This User Agreement (hereafter — the «Agreement») shall govern relations between the User and the MELODY.SU Online Store Owner (i.e. Firma Melodiya Joint Stock Company) concerning the provision and use of services (facilities) of MELODY.SU Online Store, and define the User personal data processing policies.
The Agreement shall specify the terms and conditions for the provision and use of services (facilities) of the Online Store, set forth the rights and duties of the parties hereto, define the User’s liability for any breach of the terms and rules of use of the Online Store, and shall define User personal data processing policies and the data on the requirements to be implemented to ensure the personal data protection.
This Agreement and the relations of the parties arising out of this Agreement shall be governed by the laws of the Russian Federation.
As to the manner and the terms of conclusion of this Agreement, the provisions of the Civil Code of the Russian Federation that regulate the manner and the terms of conclusion of a standard form contract (Art. 426 of the RF CC), accession agreement (Art. 428 of the RF CC), submission of offer and acceptance (Art. 435–444 of the RF CC), as well as the provisions of Federal Law «On Personal Data» No. 152-FZ dated 27.07.2006 shall apply.
1. Terms and Definitions
For the purposes of this Agreement the terms below or elsewhere herein shall have interpretations and definitions both in the plural and in the singular as below:
Acceptance of the Agreement means registration and selection of the item that confirms the User’s consent to Personal Data processing (to be confirmed by clicking «Consent to Personal Data Processing» button), acceptance of the terms and conditions of the Agreement in the Registration Form (to be confirmed by clicking «Sign Up/Register Now» button), or selecting the item to confirm acceptance of the terms and conditions of the Agreement in the Content Purchase Form (to be confirmed by clicking «Ordering» button), or selection of the item that confirms acceptance of the terms and conditions of the Agreement in Licensing and Feedback forms (to be confirmed by clicking «Submit» button). Upon Acceptance of the Agreement, the User shall be deemed to have accepted the terms and conditions of this Agreement and given the consent to Personal Data processing.
Online Store Owner means a legal entity that is the Online Store Owner authorised to run the Online Store, interact with Users in the process of gaining access to the Online Store and Content and use of the Online Store by Users, including purchasing of Content and Product, to provide information support for the User and to do other acts and things associated with the use of the Online Store.
Order means duly executed User’s request for purchase and delivery of the Product presented on the Website.
Online Store means an electronic system including personal data information system that ensures the provision of Content access services (enabling to download Content to a personal computer or mobile device; listen to and view the Content using the personal computer or mobile device), as well as access to other services, including a fee-based acquisition of the Product.
Website means the website on the Internet, located at http://melody.su/, on which the Online Store is located.
Content means protected intellectual property in electronic format, including but not limited to phonograms with performance records, audiovisual works, music pieces with or without text, their names, introductions, abstracts, articles etc., illustrations, covers, designs, graphical, textual, photographic, derivative, composite and other works, databases and other intellectual property items collectively and/or individually, as well as information about the Content represented in electronic form on the Internet in various formats, located on the pages of the Online Store.
User’s Personal Account means a section of the Website in the form of a set of pages accessible by the User after the registration, through which the User can manage his/her Personal Data (Account) by posting, modifying and deleting information and through other actions associated with the use of the Online Store.
User means an individual that has access to the Online Store via the information and telecommunication network, which individual has signed up and accepted the Agreement.
Personal Data means any data directly or indirectly relating to the User (Personal Data Subject), including name, surname, patronymic, e-mail address, postal address, telephone, history of the use of the Online Store, personal preferences and recommendations, as well as other data specified by the User in the Online Store, including in the User’s Personal Account.
Download (loading) means the method of granting access to the Content, using which the User is provided with an opportunity to record (copy) a purchased Content item to an electronic medium, including to the memory of electronic computer (EC), user device of any type, or to the server space designed to store the User’s Content, including to cloud storages.
Product means property, including CD- and DVD-discs, LP vinyl discs intended for fee-based sales to the User. Name, price, completeness, characteristics, method, time, territory of delivery of the Product and other necessary information shall be specified on the Website. Quality of the supplied Product must comply with requirements of the relevant standards.
2. Subject Matter
2.1. The subject matter of this Agreement shall be the provision of the Online Store services to Users for purchasing the Content, Product and other services (facilities) specified in this Agreement for family and home and other needs not associated with entrepreneurial activities, as well as defining User Personal Data processing policies.
2.2. The Online Store shall provide Users with the following services (facilities): access to the Content on a fee paid basis, with the right to purchase (download), view and listen to the Content;
- Access to information about the Product, to information about purchase of the Product and delivery of the Product; - Access to search and navigation facilities of the Online Store; - Other types of services (facilities) to be sold on the Online Store pages.
2.3. This Agreement shall cover all currently existing (really functioning) services (facilities) of the Online Store, as well as any of their further modifications and additional services (facilities) of the Online Store.
2.4. The Agreement may be unilaterally amended by the Online Store Owner without notice to Users by posting the amendments to this Agreement or new version of this Agreement by the Online Store Owner on the Online Store. Any amendments to this Agreement or new version hereof shall come into force upon the expiration of 10 days after the publishing thereof.
2.5. If the User disagrees with the amendments to this Agreement or new version hereof, the User shall be entitled to terminate this Agreement with the Online Store Owner by deleting the User’s account or by sending a relevant message to Technical Support Service or by contacting the Online Store Owner using the Feedback Form on the Website. In this case, this Agreement shall be deemed to have been terminated upon deletion of the account.
2.6. If prior to the effective date of the amendments to this Agreement or new version hereof, the User fails to contact Technical Support Service with a request to delete the account, the User thereby confirms that the User has read, understood, and agrees to comply with this amended Agreement or new version hereof and accedes to the amendments to this Agreement or new version hereof as a whole from the effective date of said amendments of this Agreement or new version hereof. In this case, this Agreement shall be deemed to have been amended from the effective date of this Agreement or new version hereof.
2.7. The User agrees that all services shall be provided in accordance with the internal regulations of the Online Store. In order to use any services of the Online Store, the User needs to have a computer or other relevant device that meets established parameters; access to the Internet and the User must undergo the registration procedure. All issues of the acquisition of the right to access to the Internet, purchase and set-up of the relevant equipment and software products shall be solve by the User himself/herself and shall not be subject to this Agreement.
2.8. The User shall be fully responsible for the legality of his/her acts committed using the services (facilities) of the Online Store and for the consequences thereof, including in the event of unlawful use of the Content, in accordance with applicable laws of the Russian Federation, the (property and/or non-property) rights to which belong to third parties, as well as in the event of offence against honour, dignity and business reputation of third parties.
3. Acceptance of the Agreement. Rules of Registration
3.1. The User shall accept the Agreement by clicking the Accept button in the manner specified in this Agreement, or by confirming the acceptance of the terms and conditions of this Agreement prior to purchasing the Content and/or Product, or by sending a completed Feedback Form, or by sending a request to license the rights.
3.2. The registration shall be made in the Online Store: in order to do so, the User shall complete the Registration Form located on the Online Store.
3.3. While registering, the User must follow the registration instructions contained in the Registration Form.
3.4. The registration shall be deemed to have been completed by the User, and Acceptance of the Agreement performed by the User from receipt of the properly completed Registration Form by the Online Store Owner.
3.5. The Online Store Owner shall not be liable for non-receipt of the properly completed Registration Form sent by the User.
3.6. In the process of the registration, the User will be assigned a registration name (Login) and provided with the opportunity to create a user password (Password) for access to the personalized part of the services of the Online Store (User’s Personal Account). The User will be identified based on the Login and Password. The Online Store Owner shall have the right to prohibit the use of certain, in particular incorrect and offensive login/password and/or to withdraw them.
3.7. In the process of the registration, the User shall provide true and accurate information about himself/herself. Throughout the term of this Agreement, the User shall keep updated the foregoing information contained in the User’s Personal Account. The User shall be liable for the provision of false, incomplete or inaccurate information about himself/herself and for any resulting consequences, including negative consequences.
3.8. The User shall assume responsibility for keeping his/her Login and Password confidential, as well as for all what will be done in the Online Store by third parties using his/her Login and Password. The User shall not be entitled to transfer his/her registration (Login and Password) third parties, and shall not be entitled to receive them from third parties otherwise than with the written consent of the Online Store Owner. The Online Store Owner shall bear no responsibility under any contracts between the User and third parties.
3.9. The User agrees to undertake to immediately notify the User Support Service of the Online Store of any unauthorized (not permitted by the User) access to the Online Store under the User’s Login and Password and/or any other security violation, as well as of any faults detected in the Website Security System. The User shall independently shut down the works under his/her Login and Password (link “Exit”) upon the end of each session.
3.10. The Online Store Owner shall not be liable for possible data loss or corruption that might occur due to the violation of the provisions of this part of the Agreement by the User.
3.11. While sending any communications associated with this Agreement, including issues and claims, to the Online Store Owner, the User must indicate his/her account data.
3.12. When registering, the User agrees to receive messages that contain necessary information about the functioning of the Online Store.
If by Acceptance of the Agreement, the User agrees to receive other communications, including those containing advertisements, to the e-mail address (e-mail) specified during the registration or added to the account or to the telephone number specified during the registration or added to the account. The User shall be entitled to revoke his/her consent to receive all or some communications by changing the settings in the User’s Personal Account, by sending of the relevant message to the address of Support Service or by contacting through the Website Feedback Form.
4. User Personal Data Processing Policies
4.1. By confirming the consent to Personal Data processing on the Website, the User (Personal Data Subject) confirms his/her consent to the Personal Data processing performed using automation tools, including, but not limited to collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, and destruction of the Personal Data.
4.2. The Personal Data shall be processed subject to:
The Constitution of the Russian Federation;
abour Code of the Russian Federation;
Civil Code of the Russian Federation;
Federal Law «On Information, Information Technologies and Protection of Information», No. 149-FZ dated 27 July 2006;
Resolution of the Government of the Russian Federation «On Special Aspects of Personal Data Processing without Using Automation Technology», No. 687 dated 15 September 2008;
Resolution of the Government of the Russian Federation «On the Approval of Requirements for the Personal Data Protection When Processing Thereof in the Personal Data Information Systems», No. 1119, dated 01 November 2012; Order of Federal Service for Technical and Export Control of Russia (FSTEC) «On the Approval of the Scope and Content of Organizational and Technical Measures to Ensure Security of the Personal Data when Processing Thereof in the Personal Data Information Systems», No. 21 dated 18 February 2013;
Other regulations of the Russian Federation and regulatory documents of the competent public authorities;
Articles of Association of Firma Melodiya JSC;
This User Agreement;
Personal Data Processing Regulations;
Consent to Personal Data Processing.
4.3. Personal Data shall be processed to ensure protection of human and citizen’s rights and freedoms when processing his/her Personal Data, including protection of rights to privacy, personal and family secrets.
Personal Data shall be processed in the following cases:
- Performance of obligations under the contracts for sale and purchase of Products and Content in the Online Store;
- Organisation and holding of actions, research, surveys and other activities;
- When contacting the Users via e-mail, postal mailing, on the Internet;
- In order to ensure the implementation and improvement of all functions of the Online Store, advertising, including for personal recommendations and announcement of new Content and Products, services, for information service of Users;
- For other purposes that are not inconsistent with applicable laws of the Russian Federation.
For these cases, the Online Store Owner shall be entitled to engage third parties and transfer the data specified in this Section to third parties.
4.4. The Personal Data processing using automation tools shall be performed provided that the following terms and conditions are met: the Online Store Owner shall carry out technical activities aimed to prevent unauthorized access to the Personal Data and (or) transfer thereof to any persons that do not have the right access to such information; security tools are set up so as to timely detect any facts of unauthorized access to the Personal Data; hardware and software for automated processing of the Personal Data are isolated in order prevent any influence thereon that may result in disruption of their functioning.
The Personal Data processing without using automation tools shall be performed so that the places of storage of the Personal Data (physical media) can be defined in relation to each category of the Personal Data. The Online Store Owner shall limit the list of persons that have access to the Personal Data processing, ensure separate storage of the Personal Data taken for different purposes, as well as maintain security of the Personal Data and take measures to prevent any unauthorized access thereto.
4.5. The User shall give consent to process the Personal Data for the entire term of this Agreement or until the consent to process Personal Data is revoked by the User, or for 1 (One) year after the last activity of the User on the Website.
4.6. The User shall be entitled to completely or partially revoke his/her consent to collect, store and process his/her Personal Data at any time. The User shall give a notice of revoke of his/her consent to collect, store and process his/her Personal Data, or of change/addition to Personal Data by sending an appropriate his/her message to the electronic address of the Support Service of the Online Store or in the Feedback Form on the Website. The requests shall be kept by the Personal Data Information System Administrator during 1 (One) year.
4.7. In order to protect personal data, the Online Store Owner shall perform the following measures to ensure security of the Personal Data, including necessary legal, organizational and technical measures to protect the Personal Data against unlawful or accidental access thereto, destruction, modification, blocking, copying, provision, distribution of the Personal Data, as well against other wrongful acts in relation to the Personal Data. Safety of the Personal Data shall be achieved in particular through the identification of threats to the safety of Personal Data when processing thereof in the personal data information systems; implementation of organizational and technical measures to ensure safety of the Personal Data when processing thereof in the personal data information systems, required for fulfilment of requirements for Personal Data protection, application of information protection facilities that passed compliance procedure; assessment of the effectiveness of the measures taken to ensure the safety of the Personal Data prior to the commissioning of personal data information system; detection of facts unauthorized access to the Personal Data and taking measures; restoration of the Personal Data modified or destroyed due to an unauthorized access thereto; establishment of rules for accessing the Personal Data, processed using personal data information system, as well as registration and recoding of all actions performed with the Personal Data in the personal data information system; control of the measures taken to ensure safety of the Personal Data and the level of protection of the personal data information system.
4.8. In order to implement specific measures to ensure the Personal Data safety, the Online Store Owner shall appoint a person responsible for the organization of the Personal Data processing. The Online Store Owner shall publish this Agreement that shall define the operator’s policy in relation to the Personal Data processing, as well as local acts on the Personal Data processing issues, application of legal, organizational and technical measures to ensure Personal Data safety, shall perform internal control, assess the harm that may be caused Personal Data Subjects in the event of breach of Federal Law «On Personal Data», familiarize the employees directly engaged in the Personal Data processing with the provisions of the laws of the Russian Federation concerning the Personal Data, including requirements for personal data protection, documents that define the Online Store Owner’s policies in relation to the Personal Data processing, local acts on the issues of the Personal Data processing, and (or) training of said employees.
4.9. When processing Personal Data, the Online Store Owner shall be entitled to provide Users’ Personal Data to third parties to perform core activities of the Online Store and/or technical maintenance of the Website provided that this is specified in applicable laws of the Russian Federation (tax and law enforcement authorities etc.), refuse to provide Personal Data to the extent provided for by the laws of the Russian Federation, use the Personal Data without Users’ consent to the extent provided for by the laws of the Russian Federation.
5. Ordering Procedure in the Online Store and Lead Time
5.1. Any Product ordering procedure may be executed by the User as follows: an order may either be received by telephone or executed by the User himself/herself on the Website.
When ordering the Product by telephone, the User must follow the principles of generally accepted morality and communication etiquette. It is strictly forbidden to use obscene words, abuse, abusive language, and threats and blackmail, no matter in what form and to whom they were addressed.
Any Content ordering procedure must be executed by the User himself/herself on the Website.
5.2. The Online Store Owner shall not be liable for any unfavourable consequences occurred, including for untimely delivery resulting from inaccurate information provided by the User.
5.3. After the ordering procedure has been completed and the order has been processed by the manager, on or before the next business day, the User will be provided with information about the expected Product Delivery Date.
5.4. All the information materials provided on the Website shall be for reference only and cannot fully convey accurate information about properties and characteristics of the Product, including colour, size and shape. If the User has any questions concerning the Product properties and characteristics, then prior to ordering, the User must contact Support Service at the relevant Website Section.
5.5. In the event that the ordered Product is not available at the warehouse, the Online Store Owner shall be entitled to remove said Product from the Order of the User and notify the latter.
5.6. In the event of cancellation of a fully or partially prepaid Order, the cost of the Product shall be returned by the Online Store Owner at the User’s request.
6. Payment for Product/Content
6.1. The full cost of the Product Order shall consist of the Product cost in the Online Store and delivery cost. The full cost of the Content Order shall consist of Content cost in the Online Store.
6.2. The User shall pay the Order using any method selected in the Online Store. Product/Content payment methods shall be specified on the Website in Delivery and Payment Section.
6.3. Product cost shall be specified on the Website.
6.4. In the event that the User incorrectly specifies the price of the ordered Product, the Online Store Owner shall inform the User as promptly as possible to confirm the Order based on the corrected price or to cancel the Order. Where the User is not available for contact, such Order shall be deemed to have been cancelled. If Order was paid, the Online Store Owner shall return the amount paid for the Order to the User in accordance with the terms and conditions of the User Agreement.
6.5. Product/Content price may be unilaterally changed by the Online Store Owner. However, the price of the Product/Content ordered by the User shall not be subject to any change.
6.6. Payment by bank cards shall be made through a bank card payment aggregator. All activities associated with the personal data processing and protection shall be carried out under the responsibility of the payment system aggregator at its page.
6.6.7. In the event of cancellation of an Order or any part thereof, the cost of the Product paid by a bank card shall be refunded to the same card from which the payment was made (i.e. operational refund).
7. Delivery of Order
7.1. General time of delivery of the Product from the warehouse consists of the time of processing of the of the Order and delivery dates. If the courier service is selected, the date of delivery by courier service shall be specified on the Website on the Ordering Page.
7.2. The Orders shall be delivered across the entire territory of the Russian Federation using any method specified on the Website. The delivery methods shall be specified on the Website in the relevant Section.
7.3. The Online Store Owner will take its best efforts to meet the delivery dates specified on the Website. However, delays in delivery may happen due to unforeseen circumstances occurred through no fault of the Online Store Owner.
7.4. The risk of accidental loss or accidental damage of the Product shall pass to the User from the time of transfer of the Product to the User. In the event that the Product cannot be delivered, the Online Store Owner shall return to the User the cost of the paid Order and delivery after receipt of confirmation of the loss of the Order.
7.5. The cost of delivery of each Order shall be calculated individually subject to the region and delivery method, and sometime subject to the form of payment, and shall be specified at the last step of ordering on the Website.
7.6. Upon delivery, the Product shall be handed over to the User or to the person specified as a Recipient. In the event of absence of the User or Recipient specified by the User at the place of delivery, the Product shall be handed over to the person who shows the document that confirms the placement or the payment of the Order.
7.7. In order to avoid frauds and to fulfil the assumed obligations, when handing over the prepaid Order the delivery person shall be entitled to demand the Recipient’s identification document, and to specify the type and number of the document provided by the Recipient, in the Order receipt.
8. Product Return Procedure
8.1. The User shall be entitled to reject the ordered Product at any time prior to receipt thereof, and after receipt thereof — within 10 days. This provision shall apply the Product of proper quality.
8.2. Return of the Product of proper quality will be possible if it was not in use, is in marketable condition (package, seals, labels), consumer properties are preserved as well as the document confirming the fact and the terms of purchase of said Product (sales receipt or sales slip). Personal identification document shall be necessary in order to return the Product. The User shall not be entitled to return or exchange Products of proper quality specified in the List of Non-Food Products of Proper Quality that shall not be Subject to Return or Exchange, approved by Resolution of the Government of the Russian Federation No. 55 dated 19.01.1998.
8.3. In the event of rejection of any Product of proper quality, the Online Store Owner shall refund its cost within 10 days from receipt of the Product and written request (demand) of the User. In the event of rejection of the Product of proper quality by the User, the cost of delivery of the Product from the User to the Online Store Owner shall not be refunded to the User, except where due to the Store Owner’s mistake the wrong Product was sent, incomplete Product was sent; in these cases the cost of delivery of the Product from the User to the Online Store Owner shall be refunded to the User.
8.4. Product of poor quality shall mean a defective product that cannot ensure the performance of its functional qualities due to a manufacturing defect. The received Product must comply with the description on the Website. Differences in any design or decoration elements from those declared in the description on the Website shall not be deemed to be a defect or non-functionality of the Product. The User may return the Product of poor quality to the manufacturer or to the Online Store Owner and require returning the paid amount of money within the warranty period or shelf life.
8.5. When transferring the Product, the User/Recipient must check its appearance and package, quantity of the Product in the Order, completeness, assortment (except for delivery by Russian Post). Where the Product is handed over to the buyer in violation of the terms and conditions of the agreement relating to the quantity, assortment, quality, completeness, packs and (or) package of the Product, the buyer may, within 20 days after receipt of the Product, notify the seller about such violations. In the event of courier delivery of the Product, the User/Recipient shall put his/her signature in the notice of delivery the field: “Order received, full completeness, delivery services provided. I have no claims for the quality and appearance of the Product. I have read and understood the terms and conditions for return of the Product”. After receipt of the Order, no claims for any external defects of the Product, its quantity, completeness and marketable condition shall be accepted.
8.6. Due to the specificity of remote sales method, the Product may be replaced only through the return of the Product and making a new Order for the similar Product.
8.7. In the event of repudiation of the agreement, the User shall return the Product to the Online Store Owner. The reasonable demand to refund the paid amount may be satisfied only after the receipt of the returned Product by the Online Store Owner.
8.8. Money paid by the User for the Product that was not actually transferred (including in the event of the User’s rejection of the prepaid Product) shall be returned within 10 days from receipt of the User’s written request to return the money.
8.9. In the event of downloading the Content of poor quality, the User shall be entitled to require another opportunity to download the Content by sending the relevant message to Technical Support Service indicating the defects.
9. Exclusive Rights to Content
9.1. Any Content posted on the Online Store, including elements of design, text, graphics images, illustrations, scripts, programs, sounds and other objects and their selections shall be the objects of property rights of the relevant copyright holder; all rights to such objects are reserved.
9.2. The use of the Content and Product to which the User gained access exclusively for personal, family, home and other needs not associated with the performance of entrepreneurial activities shall be allowed provided that all copyright marks (copyright symbols) and other rights or notices of authorship are preserved, the author’s name is preserved intact, the work (content unit) is preserved intact.
9.3. Information published on the Website may not be treated as granting any licensing rights to intellectual property owned by the Online Store Owner or third parties.
10. Termination and Suspension of this Agreement
10.1. The User has been informed that the Online Store Owner shall have the right to delete the User’s account or suspend The User’s access to the Online Store in the event of:
10.1.1. Breach of the terms and conditions of this Agreement by the User;
10.1.2. Discovery of incomplete, unreliable or outdated information provided by the User;
10.1.3. Violation of the intellectual property laws of the Russian Federation by the User;
10.1.4. Use of the Online Store in any way that may hinder normal functioning of the Online Store and its services;
10.1.5 Use of automated scripts (programs) to collect information and/or interact with the Online Store and its services, including commercial applications bulk file uploads as a replacement of client software;
10.1.6. Any attempt (through password mining, hacking or otherwise) to gain access to someone else’s account against the will of the person it belongs to;
10.1.7. Any attempt to misrepresent himself/herself as someone else or as a representative of an organization and/or community, including in the process of registration;
10.1.8. Use of the link to the Online Store pages in spamming (junk mail advertising without consent of recipient);
10.1.9. Placement of home addresses, telephone numbers, e-mail addresses, passport details and other personal information of other Users or any third parties in the Online Store without their personal consent for doing so;
10.1.10. Unauthorized access to the server and to the Users’ account;
10.1.11. Sensing, scanning or testing of resource security;
10.1.12. TCP/IP falsification;
10.1.13. Decoding, decompiling, disassembly, and any impact on the software resource;
10.1.14. Blanking other users in the use of resources;
10.1.15. Unauthorized content reproduction;
10.1.16. Transfer, distribution of the Content downloaded in any way to third parties both in whole or in part, communication of the Content on the air or by cable, content reproduction i.e., manufacturing of the Content copies or any part thereof in any tangible form if such reproduction is aimed at further distribution, making available the to the general public using the Internet and other digital networks, process the Content, public performance of the Content, renting the Content, as well as in the event of use of the Content for any commercial purposes.
10.2. Any failure to act on the part of the Online Store Owner in the event of violation of provisions of this Agreement by any of the Users shall not deprive the Owner of the right to take relevant actions to protect its interest in future, shall not be the waiver of the Online Store Owner of its rights in the event of the same or similar violations in future.
11. User’s Rights and Obligations
The User shall be entitled to:
11.1. Browse the Website, catalogues and description of the Content/ of the Product the access to which is granted in the Online Store. The Users that passed the registration procedure shall be provided with access to the Online Store, including the opportunity to post information about them, participate in discussion, and use other services in accordance with the terms of provision thereof.
11.2. Delete his/her account from the Online Store by contacting Technical Support Service at any time.
11.3. File claims to Technical Support Service in the event of any claims for the Online Store and its services.
11.4. The User shall respect exclusive and personal non-property rights of authors and other copyright holders when using the Content the access to which is provided by the Online Store.
11.5. The User agrees not to reproduce, duplicate and not to copy, sell and resell, not to do other actions that may be understood as such, as well as not to use for any commercial and other purposes any parts of the Online Store.
12. Online Store Owner’s Rights and Obligations
12.1. Upon receipt of the User’s notice of revocation of consent to collection, storage and processing of his/her of the Personal Data, the Online Store Owner shall discontinue the processing thereof and shall destroy the Personal Data relating to the User.
12.2. The Online Store Owner shall be entitled to seek legal redress.
12.3. The Online Store Owner shall be entitled to use “cookies” technology that will be used solely for collection and analysis of information in order to generate statistics and optimize advertising messages.
12.4. The Online Store Owner shall perform data backup for the purpose of prompt restoration of the Personal Data modified or destroyed due to unauthorized access thereto, and shall permanent control to ensure the level of protection of the Personal Data.
13. Limitation of Liability of the Online Store Owner
13.1. The Online Store Owner shall ensure the operation of the Online Store, however it shall not be liable for its uninterrupted operation, loss of any data posted in the Online Store or for causing any other losses that occurred or that may occur when using the Online Store.
13.2. The Online Store Owner shall not be liable for non-performance or improper performance of its obligations resulting from failures in the telecommunication and power networks, actions of malware, as well as for any wrongdoing of third parties aimed at the unauthorized access and/or disabling of software and/or hardware system of the Online Store from running.
13.3. The Online Store Owner shall not be liable for incorrect functioning of the Online Store and/or malfunctions and interruptions in the operation of the Online Store and/or damage or loss of data contained in the Online Store, if they were caused circumstances of insuperable force, including in the event of fire, epidemics, extraordinary weather conditions, power supply outages, distribution viral computer programs, failure of electronic elements or their components, and if such circumstances were caused by intentional illegal acts of third parties.
13.4. The Online Store Owner shall not be liable for any acts of the third parties that gain access to information about the User as a result of use of the Internet and use of the Website and for any consequences of use of the relevant information which is accessible for any user on the Internet due to the nature of the Website.
14. Other Terms and Conditions
14.1. The User and the Online Store Owner agree that all possible disputes in connection with this Agreement and provision of services will be resolved in accordance with provisions of applicable laws of the Russian Federation.
14.2. No statutory regulations on consumer rights protection may apply to this Agreement with regard to the services provided to the User on a free-of-charge basis.
14.3. Nothing in the Agreement shall be construed as establishing agency, partnership, and joint venture, employment relationship between the User and the Online Store Owner or other relations not expressly provided for in the Agreement.
14.4. Any provisions of this Agreement held invalid or unenforceable by court shall not entail invalidity or unenforceability of other provisions hereof.
15. Final Provisions
15.1. This Agreement shall be governed and construed in accordance with the laws of the Russian Federation.
15.2. This Agreement and any published amendments hereto shall be in full force and effect during the entire period of use of the Online Store by the User, and shall survive within 1 (one) year after the last activity of the User on the Website.
15.3. If, for whatever reason, one or more provisions of this Agreement are held invalid or unenforceable, this shall not affect the validity and or enforceability of the remaining provisions.
