Offer

Offer agreement

02 June, 2023

THE OFFER AGREEMENT to acquire the right to use Virtual Products/Projects and positioning of copyrighted Products/Projects on the site <a href="https://artoz.ru">https://artoz.ru</a>, TERMS Virtual Product/Project is — an electronic product in the form of text, file, program, game, model, image, application, product or other object existing within electronic media (computer, laptop, smartphone, etc.). Product Author/Project is — a citizen of any state who provides his author's information (paid or free) on the site <a href="/">https://artoz.ru</a>.Entrepreneur is — the owner or co-owner (state business representative of the Russian Federation) of the site <a href="/">https://artoz.ru</a> which provides a number of services for the legitimate functioning and development of the site.Acquirer is — any registered user of the site (a citizen of any state) who purchases an author's Product/Project for money on site <a href="/">https://artoz.ru</a>. The Entrepreneur, hereinafter referred to as the Seller, hereby, by way of a public offer, offers to conclude an agreement on the following terms regarding the purchase of Virtual Products/Projects with any person (hereinafter referred to as the Acquirer) — an Internet user and a Site visitor <a href="/">https://artoz.ru</a> who have expressed their intention to accept the terms of this Agreement. The Seller and the Acquirer are jointly referred to as the Parties. This Agreement applies to any paid Virtual Products/Projects presented on the Website and available to the Buyer. 1. SUBJECT1.1. The Seller grants the Buyer the right to use Virtual Products/Projects in the form of downloading to the Buyer's electronic device (computer, laptop, smartphone, etc.).1.2. This Agreement may be accepted by paying a fee for the right to use the selected Virtual Product/Project is based on the Order placed on the seller's website. The payment confirms the Acquirer's familiarization with this Agreement, agreement with its terms and the fact of acceptance. The contract accepted by the Acquirer does not require subsequent registration in printed form, has legal force and is considered concluded by the Parties in simple written form.1.3. This Agreement applies to any Virtual Products/Projects, the possibility of acquiring rights to use which is presented on the Site at the time of acceptance.1.4. The Agreement is valid until the Parties fully fulfill their obligations. 2. RIGHTS2.1. After the Acquirer fills out the order form (by filling in the fields and clicking the «Buy» button) and paying for the order, in the Buyer's personal account, in the «Purchases» section (or on any other page of the site under his account), the Acquirer has full access to view and download the private part of the project content.2.2. Virtual Product/Project can be saved by the Acquirer as a file (files) to the Acquirer's electronic device. 2.3. The Seller, before publishing any copyrighted Product/Project on site <a href="/">https://artoz.ru</a>, undertakes to check its contents (as far as possible, within the framework of existing electronic technologies) for viruses, dangerous links and other prohibited by the legislation of the Russian Federation and the platform <a href="/">https://artoz.ru</a> content.2.4. Opening (launching) internal files/links of the author's Virtual Product/Project downloaded to the electronic device of the Acquirer is possible through programs (systems) that support the format of the downloaded file (files) Product/Project. At the same time, the Seller is not responsible for the operability of any copyrighted internal content on the Buyer's electronic device.2.5. The right to use the Virtual Product/Project purchased by the Acquirer is provided for any period, regardless of the further actions of the Author of the project, but on condition that the Acquirer fulfills all the terms of this Agreement,2.6. After the purchase of the Product/Project by the Acquirer, the Acquirer has the right to ask questions on the subject of the Product/Project, as well as to make (within the framework of common sense and mutual respect) claims to the Author and the site Administration.2.7. The Acquirer undertakes to use the Virtual Product/Project is only in accordance with this Agreement, i.e. strictly for personal use. The Acquirer does not have the right, without personal written consent and notification of all parties to the Agreement, to distribute copies of the purchased Product/Project (partially or completely) to third parties.The Acquirer is prohibited from actions with the Virtual Product/Project that goes beyond the scope of this Agreement, namely:— copying,— transfer in whole or in part to third parties, including gratuitous and/or paid transfer,— public placement, reproduction in whole or in part in material and/or immaterial form (i.e. production of additional copies for the purpose of further transfer (distribution) to third parties),— making available to the public and/or distributing (including using the Internet and/or other digital networks by posting on websites, mobile applications and other resources, including joint acquisition resources),— editing, modification and/or any other processing,— any other use, except for the method specified in this paragraph, as well as any other actions that violate the legislation of the Russian Federation in the field of intellectual property rights.2.8. To the Seller (the owner of the site <a href="/">https://artoz.ru</a>) as an Acquirer is prohibited from all actions specified in clause 2.7 with Virtual Products/Projects of the authors, except for the right to temporary checks (by any means) of the entire volume of uploaded content by the authors at the time of statements and publications.2.9. On the site's server <a href="/">https://artoz.ru</a> only the design representation of the author's Projects/Products (text, images, video, sound, search engine widgets, and the like) is stored. Third-party sources (resources) located inside the author's Projects/Products (any types of files) and owned by the author on the site's server <a href="/">https://artoz.ru</a> they are not stored in any form (the author only indicates links to them based on file sharing domains or other virtual storages). Therefore, the author himself is obliged to monitor the relevance and operability of links to his external resources within his Projects/Products. Site Administration <a href="/">https://artoz.ru</a> and users of the site can only point out to the author broken (non-working) links in his projects (if such links are not corrected within two weeks after their discovery, the site administration has the right to suspend the activity of the author's Product/Project). &nbsp;3. PAYMENT3.1. The Acquirer is obliged to pay the Seller the cost of the Virtual Product/Project specified in the description in the form available for ordering on the Website.3.2. The Cost Of The Virtual Product/Project is not subject to VAT due to the fact that the Seller applies a simplified taxation system, based on paragraph 2 of Article 346.11 of Chapter 26.2 of the Tax Code of the Russian Federation and is not a VAT payer.3.3. After receiving payment from the Acquirer the Seller, through the website systems, automatically gives the Buyer access to the private part of the Product/Project in your personal account or on the corresponding pages of the site.3.4. Paid for the Virtual Product/Project funds are not subject to return to the Acquirer except in the following cases: — When Is The Virtual Product/Project cannot be used by the Buyer for reasons that the Seller and the Author are responsible for (for example, the Product/Project has any significant software and informative defects that were revealed during operation); — If the Acquirer has not violated clauses 2.7 and 4.2 of this offer agreement. — If The Author Of The Product/Project will agree with the indisputable and objective claims against it from the Acquirer. The procedure for returning goods is regulated by Article 26.1 of the Federal Law «On Consumer Protection». Decree of the Government of the Russian Federation No. 612 «On approval of the Rules for remote sale» states that the buyer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods — within seven days. If the Consumer refuses to purchase a virtual Product/Project site <a href="/">https://artoz.ru</a> It must refund the amount of money paid to him, minus the services of the payment system, cash register service, banking services and state income tax (≈ 13% of the amount paid) no later than ten days from the date of the consumer's submission of the relevant claim. Each case of refund to the buyer is considered by the administration separately by e-mail specified in <a href="/Customer/Home/Contact">Contacts</a>. In any case, all parties of the Agreement will try to resolve issues peacefully and in a pre-trial manner, In other, unsolvable disputes, the Acquirer has the right to postpone the proceedings to court, according to the legislation of the Russian Federation.3.5. The Seller (site owner <a href="/">https://artoz.ru</a>) has the right to access the Virtual Products/Products sold on its site only if he acquires it himself as a third-party Acquirer by automatically signing this offer agreement.3.7. Entrepreneur (site owner <a href="/">https://artoz.ru</a>) undertakes to provide the Author of the Products/Projects a working system for withdrawing funds to the author's bank account (minus the percentages of the site and the banking service) received from the sale of his projects, in accordance with the current conditions of the site <a href="/">https://artoz.ru</a>. 3.8. The Author of the Products/Projects must take into account the minimum withdrawal amount specified in the <a href="/Customer/Sale">Sales</a> and terms of the shares of the <a href="/Customer/Home/Promo">Promo</a> platform.3.9. The Author agrees to the terms of withdrawal of funds from the sale of his Products/Projects listed in the section <a href="/Customer/Home/Payments">Prices and receiving money</a>. &nbsp;4. OTHER4.1. For non-fulfillment or improper fulfillment of obligations under the Agreement, the Parties are responsible in accordance with the current legislation of the Russian Federation.4.2. In case of violation by the Acquirer of the rules for using the Virtual Virtual Product/Project set in 2.7. of this Agreement, or violation by the Acquirer in any other way of the exclusive right to the Virtual Product/Project, without special written permission from the Seller and the Author — the Acquirer will be held liable in accordance with paragraph 3 of Article 1252 and Article 1301 of the Civil Code of the Russian Federation in the form of payment to the Seller and the Author of compensation in the amount of up to 1 (one) million rubles (depending on the value of the author's project). In addition to paying compensation, the Seller and the Author will resort to other methods of protecting exclusive rights provided for in Articles 1250, 1252, 1252 of the Civil Code of the Russian Federation, including the Seller and the Author terminate the right of the Acquirer to use the Virtual Product/Project, in particular by suspending the Acquirer's access to the Virtual Product/Project, the exclusive rights to which are violated by the Acquirer, as well as to other Virtual Products/Projects, the right to use which arose from the Acquirer earlier and (or) by prohibiting the acquisition in the future of the right to use any other Virtual Products/Projects in respect of which the Author is the copyright holder. At the same time, in case of termination of the right to use the Virtual Product/Project cost of the Project (including previously acquired ones) on the grounds specified in this paragraph, the cost of the funds paid by the Acquirer for the right to use the Virtual Product/Project is not subject to return, no sanctions, including losses or other compensation, are paid in favor of the Acquirer.4.3. Entrepreneur (site owner <a href="/">https://artoz.ru</a>) is not responsible for the leakage of copyrighted Products/Projects if the Author's account was hacked (or the Author himself transferred the login data to third parties) on the site <a href="/">https://artoz.ru</a>. The Entrepreneur is obliged to provide decent protection for the Author's account on the site <a href="/">https://artoz.ru</a> (including Two-Factor Authentication), but the Author himself is responsible for the security of the Author's email (linked to the site account). A complete list of types of copyright protection Products/Projects and accounts are presented on the <a href="/Customer/Home/Protection">Protection and security</a> page.4.4. In all other matters not provided for in this Agreement, the parties will be guided by the current legislation of the Russian Federation and this Agreement.