License agreement (offer)
License Agreement
Prior to buying, carefully read the License
Agreement (offer) and the description of the Standard and Extended License
If you do not agree with any terms and
conditions set forth in the License Agreement, do not use this Site.
License agreement (offer)
Publication date October 26, 2019
According to Articles 435 and 437 of the Civil
Code of the Russian Federation, this public offer to conclude a contract is a
public offer (hereinafter referred to as the Offer).
1. DEFINITIONS AND CONCEPTS
1.1. The terms of the Agreement govern the
relations of the Licensor and the Licensee and contain the following
definitions:
1.1.1. Offer - this document
(Agreement), posted on the Internet at: http: //paintingstock.com/index.php?
Dispatch = pages .... (hereinafter referred to as the Site). In accordance with
the Agreement, the words of the Offer and the Agreement are equivalent.
1.1.2. Acceptance - a complete and
unconditional acceptance of an offer through the implementation of the actions
specified in clause 4.1. of the Agreement.
1.1.3. Licensor - individual entrepreneur
Natalya Sergeevna Klyachkovskaya, INN 773211824302, who posted the copyrighted
images on the website http: //paintingstock.com in order to provide
non-exclusive rights to use them to the interested Licensee.
1.1.4. Licensee - a legal entity or
an individual who has made an offer through acceptance on the terms contained
in the Offer and who has paid the cost of the license.
User - a legal or natural person interested in
accepting the Offer on the Licensor's Website, a visitor of the Licensor's
Website.
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: http://paintingstock.com (hereinafter referred to as the Site).
1.1.6. Image / Work - a work
created by means of vector graphics or in another way and stored in digital
form, which is the subject of copyright.
1.1.7. Image license - the scope of
the rights granted to the Licensee by the Licensor in relation to a specific
Image and allowing the use of this Image in a certain way and within certain
limits.
1.1.8. Personal Account - a secure
section on the Site containing unique information about the user (Licensee):
contact details, payment details, purchase history, internal account status and
payment history. Access to the Personal Account is carried out through the Site
using the login (e-mail address entered during registration) and password.
1.1.9. Account - an electronic registry
entry contained on the Site that is related to the User (and only to him/her)
and contains Licensee's data and actions
on the Site, including identification data for Authorization.
1.1.10. Authorization is the
process of analyzing the identification data entered by the Licensee, the
results of which determine whether the Licensee has the right to use the Image.
The identification data for accessing the Image is determined necessary and
sufficient in the form of a password and login (hereinafter also referred to as
“Password” and “Login”).
1.2. Applicable concepts
1.2.1. A resale product is a
product that will be distributed with material benefits (selling website
templates, t-shirts, books, calendars, etc.). An order or in other words work
which is carried out for a customer is not a resale, but if your customer plans
to distribute the product with material benefits, such an action is considered
a resale. When working for a client, it is always necessary to consider the end
use of the product before downloading the Image under any license.
1.2.2. A product for free distribution
is a product that will be distributed to a wide audience without deriving
material benefits (free website templates, postcards, flyers, etc.).
1.2.3. The concept of the main and secondary
role of the Image for the product. The role of the Image for the product is
the value of the product that the Image brings, and which affects the
consumer’s decision to choose this product among similar products. The main
role of the Image for the product is formed when the Image is the main,
defining, important or pricing part of the product, because of which the
consumer wants to choose it. The secondary role of the Image for the product is
when the Image is an integrated, non-core or supporting part of the product
that does not add value to it and does not affect whether the consumer wants to
choose it or not.
2. SUBJECT OF THE AGREEMENT
2.1. The Licensor grants to interested Licensees
a non-exclusive, perpetual license valid in all countries of the world without
the right to transfer and sublicense it to third parties, which allows to use
or modify the Image completely or partially an unlimited number of times to
create any product within the permitted use, but does not transfer copyright
and intellectual property rights. Copyright and other intellectual property
rights in respect of the Image are reserved by the Licensor or the supplier of
the Image.
2.2. Images displayed on the Site may be
downloaded under a Standard and / or Extended License. When choosing a license
type, you must follow the rules:
2.2.1.If the downloaded Image will be used to
create a product that will not be resold or freely distributed, the User must
purchase a Standard License.
2.2.2. If the Image will be used to create a
product that will be resold or freely distributed, the User must purchase an
Extended License.
2.2.3 If the Image plays a secondary role for
the product and does not add value to it, but the product is created for resale
or free distribution, the User must purchase an Extended License.
2.2.4.
If the Image plays a major role for the product and gives it value, the User
must purchase an Extended License.
2.3. Acceptance of the Offer means that the
User has read its contents, agrees and has received all the necessary explanations
of the Licensor regarding its provisions.
3. LICENSE TYPES
3.1. STANDARD LICENSE. A standard
license allows you to use the downloaded Image to create all types of products
(except products for resale or free distribution, in which the Image plays the
main role for the product and adds it value).
3.1.1 License Terms:
Website Visitors |
Unlimited |
Number
of copies or prints of the product |
Up to 150 000 |
Number
of copies or impressions of the product for electronic use |
Unlimited |
Maximum
size (resolution) of the unmodified Image for electronic use |
Unlimited
(file resolution should not exceed the screen resolution of the intended
device). |
Creation
of all types of products (except products for resale or free distribution, in
which the Image plays the main role for the product and adds value.) |
Allowed |
Creating
a product for resale or distribution, in which the Image plays a secondary
role for the product |
Not allowed |
Creating
a product for resale or distribution, in which the Image plays a major role
for the product and adds value. |
Not allowed |
3.1.2. Permitted Use:
— Digital format: sites; advertising banners;
screen savers; wallpapers for a desktop; software (for PC and mobile devices);
electronic postcards; e-mail letters; eBooks; Presentations (PowerPoint, Flash,
etc.); films, videos and television commercials; unofficial logos; personal
non-commercial use, etc.
— Print format: advertising in newspapers and
magazines; printed advertising materials; covers and illustrations for books,
newspapers, magazines; Business Cards; flyers; Posters covers for CD / DVD
discs; wrappers, labels and packaging for goods; stationery: folders,
notebooks, pens, pencils and stickers; key rings calendars cups and glasses;
mouse pads; T-shirts and clothes; personal non-commercial use, etc.
3.2.EXTENDED LICENSE. The extended license
includes the rights of the Standard License, has no restrictions on the number
of copies, prints and shows, and also allows you to use the downloaded Image to
create a product for resale or free distribution, in which the Image plays the
main role for the product and adds value.
3.2.1.License Terms:
Website Visitors |
Unlimited |
Number
of copies or prints of the product |
Unlimited |
Number
of copies or impressions of the product for electronic use |
Unlimited |
Maximum
size (resolution) of the unmodified Image for electronic use |
Unlimited
(file resolution should not exceed the screen resolution of the intended
device). |
Creating
a product for resale or distribution, in which the Image plays a secondary
role for the product |
Allowed |
Creating
a product for resale or distribution, in which the Image plays a major role
for the product and adds value. |
Allowed |
3.2.2. Permitted Use:
— Digital format: sites; Web-sites' templates;
banners for advertising; screen savers; wallpapers for a desktop; software (for
PC and mobile devices); electronic postcards; e-mail letters; eBooks;
presentation templates (PowerPoint, Flash, etc.); document templates; other
templates; films, videos and television commercials; unofficial logos; goods
for resale and distribution; personal non-commercial and commercial use, etc.
— Print format: advertising in newspapers and
magazines; printed advertising materials; covers and illustrations for books,
newspapers, magazines; books consisting entirely or mainly of illustrations;
Business Cards; flyers; Posters covers for CD / DVD discs; wrappers, labels and
packaging for goods; stationery: folders, notebooks, pens, pencils, stickers
and key rings; calendars cups and glasses; mouse pads; T-shirts and clothes;
goods for resale and distribution; personal non-commercial and commercial use,
etc.
3.3. PROHIBITED TO USE IMAGES FOR:
3.3.1. Placing Images for free download on a
shared disk, service, software or website for sharing, transfer or
distribution;
3.3.2. Transfer, resale, sublicense, rent, gift
or other means of transferring the Image or the right to it to third parties;
3.3.3. Creating conditions for extracting
Images from the product;
3.3.4. Use of the Image in a manner that will
give a third party access to it for future use;
3.3.5. Placing somewhere unchanged Images in
electronic format in a resolution bigger than the screen resolution of the
intended device;
3.3.6. Using Images to create an official logo,
company name, trademark;
3.3.7. Use of the Image in a manner that
violates intellectual property rights, the rights of third parties in relation
to trademarks or causes claims in respect of unfair advertising or competition;
3.3.8.Use of Images for SPAM mailings;
3.3.9. Use of the Image in a way that creates
competition for the activity of http://paintingstock.com;
3.3.10. Use of the Image for pornographic,
illegal or immoral purposes;
3.3.11.Use of the Image to advertise or promote
tobacco or alcohol products;
3.3.12. Use of the Image that is prohibited is
considered a copyright violation. The Licensee is responsible for all losses
resulting from copyright infringement, including any claims of third parties.
Also, http://paintingstock.com has the right to terminate this Agreement and
revoke the license for the Image if it was used in violation of copyright.
3.4. RESTRICTION ON NUMBER OF USERS:
3.4.1. Standard and extended licenses are
single-user licenses. A single-user license allows one (1) user to download and
use Images. At the same time, the
Licensee may transfer materials or derivative works containing the Images to
their customers for reproduction under
authorized use, provided that they do not receive any additional rights and
cannot gain access to the Images or extract them from the materials provided.
3.4.2. Simultaneous use of the Site account by
several users is not allowed. Each user who wants to access the Site must have
their own account. For corporate and multi-user access, you must contact
support.
4. PROCEDURE FOR ACCEPTANCE OF THE OFFER
4.1. The acceptance of the Agreement is the
pressing by the User / Licensee of a button on the Website
http://paintingstock.com “accept the terms of the License Agreement”.
4.2. By accepting the Agreement in the manner
specified in clause 3.1 of the Agreement, the User guarantees that he is
acquainted with, agrees, fully and unconditionally accepts all the conditions
of this Agreement.
4.3. The Agreement can be accepted by the User
solely as a whole (clause 1 of Article 428 of the Civil Code of the Russian
Federation).
4.4. This Agreement is considered as executed
from the moment of acceptance by the Licensee.
4.5. The Offer takes effect from the moment it
is published on the Internet on the Site and is valid until the Licensor
withdraws or changes the Offer.
4.6. After familiarization and acceptance by
the User / Licensee of all the conditions of this Agreement, the User is
registered by creating an Account on the Site. Further use of the Image is
possible only after the completion of User Authorization.
4.7. To organize interaction between the
Licensor and the Licensee / User, the Licensee registers the User’s Personal
Account in the following order: click the "Register" button, fill in
all the necessary fields, read the License Agreement, click the "Agree to
the Terms" button; activate your personal account using the appropriate
link sent to the specified e-mail address.
4.9. The following information about the User
shall be indicated in the User’s Personal Account: Full name, phone, e-mail,
login.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1.The Licensor undertakes:
5.1.1.Within 3 (three) days from the receipt of
the acceptance, provide the Licensee with the right to use the Image.
5.1.2.Within 30 (thirty) calendar days from the
date of receipt of the notification of the User / Licensee on their own and at
their own expense, eliminate the deficiencies identified by the User Image,
namely:
— A
discrepancy between the content of the Image and the data specified in clause
2.1 of the Agreement;
— The
presence of images prohibited by law.
5.1.3. Refrain from any action that could
impede the User’s right to use the Image to the extent specified in the
Agreement.
5.1.4. Register the User’s personal account in
the manner prescribed by the Agreement.
5.1.5. Use personal data and other confidential
information about the User / Licensee only for the provision of services under
the Agreement, not transfer to third
parties the documentation and information about the User.
5.1.6. Ensure the confidentiality of
information entered by the User when using the Site through the User’s personal
account, with the exception of posting such information in public sections of
the Site (for example, chat).
5.1.7. Advise the User / Licensee on all
matters relating to the Image. The complexity of the issue, the amount and
timing of the consulting procedure are determined in each case by the Licensor
independently.
5.2. Licensee / User agrees:
5.2.1. Use the Image only within the limits of
those rights and in the ways provided by the Offer.
5.2.2. Make payment in the manner specified in
the Offer.
5.2.3. Keep confidential and not disclose to
third parties information about the password that gives access to the User’s
Personal Account. In the event that such information for one reason or another
becomes known to third parties, the User agrees to change it immediately.
5.2.4. Provide the Licensor with a report on
the use of the Intellectual Property Object, in the manner prescribed by the
Offer.
5.2.5. Strictly adhere to and not violate the
conditions of the Offer, as well as ensure the confidentiality of commercial
and technical information received in cooperation with the Licensor.
5.2.6.
Refrain from copying in any form, as well as from changing, supplementing,
distributing (including publicly displaying the Image (or any part of it), as
well as refrain from creating derivative objects on its basis without the prior written permission of
the Licensor. All exclusive rights to Images are inalienable and remain with
the Licensor and / or the Author in full.
5.2.7. Do not use any devices or computer
programs to interfere or attempt to interfere with the normal functioning of
the Licensor's Site.
5.2.8. Immediately inform the Licensor of all
known facts of illegal use of the Image by third parties .
5.2.9. Perform other duties stipulated by the
Agreement.
5.3. The Licensor has the right:
5.3.1. Suspend or terminate the registration
and access of the User / Licensee to the Site if the Licensor reasonably
believes that the User / Licensee is conducting illegal activities or violates
the terms of the Offer.
5.3.2. Require the User / Licensor to pay fee
in the manner and terms established by the Offer.
5.3.3. In case the User violates the conditions
(Methods) of using the rights to the Image under the Agreement, deprive the
User of the right to use the Image. Violation of copyright laws may also result
in civil and criminal liability in accordance with the laws of the Russian
Federation.
5.3.4. Refuse to provide the User with the
right to use the Image in case the User violates the payment deadlines, or on
other grounds provided for by the Offer.
5.3.5. Unilaterally amend the Offer by issuing
new editions without warning the User or Licensee.
5.4. User / Licensee has the right:
5.4.1. After receiving the Image, use it in the
amount and manner established in the Offer.
5.4.2. Refuse to execute the Agreement if the
Licensor, in violation of the conditions of the Offer, refused to transfer to
the User the right to use the Image under the Agreement.
6. FEE AND PAYMENT PROCEDURE
6.1. For granting the right to use the Image in
accordance with the terms of this Agreement, the Licensee shall pay a fee to
the Licensor. The amount of the Licensor's remuneration is determined in
accordance with the rates of such allowance indicated on the Site with respect
to the corresponding Image and according to the type of License chosen by the
Licensee, and is indicated in the invoice issued by the Licensor in the name of
the Licensee. The payment of remuneration by the Licensee to the Licensor is
carried out by the method chosen by the Licensee from the possible payment
methods indicated on the Site.
6.2. The Licensee’s right to use the Image is
due to the payment by the Licensee to the Licensor of the fee specified in
clause 6.1. actual Agreement. At the same time, the obligations of the Licensee
in terms of payment under the Agreement shall be deemed fulfilled from the day
the funds are credited to the Licensor's current account.
6.3. The bill is sent to the Licensee by e-mail
to the personal account specified by him during registration. If the Licensee
has not paid for it within 5 calendar days, it shall be deemed that the
Licensee has refused to conclude an agreement, the bill sent shall be canceled.
6.4. Payment can be made in another way
indicated as available on the Site.
7. PERSONAL DATA
7.1. In order to fulfill the terms of the
Agreement, the Licensee / User agrees to provide and agrees to the processing
of personal data in accordance with Federal Law No. 152-FZ of 27.-7.2006 “On
Personal Data” on the conditions and for the purposes of the proper execution
of the Agreement. By "personal data" it is meant the personal information
of the User.
7.2. The Licensor guarantees confidentiality
with respect to 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 terms of the
confidentiality of personal data and the security of personal data during their
processing.
7.3. In the event that the User loses
identification data (login / password) to access his personal account, the User
has the right to request this information from the Licensor by sending a
request via the Licensor's e-mail.
7.4. The information (personal data) received
by the Licensor is not subject to disclosure, unless its disclosure is
mandatory under the laws of the Russian Federation or necessary for the
operation of the Site and its functions.
8. RESPONSIBILITY OF PARTIES
8.1. The parties are liable for non-performance
or improper performance of their obligations under the Agreement in accordance
with the laws of Russia.
8.2. The Licensor assumes no responsibility for
the compliance of the Image with the purpose of use.
8.3. Use of the Image for purposes not listed
in the Agreement, either after the termination of the Agreement or otherwise
outside the rights granted to the User by this Offer, shall entail liability
established by law for violation of the exclusive right to the Image.
8.4. The Licensor is not responsible for any
actions of the User related to the use of the granted rights to use the Image;
for any kind of damage incurred by the User due to the loss and / or disclosure
of their data or in the process of using the Image.
8.5. The Licensor is not responsible and does
not compensate the User for losses caused by violations and / or errors in the
operation of the Image that arose as a result of unlawful actions of the User,
their staff or third parties.
8.6. In case the third party makes a claim to
the Licensor in connection with a violation by the User of the Agreement or
applicable laws, a violation by the User of the rights of third parties
(including intellectual property rights), the User undertakes to compensate the
Copyright Holder for all expenses and losses, including payment of any
compensation and other costs associated with such a claim.
8.7. The Licensor is not responsible for
technical failure in the operation of the Site. However, the Licensor
undertakes to assume all reasonable measures to prevent such failures.
9. TERMINATION OF AGREEMENT
9.1. The Licensor has the right at any time
unilaterally (out of court) amend the terms of the Offer. Changes come into force
from the moment the new edition of the Offer is published on the Licensor's
Website.
9.2. The Licensee has the right to unilaterally
withdraw from the Agreement by notifying the Licensor by e-mail
info@paintingstock.com or at the following address: entrance 7, floor 1,
Marshala Kozheduba street 4, Moscow,
4109559 , Russia.
9.3. Cancellation of obligations under the
Agreement, termination of the Offer automatically terminates the Licensee’s rights
to use the Image, the right to use the Licensee is considered canceled. The
User / Licensее shall
immediately cease any use of the Intellectual Property Object posted on the
Licensor's Website.
10. DISPUTE RESOLUTION
10.1. Any disputes and disagreements arising
between the parties in connection with the execution of this Offer (Agreement)
are resolved by sending a claim by e-mail of the Party.
10.2. Claims regarding the right to use the
Images and breaches of the terms of the contract are sent to the Party by
e-mail. The response to the claim must be provided no later than 14 calendar
days.
10.3. If the parties could not resolve the disputes
and disagreements, the dispute shall be resolved by the court at the location
of the Licensor
11. FORCE MAJEURE
11.1. The Parties shall be exempted from
liability for full or partial failure to fulfill obligations under the
Agreement if the failure to fulfill the obligations was the result of force
majeure, namely: fire, flood, earthquake, strike, war, actions of public
authorities or other circumstances beyond the control of the Parties.
This translation into English from Russian, in which the document was originally compiled, is provided solely for your convenience. We kindly ask you to refer to the original text in Russian. By downloading any image from the Paintingstock website, you agree to the terms and conditions set forth in the original version of the License Agreement in Russian.