Option Contract — Terms of Sale
LITRES GLOBAL S.A., hereinafter referred to as “Seller”, on the one hand, and the Internet user, hereinafter referred to as “Customer”, on the other hand, referred together herein as “Parties”, have signed this Contract (hereinafter referred to as “Contract”) as follows:
According to article 435 and Part 2 of article 437 of the Civil Code of the Russian Federation this Contract is an option contract (an offer) for an unlimited number of Internet users.
According to article 438 of the Civil Code of the Russian Federation, the complete and absolute acceptance (accept) of this Contract shall include the following actions performed by the Customer: registration (creation of an account on the Web-site) and (or) the making of an advance payment to download the Products. Performing the above actions the Customer gives his consent for the disclosure of his private information (personal data) pursuant to Clause 10 hereof.
1. Definitions applied herein
1.1. Customer – an Internet user who has accepted the Contract terms (created an account on the Web-site) and/or effected an advance payment to download the Products.
1.2. Products (Content) – any texts or audio recording of literary works (including covers, artworks etc.) in the electronic format which are published in the Internet in various formats and mounted on the Seller’s web-site; are accessible for Users on the Seller’s web-site and/or Mobile Applications as well.
1.3. Catalogue – a collection of Products.
1.4. Login and Password – two unique symbols which identify the Customer and allow the Customer gaining access to the Content.
1.5. Web-site – the Internet information resource located at www.litres.ru and/or at any other address and/or a mobile version of such resource, and/or any mobile application used by the Seller or his partners for posting the Content.
1.6. Mobile Applications – software programs used in mobile phones, smartphones, PDA or other devices which allow the Users to gain access to the Products posted by the Seller or his affiliates on application stores such as Appstore, Google Play or Windows Marketplace or preset on a Customer’s device.
1.7. Downloading – a recording process of Products by the Customer on its computer or other device.
1.8. Billing – a payment system.
1.9. Account – the Customer’s authenticated and personal data stored on servers of the Web-site. Account is created when a user has passed the registration procedure and may be applied for taking specific advantages or certain functions on the Web-site.
2. Scope of the Contract
2.1. The Seller shall provide the Customer an opportunity for downloading Products on a fee paid basis as specified in the Catalogue.
3. Obligations of the Parties
3.1. Obligations of the Seller:
3.1.1. When the terms of Contract have been accepted by the Customer the Seller shall provide the Customer with the Products to be downloaded not later than 24 hours after the payment is confirmed by the Billing system and the Customer is identified as the payer of the payment made.
3.1.2. Not to disclose to third parties the Customer’s login and password, e-mail address as well as other information, including the Customer’s personal data entered upon registration, except for the cases provided for herein.
3.1.3. To notify the Customer of any changes of the contract terms and its Supplements by posting the relevant information on the Web-site not later than 30 (thirty) calendar days before the changes come into effect.
3.2. Obligations of the Customer:
3.2.1. Register on the Web-site. Assign a Password and Login the unique character of which shall be confirmed by the Seller. The Customer also may pass an automatic registration procedure on the actual payment; obtain a Password and login generated in the system and keep them in safe place. Provided that the Customer shall be obliged strictly and unfailingly to follow the Seller’s instructions as to the registration policy as specified on the Web-site.
3.2.2. Effect payment for the Products downloading according to clause 4 hereunder.
3.2.3. Keep the Password and Login confidential which are obtained upon registration.
3.2.4. Apply the Products downloaded only for personal purposes for reading. The Customer shall be entitled to store the Products copies on any personal device owned by him. Customer also may convert the files downloaded along with the Products text in any formats appropriate to him (html, txt, rtf, PDF, BBEb, lit), as such conversion is required by the Customer for reading the Products.
3.2.5. The Customer shall not be entitled to:
(a) Give or send the Products downloaded to third parties (in full or partially);
(b) Officially publish the Products through licensed broadcasting channels such as on radio, television etc.;
(c) Replay the Products, that is to make duplicates or parts thereof in any material form, if the Products are for the subsequent distribution;
(d) Bring the Products to public notice through the Internet and other digital networks;
(e) Recast or in any manner reprocess the Products texts.
(f) Carry out other actions that are in contradiction with intellectual property laws.
Not following the requirements of clause 3.2.5 hereunder shall be a deed of violation of intellectual property laws and is prosecuted to the fullest extent of the law!
3.2.6. All information published on the Web-site and/or in Mobile Applications on the instructions for Catalogue use, payment for the Products and other peculiarities when executing this Contract is an integral part hereof and is binding to the Customer.
4. Terms of Payment
4.1. Customer shall effect an advance payment in Russian rubles on the terms as specified on the Web-site.
4.2. The Seller may unilaterally alter the current prices by posting the relevant information on the Web-site. Any alteration in prices is not applied to the Products that have already been paid for.
4.3. It is possible for the Customer to link the account to his bank card.
5. Liabilities of the Parties. Liability restrictions for the Seller.
5.1. The Customer shall be fully liable for any risks which are related to the Catalogue use.
5.2. The Customer shall bear responsibility for using the Password and Login by third parties.
5.3. The Customer shall bear responsibility for applying the information by third parties which is sent by the Seller via e-mail as notified by the Customer in registration.
5.4. The Sellery shall not be liable for any costs born by the Customer or direct/indirect damage to be caused to the Customer when using the Catalogue.
5.5. The Seller shall not be liable for the access quality to the Catalogue in the Internet.
5.6. In no event shall the Seller be responsible for using the Password and Login by third parties.
5.7. The Seller bears no responsibility for direct/indirect damage to be caused to the Customer in the course of data transfer errors, failure/defects of software and/or equipment, data loss and corruption, user errors or data display errors, delay in data transfer and other interruptions that occurred not due to the Seller’ fault.
5.8. Web-site, Mobile Applications and all related services shall be provided on an "as is" basis and without direct/indirect guarantees that the Web-site, Mobile Applications and/or services are compatible/incompatible for the specific destination.
5.9. The Seller shall not be liable for failure to use the Web-site, Mobile Applications and/or related services of the User for any reasons, including, but not limited to: errors, omissions, interruptions, deletion, defects, delay in processing or data transfer, disturbance in communication lines, equipment malfunction, any technical deficiencies or other difficulties in telephone networks/services, computing systems, servers or providers, computing/telephone facility, software, event of default by providers as to particular types of service, stealing, destruction or unauthorized access to the Customer’s materials that are published on the Web-site or in any other place etc.
5.10. In no event shall the Seller be responsible for any costs born by the Customer or direct/indirect damage, including profit lost or data lost, impairment of reputation, dignity or business worthiness which is to be incurred to the Customer when using the Web-site, Mobile Applications and/or related services.
6. Term of the Contract
6.1. The Contract shall come into effect after the terms thereof are accepted by the Customer and shall be in force until the Parties have completely performed their obligations.
7. The Circumstances of Insuperable Force
7.1. The Parties are hereby released from any liabilities for partial/absolute default of obligations hereunder when such non-fulfillment became due to circumstances of insuperable force (force-majeure circumstances) that occurred upon signing this Contract that is: fire, flood, hurricane and earthquake or restrictions imposed by state authorities on activities of either of the Parties provided that these circumstances were neither predicted nor prevented by the Parties applying reasonable measures.
8.1. In the event any provision/a part hereof are void or invalid the remaining provisions/part hereof shall be in full force and effect.
8.2. As for the rest the Parties have agreed to follow applicable laws of the Russian Federation.
9.1. Disputes and discrepancies to be occurred under this Contract shall be regulated through meeting the pre-trial procedure (claim procedure). Claim consideration term by the Seller is seven (7) calendar days since a claim is received from the Customer.
9.2. In the event the Parties cannot reach an arrangement the disputes and discrepancies shall be regulated through the court according to applicable laws of the Russian Federation.
10. Confidentiality Clause
10.1. The Customer’s acceptance of this Option Contract automatically means that the Customer agrees to disclose his private information (personal data) to the Seller, his affiliates and agents under the conditions hereof. Providing his personal data the Customer gives his consent for it to be processed by the Seller for a non-fixed period for the purposes of performing the Seller’s obligations to the Customer and also consents to receive emails informing the Customer of offers, discounts and other specials made by the Seller.
10.2 The Seller shall collect and keep only necessary personal data of the Customer for the purpose of fulfilling its obligations. The Seller may use personal data of users for the identification, feed back with the Customer, processing requests and queries, performing depersonalized statistical computations as well as improvement of services quality provided to the Customer. Upon processing personal data the Seller takes necessary and adequate measures to keep it confidential and protect it against unauthorized access.
10.3. Mobile application may accumulate anonymous information concerning the Customer’s location to ensure that the form of payment is chosen correctly. Mobile applications may also accumulate anonymous statistics relating to its usage by the Customer.
10.4. The Seller shall be entitled to transfer the Customer’s personal data to third parties only if the Customer has agreed to such actions. Such personal data transfer is vital for fulfilling obligations by the Seller to the Customer or the necessity for such transfer is provided for by the applicable law. It shall not be construed as violation when the Seller has provided information to his affiliates, agents and third parties who act on the basis of agreements with the Company to fulfill their obligations to the Customer and only within the framework of agreements containing the provisions regulating the personal data confidentiality preservation at least in the scope stipulated herein. It shall not be construed as the violation of obligations if the information has been provided according to reasonable and applicable legal requirements of the current laws of the Russian Federation and any other applicable legislation.