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.

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