, amending its contrast, brightness and colouring.
§ 6. Rights and obligations of the Licensor
1. The Licensor shall be obliged to provide services within the scope and on terms and conditions specified herein and in the License Agreement.
2. The Licensor represents that it is entitled to grant the License within the scope necessary to perform the License Agreement and that it has the copyrights to all the Film takes / Photos.
§ 7. Rights and obligations of the User / Licensee
1. The use of the Website shall mean the acceptance hereof.
2. The User shall present truthful data necessary to perform the services properly and to issue VAT invoices.
3. The User shall be held fully liable for submitting untrue or incomplete data.
4. The User may amend or update information submitted within the registration procedure after it is logged in the Website, chose “My account” button, and subsequently, “Edit” function.
5. The submission of the Order shall mean the acceptance hereof and the provision of the License Agreement.
6. When submitting the Order the Licensee shall determine the scope of use with respect to the Film take / Photo chosen, and on this basis the Licensor shall determine the Scope of License in accordance with the provisions of the License Agreement.
7. The Licensee shall be obliged to use the Air take / Photo solely within the scope of the License granted.
8. The Licensee shall not be entitled to grant sub-licenses.
9. The Licensee shall be granted solely the right to use a Film take / Photo within the scope stipulated in the License Agreement and in accordance herewith. The proprietary copyrights shall not be transferred to the Licensee.
10. The User shall keep data, hotlinks, passwords obtained through the Website secret.
§ 8. Payments
1. The License for using a Film take / Photo in the Licensee’s Specific Work shall be granted against remuneration.
2. All the prices are presented in Polish zlotys and constitute net and gross amounts. The User shall pay the price which is presented next to the Film take / Photo as of the date of submitting the Order.
3. The appraisal of each Film take / Photo shall depend on the field of exploitation specified by the Licensee constituting the basis for granting the License by the Licensor.
4. The Licensor reserves the right to amend prices of Air takes / Photos made available at the Website. The amendments introduced shall not apply to the Orders submitted prior to the amendment of the price.
5. Payments for the Film takes / Photos ordered through the Website shall be serviced by the external company PayU (currently, in the case of payments, please contact the address: email@example.com) which cooperates with the Licensor within the scope of on-line payments.
6. The payment shall be effected through redirection of the User to the websites of a company providing on-line payment services, about what the User shall be informed prior to the commencement of payment procedure.
7. VAT invoices for the services rendered by Drofiak Film shall not contain signatures of an issuer and a recipient and shall be issued for all the Users.
8. The effective date of payment shall be the day when the Licensor’s bank account was credited.
§ 9. Complaints and technical support
1. Should the problem concerning the download of a file occur after the License Fee was paid, the complaint shall be lodged to the e-mail address: firstname.lastname@example.org .
2. Should other problems concerning availability and use of the Website occur, technical support may be obtained by sending an inquiry to the e-mail address: email@example.com .
3. The remarks concerning the operation of the Website may be submitted to the e-mail address: firstname.lastname@example.org .
4. Due to the nature of services rendered the repayment shall not be possible after the License Fee was settled and the License was obtained.
§ 10. Disclaimers – exclusion of the liability
1. The Website Owner shall not be held liable for improper performance of the Order or faulty malfunction of the Website resulting from the circumstances beyond the control of the Website Owner or from Force Majeure events.
2. In no case the Website Owner shall be held liable for any damages sustained directly or indirectly by the User, which result from the use or impossibility to use the services available at the Website, including loss of profit from the entity’s business activity, loss of economic information or other financial losses.
§ 11. Financial provisions
1. The Website Owner shall have the right to introduce amendments hereto at any time. The current content of the Regulations shall be available at the Website. In the case of doubts concerning the provisions of the Regulations, it is recommended to contact the address: email@example.com .