Terms & Conditions

Use Terms

Terms and Conditions were last updated on 07/25/2021

This Agreement defines the terms of use by the Users of the materials and services of the site "Photographer-Retoucher Elina Kazandaeva-Komarevch" located on the Internet at the address: https://eli-kazandaeva.com(further as the "Website").

1. General Conditions
1.1. The use of materials and services of the Website is governed by the norms of the current legislation of the Russian Federation.
1.2. This Agreement is a public offer. By accessing the materials of the Site, the User is considered to have acceded to this Agreement.
1.3. The Website Administration has the right to unilaterally change the terms of this Agreement at any time. Such changes take effect 3 (Three) days from the date of posting the new version of the Agreement on the website. If the User disagrees with the changes made, he is obliged to refuse access to the site, stop using the materials and services of the site.

2. Introduction
These Terms and Conditions apply to this Website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

3. Binding
By registering with, accessing, or otherwise using this Website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.

4. Electronic communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

5. Intellectual property
Kazandaeva Elina own and control all of the copyright and other intellectual property rights in the Website and the data, information, and other resources displayed by or accessible within the Website.

6. All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this Website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

7. Newsletter
Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our Website.

8. Third-party property
This website may include hyperlinks or other references to other party’s Websites. We do not monitor or review the content of other party’s websites which are linked to from this Website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

9. Responsible use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.

Participation in any activity that causes or may cause damage to the website or interferes with its operation, accessibility or accessibility is strictly prohibited.

10. Registration
You may register for an account with our Website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the Website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

11. Idea submission
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

12. Termination of use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the Website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the Website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

13. Warranties and liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
• this website or our products or services will meet your requirements;
• this website will be available on an uninterrupted, timely, secure, or error-free basis;
• the quality of any product or service purchased or obtained by you through this website will meet your expectations.
Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

14. Privacy

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.
We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

15. Minimum age requirement
By using our website or agreeing to these Terms and Conditions, you warrant and represent to us that you are at least 5 years of age.
If you are over 5 years old but under the age of 16, your Parent or legal guardian must review and agree to these Terms before you use our website any further, and your Parent or legal guardian will be responsible and liable for all of your acts and omissions.

16. Export restrictions / Legal compliance
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of Russian Federation.

17. Assignment
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

18. Breaches of these Terms and Conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

19. Force majeure
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

20. Indemnification
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

21. Waiver
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

22. Language
These Terms and Conditions will be interpreted and construed exclusively in Russian. All notices and correspondence will be written exclusively in that language.

23. Entire agreement
These Terms and Conditions, together with our Privacy Statement and Cookie Policy, constitute the entire agreement between you and Elina Kazandaeva in relation to your use of this website.

24. Updating of these Terms and conditions
We may update these Terms and Conditions from time to time. The date provided at the beginning of these Terms and Conditions is the latest revision date. We will give you a written notice of any changes or updates, and the revised Terms and Conditions will become effective from the date that we give you such a notice. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions. To request a prior version of these Terms and conditions, please contact us.

25. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of Russian Federation. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Russian Federation. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

26. User Obligations
26.1. The user agrees not to take actions that may be considered as violating Russian law or international law, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Website and services Website.
26.2. Using the materials of the Site without the consent of the copyright holders is not allowed (Article 1270 of the Civil Code of the Russian Federation). For the lawful use of the materials of the Website, it is necessary to conclude licensing agreements (obtaining licenses) from the Copyright Holders.
26.3. When citing materials from the Website, including copyrighted works, a link to the Website is required (subparagraph 1 of paragraph 1 of Article 1274 of the Civil Code of the Russian Federation).
26.4. Comments and other records of the User on the Website should not conflict with the requirements of the legislation of the Russian Federation and generally accepted norms of morality and ethics.
26.5. The user is warned that the Website Administration is not responsible for visiting and using external resources, links to which may be contained on the site.
26.6. The User agrees that the Website Administration is not responsible and has no direct or indirect obligations to the User in connection with any possible or incurred losses or losses associated with any content of the Website, copyright registration and information about such registration, goods or services, Available on or obtained through external sites or resources or other contacts of the User, which he entered using the information posted on the Website or links to external resources.
26.7. The user accepts the provision that all materials and services of the Website or any part of them may be accompanied by advertising. The user agrees that the Website Administration does not bear any responsibility and does not have any obligations in connection with such advertising.

27. Other Terms
27.1 All possible disputes arising from or related to this Agreement shall be resolved in accordance with the current legislation of the Russian Federation.
27.2 Nothing in the Agreement can be understood as the establishment between the User and the Website Administration of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for by the Agreement.
27.3 The recognition by the court of any provision of the Agreement as invalid or not subject to enforceability does not entail the invalidity of other provisions of the Agreement.
27.4 Inaction on the part of the Website Administration in case of violation by any of the Users of the provisions of the Agreement does not deprive the Website Administration of the right to take later appropriate actions in defense of their interests and copyright protection of the Website materials protected in accordance with the legislation.

Этот веб-сайт принадлежит и управляется владелицей и администратором — Элиной Казандаевой.

Вы можете связаться со мной по поводу данных Положений и Условий через страницу Обо Мне/Контакты.

The user confirms that's familiar with all the clauses of this Agreement and unconditionally accepts them.

Photography | PhotoSessions | PhotoServices
Elina Kazandaeva-Komarevch
Фотограф-ретушер Элина Казандаева-Комаревч

Copyright © 2016-2022 Photographer Elina Kazandaeva.
All rights reserved.

Российский рубль
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