License terms

Terms of License

1. General Provisions
   The following provisions outline the terms under which the Licensee is granted a license to use the photographic work (Photos) created by the Licensor, as part of services commissioned by the Licensee through an Order. These terms are applicable to all photographic work and services provided by the Licensor.
2. Legal Definitions

• Licensor: TEB CONSULTING, Thomas Erik Bosco, located at ul. Konstruktorska 7, Warszawa, Poland, NIP 8733269914.

   

• Licensee: The client who has engaged the Licensor for photographic services.

   

• Order: A request by the Licensee for photographic services, including shooting and post-production, made via the tools on the Licensor’s website or through email.

   

• Photo: The product (image) created by the Licensor as a result of an Order submitted by the Licensee.

   

3. Licensor’s Statements
   The Licensor confirms the following:

• Holds the copyright to all Photos delivered to the Licensee.

   

• The Licensee’s use of Photos in accordance with these License Terms will not infringe upon third-party rights, including those related to personal data protection.

   

• In the case where third-party images are included in the Photos, the Licensor has obtained consent for the use of these individuals’ images within the scope of these Terms.

   

In the event that third-party claims are made against the Licensee for infringement of copyright, intellectual property rights, image rights, or personal data protection in connection with the Licensee’s use of the Photos, the Licensor agrees to assist the Licensee in resolving such claims.

4. Scope of the License
   The Licensor grants the Licensee a non-exclusive, perpetual license to use the Photos created in accordance with the following terms:

• Reproduction and Recording: The Licensee may produce copies of the Photos using any technique, including printing, reprographic, magnetic, or digital recording.

   

• Market Placement: The Licensee may place the Photos or copies of the Photos on the market.

   

• Public Use: The Licensee has the right to publicly display, perform, exhibit, broadcast, rebroadcast, or make the Photos available online in such a way that people can access them at their discretion, including via websites and digital platforms.

   

This license also grants the Licensee the right to entrust others with the reproduction or recording of the Photos, provided such use complies with these Terms.

This license does not grant the Licensee the right to alter, crop, retouch, or modify the Photos without the prior written consent of the Licensor, ensuring the integrity of the original artistic content is maintained.

The Licensee is not authorized to transfer the license or grant any further exclusive licenses to third parties unless explicitly agreed with the Licensor and subject to additional fees.

5. Retention of Rights by Licensor
   The Licensor retains the right to use the Photos for their own marketing, promotional, or portfolio purposes, unless otherwise agreed in writing. The Licensee grants the Licensor the right to showcase the Photos for such purposes in their own promotional material.
6. Indemnity
   The Licensee agrees to indemnify and hold harmless the Licensor from any claims, damages, or legal fees arising from the Licensee’s use of the Photos, particularly if the Licensee’s use exceeds the terms of this Agreement or infringes upon third-party rights.
7. Termination Rights
   The Licensor may terminate this license if the Licensee or any third parties authorized by the Licensee use the Photos outside the scope defined in this Agreement. In the event of such termination, any payments made to the Licensor shall remain non-refundable.

In cases of breach of the terms of this Agreement by the Licensee, the Licensor reserves the right to seek legal remedies, including termination of the license and claim for damages.

8. No Warranty
   The Licensor provides the Photos “as is” and does not warrant or guarantee that the Photos are fit for any particular purpose or free from any defects or third-party claims. The Licensor shall not be liable for any damages arising from the use of the Photos.
9. Additional Fees for Exclusive Use
   If the Licensee wishes to acquire exclusive rights to the Photos or intends to use the Photos in a manner not outlined in this Agreement (such as commercial use or exclusive campaigns), an additional fee may be required. Such arrangements must be agreed upon in writing between the parties.
10. Governing Law and Dispute Resolution
    This Agreement shall be governed by the laws of Poland, and any disputes arising under this Agreement shall be resolved through arbitration in Warsaw. If disputes cannot be resolved amicably, they will be adjudicated in the competent courts of Poland.
11. Duration and Renewals
    The License granted is perpetual, but the parties may review the terms of the license and make amendments, especially if the Licensee’s use of the Photos evolves (such as through new media, campaigns, or exclusive use). Renewal or review of the license terms may be required in such cases.