Revision of the agreement dated June 29, 2017

  1. Definitions
  2. Subject of Agreement
  3. Agree to the terms of the Agreement
  4. Rights and obligations of the parties
  5. Terms and Conditions
  6. Personal information and privacy policy
  7. Party Liability
  8. Dispute Resolution
  9. Final Provisions

Studio "Aspectiva" (Individual Entrepreneur Fomin A.V. TIN 745306855134 OGRNIP 314744723700063), hereinafter referred to as the “Operator”, addresses this agreement (hereinafter referred to as the “Agreement”) to any person (an indefinite circle of persons) who has expressed their readiness to conclude an agreement on the conditions set forth below (hereinafter referred to as the “User ").

This Agreement, in accordance with paragraph 2 of Art. 437 of the Civil Code of the Russian Federation, is a public offer, the acceptance of the terms (acceptance) of which is the performance of actions provided for by the Agreement.

1. Definitions

1.1. The terms of the Agreement govern the relationship between the Operator and the User and contain the following definitions:

1.1.1. Offer - this document (Agreement) posted on the Internet at: https://aspectiva.ru/user-agreement

1.1.2. Acceptance - full and unconditional acceptance of the offer by performing the actions specified in clause 3.1 of the Agreement.

1.1.3. The operator is Individual Entrepreneur Fomin A.V., who placed the offer.

1.1.4. User - a legal or capable individual who has entered into the Agreement by means of acceptance on the terms contained in the offer.

1.1.5. Internet site - a set of web pages hosted on a virtual server and forming a single structure, located on the Internet at: https://aspectiva.ru (hereinafter referred to as the "Site").

1.1.6. Content - information presented in text, graphic, audiovisual (video) formats on the Site, which is its content. The content of the Site is divided into the main content (which is created by the Operator for the operation of the Site, including the interface of the Site) and the user content, which is created by the User when using the Site.

1.1.7. A simple (non-exclusive) license is a non-exclusive right of the User to use the result of intellectual activity specified in clause 2.1 of the Agreement, while retaining the right of the Operator to issue licenses to other persons.

2. Subject of the Agreement

2.1. This Agreement defines the conditions and procedure for using the results of intellectual activity, including elements of the content of the Site, the responsibility of the parties and other features of the functioning of the Site and the relationship of the Site Users with the Operator, as well as with each other.

2.2. The Operator has exclusive rights to the Site specified in clause 2.1 of the Agreement.

3. Agree to the terms of the Agreement

3.1. Acceptance (acceptance of an offer) is the implementation by the User of any of the following actions:

  • accessing any web pages of the Site (visiting the Site);
  • viewing, reviewing or reading any content on the Site;
  • filling in and sending any feedback forms published on the Site, including the application form for calculating the cost of the project, as well as any other forms that require the input of the User's personal data;
  • printing, copying, photographing, creating screenshots of the Web pages of the Site, as well as any other use of the content of the Site.

3.2. By taking actions to accept the offer in the manner specified in clause 3.1 of the Agreement, the User guarantees that he is familiar with, agrees, fully and unconditionally accepts all the terms of the Agreement, undertakes to comply with them.

3.3. The User hereby confirms that acceptance (taking actions to accept an offer) is tantamount to signing and concluding an Agreement on the terms and conditions set forth in this Agreement.

3.4. The offer comes into force from the moment it is posted on the Internet and is valid until the offer is withdrawn.

3.5. This Agreement is posted in writing on the Site. If necessary, any person at his request may be given the opportunity to familiarize himself with the paper version of the Agreement at the location of the Operator.

3.6. The agreement can be adopted exclusively as a whole (clause 1, article 428 of the Civil Code of the Russian Federation). After the User accepts the terms of this Agreement, it acquires the force of an agreement concluded between the Operator and the User, while such an agreement is not executed in the form of a paper document signed by both parties.

3.7. The Operator reserves the right to make changes to this Agreement without any special notice, in connection with which the User undertakes to regularly monitor changes in the Agreement. The new version of the Agreement comes into force from the moment it is posted on this page, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always located on this page at the address specified in clause 1.1.1.

4. Rights and obligations of the parties

4.1. The operator undertakes:

4.1.1. Within 90 calendar days from the date of receipt of the relevant written notice from the User, on their own and at their own expense, eliminate the shortcomings of the Site identified by the User, if they are related to the presence on the Site of materials prohibited for distribution by the legislation of the Russian Federation.

4.1.2. Refrain from any actions that could hinder the User from exercising the right granted to him to use the Site within the limits established by the Agreement.

4.1.3. Provide information on working with the Site, the services provided by the Operator and / or goods sold by phone, e-mail, feedback forms, chats, social networks. All relevant contact information is located in the "Contact Information" section at: http://aspectiva.ru/contacts

4.1.4. Use all personal data and other confidential information about the User only for the provision of services in accordance with the Agreement, do not transfer to third parties the documentation and information about the User held by him.

4.1.5. Ensure the confidentiality of information entered by the User when using the Site through the User's personal account, except when such information is posted in the public sections of the Site (for example, the Forum).

4.1.6. Advise the User on all matters relating to the Site, services and / or goods sold by the Operator. The complexity of the issue, the volume and terms of consultation are determined in each case by the Operator independently.

4.2. The user undertakes:

4.2.1. Use the Site only within the limits of those rights and in the ways provided for in the Agreement.

4.2.2. Strictly adhere to and not violate the terms of the Agreement, as well as ensure the confidentiality of commercial and technical information obtained in cooperation with the Operator.

4.2.3. Refrain from copying in any form, as well as from changing, supplementing, distributing the content of the Site (or any part thereof), except as described in clause 5.2.3 of the Agreement, and also refrain from creating derivative objects based on the Site without prior written Operator permissions.

4.2.4. Do not use any devices or computer programs to interfere or attempt to interfere with the normal functioning of the Site.

4.2.5. Immediately inform the Operator of all facts of illegal use of the Site by third parties that have become known to him.

4.2.6. Use the Site without violating the property and / or personal non-property rights of third parties, as well as prohibitions and restrictions established by applicable law, including without limitation: copyright and related rights, trademark rights, service marks and appellations of origin, industrial rights samples, rights to use images of people.

4.2.7. Do not allow the posting or transmission of materials that are illegal, obscene, defamatory, threatening, pornographic, hostile, or contain harassment or signs of racial or ethnic discrimination, inciting to commit acts that may be considered a criminal offense or be a violation of any law, as well as and be considered inadmissible for other reasons, materials promoting the cult of violence and cruelty, materials containing obscene language.

4.2.8. Do not distribute advertising materials on the Site without obtaining the prior consent of the Operator or other Users to receive such materials (SPAM).

4.2.9. Perform other duties stipulated by the Agreement.

4.3. The operator has the right to:

4.3.1. Suspend or terminate the registration and access of the User to the Site if the Operator reasonably believes that the User is engaged in illegal activities.

4.3.2. Collect information about the preferences of Users and how they use the Site (the most frequently used functions, settings, preferred time and duration of working with the Site, etc.), which is not personal data, to improve the operation of the Site, diagnose and prevent site failures.

4.3.3. Amend the Agreement unilaterally by issuing new editions.

4.3.4. Delete user content at the request of authorized bodies or interested parties if this content violates applicable law or the rights of third parties.

4.3.5. Temporarily stop the operation of the Site, as well as partially restrict or completely terminate access to the Site until the necessary maintenance and / or modernization of the Site is completed. The User is not entitled to claim damages for the termination of the provision of services or restriction of the availability of the Site.

4.4. The user has the right to:

4.4.1. Use the Site within the limits and in the ways provided for by the Agreement.

4.5. The User is not entitled to consent to the implementation of this Agreement if he does not have the legal right to use the Site in the country in which he is located or resides, or if he has not reached the age from which he has the right to enter into this Agreement.

5. Terms and conditions of use

5.1. Subject to the User's compliance with this Agreement, the User is granted a simple (non-exclusive) license to use the Site using a personal computer, mobile phone or other device, to the extent and in the manner established by the Agreement without the right to provide sublicenses and assignment.

5.2. In accordance with the terms of the Agreement, the Operator grants the User the right to use the Site in the following ways:

5.2.1. Use the Site to view, review, leave comments and other records and implement other functionality of the Site, including by playing on the monitor (screen) of the corresponding technical means of the User;

5.2.2. To briefly download the relevant content of the Site into the computer memory for the purposes of using the Site and its functionality;

5.2.3. Quote elements of the main and / or user content of the Site, indicating the source of the citation, including an active working link to the URL of the Web page of the Site;

5.2.4. Fill out and send feedback forms, including application forms for calculating the cost of the project, as well as use other forms published on the Site in order to receive answers to questions, calculate the cost and / or conclude a contract;

5.3. The User is not entitled to take the following actions when using the Site, as well as any component parts of the Site:

5.3.1. Modify or otherwise process the Site, including translating into other languages.

5.3.2. Violate the integrity of the security system or carry out any actions aimed at bypassing, removing or deactivating the technical means of protection; use any program codes designed to distort, delete, damage, imitate or violate the integrity of the Site, transmitted information or protocols.

5.4. Any rights not expressly granted to the User in accordance with this Agreement are reserved by the Operator.

5.5. The Site is provided by the Operator on an "as is" ("AS IS") basis, without the Operator's warranty obligations or any obligation to correct defects, maintain and improve.

5.6. With respect to the posted user content, the User warrants that it owns or has the necessary licenses, rights, consents and permissions to use and grant the Operator the right to use all user content in accordance with this Agreement; he has the written consent and / or permission of each person, one way or another present in the user content, to use the personal data (including the image, if necessary) of this person in order to post and use the user content in the manner provided for in this Agreement.

5.7. By accepting the terms of this Agreement, the User grants the Operator and other Users free of charge a non-exclusive free of charge right to use (a simple license) materials that the User adds (places) on the Site in sections intended for access by all or part of the Users (discussions, comments, forum, etc.). The specified right and / or permission to use the materials is granted simultaneously with the addition by the User of such materials to the Site for the entire duration of the exclusive rights to intellectual property or the protection of non-property rights to the specified materials for their use in all countries of the world.

6. Personal data and privacy policy

6.1. To fulfill the terms of the Agreement, the User agrees to provide and consents to the processing of personal data in accordance with the Federal Law of July 27, 2006 No. 152-ФЗ "On Personal Data" on the terms and for the purposes of the proper execution of the Agreement and in accordance with the Operator's approved Personal Data Processing Policy. “Personal data” means personal information that the User provides about himself independently to make an acceptance.

6.2. The Operator guarantees the confidentiality of the User's personal data and provides access to personal data only to those employees who need this information to fulfill the terms of the Agreement, ensuring that these persons comply with the confidentiality of personal data and the security of personal data during their processing.
The Operator also undertakes to maintain the confidentiality of all information received from Users, regardless of the content of such information and the methods of obtaining it.

6.3. The information received by the Operator (personal data) is not subject to disclosure, except when its disclosure is mandatory under the laws of the Russian Federation or the User deliberately makes it public (for example, when comments are posted, the name, date and time of sending the comment may be displayed under the comment written by the User) .

6.4. The Operator processes the User's personal data in order to execute this Agreement. By virtue of Art. 6 of the Federal Law of July 27, 2006 No. 152-ФЗ “On Personal Data”, a separate user consent to the processing of his personal data is not required. By virtue of par. 2 p. 2 art. 22 of this law, the Operator has the right to process personal data without notifying the authorized body for the protection of the rights of personal data subjects.

7. Liability of the parties

7.1. The parties are responsible for non-fulfillment or improper fulfillment of their obligations in accordance with the terms of the Agreement and the legislation of the Russian Federation.

7.2. The Operator does not assume responsibility for the compliance of the Site with the purposes of use.

7.3. The Operator is not responsible for technical interruptions in the operation of the Site. However, the Operator undertakes to take all reasonable measures to prevent such interruptions.

7.4. The Operator is not responsible for any actions of the User related to the use of the granted rights to use the Site, or for damage of any kind incurred by the User due to the loss and / or disclosure of his data or in the process of using the Site.

7.5. In the event that a third party makes a claim to the Operator in connection with the violation by the User of the Agreement or applicable laws, the violation by the User of the rights of third parties (including intellectual property rights). The User undertakes to compensate the Operator for all costs and losses, including any compensation and other costs associated with such a claim.

7.6. The Operator is not responsible for the content of messages or materials of the Users of the Site (User Content), any opinions, recommendations or advice contained in such content. The Operator does not pre-check the content, authenticity and safety of these materials or their components, as well as their compliance with the requirements of applicable law, and the Users have the necessary scope of rights to use them without fail.

8. Dispute Resolution

8.1. The claim procedure for pre-trial settlement of disputes arising from this Agreement is mandatory for the Parties.

8.2. Letters of claim shall be sent by the Parties by courier or registered mail with acknowledgment of receipt to the address of the location of the Party.

8.3. Sending claim letters by the parties in a different way than specified in clause 8.2 of the Agreement is not allowed.

8.4. The term for consideration of a claim letter is 90 calendar days from the date of receipt of the latter by the addressee.

8.5. Disputes under this Agreement are resolved in court at the location of the Operator.

9. Final Provisions

9.1. This Agreement is governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Russian Federation. All possible disputes arising from relations governed by this Agreement shall be resolved in accordance with the procedure established by the current legislation of the Russian Federation, according to the norms of Russian law. Throughout the text of this Agreement, the term "legislation" means the legislation of the Russian Federation.

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