OPTION CONTRACT (OFFER)
Saint Petersburg, February 26, 2019.
1. GENERAL PROVISIONS
1.1. According to art. 437 of the RF Civil Code this document, addressed to all who wishes to donate money for the purpose of creation and execution of “The Blockade. The Voices” project, hereinafter referred to as the “Sponsor”, is an official, public, and irrevocable offer of Limited Liability Company TAFI Media lab. (PSRN 1157847444589 dd. 23.12.2015, ITN 7813239849), location address: 197022, Saint Petersburg, 6 Chapygina Str., let.P, office 423), hereinafter referred to as the “Project Initiator”, to conclude a contract on the following terms and conditions.
1.2. “The Blockade. The Voices” project is a video archive containing reminiscences of people who lived in Leningrad during the Siege. The goal of this project is to gather and keep the testimonies of Leningraders who are willing to share their reminiscences about their live in besieged Leningrad. The Project Initiator performs, without limitations, the following activities: making audiovisual and audio works and their distribution by different means; making photos and photo collages and their distribution by different means; acquisition of rights for archive materials; writing and publication of comments and articles; promotion and announcement of the Project and parts thereof.
1.3. The Project’s website — http://блокада.рф/.
1.5.Find the Project on social media:
1.6. The Sponsor is an individual person and/or a legal entity, who accepted terms and conditions of this Offer by the way of its Acceptance, and provided funds for creation and execution of the Project as set forth in this Offer and the Sponsorship Contract concluded in accordance with the Offer.
1.7. The Offer comes into force on the date next to the date of its posting on the Project’s website.
1.8. The Offer is not limited in time and remains in force up to the date next to the date of posting of the Offer withdrawal note on the Project’s website. The Project Initiator has the right to withdraw the Offer in any time without giving any reason.
1.9. The Project Initiator reserves the right, at its sole discretion, to amend and (or) modify this Agreement in any time without prior and (or) further notice to the Sponsors.
1.10. Current version of the Offer is available on the Project’s website.
1.11. Any individual person or legal entity has the right to conclude the Sponsorship Contract with the Project Initiator by the way of the Offer acceptance.
1.12. The Sponsor accepts the Offer by performing particular actions, i.e. by pressing “PAYMENT WITH PayPal” button or «PAYMENT WITH CREDIT CARD» button. “PAYMENT WITH CREDIT CARD” button available solely for Sponsors in Russian version of the site.
1.13. Acceptance of the Offer means the Sponsor’s agreement with all provisions of this offer and is equal to conclusion of the sponsorship contract.
1.14. The Sponsorship Contract is deemed to be concluded with the Sponsor from the moment of the Offer Acceptance, and the Sponsor receives all the rights and obligations provided by the Sponsorship Contract.
1.15. The Date of the Offer Acceptance and thus the Date of the Sponsorship Contract Conclusion is the date of funds transferring by the Sponsor as specified on the Project’s website.
1.16. Receiving of funds from the Sponsors is carried out through the agency of:
- Limited Liability Company Non-Banking Credit Institution "PayPal RU", TIN 7750005796, PSRN 1137711000041
Butyrskiy Val St., 10, Moscow, Russian Federation, 125047
- Rocketr - service of integration of online cash registers with PayPal
Sole Proprietor Kamyshov Stanislav Dmitrievich, TIN 500603146067, PSRN 318505300045618
Sovetskaya d.2, Krasnoznamensk, Moscow Region, Russian Federation, 143091
- Limited Liability Company «A 3», TIN 7702726396, PSRN 1107746155164
Bolshoy Sukharevsky Lane, 19-2, Moskow, Russian Federation, 127051
- Promsvyazbank Public Joint-Stock Company, TIN 7744000912, PSRN 1027739019142,
Smirnovskaya St., 10-22, Moskow, Russian Federation, 109052,
- JSC Orange Data, TIN 7725327863, PSRN 1167746782521,
Leninskaya sloboda, 19c4, Moscow, Russian Federation, 115280
- Yarus Ltd., TIN 7728699517, PSRN 1097746254176
Nahimovskiy Avenue 52/57, fl. 1, Room “B”, office 23, Moscow, Russian Federation, 117292
1.17. Depositing of funds by the Sponsor through a payment system is deemed as providing funds directly to the Project Initiator.
1.18. By Acceptance of this Offer the Sponsor gives to the Project Initiator its concern to collection and use of any and all information on the Sponsor received due to Acceptance of this Offer.
1.19. The Project Initiator requests and collects personal data of the Sponsors, including name and surname, address, telephone number and e-mail address.
1.20. The Data may be received by the Project Initiator while the Sponsor deposits funds, visits websites, or calls to support.
1.21. The Project Initiator collects and uses neither information on credit cards nor other payment details.
1.22. The Project Initiator monitors traffic statistics of the Project’s website and the Project on social media, and uses such information for optimization of the Project’s website and the Project on social media.
1.23. The Project Initiator collects and keeps only those personal data which are necessary for performance of sponsorship contracts with sponsors.
1.24. Contact details of the Sponsor may be used for sending newsletters, announcements of different promotional events of the Project Initiator and surveys.
1.25. The Project Initiator and its affiliates do not pass information, received from the Sponsor, to any third parties for any purposes without the Sponsor’s concern. An exception is a situation when the Project Initiator considers it necessary for compliance with requirements of legislation or a court decision, for protection of rights or property of the Project Initiator, for personal security of users of website and mobile services or representatives of the general public, for investigation or taking measures against unlawful or alleged unlawful activities, or for other purposes according to your concern.
2. SUBJECT OF THE CONTRACT.
2.1. The Sponsor provides funds for development and distribution of the Project, and the Project Initiator undertakes to spread the information, intended to drawing attention of the public at large to the Sponsor, providing that the Sponsor is mentioned in it as a Sponsor, by means and methods described in this Offer.
2.2. The Sponsor, at its sole discretion, decides on funds amount for transferring to the Project Initiator, and the Project Initiator agrees to receive funds from the Sponsor in amount determined by the Sponsor at its sole discretion.
Notice: the minimum amount of funds for transferring to the Project Initiator cannot be less than 100 (one hundred) Roubles of Russian federation or 5 (five) Euro.
VAT exempted due to the use of the simplified taxation system by Project Initiator.
2.3. Procedure of spread of the information on the Sponsor depends on amount of the Sponsor’s funds transferred to the Project Initiator. Detailed procedure of spread of the information on the Sponsor is set forth in cl. 2.5.3 of this Contract.
2.4. The Sponsor is obliged to:
2.4.1.Neither oblige the Project Initiator to make any alterations to the Project nor otherwise affect the Project Initiator.
2.4.2 Not oblige the Project Initiator to spread any information, except for specified in cl. 2.5.2. of this Contract.
2.5. The Project Initiator has the right and is obliged to:
2.5.1. Spend funds provided by the Sponsor for development, support, modification of the Project, and its production, technical, and constructive support, as well as for other purposes related to development of the Project, including as specified in cl.1.2. of this Offer.
2.5.2. Express gratitude to the Sponsor upon receiving funds from the Sponsor, namely, to post information on the Sponsor as set forth in cl.2.5.3. of this Contract.
2.5.3. Depending on the amount of funds, provided by the Sponsor, the Project Initiator posts information on the Sponsor in sequence from maximum to minimum amount of funds. If two or more Sponsors provided equal amount of funds, the Project Initiator posts information on such Sponsors in alphabetical order. The Project Initiator posts information mentioned in this clause in “THE PROJECT’S SPONSORS” section at the Project’s website, located at the following address in the Internet: http://en.blockade-voices.ru/sponsors/, http://blockade-voices.org/sponsors/
2.6. The period for posting information on the Sponsor is not later than 14 (fourteen) calendar days from the moment of receiving funds from the Sponsor and up to the end of the Project. From the date of posting information on the Sponsor according to this Offer, the funds provide by the Sponsor are not refundable.
2.7. For the purpose of performance by the Project Initiator of its obligations of posting the information, intended to drawing attention of the public at large to the Sponsor, the Sponsor provides the Initiator with information, which allows to identify it as the Project Sponsor.
2.8. The Project Initiator has the right to engage third parties for performance of its obligations under the Sponsorship Contract.
2.9. The funds transferred by the Sponsor for creation, development, and distribution of the Project are not refundable, because the Project Initiator carries out intangible and non-refundable services.
2.10. No one, except for the Project Initiator, acquires any rights for intellectual deliverables, created within the Project, as the result of funds transferring.
2.11. All intellectual deliverables used and posted in the Project, as well as the Project itself, the Project’s website, and the Project on social media are the intellectual property of the Project Initiator and are protected by the intellectual property legislation of the Russian Federation and applicable international conventions.
2.12. Any use of the intellectual deliverables of the Project, as well as the Project itself, the Project’s website, and the Project on social media (including the Project’s visual design elements, symbols, texts, graphic images, illustrations, photos, videos, programs, music, and other objects) without concern of the Project Initiator is illegal and may cause court proceedings against the offender and its civil, administrative, or criminal liability in accordance with legislation of the Russian Federation.
2.13. Access to the intellectual deliverables posted in the Project, the Project itself, the Project’s website, and the Project on social media is provided by the Project Initiator only for personal noncommercial use for the purposes of reviewing them without the right to reproduce (including to copy/download) the abovementioned intellectual deliverables to memory of electronic devices, and without the right to use the abovementioned intellectual deliverables in the manner not specified in this Offer, including to sell, modify, distribute them in whole or in part, etc.
2.14. Any use of the Project, intellectual deliverables posted in it, the Project’s website, and the Project on social media, otherwise than provided by this Offer, without prior written concern of the Project Initiator is strictly forbidden.
2.15. No one has the right to reproduce, repeat, copy, sell, resell, and use the Project and (or) any parts of the Project’s contents, the Project’s website, and the Project on social media for any commercial purposes without concern of the Project Initiator.
3.1. The Parties bear responsibility in accordance with the applicable legislation of the Russian Federation and provisions of this Offer.
3.2. Limitation of liability of the Project Initiator.
3.2.1. Access to the Project, the Project’s website, and the Project on social media is provided in "AS-IS" condition, just as it is, and the Project Initiator makes no representations or warranties on its use or operation.
3.2.2. The Project Initiator may delete or displace (without notice) any intellectual deliverables (including contents), at its sole discretion, with or without any reason, including without limitations displacement or deletion of the intellectual deliverables.
3.2.3. The Project Initiator is not liable for any errors, omissions, interrupts, deletions, defects, data processing or transmission delays, lineouts, thefts, destruction or unauthorized access of the third parties to the intellectual deliverables posted in the Project, the Project’s website, and the Project on social media.
3.2.4. The Project Initiator is not liable for any malfunctions or other failures of any telephone networks and services, computer systems, servers or providers, computer and telephone equipment, software, failure of e-mail services or scripts due to technical problems.
3.2.5. The Project Initiator is not liable for conformance of the Project, the Project’s website, and the Project on social media or parts(services) thereof to expectations of any parties, for faultless and trouble-free operation of the Project, the Project’s website, and the Project on social media, as well as for losses, caused by any reasons related to technical problems of hardware or software.
3.2.6. The Project Initiator is not liable for any damage to electronic devices of any persons, mobile devices, any other equipment or software, caused by or connected to use of the Project, the Project’s website, and the Project on social media.
3.2.7. The Project’s website, and the Project on social media may contain links to other Internet resources and advertisements, the Project Initiator neither controls nor bears liability for availability of such resources, advertisements, and contents thereof, as well as for any consequence resulting from use of such resources and advertisements.
4. FINAL PROVISIONS
4.1. The Sponsorship Contract is governed by and interpreted in accordance with the laws of the Russian Federation. Any issues not provided in the Sponsorship Contract, are subject to settlement in accordance with the Russian legislation.
4.2. If any of the provisions of the Offer and/or the Sponsorship Contract becomes invalid or void for any possible reasons, other provisions of the Offer and the Sponsorship Contract remain in force.
4.3. The Parties agree that all disputes arising from the Parties’ relationship, governed by this Offer and Sponsorship Contract, shall be settled by the competent court at the location of the Project Initiator, with mandatory observance of prejudicial complaint procedure.