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Public contract-offer to provide services
(public offer)
04.01.2016 Mr.
1. General Provisions.
1.1. This contract-offer (hereinafter - the "Agreement") is an official offer (public offer) Site the www .o stagram . Ru (or sites), hereinafter referred to as "Contractor", and contains all the essential conditions of the provision of services for the provision of equipment for image processing (hereinafter - the "Services") to any natural or legal person, hereinafter referred to as "Customer". A complete list of services, as well as the size of the payment declared on the Contractor's site: the www . Ostagram . Ru .
1.2. In accordance with paragraph 2 of Article 437 of the Civil Code (Civil Code) if the conditions stated below and fee legal or natural person conducting the acceptance of this offer, it is the Customer (in accordance with paragraph 3 of Article 438 of the Civil Code acceptance of an offer equivalent to the conclusion of the agreement on the terms set out in the offer), and the Contractor and the Customer together - Parties to this treaty.
1.3. The time of the full and unconditional acceptance of the Contractor's offer to enter into the Customer Agreement (the acceptance of the offer) is considered a fact agreed to accept the conditions by clicking a tick "I accept the terms of the offer" on the website www. Ostagram . Ru . The text of this Agreement located at: the www . Ostagram . Ru / payments / offer
1.4. By acceptance of the Agreement in the manner specified p. 1.3 of the Contract, the Client confirms that he is aware of, agree fully and unconditionally accept all the conditions of the Agreement in the form in which they appear in the text of the Treaty, including the Treaty applications which are an integral part thereof.
1.5. The contract can not be revoked.
2. Subject of the offer.
2.1. According to the contract-offer Contractor provides to the Customer Services for the provision of equipment for image processing. For imaging using convolutional neural network algorithm and artistic style of Leon A. The Gatys by, by Alexander S. The Ecker, and by Matthias Bethge .
2.2. The customer fully accepts the terms of the agreement and pays for the services in accordance with the terms of this Agreement.
3. The rights and obligations of the parties
3.1. The Contractor undertakes to:
3.1.1. During the term of this contract to provide the Customer paid services to them .
3.1.2. By posting on the Site provide the Customer with reliable information about the kinds of services provided, methods of their provision, service payment conditions and other information needed in the execution of this Agreement.
3.1.3. To ensure the confidentiality of information provided by the customer, except in cases where the provision of access to such information to third parties is a prerequisite for the provision of Services, or is required by virtue of the requirements of the Russian legislation.
3.1.4. To introduce the Customer at its request with the order of service.
3.1.5. Immediately notify the Customer of the occurrence of force majeure circumstances, which may affect the amount and quality of services rendered by the Contractor.
3.2. The Contractor has the right to:
3.2.1. Unilaterally make changes, additions, deletions in this Agreement and its Annexes, of which the Customer is duly notified since the publication of the amended version of the Treaty on the Site: the www. Ostagram . Ru .
3.2.2. Suspend or terminate the provision of Services to the Customer, or to terminate this Agreement unilaterally, in the event of default by the Customer of the obligations assumed under this Treaty.
3.3. Customer agrees to:
3.3.1. To view the current prices in the Contractor's services until the addition to the image processing.
3.3.2. Payment for the ordered services in the manner, extent and within the time limits specified in this Agreement.
3.3.3 Comply with the terms of this Agreement.
3.4. The customer has the right to:
3.4.1. Require the Contractor to the proper provision of the Services in accordance with this Agreement.
3.4.2. Refuse to provide services (image processing) prior to entering the image processing, with a cash return.
3.4.3. Forwards the opinions, suggestions and recommendations for each service under this Agreement.
4. Intellectual property rights.
. 4.1 Exclusive rights to the Content posted on the Website www.ostagram.ru:
. 4.1.1 All items displayed on the Site, including design elements, text, graphics, illustrations and other objects and their selection (hereinafter - the Content) are subject to the exclusive rights of performers, customers and other rights holders, all rights to these objects reserved.
4.1.2. The customer, posted on the site belonging to him lawfully Content for processing, provides the other users with a non-exclusive right to use it by viewing, playback (including backup) and other rights exclusively for personal non-commercial use, except in cases when such use causes or may cause harm to the legitimate interests of the right holder.
4.1.3. Using the Customer Content, access to which is produced solely for personal, non-commercial use is permitted provided that all signs of authorship (copyrights) or other notices of authorship, save the author's name intact, preserving the product in unaltered form.
4.1.4 . The Customer also gives the Contractor a non-exclusive right to use free of charge on the Site and belonging to him lawfully content in order to ensure the functioning of the Site by the Contractor to the extent defined by the functionality and architecture of the Site.
4.1.5. In addition to its own content, the Customer shall not upload or otherwise communicate to the public (publish) content of other websites, databases and other intellectual property in the absence of explicitly expressed consent of the copyright owner to do so.
4.1.6. Any use of the Site or the Content, except as permitted by these Rules or in the case of the express consent of the right holder for such use without prior written permission is strictly prohibited.
7.1.7. Unless otherwise explicitly not established in these regulations, nothing in these Regulations can not be considered as a transfer of exclusive rights to the Content.
. 4.2 Responsibility for violation of exclusive rights:
4.2.1. The Customer shall be solely responsible for any Content or other information that it downloads or otherwise communicate to the public (publishing) on or with it.
4.2.2. The Contractor may, but not obliged, to view the site in the presence of a prohibited Content and can delete or move (without notice) any Content or User in its sole discretion, for any reason or no reason, including without limitation the movement or deletion of Content which, according to the Contractor's personal opinion, violates these rules, the Russian Federation legislation and / or may violate the rights, harm, or threaten the safety of other users or third parties.
4.3. Sites and Third Party Content:
4.3.1. The site contains (or may contain) links to other sites on the Internet (websites of third parties) as well as articles, photographs, illustrations, graphics, information, applications, software and other content belonging to or originating from third parties (third Party Content), which is the result of intellectual activity and protected in accordance with Russian law.
4.3.2. These third parties and their content are not checked by the Contractor for compliance with this or other requirements (accuracy, completeness, integrity, etc.). The Contractor shall not be liable for any information posted on the websites of third parties to which the customer can access through the Site or through the Third Party Content, including, inter alia, any opinions or statements expressed on third party sites or their content.
5. Cost of services and payment procedure.
5.1. The cost of services under the Contract is determined in accordance with current prices and is registered on the Site the www. Ostagram .mobi / queue_images / new.
5.2. Contractor is entitled to unilaterally change the prices of the services provided, information on which is available on the website of the Contractor the www . Ostagram . Ru / queue_images / new
5.3. The date of entry into force of the new prices and conditions of payment shall be the date of their placement on the Contractor's website.
5.4. Methods of payment services listed when you make payment.
6. The order of acceptance of services rendered
6.1. Provision of Services to the Customer is not accompanied by drawing up an act of work performed.
6.2. Services provided under this Agreement acknowledge receipt of the processed image.
7. Special conditions and responsibilities of the parties.
7.1. The Contractor shall not be liable for damage caused to the Customer's business or individual that he is, in the case of improper performance of their obligations under this Agreement.
7.2. Paying Contractor Services Agreement, the Customer agrees to the terms of this agreement and the fact that he has no right to require the Contractor to any compensation for moral and material harm or damage caused to the customer both during the term of this Agreement, and upon the expiration of his actions, except as otherwise expressly provided by this law.
7.3. Artist under any circumstances shall not be liable under the Contract for:
7.3.1. Any actions and / or omissions that are the direct or indirect result of actions / omissions of any third parties.
7.3.2. Any consequential damages and / or lost profits of the Customer and / or third parties, regardless of whether Artist could foresee the possibility of such damages or not.
7.3.3. The use of (the inability to use) and what else the consequences of using (the inability to use) the information obtained by the Customer from the Contractor.
7.4. The aggregate liability of the Contractor under the Contract, for any claim or claims in respect of the agreement or its performance, limited to 5% (five percent) of the amount of fees paid by the Customer to the Contractor under the Contract.
7.5. Without prejudice to the above, the Contractor shall be released from liability for breach of contract if the violation is caused by the action of force majeure (force majeure), including: action by public authorities, fire, flood, earthquake and other natural actions, the lack of electricity , strikes, civil unrest, riots, any other circumstances, without limitation which may affect the performance of the Contract by the Contractor.
7.6. The contract, its execution and delivery is regulated in accordance with applicable Russian legislation.
7.7. All disputes shall be resolved through negotiations between the Parties. If the disputes are not resolved by negotiations, the disputes shall be settled in accordance with the applicable legislation of the Russian Federation.
7.8. The customer bears full responsibility for compliance with all legal requirements, including the legislation on advertising, copyright and related rights, on the protection of trademarks and service marks, including but not limited to, including full responsibility for the content, inaccuracy, insufficiency and / or lack of timeliness Customer provided information necessary for the execution of this Agreement.
7.9 The Contractor shall not be liable for non-compliance is actually providing services, subjective expectations and ideas of the Customer about such services.
8. The conclusion, modification, cancellation of the contract.
8.1. The customer may at any time unilaterally withdraw from the Contractor Services. In case of unilateral refusal of the Customer from the Contractor services produced no refund.
8.2. Artist reserves the right to change or amend any of the terms of this Agreement at any time by publishing the changes on the Site. If the published changes to the Customer's acceptable, then it is within 7 days from the date of publication of the change should notify the Contractor. If notification is not received, it is considered that the customer continues to take part in a contractual relationship.
8.3. On all matters not covered by this Agreement shall be governed by applicable Russian legislation.
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