License Agreement for inserting photographs on Mapy.cz and Windymaps.com

  • Seznam.cz, a.s., with its registered office at Radlická 3294/10, Prague 5, Postal Code 150 00, Company Reg. No. 261 68 685 (hereinafter referred to as "Operator") is a service provider available online at http://www.mapy.cz and http://windymaps.com (hereinafter referred to as the "Service") and, in addition, the operator of the mobile application Mapy.cz and Windymaps.com (hereinafter referred to as the "Application").
  • Using the Service or Application, photographs can be inserted into a specified position of the physical space by using GPS coordinates (hereinafter referred to as the "Photograph") to display them on the Operator's Service.
  • Each User of the Operator's Services (hereinafter referred to as the "User") who has agreed to this License Agreement (hereinafter referred to as the "Terms and Conditions") is authorised to insert the Photographs directly related to the above-mentioned GPS coordinates into the Operator's server available at the website address: http://www.mapy.czand http://windymaps.com (hereinafter referred to as "Server"), either directly through the Server or through the Application.
  • The Operator reserves the right to determine the method of displaying the Photographs on the Service, including the method of their sorting, and to change this method at any time.
  • By agreeing to the Terms and Conditions, the User grants the Operator the non-exclusive authorisation to exercise the right to use the Photographs (hereinafter referred to as "License") in all ways pursuant to Sections 12 (4) and (5) of Act No. 121/2000 Coll., the Copyright Act, as amended, notably, but not only, the right to use and display the Photographs on the Service and other services provided by the Operator, to use the Photograph for the promotion of the Operator, to modify the Photograph, to process it, to add the Photograph to another work, to further distribute the Photograph in all ways, both separately and in another work. The User grants the License to the Operator as a territorially and quantitatively unlimited license for the duration of the copyrights to the Photograph. The User provides the License free of charge. The operator is not obliged to use the provided License.
  • The User declares that he is entitled to provide the License to the Operator within the above-mentioned scope. In case of untruthfulness of this User's declaration, the User shall compensate the Operator for all damage and costs incurred as a result of the untruthfulness of this declaration by the User. The User is required to settle all third-party claims these third parties may pursue with respect to the Photograph.
  • The User is required to upload to the Service only such Photographs that do not infringe the intellectual property rights of third parties, including the copyright that does not violate the legal order of the Czech Republic, or that are not in conflict with the ethical rules, good morals and the Rules of this Service, which are available online at: https://napoveda.seznam.cz/cz/mapy/pravidla-uzivani-fotomapy/ (hereinafter referred to as the "Rules").The User undertakes to comply with the Rules.
  • Only the Operator, who is authorised not to publish the Photograph on the Service, to discontinue or to remove it from the Service without giving any reason or compensation, may decide on the non-compliance of the Photography.
  • The User is solely responsible for the correctness of the Photographs.
  • If the User seriously or repeatedly violates the Terms and Conditions, the Operator is entitled to exclude the User from the system and/or to deny him/her access to the Service, even without a prior request to remedy the situation.
  • The Operator reserves the right to change these Terms and Conditions without notice to the User.

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