IE “XANDAMYAN VIKTOR SERGEEVICH”, hereinafter referred to as the “Seller”, on the one hand, and the Internet user, hereinafter referred to as the “Buyer” (client) or “User”, on the other hand, collectively referred to as the “Parties”, in accordance with the requirements of the law The Republics of Uzbekistan have entered into this agreement (hereinafter referred to as the “Agreement”).
The agreement, in accordance with Articles 426 and 427 of the Civil Code of the Republic of Uzbekistan, is a public offer (offer) to an unlimited number of persons, Internet users.
In accordance with Articles 370 of the Civil Code of the Republic of Uzbekistan, an acceptance is a response of the person to whom the offer is addressed, about its acceptance. The acceptance must be complete and unconditional. The unconditional acceptance of the Agreement is the confirmation by the Buyer of his agreement with the terms of the Agreement or making payment by him or when the Buyer starts using any Work and / or the Buyer’s use of any services of the Seller under the terms of the Agreement.
The completion of any of these actions also means the Buyer’s consent to provide his personal information (personal data).
- Terms used in the Agreement
1.1. Buyer (User) – an Internet user who has accepted the terms of the Agreement and / or registered on the Seller’s Website and / or made a payment for downloading the Libraries and / or downloaded the Libraries and / or started using any of the Seller’s services.
1.2. Libraries (Content) – A collection of samples, typically based around a theme or single subject, presented in electronic form on the Internet in various formats, posted on the Seller’s Site, available to Users through the Seller’s Site.
1.3. An offer (an offer agreement) is a public offer to a circle of persons proposed by the seller for the provision of various services remotely via the Internet and the purchase of a book on the terms of the Seller for concluding an Agreement.
1.4. Acceptance – the status of the concluded contract and the Buyer’s acceptance of the Offer in unconditional and full scope.
1.5. Catalog is a collection of Libraries.
1.6. Seller’s website (Site) – an information resource on the Internet, owned by the Seller and administered by the Seller, located on the website www.turansounds.com
1.7. Download – writing (copying) of the Libraries by the Buyer to his computer, smartphone or other device.
1.8. Login and password are two unique sets of characters that identify the Buyer, allowing the Buyer to access the Content.
1.9. Personal Account – the Buyer’s personal page on the Seller’s Website, where the Buyer can store information about himself, store User Content, customize the display, set parameters, see his status, Billing status, etc. The personal account is tied to the Account, access to it is closed by the Login and Password.
1.10. Billing is a payment accounting system.
1.11. User account – Authentication and Personal data of the user stored on the servers of the Seller’s Site. An account is created as a result of the user completing the registration procedure and may be required in order to take advantage of some of the features or individual functions of the Site.
1.12. Subscription – providing the Buyer with access to the Work on the terms of the Agreement for using the Work for personal purposes (including familiarization, reading, viewing, listening) through a browser or mobile application after making an advance payment.
- Subject of the Agreement.
2.1. The Seller allows the Buyer, on the terms of the Agreement, to use the Libraries presented in the Catalog for personal purposes; provides the User with the opportunity to download the Libraries, the Seller can provide the User with other services under the terms of the Agreement and / or Appendices to the Agreement.
- Obligations of the parties
3.1. Seller’s rights and obligations:
3.1.1. Provide the Buyer with the Libraries for downloading and / or other use in accordance with the Agreement no later than 24 hours from the moment Billing confirms the payment made and / or identifies the Buyer as the payer of the payment made and / or the person entitled to receive the Libraries.
3.1.2. Do not disclose to third parties the Login and Password, e-mail address of the Buyer, as well as other information received from the Buyer during registration.
3.1.3. The Seller has the right from time to time to make changes and / or additions to the Agreement and / or Appendices to the Agreement. Such changes and / or additions come into force and become binding on the Parties from the moment they are posted on the Seller’s Website.
3.2. Buyer’s rights and obligations:
3.2.1. Register on the Seller’s Website, set a Login and Password. In this case, the Buyer must strictly follow the instructions of the Seller on the registration procedure posted on the Seller’s Website.
3.2.2. Make payment in accordance with clause 4 of the Agreement.
3.2.3. Receive selected Libraries, subject to payment for these Libraries by the Buyer himself and / or payment for these Works by another User in favor of this Buyer and / or on other terms proposed by the Seller.
3.2.4. Ensure the confidentiality of the Login and Password provided during registration.
3.2.5. Use the Libraries provided by the Seller in accordance with the Agreement for personal purposes at your own discretion: download, get acquainted with the Libraries, use as a whole, as separate fragments, etc. The Buyer has the right to place copies of the Libraries on any personal device that belongs to him. The Buyer also has the right to convert the downloaded files of the Libraries into any formats convenient for him, if such conversion is required for reading or listening to the Libraries by the Buyer.
3.2.6. The buyer is prohibited from:
– transfer or send the Libraries to third parties, in whole or in part;
– to bring the Libraries to the public using the Internet and other digital networks, including posting the Libraries on any websites, in mobile applications and other resources;
– alter, change or otherwise process the Libraries;
– take any other actions in relation to the use of the Creations that violate the legislation on the protection of intellectual property;
Failure to comply with the requirements of clause 3.2.6. The Agreement is a violation of the law (including the relevant norms on the protection of intellectual rights, on the protection of computer information, etc.) and entails legal liability (civil, administrative, criminal) in accordance with the law.
3.2.7. All information posted on the Seller’s Websites about the procedure for using the Catalog, paying for Libraries and other features of the Agreement execution is an integral part of the Agreement and is mandatory for the Buyer.
3.2.8. For any questions that arise, the Buyer has the right to contact the Seller’s Support Service by e-mail: khandamianvictor@gmail.com
- Terms of payment
4.1. The Buyer makes a payment in any available way on the terms specified on the Seller’s Website.
4.2. The Seller has the right to unilaterally change the current prices by posting relevant information on the Seller’s Website. Any change in prices does not apply to already paid Libraries that are in your personal account.
- Responsibility of the parties. Limitation of Seller’s Liability
5.1. The Buyer assumes full responsibility and risks associated with the use of the Catalog.
5.2. The Buyer is fully responsible for the use of the Login and Password by third parties.
5.3. The Buyer is fully responsible for the use by third parties of the information transmitted by the Seller to the email address specified by the Buyer during registration.
5.4. The Seller is not responsible for any costs of the Buyer or direct or indirect damage that may be caused to the Buyer as a result of using the Catalog.
5.5. The Seller is not responsible for the quality of access to the Catalog via the Internet.
5.6. Under no circumstances will the Seller be responsible for the use of the Login and Password by third parties.
5.7. The Seller is not responsible for direct or indirect damage incurred by the Buyer as a result of data transmission errors, failures / defects in the operation of software and / or equipment, data loss and damage, data processing or display errors, data transmission delays and other failures that occurred through no fault of the Seller.
5.8. The Seller is not responsible for the inability to use the Site, Mobile Applications and / or related services by the User for any reason, including but not limited to: errors, omissions, interruptions, deletions, defects, delays in processing or transferring data, disruption of communication lines , equipment malfunction, any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failure to fulfill the obligations of suppliers of certain services, theft, destruction or unauthorized access to User materials posted on the Site or anywhere else, etc.
5.9. Under no circumstances will the Seller be liable for any expenses of the User or direct or indirect damage, including lost profits or lost data, damage to honor, dignity or business reputation that may be caused to the User as a result of using the Site, Mobile Applications and / or related services.
5.10. The Seller is not responsible to the Buyer if the Buyer, for one reason or another, did not like the content, design, literary and artistic value, etc. the Work of good quality purchased by him, that is, if the Buyer has no technical difficulties when downloading such Work to his device and / or viewing / reading / listening to such Work on his device, provided that this device is technically sound and meets the requirements for placement of such files.
5.11. The Seller is not responsible if the Buyer who paid for and got access to the Catalog, including the Subscription, did not use the access provided to him within the period provided to him.
- Duration of the Agreement
6.1. The Agreement comes into force from the moment it is accepted by the Buyer and is valid until the Parties fully fulfill their obligations.
- Force majeure circumstances
7.1. The Parties are exempt from liability for partial or complete failure to fulfill obligations under this Agreement if such failure was a direct consequence of force majeure circumstances (force majeure) that arose after the conclusion of the Agreement, as a result of extraordinary events, namely: fire, flood, hurricane and earthquake or imposition by public authorities of restrictions on the activities of any of the Parties and other similar circumstances, if these circumstances the Parties could neither foresee nor prevent by reasonable measures.
- Other conditions
8.1. In the event that any provision or any part of the provisions of the Agreement are recognized as invalid or unenforceable, the remaining provisions and parts of the provisions of the Agreement remain in full force and effect.
8.2. All Appendices to this Agreement are its integral part.
8.3. In all other respects, the Parties agreed to be guided by the current legislation of the Republic of Uzbekistan.
- Dispute Resolution
9.1. Disputes and disagreements that may arise under this Agreement are resolved by observing the pre-trial (claim) procedure. The term for consideration by the Seller of the claim is 7 (seven) calendar days from the date of its receipt from the Buyer.
9.2. If the Parties do not come to an agreement, these disputes and disagreements are resolved in court in accordance with the current legislation of the Republic of Uzbekistan.
- Notice about the processing of personal data
10.1. The Buyer, agreeing to the terms of this Agreement, gives his consent to the Seller to process his personal data.
10.2. Consent is given to the processing of the following personal data: IP-address, surname, name; email address, phone number; information about the number of acquired Works, the name of the Works; information about incoming payments, bank account details.
10.3. In the course of processing personal data, the following actions will be performed: collection; recording; systematization; accumulation; storage; clarification (update, change); extraction; using; transmission (provision, access); blocking; removal; destruction.
10.4. The Seller can use the Buyer’s personal data to identify him, clarify payment data, provide personalized services, provide feedback to the Buyer, process applications and requests, perform anonymized statistical calculations, improve the quality of services provided to the Buyer.
10.5. The Buyer’s personal data is processed during the validity of this Agreement. The buyer has the right to revoke his consent to the processing of his personal data by sending a written application to the address specified in the Agreement.