This User Agreement (hereinafter referred to as the Agreement) is entered into between an individual acting in his or her own interests or in the interests of other persons (hereinafter referred to as the User), and “Kopirka” LLC being the copyright holder of the exclusive right to the Internet web-site: https://kopirka.ru (hereinafter referred to as the “Web-site”), hereinafter collectively referred to as the “Parties”. It defines the rights and obligations of the User and the Copyright Holder when using the Web-site.

TERMS AND DEFINITIONS

Contractor / Seller / Web-Site Owner - ООО «Kopirka» LLC.

Web-Site Administration - authorized employees of ООО «Kopirka» LLC.

Internet service - a web-site owned by the Contractor, located on the Internet at: https://kopirka.ru, нon which one ca find photo product templates, as well as services that the Contractor offers to Customers for processing Orders based on Customer’s photo materials, as well as methods of payment and delivery of these Orders to Recipients.

Web-site / Internet site / Internet service site - set of computer programs, information, other web-site content posted on the Internet at: https://kopirka.ru.

User - a person having access to the Web-site (regardless of the fact of registration on the Web-site) and using the Web-site.

Customer / Consumer - a citizen who has the intention to order or purchase, or a citizen ordering, purchasing or using Photo Products made of the Customer’s layouts exclusively for personal, family, home and other needs not related to business activities.

Recipient — an individual specified by the Customer as the recipient of the Order.

Parties - parties to the contract and/or service agreement entered into between the Consumer and the Contractor, works and/or services under which are rendered by remote method.

Web-site content / Internet service content / Content - protected results of intellectual activity, including texts of literary compositions, their names, forewords, annotations, articles, illustrations, covers, musical works with or without text, graphic, textual, photographic, derivative, composite and other works, user interfaces, visual interfaces, trademark names, logos, computer programs, databases, as well as design, structure, choice, coordination, appearance, and general style and position of this Content, which is part of the Web-site and other intellectual property objects, collectively and/or separately contained on the web-site of the Internet service.

Photo products - photographic products, souvenir and printing products made by the Contractor on the basis of Customer’s layouts. Services are services rendered by the Contractor in connection with the execution of works on the manufacture and delivery of Photo Products.

Account –the User’s account containing information about the personal data provided by the User, as well as other information that the Copyright Holder deems necessary to record for the use of the Web-site by the User. Registration – filling in the necessary personal data requested by the Web-site in order to identify the User.

Content – the content of the Web-site.

Ordering – filling the “Cart” with photo product layouts created by the User on the basis of photographic materials, indicating the number of photographic materials, choosing a payment method, choosing a delivery method from among the proposed options, completed by filling out a special form posted on the web-site.

Layout – a preliminary sample of the photo products posted by the User on the Copyright Holder’s web-site, based on the User’s photo materials. Template is a sample of photo products, posted on the web-site. Photo materials – photos and/or graphic images posted by the user on the Web-site.

GENERAL PROVISIONS

2.1. The User, prior to registering on the Web-site and subsequently, is obliged to get acquainted with the text of this Agreement and other documents. After registering on the Web-site, the User is deprived of the opportunity to refer to the lack of awareness on any issues settled by this Agreement or other documents of the section.

2.2. This Agreement governs the relationship between the Web-site Administration and the User of this Web-site.

2.3. The Web-site Administration reserves the right to change, add or delete clauses of this Agreement at any time without notifying the User.

2.4. By registering on the Web-site or in any other way using the Web-site, the User expresses his full and unconditional acceptance of all the terms of this Agreement. The User is obliged to fully familiarize himself with this Agreement prior to registration on the Web-site. Registration of the User on the Web-site means complete and unconditional acceptance by the User of the terms of use of the Internet service in accordance with the terms of this Agreement.

2.5. The User is personally responsible for reading this Agreement and amendments thereto. The new version of the Agreement comes into force from the moment of its posting on this page, unless otherwise provided by the new version of the Agreement.

SUBJECT MATTER OF THE AGREEMENT

3.1. The subject matter of this Agreement is to provide the User of the Web-site (Internet service) with access to the software for the performance of work and/or provision of services for the manufacture and delivery of photo products based on the User’s models. The Web-site is intended to inform the User about the works and services implemented through the Web-site, to enable the User to further purchase photo products for a fee, to use the Web-site services.

3.1.1. The Internet service provides the User with the following types of services:

  • access to electronic content free of charge, with the right to view it;
  • access to Internet search and navigation tools;
  • access to information about works and services; about the characteristics and properties of photo products; about the methods and conditions of payment and delivery of photo products;
  • search for photo product templates, in accordance with the request of the User among the offers posted on the Web-site;
  • use of free online editor, photos to create photo product layouts;
  • order of photo products and services;
  • receiving information about the status of the order;
  • receiving news about services, offers, promotions and discounts of the Internet service and/or its Partners;
  • other types of services implemented on the Internet service pages.

3.1.2. This Agreement covers all the existing (actually functioning) services of the Web-site at the moment, as well as any subsequent modifications and additional services of the Web-site, Internet service that appear in the future.

3.2. Access to the Web-site, Internet service is provided free of charge. Relations on the acquisition of works and services that are of a compensatory nature are settled by a separate document – a public offer for the conclusion of contract agreements.

GENERAL TERMS OF USE OF THE WEB-SITE

4.1. The Internet service provides the User with the opportunity to purchase photo products made of the User’s layouts based on the User’s photo materials and the order of services presented on the Web-site. Acquisition of photo products made of the User’s layouts and services is possible on the terms of a public offer for the conclusion of contract agreements, presented on the Web-site.

4.2.4.2. Production of photo products of the User’s layouts and the services offered on the Web-site requires the creation of a user account. When creating an account (upon registration), the user specifies his e-mail address to which the Web-site Administration sends a letter confirming registration and a password to enter the personal account on the Web-site. The User agrees not to disclose to third parties the login and password specified during registration.

4.3. To form an Order on the Web-site after registering/logging into an account, the User must perform the following actions:

4.3.1. select the type of photo products offered on the Web-site;

4.3.2. upload necessary photographic materials to the Web-site;

4.3.3. Fill in the photo product template (insert a photo into a photo souvenir, select a photo size, type of photo paper, etc.), view the image of the photo production layout in the cart, agree that it is in this form that the photo products will be printed and, if necessary, make some changes;

4.3.4. send an order to the cart and start placing an order;

4.3.5. select a delivery method and fill in all fields required for product delivery;

4.3.6. choose a payment method: bank card or yandex.money payment system;

4.3.7. to confirm the Order, check the box “I have checked the information and confirm that the layout is ready for printing”;

4.3.8. confirm the order and agree to the terms by clicking the “place an order” button.

4.4. Information about the order, including its delivery performance status, can be viewed on the web-site in your account in the “Order History” section.

4.5. The procedure for processing by the Internet service of the information specified in clauses 4.3, 4.4. is regulated by the Agreement on the observance of confidentiality of personal data and the Regulation on the processing of personal data posted on the Web-site.

4.6. The User acquires the rights to photo products on the basis of a contract agreement entered into with the Contractor by performing implicative actions, namely: after filling out the “Cart” on the web-site, specifying the number of photo products in the order form, choosing the delivery methods and payment. The User agrees to the terms of placing orders, sales, delivery of orders and other conditions contained on the Web-site, when placing an order.

4.7. The Internet service is not responsible for the activities of third parties (payment services, delivery services, etc.), but may be directly involved in the consideration of any disputes related to the implementation of their activities, if it relates to transactions carried out on the Web-site.

4.8. Internet connection is required to use the Web-site. The Internet service is not responsible for possible adverse consequences for the User caused by the inability to connect to the Internet.

4.9. The content of the Web-site may not be copied, published, reproduced, transmitted or distributed in any way, as well as posted on the Internet global network without the prior written consent of the Web-site Administration.

4.10. The content of the Web-site is protected by copyright, trademark law, as well as other provisions of the legislation of the Russian Federation relating to the protection of intellectual property, and protection against unfair competition.

4.11. The Web-site Administration has the right to unilaterally cancel the User account, if the User behaved incorrectly in relation to other users of the Internet service, posted obscene information prohibited by the legislation of the Russian Federation and in other cases stipulated by the agreements between the Web-site and the User.

4.12. This Agreement covers all additional terms and conditions of manufacture of photo products and the provision of services provided on the Web-site.

4.13. Information posted on the Web-site should not be construed as an amendment to this Agreement.

4.14. The Web-site Administration has the right to make changes to the list of photo products sold through the Internet service and services offered on the Web-site, and (or) the prices applicable to the photo products and (or) services rendered by the Internet service at any time without any notice to the User.

4.15. The relationship between the Owner and the User is governed by this Agreement, as well as other documents posted on the Web-site.

4.16. Any of the documents of the Web-site may be subject to updating. Changes shall take effect from the moment they are published on the Web-site.

4.17. The User can indicate on the Web-site a link to his (her) page (s) on social networks (Vkontakte, Facebook, Yandex, Instagram, Mail.ru, Odnoklassniki, Vkontakte, twitter, facebook, etc.). All personal data of social networks is recognized as publicly available, and the Contractor shall not be responsible for their processing and possible use by third parties.

PERMITTED USE OF THE WEB-SITE AND USER WARRANTY

5.1. The User has the right to use the Web-site to create photo product layouts.

5.2. The User guarantees that he/she is the sole legal owner of the photographic materials used by him/her on the Web-site, which that he/she owns exclusive rights to use, distribute and display the sent photographic materials and/or is the author of the photographic materials. In case of any claims to the Owner by third parties related to the placement of photographic materials by the Users with the rights to use the image and/or the name of a citizen, in violation of copyright or related rights of third parties, the User undertakes to settle these claims independently and at his/her own expense.

5.3. The User confirms that the photo materials used by him/her should not contain any call for violence, insults and/or other contexts that may offend and/or humiliate, offend the honor, moral principles of other users of the Web-site, including, but not limited to, erotic and/or pornographic, violent and/or other scenes that may imply, consciously or unconsciously, or be regarded and/or perceived as intolerant, use of inscriptions or other graphic elements that may be accepted and/or regarded as letters, words or symbols containing and/or implying offensive language in relation to oneself, to religious beliefs, sexual preferences, national characteristics, language, ethnic or national identity, directly or indirectly, to other Users of the Web-site.

5.4. The User agrees not to use the Web-site, and also not to place orders for printing photo products through the Internet service in violation of the rights and legitimate interests of third parties and the laws of the Russian Federation, including:

5.4.1. not to post on the Web-site materials containing insults, slander, obscene expressions, pornographic or other materials contradicting moral norms; materials demonstrating or promoting cruelty, terror or violence that offend human dignity, as well as other materials that do not comply with the legislation of the Russian Federation or links to websites and other resources containing such materials;

5.4.2. not to post any information and materials containing threats, discrediting or insulting other Users or third parties, which are fraudulent, encroach on personal or public interests, promote racial, religious, ethnic hatred or enmity, as well as any other information that violates human and citizen rights protected by legislation of the Russian Federation;

5.4.3. not to carry out propaganda or agitation inciting social, racial, national or religious hatred and enmity, hatred of non-standard sexual orientation, propaganda of war, social, racial, national, religious or linguistic superiority;

5.4.4. not to describe or promote criminal activity, not to post instructions or guidelines for the commission of criminal acts;

5.4.5. not to post and not to transmit through the Web-site any information of limited access (confidential information), if the User is not authorized to perform these actions;

5.4.6. do not distribute spam, chain messages (messages requiring their transfer to one or several users), financial pyramid schemes or invitations to participate in them, as well as any other intrusive information;

5.4.7. not to post through the Web-site messages, graphics, photographs or other materials, posting of which causes or may cause damage to the honor, dignity and business reputation of any person or entity.

5.4.8. not to post personal data through the Web-site, including home addresses, phone numbers, email addresses, passport data and other personal information (personal data) of other Users or other persons without their prior consent.

5.4.9. not to post through the Web-site the results of any intellectual activity, the right to use which in this way is not available to the User.

5.4.10. not to post Content with images of individuals on the web-site without prior consent of such individuals, except as required by the laws of the Russian Federation./p>

5.4.11. not to post content with pre-election campaign materials on the web-site.

5.5. The User has the right to restrict or block access to viewing the Image, as well as remove it from the Web-site at any time without giving a reason.

5.6. The Web-site Administration has unlimited access to the User’s personal profile, his/her albums, photos, layouts, other data posted by the User through the Web-site.

5.7. The Web-site Administration has the right to delete the User’s profile in case there are circumstances indicating that the profile is being used for fraudulent, criminal, terrorist purposes, violates the rights and legitimate interests of third parties, in any other way contributes or may contribute to the violation of the legislation of the Russian Federation.

RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. The Web-site Administration shall be entitled as follows:

6.1.1. The Administration has the right to provide the User with access to the Web-site and maintain the Web-site and Services in working condition, change the terms of use of the Web-site, as well as change the content of this Web-site. Changes take effect from the moment of publication of the new version of the Agreement on the Web-site.

6.1.2. The Administration reserves the right to monitor the User’s activities as part of his/her use of the Web-site and Services and to prevent the publication of any materials violating this Agreement, as well as to take measures to hold the User liable under this Agreement and under the authority of the Administration.

6.1.3. The Administration has the right to carry out post-moderation of the User’s personal profile and materials after publication, under which:

  • if the User posts information on the Web-site or performs other actions that do not comply with the terms of the Agreement, the Administration has the right, without notice, at its sole discretion, to fully or partially delete the information posted by the User, including information in respect of which it is difficult to determine its compliance with the Agreement and/or applicable legislation of the Russian Federation;
  • for violation of the terms of this Agreement, the Administration has the right to block the User’s access to the Web-site and/or delete the User’s account without prior notice.

6.1.4. The Administration has the right to use (process etc.) personal data specified by the User during registration, as well as to send to the email address provided by the User and place in the space limited by the User’s access advertising and informational messages at their discretion, advertising materials of the Administration’s partners.

6.1.5. The Contractor is entitled to assign or otherwise transfer its rights and obligations arising from its relationship with the User to third parties without the consent of the User.

6.2. The User shall be entitled:

6.2.1. To get access to the use of the Web-site after complying with the registration requirements.

6.2.2. To use all the services available on the Web-site, as well as purchase any photo products offered on the Web-site on the basis of a contract agreement.

6.2.3. To ask questions related to the Internet service.

6.2.4. To use the Web-site solely for the purposes and in the manner prescribed by the Agreement and not prohibited by the laws of the Russian Federation.

6.3. The User of the Web-site undertakes:

6.3.1. To provide, upon request of the Web-site Administration, additional information that is directly related to the services provided by this Web-site.

6.3.2. To observe the property and non-property rights of authors and other copyright holders, when using the Web-site.

6.3.3. Not to take actions that may be considered as disrupting the normal operation of the Web-site.

6.3.4. Not to disseminate, using the Web-site, any confidential information and information protected by the legislation of the Russian Federation about individuals or legal entities.

6.3.5. To avoid any actions as a result of which the confidentiality of information protected by the legislation of the Russian Federation may be violated.

6.3.6. Not to use the Web-site to disseminate advertising information, except with the consent of the Web-site Administration.

6.3.7. Not to use the Web-site services with the purpose of:

6.3.7.1. downloading content that is illegal, violates any rights of third parties; promotes violence, cruelty, hatred and (or) discrimination on racial, national, sexual, religious, social grounds; contains inaccurate information and (or) insults to specific individuals, organizations, authorities.

6.3.7.2. incentives to commit unlawful acts, as well as assistance to persons whose actions are aimed at violating the restrictions and prohibitions in force in the territory of the Russian Federation.

6.3.7.3. violation of the rights of minors and (or) causing them harm in any form.

6.3.7.4. infringement of minority rights.

6.3.7.5. presenting oneself as another person or representative of an organization and/or community without sufficient rights, including employees of this Internet service.

6.3.7.6. misrepresentation regarding the properties and characteristics of any Photo Products or Internet service posted on the Web-site.

6.3.7.7. incorrect comparison of Photo Products and services provided by the Service, as well as the formation of a negative attitude towards persons who (do not) use certain Photo Products or services, or condemnation of such persons.

6.3.8. The User must immediately notify the Web-site Administration of the unauthorized use of his/her account or password or any other security breach.

6.4. The User is prohibited from:

6.4.1. Using any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or track the content of the Web-site.

6.4.2. Disrupting the proper functioning of the Web-site.

6.4.3. Bypassing in any way the navigation structure of the Web-site for obtaining or attempting to obtain any information, documents or materials by any means that are not specifically represented by the services of this Web-site.

6.4.4. Unauthorized access to the functions of the Web-site, any other systems or networks related to this Web-site, as well as to any services offered on the Web-site.

6.4.5. Breaking the security or authentication system on the Web-site or on any network related to the Web-site.

6.4.6. Performing a reverse search, tracking or trying to track any information about any other user of the Web-site.

6.4.7. Creating multiple accounts on the Web-site, if they actually belong to the same person.

6.4.8. Performing actions aimed at misleading other Clients regarding his/her identity, using the account of another person, deliberately distorting the vision of ​​himself/herself, her age or her relations with other persons or organizations.

6.4.9. Transferring to use his/her account and/or login and password of his/her account to third parties.

6.4.10. Placing information on the Web-site that violates the copyright and/or other rights of third parties and/or copyright holders, trademark rights, rights to an invention, utility model or industrial design and rights to other intellectual property owned by the Administration and/or third parties.

6.4.11. Placing information on the Web-site that violates the dignity of the individual, honor and good name, business reputation, privacy, personal and family secrets of third parties.

6.4.12. Placing on the Web-site materials of advertising, erotic, pornographic or offensive nature, as well as other information, the placement of which is prohibited or contradicts the norms of the current legislation of the Russian Federation.

6.4.13. Using scripts (programs) for automated information gathering and/or interaction with the Web-site and its Services.

6.4.14. Disseminating spam, as well as any other intrusive information that is not explicitly requested by other Users.

6.4.15. Posting any files that contain or may contain viruses and other malicious programs.

6.4.16. Accumulating and collecting e-mail addresses or other contact information and personal data of the Web-site Users by automated or other means for any purposes, including the purposes of sending unsolicited mail (spam) or other unwanted information.

6.4.17. Trying to access the account and/or login and password of another User in any way, including, but not limited to, by deception, abuse of trust, guessing login and password.

6.4.18. Placing on the Web-site home addresses, telephone numbers, email addresses, passport details and other personal information of other Users or any third parties without their personal consent to such actions.

6.4.19. Placing any information that, in the opinion of the Administration, is undesirable, does not correspond to the goals of creating the Web-site, infringing the interests of the Users or for other reasons being undesirable for posting on the Web-site.

6.4.20. Using the Web-site and its Content for any purpose prohibited by the laws of the Russian Federation, as well as inciting any illegal activity or other activity that violates the rights of the Web-site Administration or other persons.

RESPONSIBILITY

7.1. Any losses that the User may incur in case of intentional or careless violation of any provision of this Agreement, as well as due to unauthorized access to the communications of another User, or due to actions of other Users or third parties shall not be reimbursed by the Web-site Administration.

7.2. The Web-site Administration is not responsible for:

7.2.1. Delays or failures in the process of the operation, resulting from force majeure, as well as any case of problems in telecommunications, computer, electrical and other related systems.

7.2.2. Actions of transfer systems, banks, payment systems and for delays associated with their work.

7.2.3. Incorrect functioning of the Web-site, if the User does not have the necessary technical means for its use, and also shall not bear any obligations to provide users with such means.

7.2.4. Inability to place an Order on the Web-site for any reason.

7.2.5. Actions of postal service, courier service, payment services and other third parties.

7.3. The User shall be responsible for any actions on placing any Content and other information on the Web-site, for transferring or informing other Users and other persons of this information or Content, as well as for any interactions with other persons/Users within the Web-site.

7.4. The User warrants that he/she will not take any action aimed at causing damage to the owner of the rights to the Web-site, cellular mobile operators, copyright holders and other persons.

7.5. In case of violation of the rules for using the Web-site, the User undertakes to indemnify the Owner of the Web-site for damage caused by such actions.

7.6. Unless the User proves the opposite, any actions performed using his/her login and password are considered to be committed by the respective User. In case of unauthorized access to the User’s login and password, or distribution of the username and password, the User is obliged to immediately notify the Web-site Administration in the prescribed manner.

7.7. Recognizing the international nature of the Internet, the User assumes responsibility for compliance with all relevant rules and laws relating to the actions of the User on the Internet.

7.8. The Web-site Owner is not responsible for any errors, omissions, interruptions, deletions, defects, delay in processing or transferring data, communication lines failure, theft, destruction or unauthorized access to user materials posted on the Web-site or in any other place.

7.9. The Web-site Owner is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of email services or scripts for technical reasons.

7.10. The Web-site Owner is not responsible for any damage to the User’s computer or another person’s computer, mobile devices, any other equipment or software, caused or associated with downloading materials from the Web-site or using the links posted on the Web-site.

7.11. The Web-site Owner is not responsible for the presence of viruses on the Web-site, as well as for the possible consequences of infecting a mobile device or a computer of the User with viruses or getting of other malicious programs on the User’s mobile device or computer. The Web-site Owner provides the Web-site and the Web-site Software to the User “as is” without any additional warranties.

7.12. The Web-site Owner is not responsible and does not indemnify any damages, including lost profits, moral and other harm caused to the User or third parties as a result of their use of the Web-site, the contents of the Web-site or other materials accessed through the Web-site or in connection with the operation of the Web-site, as well as in all other cases provided for in this Agreement.

7.13. The User is personally responsible for maintaining the confidentiality of account information, including the password, as well as for all activities that are conducted on behalf of the Account User.

7.14. Under any circumstances, the responsibility of the Web-site Owner in accordance with Article 15 of the Civil Code of Russia is limited to 1,000 (one thousand) Russian rubles and is imposed on it, if there is guilt in its actions.

VIOLATION OF THE TERMS AND CONDITIONS OF THE USER AGREEMENT

8.1. The Web-site Administration has the right to disclose any information collected about the User of this Web-site, if the disclosure is necessary in connection with an investigation or complaint regarding the unauthorized use of the Web-site or to establish (identify) the User who may violate or interfere with the rights of the Web-site Administration or the rights of other Web-site Users.

8.2. The Web-site Administration has the right to disclose any information about the User that it deems necessary to comply with the provisions of current legislation or court decisions, ensure compliance with the terms of this Agreement, protect the rights or security of other Users and any third parties.

8.3. The Web-site Administration has the right to disclose information about the User, if the current legislation of the Russian Federation requires or permits such disclosure.

8.4. The Web-site Administration has the right to terminate and (or) block access to the Web-site without prior notice to the User, if the User violates this Agreement or the terms of use of the Web-site contained in other documents, as well as in the event of termination of the Web-site or due to a technical failure or problem.

8.5. The Web-site Administration is not liable to the User or third parties for the termination of access to the Web-site in case of violation by the User of any provision of this Agreement or another document containing the terms of use of the Web-site.

DISPUTE RESOLUTION

9.1. In the event of any disagreements or disputes between the Parties to this Agreement, a prerequisite before appealing to the court is to submit a claim (a written proposal for a voluntary settlement of the dispute).

9.2. If it is impossible to resolve a dispute on a voluntary basis, any of the Parties has the right to apply to the court for the protection of its rights, which are granted to them by the current legislation of the Russian Federation.

ADDITIONAL CONDITIONS

10.1. The Web-site Administration does not accept counter offers from the User regarding changes to this User Agreement.

10.2. The User shall grant his/her consent to the use of his/her personal data (last name, first name, patronymic, email address, telephone number, shipping address, passport details) for the purposes of performance of this Agreement, as well as for the purpose of sending advertising and marketing materials, with the right to transfer the User’s personal data to third parties and Partners of the Web-site Owner.

10.3. The User shall voluntarily provide information that is automatically transmitted to the Web-site Administration, when using the Web-site with the help of software installed on the User’s device, including IP address, cookie information, information about the User’s browser, location data of the User’s devices, data on the User’s actions on the Web-site, as well as other data about the User.

“Kopirka” LLC reserves the right to make changes to the existing Agreement, for which reason the User undertakes to regularly monitor any changes in the Agreement posted on the Web-site.