Terms of Use

 

Please read these terms of use (“Terms”) carefully before you begin using this website. By visiting the website www.galerievaclavaspaly.cz (“Website”) and/or starting to use it, you agree to the Terms set out below.

This Website is operated by PPF Art a.s., registered and existing under the laws of the Czech Republic, Company No. 63080672, with registered office at Evropská 2690/17, 160 00 Praha 6, Czech Republic (“PPF”). PPF may amend or adapt these Terms without prior notice. In view of this we recommend that you read these Terms each time you visit or use the Website. Using the Website after changes have been made to the Terms means that you agree to the amended Terms. You may not use the Website if you do not accept these Terms. PPF expressly rejects any conditions you may propose that supplement or contradict these Terms; such conditions are null and void.

Using the Content of the Website

All content on this Website, including the text, the Website’s graphic design, the graphics, pictures, photographs or images displayed on the Website and the choice and arrangement of the files on the Website (“Content”) is protected under Act No 121/2000 on copyright and related rights, amending certain acts, as amended (“Copyright Act”). PPF alone may exercise the copyright to the Content and the Website.

Notwithstanding the above, some of the materials, images, pictures or text that PPF displays on the Website (especially trademarks, logos, etc.) may be the property of third parties and may be protected by the applicable laws on the protection of such third parties’ intellectual property rights.

When using the Website all users shall comply with the applicable laws of the Czech Republic and shall always act in accordance with these laws, the accepted principles of morality and these Terms, and shall not bring PPF’s good name into disrepute.

You may display the Website’s Content on a computer screen or mobile telephone display, and you may print out individual pages on paper (but not take photocopies of them) and store these pages in electronic form on a disk or on your mobile telephone (but not on a server or other storage device connected to a network) solely for your own personal and non-commercial use, unless these Terms provide otherwise for a particular part of the Content.

You may not reproduce, modify or make commercial use of the Website’s Content in any way, other than in the cases set out below in these Terms. In particular you may not, without the prior written consent of PPF and without thereby limiting the general application of the restrictions set out in the preceding paragraph, (i) redistribute, relay or republish the Content (including its use as part of a library, archive or similar service); (ii) remove any notice of copyright or trademarks from copies of the Content made in accordance with these Terms; (iii) create a database in electronic or structured manual form by systematically downloading and storing the entire Content or any part thereof.

When using the Website you may not compromise its safety, integrity and general operation, or use it to transfer harmful files, or attempt to access any non-public parts of the Website (if any part of the Website has been designated non-public). You are also obliged to respect PPF’s copyright to the Website, as well as third parties’ rights to the materials and text that PPF displays on the Website (especially trademarks, logos, etc.) that are the property of third parties and are protected by the applicable laws on the protection of intellectual property rights; you have no rights to such intellectual property and may not dispose of it in any way without the prior written consent of PPF.

Special terms for using Photographs

“Photographs” refers to all photographs and images on the Website, especially to photographs and images, protected by copyright and in digital form, of artworks in PPF’s collections or in the collections of companies within PPF Group, to photographs of artists who have exhibited, are exhibiting or will exhibit their works at the Josef Sudek Studio, and to any text with information related to these photographs and images. “Preview Photographs” refers to lower-resolution Photographs on the Website.

Opening and browsing the Preview Photographs database is free of charge.

Permitted use of Preview Photographs

PPF allows you to download Preview Photographs to your computer free of charge and use them on your computer to decide whether to request permission to download a print-quality Photograph under the conditions set out below. You are not permitted to use a Preview Photograph for any other purpose, and it is therefore expressly forbidden to use a Preview Photograph:

• in a resulting product of the Website’s user;
• in connection with a resulting product of the Website’s user;
• by distributing it publicly;
• by distributing it on-line or by means of another distribution system.

PPF grants you no other permission regarding Preview Photographs.

Permitted use of print-quality Photographs

PPF does not permit unspecified persons to download Photographs in print quality.

The use of Photographs in print quality always requires PPF’s prior consent to be granted to a specific person. PPF ordinarily grants this consent to journalists and other persons involved in disseminating information on cultural events. There is no legal entitlement to this consent.

Before granting consent to use a Photograph in print quality, PPF requires the completion of an electronic form representing a request for permission to use a specific Photograph in print quality. If you wish to obtain a Photograph in print quality, please state in your request the purpose, scope and duration for which you are interested in using the Photograph in print quality. It will be solely for PPF to decide, in view of the purpose, scope and duration for using the Photograph in print quality that you state in your request, whether your request will be approved or rejected, i.e. whether you will be able to use the Photograph in print quality or not. To obtain permission to use a Photograph in print quality, you must only enter true and full information in your request. If your request is approved, you will be permitted to download the Photograph in print quality over the internet by downloading it directly from the server, and then use it for the purpose stated in your request.

The personal information you provide us with in connection with requesting permission to use a specific Photograph in print quality is protected in accordance with the applicable legislation, and it will be used solely for the purposes of processing your request and communicating with you on this matter. For more information, please follow the “Protection of personal information” link.

Downloading a Photograph in print quality does not make you its owner or the holder of copyright or any other rights to the Photograph. A print-quality Photograph can only be used for the purpose, in the scope and in the way you stated in your request, approved by PPF, and under the conditions set out by PPF.

You are not entitled to manage a print-quality Photograph at will. A user who is permitted to download a print-quality Photograph undertakes to use it solely for the purpose, in the way and within the scope for which the user was permitted to download and use the Photograph in print quality, and this only once.

To remove any doubt, it is therefore agreed that unless PPF expressly provides otherwise on the basis of your request, it is in particular forbidden to:

• transfer or sell a Photograph downloaded in print quality, or otherwise allow another party to use it, or make it available for such party;
• reproduce a Photograph downloaded in print quality;
• use a print-quality Photograph for a purpose other than the one permitted by PPF;
• use a print-quality Photograph in a different scope and/or way than the scope and/or way permitted by PPF;
• reproduce, modify, alter, adapt or otherwise manipulate a print-quality Photograph;
• use a print-quality Photograph in a country other than the Czech Republic.

Furthermore, it is expressly forbidden to:

• include a print-quality Photograph in materials or link it to works and/or materials that violate the laws of the Czech Republic or the accepted principles of morality, or present a threat to public order, or whose content does not correspond to PPF’s interests or objectives, or link it to misleading or false information or materials, or materials that infringe on the rights and legitimate interests of PPF and its Affiliated Companies or other third parties, or to materials that violate human dignity and/or discriminate on the basis of religion, race or gender and/or incite violence or any other unlawful conduct;
• use a print-quality Photograph contrary to the interests of its authors or in a way that infringes on the rights or legitimate interests of the author of such Photograph, or of any third parties.

You are not permitted to transfer or assign permission granted by PPF to use a print-quality Photograph to any third parties.

The right to use a print-quality Photograph commences on the day PPF grants permission to use the Photograph, but only for the purpose, in the scope and in the way permitted by PPF.

Permission to use a print-quality Photograph is not exclusive. PPF may grant the same permission to other parties, or grant a third party the exclusive right to use particular Photographs in print quality and thereby restrict your right to use such Photographs (unless agreed otherwise).

In the event that you infringe any of the points listed above, or use a Photograph (whether a Preview Photograph or a print-quality Photograph) in violation of the conditions for its use as set out above in these Terms, you are advised that:

• such use of the Photograph may be considered an infringement of PPF’s rights and legitimate interests;
• PPF is entitled to levy a contractual penalty of CZK 50,000, and any entitlement to compensation is not affected thereby;
• you shall compensate PPF for any harm sustained due to the violating of the conditions set out above and the infringing of the authors’ or third parties’ copyright.

If you request permission to combine a Photograph with the (literary or artistic) work of another author, PPF reserves the right to require you to submit such work for approval.

After using a Photograph you are obliged (and undertake) to remove it from the device on which you stored it.

If the conditions set out in the two preceding sentences are violated, PPF is entitled to levy a contractual penalty of CZK 10,000.

Regarding contractual penalties, it generally holds that the payment of a contractual penalty does not relieve you of the obligation to compensate PPF for any harm sustained. The contractual penalty does not count towards compensation for any harm PPF sustained.

If you are interested in using a Photograph on behalf of your employer, you state and undertake that you are authorised to accept these licensing arrangements on behalf of your employer.

Limitation of Liability

The Content on this Website is intended for the public. All information presented on this Website is solely indicative and is intended for general use. PPF takes some of the information published on the Website from other sources it considers reliable. However, PPF is in no way responsible for the correctness or relevance of the information published.

PPF makes every effort to ensure that the information published on this Website is reliable and accurate, but technical or typographic errors may occur. If discovered, they may be corrected if PPF deems fit.

PPF bears no responsibility for any harm that users may sustain in connection with the use of the Website.

In view of the number of sources from which PPF acquires the Content, and in view of the nature of electronic distribution over the internet, PPF provides no guarantees regarding the Website, its Content, its software or the services available from the Website (collectively “Website Services”). The Website Services are in particular provided “as is”, with all errors, and as available. To the extent permitted by the applicable legislation, PPF hereby sismisses all guarantees, conditions or obligations of any nature, especially guarantees of fitness for a particular purpose, explicit or statutory guarantees, or guarantees or obligations concerning the accuracy, promptness and completeness of the Content and the Website Services.

Links

The Website contains links to other websites operated by independent third parties (“Third-Party Websites”), either directly or via frames. When visiting Third-Party Websites you should familiarise yourself with their terms of use. PPF is not responsible for other entities’ rules and procedures, nor for the content and accessibility of linked Third-Party Websites, and will not be party to or bear any responsibility for any transactions concerning goods or services available from Third-Party Websites.

The Website may contain links to other websites operated by entities controlling PPF, controlled together with PPF or otherwise associated with PPF (collectively “Affiliates” or “Affiliated Companies” and “Affiliates’ Websites” or “Affiliated Companies’ Websites”). and “Affiliated Companies’ Websites”). When visiting Affiliated Companies’ Websites you should familiarise yourself with their terms of use. For the avoidance of doubt we hereby state that PPF is not responsible for the accessibility or content of Affiliated Companies’ Websites, and will not be party to or bear any liability for any transactions concerning goods or services available from Affiliated Companies’ Websites.

Contributions

At the time of launching the Website, it is not possible for users to publish contributions. If the publishing of users’ contributions on the Website is subsequently permitted, contributors shall be responsible for ensuring that materials submitted for inclusion on the Website comply with the law. PPF shall bear no responsibility for errors or inaccuracies in materials provided by contributors.

Newsletter

PPF provides electronic newsletters in the form of individual or summary communications with information on cultural events held at the Josef Sudek Studio and other cultural institutions that are part of PPF Group, as well as other information on cultural events, especially if these are coordinated by cultural institutions linked with PPF Group.

PPF allows anyone who is interested to register for this electronic newsletter, and the newsletter will then be distributed to the e-mail address entered. The only condition for registering is to provide an e-mail address to which the newsletter should be sent. You can opt out of receiving the newsletter at any time.

The electronic address you provide when registering to receive the newsletter may be subject to protection under the applicable legislation on the protection of personal information, and it will be used solely for the purposes of sending you newsletters and communicating with you on this matter. For more information, please follow the “Protection of personal information” link.

Accessibility Statement

PPF states that this Website aims to ensure the maximum accessibility of all of its Content and functions for all internet users.

At the time of launching the Website, all users have access to the Website’s entire Content. However, PPF reserves the right to restrict access to certain information on the Website (“Protected Information”) and only make it available to users who satisfy certain criteria that PPF may publish on the Website, or which follow from the applicable legislation. Users who do not satisfy these criteria will be denied access to Protected Information.

Final Provisions

Other than these Terms and the licence arrangements relating to the use of Photographs, the publishing of any data or information on the Website does not have the character of any kind of legal arrangement establishing a legal relationship between PPF and an internet user, unless specified otherwise in individual cases.

These Terms are governed by the laws of the Czech Republic. Any disputes arising in connection with the use of the Website and its Content will be heard by the competent court in the Czech Republic, in accordance with the laws of the Czech Republic.

If the competent court finds any provision of these Terms invalid, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which remain in full force and effect.

Failure by either party to exercise any right or remedy in accordance with these Terms does not constitute a waiver of such right or remedy. The headings in these Terms are solely for orientation and have no legal significance or effect.

PPF alone may amend or supplement these Terms. Any legal relations established between PPF and a user of this Website before the amending or nullification of the Terms shall be guided by the version in effect on the day such relations were established.

The Terms for using the Website are valid and in force on the day they are published. The Terms were published on 24 MAY 2018.

These Terms have been produced in English and Czech versions. If there is any discrepancy between the Czech and English versions of the Terms, the Czech version shall take precedence.