In accordance with articles 435 and 437 of the Civil Code of the Russian Federation, this document is an official public offer for individuals, legal entities and individual entrepreneurs. By accepting this Agreement, you understand and agree to all the terms and conditions set forth herein.
The acceptance of this Agreement means that you make registration on the website https://smollydolls.ru by the form filling in all required Service forms, putting in checkmarks in the checkboxes “I have read and agree with the Privacy Policy” and” I have read and agree with the Terms of Use” and for verification (confirmation) of registration by clicking the link sent to Your specified email address.
Introduction
Please do not accept this Agreement if you do not agree with the conditions below!
The service is a technical solution for organizing access to its content for Users who have passed the registration procedure. The user is responsible for non-compliance with the information specified by him during registration and is aware of the entire risk of adverse consequences associated with its incorrect indication.
The service does not verify the accuracy of the data provided by the User, except in cases where verification of such information is necessary for the Service to fulfill its obligations to the User. The user is responsible for all intellectual property objects placed by him on the Service independently (photos, pictures, drawings, articles, logos, other objects that are granted legal protection by virtue of the current legislation of the Russian Federation).
The service has the right to send advertising and information messages to Users registered on the Service (send messages to Users ‘ accounts, to their mobile phones specified as contacts, as well as their e-mail addresses) about the Service, its promotions and other opportunities, press releases, reviews and other information notifications directly or indirectly related to the Service. By accepting this Agreement, the User agrees to receive the mailing list specified in this paragraph.
The user does not have any right to copy any information posted on the Service, which is available to him both before and after the registration procedure.
Audio-Visual works posted on the Service are objects of intellectual property, the exclusive rights to which belong to the owner of the Service. The user is granted a non-exclusive right to use Audiovisual works only by viewing them using the Service (on the site smollydolls.ru). Any other use of Audiovisual works is prohibited.
The user is prohibited from copying the Works and Materials of other Users and / or performing any other actions that directly or indirectly infringe on the rights and interests of the Service Administration, Teachers and third parties. The Service Administration, if it detects violations specified in this paragraph on the part of the User, has the right to block the User’s Account, and depending on the violation, make a claim to the User or apply to the court to protect its rights and interests.
Accepting the present Agreement, the User gives full consent to use Service Materials: photographs, images, texts, drawings, plans, sketches, and other objects, including User experience, as defined in section “Terms and definitions”, which are downloaded by a User on the Service, and which are used by the Service on the terms set forth in this Agreement. Simultaneously with the acceptance, the User provides a guarantee that the placement of Materials and their subsequent use does not violate the rights and interests of third parties.
- Terms and Definitions
1.1. Project — the creative project “SmollyDolls Crocheting School”, aimed at developing and maintaining interest in crocheting, getting to know crochet and directions, as well as teaching various crochet techniques.
1.2. The official accounts of the SmollyDolls Crocheting School in social networks:
— https://www.facebook.com/smollydolls
— https://www.instagram.com/smolly_dolls/
— http://www.youtube.com/c/SmollyDolls
1.3. Service — software and interactive complex located at smollydolls.ru on the Internet or in Official accounts of SmollyDolls in social networks, available to Users on a paid and free basis, the main focus of which is to provide Users with access to educational Audiovisual works.
1.4. The owner of the Service is an individual registered under the legislation of the Russian Federation, Smolina Maria Viktorovna, ITN 590415553525 in Moscow, e-mail [email protected]
1.5. Service Administration – an individual or individuals directly or indirectly managing and supervising the activities of the Service responsible for the volume and procedure for the receipt by the Users of the services available on the Service and performing the actions specified in this clause on behalf of the Service Owner.
1.6. User — an individual who uses the global Internet.
1.7. Account — personal user space on the Service, which is formed as a result of user registration on the site smollydolls.ru.
1.8. Account — login and password that are created by the User himself during registration and which are used by him in the future to log in to his Account on the Service. An account can be created by logging in to a User’s existing social media account. The user has the right to use the Account to log in on no more than two devices at the same time.
1.9. Personal data — personal data of the User that is available only to the Administration of the Service and is not available to its Visitors. Personal data are: First Name, last Name, e-mail address of the User and his contact phone number.
1.10. Public data – the User’s personal data published by the User by his own will, which is available to all Service Visitors, including unregistered ones. Such personal data can be: last name, first name, middle name, city of residence, age, links to personal pages on social networks (Facebook, Odnoklassniki, Instagram, VK and others). The Service Administration, in order to avoid any misunderstanding, draws attention to the inadmissibility of acceptance of this Agreement if the User does not agree that the personal data specified by him will be available to third parties. The acceptance of this Agreement will be the complete and unconditional will of the User for the general availability of these data, after which the Service has the right to process such data in accordance with Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” (hereinafter – the Federal Law “On Personal Data” ) for the purposes of the execution of this Agreement.
1.11. Materials — photographs, photo materials, sketches, images and other objects that the User has the right to place on the Service.
1.12. Teacher – an individual, the author of the Project, training Users in crochet techniques.
1.13. Audiovisual work – video, audio or text description of crochet technique and other messages from the Service Administration.
1.14. A crochet patten – one or more thematically integrated Audiovisual works that contain guidance on creating a specific crocheting object and may not contain Crochet Lessons. In the context of this Agreement, the term “Crochet Patten” in the singular will also have the meaning of the plural, depending on how many Crochet pattens (one or more) actually acquired by the User under the Project.
1.15. A lesson – one or several thematically united educational Audiovisual works aimed at teaching the User to independently develop and create crocheting objects. Within the framework of the Lesson, the Teacher has the right to verify the knowledge received by the User using various methods, such as: a test, a survey, a request for a report photo and other methods for checking a knowledge cut. Verification can be carried out both automatically and by the Teacher personally. Based on the results of the verification, the User is granted access to the next Lesson. In the context of this Agreement, the term “Lesson” in the singular will also have the meaning of the plural, depending on how many Lessons (one or more) actually acquired by the User under the Project.
1.16. Course – several thematically united Lessons. In the context of this Agreement, the term “Course” in the singular will also have the meaning of the plural, depending on how many Courses (one or more) actually acquired by the User under the Project.
1.17. Works – photographs, images taken directly by the User himself before, during and / or after the User receives access to the Crochet Pattern and / or Course.
1.18. Free access – User access to the Course and / or Crochet Pattern without payment. The Service Administration independently determines the content of the Free Access, and the User is not entitled to make any complaints to the Service regarding the contents of the Course and / or the Crochet Pattern, available on a Free basis.
1.19. Paid access – the User’s access to the Audiovisual works of the Crochet Pattern and / or the Course located in the closed part of the Service, provided to the User after paying the full cost of the Crochet Pattern and / or the Course. The user is given the opportunity to activate viewing access on no more than 2 (two) different devices.
1.20. Actual cost of the Project services – the amount of money indicated on the site smollydolls.ru, which is current from the date of its actual publication on the Service until the Administration of the Service publishes a new cost of services.
1.21. Promo code – an account provided by the Service Administration to the User in his Account, according to which the user is given the right to access the Crochet Pattern and / or the Course on a free basis, or at a discount. The promotional code provided by the Service Administration has a validity period. If the validity period of the Promo Code is not specified, it is one year from the date of its issue in the User Account. The promotional code allows you to pay the percentage of the cost determined by it. Course (discount). If such a percentage is not specified, then the Promo code allows you to pay for the whole Crochet Pattern and / or the Course (providing the Crochet Pattern and / or the Course for free).
1.22. Other terms not defined in this section may be used in this Agreement. The interpretation of such terms will be carried out in accordance with the meaning of the Agreement, as well as the legislation of the Russian Federation. In the absence of an unambiguous interpretation of the term in the text of the Agreement and in the regulatory legal acts of the Russian Federation, the Parties will be guided by the interpretation of the term prevailing on the Internet and in business practice.
- Subject of the Agreement. The procedure for the crochet pattern and course.
2.1. The subject of this Agreement is the distance learning of Users in the Project on a Paid or Free basis, including, but not limited to, providing access to the Crochet Pattern and / or Course, as defined in the Agreement, upon receipt of which the User first learns and / or supplements earlier the knowledge he acquired in the field of crocheting, including through the acquisition of practical experience and skills.
2.2. The service offers any User the opportunity to select one or more Crochet patterns and / or Courses, in accordance with the stated topics of the Crochet patten and / or Course and the requirements for its access.
2.3. Prior to the purchase of a Crochet Pattern and / or Course, the User is always available information about the Crochet Pattern and / or Course with the following contents: necessary materials and tools; conventions used; necessary knowledge and skills at the time of the start of training; the total that the user can get after viewing the master class or course (examples, possible options); approximate characteristics of the finished crocheted product; level of difficulty; the period for which access to the Crochet Pattern and / or the Course is provided. The User agrees that the Service Administration does not guarantee the daily publication of new Audiovisual works in Official accounts on social networks. The user agrees that the term of access is subject to change. Changes in terms may be due to unforeseen circumstances, including the illness of the Teacher, the trip of the Teacher, his unforeseen family circumstances, technical problems of the smollydolls.ru site or social networks where SmollyDolls Official Accounts are hosted.
2.4. Access to the Crochet Pattern is carried out by providing the User with the opportunity to play Audiovisual works located in the closed part of the Service. Access is provided to all Audiovisual works presented in the Master Class immediately after payment.
2.5. Access to the Course is carried out by providing the User with the opportunity to play Audiovisual works located in the closed part of the Service. Access to each Lesson of the Course is provided sequentially, as the teacher passes the training and checks the User’s work.
2.6. Audiovisual works presented in the Crochet Pattern and / or the Course are intellectual property in accordance with Part IV of the Civil Code of the Russian Federation, the exclusive rights to which belong to the Service Owner. The Service Owner grants the User a non-exclusive right to use Audiovisual works only by viewing using the Service (on the site smollydolls.ru) or in SmollyDolls Official Accounts on social networks.
2.7. Copying, distribution and / or other use of Audiovisual works is not allowed and is a violation of the exclusive rights of the Service Owner. In the event of a violation, the Service Owner has the right to block the User’s access to use the service and / or apply to the court to hold the User liable in accordance with Articles 1250, 1252, 1253 and 1301 of the Civil Code of the Russian Federation (including to recover compensation in the amount of up to 5 million rubles).
2.8. The User agrees that his Works, as defined in the “Terms and Definitions” section of this Agreement, can be checked by the Teacher during the Course only if such a check is provided for by the Course itself. If the information about the verification of the Works is not indicated in the course information, the User has the right to clarify this information by contacting the Service Administration. Verification of Works is the right, but not the responsibility of the Service Administration.
2.9. The user is given the right to complete all training on the Course at the very beginning of its conduct, in the middle or near the end. At the same time, the period of access to the Course is not subject to change, except for changes as a result of unforeseen circumstances and / or force majeure, as defined in the Agreement. After the end of the Course, access to it is terminated, Materials and Works provided by the User will not be returned to him, unless otherwise specified in the conditions of the Course.
- Payment for the Services and their cost
3.1. Services of the Service are payable through payment systems, information about which is available to the User on the Service.
3.2. After choosing a paid Course, a payment invoice is generated in the User Account. The specified bill, the user must pay at the time of receipt. If there is no payment within the specified period, the Account is considered invalid, and the User will need to re-request the account from the Administration.
3.3. The Crochet Pattern and / or Course paid by the User cannot be exchanged.
3.4. For all financial matters, interaction with the Service Administration is carried out by e-mail address: [email protected].
3.5. In the event of a complete or partial cancellation of the Course paid by the User, at the initiative of the Service Administration, the User has the right to request a refund in proportion to the actually used access to the Audiovisual works within the framework of the Course, or, instead of a refund, use the Promo code provided by the Service. At the same time, the choice of the topic of the Courses for the Promo Code is carried out independently by the Service Administration.
3.6. If the User has chosen the Course and / or the Crochet Pattern, paid for it, but subsequently decided to refuse the Training, he is obliged to notify the Service Administration about it, and the money is returned in this case in the following order:
For the Crochet Pattern: the service is considered to be provided in full, regardless of the number of days that have passed since the payment. No refunds are made.
For the Course: a refund is made based on the available, at the time of submitting the refund request, for viewing the User audiovisual materials. The refund amount is determined by this agreement as:
If the User has access to view up to 10% of the total number of Course Lessons, 70% of the payment is returned to him;
If the User is available up to 20% of the total number of Course Lessons, 50% of the payment is returned to him;
If the User is available up to 50% of the total number of Course Lessons, 30% of the payment is returned to him;
If the User is available up to 70% of the total number of Course Lessons, 10% of the payment is returned to him;
If the user is available up to 90% of the total number of Course Lessons, 5% of the payment is returned to him;
If the user has access to more than 90% of the total number of Course Lessons, the service is considered to be provided in full, a refund is not made.
3.7. The date of notification specified in clauses 3.5 and 3.6 of this Agreement, the Parties agreed to consider the day of its actual receipt by the Service to the email address [email protected].
3.8. Refunds of funds previously paid by the User, according to the conditions set forth in this Agreement, are made in the same way as their payment.
3.9. All refunds to the User, which will be made in agreement with the Administration of the Service, are always transferred minus the fees of payment systems through which the User paid for one or another Course, as well as minus other costs associated with crediting funds in favor of the Service.
- Personal Data
4.1. Public and Personal data specified by the User on the Service, the processing of which is carried out by the Administration of the Service, is used and processed to fulfill the obligations of the Service to registered users regarding providing them access to the Service and all its paid and free options.
4.2. In accordance with Article 6 of the Federal Law of the Russian Federation “On Personal Data”, obtaining the written consent of the User to process his data is not required. However, taking into account the fact that the User’s Public Personal Data is available to third parties, the acceptance of this Agreement also constitutes consent to the processing of Personal Data. The processing of Public personal data is carried out taking into account the provisions of subparagraph 10 of paragraph 1 of Article 6 of the Federal Law of the Russian Federation “On Personal Data”, according to which the processing of personal data can be performed without the consent of the subject of personal data if access to an unlimited number of persons to such personal data is provided by the subject (User of this Agreement).
4.3. In accordance with the provisions of Article 22 of the Federal Law of the Russian Federation “On Personal Data”, the Service Administration shall not notify the Federal Service for Supervision of Communications, Information Technologies and Mass Communications about the processing of Users personal data.
4.4. The Service Administration does not provide the User’s Personal Data to third parties, unless the User has consented to the provision of such data, or when the provision of such data is carried out at the legal request of authorized authorities.
4.5. The user has the right to contact the Service Administration with a request for information regarding the processing of his personal data in the manner prescribed by Article 14 of the Federal Law of the Russian Federation “On Personal Data”, by sending a scanned copy of the request to the address [email protected].
4.6. The User has the right to delete his Personal Data by deleting his Account. To delete an Account, the User must send a written request in a free form indicating the Account data to the address: [email protected]. The user account is deleted within 3 (three) business days from the date of receipt of the request to the specified address.
4.7. Personal data is stored on the Service server. The retention period of Personal data after the User deletes his Account is one year.
4.8. The Service Administration takes all necessary measures to protect Personal Data from unlawful access to it by third parties.
- User Content
5.1. All User Materials, as well as User Works, as defined in the Agreement, which are posted by the User in his Account or transmitted to the Teacher by e-mail or through the feedback of the Service, are provided to the Service Administration under a simple non-exclusive license for the entire term of copyright protection without payment to the User any remuneration from the moment of placement of such Materials in the Account or from the moment they are received by the Teacher or from the moment they are sent by way of full communication.
5.2. The Service Administration has the right to use such Materials, including Works, in any way not prohibited by the current legislation of the Russian Federation.
5.3. The user gives the Service Administration the right to use the Materials and Works anonymously, that is, without specifying the name of their author.
5.4. The User gives his full and unconditional consent to the introduction of amendments, reductions and additions to his Materials and Works, the supply of Materials and Works when using them with illustrations, a preface, an afterword, comments or any explanations, and such use of the Materials and Works will not be considered a copyright violation of the integrity of the work. Granting a license in accordance with this Agreement does not terminate the User’s right to use his Materials and Works in any way by his own will. The exclusive right to such Materials and Works, as well as personal non-property rights belong to the User (author).
- Feedback system
6.1. Throughout the entire period of access to the Crochet Pattern and / or the Course paid by the User, the User is given the opportunity to communicate with the Master of the Crochet Pattern and / or the Course through the Service feedback system located at the address on the page of the Crochet Pattern or Course. The specified service is available only to Users who have an Account on smollydolls.ru and have paid access to the Crochet Pattern and / or Course.
6.2. The term of the Teacher’s response is no more than 48 (forty-eight) hours from the date of receipt of the message by the Teacher.
6.3. The teacher reserves the right to leave a message unanswered if:
- the teacher believes that the question was asked by the User not on the topic of the Crochet Pattern and / or Course;
- the message does not contain the attachment referred to by the User;
- the message contains profanity or other offensive language;
- the message does not contain a question or its text accurately determines the absence of the need to answer the message.
6.4. A user authorized on the Service may leave comments in the sections of the Service in which this feature is provided. In this case, the Service Administration has the right to block the User and / or delete his comment in cases where such a comment, in the opinion of the Service Administration:
- Violates the rights and interests of other registered Users of the Service;
- Not left on the topic stated in the Service;
- Contains profanity or other offensive sentences that humiliate the Users and / or the Teacher and are capable of causing moral harm to them.
6.5. Any improper communication of the User on the Service, regardless of whether it was sent to the Teacher, other Users or the Service Administration, gives the Service Administration the right to block the User Account and apply other liability measures in accordance with the current legislation of the Russian Federation. Illegal communication in the context of this section refers to any insults, threats, bullying, slander and the like, by the User of his negative attitude towards other users of the Service, the Teacher and his Administration. Blocking the User Account for the reasons indicated gives the Service Administration the right not to return the money paid by the violator for training on the Service.
- User reward system
7.1. After the end of the Course, the User can receive a diploma, i.e. the corresponding personal document issued by the Service Administration in confirmation of completing the Course.
- Final provisions
8.1. This Agreement is valid indefinitely.
8.2. All disputes and disagreements under this Agreement are resolved through the exchange of electronic messages between the User and the Service.
8.3. If the relevant judicial authority finds that any provision of this Agreement is invalid, such a provision is automatically deleted from its text, which does not invalidate the other provisions of the Agreement, but does not cancel the obligation of the Service to notify Users of this and, if necessary, replace the invalid provision with a valid one.
8.4. On controversial issues, the Parties agreed on a pre-trial procedure for the settlement of disputes, according to which the User’s claim to the Service must be notarized (the signature of the person who signed the claim must be notarized) and sent in a scanned copy to the email address [email protected] indicating the subject line of the controversial letter. If there is no agreement on a contentious issue within 35 (thirty-five) days from the date of receipt of the claim by the Service or the claim by the User, the interested party is entitled to apply to the judicial authority of the Russian Federation at the location of the Service.
8.5. The parties agreed upon the jurisdiction at the location of the Service Owner.
8.6. In the case of the provision of free access to relations between the Service and Users, the Law of the Russian Federation of 07.02.1992 No. 2300-1 “On Protection of Consumer Rights” does not apply.
8.7. The service is not responsible for failures that occur in telecommunication and energy networks; the actions of malicious programs that entailed the termination or suspension of the Internet, both in general and in certain segments of the network involved in the execution of this Agreement, for unlawful actions of third parties aimed at unauthorized access and (or) disabling the Service; suspension of the Service due to natural disasters, fires and other unforeseen circumstances (force majeure).
8.8. This Agreement may be changed at any time, in connection with which the User is obligated to check the weekly relevance of the text of this Agreement and carefully read all changes published by the Service Administration. The Service Administration will take all necessary measures to notify Users in advance of a change in the text of this Agreement, in particular by sending informational messages to the email addresses indicated during registration. Nevertheless, the User’s obligation to regularly review this Agreement is a priority, and the User cannot make a claim to the Service Administration about his disagreement with the changes on the grounds of failure to receive a corresponding notification.