LICENSE AGREEMENT WITH THE USER OF THE SITE:
The payer of the NPD Fomicheva Ksenia Andreevna, hereinafter referred to as the Copyright Holder, registered with the Federal Tax Service under No. 481603309201, addresses this Agreement to any individual or legal entity (hereinafter referred to as the User), who enters into the Agreement, fully and unconditionally agreeing with all its terms and conditions specified in this document.
This document is a public offer (public proposal), acceptance (acceptance of the terms) of the public offer is the performance of actions provided for by the Agreement (clause 2 of Article 437 of the Civil Code of the Russian Federation).
If the User disagrees with any of the terms of the Agreement, the Agreement is not concluded, and the User has no right to use the Intellectual Property Object.
1. Terms
1.1. The Agreement uses terms in the following meanings:
1.1.1. Acceptance — full and unconditional acceptance of the Offer by performing the actions specified in paragraph 3.1 of the Agreement.
1.1.2. Content — all objects available on the Site, including design elements, text,
graphic images, illustrations, videos, computer programs, databases, music, sounds and other objects.
1.1.3. License — the User's right to use the Site, while the Copyright Holder retains the right to issue licenses to other persons, under the terms of a simple (non-exclusive) license.
1.1.4. Offer — this document, posted on the Internet at: xeniyaforme.ru
1.1.5. Site — an automated information system, accessible on the Internet at (including subdomains): xeniyaforme.ru
2. Subject of the Agreement
2.1. The Agreement defines the procedure and conditions for using the Site at: xeniyaforme.ru.
The subject of the Agreement includes all functions and services of the Site, as well as any development thereof or addition of new ones, available in explicit form.
2.2. The Copyright Holder guarantees that it is the holder of exclusive rights to the Site, specified in paragraph 2.1 of the Agreement. All exclusive rights to the Site belong to the Copyright Holder.
3. Acceptance of the Agreement
3.1. The Agreement is considered concluded if the User has checked the box about agreeing with the text of the Agreement.
3.2. By taking actions to accept the offer. The User confirms his full and unconditional agreement with all the terms of this Agreement and undertakes to comply with them. The Agreement can be accepted only as a whole, without any reservations. (paragraph 1 of Article 428 of the Civil Code of the Russian Federation). The Copyright Holder and the User are jointly referred to as the “Parties”, and individually - as a “Party”.
3.3. This Offer does not have a specifically established period for its acceptance. The Offer is valid from the moment of its publication (or notification to the User in another form), and in terms of changes - from the date of publication of the relevant changes - until the day following the day the Copyright Holder publishes a notice of termination of the offer.
3.4. The terms of the Agreement may be changed by the Copyright Holder at any time unilaterally and out of court by publishing changes or a new version of the Agreement at the address: https://xeniyaforme.ru/license-agreement
The changes come into force for the User from the date following the date of their publication, provided that the User continues to use the Site after the publication of the changes or acceptance of the updated version of the Agreement. If the User disagrees with the changes made, he/she is obliged to stop using the Site.
4. Rights and obligations of the parties
4.1. The Copyright Holder undertakes to:
4.1.1. Inform on issues related to working with the Site via e-mail.
The current contact details of the support service are posted at the address: xeniyaforme.ru.
4.1.2. Ensure the confidentiality and protection of information about the User and
information stored by the User as content;
4.1.3. Advise the User on all matters relating to the use of
the Site.
4.2. The User undertakes to:
4.2.1. Use the Site only within the limits of the rights and in the ways provided for in the Agreement.
4.2.2. Ensure the confidentiality of the information received in cooperation with the Copyright Holder.
4.2.7. Not to send mass messages to other users of the Site without their consent.
4.3. The Copyright Holder has the right to:
4.3.1. Delete the User's Account in the event of a violation of the terms of the Agreement or any illegal actions.
4.3.2. Collect (automatically) information that does not contain personal data and does not allow the user to be identified, in order to recognize the preferences of visitors to the most popular sections of the Site. The collected information cannot identify the User.
The User will be able to block the function of collecting and analyzing statistics of data related to visiting the Site at any time.
4.3.3. In the event of a violation by the User of the Agreement, the exclusive rights of the Copyright Holder to the Site, as well as in the event of a violation by the User of the rights of third parties using the Site, terminate the Agreement, terminate the User's access to the Site, and also apply other measures to the User in order to comply with the requirements of the law or the rights and legitimate interests of third parties.
4.3.4. Remove user content at the request of authorized bodies or interested parties if this content violates the law or the rights of third parties.
4.3.5. At any time, terminate access to the Site, as well as partially restrict or terminate the operation of some functions or services, including for the purpose of carrying out technical work on the Site.
4.4. The User has the right to:
4.4.1. Use the Site within the limits and in the ways provided for in the Agreement.
5. Terms of the User License
5.1. The User is granted a License to use the Site in the amount and in the manner established by the Agreement, without the right to grant sublicenses.
5.2. The License provides for the following methods of using the Site:
5.2.1. Implementation of the available functionality of the Site.
5.2.2. Method of use: browse the Site and use all functions of the Site,
explicitly available to an unregistered User.
5.3. The User is not granted any other rights. In particular,
The User has no right to modify, process, distribute or perform other actions.
5.4. At any given time, the Site is provided "as is". The Copyright Holder does not guarantee that the Site meets or will meet the User's requirements, that access to the Site will be provided continuously, quickly, reliably and without errors.
5.5. The User guarantees that he has all the necessary rights to the published materials (user content), which allow posting the material on the Site and using it in the future, taking into account the functions of the Site. The User is solely responsible for the compliance of the content of the posted content with the requirements of the current legislation, including liability to third parties in cases where the posting of content or the content of the content violates the rights and legitimate interests of third parties, including the personal non-property rights of authors, other intellectual rights of third parties, and / or infringes on their intangible assets. In the event that any third party makes a claim to the Copyright Holder in connection with the violation of current legislation by the User, violation of the rights of third parties (including intellectual property rights). The User undertakes to compensate the Copyright Holder for all expenses and losses, including paying any compensation and other costs associated with such a claim.
5.6. The User grants the Copyright Holder a free, simple, non-exclusive license for the Copyright Holder to use the User Content with or without indicating the author's name, without the obligation to provide reports on use, without the need to obtain special permission from the User and without paying royalties, throughout the world, with the Copyright Holder's right to grant the specified rights to use the User Content to third parties. At the same time, the User acknowledges and agrees that the Copyright Holder is not obliged to view the User Content, and its use can be carried out automatically by means of software. The Copyright Holder has the right to use the User Content in any way on any information media, including: reproduction by recording in computer memory; distribution, processing, making available to the public, granting the right to use the User Content to third parties; inclusion in advertising materials aimed at promoting the services and products of the Copyright Holder by inclusion in a complex or composite work. Subsequently, such advertising materials with included User Content may be used in the following ways: reproduction, distribution, making available to the public, public display, cable or broadcast. The Copyright Holder has the right to use User Content on the Site, in its other services and applications, in advertising or marketing materials posted on any resources. The license is valid indefinitely. When deleting User Content from the Site, the Copyright Holder has the right to save archive copies of User Content and not to withdraw from circulation the created materials that contain it.
6. Processing of personal data.
6.1. Before the conclusion of the Agreement, the User as a data subject or a representative of the data subject undertakes to familiarize himself with the documents establishing the rules for the processing and protection of personal data applied by the Copyright Holder. Personal data are processed by the Copyright Holder subject to the consent of the data subject to their provision and processing, or in the presence of other legal grounds for data processing (for example, for the conclusion and execution of the Agreement and other contracts between the Copyright Holder and data subjects or persons represented by them).
6.2. The Copyright Holder guarantees the confidentiality of the User's personal data.
7. Liability of the parties
7.1. The parties are liable for failure to fulfill or improper fulfillment of their obligations in accordance with the legislation of Russia.
7.2. The Copyright Holder does not assume liability for the compliance of the Site with the purposes of use.
7.3. The Copyright Holder is not liable for technical interruptions in the operation of the Site. At the same time, the Copyright Holder undertakes to take all reasonable measures to prevent such interruptions.
7.4. The Copyright Holder does not guarantee that the Site will meet the User's requirements, and does not guarantee the operability of the Site in conjunction with software and equipment from other manufacturers; does not guarantee that the Site is error-free, does not guarantee uninterrupted operation of the Site, does not guarantee the safety of User data; is not responsible for the results obtained when using the Site, is not responsible for direct or indirect damages of any kind incurred as a result of the use or non-use of the Site.
7.5. The Copyright Holder does not have the technical and actual ability to check all information posted by the User on the Site for its compliance with the requirements of the legislation of the Russian Federation and the provisions of the Agreement, since such a check will make the functioning of the Site impossible. The Copyright Holder has the right to take actions to check such content at its own discretion. The Copyright Holder cannot guarantee the compliance of such content with the requirements of the legislation of the Russian Federation and the absence of violations of the rights and legitimate interests of third parties.
8. Dispute Resolution
8.1. The claim procedure for pre-trial settlement of disputes under the Agreement is mandatory.
8.2. Claim letters shall be sent by the Parties by courier or registered mail with a delivery confirmation to the address of the Party's location.
8.3. The Parties shall not send claim letters in any manner other than that specified in clause 8.2 of the Agreement.
8.4. The period for consideration of a claim letter shall be 30 (thirty) business days from the date of receipt by the addressee.
8.5. Disputes under this Agreement shall be resolved in court.
9. Final Provisions
9.1. The legislation of the Russian Federation shall apply to the relations of the Parties under the Agreement.
10. Addresses and details of the parties
10.1. Copyright holder:
e-mail: xeniyaforme@gmail.com;
INN: 481603309201 r/s: 40817810535001285097;
c/s: 30101810800000000604;
BIC: 044206604.