8 september, 2020
SUBJECT OF THE USER AGREEMENT
This User Agreement regulates procedures for using the Website, as well as the relationship that arises between the User and the Website when using it.
This User Agreement is a public offer addressed to general public and containing the offer of the Website. The offer is valid for an unlimited period. Proper acceptance of this User Agreement as an offer is the commission of the actions provided for in Clause 1.3. hereof by the User.
The User agrees to conclude an agreement on the use of the Website on the terms set forth in the User Agreement from the moment one of the following implicative actions is taken:
- browsing the Site;
- ordering services;
1.4. The terms of the User Agreement can be accepted by the User only as a whole. After accepting the terms of this User Agreement by the User, an agreement concluded between the Website and the User takes effect, whereas such an agreement shall not be drawn up as a document signed by both Parties.
1.5. By using the Website and thus concluding this User Agreement, the User guarantees that being an individual has all the rights and powers needed to conclude and execute the User Agreement, including the following: a legal entity shall be registered in accordance with the procedure established by law; an individual representing a legal entity shall have the authority to act on behalf of and at the expense of the legal entity it represents. The User guarantees as well to be an adult and fully capable person, or a minor declared fully capable (emancipation) by decision of an authorized body, or a minor who has reached the age of fourteen years old and has received written permission to conclude a User Agreement from their parents or other legal representatives in the form required by law. The Website has the right to require the User to provide information and documents confirming the above at any time.
1.6. The conclusion of this Website User Agreement means that the User, to the extent necessary for the User, has read the terms of this User Agreement and fully and unconditionally agrees with them, including terms of providing the consent to processing of the User's personal data to the Website.
2. WEBSITE SERVICES
2.1. The Website provides the User services for creating animation in drawings, photographs, pictures from public resources, processing of photographs and drawings through the use of the Website. The list of services is part of this User Agreement and is published on the Website.
2.2. The Website provides a possibility to purchase services on the terms of one hundred percent advance payment.
2.3. The Website shall have the right to:
- temporarily suspend the service operation for technical, technological or other reasons that impede the provision of Services, for the period of elimination of such reasons;
- provide the User with services in the manner and under the terms defined by the User Agreement;
- provide the User with explanations regarding procedures for using the Website upon the request of the latter.
2.4. The User shall have the right to:
- use the Website, shall all the terms of the User Agreement as an Offer be accepted by the User;
2.5. The User undertakes to:
- comply with all the conditions established herein when using the services of the Website,
- not to abuse the possibilities provided, not to use independently or through third parties the possibilities of the Website for purposes that can be qualified as a violation of third-party rights to intellectual property, unfair competition, other violation of the law; not to carry out actions that affect normal operation of the Website.
2.6. Services are provided only to Users meeting the requirements hereof.
2.7. The list and / or the conditions for the provision of Services may be supplemented and / or amended by the Website at its discretion by publishing relevant changes on the Website. Use of the Services after the amendments are published on the Website means the User's consent to all changes.
2.8. The Website reserves the right to unilaterally suspend the provision of services with simultaneous notification of the User.
2.9. The user acknowledges and agrees that all content of the Service located on the Website, including program code, design works, texts, as well as visual identity (brand name, trademarks, service marks, commercial designations), is the property of the Website, which is protected by law regulating intellectual property issues and other Russian and international laws.
2.10. The user shall not have the right to copy, reproduce, move, compile, collect, distribute, publish, demonstrate, perform, modify, download, create derivative works, transfer or in any other way exploit any elements of the Website content without written permission of the Website.
2.11. The User agrees that the content presented on the Website is subject to protected intellectual property rights.
2.12. The Website has the right to unilaterally deny access to the Website to the User in whole or in part shall it become known that the User is violating the terms provided for herein.
2.13. In order to use the services of the Website and make an order, the User must write to this email email@example.com
om or contacts on Website to agree upon all fundamental terms. The Website creates a work (hereinafter animation, the result of the provision of services) in accordance with the User's requirements agreed by email. The User provides the Website with all the necessary materials for provision of services in accordance with the User's order, including but not limited to a character, a picture, a description (hereinafter referred to as materials) and is obliged to provide, upon the Website's request, oral or written explanations on the submitted materials needed by the Website during the provision of services according to the order. Therewith, the User guarantees that the materials presented (character, pictures, etc.) are not and will not be a violation of copyright and other rights of third parties. Shall complaints and claims be made against the Website regarding the violation of copyright or other rights of third parties against the result of the provision of services, the animation created by the Website, the User undertakes to settle them and is responsible for such complaints and claims. Shall the User violate the above guarantees, the User is obligated to reimburse the Customer for all losses caused by such violation.
2.14. The Website provides services and transfers the result to the User within the agreed time frame. In case of refusal to accept the result of the services provided, the User is obligated, within 3 (three) working days from the date of receipt of the result of the services provided, to provide in writing a reasoned justification with a list of shortcomings to be eliminated. The User has the right to make five free corrections. Shall no notifications be received by the Website of acceptance or refusal of the result of the provision of services, the order is considered completed properly, and the result is considered accepted by the User. The result of the services provided is considered to be transferred to the User in full at the time of acceptance and does not depend on the presence or absence of an acceptance certificate.
2.15. The Website holds the copyright in relation to the result of the services provided according to the User’s order (the right to be recognized as the creator of the animation), the Website has the right to put watermarks on the results of its provision of services and animations. When using the result of the provision of services of the Website, the User shall indicate the author of the animation Snaws. The Website has the right to use the animation created for the User as an example of its work on the Website.
2.16. The User is hereby notified, understands and agrees that the Website can collect anonymized statistical data on the use of the Website and automatically transfer it.
2.17. The Website has the right to send its Users advertising and informational messages, offers and advice regarding services. By using the Website, the User agrees to receive advertising messages.
2.18. In order to control quality and resolve controversial issues, the Website can record all telephone conversations and correspondence between the User and support service specialists.
2.19. The Website undertakes to process the User's personal data, as well as to ensure confidentiality and protection of the processed personal data.
3. ADDITIONAL TERMS
3.1. The User is hereby notified and agrees that the security and confidentiality of data processed on a personal device are provided directly by the User. The User understands and accepts the risks associated with the transfer of personal data and other confidential information through the use of the Internet.
3.2. The use of the Website, as well as data transfer, is possible only if the User has access to the Internet. For continuous operation of the Website, the User must ensure proper quality of the Internet access on his Device.
3.3. The User agrees not to take action and not to leave comments and notes that may be considered as violating Russian or international law, including the field of intellectual property, copyright and / or related rights, generally accepted standards of morality and ethics, as well as any actions which lead or may lead to disruption of normal operation of the Website and its services.
3.4. The use of materials from the Website without the consent of the copyright holders is not allowed.
4.1. The Website shall not be liable for improper provision of Services arising as a result of inaccuracy, insufficiency and untimely transfer of information and / or materials provided by the User, as well as arising from other violations of the terms hereof by the User.
4.2. The Website shall be released from liability for full or partial failure to fulfill the obligations provided for in this offer if this failure was the result of force majeure circumstances arising after the conclusion of the User Agreement as a result of extraordinary events that the parties could neither foresee nor prevent by reasonable measures (force major).
4.3. The Website is not responsible for visiting and using external resources, links to which may be contained on the Website.
4.4. The Website is not responsible and has no direct or indirect obligations to the User in connection with any possible or incurred loss or damage associated with any content of the Website, registration of copyrights and information about such registration, goods or services available or obtained through external sites or resources or other contacts of the User, which he entered, using information or links to external resources posted on the Website.
5. FINAL PROVISIONS
5.1. This User Agreement is governed by current legislation. All disputes that may arise about it shall be resolved in accordance with the current legislation of the Russian Federation.
5.2. The User and the Website shall seek to settle all disputes, disagreements and claims that may arise in connection with the execution, termination or invalidation of this User Agreement by means of negotiations in mandatory compliance with the claim procedure. The recipient of the claim shall notify the applicant in writing about the results of consideration of the claim within 30 calendar days from the date of its receipt. However, if the disputes that have arisen cannot be settled through negotiations, they shall be resolved by litigation in accordance with the legislation of the Russian Federation at the location of the Website, the language of court proceedings is Russian.
5.3. This User Agreement can be changed by the Site without any special notice. In this case, the new version of the User Agreement comes into force after 3 (three) days from the date of its posting, unless otherwise provided by the new edition of the User Agreement. The current version of the User Agreement is always posted on the Website. The User has the right to refuse to accept its changes, which means the User's refusal to use the Website.
5.4. In case of any questions and claims from the User or a possible Copyright Holder, they must contact the Website by sending an e-mail to the email address: firstname.lastname@example.org and briefly state their request. The Website will help in resolving the problem or will remove material from the website as early as possible.