1. General Provisions
1.1. This User Agreement (hereinafter referred to as the Agreement) refers to the Experiment.gallery online photo gallery site located at https://experiment.gallery/ and to all relevant sites linked to the https://experiment.gallery site /.
1.2. The site of the online photo gallery “https://experiment.gallery/” (hereinafter referred to as the Site) is the property of the Individual Entrepreneur Golinskaya Irina Ivanovna.
1.3. This Agreement governs the relationship between the Administration of the site of the online photo gallery “https://experiment.gallery/” (hereinafter referred to as the Administration of the site) and the User of this Site.
1.4. The site administration reserves the right to change, add or delete clauses of this Agreement at any time without notifying the User.
1.5. Continued use of the Site by the User means acceptance of the Agreement and the changes made to this Agreement.
1.6. The user is personally responsible for checking this Agreement for changes in it.
1.7. Citizens of the Russian Federation and foreign citizens who have reached the age of majority can become buyers and purchase works. If the user does not reach the age of majority, the user can be represented when performing legally significant actions on the portal by his legal representatives (parents, guardians), or he can provide the portal administration with documents of emancipation drawn up in accordance with the current legislation.
1.8. The user can act on behalf of and on behalf of another (represented) person, subject to three conditions: 1) notification of this circumstance to the Site Administration, 2) registration of powers in the form and in the manner prescribed by the current legislation of the Russian Federation, 3) sending to the website Administration a scanned copy of duly executed documents on powers to represent interests.
2. Definitions of terms
2.1. The terms listed below have the following meanings for the purposes of this Agreement:
2.1.1 “Experiment” (Experiment.gallery) – an online photo gallery of modern, relevant, young photography, located on the domain name https://experiment.gallery/, operating through the Internet resource and related services.
2.1.2. “Online Photo Gallery”, “Site” – a site containing information about the Works of Art, the Seller, allowing you to select, order and (or) purchase of Works of Art.
2.1.3. Administration of the online photo gallery site – authorized employees to manage the Site, acting on behalf of the Individual Entrepreneur Golinskaya Irina Ivanovna.
2.1.4. User of the online photo gallery website (hereinafter referred to as the User) is a person who has access to the Site via the Internet and uses the Site.
2.1.5. The content of the online photo gallery website (hereinafter referred to as the Content) is the protected results of intellectual activity, including annotations, articles, illustrations, covers, graphic, textual, photographic, derivatives, composite and other works, user interfaces, visual interfaces, trademark names, logos, computer programs, databases, as well as design, structure, selection, coordination, appearance, general style and location of this Content included in the Site and other intellectual property objects all together and / or separately contained on the online photo gallery website …
2.1.6. “Author”, “Artist” – the author of the Work of Art, or any natural or legal person who has exclusive rights to the Work of Art obtained by virtue of law or contract.
2.1.7. “A work of art” – a photographic work and a work obtained by methods similar to photography, a digital image, other copyright object posted on the site for review and (or) acquisition by the User of the site.
3. Subject of the agreement
3.1. The subject of this Agreement is to provide the User with an online photo gallery with access to the Works of Art contained on the Site and the services provided.
3.2. The online photo gallery provides the User with the following types of services (services):
- access to electronic content on a free basis, with the right to purchase, view content;
- access to search and navigation tools of the online photo gallery;
- creating an account (account) on the Site with the ability to enter delivery address data, saved orders and favorites from the content of the online photo gallery;
- providing the User with the opportunity to contact artists, the Site Administration for free;
- access to information about artists, events and news online photo galleries;
- access to information about online photo gallery services provided on a paid basis;
- other types of services (services) sold on the pages of the online photo gallery.
3.1.2. This Agreement covers all currently existing (actually functioning) online photo gallery services (services), as well as any subsequent modifications and additional services (services) of online photo galleries appearing in the future.
3.3. This Agreement is a public offer. By accessing the online photo gallery, the User is considered to have acceded to this Agreement.
3.4. The use of materials and services of the online photo gallery is governed by the current legislation of the Russian Federation.
4. Rights and obligations of the Parties
4.1. The Site Administration has the right to:
4.1.1. Change the rules for using the Site, as well as change the content of this Site. Changes come into force from the moment the new version of the Agreement is published on the Site.
4.1.2. Restrict access to the Site if the User violates the terms of this Agreement.
4.2. The user has the right to:
4.2.1. Use all the services (services) available on the Site, as well as purchase any Works of art offered on the Site.
4.2.2. Ask any questions related to the services of the online photo gallery using the details that are in the “Contacts” section of the Site.
4.2.3. Use the Site solely for the purposes and in the manner provided for by the Agreement and not prohibited by the legislation of the Russian Federation.
4.3. The Site User undertakes:
4.3.1. Provide, at the request of the Site Administration, additional information that is directly related to the services provided by this Site.
4.3.2. Observe the property and non-property rights of authors and other rightholders when using the Site.
4.3.3. Do not take actions that may be considered as disrupting the normal operation of the Site.
4.3.4. Not to distribute using the Site any confidential and protected by the legislation of the Russian Federation information about individuals or legal entities.
4.3.5. Avoid any actions that may violate the confidentiality of information protected by the legislation of the Russian Federation.
4.3.7. Do not use the services of the online photo gallery website for the purpose of:
- uploading content that is illegal violates any rights of third parties; promotes violence, cruelty, hatred and (or) discrimination on racial, ethnic, gender, religious, social grounds; contains false information and (or) insults to specific individuals, organizations, authorities.
- inducement to commit illegal actions, as well as assistance to persons whose actions are aimed at violating the restrictions and prohibitions in force on the territory of the Russian Federation.
- violation of the rights of minors and (or) causing them harm in any form.
- infringement of the rights of minorities.
- representing oneself as another person or representative of an organization and (or) community without sufficient rights, including for the employees of this Site.
4.4. The user is prohibited from:
4.4.1. Use any device, program, procedure, algorithm or method, automatic device or equivalent manual process to access, acquire, copy or track the content of the Site.
4.4.2. Disrupt the proper functioning of the Site.
4.4.3. In any way to bypass the navigation structure of the Site to receive or attempt to obtain any information, documents or materials by any means that are not specifically provided by the services of this Site.
4.4.4. Violate the security or authentication system on the Site or in any network related to the Site.
4.4.5. Perform a reverse search, track or attempt to track any information about any other User of the Site.
4.4.6. Use the Site and its Content for any purpose prohibited by the laws of the Russian Federation, as well as incite any illegal activity or other activity that violates the rights of the online photo gallery or others.
4.4.7. act on behalf and at the expense of third parties, without observing the procedure established in clauses 1.7, 1.8 of the agreement.
5. Use of the online photo gallery site
5.1. The Site and the Content that is part of the Site is owned and operated by the Site Administration.
5.2. The content of the Site cannot be copied, published, reproduced, transmitted or distributed in any way, as well as posted on the global Internet without the prior written consent of the Site Administration.
5.3. The content of the Site is protected by copyright, trademark law, as well as other rights related to intellectual property and unfair competition laws.
5.4. The acquisition of the Artwork offered on the Site is possible after creating an account or authorizing the User.
5.5. The User is personally responsible for maintaining the confidentiality of account information, including the password, as well as for all, without exception, activities that are conducted on behalf of the User of the account.
5.6. The user must immediately notify the Site Administration of any unauthorized use of his account or password or any other security breach.
5.7. The site administration has the right to unilaterally cancel the User’s account if it has not been used for more than 12 consecutive calendar months without notifying the User.
5.8. This Agreement applies to all additional terms and conditions for the purchase of the Work and the provision of services provided on the Site.
5.9. The information posted on the Site should not be construed as a change to this Agreement.
5.9. The site administration has the right, at any time, without notifying the User, to make changes to the list of Works and services offered on the Site, and (or) to the prices applicable to such Works for their sale and (or) the services provided by the online photo gallery of contemporary art.
5.10. The documents specified in clauses 5.10.1 – 5.10.2 of this Agreement are regulated in the relevant part and apply to the use of the Site by the User. This Agreement includes the following documents:
5.10.1. Personal data processing policy;
5.10.2. Public offer.
5.11. Any of the documents listed in clause 5.10. of this Agreement may be subject to renewal. Changes come into force from the moment they are published on the Site.
6.1. Any losses that the User may incur in the event of intentional or reckless violation of any provision of this Agreement, as well as due to unauthorized access to the communications of another User, are not reimbursed by the Site Administration.
6.2. The site administration is not responsible for:
6.2.1. Delays or failures in the process of performing an operation arising from force majeure, as well as any case of malfunctions in telecommunications, computer, electrical and other related systems.
6.2.2. Actions of transfer systems, banks, payment systems and for delays associated with their work.
6.2.3. The proper functioning of the Site, if the User does not have the necessary technical means to use it, and also does not bear any obligations to provide the Users with such means.
7. Violation of the terms of the User Agreement
7.1. The site administration has the right to disclose any information collected about the User of this Site, if disclosure is necessary in connection with an investigation or complaint regarding the misuse of the Site or to establish (identify) a User who may violate or interfere with the rights of the Site Administration or the rights of other Site Users.
7.2. The site administration has the right to disclose any information about the User that it deems necessary to comply with the provisions of the current legislation or court decisions, ensure compliance with the terms of this Agreement, protect the rights or safety of the Individual Entrepreneur Irina Ivanovna Golinskaya, Users.
7.3. The site administration has the right to disclose information about the User if the current legislation of the Russian Federation requires or permits such disclosure.
8. Dispute Resolution
8.1. In the event of any disagreement or dispute between the Parties to this Agreement, a prerequisite for filing a claim (a written proposal for a voluntary settlement of the dispute) is a prerequisite before going to court.
8.2. The recipient of the claim within 30 calendar days from the date of its receipt shall notify the applicant of the claim in writing about the results of the consideration of the claim.
8.3. If it is impossible to resolve the dispute on a voluntary basis, any of the Parties has the right to apply to the court for the protection of their rights, which are granted to them by the current legislation of the Russian Federation.
9. Additional terms
9.1. The site administration does not accept counter offers from the User regarding changes to this User Agreement.
Published on September 13, 2021