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User agreement
PUBLIC OFFER AGREEMENT
This Public Offer Agreement (hereinafter also “the Agreement”) is a public offer of Eternal Art LLC (hereinafter also “the Company”).
By registration on the website under the domain name yburlan.ru (hereinafter “the Site”) or making remuneration under the Agreement (depending on what takes place earlier), you (hereinafter also “the User”) give full and unconditional consent to the conditions set forth herein (including those included by reference to other legally binding documents), following which there appear legal relations (rights and obligations) between us, the Company and the User (hereinafter also “the Parties” or “Party” if referred to separately).
For convenience and confirmation of the deal we will forward you the Agreement Text and other terms of the deal, if any, to the specified e-mail along with confirmation of the receipt of your payment.
If you do not agree with either of the term or it is not clear to you, we request you postpone registration on the Site until the elimination of ambiguities or disagreement.
1. SUBJECT
1.1. According to the Agreement the Company allows the User to use the functionality of the Site on the terms and in order specified in the Agreement, as well as the Company may provide consulting services if the Agreement provides for the same.
1.2. The User is to use the Site as is, i.e. the User has not right to demand or expect from the Site other than is provided by the Company. The Company does not give any guarantees regarding the compatibility of the Site, its functionality and other similar guarantees and does not undertake to provide technical support in relation to the Site. At the same time, the Company has the right to independently determine the functionality of the Site and make any changes to the Site at any time.
If access to a specific functionality of the Site was paid for by the User, then until the Company fully fulfills its obligations, it is entitled to make those changes to the functionality that do not worsen the position of the User.
2. RIGHTS AND OBLIGATIONS OF PARTIES
2.1. Conclusion of Agreement.
2.1.1. The User can only be an individual who has the capacity to enter into such an Agreement.
2.1.2. The acceptance of the present offer of the Company (the Agreement) is carried out by the User automatically (without participation of the Company) by filling out a questionnaire and registering or paying the amount specified by the Company, depending on what takes place earlier.
2.1.3. By registering or paying, the User expresses its full and unconditional acceptance of the Agreement and the other rules of the Site contained therein.
2.1.4. After successful registration, the User is assigned a unique identifier in the Company's client accounting system, and after payment, a unique login and password for accessing the consultations, which he undertakes to keep confidential. The existence of a unique identifier confirms the conclusion of the Agreement between the Company and the User.
2.2. The User undertakes to use the Site and participate in online consultations under the IP address allocated to the User by his Internet provider, i.e. undertakes not to use anonymizers, VPN and other similar services that allow you to hide the real IP address of the Internet user only if it is not directly recommended by the Company as part of technical support.
2.3. When using the Site and the services of the Company, the User undertakes to refrain from spam, flood, flame, trolling, off top, undertakes to adhere to the rules of communication established on the Internet, observing netiquette (terms are used in their usual meaning, in particular, available at ru.wikipedia.org/ wiki / Network etiquette), legislation and rights of third parties. The User undertakes to refrain from using the Site and the Company's services for unfair purposes (such as: infringement of the rights and legitimate interests of third parties, trolling, profit, deception, misrepresentation, fraud, insults, humiliation of human dignity, etc.).
2.4. The User undertakes not to use the Site for promotional purposes (for example, to constantly write about the same person, product or service of the same manufacturer, refer to the same site, etc.).
2.5. Consulting services and additional functionality of the Site, offered by the Company on the Site for a fee, are provided on the terms of the Agreement and within the framework of it. The Company has the right to determine special conditions for a particular service, functional, and in the event of a conflict with the Agreement, the conditions established by the Company for the respective service or functional will apply.
The Company brings all special conditions, including the price, to the User before payment.
2.6. If the paid period of using a certain functionality of the Site (license period) has expired, the Company has the right to terminate or restrict the User’s access to the corresponding functionality and / or to the Site entirely.
2.7. A license (permission) for a specific functionality of the Site is considered to be properly provided and accepted by the User, if the User has not sent written claims to the Company within 12 hours after payment or after the actual provision of access to the functionality, as determined by the Company, if they do not match.
2.8. Possible payment methods are indicated by the Company on the Site. The User understands that payment agents can take a commission for accepting payments in favor of the Company and / or for making a transfer that is paid by the User above the price set by the Company.
2.9. The company also has the right to provide certain additional functions / opportunities and other preferences to this or that registered Users at their own unmotivated choice.
2.10. The User has the right to use the Site within the framework of the functionality that is directly provided for them and is intended.
The User undertakes to refrain from modifying the computer program (the Site) and the results generated by it, including by affecting it with program codes and not expressly provided for requests, from adapting and decompiling the computer program, from bypassing technical means of protection, as well as saving downloads and recordings of audio, video and / or audiovisual materials posted on the Site, and consultations, as well as from copying (including for personal purposes) any messages from the Company or other users, since by default, they are in secret mode, unless such downloading, recording and copying is not explicitly authorized by the Company or follows from the merits of the license and / or services of the Company.
The User undertakes to refrain from using possible technical vulnerabilities of the Site (bugs, "holes", etc.), and if they are detected, he undertakes to notify the Company as soon as possible by email.
2.11. The User agrees to familiarize himself with and comply with the terms of use of the Site and the services of the Company contained on the Site and outgoing from the Company.
2.12. The Company does not use the personal data of the User, except for the purposes of executing the Agreement. The User understands that in a number of situations in order to properly perform the consulting services ordered by the User and / or in order to fully utilize the paid functionality of the Site, the Company must provide personal data received from the User to third parties (for example, consultants); The user authorizes this provision of personal data.
2.13. The User understands that when they access the Site by third parties that provide services for maintaining site attendance statistics (Internet counters), technical information is collected about the User’s device from which the Site is accessed, including but not limited to: IP address, approximate location of the device, information about the operating system, Internet browser, screen resolution. This information can be used by the Company to identify the User in the execution of the Agreement, as well as to develop the Site and optimize the Site for the User.
2.14. The user allows the Company to use the contact information provided to them in order to promote goods, works, services on the market by making direct contacts with him, including the purpose of notifying about changes on the Site and the Company's services, promotions, contests, events, etc. This permission can be revoked by the User in a written notice to the Company on the contacts indicated on the Site or by clicking on the link in such emails.
2.15. The User consents to the adoption by the Company on the basis of exclusively automated processing of personal data of decisions that give rise to legal consequences in relation to the User or otherwise affect his rights and legitimate interests when it concerns the provision of certain additional rights / opportunities to the User (for example, discounts services, provision of additional functionality on the Site, prize draws in the form of goods and services, etc.).
2.16. Any paid license change on the Site and / or additional paid services are carried out after the 100% prepayment, unless otherwise expressly indicated by the Company.
3. TERMS OF RENDERING CONSULTING SERVICES (CONDUCTING CLASSES)
3.1. The Company may provide consulting services (the cost of services is indicated on the Site) in the form of:
free introductory lectures - as a rule, 4 familiarization consultations (classes) are held once a month and a half, access is open to all comers who must sign an Agreement to participate;
trainings - paid group online consultations (classes) in the amount of usually not less than 12 lessons that last, as a rule, for 4 hours or more;
thematic lectures - paid group consultations in the amount of 1-2 on usually narrow topics.
3.2. Paid consulting and other services are provided on the terms of a subscription agreement, unless otherwise expressly provided by the Company. That is, the User is granted the right to request execution from the Company on conditions agreed in advance. If the User does not exercise the right granted and / or partially realizes it, then the remuneration is not refundable and / or recalculated.
The Company may also offer the so-called "subscription". Unless otherwise specified by the Company, the subscription is a subscription contract for one year, during which the User is entitled to participate in any paid consultations organized by the Company, information about which is reported on the Site, subject to other conditions of participation (for example, submitting an application for participation), remuneration is paid at the conclusion of the contract and confirms the conclusion.
3.3. Consultations, including long-term, periodic ones are not a process of upbringing and / or training, are not aimed at qualifications upgrade, are not an educational program. The Company does not issue documents on education, qualifications, training, certification, etc. after their completion. Even if a number of consultations may involve tasks for the User and their verification by the Company.
3.4. The Consulting Service of the Company is deemed to be duly provided and accepted by the User if the User has not sent written claims to the Company within 12 hours after the planned completion of the consultation (as defined in the Company's schedule).
3.5. Unless otherwise specified by the Company, it may, at its discretion, provide the User, who missed more than 2/3 of the paid interactive (online) lesson, the opportunity to access a lesson on the same topic with the next group in accordance with the schedule indicated on the Site.
3.6. The Company has the right to unilaterally change the schedule of consultations, of which it notifies the User in advance (at least 24 hours), unless the schedule change is related to the actions of third parties, the responsibility for which is not directly assumed by the Company (in this case the notification is made by the Company during the first opportunities). If, as a result of the changes, the User cannot receive the corresponding paid consultation (with the exception of the User who paid for the subscription), he is given the opportunity provided for in paragraph 3.5 of the Agreement.
3.7. The Company has the right to unilaterally change the consultation program, however, not narrowing the previously stated topic and / or plan, as well as not reducing the number of consultation hours.
4. USER CONTENT
4.1. The User and only the User determines how to use the Site, including the forum, within the framework of the opportunities provided by the Agreement and the technical functionality of the Site. The User is fully responsible for the materials (content) placed by him on the Site and transmitted by him (via e-mail, via the Site, through the services of 3 persons, etc.) to the Company both to the person whose rights are violated, and to the Company, for violation of the terms of the Agreement.
4.2. The Company does not control (does not track, does not approve and does not approve) the User’s materials, does not perform pre-moderation, unless otherwise expressly indicated by the Company. Including does not control the content of messages of the User.
The Company does not initiate the placement of material in the interests or on behalf of the User. The placement of the User’s material is carried out on his initiative and as a result of his actions using automated technical means on the Site or services of third parties. The Company does not control the specific placement of the material, does not select and does not approve the final recipients of the material - visitors to the Site.
The Company does not change the content posted by the User. Possible technical changes in relation to the material do not apply to meaningful changes.
4.3. The Company reserves the right to unilaterally remove, modify or block (make inaccessible to third parties) any material, suspend or restrict the User’s access to the relevant functionality and / or the Site entirely, refuse to unilaterally terminate the Agreement, which may entail restriction or blocking User’s access to the Site, if the Company becomes aware (including from third parties) that the use of the Site by the User violates or contributes to the violation of the Company's rights, the rights of third parties (in including other users and / or visitors to the Site), legislation, international rules and regulations, the Agreement and / or does not correspond to the idea and essence of the Site - in order to prevent violations and / or inconsistencies.
The Company has the right to take actions provided for by this clause without prior notice to the User if it deems it necessary to promptly respond to the violation or the alleged violation.
The User undertakes to take actions (measures) of the Company taken on the basis of this clause, regardless of their evaluation and assessment of the grounds that caused them, by the User himself.
4.4. In the sense of the Agreement, unless otherwise specified by the Company, the user content means also the content that the User creates at the Company's suggestion, on the Site and / or other users, for example: testimonials and reviews about the Company, its services, consultations (including trainings, lectures and etc.), about his experience, about himself and others. The delimitation of such materials from any other, simply created by the User, serves as a criterion of whether the User has made such material available to the Company (for example, by posting on the Site, including the forum, directed his Company through the Site and / or by e-mail, as well as other means of communication). Such content, respectively, is also subject to the offer provided for by clause 4.5 of the Agreement.
4.5. The User hereby makes the Company an irrevocable offer with the opportunity to express acceptance during the entire period of validity of the exclusive right to the relevant user content, in case of acceptance of which the Company is entitled to use any user content it chooses (both posted on the Site and transferred to the Company by other means) under the terms of a simple (non-exclusive) license.
The license is granted by the User free of charge, to use the selected material by any means, including reproduction, distribution, import, export, public performance, display, rental, broadcast, cable, making public, processing, address transmission by means of communication, etc. without restriction on the territory (to any territory) and without restriction on the term of validity (for the entire duration of the exclusive right).
The User allows the Company to use the Anonymous (without specifying the User’s name), and also allows any change, including abbreviation and addition, name change, correction of grammatical errors, supply of materials when using them with illustrations, prefaces, afterwords, comments or whatever explanations, the use of the material or its part in or together with other objects of copyright and / or related rights, etc.
The Company is not obliged to provide the User with usage reports.
The Company is entitled to provide the obtained rights to third parties in the procedure of sublicensing without the additional consent of the User (it is considered that the User hereby consented to sublicense such materials to any third parties at the Company's option).
The irrevocability of the offer, in particular, implies that if the User decides to remove some or all of its user content from the Site, the Company has the right to leave it on the Site, accepting this offer.
The acceptance of the offer set forth in this clause can be carried out either by notifying the User by e-mail or by actual actions - using the appropriate User user content in accordance with the terms of this offer.
4.6. The User hereby makes the Company an irrevocable offer (offer) with the possibility of expressing an acceptance for fifty years, in case of acceptance of which the Company has the right to use the image of the User, recorded both in the materials posted by the User (for example, photographs, video materials), and in the materials that are recorded (created) in the process, as a result or in connection with the execution of the Agreement (for example, during training, lectures, other consultations ).
Permission is granted by the User free of charge, for use by any means and for any purpose (including advertising), without restriction on the territory (to any territory), for a period of 100 years from the beginning of use, with or without indication of the name of the User when using images (at the option of the Company).
The Company has the right to issue permissions to use the User’s image to third parties (sublicense) within the framework of the received permission. The Company is not obliged to report on the use of the User’s image.
The acceptance of the offer set forth in this clause can be carried out both by notifying the User by e-mail or by actual actions - using the image of the User in accordance with the terms of this offer.
5. AMENDMENT AND TERMINATION OF THE AGREEMENT
5.1. The Company has the right to make changes to the Agreement unilaterally. The User is notified of this change by email. The Company has the right, but, as a rule, will not notify the User about changes in the conditions included in the Agreement by reference, including those posted on other pages of the Site (see clause 7.2 of the Agreement).
Unless otherwise specified in changeable documents (including the Agreement) or in the notice of change, changes to take effect immediately (after their publication on the Site).
If the User is not satisfied with the changes, he is entitled to refuse to execute the Agreement in accordance with clause 5.4 of the Agreement.
5.2. The Company has the right to unilaterally refuse to perform the Agreement fully or partially and / or block (suspend and / or terminate the User’s access to the site and / or its functionality) if the User violated any of the terms of the Agreement or his use of the Site contradicts the established rules for using the Site, out of the general rules of conduct on the Site or otherwise contrary to the idea, concept or spirit of the Site.
5.3. The Company has the right to unilaterally completely or partially refuse to execute the Agreement at any time, notifying the User by e-mail within three days, but is obliged to retain the opportunity for the User to use the paid services and the paid functionality of the Site within the terms of the license.
5.4. The User has the right to unilaterally refuse to execute the Agreement by sending an e-mail notification to the Company, if at the time of the refusal he does not violate the Agreement and no measures for violation (in particular, block
The User’s refusal of the Agreement does not apply to those provisions of the Agreement in which their validity period is provided (for example, licenses, permits, offers, period of protection of confidential information, etc.).
5.6. Unless otherwise expressly provided by the Agreement and does not follow from the essence of the termination (for example, in connection with the violation of the Agreement by the Company, when allowed by law or the Agreement), upon termination of the Agreement, the fee paid by the User is not returned to him, because is a payment either under a license agreement (for the granted right to use the functionality of the Site) or under a subscription agreement (for the right to require the provision of consulting services of the Company in a predetermined amount and / or on other agreed terms).
6. RESPONSIBILITY OF THE PARTIES
6.1. The Company is liable only if it acted intentionally to violate its obligations under the Agreement.
6.2. In the case of attracting the Company as a respondent or defendant or in the case of pre-trial claims to the Company in connection with the material posted by the User, the User is obliged to reimburse the Company for all losses incurred in full (including the costs of legal services related to pre-trial settlement, court costs, fines compensation, damages, etc.). The specified obligation is subject to execution within ten days from the moment of sending the request to the User.
6.3. The Company, the authors of the results of intellectual activities available on the Site, other persons providing services under the Agreement shall not be liable for the consequences of any decisions or actions of the User made or based on the information received under the Agreement, including from the Site. The user independently analyzes the information, draws his own conclusions and makes his own decisions. The above persons do not declare and do not guarantee that the information is 100% true, and the consultations on the Agreement are only a personal opinion, teaching, approach to life, and not one hundred percent recipe for each regarding the stated topic of consultation.
Consultations and materials of the Site do not have a healing property, do not relate to medical materials, do not replace medical diagnostics, if it is necessary for the User.
6.4. In the case of use by the User (in any way, including by: copying, distributing, communicating to the public, targeted transmission by means of communication, etc.) in whole or in part, the results of intellectual activities available on the Site, including audio, video, photo , audiovisual, textual and other materials, know-how (including information not publicly available to a wide range of persons), the Company has the right to recover from the User a penalty in the amount of $5000 for each violation of the rights to each th result of intellectual activity and / or for each case of use of confidential information.
6.5. The Company notes that the processing of the results of intellectual activity is a separate violation of intellectual rights and is unacceptable. In this connection, conducting trainings and other group or individual consultations on materials received from the Company will violate the rights of the Company and will be prosecuted by the Company under the law and the Agreement. Understanding the importance of this warning, the user undertakes to refrain from illegal use and prohibited by the Agreement, and as a guarantee of compliance with this obligation, agrees to pay a penalty at the Company's request in the amount of $6000 for each case of a training, lecture or other group or individual consultation. If the same action of the User violates both clause 6.4 and clause 6.5 of the Agreement, provided for by the clauses, the penalties are summed up.
7. OTHER PROVISIONS
7.1. The Agreement is concluded for an indefinite period.
7.2. Due to the fact that the User is provided with services determined by the Site’s functionality, the Parties have agreed to consider technical restrictions and other terms of service provision (use of the Site) as well as the terms of a particular use reflected by the Company (but not by other persons) on the Site’s pages.
7.3. The parties have agreed to consider the information received by the User as a result of paid services or paid access to the Site confidential. The user may not disclose it, including publicly distribute or transmit, without the prior written consent of the Company throughout the term of the Agreement and 50 years after its termination.
If the Company has made some of the information received by the User permanently available on the Site, then such information may be distributed by the User, provided the information owner is indicated (unless otherwise indicated on the Site, Yuri Burlan should be indicated as such) and the source of information (link / URL to Site and / or domain name), as well as subject to intellectual rights (for example, the terms of the free use allowed).
7.4. The User understands that the Company is not responsible for the communication channels, in particular for the services of the user's Internet provider. For online consultation, the User is recommended to have a data transfer rate of at least 1500 kbps.
7.5. US law applies to the relationship of the Parties.
7.6. Consulting and other services under the Agreement may be provided by third parties under the Company's agreements with them.
7.7. Yuri Burlan is the author and developer of system-vector psychology, the author and host of consultations, the owner of information on system-vector psychology, distributed in particular through the Site.
7.8. The competent court for the settlement of disputes related to the Agreement will be the court at the place of registration of the Company, determined on the day of filing the claim.
7.9. The text of the Agreement is protected by copyright (the exclusive right is reserved for the author of the text). The user and third parties are not entitled to use the text of the Agreement or its protected parts in other contracts, nor does it have the right to make any other use of the text of the Agreement, except for the purposes of the execution of the Agreement and only when such use of the text of the Agreement or its parts is necessary.
7.10. The parties recognize the validity of e-mails - documents sent by e-mail (e-mail), and recognize them as equivalent documents on paper, signed by handwritten signature, since only the Parties themselves and their authorized persons have access to the appropriate means of communication - email addresses. Each Party shall access the e-mail with a password and undertakes to keep it confidential.
On the Company's side, these are the email addresses indicated on the Site. From the User’s side, this is the e-mail address specified by him in the order of paid access and / or services.
7.11. Electronic documents signed in accordance with paragraphs 7.10, 7.11 of the Agreement, will be appropriate written evidence in a legal process.
7.12. The current edition of the Agreement is posted on the Site at en.yburlan.ru/public_offer_agreement.
8. COMPANY DETAILS
Eternal Art, LLC