1. GENERAL PROVISIONS
1.1 This User Agreement (hereinafter - the Agreement) applies to the website of the Internet resource "photorama.tv", located at www.photorama.tv, and to all relevant websites, related to the website www.photorama.tv
1.2 The site of the Internet resource "photorama.tv" (hereinafter - the Site) is the property of EP Konovalov V.I.
1.3 This Agreement regulates the relations between the Administration of the site "photorama.tv" (hereinafter - the Administration of the site) and the User of the Site.
1.4 The Administration reserves the right to change, add or delete paragraphs of this Agreement at any time without notice to the User.
1.5. Continued use of the Site by User means acceptance of the Agreement and the amendments to this Agreement.
1.6. User is personally responsible for checking this Agreement for any changes in it.
2. DEFINITIONS OF TERMS
2.1 The terms listed below have the following meaning for the purposes of this Agreement
2.1.1 "photorama.tv" means an Internet resource located at the domain name www.photorama.tv, which operates through an Internet resource and related services.
2.1.2 "Internet resource" means a site containing information about photographic and video works, the Seller, which allows you to select, order and (or) purchase photographic and video works.
2.1.3 Website Administration - authorized employees to manage the Site, acting on behalf of EP Konovalov V.I.
2.1.4 Website User (hereinafter referred to as "User") - a person having access to the Site via the Internet and using the Site.
2.1.5 Website Content (hereinafter referred to as Content) - protected results of intellectual activity, including texts of literary works, their titles, prefaces, abstracts, articles, illustrations, covers, musical works with or without text, graphic, text, photographic, derivative, composite and other works, user interfaces, visual interfaces, trademark names, logos, computer programs, databases, as well as design, structure, choice, coordination, appearance, general style, and so on.
3. SUBJECT MATTER OF THE AGREEMENT
3.1. The subject of this Agreement is to provide the User of the Internet resource with access to the photo and video works contained on the Website and to the services provided.
3.1.1. The Internet resource provides the User with the following types of services:
3.1.2. This Agreement covers all of the currently available (actually functioning) services of the Internet resource, as well as any further modifications and additional services, which may appear in the future.
3.2. Access to the Internet resource is provided on a free basis, except for the pages of authors of photo-video works, which offer their users a paid subscription.
3.3. This Agreement is a public offer. By accessing the Site, the User is deemed to have acceded to this Agreement.
3.4. The use of the materials and services of the Site is governed by the norms of the current legislation of the Russian Federation.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Website Administration has the right:
4.1.1. Change the rules for the use of the Site, as well as change the content of this Site. The changes shall come into force upon the publication of the new edition of the Agreement on the Website.
4.1.2. Restrict access to the Site in case of violation of the terms of this Agreement by the User.
4.1.3. Change the fee charged for providing access to use pages of the Internet resource on which the authors have indicated a paid subscription. Changes in fees also apply to Users who are registered at the time of changing the amount of fees, except in cases specially stipulated by the Administration of the website of the Internet resource.
4.1.4. Collect, analyze, use, share (including on a paid basis) the information about the User, contained on the Site, including, but not limited to, information about the contact and personal data of the User, information about User's actions on the Site, etc.
4.2. The User has the right:
4.2.1. Gain access to use the Site.
4.2.2. Use all the services available on the Site, and purchase any Goods offered on the Site.
4.2.3. Ask any questions regarding the services of the Internet resource at the details, which are in the "User Agreement" section of the Site.
4.2.4. Use the Site only for the purposes and in the manner, stipulated by the Agreement, and not prohibited by the legislation of the Russian Federation.
4.3. The Website User undertakes:
4.3.1 Provide, upon request of the Site Administration, additional information, which is directly related to the services provided by this Site.
4.3.2. Comply with the property and non-property rights of the authors and other right holders while using the Site.
4.3.3. refrain from any actions that might be considered as disturbing the normal operation of the Website.
4.3.4. Not to use the Website to distribute any confidential information about individuals or legal entities, protected by the laws of the Russian Federation.
4.3.5 Avoid any actions which might result in violation of the confidentiality of information protected by the laws of the Russian Federation.
4.3.6. not to use the Site for distribution of advertising information, otherwise with the consent of the Site's Administration.
4.3.7. not to use the Site's services for the purpose of:
4.3.7.1. load content that is illegal, violates any rights of third parties; advocates violence, cruelty, hatred and/or discrimination based on race, nationality, gender, religion, social characteristics; contains false information and (or) insults against specific individuals, organizations or authorities.
4.3.7.2. incitement to commit illegal actions and assistance to persons whose actions are aimed at violating restrictions and prohibitions which are in force in the Russian Federation.
4.3.7.3. violation of the rights of minors and (or) causing any form of harm to them.
4.3.7.4. infringements of the rights of minorities.
4.3.7.5. representing oneself as another person or representative of an organization and/or community without sufficient rights, including employees of this Internet resource.
4.3.7.6. misrepresenting the properties and characteristics of any Goods from the catalog of the Internet resource posted on the Website.
4.3.7.7. inappropriate comparison of Goods, as well as forming a negative attitude towards persons who (do not) use certain Goods or judging such persons.
4.4. The User is forbidden:
4.4.1 Use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or monitor the content of the Website of this Internet resource;
4.4.2. Disrupt the proper functioning of the Site;
4.4.3 By any means circumvent the navigational structure of the Site to obtain or attempt to obtain any information, documents or materials through any means not specifically provided by the services of this Site;
4.4.4. Unauthorized access to features of the Site, any other systems or networks related to this Site, and any services offered on the Site;
4.4.5 Violate the security or authentication system on the Site or any network related to the Site.
4.4.6 Perform reverse searches, trace or attempt to trace any information about any other User of the Site.
4.4.7. Use the Website and its Content for any purposes prohibited by the legislation of the Russian Federation, as well as incite any illegal activity or other activity, which violates the rights of the Internet resource or other persons.
5. USE OF THE SITE ONLINE RESOURCE
5.1 The Site and the Content, which is a part of the Site, belongs to and is managed by the Site Administration.
5.2. The Content of the Site can not be copied, published, reproduced, transmitted or distributed in any way, as well as posted on the global "Internet" without the prior written consent of the Administration of the Site.
5.3. The content of the Site is protected by copyright, trademark law, as well as other rights related to intellectual property, and legislation on unfair competition.
5.4 When using some of the Site's services, it may be necessary to create a User's account.
5.5 The User is personally responsible for maintaining the confidentiality of the account information, including the password, as well as for all activity conducted on behalf of the Account User without exception.
5.6 The User shall immediately notify the Administration of any unauthorized use of his/her account or password, or any other breach of security.
5.7 The Administration has the right to unilaterally cancel the User's account if it has not been used for over two (2) calendar months in a row without notice to the User.
5.8 This Agreement applies to all additional provisions and conditions on the purchase of Goods and provision of services provided on the Website.
5.9 The information posted on the Website shall not be interpreted as an amendment to this Agreement.
5.10. The Website Administration has the right to change the list of Goods and services offered on the Website, and (or) the prices applicable to such Goods for their sale and (or) the services provided by the Internet resource, at any time without notice to the User.
5.11. The documents specified in paragraphs 5.11.1 - 5.11.4 of this Agreement regulate in their respective part and extend their action to the use of the Site by the User. The following documents are included in this Agreement:
5.11.1. Privacy Policy;
5.11.2. Agreement on the purchase and sale of goods by remote method;
5.11.3. Application for order placement;
5.11.4. Suggestions and comments.
5.12. Any of the documents listed in clause 5.11. hereof may be subject to update. Changes come into force from the moment of their publication on the Site.
6. LIABILITY
6.1 Any losses that the User may incur in case of intentional or negligent violation of any provision of this Agreement, as well as due to unauthorized access to the communications of another User, are not covered by the Site Administration.
6.2 The Site Administration is not responsible for:
6.2.1. Delays or failures in the process of performance of an operation resulting from force majeure, as well as any case of failure in telecommunications, computer, electrical and other related systems.
6.2.2 Actions of transfer systems, banks, payment systems and for delays connected with their work.
6.2.3. The proper functioning of the Site, in the event that the User does not have the necessary technical means for its use, as well as does not bear any obligations to provide users with such means.
6.2.4 The content of the information posted on the Website.
6.3 The User is solely responsible for the interpretation and use of the content (information) posted on the Website.
7. VIOLATION OF TERMS OF USER AGREEMENT
7.1 The Website Administration has the right to disclose any information, collected about the User of this site, if the disclosure is necessary in connection with the investigation or complaint of misuse of the Site, or to identify the User, which may violate or interfere with the rights of the Administration or other Users of the Site.
7.2. Administration has the right to disclose any information about Users, which it considers necessary for implementation of the provisions of the current legislation or court decisions, ensuring the terms of this Agreement, the protection of the rights or the safety of the organization, Users.
7.3. The Website Administration has the right to disclose information about the User, if the current legislation of the Russian Federation requires or allows such disclosure.
7.4. The Administration has the right to terminate and (or) block access to the Site without notice to the User, if the User has violated this Agreement or the terms of use contained in other documents, as well as in the event of termination of the Site or due to a technical failure or problem.
7.5. The Website Administration shall not be responsible before the User or any third party for termination of access to the Website if the User violates any provision of this Agreement or any other document containing the terms of use of the Website.
8. DISPUTE RESOLUTION
8.1. In case of any arguments or disputes between the Parties to this Agreement the mandatory condition precedent to recourse to court is the filing of a claim (written offer to voluntarily resolve the dispute).
8.2 Within ten (10) calendar days from the date of receipt of the claim, the recipient of the claim shall notify the claimant in writing of the results of its consideration.
8.3 If it is impossible to resolve the dispute voluntarily, either Party may apply to court for protection of its rights, which are provided to them by the current legislation of the Russian Federation.
8.4 Any claim in relation to the terms of use of the Website must be brought within the period after the grounds for the claim arise, except for protection of copyright in legally protected materials on the Website. If the terms of this paragraph are violated, any claim or cause of action shall be barred by the statute of limitations.
9. ADDITIONAL PROVISIONS
9.1 The Administration of the Website does not accept any counter-offers from the User regarding any changes in the Terms of Use.
9.2 The User's comments posted on the Site are not confidential information and may be used by the Administration without any restrictions.
Updated "23" June 2021.