1. General provisions

    • 1.1. The present Agreement regulates the order and principles of https://storemood.com website and of its site-sattelites usage, as well as of subdomains, including loading, acquisition and downloading of photos, illustrations, images or other pictorial or graphical works (photomaterials) to or from https://storemood.com website, as well as principles and conditions of use of all services and tools of the given site.
    • 1.2. The site gives its users an opportunity, in compliance with the present Agreement as well as with other documents regulating legal relationship of commiting actions on the site, to acquire photos, to sell photos, to put an information about places for making photoshoots, to publish photos, to add information about places and some other opportunities available on the site.
    • 1.3. Subject to the provisions of the Civil Code of the Russian Federation (article 428), the present Agreement is recognized as a contract of accedence.
    • 1.4. The administration of the site reserves the right to make changes in the present Agreement, providing the users' notification about the changes through dispatch on the e-mail addresses indicated by the user at the registration.
    • 1.5. Beginning to use a service, or separate functions of the site, or completing the procedure of registration, the user is considered to have accepted the conditions of the Agreement in corpore, without any stipulations or exceptions. In case of the user’s disagreement with any of the provisions of the Agreement, the user does not have the right to use the services of the site. In case if the administration of the site has made any changes in the Agreement by the way provided in the point 1.3 of the Agreement, which the user does not agree with, he should stop the usage of the site.

    2. The used terms

    • 2.1. Administration of the site — the site rightholder's assignee officials, exercising control and management over the functioning of the site.
    • 2.2. Content — under content in the present Agreement is understood the subcollection of the whole information and materials of any type: be it textual, graphical or any other information placed by the administration of the site or by the rightholders cooperating with the administration of the site.
    • 2.3. User — physical body of private interests, or a representative of legal entities having agreed with the conditions of the present Agreement and having registered accounts on the site.
    • 2.4. Profile – the profile is considered to be the type of account chosen by the user, having a definite set of probable actions performed on the site. The following types of profiles are used on the site:
      • - unregistered user
      • - registered user unconfirmed
      • - registered user confirmed
      • - photographer
      • - seller
      • - administrator
    • 2.5. Notifications – official notice of the user by the administration of the site on any matter connected with the order of the usage of the site.
    • 2.6. Site — e-portal belonging to "Dom Metenkova" LLC by the right of property (Certificate of state registration â„– â„– 1146685011043 dated «11» March 2014, VATIN: â„–6685055390 dated «11» March 2014, legal address: the Russian Federation, Ekaterinburg, str. Kuibyshev 86, Bldg. 1, m. 112) placed on domains: http://storemood.com https://storemood.com, as well as on subdomains connected with them.
    • 2.7. Service — a complex of services and works rendered to the user by the administration of the site with the usage of capabilities and toolbox of the site.
    • 2.8. Agreement — the present Agreement with all its amendments and changes.
    • 2.9. Parties — co-signatories of the present Agreement.

    3. Registration on the site

    • 3.1. In order to use some services of the site or some separate functions of the services, the user should pass the procedure of registration in the result of which an unique account will be created for the user.
    • 3.2. For the registration the user undertakes to provide trustworthy and full information about himself on the questions brought in the form of registration and to keep this information in the actual condition. If the user brings incorrect information or the administration of the site is justified to suppose that the provided information by the user is incomplete or inauthentic, the administration of the site has the right, at its discretion, to block or to delete the user’s account and to deprive the user of the right to use tools and services of the site completely or partially.
    • 3.3. The administration of the site does not bear responsibility for the accuracy of the information provided by the user at the registration.

    4. Personal data defence

    • 4.1. Registering himself on the site, the user expresses consent on his personal data processing as well as on performing of the actions provided by p.3 art.3 of Federal Law dated 27.07.2006 â„– 152-ФЗ «About personal data», soever, for purposes of signing and execution of contracts between the user and the administration of the site.
    • 4.2. Subject to the provisions of Federal Law of the Russian Federation dated 27.07.2006 â„– 152-ФЗ «About personal data», the administration of the site is considered to be the operator of personal database.
    • 4.3. The announcement of personal data is voluntary. The user of the site has the right to change or to delete his personal data completely or partially subject to the requirements of the present Agreement.
    • 4.4. The administration of the site undertakes not to disclose, not to diffuse and not to use in other ways the personal data about the users, with the exception of the cases provided by the Federal Law of the Russian Federation dated 27.07.2006 â„– 152-ФЗ «About personal data», by the present Agreement and (or) by other documents regulating the usage of the site.
    • 4.5. By confirming the registration on the site, the user confirms the fact that he has given correct, trustworthy and true information about himself, gives his consent to use his personal data with a view connected with the work and functioning of the site.
    • 4.6. By confirming the consent with the present Agreement, the user admits and agrees that in case of placement of his personal data with the usage of the site by the way providing their availability for Internet users, the personal data are considered as available to all. The user also admits that his personal data are considered as available to all in cases when, in compliance with the legislation of the Russian federation, a requirement of observance of confidentiality does not apply to them.

    5. General conditions of usage by the materials of the site

    • 5.1. The whole content, placed on the site, is an object of intellectual right of the administration of the site or of the rightholders cooperating with the site, and is protected in compliance with the legislation of the Russian Federation and international documents ratified by it. Any breach of copyright or allied right is punishable and is prosecuted in compliance with the legislation of the Russian Federation and international statutory acts.
    • 5.2. The view of content is free of charge.
    • 5.3. Downloading of photomaterials, which form an integral part of the content, is possible only by way provided by the present Agreement as well as by the agreement “About acquisition of photomaterials”.
    • 5.4. Any usage of the content (except view), including the diffusion by the way of information-telecommunicational network (including internet), digital or polygraphic replication, reproduction, publication in digital or polygraphic form, processing either completely or partially with a view of creation of derivative work, requires signing of license contract with the administration of the site.
    • 5.5. Apart from the cases provided by the present Agreement and (or) license contract, any complete or partial copying, processing, diffusion and other usage of the content is prohibited. With a view of prevention of illegal access and usage, the content may be protected with the application of special software and other technologies. The user undertakes not to make any attempts with a view of evasion or minimization of the action of the given technologies. If the user does not agree with the application of special software and other technologies aimed at the protection of the content from illegal usage, he undertakes to reject the usage of the given site.
    • 5.6. The administration of the site provides the registered confirmed user with the right of gratuitous functional usage of the site and its functional capabilities on terms of simple (unexceptional) inexpressible license and within its functional capabilities.
    • 5.7. The administration of the site reserves the right to establish limitations on parameters, volume and composition of the information materials placed by the user, as well as to bring other limitations of the usage of the site the information about which will be brought to the user’s notice in the form and by way at the option of the administration of the site.
    • 5.8. The usage of the site by other means is prohibited.

    6. License on usage of user materials

    • 6.1. By accepting the conditions of the present Agreement, the user gratuitously provides the administration of the site with the permit of usage of the materials which are added and used by the user on the site.
    • 6.2. The indicated permit of usage of the materials is given to the administration of the site simultaneously with adding of the materials on the site of administration by the user on the whole period of effect of exceptional rights on the objects of intellectual property or the protection of non-property right on the indicated materials for usage on the territories of all the countries of the world.
    • 6.3. Within the simple (unexceptional) license given by the user to the administration of the site, the latter is permitted to use the materials in the following ways:
      • - reproduce materials, i.e. perform the production of one or more copies of materials in any material form as well as their recording in the memory of electronic device (right on reproduction);
      • - diffuse copies of materials, i.e. give access to the material reproduced in any form, including by network and other means, as well as by way of selling, hire, lease, including import for any of the these aims (right on diffusion);
      • - show materials publicly (right on public show);
      • - execute materials publicly (right on public execution);
      • - disclose materials so that everyone may have access to it in interactive mode from any place and at any time at his own option (right on bringing to general notice);
      • - modify materials, i.e. make over or process materials in other way, including translation of materials from one language into another (right on processing);
      • - right to transmit all or a part of the received rights to third parties (right on sublicensing);

    7. User’s guarantees

  • By accepting the conditions of the present Agreement, the user confirms and guarantees the following:
    • 7.2. The user possesses all necessary rights and authorities for signing the present Agreement as well as for its execution;
    • 7.3. The usage of the site will be performed by the user exceptionally for purposes permitted by the present Agreement with observance of its provisions, of the provisions of other documents regulating legal relationship of performance of actions on the site and requirements of applicable law and standard practice;
    • 7.4. The user shall not perform actions which conflict or impede provisioning of the site or the work of corresponding equipment, network or software with the help of which the work of the site is carried out.
    • 7.5. The usage of the site by the user for specific aims does not violate third parties’ property and/or personal non-property rights, as well as embargos and limitations established by the applicable law including without limitation: copyright and allied rights, rights on trademarks, service marks and names of points of origin of the goods, rights on industrial models, right on usage of people’s images, materials provided by the user do not contain information and/or icons offending honour, dignity and working reputation of the people propagandizing violence, pornography, drugs, racial or national enmity, and the user has received all necessary permits from authorized people regarding the usage of such materials if the liability and obligation of getting such permit is determined by the corresponding legislation.
    • 7.6. Provisions on additional guarantees of some types of profiles are regulated in chapters 11 and 12 of the present Agreement.

    8. Limitations

  • Having agreed with the conditions of the present Agreement, the user understands and acknowledges that:
    • 8.2. Relative the parties on providing the site free of charge are not applied provisions of legislation about the protection of the users’ rights.
    • 8.3. Transfer of photomaterials to the user’s property is performed on the basis of the Agreement “About acquisition of photomaterials”, in compliance with which the parties on the contract are physical bodies, accordingly legal relationship of the parties as well as the consequences of settlement of transaction are regulated in compliance with the above-mentioned Agreement, the site StoreMood exacts commission only for rendering services – tools and capabilities of the site, accordingly, taking into account also the requirements of the point 8.3 of the present Agreement, provisions of the legislation of the Russian Federation about protection of users’ rights can not be applied to the given transactions.
    • 8.4. The service is provided on the principle “as is”, because of which the user does not get any guarantee that the site will meet his requirements; services will be rendered continuously, quickly, safely and without mistakes; the results which may be achieved with the result of the usage of the site will be exact and safe; the quality of any product, service, information and user material, acquired with the usage of the site, will meet the user’s expectations; all mistakes in the software of the site will be corrected.
    • 8.5. The whole responsibility on keeping of materials and compliance with the requirements of the applicable law bears the person who has created the mentioned materials and/or added them on the site.
    • 8.6. The administration of the site is by no means connected with the materials provided and/or placed by the user on the site, and does not perform check of keeping, authenticity and safety of these materials or their components, as well as their compliance with the requirements of the applicable law and the necessary measure of rights at the user’s disposal on its usage.
    • 8.7. Particularly it is prohibited that the user uses the site for:
      • - placement and/or diffusion of infringing materials;
      • - placement and/or diffusion of materials of pornographic character, as well as propaganda of pornography and child’s erotica and advertisement of intimate services;
      • - placement and/or diffusion of any other prohibited information, including materials of extremist character, as well as directed to infringement of rights and freedom of a person on the basis of racial and national belonging, worship, language and sex inciting to performance of violence acts toward a person, or to inhuman treatment with animals, appealing to performance of other illegal actions including those of enlightening the order of making and using of weapons, drugs and their analogues, etc.;
      • - privileged or exceptional placement of references on other sites;
      • - diffusion of advertising materials through private messages to other users without getting their primary permit on their receipt (embargo on spam diffusion);
    • 8.8. In spite of the established embargo, when using the site the user may receive materials, which he takes for containing information of offensive or indecent character, as well as violating the applicable law in another form.
    • 8.9. In case of discovery of violation of his rights and/or interests provided by the site, including illegal placement of materials by another user, the user, whose rights have been violated, should inform the administration of the site about it. The user should, in this regard, notify the administration of the site in written through feedback with detailed statement of facts of the violation and hypertext reference on the page of the site, containing materials which the user’s rights and/or interests are violated by.
    • 8.10. In case of occurence of third parties’any claims connected with the violation of third parties’any property and/or personal non-property rights as well as embargos and limitations established by legislation, the user should, upon request of the administration of the site, pass an official identification providing the administration of the site with notarized engagement to settle the occured claims by himself and at his own expenses indicating his passport details.
    • 8.11. The administration of the site reserves the right to delete any material from the site or temporarily limit the access to them one-sidedly without explaining why.
    • 8.12. In case of multiple or gross violation of the conditions of the present Agreement and/or requirements of legislation, the administration of the site reserves the right to block the user's account completely, delete him or, by other means, limit (stop) providing services of the site.
    • 8.13. In case of calling the administration of the site to account or imposing a penalty on it connected with the violation of third parties' rights and/or interests made by the user, as well as embargos and limitations established by legislation, the user should repair the damages of the administration of the site in corpore.
    • 8.14. The administration of the site does not bear responsibility for the usage of the user's public personal data by anyone.
    • 8.15. Under any consequence the responsibility of the administration of the site is limited to pecuniary compensation in the amount equal to 10 (ten) USD in re-calculation to RUR and lays on the administration of the site only at the presence of fault in its actions.

    9. Notifications

    • 9.1. The user gives his consent to receive notifications about important events happening within the site or connected with it from the administration of the site by way of sending them to the e-mail address indicated in the user's profile.
    • 9.2. The administration of the site has the right to use notifications for informing the user about the capabilities of the site, changes of rules of the site usage, conditions of the agreements of the site, etc.

    10. Settlement of transactions

    • 10.1. Registered confirmed users, photographers and sellers have the right to settle transactions provided by the interface of the portal.
    • 10.2. The order of acquisition of photomaterials by the user, as well as all other transactions, the conclusion of which is possible with the usage of the site, is regulated by the agreement “About the order of acquisition of photomaterials”.
    • 10.3. By giving his consent with the User Agreement, the user also agrees with the conditions of the agreement “About the order of acquisition of photomaterials”.

    11. Photographer’s guarantee (a person using the type of profile “Photographer” on the site)

    • 11.1. The person using the type of profile “Photographer” (hereinafter referred to as “ Photographer”) undertakes not to admit any action directed to evasion of the present Agreement and other documents regulating legal relationship of the parties using the site.
    • 11.2. The photographer does not have the right to receive cash assets from any person being a user of the site as well as to pass photomaterials to them by evasion of the present Agreement and other documents regulating legal relationship of the parties using the site.
    • 11.3. All transactions, regarding the realization of the services of the site and photomaterials, the photographer undertakes to perform in compliance with the present Agreement and with the agreement “About the acquisition of photomaterials” through the payment system of the site.
    • 11.4. In case of violation of the points 11.1, 11.2 and 11.3 the photographer undertakes to pay off a compensation in the amount of 3000 USD to the administration of the site during 14 days.

    12. Seller’s guarantee (a person using the type of profile “Seller” on the site)

    • 12.1. The person using the type of profile “Seller” (hereinafter referred to as “ Seller”) undertakes not to admit any action directed to evasion of the present Agreement and other documents regulating legal relationship of the parties using the site.
    • 12.2. The seller does not have the right to receive cash assets from any person being a user of the site as well as to pass photomaterials to them by evasion of the present Agreement and other documents regulating legal relationship of the parties using the site.
    • 12.3. All transactions, regarding the realization of the services of the site, the seller undertakes to perform in compliance with the present Agreement and with the agreement “About the acquisition of photomaterials” through the payment system of the site.
    • 12.4. In case of violation of the points 12.1, 12.2 and 12.3 the seller undertakes to pay off a compensation in the amount of 3000 USD to the administration of the site during 14 days.

    13. The applicable law.

    • 13.1. In compliance with the norms of international-private law, the parties of the contract have the right to determine on their own the law of the country which is to be applied to their rights and obligations according to the contract (applicable law).
    • 13.2. To all the legal-relationship occuring from the usage of the site as well as to all the dispositions of the present Agreement and of other agreements between the user and the administration of the site, the law of the Russian Federation shall apply.

    14. Other conditions

    • 14.1. The registered user determines on his own the order of usage of the account created by him and chooses the type of profile. However, the order of usage of the account by the user by no means can conflict the present Agreement and other documents regulating the rules of usage of the site.
    • 14.2. The present Agreement, the order of its signing and execution as well as matters not regulated by the present Agreement are regulated by the legislation in force of the Russian Federation.
    • 14.3. Pre-trial order of settlement of disputes connected with the usage of the site is obligatory.
    • 14.4. In case the parties can not settle the occured dispute between themselves on their own, the dispute is settled by attracting mediators. The payment of the services rendered by the mediator the parties incur on their own share and share alike.
    • 14.5. In case the parties can not settle the occurred dispute between themselves either on their own or by attracting mediators, the disputable situation is subject to investigation at court of site rightholder’s location.
    • 14.6. The present Agreement can be changed or annuled by the administration of the site one-sidedly without prior notification of the user and without payment of any compensation in connection with it.
    • 14.7. The acting edition of the present Agreement is placed on the site of administration and is available in internet by the address: https://www.storemood.com/license