Self-employed Morgulis Irina Alexandrovna, hereinafter referred to as the “Seller”, on the one hand, and the Internet user, hereinafter referred to as the “Buyer” or “User”, on the other hand, jointly referred to as the “Parties”, have concluded this agreement (hereinafter referred to as the “Agreement “).
The agreement, in accordance with Article 435 and paragraph 2 of Article 437 of the Civil Code of the Russian Federation, is a public offer (proposal) to an unlimited number of persons, Internet users.
In accordance with Article 438 of the Civil Code of the Russian Federation, the full and unconditional acceptance (acceptance) of the Agreement is the confirmation by the Buyer of his consent to the terms of the Agreement or the making of an advance payment or at the beginning of the use by the Buyer of any Work and / or use by the Buyer of any services of the Seller under the terms of the Agreement. The performance of any of these actions also means that the Buyer accepts the conditions for processing personal data in accordance with clause 10 of the Agreement.
1. Terms used in the Agreement
1.1. Buyer (User) – an Internet user who has accepted the terms of the Agreement and/or registered on the Seller’s Website and/or made an advance payment for downloading the Works and/or downloaded the Work and/or started using any of the Seller’s services.
1.2. Works (Content) – musical arrangements of various works, presented in electronic form on the Internet in various formats, posted on the Seller’s Website, available to Users through the Seller’s Website.
1.3. Catalog – a collection of Works.
1.4. The Seller’s website (Site) is an information resource on the Internet owned by the Seller and administered by the Seller, located on the irenmorgulis domain and its subdomains in the .ru / .com domain zones.
1.5. Downloading – recording (copying) by the Buyer of the Works to his computer, smartphone or other device.
1.6. Billing is a payment accounting system.
2. Subject of the Agreement
2.1. The Seller provides the Buyer with the opportunity, under the terms of the Agreement, to use the Works presented in the Catalog for personal purposes.
3. Obligations of the parties
3.1. Rights and obligations of the Seller:
3.1.1. Provide the Buyer with the Works for downloading and / or other use in accordance with the Agreement no later than 24 hours from the moment the Billing confirms the payment made and / or identifies the Buyer as the payer of the payment made and / or the person entitled to receive the Work.
3.1.2. Do not disclose to third parties the name, phone number, e-mail address of the Buyer, as well as other information received from the Buyer when placing an order.
3.1.3. The Seller has the right to make changes and / or additions to the Agreement and / or Annexes to the Agreement from time to time. Such changes and / or additions come into force and become binding on the Parties from the moment they are posted on the Seller’s Website.
3.2. Rights and obligations of the Buyer:
3.2.1. Place an order for any Works posted on the site in the public domain.
3.2.2. Make payment in accordance with clause 4 of the Agreement.
3.2.3. Receive the selected Works subject to payment for these Works by the Buyer and/or payment for these Works by another User in favor of this Buyer and/or on other terms proposed by the Seller.
3.2.4. Use the Works provided by the Seller in accordance with the Agreement for personal purposes at your own discretion. The Buyer has the right to place copies of the Works on any personal device that belongs to him. The Buyer also has the right to convert the downloaded files of the Works into any formats convenient for him, if such conversion is required.
3.2.5. Delete the account on the Site and in the Applications of the Seller and related personal data without undue delay. To exercise this right, you must apply with a corresponding request by e-mail info@irenmorgulis.com or other contacts specified in the Offer.
3.2.6. The buyer is prohibited from:
– transfer or distribute the Works to third parties, either in full or in part;
– reproduce the Works, that is, make copies of the Works or their parts in any material form, if this reproduction has the purpose of further distribution;
– bring the Works to the public using the Internet and other digital networks, including posting the Works on any websites, mobile applications and other resources;
– use the Works in any other way, except for those specified in clause 3.2.4. of the Agreement;
– carry out any other actions in relation to the use of the Works that violate the legislation on the protection of intellectual property;
– carry out (attempt to carry out) any actions (as well as allow inaction) aimed at penetration, interference, etc. into the system of the Site, and / or the software of the Seller, or anything else that contributes to or allows any failures, malfunctions, etc., or otherwise interferes with the normal the functioning of the Site, or in any other way causing (could cause) harm to the Seller and / or third parties;
Failure to comply with the requirements of clause 3.2.6. of the Agreement is a violation of the law (including the relevant norms on the protection of intellectual rights, on the protection of computer information, etc.) and entails legal liability (civil, administrative, criminal) in accordance with the law!
3.2.7. For any questions that arise, the Buyer has the right to contact the Seller’s Support Service at the email address: info@irenmorgulis.com
4. Terms of payment
4.1. The buyer makes an advance payment in rubles through Billing.
4.2. The Seller has the right to unilaterally change the current prices by posting relevant information on the Seller’s Websites. Any change in prices does not apply to already paid Works.
4.3. Prices for Works on the Site may differ depending on the country of location of the buyer and the selected currency.
5. Responsibility of the parties. Limitation of Seller’s Liability
5.1. The Buyer assumes full responsibility and risks associated with the use of the Catalog.
5.2. The Buyer is fully responsible for the use by third parties of the information transmitted by the Seller to the e-mail address specified by the Buyer when placing an order.
5.3. The Buyer is fully responsible for any violations of the law (including, but not limited to, those specified in clause 3.2.6.).
5.4. The Seller is not responsible for any expenses of the Buyer or direct or indirect damage that may be caused to the Buyer as a result of the use of the Catalog.
5.5. The Seller is not responsible for the quality of access to the Catalog via the Internet.
5.6. The Seller shall not be liable for direct or indirect damages incurred by the Buyer as a result of data transmission errors, failures/defects in the operation of software and/or hardware, data loss and damage, data processing or display errors, data transmission delays and other failures that occurred through no fault of the seller.
5.7. The Seller’s Site and all related services are provided on an “as is” basis, without any express or implied warranties that the specified Site and / or services may or may not be suitable for specific purposes of use.
5.8. The Seller is not responsible for the inability to use the Site and / or related services by the User for any reason, including, but not limited to: errors, omissions, interruptions, deletion, defects, delay in processing or transmission of data, disruption of communication lines, equipment malfunction , any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failure to fulfill obligations of providers of certain services, etc.
5.11. Under no circumstances shall the Seller be liable for any expenses of the User or direct or indirect damage, including lost profits or lost data, damage to honor, dignity or business reputation that may be caused to the User as a result of using the Site, Mobile applications and / or related services.
5.12. The Seller shall not be liable to the Buyer if the Buyer, for one reason or another, did not like the content, design, etc. of the Work of good quality acquired by him, that is, if the Buyer has no technical difficulties when downloading or viewing the Work due to the fault of the Seller.
5.12. The Seller is not responsible if the Buyer, who paid for and received access to the Work, did not use the access within the period specified in the order.
6. Duration of the Agreement
6.1. The Agreement comes into force from the moment of its acceptance by the Buyer and is valid until the Parties fully fulfill their obligations.
7. Force majeure circumstances
7.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if such failure was a direct result of force majeure circumstances (force majeure) that arose after the conclusion of the Agreement, as a result of extraordinary events, namely: fire, flood, hurricane and earthquake or the imposition by state authorities of restrictions on the activities of any of the Parties and other similar circumstances, if these circumstances the Parties could neither foresee nor prevent by reasonable measures.
8. Other terms
8.1. In the event that any provision or any part of the provision of the Agreement is declared invalid or unenforceable, the remaining provisions and parts of the provisions of the Agreement remain in full force and effect.
8.2. All Annexes to this Agreement are its integral part.
8.3. In all other respects, the Parties agreed to be guided by the current legislation of the Russian Federation.
9. Dispute Resolution
9.1. disputes and disagreements that may arise under this Agreement, are resolved by observing the pre-trial (claim) procedure. The term for the Seller to consider the claim is 7 (seven) calendar days from the date of its receipt from the Buyer.
9.2. If the Parties do not come to an agreement, these disputes and disagreements are resolved in court in accordance with the current legislation of the Russian Federation.
10. Notice of personal data processing
10.1. Processed data of the Buyer: last name, first name, patronymic; email addresses; contact phone numbers; information about preferences when choosing Works; information about the number of purchased Works; user data (location information; which pages the User opens and which buttons the User clicks; IP address; SID); information about incoming payments.
10.2. During the processing of personal data, the following actions will be performed: collection; record; systematization; accumulation; storage; clarification (update, change); extraction; usage; transfer (provision, access); blocking; removal; destruction.
10.3. The Seller may use the Buyer’s personal data to identify him, to register and / or authorize, to clarify payment data, to provide personalized services, to provide feedback to the Buyer, to process applications and requests, to perform depersonalized statistical calculations, to improve the quality of services provided to the Buyer.
10.4. Personal data may be transferred for processing to strategic partners who work with the Seller to provide products and services, or to those who help the Seller sell products and services to consumers, but only to the minimum amount of personal data necessary only to provide the required service or conduct required transaction.
10.5. The Buyer’s personal data is processed during the term of this Agreement.