1. GENERAL PROVISIONS
1.1. This User Agreement (hereinafter referred to as the Agreement) applies to the "rammka.ru" website located at https://rammka.ru.
1.2. The "rammka.ru" website located at http://rammka.ru (hereinafter referred to as the Website) is the property of Individual Entrepreneur (IP) I.M. Naumov.
1.3. This Agreement regulates the relations between the Administration of the "rammka.ru" Website (hereinafter referred to as the Website Administration) and the User of this Website.
1.4. The Website Administration reserves the right to change, add or delete any of the provisions of this Agreement at any time without notifying the User thereof.
1.5. The use of the Website by the User means their acceptance of the Agreement and the changes made to this Agreement.
1.6. The User is personally responsible for reviewing this Agreement for any possible changes made to it.
2. TERMS AND DEFINITIONS
2.1. The terms listed below have the following meanings for the purposes of this Agreement:
2.1.1 "rammka.ru" – Inernet resource located at the http://rammka.ru domain name and operating via an Internet resource and related services (hereinafter referred to as the Website).
2.1.2. "rammka.ru" – website containing information about the Products and/or Services and/or Other products that are of value to the user, the Seller and/or the Service Provider, making it possible to select, order and/or purchase the Products and/or receive services.
2.1.3. Website Administration – employees authorized to manage the Website who are acting on behalf of the RAMMKA LLC / OOO "RAMMKA" legal entity.
2.1.4. Website User (hereinafter referred to as the User) – person who has access to the Website via the Internet and uses the Website.
2.1.5. Website Content (hereinafter referred to as the Content) – protected results of intellectual activity, including texts of literary works, their titles, prefaces, annotations, articles, illustrations, covers, musical works with or without text, graphic images, texts, photographic, derivative, composite and other works, user interfaces, visual interfaces, trademark names, logos, computer programs, databases, as well as the design, structure, selection, coordination, appearance, general style and location of this Content that is part of the Website, as well as other items of intellectual property, jointly and/or separately, that are contained on the https://rammka.ru website.
2.1.6. User statuses:
- Unregistered user - user who has not passed the registration procedure on the "rammka.ru" website (is able to view the gallery of paintings, to view the paintings, to view user profiles and read additional text pages of the website);
- Registered user - Website User who has passed the registration procedure on the "rammka.ru" website (able to view every page of the website available to those with the "user" status, to upload an image, to view all the paintings that are (available) on the website, to add paintings to own collection of favorites in the personal account, to buy a digital copy of a painting, to buy the original painting (if it is on sale), to create folders in the personal account, to add information about themselves, to share paintings in other social networks, to "like" and "dislike" paintings, to sell paintings via the "rammka.ru" website).
2.1.7. Painting - work of art that is of complete nature and independent artistic significance.
126.96.36.199. Digital copy of a painting - reproduction of a painting on an electronic medium with the ability to display the image on the screen using a computer or other electronic device.
3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is to provide the User with access to the Products contained on the Website and/or the services provided.
3.1.1. The Website provides the User with the following types of services:
- access to the Website search and navigation tools;
- access to the information about the Products and/or Services, and to the information about obtaining the Products on a paid/free basis;
- ability to upload own content (photos, videos, audio, books, texts).
3.1.2. This Agreement applies to all currently existing (actually functioning) services of the Website, as well as any of their subsequent modifications and additional services that will appear in the future.
3.2. Access to the website is provided free of charge.
3.3. This Agreement is a public offer. By accessing the Website, the User is considered to have joined this Agreement.
3.4. The use of the Website’s materials and services is governed by the current legislation of the Russian Federation.
3.5. The Website is a platform where Users may upload their paintings to the Website for the purpose of selling paintings and/or digital copies of paintings, and the Website administration receives an Agent’s Commission for the assistance in finding buyers and sellers of paintings and/or digital copies of paintings. The provisions of this Agreement are governed by Chapter 52 of the Civil Code of the Russian Federation.
3.6. The amount of the Agent’s Commission:
- When an original painting is sold, the Agent’s Commission amounts to 30% of the cost of the painting. Due to the fact that the Website uses a secure transaction system, the Website Administration shall withhold a bank fee that amounts to 3.5% of the cost of the painting (see more information about a secure transaction here - https://kassa.yandex.ru/secure-deal). The funds are credited to the bank account, provided that the buyer confirms the receipt of the painting.
- When selling a digital copy of a painting, the Agent’s Commission amounts to 50% of its cost. The funds are credited to the payment account in the Registered User’s personal account section. The minimum withdrawal amount is 3,500 rubles.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Website Administration has the right to:
4.1.2. Delete User accounts.
4.1.3. Refuse registration without providing a reason.
4.1.4. Refuse to add a painting if its content contradicts to the provisions of these rules.
4.1.5. The moderation of uploaded paintings is carried out within 24 hours from the moment of uploading. Paintings will appear on the Website after the moderation. Please visit the Website to read the download rules and requirements towards paintings.
You can also ask the Moderator your questions by using a special form in your account or by writing a message to email@example.com
In exceptional cases, the Moderator reserves the right to refuse to post paintings without explaining the reasons to their Author or Owner.
4.2. The User has the right to:
4.2.1. Use all the services available on the Website, as well as purchase any Products and/or Services offered on the Website.
4.2.2. Ask any questions related to the services offered via the Website:
- by phone: +7(908)994-76-12
- by email: firstname.lastname@example.org
4.2.3. Use the Website exclusively for the purposes and in the manner provided for in the Agreement and not prohibited by the legislation of the Russian Federation.
4.2.4. Copying any information from the Website is allowed only with the indication of the source and upon the consent of the Website Administration.
4.2.5. Demand that the Administration hides any particular information about the User.
4.2.6. Use the Website’s information for personal non-commercial purposes.
4.2.7. Get access to use the Website upon meeting the registration requirements.
4.3. The Website User shall assume an obligation to:
4.3.1. Provide additional information (that is directly related to the services provided by this Website) at the request of the Website Administration.
4.3.2. Observe the property and non-property rights of authors and other copyright holders when using the Website.
4.3.3. Take no actions that may be considered as violating normal and stable operation of the Website.
4.3.4. Abstain from using the Website to distribute any information about individuals or legal entities that is confidential or protected by the legislation of the Russian Federation .
4.3.5. Avoid any actions that might violate the confidentiality of information protected by the legislation of the Russian Federation.
4.3.6. Abstain from using the Website to distribute advertising information, except upon the consent of the Website Administration.
4.3.7. Abstain from using the services for the purpose of:
188.8.131.52. violating the rights of minors and (or) causing them harm in any form.
184.108.40.206. infringing minorities’ rights.
220.127.116.11. presenting themselves as another person or representative of an organization and/or community, including the employees of this Website, without sufficient rights to do so.
18.104.22.168. misleading about the properties and characteristics of any Products or Services posted on the Website.
22.214.171.124. making inappropriate comparisons of Products and/or Services, as well as forming a negative attitude towards persons who (do not) use certain Products and/or services, or condemning such persons.
126.96.36.199. downloading content that is illegal or violating any rights of third parties; that promotes violence, cruelty, hatred and (or) discrimination on racial, national, sexual, religious or social grounds; that contains false information about and (or) insults towards specific individuals, organizations, and authorities.
188.8.131.52. inducing to commit illegal actions, as well as assisting persons whose actions are aimed at violating restrictions and prohibitions in force on the territory of the Russian Federation.
4.3.8. Ensure the accuracy of the information provided.
4.3.9. Ensure the security of personal data from access by third parties.
4.3.10. Update the Personal data provided during the registration, if they change.
4.3.11. Provide reliable information about the author of the painting, its quality and description.
4.4. The User is not allowed to:
4.4.1. Use any devices, programs, procedures, algorithms and methods, automatic devices, or equivalent manual processes to access, acquire, copy, or track the content of the Website.
4.4.2. Violate the proper functioning of the Website.
4.4.3. Circumvent the navigation structure of the Website in any way to obtain or attempt to obtain any information, documents or materials by any means that are not specifically provided by the services of this Website.
4.4.4. Perform unauthorized access to Website features, any other systems or networks related to this Website, or any services offered on the Website.
4.4.5. Violate the security or authentication system on the Website or in any network related to the Website.
4.4.6. Perform backward search, trace or attempt to trace any information on any other User of the Website.
4.4.7. Use the Website and its Content for any purpose prohibited by the laws of the Russian Federation, as well as incite any illegal activity or other activity that violates the rights of the Website or other persons.
5. USE OF THE WEBSITE
5.1. The Website and its Contents that form the integral part of the Website are owned and managed by the Website Administration.
5.2. The Content of the Website is protected by copyright, trademark law, as well as other rights related to intellectual property and unfair competition laws.
5.3. Purchasing a Product offered on the Website may require creating a User account.
5.4. The User is personally responsible for maintaining the confidentiality of the account information, including the password, as well as for any and all activities conducted on behalf of the account User.
5.5. The User must immediately notify the Website Administration of unauthorized use of their account or password or any other security breach.
5.6. The Website Administration has the right to unilaterally cancel the User’s account without notifying the User, provided the Account has not been used for more than 36 consecutive calendar months.
5.7. This Agreement shall apply to all additional terms and conditions for the purchase of Products and/or services provided on the Website.
5.8. Information posted on the Website shall not be interpreted as a change to this Agreement.
5.9. The Website Administration has the right to make changes to the list of Products and services offered on the Website (and (or) their prices) at any time without notifying the User.
5.10. The document specified in clause 5.11 of this Agreement shall regulate, to a relevant degree, and apply to the use of the Website by the User:
5.12. Any of the documents listed in Clause 5.11. of this Agreement may be subject to update. Changes take effect from the moment they are published on the Website.
5.13. The Website Administration shall bear no responsibility for the actions (lack of action, improper performance of obligations) of users with regard to other users.
5.14. Downloading digital copies:
Any User may download a digital copy of a painting once the funds are debited off their personal account. The account balance can be topped up as follows:
- by purchasing the right to one-time download of a digital painting (170 rubles);
- by purchasing the right to download a bundle of digital paintings (1500 rubles for 10 digital paintings);
- by purchasing the right to download a bundle of digital paintings (3500 rubles for 25 digital paintings);
5.15. Selling the Paintings:
Any User may purchase a painting if it is available for sale. When making a purchase, the User shall provide information about the delivery address (postal code included), recipient’s full name and phone number.
The terms of purchase and payment are specified in Clause 3.6. of this Agreement.
Within 7 days, the Seller shall dispatch the painting by post or by a courier company and provide the following information via the Website: parcel tracking number, name of the courier company.
In case the deadline for dispatching the painting has not been met, the User has the right to cancel the transaction by withdrawing the funds in accordance with the secure transaction terms.
6.1. The Website Administration shall not reimburse any losses that the User may incur as a result of their intentional or negligent violation of any provision of this Agreement, as well as due to the unauthorized access to another User’s communications.
6.2. The Website Administration shall not be liable for:
6.2.1. Any delays or failures occuring in the process of completing transaction due to force majeure, as well as for any kind of failure in telecommunications, computer, electrical and other related systems.
6.2.2. Actions of money transfer systems, banks, payment systems, and for the delays related to their operation.
6.2.3. Proper functioning of the Website, if the User does not have the necessary technical means to use it; the Administration also shall take no obligation to provide users with such means.
7. VIOLATION OF THE TERMS OF THE USER AGREEMENT
7.1. The Website Administration has the right to disclose information about the User, provided the current legislation of the Russian Federation requires or permits such disclosure.
7.4. The Website Administration may disclose any information collected about the User of this Website, provided such disclosure is necessary in connection with an investigation or a complaint regarding the misuse of the Website, or with the aim to specify (identify) the User who might be violating or interfering with the rights of the Website Administration or the rights of other Website Users.
7.5. The Website Administration has the right to disclose any information about the User that it deems necessary to comply with the provisions of the current legislation or court decisions, to ensure compliance with the terms of this Agreement, to protect the rights or security of the organization and the Users.
8. DISPUTE RESOLUTION
8.1. In case of any disagreement or dispute arising between the parties to this Agreement, a claim (a written proposal for a voluntary settlement of the dispute) must be submitted before applying to the court.
8.2. The recipient of the claim notifies the claimant in writing of the results of their consideration of the claim within 30 calendar days from the date of its receipt.
8.3. If it is impossible to resolve the dispute on a voluntary basis, any of the Parties may apply to the court for protection of their rights that are granted to them by the current legislation of the Russian Federation.
9. ADDITIONAL TERMS AND CONDITIONS
9.1. The Website Administration shall not accept any counter offers from the User regarding the changes to this User Agreement.
9.2. User reviews posted on the Website are not considered confidential information and may be used by the Website Administration without any restrictions.
Updated on March 15, 2019