Public Offer.
Marina Aleksandrovna Zyryanova, professional income taxpayer (self-employed), Taxpayer Identification Number (TIN) 745 310 250 205 (hereinafter referred to as the Licensor), in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, hereby offers an unlimited number of persons to enter into a license agreement on the terms and conditions set forth below (public offer). Payment of the fee certains full and unconditional acceptance of this offer (paragraphs 1 and 3 of Article 438 of the Civil Code of the Russian Federation), as well as the fact that the Parties have entered into an Agreement on the terms and conditions of this offer (paragraph 1 of Article 433 of the Civil Code of the Russian Federation). In this case, proper fulfillment of the terms of the concluded Agreement is the responsibility of both Parties (Article 309 of the Civil Code of the Russian Federation). The Licensee is obligated to fully review this document before making payment.
1. Concepts used in this offer:
Photograph, work — the copyrighted object(s) (photographic works) posted by the Licensor on the Website, the rights to which are transferred in the manner established by this Offer.
Offer — this document, posted on the Internet at: marinazyryanova.ru/, which is the Licensor's official public offer to an unlimited number of persons under the terms and conditions set forth in the Offer.
Acceptance of the Offer means full and unconditional acceptance of the Offer by performing the actions specified in paragraph 2.3 of the Offer. Acceptance of the Offer creates the Agreement.
Agreement is the agreement concluded between the Licensor and the Licensee by accepting this Offer, under which the Licensor grants rights to use the Photographs in the scope, terms, and conditions specified in the Offer.
Licensor is the copyright holder of the Photographs who grants the License under this Offer.
Licensee is an individual or legal entity that has accepted the Offer, entered into a License Agreement with the Licensor, and receives the rights to use the selected Photographs.
License is the right granted to the Licensee to use the Photographs in certain ways, within the specified period, and in the territory in the manner determined by this Offer.
Exclusive License —the right granted by the Licensor to the Licensee to use the Photograph within the limits and under the established conditions specified in the Offer, under which a similar right to use the Photograph may not be granted to any third parties, and the Licensor forfeits the right to independently use the Photograph within the specified limits.
The Website is an internet resource containing complete information about the subject of the Agreement, located at marinazyryanova.ru/
Order is the Licensee's intention to acquire the rights to use one or more Photographs, confirmed by payment, expressed on the Website.
License Term is the period during which the Licensee has the right to use the Photograph: for an indefinite period.
2. Subject of the Offer
2.1. The Licensor undertakes to grant the Licensee, for a specified fee, the right to use the selected Photographs in the manner provided for in this Offer, in the volume, within the timeframe, and under the conditions specified in this Offer.
2.2. The Transfer of Photographs is accomplished by providing the Licensee with access to download the original (uncompressed) Photograph file in JPEG format (if no physical medium (print) of the photographic image is provided) after payment of the Order fee.
2.3. Acceptance of the Offer is deemed to be the Licensee's consistent completion of the following actions:
2.3.1. Selecting Photographs on the Website;
2.3.2. Completing the registration form on the Website;
2.3.3. Reviewing the terms of this Offer;
2.3.4. Checking the box containing the text «I agree to the terms of the Offer» (or text of similar meaning);
2.3.5. Paying the license fee in full in accordance with Section 4.2 of the Offer.
3. Procedure for Transferring and Using Photographs
3.1. After payment for the Order, the Licensor grants the Licensee access to download the selected Photographs via the Website or via a personal link sent to the Licensee by email.
3.1.1. When paying for a physical medium (a photo print), access is provided as follows:
— in person, if the Licensor and Licensee are located in the same location, and this has been confirmed in writing via instant messaging or email;
— by delivery service selected by the Licensee. Delivery is fully covered by the Licensee in accordance with the terms and rates of the selected delivery service.
3.2. Transfer is considered completed upon provision of access to the full version of the Photograph, corresponding to the description and technical specifications specified on the Website.
3.3. Methods of Using the Photograph.
The Licensee is granted rights to use the Photograph in the following ways:
● Public display of a photograph.
● Reworking a photograph—that is, creating other works (collages, drawings, etc.) based on the photograph.
● Including a photograph in complex and composite works (collections, albums, videos, etc.).
● Broadcasting a photograph, broadcasting it by cable, or making it available to the public via the Internet.
3.4. Attribution: Each time the Photograph is used, the Licensee must include the author's name, «Marina Aleksandrovna Zyryanova, » along with an active or readable hyperlink to the website marinazyryanova.ru/.
3.5. The Licensor does not grant the Licensee the right to transfer (sublicense) the rights to use the Photographs to third parties by any means whatsoever.
3.6. The Parties understand that the Licensor retains the exclusive right to each Photograph in full, and such right is not alienated or transferred under the Agreement.
3.7. Use of the Photograph is permitted throughout the world.
3.8. If the Licensee is unable to open, view, or use the transferred Photographs due to a lack of the necessary software, hardware, or other technical means, no refund will be provided. In this case, the Photographs are considered properly transferred from the moment access for downloading is granted.
4. Amount of Remuneration and Payment Procedure
4.1. The amount of remuneration for granting the right to use the Photograph is indicated on the Licensor's Website and is current at the time of placing the Order.
4.2. Payments are made through the website's payment service in the amount of 100% of the cost of the selected Photograph before access to the Photograph is granted.
4.3. Royalty or other additional periodic payments are not provided.
4.4. The Licensee is not obligated to provide reports on the methods, volumes, or territories of use of the Photographs.
5. Liability of the Parties
5.1. The Licensor warrants that the rights to use the Photographs are legally owned by it to the extent necessary for the conclusion of this Agreement and do not contain any borrowings or other elements that could be considered a violation of the rights of third parties at the time of signing this Agreement.
5.2. The Licensor guarantees that if the Photographs transferred under this Offer depict third parties and/or objects protected by the intellectual property rights of third parties, the Licensor has previously obtained all necessary consents and permissions from such parties for the use, distribution, and other uses of the Photographs in the manner and to the extent provided for in this Offer, as well as in accordance with the requirements of the legislation of the Russian Federation, including the requirements of Article 152.1 and other applicable provisions of the Civil Code of the Russian Federation.
5.3. The Licensor shall not be liable for:
● Violation by the Licensee of the laws of the Russian Federation or other countries when using the Photographs;
● Use of the Photographs in ways not provided for in this Offer, or for the consequences of unauthorized access by third parties to the Photographs after their transfer to the Licensee;
● Other losses to the Licensee caused by the use or inability to use the Photographs, unless such losses are not related to the intentional actions of the Licensor.
5.4. In the event of a violation of the terms of use of the Photographs stipulated by the Offer or current Russian Federation legislation, the Licensor reserves the right, at its sole discretion, to limit or terminate the license without refund.
5.5. Once access to the Photographs has been granted, no refunds will be provided.
6. Amendments to the Terms of the Offer
6.1. The Licensor reserves the right to amend the terms of this Offer at any time by publishing a new version on the Website.
6.2. The new version of the Offer shall take effect from the moment it is posted on the Website, unless otherwise provided by the Offer or applicable Russian Federation legislation.
6.3. Orders placed and paid for prior to the entry into force of the new version of the Offer shall be governed by the terms of the Offer in effect at the time of its acceptance by the Licensee.
7. Other Terms
7.1. All legal relations arising from this Offer are governed by the laws of the Russian Federation.
7.2. All disputes arising in connection with the execution or termination of this Offer shall be resolved in accordance with the laws of the Russian Federation at the location of the Licensor.
7.3. All additional agreements, notifications, and other communications between the parties shall be carried out via instant messaging apps, social media, or email. Electronic correspondence shall be legally binding on the parties. If the terms agreed upon by the parties via electronic communication conflict with any provisions of this Offer, the parties shall be governed by the terms agreed upon via electronic communication.
7.4. Acceptance of this public offer and its acceptance shall bind the Parties to the Agreement, regardless of its signature by the Parties.
8. Licensor's Details:
Marina Aleksandrovna Zyryanova,
Taxpayer Identification Number: 745 310 250 205
Tel. +7 (999) 582-9464
E-mail: m.zyr-zyr@yandex.ru