This Public Offer (hereinafter the Offer) is an official proposal (offer) of KEEPSNAP LP company, hereinafter the Administrator, to conclude with any person, hereinafter referred to as the Photographer, an Agreement on the conditions specified in this Offer.
Administrator and User hereinafter collectively referred to as the Parties and individually as a Party.
This offer is addressed in relation to an unlimited number of individuals with relevant legal capacity in accordance with the legislation of the country of residence of the User, allowing him to engage in civil matters with the Administrator under the conditions defined in the Offer.
It is presumed hereby and the User confirms that has sufficient legal capacity to conclude an Agreement on the terms set forth in this Offer.
The User performing conclusive (actual) actions indicating his intention, will and desire to enter into a legal relationship with Administrator and to conclude with him an Agreement on the following conditions carries out acceptance of this Offer. In particular, these conclusive actions include paying by the User for a copy of the object made by the photographer.
Acceptance of the Offer implies familiarization, understanding of altogether and each one separately conditions of the Offer, complete, unconditional and unreserved acceptance of the User with the provisions and requirements set out in this Offer.
From the moment of acceptance, Agreement on the conditions specified in this Offer, is deemed to be concluded and agreed between the User and the Administrator, and its terms are binding for the Parties.
1.1. For the purposes of the Offer, the following terms are used in the following meaning:
1.1.1. Site website belonging to the Administrator, located in the information and telecommunication network Internet under the domain name (domain address) KEEPSNAP.COM, as well as its constituent derivative web pages.
1.1.2. Photograph any individual who is the legal owner of the Object and uploads it to the Site to sell the copy of the Object to the Users.
1.1.3. User any individual who uses the Site in order to obtain (buy, download) a copy of the Object and/or who has obtained (bought, downloaded) a copy of the Object and/or who has an intention to obtain (buy, download) a copy of the object.
1.1.4. Administrator - the company KEEPSNAP LP, established and registered in accordance with the legislation of Canada, with the rights to use and manage the Site.
1.1.5. Object a photographic work or a work obtained in a way similar to photography, uploaded to the Site by the Photographer in order to be sold to the Users.
1.1.6. Object upload actions of the Photographer on the adding the corresponding objects to the Site from the hard disk or other tangible media drive.
1.1.7. Object download actions of the Users on transferring the copy of corresponding Object from the Site to the hard disk or other tangible media drive.
1.1.8. E-mail special technology ensuring sending and receipt of electronic letters, messages, files, documents, etc., through the usage of information and telecommunication network internet.
1.2. Terms not defined in paragraph 1.1 may be used in the Offer. In these cases, the interpretation of the terms is made in accordance with the text and the meaning of this Offer. In the absence of an unambiguous interpretation of the term in the text of the Offer, firstly, it is necessary to be guided by the interpretation of the terms used on the Site, including the legal documentation of the Site, secondly, by the current legislation and customs of business practice in the relevant field.
2.1. According to the Offer Administrator provides the User a copy of the Object and the User undertakes to pay the Administrator the cost of the copy in the manner and on the terms determined in accordance with this Offer.
2.2. As part of this Offer Administrator acts as a sales agent of the Photographer of the copies of the Object to the User and has all rights and powers to sell the copies to the User, what is confirmed by the license agreement between the Administrator and the Photographer.
2.3. According to the Offer, the User is provided a simple (nonexclusive) license to use the copy of the Object in the extent and within the limitations defined in accordance with the Offer. Administrator reserves the right to sell the copy of the Object to any other User as well as to use the Object in other ways determined in accordance with the license agreement with the Photographer.
2.4. Administrator may be considered to have fulfilled his obligations under this Offer since the provision to the User an ability to download the Object (copy of the Object) from the Site.
3.1. The Object of rights according to the Offer is any photographic work (photo), uploaded to the Site by the Photographer and the downloading of which (copy of the Object) was carried out (is being carried out or intends to be carried out) by the User.
3.2. The User hereby accepts and agrees with the content and form of the Object and undertakes not to make any claims to the Administrator.
3.3. Actions of the User on downloading and paying for the Object are certainly recognized as a consent of the respective User to receive a copy of the Object and lack of any claims to the Object, as well as the absence of any deficiencies in the Object.
3.4. Administrator is not involved in the creation of the Object, restricting his activities exclusively by the technical side on provision the Site to the User and the Photographer, as well as obtaining payments for the copies of the Object and its transfer to the account of Photographer, minus his remuneration.
3.5. Certain items of photographing are determined directly by the Photographer at his discretion, will and desire. Photographer chooses format, type and other settings and parameters of the uploaded Object.
4.1. The User has no right to issue the license to the Object to the others, namely to sell the copies of the Object to the third parties.
4.2. The usage of the copy of the Object is allowed only for personal, non-commercial purposes, not related to profit or other benefits making.
4.3. The User is not the owner of the exclusive right to the Object, is not its author (co-author), thus any actions of the User aimed at indicating him as the author or owner of the exclusive right to the Object are prohibited.
4.4. The User ensures that all claims and demands related to the authorship of the Object, rights to it, etc. are presented directly to the Photographer. Making claims to the Administrator is not allowed.
4.5. When publishing (posting) a copy of the Object in the media, at the exhibitions or other public events, in the Internet and other resources or sources the User guarantees and ensures that will not indicate himself or any other person (except the actual photographer) as the author (photographer) of the corresponding Object.
4.6. Selling of the copy of the Object to the User in no way limits and affects the rights and powers of the Administrator to the corresponding Object, defined on the basis of the license agreement with the Photographer.
4.7. When using the copy of the Object in the extent and ways defined in accordance with this Offer, the User guarantees that does not violate any rights of the third parties, including of those on the photo (Object), as well as of any other persons related to the photo (Object) and/or having interest in it.
5.1. As part of this Offer Administrator, acting under license agreement with the Photographer, provides the User the right to use the copy of the Object exclusively for personal non-commercial purposes, unless otherwise provided by the provisions of the Offer.
5.2. In particular, the User is entitled to use the Object in the following ways:
5.2.1. Familiarization of the User with the appropriate object.
5.2.2. Showing the copy of the Object to the third parties falling within the relatives, friends and other close to the User persons.
5.2.3. Sharing the Object in the social networks and on the other internet resources.
5.2.4. Using on posters and other types of reproductions.
5.2.5. Using as a graphic shell for toolbars, screensavers and wallpapers for cell phones, PC monitors.
5.2.6. Using as a wallpaper or a background in applications.
5.2.7. Using as a cover for CDs or DVDs.
5.2.8. Usage in multimedia presentations and as a part of internet-, tele- and video-broadcasts and in theatrical plays.
5.3. All the provisions of this Offer are applicable to the Object as a whole and to its parts, unless otherwise provided in the text of this Offer.
6.1. Rights and obligations of the User:
6.1.1. The User is obliged to pay the cost of the copy of the Object in the manner and amount set in the section 7 of this Offer.
6.1.2. The User is obliged to specify his e-mail address on the Site to obtain a copy of the Object, as well as other details required by the Administrator.
6.1.3. The User has the right to get a copy of the Object after making a payment.
6.1.4. The User has the right to a preliminary familiarization with the Object by its viewing on the Site.
6.1.5. The User has the right to re-download the Object (copy) from the Site, if the corresponding object was not deleted from the Site by the Administrator after a certain period after uploading it by the Photographer.
6.1.6. The User has the right to make claims regarding the quality and reliability of the Object directly to the Photographer. Presenting claims to the Administrator is not allowed, in case of their making they should be dismissed without consideration.
6.1.7. The User has the right to exercise other rights and has to fulfill other responsibilities set out in this Offer.
6.2. Rights and obligations of the Administrator:
6.2.1. The Administrator is obliged to provide an ability to download the copy of the Object, in case of paying for it by the User.
6.2.2. The Administrator has the right to use the Object in any way, defined in accordance with the License Agreement with the Photographer, including after selling the copy of the Object to the User.
6.2.3. The Administrator has the right to remove the Objects from the Site; hence, they will not be available for familiarization and downloading any more.
6.2.4. The Administrator has the right to exercise other rights and has to fulfill the responsibilities set out in this Offer.
7.1. Selling of the copies of the Object is carried out by the Administrator (as an agent of the photographer) on the paid basis with the prices set by the Photographer in the price range of $0.99 to $19.99.
7.2. In some cases, other parameters and characteristics of the objects may be set.
7.3. Selection of a particular object (its format) is determined at the sole discretion and consent of the User. Payment for selected object means the consent of the User with its format, resolution and characteristics.
7.4. In case of re-purchase of the same object but in another format, the User is obliged to pay the difference in costs of the corresponding Object, basing on the rates set out in paragraph 7.1 of the Offer or defined on the Site.
7.5. Administrator is entitled to unilaterally change the selling price of the copy of the Object, appropriate information is published on the Site.
7.6. Payment for the copy of the Object is carried out in a manner determined by the Administrator.
7.7. The fees charged by electronic payment systems, credit organizations, etc., are paid by the Customer.
7.8. The date of payment is the date of receipt of funds by the Administration of the Site.
8.1. For non-performance or improper performance of the obligations, the Parties are liable under the applicable law.
8.2. Photograph is liable for violation of the rights, including copyrights and intellectual property rights of the third parties; therefore, the User is obliged to present all his claims directly to the Photographer, not involving the Administrator to the relevant dispute or conflict.
8.3. In case of causing losses and damages to the Administrator due to the violation by the User of the provisions of the Offer, including sections 4 and 5 of the Offer, the User undertakes to indemnify the Administrator relevant losses and pay a penalty of 100% of the cost of each copy of the Object, transferred by the Administrator to the User.
8.4. The Parties shall be discharged from liability for violation of the provisions of this Agreement if such a violation was caused by force majeure circumstances. The Parties agreed that such circumstances, in particular, are the actions of public bodies, local authorities, fire, flood, earthquake, and other natural disasters, absence of electricity and / or malfunctions of computer network, strikes, civil commotions, and riots.
8.5. The party affected by force majeure is obliged to notify another Party within 3 (three) working dates from the date when it found out about the occurrence of such circumstances. Of the force majeure lasts more than thirty (30) calendar days, the Parties have the right to prematurely unilaterally terminate this Agreement, notifying another party fifteen (15) working days prior to the date of proposed termination.
9.1. The Parties have set a claim pre-judicial order of settlement of disagreements and disputes arising from the use of this Offer. The deadline for response to the claim is ten (10) working days from the moment of its receipt.
9.2. In case of failure to reach agreement on controversial issues, the dispute arising out of this Offer shall be subject to judicial review in accordance with the current legislation in the location of Administration of the Site.
10.1. Points and issues not covered and resolved by this Offer are regulated and settled in accordance with the legal provisions of Administrator.
10.2. The Parties hereby acknowledge the legal power of the documents, transferred via e-mail or fax, specified in the details of the Parties.
11.1. This Offer comes into force from the moment of its publishing in the Internet on the Site specified in paragraph 1.1.1 of the Offer.
11.2. This Offer is published for an indefinite period and loses its force in case of its annulment by the Administrator.
11.3. In case of making amendments in the Offer, such amendments come into force from the moment of publishing of the new edition of the Offer on the Site, unless another term of coming amendments into force is not determined during the publication. The Administrator has the right to unilaterally implement changes to the text of the Offer.
11.4. The User undertakes to monitor the changes in the provisions of this Offer, is responsible, and bears negative consequences related to the non-compliance of the obligation.
11.5. In case of disagreement of the User with the corresponding changes, the User is obliged to stop using the Site and refuse the services provided by the Administrator. Otherwise, the usage of the services by the User means his consent with the amendments.
11.6. Relevant version of the Offer may be found on the site https://keepsnap.com/page/terms-customer
11.7. This Offer was drafted in English. In case of any discrepancy between the version of the Offer in English and the version of the Offer translated into another language, provisions of the version in English will have priority and direct application.