License Agreement

LICENSE AGREEMENT FOR LIMITED USAGE RIGHTS ON A PHOTOGRAPHIC WORK

Dear Customers of www.danielbalakovphotography.com:

All materials provided by the Author on this Site are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties, and any unauthorized use of any Content from the Site violates such laws and this License agreement, and may be considered other legal provisions infringement. The provided materials (photographic works, images, etc. collectively the "Photographic Works" by the Author) can be used only after entering into a Licence Agreement for limited usage rights on a particular Photographic work according to the respective License. Daniel Dimitrov Balakov's copyright on all Content on the Site remains inviolable and nothing in this License Agreement should be construed as a transfer of copyright, trademark, patent, trade secret or other intellectual property rights.

Used terminology:

"Photographic work" means any content available for licensing from the www.danielbalakovphotography.com website as a standalone unit, including images, photographs, creative edits, illustrations, templates (as defined here) owned by Daniel Dimitrov Balakov.
"Visual Content" refers collectively to "All Materials, Photos and Site Images".

The General Sales Conditions described below (hereinafter referred to as "GSC") are a legally binding, non-exclusive agreement between you, or your employer, or other person on whose behalf you enter into this Agreement (hereinafter referred to as "You" or "Customer" or "User") and Daniel Dimitrov Balakov (hereinafter referred to as the "Author" or "www.danielbalakovphotography.com" as defined in Section IV.12 below) and govern the contractual relationship, together with the rights and the obligations with respect to any granted right of use (license) on a particular Photographic work by the Author that you purchase from this site - www.danielbalakovphotography.com. These GSC are the only applicable and replace all other terms and conditions, except for the prior, express and written exception given from www.danielbalakovphotography.com. Please review carefully these GSC when you buy licenses from the Author and be sure you understand it fully. www.danielbalakovphotography.com reserves the right to change the GSC at any time at its sole discretion, so it is necessary to read them before each visit at www.danielbalakovphotography.com domain (hereinafter referred to as the “Site”). Before these changes come into force, www.danielbalakovphotography.com will make reasonable efforts to notify you of any such change. Such a notification can be made by email to the email address that is located in the file on your account at www.danielbalakovphotography.com, a message on this page, your login page, and / or otherwise. Changes to these GSC will only apply to future purchases. By purchasing a Photographic Work License from the Author after any such change, you agree to be legally bound by the GSC as modified. These changes will take effect from the date mentioned at the end of these terms and may not apply to License Agreements entered into earlier. Each purchase on the Site is governed by the GSC terms applicable at the date of the order. By confirming your order, you unconditionally accept the General Sales Conditions, and that you've read them. By accessing the Site you agree to be legally bound by these terms. It is specified that the present conditions govern the sales of photographs, creative edits, illustrations, images, and other copyright works of Daniel Dimitrov Balakov on the Site (hereinafter referred to as "Photographic Work" by the Author or the "www.danielbalakovphotography.com Content"). These terms apply without exception to all sales on the Site.

I. SUBJECT MATTER OF THE CONTRACT

TYPES OF LICENSES FOR USE

Comparison between Standard and Extended License

	Standard License	Extended License
Designation
Advertising in newspapers, magazines and other printed publications	Yes, up to 2 000 copies for the Licensing period	Unlimited copies for the Licensing period
Advertising on Internet sites, Facebook, e-mail.	Unlimited for the Licensing period	Unlimited for the Licensing period
Calendars, catalogs, brochures, websites	Yes, up to 2 000 copies for the Licensing period	Unlimited copies for the Licensing period
Printing on billboards / posters, product packaging	Not allowed	Unlimited copies for the Licensing period
Video presentations	Unlimited for the Licensing period	Unlimited for the Licensing period
Books, book covers, CDs and DVDs	Yes, up to 2 000 copies for the Licensing period	Unlimited copies for the Licensing period
Editorial purposes in print editions	Yes, up to 2 000 copies for the Licensing period. The Author must be mentioned as follow: „© Daniel Balakov"	Unlimited copies for the Licensing period
Online or electronic publications, including webpages	Unlimited for the Licensing period	Unlimited for the Licensing period
Photocopies, posters, stationery and other reproductions for personal or business use (but not for resale)	Yes, up to 2 000 copies for the Licensing period	Unlimited copies for the Licensing period
Products for resale, including photocopies, posters, calendars, brochures, cards, T-shirts, etc.	Not allowed	Unlimited for the Licensing period
Partial Rights-managed license over a certain period of time	Not allowed	Under additional arrangement
Web templates or print templates	Not allowed	Allowed for the Licensing period
Decoration in a retail space	Not allowed	Allowed for the Licensing period
License Duration	Up to 10 years	Up to 10 years
Regions of use	Worldwide	Worldwide

Standard License - Personal Use

The Standard License grants the Customer a non-exclusive, non-transferable right to use the acquired Photographic Works for personal, non-commercial purposes, legally bound by the condition not to infringe the copyrights of www.danielbalakovphotography.com or of third parties directly or indirectly related to the materials on the Site. The Customer receives these rights of use in exchange of a payment of the specified fee for the respective Photographic Work and the adjoining License mentioned on the Site www.danielbalakovphotography.com.

The total amount for the purchased Content is paid in advance by bank transfer, or PayPal services, after agreeing with this License Agreement, The Terms of Use and the Privacy Policy of www.danielbalakovphotography.com and prior to the transmission of the Photographic Works to the Client.

The use of the Photographic Work under a Standard license is subject to the following conditions:

The Photographic work may not be directly or indirectly licensed by you, sold or resold, or provided free of charge or offered to a third party for any purpose.
You may use the Photographic work for personal purposes or include it in a single product (personal work).
You may not violate the integrity or manipulate the Photographic Work without the express permission of the Author.
The Photographic work can be used in editorial material (as an accompanying material to an article). If used in a product printed in physical form as part of product packaging and labeling, forms and business cards, sales storages, billboards, CD and DVD covers or advertisements and copies of material, including newspapers, books, magazines (calendar, brochure etc.), you may not reproduce it over 2,000 times in total. The limit for use on a website is up to 5,000 visits per day (according to monthly statistics).
You may not claim exclusive rights over the Photographic Work and require exceptional terms for its use.
When publishing, as well as upon public display of the Photographic Work, declare in an appropriate manner that they are the work of the Author with the copyright protection mark "© Daniel Balakov".

You can use it as a digital play, including websites, online advertising, social media, mobile ads, mobile "applications", software, electronic cards, electronic publications (electronic books, e-journals, blogs, online media (including video sharing services such as YouTube, Dailymotion, Vimeo, etc., provided that the budget for such production does not exceed BGN 3,000);

Extended License - Commercial Use

The Extended license grants the Customer a non-exclusive, non-transferable right to use the acquired Photographic Work, including all the above described rights of the Standard License and the Additional Rights described here below. The Customer may purchase an Extended License provided that the copyrights of www.danielbalakovphotography.com or third parties directly or indirectly linked to the Site materials are not violated. The Customer receives these rights of use in exchange of a payment of the specified fee for the respective Photographic Work and the adjoining License mentioned on the Site www.danielbalakovphotography.com.

The use of the Photographic Work under Extended License is subject to the following conditions:

The Photographic work may not be directly or indirectly licensed by you, sold or resold, or provided free of charge or offered to a third party for any purpose.
You may use the Photographic Work on its own or include it in your other work.
You may use the Photographic Work within your own work for personal purposes or for your client who has ordered you to create it.
You may include the Photographic Work within a work that is created for resale by you or your client, provided that only the finished work is offered for sale and the terms of sale are:

Require those who acquire the work to use the Photographic Work for personal use only;
It is forbidden to resell the Photographic work as a standalone item.

You may not violate the integrity or manipulate the Photographic Work without the express permission of the Author.
You may include the Photographic Work in Goods for Sale or Promotional Distribution (hereinafter referred to as "Trade") including, without limitation, textiles, artworks, magnets, frescoes, calendars, toys, stationery, greeting cards and any other physical reproduction for resale or distribution, provided that this product includes material creative or functional elements other than the Photographic Image (s).
You may display the Photographic Work and access it for use by an unlimited number of customers in connection with a service through a Web site that you provide on behalf of your client. When you use the Photographic Work through a website, you can make an unlimited number of copies, but you must be sure that your customers will not play or use the Photographic Work in another application.
You can include the Photographic Work in Wall Arts (and without requiring additional creative or functional elements) for decorative purposes in a commercial space owned by you or your customer, not for sale.
If the Photographic Work is used or included in a work / website, there is no limit to the number of copies / views in which this product may be reproduced and distributed.
You may request a Rights-Managed license (partial exclusive rights over a certain period of time) above the Photographic Work only after negotiating the terms with the Author. To do so, you can contact the Author by e-mail at: office.diagonal12@gmail.com.

II. RESTRICTIONS ON USE

It is prohibited:

Use of any visual content (in whole or in part) of the Photographic Work as a trademark, service mark, logo or other indication of origin or as part of it.
Use of the Photographic Work in a manner other than that expressly provided by the license you have purchased with respect to such visual content.
Using a face of a Photographic Work ("Model") in a way that a reasonable person would find offensive, including but not limited to, representing the Model: (a) in connection with pornography, adult video services, dating, or other like; (b) in connection with the advertising of tobacco products; (c) in a political context, such as the promotion, advertising or approval of any party, candidate or elected official or in relation to any political cause or view; (d) as suffering from physical or mental illness; or (e) as the perpetrator of immoral or criminal activities.
Use of the Photographic Work in a pornographic, defamatory or fraudulent context, or in a manner that may be considered defamatory, obscene, or unlawful.
Record the Photo Work on a Hard Disk / DVD / CD / USB or other device and resold it.
Change the visual content of the Photographic Work in a way that changes the context of the depicted.
Use of the Photographic Work along with defamatory or other unlawful or immoral content, or in the same way that it violates a third-party trademark or intellectual property.
Use of the Photographic Work by interfering with personality in order to create a false identity or to create an invalid person or in any way is part of a defamatory, pornographic or illegal content.
Resale, distribute, grant access to, share or transfer the Photographic Work or parts thereof. For example, and not as a limitation, the above-mentioned prohibits the display of content as part of a "gallery" of content through which third parties can search and choose from such content.
Use of the Photographic Work in a way that violates the trademark or other intellectual property of a third party or would lead to a claim for fraudulent advertising or unfair competition.
Incorrect representation, expressly or in a reasonable manner, that the Photographic Work is created by you or by a person other than the copyright holder of this Photographic Work.
Use of the Photographic Work in a final product that allows the end user to obtain, reproduce or give access to the Work as a standalone file or product.

III. RIGHTS AND OBLIGATIONS OF THE PARTIES

www.danielbalakovphotography.com declares and warrants that:

a. has the full right and authority to conclude this agreement and fully perform all of its obligations under this Agreement;

b. there is no legal impairment or contractual restriction that prevents him from entering into this agreement;

c. is responsible for any disputes and claims made by third parties concerning copyrights on Photographic works provided under this Agreement from the Site;

d. The Photographic work in its original unaltered form and used in full accordance with these General Sales Conditions and the applicable law will not:

(i) violate any copyright, trademark, or other intellectual property rights of third parties;

(ii) violates third-party privacy or confidenciality rights;

(iii) violates any law, statute or ordinance in the Republic of Bulgaria; or

(iv) are defamatory, pornographic, or obscene.

e. www.danielbalakovphotography.com makes reasonable commercial efforts to ensure the accuracy of keywords and descriptions as well as the integrity of the Visual Content of Photographic Works. For the sake of clarity, www.danielbalakovphotography.com will not indemnify or hold any liability in respect of claims arising from inaccurate keyword, title, or description of the Photographic Works.

www.danielbalakovphotography.com DOES NOT PROVIDE ANY OTHER ADDITIONAL WARRANTIES OTHER THAN THOSE INCLUDED IN THIS SECTION WARRANTIES.
You, as a Client, declare and warrant that:

a. you have full right and authority to conclude this agreement and fully fulfill all of your obligations under this Agreement;

b. you do not have a legal or contractual restriction that prevents you from entering into this agreement;

c. you are at least 18 years old;

d. certify the validity and accuracy of the information provided on the Site;

e. You will not assign/ sell /lease the rights of use on the Photographic Work subject to this Agreement without the prior written consent of the AUTHOR;

f. You agree to take all reasonable commercial steps to prevent the duplication of any Content of the Site from any Third Party;

4. By this Agreement, you undertake to indemnify and hold www.danielbalakovphotography.com, its employees, shareholders, directors, managers, members and suppliers harmless with all damages or liability of any kind arising out of the use of the Visual content, of the Photographic Works, or other material on the Site other than those expressly permitted by these GSC of the License Agreement. You further agree to indemnify www.danielbalakovphotography.com for all costs and damages that arise in case you violate any of the terms of this or any other agreement with www.danielbalakovphotography.com.

5. If fail to comply with any of the prohibitions and limitations for use described in Section II. of these GSC, you are obliged to pay to www.danielbalakovphotography.com a penalty of BGN 10,000 (ten thousand) due from the date of the forbidden action.

6. www.danielbalakovphotography.com reserves the right to cancel or deny any order to a customer with whom a payment problem has occurred with respect to a previous order.

7. This License Agreement is considered to be legitimate only and unambiguously upon confirmation by the Bank for accomplished payment made by the User to the Author.

IV. FINAL STATEMENTS

1. The relationship of the parties to this contract is that of independent contractors. There is no connection of a partnership, a joint venture, employment, a franchise, or an agency established between the parties.
2. These Terms of Use are governed by and shall be construed in accordance with the laws of the Republic of Bulgaria, without respect to its conflict of laws principles.
3. The GSC contains the full agreement of the parties with respect to the subject matter of the contract which is included here and replaces all pre-agreements with respect to this subject.
4. These GSC shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these GSC shall not affect the validity or enforceability of the balance hereof.
5. The two parties agree that this agreement is for the mutual benefit of the parties only and that no advantages, rights or obligations are for the benefit of third parties.
6. "Unauthorized" as used herein means that, unless specifically provided in these GSC, you may not sell, lease, assign, sublicense or otherwise transfer to anyone, the right to use part of or all Content available for license from the www.danielbalakovphotography.com website that you have purchased.
7. In the event of controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by the Parties in a spirit of understanding and, when this proves impossible, according to the Code of Civil Procedure and the applicable law in Bulgaria.
8. The present contract is concluded under the conditions of the Copyright and Related Rights Act of the Republic of Bulgaria(CRRA), Law on Obligations and Contracts (LOC) and Digital Millennium Copyright Act (DMCA).
9. Except where required by law, www.danielbalakovphotography.com is under no obligation to refund under any circumstances.
10. If www.danielbalakovphotography.com determines that you are entitled to a refund of all or part of the fees you have paid, such refund will be made in the manner of payment you initially used to make the purchase.
11. You authorize www.danielbalakovphotography.com to charge you for all contract fees agreed at the time of purchase.
12. Contracting party www.danielbalakovphotography.com means Daniel Dimitrov Balakov – freelance photographer and cinepatographer, with permanent address: Bulgaria, Veliko Tarnovo, #4 Simeon Veliki Str., floor 1, apt. 1, and who is part of "Diagonal12" LTD registered in the Commercial Register under UIC 204640028. Phone Contacts: +35985409011 or +359887801680.
13. The User agrees to the Terms of Use, The GSC for the use of the services of www.danielbalakovphotography.com and is deemed to be familiar with the terms, accepts and undertakes to comply with them.
14. This contract is drawn up in two identical copies, one for each party.

When purchasing a product that is the subject of copyright and/or patent rights, www.danielbalakovphotography.com does not grant any additional rights of use and distribution other than the expressly mentioned rights and/or licenses described above.

Supervising Institutions

The Commission for the Protection of Personal Data

Address: 15 Ivan Evstatiev Geshov str., Sofia

Phone: 02/940 20 46

Fax: 02/940 36 40

Website: www.cpdp.bg

The Commission for the Protection of the Customer

Address: 4A Slaveykov sq., floor 3, 4 & 5, Sofia

Phone: 02/980 25 24

Fax: 02/988 42 18

Website: www.kzp.bg

The Commission for the Protection of the Opponent

Address: 18 Vitosha blvd., Sofia

Telephone: 02/935 61 13

Fax: 02/980 73 15

Website: www.cpc.bg

Alternative Dispute Resolution Authority within the meaning of Art. 181n, para. 4 PPAs are the Conciliation Commissions to the Consumer Protection Commission. In the event of an online dispute, you can also use the ORS website.