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If you download a high-resolution photograph from our website or purchase a CD collection, you
accept the terms and conditions of the present agreement and become a user, defined as any person
who signs in at our portal.
Copyright of Food-Pictures
Any use of Food-Pictures photographs lies in the scope of the Act on Copyright and Related Rights
from February 4, 1994 (Journal of Laws of the Republic of Poland “Dz.U.”, Dz. U. from 2000, Vol. 80
pos. 904; from 2001, Vol. 128 pos. 904; from 2001, Vol. 128 pos. 1402; from 2002, Vol. 126 pos.
1068 and Vol. 197, pos. 1662; from 2003, Vol. 166, pos.1610; from 2004, Vol. 91 pos.869; Vol. 96
pos.959; Vol. 172 pos.1804).
Under the terms of the agreement, the following is prohibited and can make the user liable to
damages: changes in the contents and appearance of a photograph as well as any use that can
defame people in the photograph, any use relating to pornography, defamation, slander or other
violation of the law or decency. The user or the commissioning party is also responsible for captions
and descriptions for a photograph. If any of the above rules or general personal rights is violated, it
is only the user who is liable to damages claims by third parties.
Each case of unauthorised use or any written or graphic distortion of a photograph as well as use
that can be demeaning to persons in it is prohibited and makes the user liable to damages claims.
As allowed by the Act, Food-Pictures requires that the origin of each photograph be unambiguously
acknowledged by marking it with our website address (WWW.FOOD-PICTURES.COM). It may be
acceptable to acknowledge the origin of a number of our photographs only once if it is done in a way
that leaves no doubt that they come from Food-Pictures. This principle applies also to photographs
published in advertisements, television shows, films and other media unless it is stated otherwise in
a separate agreement.
If a user fails to state our name while using a Food-Pictures photograph, we are entitled to demand
damages of the amount equal to the regular price for using the photograph.
In accordance with the Act, Food-Pictures should be provided with at least two copies of each printed
publication featuring Food-Pictures photographs.
Invoices and fees
The right to use a photograph can be transferred to a user before he makes a payment only with
prior written consent of Food-Pictures.
The cost of an additional copy of a properly drafted invoice, which a user can request, is 20 EUR. If
there are any errors or missing pieces of information in the original invoice, Food-Pictures will correct
it free of charge. The fact that an invoice was faulty and has been corrected does not make it void
and the user is still obliged to make the requested payment.
The act of downloading a high-resolution photograph is tantamount to purchasing it. Invoices for
Terms and Conditions
purchased photographs will be issued within 14 days from the date of purchase. Within this period a
user is allowed to give up the purchase of downloaded photographs without incurring additional
costs. The user is required to submit a statement of giving up the purchase of photographs in writing
within reasonable time. If the resignation is submitted after the date when Food-Pictures issues the
invoice, but before the 15th day of the following month, the user will be charged with a fee of 10% of
the price of the chosen photographs, as stated in the invoice. After the 15th day of the month
following the issue of the invoice it will no longer be possible to withhold the purchase.
If a user purchases a substantial number of photographs over a period of one month, Food-Pictures
reserves the right to issue a single invoice for all photographs purchased in this period.
Links
The Food-Pictures website contains links to other websites on whose contents and functioning we
have no influence whatsoever. Food-Pictures will not be liable to damages for any losses that may
arise from using these websites. Logging on to the websites, users give up any claims against Food-
Pictures.
Validity and execution of agreement
No action of Food-Pictures can be interpreted as foregoing the execution of any of the clauses of this
agreement, except when Food-Picture expressly states so. If Food-Pictures does forego some of the
entitlements granted under the terms of the agreement, it still retains all other entitlements. When it
is impossible to execute a provision of the agreement, all other provisions are valid without
limitations. If any of the provisions of the agreement turn out to be void, all others are valid without
limitations. Unless Food-Pictures foregoes some entitlements in writing, no action of the company
can be treated as foregoing the execution of any clauses of the agreement or as an amendment to
the agreement. If a provision of the agreement is unacceptable, all other provisions remain binding.
The agreement is subject to the law of the Republic of Poland and shall be interpreted in accordance
to it. Any disputes over both parts of the agreement shall be resolved in a court of law appropriate
for the seat of Food-Pictures. The same applies also to agreements with users from outside Poland,
unless defined otherwise in the law. What follows is that Food Pictures is entitled to take legal action
in a court of appropriate instance in a country other than Poland if Food-Pictures decides that it is
essential or desirable.
The present agreement is the only definition of the terms and conditions of our sale activity and the
use of photographs by our clients. It renders all previous agreements, both oral and written, null and
void, including any customary modi operandi and provisions taken for granted in business
exchanges. Any supplements or changes to the agreement need to be done in writing and be signed
by both parties involved.
There are two copyright options to choose from while purchasing our photographs, both of which are
specified in invoices:
1. Rights Managed (RM) photographs
Copyright
In the RM option, Food-Pictures retains the copyrights to all photographs and grants a user only the
right to use the copyrights for photographs under several conditions. Namely, Food-Pictures grants a
user a non-exclusive, inalienable licence to use a photograph within a defined scope or on a specified
number of occasions. The user has no rights to sublicense a Food-Pictures photograph. No additional
claims can be made concerning the use of a photograph.
The licence can restrict the rights to use a photograph in the following: scope of use, data carriers,
time of use, number of copies, positioning, size of image, place of use and some other aspects. Any
use other than allowed by a licence is prohibited and is a violation of the ownership rights of Food-
Pictures and the licenser. Unless expressly stated in the license, a user has no rights to use a
photograph in advertising or for a presentation. Without a proper licence for it, it is also prohibited to
make changes to copyrighted images or use them for recommendation or as a model for a drawing,
new photograph or collage.
Apart from the license, a user receives no other rights to use Food-Pictures photographs. The license
is non-exclusive, unless defined otherwise.
In general, the rights to use a photograph do not include the right to reproduce in any way the
persons, names, trademarks, buildings, scenery and artistic compositions depicted in the photograph
or the recipes for the photographed dishes. This applies especially to using a photograph in
advertising, in which case it is the user who is obliged to obtain all necessary permits to reproduce a
photograph or an aspect of it. If the validity of such permits is not formally confirmed by Food-
Pictures, a user is obliged to pay the company for the use of a photograph not agreed upon in the
license and to free Food-Pictures from all claims by third parties arising from this use and any other
claims. If as a result of mistake Food-Pictures has wrongly informed a user about the licenser’s
consent to use a photograph in a given way when there is actually no consent, Food-Pictures is liable
to claims of the amount up to the price of the photograph, as stated in the invoice.
A user is obliged to remove a Food-Pictures photograph from all electronic data carriers after sixty
days from purchase. However, if a photograph is published, it must be deleted from electronic
carriers by the end of the month following the date of publication.
Without making the required payment no image from our service can be exposed, copied
electronically or as a hard copy or used otherwise.
The license allows a user to make a backup copy of a photograph on one data carrier. Making any
other copies (by exposure or copying transparencies, reproductions, blowups etc.), archiving images
electronically and transferring them to third parties is prohibited. Furthermore, the license does not
allow to copy and distribute images in any other way. An image in one database, computer network
or a similar system can only be used by one user at a time. Food-Pictures provides a user with an
image on condition that he uses it according to the provisions of the agreement and that when he
finishes using it, an image will be promptly deleted from his computer or a data carrier.
Fees
Food-Pictures requires a payment for all instances of using one of its images, except for design work
inside the user’s company. Using a photograph is understood as, including and not limited to,
reproducing it digitally or as a hard copy, making a drawing or caricature modelled on an image,
retouching an image, making advertising presentations or incorporating a part of an image into a
new work by cutting, graphic processing or other means.
Fees required by Food-Pictures depend on the particular use of a photograph. Each time when
purchasing a right to use a photograph, you are required to specify the kind of publication the
photograph will be used in with the exact edition or the place where it will be used. On receipt of the
full required fee, Food-Pictures will grant the user a licence to use a photograph on a single occasion
for a purpose defined beforehand and in specified scope. You are required to purchase another
license if you use a photograph in a different way or on more occasions than specified in the original
license (e.g. in advertising or when publishing an image online on each new occasion).
The right to use a photograph can be transferred to a user before they make a full payment if Food-
Pictures expressly allows for this in writing beforehand. Food-Pictures is allowed to deem a license
void when a user has provided untrue personal details or uses a photograph in a way different than
declared, in which case Food-Pictures is free from all claims for damages from third parties.
Before each instance of transferring an image to third persons, copying or archiving it, a user is
required to obtain a written consent from Food-Pictures. If a user fails to observe this requirement,
Food-Pictures is entitled to 1500 EUR in damages for each misused photograph. In justified cases the
damages may be more severe.
If a user uses an image unlawfully or fails to report a particular use, he may be required to pay
additional damages of the amount at least five times higher than the regular fee for using the image.
Paying the damages does not give a user the ownership of an image or any other rights to Food-
Pictures photographs.
The user of a licence agrees to pay Food-Pictures for the license and frees the company from any
claims for damages and responsibility for any losses and costs incurred as a result of unlawful use of
a photograph. The same applies to any kind of violation of the present agreement by a user.
Responsibility
Food-Pictures does its utmost to assure that its products work properly and that they are failsafe and
accurate. However, the company does not guarantee that its website will continue to work properly
or assure quality of its contents. Food-Pictures does not bear civil responsibility for servicing
equipment or any faults resulting from visiting its website. Food-Pictures cannot be requested to
shoulder the consequences of any harm resulting from using the website, including but not limited to
reduction or loss of income or other direct or indirect consequences.
Food-Pictures waivers any warranties for business viability, safety from malware, quality and
usefulness of its files and images for a particular purpose. A user is obliged to test a picture for
errors or other inconveniences before reproducing it or using for a new end. If possible complaints
turn out to be justifiable, a user may request having a faulty file exchanged or the license fee
returned.
If exclusive use a photograph for which a user purchased an exclusive license is impossible as a
result of an error on the part of Food-Pictures or other natural or legal person, or when Food-Pictures
is otherwise liable to a user, the company’s civil liability is limited to the value of the license fee of
the images in question.
2. ROYALTY FREE (RF) PHOTOGRAPHS AND COLLECTIONS ON CDs
If a user enters into this agreement of behalf of his employer, its provisions are binding for both the
employer and the user, as his representative. In this situation, the rights to Royalty Free images are
granted solely to the employer. As an individual, the user has no rights to copy CDs or single pictures
and use them in their own business or possible new job.
Copyright
Food-Pictures grants a non-exclusive and inalienable right to reproduce photographs stored on CDs
or downloaded from the Food-Pictures website. The images may be used for the following ends:
production of brochures, advertisements, posters, CD covers, graphic projects and other printed
materials, presentations for use inside the user’s company, in the Internet, intranet and other
electronic media, including use in advertising (also the final user’s advertising) or publishing.
However, the listed products cannot be sold further and the images cannot be used again. Licenses
for using photographs and CDs are granted to individual companies or persons and as such cannot
be sold or handed over to other companies or persons. It is allowed, though, to use the licensed CDs
or images in any number of a licensee’s projects or for any number of his clients.
Restrictions on license
A licensee is not allowed to resale any photographs, entire CDs or derivative works. It is also
forbidden to produce items based on Food-Pictures images in a number exceeding 10 000 copies if
the items are intended for sale. Such products include the following: occasional cards, postcards,
calendars, notepaper, posters, t-shirts, ties, mugs and mouse pads with photographs on them. Food-
Pictures photographs cannot be sold, licensed or sublicensed as final products if they are not a part
of a project. They also cannot be used as trademarks or brand logos. A licensee declares that Food-
Pictures photographs shall not be used in materials with defamatory, pornographic, obscene or
otherwise unlawful contents and that they shall not be associated with such materials. Furthermore,
a licensee is obliged to face any claims arising from his civil responsibility and losses that may be
involved in using Food-Pictures photographs or CDs.
Responsibility
Food-Pictures guarantees proper quality and functioning of its photographs for 30 days from delivery.
If a user makes a justified complaint, he is entitled to another delivery or, if Food-Pictures consents,
to reimbursement of the price of the purchased images. Under no circumstances will Food-Pictures
accept any further responsibility or guarantee business viability, quality or usefulness of its files and
images for a particular purpose or compatibility with computers and other equipment. Food-Pictures
waivers responsibility for any claims, made by the licensee or other natural or legal persons, for
damages, including damages for lost income or other similar losses or costs resulting from using the
company’s files, or costs resulting from this agreement or an invoice.
Food-Pictures reserves the right to change the terms of using its images, prices, information and
terms and conditions of license agreements available on this website without earlier announcements.
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