Terms of Use
Russian Federation, Rostov-on-Don
Sole Proprietor Kamchatny Oleg Vladimirovich, TIN 616519578196 (hereinafter referred to as the «Licensor»), offers any legal entity or capable individual who has reached the age of majority (hereinafter referred to as the «User») to conclude a license agreement-offer on the following terms.
This offer constitutes a public offer (hereinafter – the «Agreement»). Full and unconditional acceptance (acceptance) of its terms is deemed to be the User’s clicking the «place order» button on the Licensor’s website kamchatniy.ru (hereinafter – the «Licensor’s website») before payment of the first invoice by the User.
1. SUBJECT OF THE AGREEMENT
1.1. The Licensor grants, and the User accepts for the term determined in accordance with Section 3 of the Agreement, a non-exclusive right to use audiovisual works of an educational nature, including those transmitted in real time or online (hereinafter – «webinars» or «online webinars»), and related electronic teaching materials, by: reproduction (storage in the memory of one computer) in electronic form via the Licensor’s website, temporary local storage (within the term of the non-exclusive right) for viewing, reading and listening.
The list of available webinars and online webinars and the cost of the non-exclusive right thereto are published on the Licensor’s websites.
1.2. The non-exclusive right to use the intellectual property under clause 1.1 is granted within the Russian Federation. The non-exclusive right to the relevant webinar or online webinar is deemed granted as of the date the Licensor opens access (an email is sent to the address specified by the client upon registration); execution of acceptance certificates is not required.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
The Licensor shall:
2.1. Grant the User the non-exclusive right to webinars and/or online webinars and related electronic teaching materials in accordance with the Agreement.
2.2. Provide the User with information on available webinars and/or online webinars upon request.
2.3. Enable the User to pay for webinars and/or online webinars by concluding agreements with payment system operators or transferring funds to the Licensor’s bank account.
2.4. Keep records of the User’s consumption and payment for webinars and/or online webinars.
2.5. Send the User informational messages related to the grant of the non-exclusive right to the email address specified upon registration on the Licensor’s website.
2.6. Provide technical support to Users regarding the operation of the Licensor’s website.
The User shall:
2.7. Not assign its rights under the Agreement to any third party without the Licensor’s written consent. A breach of this clause is subject to a penalty in the amount of the User’s debt to the Licensor assigned to the third party.
2.8. Not disclose registration credentials (login and password) to third parties; keep them confidential. All actions performed on the Licensor’s website using the User’s credentials are deemed performed by the User. The User is liable for unauthorized use of registration data by third parties.
2.9. The User is notified and agrees that the right holder of webinars and online webinars may impose additional access restrictions at its discretion and may refuse or discontinue access (including after payment) to Users who use or are reasonably believed to use the content for unlawful purposes or who attempt to obtain access unlawfully. Amounts paid by the User are non-refundable in such cases.
2.10. The User is notified that the content is protected by intellectual property laws. Use of webinars, online webinars and materials in ways not specified in clause 1.1 is a breach of the right holder’s exclusive rights and of this Agreement.
2.11. The Licensor is not liable for delays in providing access caused by circumstances beyond its control (e.g. maintenance, updates) or for the User’s inability to access content after the access period.
2.12. The User shall promptly notify of loss or theft of the password to their account.
2.13. The User confirms that they have read the programme of the chosen webinar/online webinar. The right holder may change the programme; the User agrees to check for updates on the website.
2.14. The User is aware that recording of online webinars and preparation of materials is at the right holder’s discretion. If no recording is made, the User receives the non-exclusive right to the online webinar content only for the duration of the live broadcast (clause 3.3).
2.15. The User shall use webinars, online webinars and materials solely for personal learning in accordance with this Agreement, and shall not copy, transfer to third parties or use beyond the scope set out in clause 1.1.
2.16. The User shall comply with legal prohibitions on circumvention of technical means of protection of copyright and related rights.
3. ACCESS TO WEBINARS, ONLINE WEBINARS AND MATERIALS
3.1. Access is provided through the User’s account on the Licensor’s website using the login and password provided by the Licensor, unless otherwise specified.
3.2. The webinar recording and electronic materials (if any) are available in the User’s account for 90 (ninety) calendar days from the payment date. Questions may be sent to support@kamchatniy.ru within that period.
3.3. Access to online webinars (live video, audio, text) is provided according to the schedule on the right holder’s website https://kamchatniy.ru/. Registration of an account is not required for online webinars; the User may submit a request on the Licensor’s website. The link to the broadcast is sent by email no later than 1 (one) business day before the start date.
To access the recording of a past online webinar, the User must create an account; the recording is available for 90 calendar days from account registration. Recording is at the right holder’s discretion (clause 2.14).
3.4. Recordings and materials may be reproduced on only one device belonging to the User and used for learning only. The User may download presentations, practical tasks (e.g. .doc) and instructions to an unlimited number of devices but may not transfer them to third parties.
3.5. After the term of the right expires, access is terminated and the User may not use the content further.
3.6. The Licensor may suspend or terminate access on the right holder’s written instruction if there are reasonable grounds to believe that the exclusive right is being infringed. In such case the Licensor is not liable for the User’s losses and amounts paid are not refunded.
4. TERM OF THE AGREEMENT
4.1. The Agreement enters into force upon the first order on the Licensor’s website and remains in effect for 1 (one) year. It is automatically extended for successive one-year periods unless either party gives at least 30 days’ notice of termination before the end of the current term.
4.2. Either party may terminate the Agreement in whole or in part by giving the other party at least 30 calendar days’ written notice. The Agreement is deemed terminated as of the date of receipt of the notice, but not earlier than the date specified in the notice.
4.3. The Licensor may terminate the Agreement without notice if the User breaches its terms, including infringement of the right holder’s exclusive rights. Termination takes effect as of the date specified in the Licensor’s notice.
4.4. The Licensor may amend the Agreement (offer) or withdraw the offer at any time. Amendments take effect upon publication unless a different effective date is specified. Removal of the offer from the website constitutes its withdrawal.
4.5. The parties interact via the Licensor’s website and email. Legally significant notices regarding amendment/termination (except under clause 4.4) are valid if sent by registered mail to the parties’ postal addresses. The User shall keep their contact details up to date in their account.
5. PRICE AND PAYMENT
5.1. All amounts are in Russian roubles. The Licensor’s remuneration is not subject to VAT under the Russian Tax Code.
5.2. Access to webinars and online webinars is paid at the prices published on the Licensor’s website, by prepayment of the order formed in the User’s account.
5.3. Payment is made in Russian roubles. Payment is deemed made when funds are credited to the Licensor’s account. The User acknowledges that payment may involve third parties; the Licensor is not responsible for their actions. Security, privacy and fees are agreed by the User with such third parties.
5.4. After payment the Licensor issues a receipt (for individuals) or a universal transfer document (for legal entities and sole proprietors), to be signed and returned within 2 (two) business days.
5.5. The Licensor may refund the User if the order price was increased after payment and the User did not receive access to the content.
6. LIABILITY
6.1. In case of late payment the Licensor may claim a penalty of 0.1% per day of delay.
6.2. Otherwise the parties are liable in accordance with applicable Russian law and this Agreement.
6.3. Unauthorized use of the content entitles the Licensor to claim damages or, alternatively, compensation of 100,000 (one hundred thousand) roubles per breach.
6.4. The parties are released from liability for breach caused by force majeure. The affected party shall notify the other as soon as practicable.
6.5. The Licensor’s aggregate liability under the Agreement is limited to the amount paid by the User (actual damage).
7. DISPUTE RESOLUTION
7.1. Disputes are resolved in the court at the Licensor’s location. Pre-trial claim procedure is mandatory. The respondent has 7 (seven) business days from receipt of the claim to respond.
8. MISCELLANEOUS
8.1. The Licensor warrants that it has the necessary rights to the content granted under the Agreement.
8.2. The Licensor will use reasonable efforts to fix malfunctions of the website but does not guarantee uninterrupted operation and may suspend access for technical reasons.
8.3. Content is provided «as is»; the Licensor does not guarantee its suitability for purposes other than education.
8.4. The Licensor does not guarantee proper playback on the User’s hardware and software. The User chooses content at their own risk.
8.5. The Licensor is not liable for actions of third parties, failures of third-party software or equipment, unavailability of parts of the Internet, or inability to complete payment.
8.6. By accepting the offer the User confirms that processing of their personal data is necessary for the Agreement and that they have read the Licensor’s privacy policy. The User also consents to receiving promotional and informational messages by email and SMS from the Licensor and the right holder until withdrawal in writing.
9. LICENSOR’S DETAILS
Sole Proprietor KAMCHATNY OLEG VLADIMIROVICH
TIN 616519578196
OGRN 324930100022082
Account 40802810300006107914
Bank: JSC «TBank»
Bank TIN 7710140679
BIC 044525974
Correspondent account 30101810145250000974
support@kamchatniy.ru