ОФЕРТА НА РУССКОМ ЯЗЫКЕ

PUBLIC OFFER

LICENSE AGREEMENT

 

1. GENERAL PROVISIONS

 

1.1. IE Samoilova Ekaterina Mikhailovna, hereinafter referred to as the “Seller” (“Author”, “Licensor”) publishes a Public Offer for the sale of digital goods presented on the Seller's official websites http://picbykate.com/ and http://picbykate.ru/

1.2. In accordance with Article 437 of the Civil Code of the Russian Federation (CC RF), this document is a public offer, and if the conditions set out below are accepted, the individual accepting this offer shall pay for the Seller's Digital Goods in accordance with the terms of this Agreement.
In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, payment for the Digital Goods by the Buyer is an acceptance of the offer, which is considered equivalent to the conclusion of the Agreement on the terms set forth in this offer.

1.3. Based on the above, please carefully read the text of the public offer, and if you do not agree with any clause of the offer, you will be invited to refuse to purchase the Digital Goods provided by the Seller.

1.4. In this offer, unless the context otherwise requires, the following terms have the following meanings:

1.4.1. Site - the site of the Author, located on the Internet at: http://picbykate.com/ and http://picbykate.ru/

1.4.2. Author (Seller, Licensor) - Individual Entrepreneur Samoilova Ekaterina Mikhailovna

1.4.3. Acceptance - full and unconditional acceptance by the Buyer of the terms of the Offer.

1.4.4. Offer - a public offer of the Seller, addressed to any individual or legal entity, to conclude a sales contract (hereinafter referred to as the "Agreement") with him on the existing terms contained in the Agreement, including all its annexes, incl. License agreement.

1.4.5. Buyer (Licensee, User) - an individual or legal entity that has entered into an Agreement with the Seller on the terms and conditions contained in the Agreement and its annexes.

1.4.6. Digital Goods (Products) - a list of assortment items presented on the official website http://picbykate.com/ and www.picbykate.ru.

1.4.7. Product, Goods - the result of intellectual activity created by the Author, access to which he provides in accordance with the terms of this Agreement and the License Agreement, namely:

  • 1.4.7.1. Graphic Work (Work) - a product created by the Author, the result of intellectual activity in the form of a graphic image, a collection of images, a graphic design object, including a seamless pattern, illustration, vector graphics, texture, graphic element or set of elements, as well as any other graphic image, usually in the form of files in raster or vector formats - PDF, JPEG, TIFF, PNG, PSD, EPS, which is the subject of copyright and related rights.
  • 1.4.7.2. Add-on for programs/applications (add-on) - a product created by the Author, the result of intellectual activity in the form of digital tools/add-ons used in third-party programs/applications (for example, Adobe Photoshop, Procreate, Adobe Illustrator, etc.), as a rule, in in the form of downloadable files in the formats Brushset, Brush, TPL, TTF, OTF, etc. (indicated in the description of the Product on the website page), in particular - digital brushes for Procreate, Photoshop, fonts.
  • 1.4.7.3. Video materials - video tutorial, video course, workshop and materials for them (such as text files, images, illustrations), in particular: Video lesson - a video explaining the sequence of actions to obtain a specific result or skill. Video course - a set of Video lessons. Workshop - a set of Video tutorials, text, graphic materials, tasks and video analyzes aimed at mastering certain knowledge and skills by the User. Video analysis of works, Video analysis - a video containing an evaluation review of the Author on the artworks of Users corresponding to the task. Task - requirements, conditions and (or) tasks determined by the Author and offered for execution to the User.
  • 1.4.7.4. Text Materials - a product created by the Author, the result of intellectual activity in the form of text files containing information and images, usually in TXT, PDF, DOC and other text formats.

1.4.8. Catalog - a data bank (database) containing information about the Products, which is a part (section) of the site, includes an image of the product, a description of its characteristics, price and terms of sale.

1.4.9. Order - individual items from the assortment list of Digital Goods specified by the Buyer when placing an order on the Seller's website.

1.5. The terms of payment and delivery of the purchased Goods, as well as the features and types of non-exclusive licenses are determined by the terms of this Agreement and the License Agreement.

1.6. Digital goods posted for sale are finished and ready to use, unless otherwise indicated in the product description.

1.7. From the moment of payment for the Order on the website (pressing the CHECKOUT button), this offer is recognized as accepted.
 

 

2. SUBJECT OF THE CONTRACT

 

2.1. The Seller sells the Digital Goods in accordance with the current price list and under the terms of the Agreement and the License Agreement published on the Seller's website http://picbykate.com/ and http://picbykate.ru/, and the Buyer makes payment and accepts the Digital Goods in in accordance with the terms of this Agreement and the License Agreement.

2.2. This Agreement and the License Agreement are an official document of the Seller and an integral part of the offer.

 

2.3. The owner and copyright holder of the goods is the Author.


2.4. The activities and materials of the Author are not educational activities, they are not accompanied by a final attestation and the issuance of a certificate of education.

 

3. LICENSE AGREEMENT. TYPES OF LICENSE

 

Types of licenses for digital goods related to Graphic Works:

3.1. Non-exclusive commercial license

3.1.1. The Licensee acquires property rights to use the Work on a non-exclusive basis.

3.1.2. The right to use the Work is granted to the Licensee for 1 (one) year without limiting the territory of use.

3.1.3. Under a non-exclusive commercial license, the Licensee has the right to:

use the Graphic Work for personal and commercial projects,

  • Use the Artwork on physical end products for sale in multiple projects with production rights for a lifetime of no more than 1,000 units of the end product.
  • Use Graphic work for printing on wallpaper, fabrics or any surface material up to 12,000 meters long.
  • Use on business or personal social media accounts owned by the licensee, with appropriate credits in the form of @picbykate tags.

3.1.4. The use of a Graphic Work means:

  • reproduction of a graphic work;
  • public display of the Graphic Work;
  • Editing of the graphic work;

3.1.5. Under a non-exclusive commercial license, the Licensee is prohibited from:

  • resell, sublicense, distribute or transfer the source file containing the Graphic Work to third parties in any way that allows others to download, extract or distribute the Graphic Work as is or any parts thereof,
  • create conditions for extracting the Graphic Work from the product or content,
  • use the Graphic Work in a manner that will give a third party access to it for further use,
  • use the Graphic Work to create an official logo, company name, trademark, or otherwise register any intellectual property rights in or in respect of the Graphic Work with any government or non-governmental organization;
  • use the Graphic Work in a manner that infringes intellectual property rights, trademark rights of third parties, or raises claims of unfair advertising or competition;
  • Resell as a final Digital Product the Graphic Work, as well as any of its elements or parts of elements, whether modified or not, including on image download sites such as Creative Market, Shutterstock, Adobe Stock and the like.
  • Use the Graphic Work or parts thereof, even if it has been modified, on POD sites (Print on Demand, Print on Demand, Print on Demand, Make to Order, etc.).
  • use the Graphic work for SPAM mailings;
  • use the Graphic Work in a manner that competes with the activities of the Licensor;
  • use the Graphic Work for pornographic, illegal, immoral purposes and in any other way prohibited by the legislation of the Russian Federation.

3.1.6. The Licensee may not sell, assign or otherwise dispose of the Graphic Works as independent objects of rights, except in cases where the sale, assignment or other disposal occurs in relation to the items that include the Graphic Work.

3.1.7. Any other use of the Graphic Work not expressly permitted by the terms of the license is strictly prohibited.

3.1.8. The Author retains copyright to the Graphic Work, including the exclusive right, personal non-property rights, as well as other intellectual rights, if they are associated with the Graphic Work: the right to a trademark and service mark, the right to a trade name, the right to a commercial designation, know -how (secret of production), patent rights.

3.1.9. The artwork is provided in a downloadable file and is an editable high resolution layered PSD/TIFF or AI/EPS vector file.

 

3.2. Extended non-exclusive commercial license

3.2.1. The Licensee acquires property rights to use the Work on a non-exclusive basis.

3.2.2. The right to use the Work is granted to the Licensee for 10 years without limiting the territory of use.

3.2.3. Under the Extended Non-Exclusive Commercial License, the Licensee has the right to:

  • use the Graphic Work for personal and commercial projects,
  • use the Graphic Work on physical end products for sale in multiple projects with the rights to produce an unlimited number of units of the end product.
  • Unlimited use of the Graphic Work for printing on wallpaper, fabrics or any surface material.
  • Modify or repackage the Graphic Work in accordance with its requirements for the final product.
  • Use on Licensee's business or personal social media accounts with or without @picbykate tags.

3.1.4. The use of a Graphic Work means:

  • reproduction of a graphic work;
  • public display of the Graphic Work;
  • Editing of graphic work

3.1.5. Under a non-exclusive commercial license, the Licensee is prohibited from:

  • resell, sublicense, distribute or transfer the source file containing the Graphic Work to third parties in any way that allows others to download, extract or distribute the Graphic Work as is or any parts thereof,
  • create conditions for extracting the Graphic Work from the product or content,
  • use the Graphic Work in a manner that will give a third party access to it for further use,
  • use the Graphic Work to create an official logo, company name, trademark, or otherwise register any intellectual property rights in or in respect of the Graphic Work with any government or non-governmental organization;
  • Resell as a final Digital Product the Graphic Work, as well as any of its elements or parts of elements, whether modified or not, including on image download sites such as Creative Market, Shutterstock, Adobe Stock and the like.
  • Use the Graphic Work or parts thereof, even if it has been modified, on POD sites (Print on Demand, Print on Demand, Print on Demand).
  • use the Graphic Work in a manner that infringes intellectual property rights, trademark rights of third parties, or raises claims of unfair advertising or competition;
  • use the Graphic work for SPAM mailings;
  • use the Graphic Work in a manner that competes with the activities of the Licensor;
  • use the Graphic Work for pornographic, illegal, immoral purposes and in any other way prohibited by the legislation of the Russian Federation.

3.1.6. The Licensee may not sell, assign or otherwise dispose of the Graphic Works as independent objects of rights, except in cases where the sale, assignment or other disposal occurs in relation to the items that include the Graphic Work.

3.1.7. Any other use of the Graphic Work not expressly permitted by the terms of the license is strictly prohibited.

3.1.8. The Author retains copyright to the Graphic Work, including the exclusive right, personal non-property rights, as well as other intellectual rights, if they are associated with the Graphic Work: the right to a trademark and service mark, the right to a trade name, the right to a commercial designation, know -how (secret of production), patent rights.

3.1.9. The artwork is provided in a downloadable file and is an editable high resolution layered PSD/TIFF or AI/EPS vector file.

 

3.2. Exclusive license

3.2.1. The Licensee acquires exclusive rights to use the Graphic Work on an exclusive basis.

3.2.2. The right to use the Work is granted to the Licensee without restriction of the territory of use and for the entire duration of the exclusive right.

3.2.3. After granting the right to use the Graphic Work (source file) is deleted from the Site and is not sold to anyone else.

3.2.5. All elements of the Graphic Work are exclusive and created specifically for this design, with the exception of elements related to elements of traditional folk ornament, which can be used in an exclusive design. Such elements are not copyrighted or transferred.

3.2.6. The artwork is provided in a downloadable file and is an editable high resolution layered PSD/TIFF or AI/EPS vector file.

3.2.7. The Author retains the personal non-property rights to the Graphic Work and the right to use the Graphic Work in his portfolio.

3.2.8. Under the exclusive license, the Licensee has the right to:

  • use the Work for personal and commercial projects,
  • use the Work on physical end products for sale in multiple projects with the rights to produce an unlimited number of units (no circulation limit),
  • Unrestricted use of the Works for printing on wallpaper, fabrics or any surface material.

3.2.9. The use of the Work means:

  • reproduction of the Work;
  • public display of the Work;
  • processing of the Work.

3.2.10. Under the exclusive license, the Licensee is prohibited from:

  • resell, sublicense, distribute or transfer the source file containing the Work to third parties in any way that allows others to download, extract or distribute the Work as is or any parts thereof,
  • create conditions for the extraction of the Work from the product or content,
  • use the Work in a way that will give a third party access to it for further use,
  • use the Work in a manner that infringes intellectual property rights, trademark rights of third parties, or raises claims for unfair advertising or competition;
  • use the Work for SPAM mailings;
  • use the Work in a way that creates competition for the activities of the Licensor;
  • Resell as a final Digital Product the Graphic Work, as well as any of its elements or parts of elements, whether modified or not, including on image download sites such as Creative Market, Shutterstock, Adobe Stock and the like.
  • Use the Graphic Work or parts thereof, even if it has been modified, on POD sites (Print on Demand, Print on Demand, Print on Demand).
  • use the Work for pornographic, illegal, immoral purposes and in any other way prohibited by the legislation of the Russian Federation.

3.3. All rights not expressly granted to the Licensee in accordance with the terms of this Agreement shall be deemed not granted. Any rights that arise for the Licensee in relation to the Works created by him, derivative of the Graphic Work, do not allow him to use the Work in other ways, except as expressly provided for in this Agreement.

3.4. To obtain a license, the Licensee selects a Graphic Work on the Site.

3.5. The moment of transfer of rights under the Agreement in respect of a specific Graphic Work is the moment when the Licensee makes payment after selecting the Graphic Work.

 

Types of licenses for digital goods related to Program/Application Add-ons (add-ons), such as digital brushes and fonts:

3.6. Non-exclusive license for Digital Goods - Digital Brushes (Brushes for use in Procreate, Photoshop, Illustrator, etc.), hereinafter - "Digital Good":

3.6.1. The Licensee acquires non-exclusive rights to use the Digital Good on a non-exclusive basis.

3.6.2. The right to use the Digital Goods is granted to the Licensee without restriction of the territory of use and for the entire duration of the non-exclusive right.

3.6.1. Under a non-exclusive license for digital goods relating to Add-ons to programs/applications (add-ons), such as digital brushes, Licensee may:

  • use the Digital Good for personal and commercial projects,
  • use the Digital Good - digital brushes - to create physical and digital end products for sale in several projects with the rights to produce an unlimited number of units (no limit on circulation),

3.6.2. Under the non-exclusive license for digital goods relating to Add-ons to programs/applications (add-ons), such as digital brushes, Licensee is prohibited from:

  • resell, sublicense, distribute or transfer the source file containing the Digital Good to any third party in any way that allows others to download, extract or distribute the Digital Good as is or any portion thereof,
  • create conditions for the extraction of a Digital Good from a product or content,
  • use the Digital Good in a manner that will give a third party access to it for further use,
  • use the Digital Good in a manner that infringes intellectual property rights, trademark rights of third parties, or raises claims of unfair advertising or competition;
  • use the Digital Goods for SPAM mailings;
  • Resell as the final Digital Product the Digital Good, as well as any of its elements or parts of the elements, regardless of whether changes have been made or not.
  • Use the Digital Good or parts thereof, even if they have been modified, for sale on sites selling digital goods, such as Creative Market, DesignCuts and others.
  • use the Digital Goods for pornographic, illegal, immoral purposes and in any other way prohibited by the legislation of the Russian Federation.
  • Sublicense, resell, redistribute, provide access to, share or transfer any constituent parts of the Digital Product (for example, stamps and textures used in digital brushes).
  • Copy and customize Digital Brushes for repackaging and sale.
     

3.7. All rights not expressly granted to the Licensee in accordance with the terms of this Agreement shall be deemed not granted. Any rights that arise for the Licensee in relation to the Works created by him, derivatives of the Digital Good, do not allow him to use the Work in other ways, except as expressly provided for in this Agreement.

3.8. The moment of transfer of rights under the Agreement in respect of a specific Digital Good is the moment when the Licensee makes payment after selecting the Digital Good.

 

3.9. Non-exclusive license for Digital Goods - Fonts, hereinafter referred to as "Font" :

3.6.1. The Licensee acquires non-exclusive rights to use the Font on a non-exclusive basis.

3.6.2. The right to use the Font is granted to the Licensee without restriction of the territory of use and for the entire duration of the exclusive right.

3.6.1. Under a non-exclusive license for digital goods relating to Add-ons to programs / applications (add-ons), such as Fonts, the Licensee may:

  • use the Font for personal and commercial projects,
  • use the Font to create physical and final products for sale in multiple projects with the rights to produce an unlimited number of units (no circulation limit),

3.6.2. Under the non-exclusive license for digital goods related to Program/Application Add-ons (add-ons), such as Fonts, Licensee is prohibited from:

  • resell, sublicense, distribute or transfer the source file containing the Font to any third party in any way that allows others to download, extract or distribute the Font as is or any parts thereof,
  • create conditions for extracting the Font from the product or content,
  • use the Font in a manner that will give third party access to it for further use,
  • use the Font in a manner that infringes intellectual property rights, trademark rights of third parties, or raises claims of unfair advertising or competition;
  • use Font for SPAM mailings;
  • Resell as a final Digital Product the Font, as well as any of its elements or parts of elements, whether modified or not.
  • Use the Font or parts of it, even if they have been modified, for sale on sites that sell digital goods, such as Creative Market, DesignCuts and others.
  • use the Font for pornographic, illegal, immoral purposes and otherwise prohibited by the legislation of the Russian Federation.

3.7. All rights not expressly granted to the Licensee in accordance with the terms of this Agreement shall be deemed not granted. Any rights that arise for the Licensee in relation to the Works created by him, derivatives of the Digital Good, do not allow him to use the Work in other ways, except as expressly provided for in this Agreement.

3.8. The moment of transfer of rights under the Agreement in respect of a specific Digital Good is the moment when the Licensee makes payment after selecting the Digital Good.

 

 

4. PLACING AN ORDER

4.1. The order of the Digital Goods is carried out by the Buyer through the Internet site http://picbykate.com or http://picbykate.ru
4.2. When making a payment for a Digital Good on the Seller's website, the Buyer undertakes to provide the following information about himself: last name, first name, e-mail address; contact phone (mobile, landline).

4.3. The buyer has the right to edit the registration information about himself. The Seller does not change or edit the registration information about the Buyer without the consent of the latter. The Seller undertakes not to disclose the Buyer's data specified when placing the Order on http://picbykate.com and http://picbykate.ru to persons not related to the execution of the Order. Having approved the Order of the selected Digital Goods, the Buyer provides the Seller with the necessary information in accordance with the procedure specified in clause 4.2. actual agreement.

4.4. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an Order.

4.5. The Buyer is responsible for the accuracy of the information provided when placing the Order.

4.6. Payment by the Buyer of an Order independently placed on the website means the Buyer's consent to the terms of this Agreement and the License Agreement. The day of payment for the Order is the date of conclusion of the Purchase Agreement between the Seller and the Buyer.

4.7. If the Buyer has any questions regarding the properties and characteristics of the Digital Goods, before placing an Order, he must seek advice from the Seller.

 

4.8. The Buyer's acceptance is recognized as received at the moment the payment is made, when the buyer places an order (chooses the Product and clicks the "Pay" button). From this moment the contract is considered concluded.

If the payment is made by a partially or partially capable natural person, then he guarantees the Author that he has the written consent of his legal representative / guardian to complete this transaction and to process his personal data.

 

4.9. An automatic e-mail confirming the payment and the placed Order is sent to the Buyer within 24 hours after its completion.


4.10. An email providing access to the Product shall be sent by the Author to the Buyer within three working days after the payment is made, unless otherwise indicated on the Site.


4.11. In case of non-receipt of an e-mail with access to the Product, the Buyer is obliged to notify the Author by e-mail.


4.12. The Author is considered to have fulfilled the obligation to provide access to the Digital Goods from the moment the User is sent an active link to record them in the memory of any device (download), or a link that allows online viewing.


4.13. To download the Video Course, the Author may provide for the need to enter a PIN code, the number of activations of which is limited. Information about such restrictions is posted on the Site. The author sends a pin code in the letter granting access.

 

4.14. Access to the course may be limited in time. In this case, the restriction information is indicated in the course description. The beginning of such a period is considered the date of sending the link to the user to view them. Extension of access beyond the specified is possible only by agreement of the parties for an additional fee

 

4.15. Buyer acknowledges that the Products have not been specifically designed to meet its individual requirements, and therefore Buyer is responsible for ensuring that the features and functions of the Products meet Buyer's requirements.


4.16. The Author is considered to have failed to fulfill the obligation under the Agreement if, in the absence of a special instruction on the Site to stop sending letters, he did not provide the Buyer with access to the Products within three working days after the User sent the letter in accordance with clause 3.6. Agreement.

 

5. FINANCIAL CONDITIONS

 

5.1. Information about the cost of services is published by the Author on the page of the Site containing the description of the Product.


5.2. The author has the right to change the cost of goods unilaterally. In this case, the cost of goods paid by the Buyer is not subject to change.


5.3. The Author notifies the Buyer about the change in the cost of the Product by indicating the new cost on the page of the Site containing the description of the Product. The buyer independently checks the current cost before making a payment.


5.4. The Author provides access to Digital Goods on the terms of 100% prepayment.


5.5. Payments are made in Russian rubles.

 

5.6. The Buyer is considered to have fulfilled his payment obligations from the moment the funds are credited to the Author's account.


5.7. The author does not control the hardware and software complex of payment systems and is not responsible for their errors. In the event that funds are not credited to the Author's account due to an error, the Author is not liable to return the paid funds to the User.

 

6. RETURN OF ORDER

  6.1. According to paragraph 14 of Decree of the Government of the Russian Federation of 19.01.1998 N 55 “On approval of the Rules for the sale of certain types of goods, a list of durable goods that are not subject to the buyer’s requirement to provide him free of charge for the period of repair or replacement of a similar product, and a list of non-food products of good quality not subject to return or exchange for a similar product of a different size, shape, dimension, style, color or configuration," publications reproduced on technical media are not subject to return or exchange for a similar product.

 

6.2. The money paid for providing access to the Video Lesson or Video Course is non-refundable, unless otherwise specified in the lesson/course description.

 

6.3. An insufficient level of knowledge of the Buyer is not a basis for a refund, including, but not limited to the following circumstances:

  • the impossibility of using the Digital Goods due to a mismatch between the settings and/or versions of the used system and other software and the system requirements specified by the Author;
  • the impossibility of customizing or changing the appearance (design) of the Digital Goods due to the lack of the necessary knowledge of HTML, CSS, PHP and other technologies;
  • the lack of basic knowledge when buying goods. Technical support is not provided for Digital Goods.

6.4. Non-receipt by the Buyer of an e-mail providing access to the Products, due to the fault of the Buyer, in particular due to the omission of the letter, is not a basis for a refund of the money paid. The buyer undertakes to take all necessary and dependent measures to ensure receipt of the letter, including checking all folders of his e-mail, etc.

6.5. Termination of the use of the Products for reasons beyond the control of the Author is not a basis for the return of the money paid to the Buyer.
 

 

7. COPYRIGHT

7.1. All textual information and graphic images posted on the Internet site http://picbykate.com and http://picbykate.ru as well as in the content of the Digital Goods are the property of the Seller.

 

8. INTELLECTUAL PROPERTY

8.1. The Author is the owner of exclusive rights to all Products, access to which is provided under the terms of the Agreement and the License Agreement. None of the provisions of the Agreement and the License Agreement means the alienation of such rights by the Author to the Buyer.
8.2. The Author provides the Buyer with the Products for use in order to personally master the knowledge and skills they contain, or under the License Agreement of this Agreement.

The User may not use the Products for other purposes. In particular,

Video footage:

The user is prohibited in any way:

        8.2.1. reproduce (copy) the Products or their components;
        8.2.2. distribute the Products or their components by sale or otherwise alienate them;
        8.2.3. rent or publicly perform the Products or their components;
        8.2.4. transmit the Products or their components over the air or by cable, including rebroadcast;
        8.2.5. to translate the Products or their components;
        8.2.6. bring the Products or their components to the public, including by publishing them on the Internet.

- imply or state that the Buyer is the author of the Digital Good (graphic work, font, seamless pattern), even if the Buyer has made changes.

- Make the Products available to third parties on a digital asset management system, shared drive, etc. to share or transfer such Products.

- Resell the Product directly or in a larger design/product where the original Product can be extracted in its original form in both digital and printed format.

- Resell a website template that can extract embedded fonts, graphics, or other resources. A license will be required for both the Buyer and its client.

- Use software add-ons, in particular fonts or graphics in e-books or downloadable publications, so long as the fonts or graphics can be extracted from this document in their original form.

 

9. PERSONAL DATA

9.1. The procedure for processing and protecting personal data is determined by the Privacy Policy, which is an integral part of this Agreement and located at

 

10. VALIDITY OF THE CONTRACT

10.1. The Author has the right to unilaterally amend the terms of the Agreement and related documents at any time without notifying the User. Changes come into force from the moment they are published on the Site.
10.2. The current version of the Agreement is available at: www.picbykate.com and www.picbykate.ru

 

 

11. RESPONSIBILITIES OF THE PARTIES

 

11.1. The Author and the Buyer (hereinafter - the Parties; individually - the Party) are responsible for non-fulfillment or improper fulfillment of the obligations established by the Agreement, in accordance with the legislation of the Russian Federation.
11.2. The Author has the right to restrict or terminate the User's access to the Products without a refund of the money paid if the Buyer violates the law or the Agreement, including in terms of the distribution of the Author's intellectual property.
11.3. If the Buyer distributes intellectual property without the written consent of the Author, the Buyer is obliged to pay a fine of 50,000 (fifty thousand) Russian rubles for each such case.
11.4. In case of non-fulfillment of obligations under the Agreement, the Author reimburses the Buyer only for the expenses actually incurred by him within the cost of the Product purchased by the Buyer.
11.5. The Author is not responsible for the actions of the Buyer that violate the terms of the Agreement and the legislation of the Russian Federation.
11.6. The Author is not responsible for the results achieved by the Buyer through the use of the Products.
11.7. The Author is not responsible for specialized services and the quality of public communication network channels through which access to the Products is provided.
11.8. The Author does not guarantee the absolute uninterrupted or error-free operation of the Site, other third-party sites or services used by him, and does not guarantee that the offered Products do not contain system errors. The author takes all reasonable measures to prevent this.
11.9. The Seller is not responsible for the improper use of goods by the Buyer ordered on the website http://picbykate.com (http://picbykate.ru).
11.10. In accordance with paragraph 4 of Art. 16 of the Federal Law "On Information, Information Technologies and Information Protection" the Seller undertakes: to prevent attempts of unauthorized access to information and / or transfer of it to persons who are not directly related to the execution of Orders; timely detection and suppression of such facts.
11.11. The Buyer has the right to send all claims for improper execution of the order to the e-mail address indicated on the website http://picbykate.com.

11.12. Buyer acknowledges that the Products have not been designed to meet its individual requirements, and therefore Buyer is responsible for ensuring that the features and functions of the Products meet its requirements.

 

12. LIMITATION OF LIABILITY

12.2. The product is sold "as is". The Seller does not guarantee that the goods will fully meet the requirements of the Buyer, and also does not assume any responsibility for their compliance with the Buyer's goals.

12.4. The Seller shall not be liable to the Buyer and any third parties for any incidental, unintentional real damages and lost profits or lost data caused in connection with the use of the site.

12.5. The site may contain links to Internet sites (hyperlinks, banners) and any content owned by third parties. Such third parties and their content are not checked by the Seller for compliance with the requirements of good faith, decency, legality and other requirements. The Seller is not responsible for any information posted on the websites of third parties to which the Buyer has accessed through the Seller's website.

12.6. Except as expressly provided by applicable law, the Seller shall not be liable for defects in the Product, for its unsuitability for the purposes intended by the Buyer, for losses that the Buyer may incur as a result of its use.

12.7. Buyer may not use the Products in a manner that is unlawful, harmful, offensive, racially or ethnically offensive, libelous, misleading, infringing, infringing on privacy or publicity, harassing, humiliating other people (in public or otherwise), that is libelous, obscene, threatening, blasphemous, or promotes racism, bigotry, hatred or physical harm of any kind towards any group or individual, or is otherwise objectionable.

12.8. The Buyer may not transfer its rights or its obligations under this Agreement to another person or company without the express written consent of the Author.

12.9. Each of the terms of this Agreement is valid separately. If any court or competent authority decides that any of them is illegal or unenforceable, the remaining terms and conditions will remain in full force and effect.

 

12.10. Under no circumstances will the Author be liable to the Buyer or any third party for any special, consequential or incidental damages, including loss of profits, savings or business interruption resulting from a defect in the Product.

 

13. RESOLUTION OF DISPUTES AND DISPUTES

13.1. All disputes or disagreements arising between the Parties in connection with the execution of the Agreement shall be resolved by them through negotiations.
13.2. In the event of disputes under the Agreement, it is mandatory to file a claim, the term for consideration of which is 15 (fifteen) days from the date of its receipt by the other Party.
13.3. The claim and response to it are sent by e-mail.
13.4. If it is impossible to resolve disputes or disagreements through negotiations, they are subject to consideration in court at the place of residence of the Author in the manner prescribed by the legislation of the Russian Federation. The statement of claim may be filed not earlier than 30 (thirty) days from the date of receipt of the claim by the other Party.

 

14. FINAL PROVISIONS

 

14.1 The substantive and procedural law of the Russian Federation shall apply to the Agreement.

14.2 Any ambiguity in the terms of the Agreement is eliminated by their interpretation by the Seller, as any interpretation by the offeror of his actual will expressed in the public offer, including in order to prevent the acceptor from entering into a transaction with a misconception regarding its nature, subject and other conditions or initiating a legal dispute after accepting the offer .

14.3. Conditions not regulated by this Agreement shall be subject to resolution in accordance with the current legislation of the Russian Federation. Any dispute of the Parties is subject to settlement through negotiations and cannot be brought to court without all possible measures taken by the Parties for its pre-trial settlement.

14.4. The Parties have agreed that communications under the Agreement will be carried out:

        14.4.1. From the Author's side - to the e-mail address specified by the Buyer when filling out the information form on the Site and (or) sending the Author an application for payment on an individual basis;
        14.4.2. From the side of the Buyer - by e-mail address of the Author hello@picbykate.com

14.5. The contract does not require sealing and / or signing, while maintaining full legal force.
14.6. The Parties undertake to notify each other of any changes in their contact details in writing within 3 (three) business days from the date of the change. Otherwise, messages sent to the last known e-mail address are considered properly sent.
14.7. The User agrees to receive notifications related to the Agreement by e-mail.
14.8. In all other respects that are not provided for by the Agreement, the Parties are guided by the current legislation of the Russian Federation

14.9. Acceptance of the offer means full and unconditional acceptance of the terms of the Agreement, requiring their execution by it, including when changing the person on the side of the Buyer and other changes in the conditions that retrospectively apply to the entire period of actual relations between the Parties in the current version. The current version of the Agreement is located on the Internet at the address (hyperlink): http://picbykate.com.

If the Buyer does not agree to comply with the terms of the Agreement, he has the right to unilaterally at any stage of relations with the Author refuse to fulfill them by completely stopping the use of the site and the services functioning in it, including the Catalog and other databases.

14.10. The Seller is not obliged to submit primary accounting documents on paper to the Buyers. The Seller is also not obliged to confirm the fact that the Buyers have acquired rights under the terms of a non-exclusive license by creating special supporting documents on paper and providing them to the Buyers, in addition to the terms of the License Agreement published on the website in electronic form and the conditions contained therein for acquiring such rights by the Buyers.

14.11 Primary accounting documents in electronic form are documents created by payment systems.

14.12. The terms of the Agreement may be changed by the Seller unilaterally without personal notice. The Buyer must check the terms of the Agreement for changes without personal notification of such changes by the Seller. Continued use of the site after making changes to these Rules means acceptance and consent (acceptance) by the Buyer of such changes, recognition of the fact of his notice of such changes as a public offer (publication of the Rules as amended).

 

15. REPRESENTATIONS AND CONFIRMATIONS

9.1. By making an acceptance, the Buyer confirms that:

- is a capable citizen or an authorized representative of a legal entity;

- familiarized with the current version of the offer and agrees to its terms;

assumes the obligation to pay remuneration in accordance with the terms of the offer;

- provided reliable information during registration;

got acquainted with the User Agreement and the Privacy Policy and the use of personal data;

- gives consent to the processing of the transferred personal data;

- agrees to receive promotional and informational messages in the form of email newsletters and SMS messages to the email address and phone number provided during registration.

9.2. Buyer acknowledges that it has read this Agreement and the License Agreement, understood them, and had the opportunity to obtain independent legal advice before agreeing to their terms in response to the Seller's agreement to provide the Products. The Buyer fully and unconditionally confirms his consent to assume obligations under the terms of this Agreement. Buyer further agrees that this Agreement is the complete and complete Agreement between Buyer and Seller.

 

SELLER'S DETAILS

IE Samoilova Ekaterina Mikhailovna

TIN 770970346640,

OGRNIP 313774614900663,

OJSC "Sberbank of Russia,

C/A 30101810400000000225,

BIC 044525225

mail to - hello@picbykate.com