Consent for Processing Personal Data

CONSENT FOR PROCESSING PERSONAL DATA FOR VISITORS OF THE PLATFORM «CUTOUT.CLOUD»

Continuing work on the Platform (the online platform «Cutout.Cloud» located at https://cutout.cloud/) I hereby give my consent to the Individual Entrepreneur Nikita Sergeyevich Shkilev (hereinafter referred to as the Platform Owner) registered in the Uniform State Register of Individual Entrepreneurs under No. 316527500050624, TIN No. 526021642599 and / or its affiliates and employees for the automated processing of my personal data (cookies, information about user actions on the site, information about user equipment, date and time Session Time), including using metric programs Google Analytics with the following actions: collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, depersonalization, blocking, deletion, destruction, transfer (provision, access), including cross-border , partners of the Platform Owner who provides services for the specified metric programs.

Processing of personal data is carried out by the Platform Owner, its affiliates or employees for the following goals:

creation of a User account on the Platform, if he has consented to its doing;
providing an access for the User to the personalized resources of the Platform;
providing the User with effective customer and technical support in case of problems associated with the use of the Platform;
processing and monitoring the payments status for the provision of services by the Platform Owner as part of the activities of the Platform;
processing is necessary to fulfill the contractual obligations of the Platform Owner to the user as part of the Platform's activities;
communication with the User, including the sending of notifications, requests and information regarding the use of the Platform, the rendering services, as well as the processing of requests and requests from the user;
increasing of the Platform quality, usability, development of new functionality and services;
targeting of the promotional materials;
organizing and conducting events and surveys by the Platform Owner, informing Users and promoting new services, discounts and third parties at the discretion of the Platform Owner on behalf of the Platform or on behalf of the partners of the Platform, including through direct contacts with the User using communication tools;
establishing feedback with the User, including sending notifications, requests regarding the use of the Platform, the provision of services, processing requests and requests;
provision of additional services and services of the Platform aimed at raising awareness about the products and services of the Platform;
analysis of preferences and monitoring of consumer behavior of the User;
processing of personal data is carried out with the separate consent of the User in other cases at the discretion of the User and at the discretion of the Owner of the Platform;
conducting statistical and other studies based on anonymized data;
For other purposes, subject to applicable national and international regulatory legal acts, as well as the Policy in the field of personal data processing and confidentiality of personal information “cutout.cloud”, available by reference.

In case of refusal to process personal data by metric programs, I am informed about the need to stop using the Platform or disable cookies in the browser settings.

This consent applies to the following personal data: last name, first name, middle name, date of birth, address of residence, contact phone number, phone number, email address, information about the country, city, region of residence, bank card information (number, CVV, last name and first name in Latin, year and month the card expires, purchase account number).

This consent is valid from the moment of its provision and throughout the entire period of use of the Platform. You have the right to revoke this consent at any time by sending a written notice to the address: help@cutout.cloud, marked "withdrawal of consent to the processing of personal data." The removal of your personal data will be carried out by the Platform Owner, his affiliates or employees within 30 days from the receipt of this notice.

The Platform Owner guarantees the observance of the following rights of the subject of personal data: the right to receive information about what personal data of the subject of personal data is stored with the Platform Owner; the right to delete, clarify or correct personal data stored with the Platform Owner; other rights established by applicable norms of national and international law.

Please note that the withdrawal of your consent to the processing of personal data entails the removal of your Profile from the Platform, as well as the destruction of records containing your personal data in the personal data processing systems of the Platform Owner, which may make it impossible to use the Internet services of the Platform.

Updated July 18, 2019

Free

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Consent for Processing Personal Data

CONSENT FOR PROCESSING PERSONAL DATA FOR VISITORS OF THE PLATFORM «CUTOUT.CLOUD»

Processing of personal data is carried out by the Platform Owner, its affiliates or employees for the following goals:

creation of a User account on the Platform, if he has consented to its doing;
providing an access for the User to the personalized resources of the Platform;
providing the User with effective customer and technical support in case of problems associated with the use of the Platform;
processing and monitoring the payments status for the provision of services by the Platform Owner as part of the activities of the Platform;
processing is necessary to fulfill the contractual obligations of the Platform Owner to the user as part of the Platform's activities;
communication with the User, including the sending of notifications, requests and information regarding the use of the Platform, the rendering services, as well as the processing of requests and requests from the user;
increasing of the Platform quality, usability, development of new functionality and services;
targeting of the promotional materials;
organizing and conducting events and surveys by the Platform Owner, informing Users and promoting new services, discounts and third parties at the discretion of the Platform Owner on behalf of the Platform or on behalf of the partners of the Platform, including through direct contacts with the User using communication tools;
establishing feedback with the User, including sending notifications, requests regarding the use of the Platform, the provision of services, processing requests and requests;
provision of additional services and services of the Platform aimed at raising awareness about the products and services of the Platform;
analysis of preferences and monitoring of consumer behavior of the User;
processing of personal data is carried out with the separate consent of the User in other cases at the discretion of the User and at the discretion of the Owner of the Platform;
conducting statistical and other studies based on anonymized data;
For other purposes, subject to applicable national and international regulatory legal acts, as well as the Policy in the field of personal data processing and confidentiality of personal information “cutout.cloud”, available by reference.

In case of refusal to process personal data by metric programs, I am informed about the need to stop using the Platform or disable cookies in the browser settings.

Updated July 18, 2019

PERSONAL DATA PROCESSING POLICY AND PERSONAL INFORMATION PRIVACY POLICY «CUTOUT.CLOUD»

GENERAL PROVISIONS

This Personal data processing policy and personal information privacy policy ( the "Policy") applies to all information that the online platform «Cutout.Cloud» located at https://cutout.cloud/ (the "Platform"), owned by Individual Entrepreneur Nikita Sergeyevich Shkilev (the "Platform Owner") and / or his affiliates and employees can receive information about the User during his use of the Platform, as well as during the execution by Platform Owner, by its affiliates or employees of any agreements and contracts concluded with the User in connection with the use of the Platform.

Use of the Platform means the User’s unconditional consent to this Policy and the conditions for processing his personal information specified in it, namely to perform the actions stipulated by the Regulation of the European Parliament and of the Council (EU) 2016/679 of 04/04/2016 “On the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC"(" GDPR"), Federal Law of July 27, 2006 No. 152-FZ" On Personal Data ", both without and using automation tools , and confirms that, giving such consent, he acts freely, by his will and in his interest. In case of disagreement with these conditions, the user should refrain from using the Platform.

This Policy is applicable only for the conduct of activities by the Platform, as well as for the Individual Entrepreneur Nikita Sergeyevich Shkilev, his affiliates or employees. The Platform does not control and is not responsible for the sites of third-party entities to which the user can click on the links available on the Platform. On such sites, the user may collect or request other personal information, and other actions may be performed.

The owner of the platform, its affiliates or employees, as a general matter, does not verify the credibility of personal information provided by users and does not exercise control over their legal capacity. However, the Platform Owner, its affiliates or employees proceeds from the fact that the user provides reliable and sufficient personal information on the issues proposed in the registration form, that the personal data indicated by him during registration belongs to him personally and maintains this information up to date. The risk of providing false information is borne by the user who provided it.

The user's consent to the processing of personal data is valid indefinitely from the moment of using the Platform and does not require periodic confirmation. The Platform Owner, its affiliates or employees will store personal information for as long as necessary to achieve the purpose for which it was collected, or to comply with laws and regulations.

The privacy policy takes into account the terms of the User Data Processing Agreement «Cutout.Cloud» (access at: https://cutout.cloud/rules/politika-konfidencialnosti/) User Agreement «Cutout.Cloud» (access https: // cutout.cloud/information/user-agreement/).

Attention: In case of any discrepancies between the English and Russian language versions of this Policy, the Russian version is crucial. The Russian version is available at: https://cutout.cloud/rules/politika-konfidencialnosti

KEY TERMS AND DEFINITIONS

1.1. Address and contact details of the Platform Owner

- Full name: ST Nikita Sergeyevich Shkilev

- PSRNSP: 316527500050624

- ITN: 526021642599

- Residence address: 603000 Nizhny Novgorod, Bolshaya Pokrovskaya St., 58, apt. 24

- Address for correspondence: 603000, Nizhny Novgorod, Bolshaya Pokrovskaya St., 58, apt. 24

- Phone: +79200141317

- E-mail: nikita@cutout.cloud

Personal Data Protection Specialist: ST Nikita Sergeyevich Shkilev

2.2. Terms used in the Policy and their definitions:

2.2.1. «Personal data» – any information that is related directly or indirectly to a specific or identifiable individual (the subject of personal data).

Personal information that the user provides about himself / herself when registering (creating an account) or in the process of using the Platform, including personal data of the user. The information required for the provision of the Platform (provision of services) is marked in a special way. Other information is provided by the user at his discretion.
Data that is automatically transmitted to the Platform in the course of their use using the software installed on the user's device, including IP address, cookie information, information about the user's browser (or other program with which the Platform is accessed), time access, address of the requested page.

Third party software includes Google Analytics site statistics collection systems. The composition and conditions for the collection of anonymized data using third-party software are determined directly by their copyright holders and may include:

browser data (type, version, cookie);
device data and location;
operating system data (type, version, screen resolution);
request data (time, transition source, IP address).

2.2.2. «Personal data processing» – any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.

2.2.3. «Confidentiality of personal data» – a mandatory requirement for the Company or another person who has gained access to personal data to prevent their dissemination without the consent of the subject of personal data or other legal grounds.

2.2.4. «User of the online platform Cutout.Cloud / Platform (the "User")» – a person who has access to the Platform through the Internet and uses the Platform.

2.2.5. «Cookies» – a small piece of data sent by the web server and stored on the User's computer, which the web client or web browser sends to the web server each time in an HTTP request while attempting to open the page of the corresponding site.

2.2.6. «IP-адрес» – unique network address of a node in a computer network built on IP protocol.

2.2.7. «MAC-address» – a code written in hexadecimal that is assigned to each unit of network equipment.

2.2.8. «Publicly available information» – information that, at his/her discretion, the User provides in order to fill out a profile on the Platform. It includes the following personal data: last name, first name, middle name, phone number. The User gives informed consent to access his/her profile data to an unlimited circle of persons. Profile data becomes publicly available taking into account his/her settings from the moment it is posted on his/her own by the User or at his/her request.

2.3. The Copyright Holder is not responsible for the procedure for using the User’s Personal Information by third parties with whom the User independently interacts in the framework of using the Service.

2.4. At registration the user is required to indicate the name (login), e-mail address and password. If registration is performed using social network authorization services (Facebook, Vkontakte), these services provide the Copyright Holder with information about the User, which may include the following details: name, user identification number and / or username in this authentication service, e-mail address.

The Users who have concluded agreements providing for the payment of funds to the Platform Owner also provide information necessary for making payments, which may include: payment system account, account number, ITN, last name, first name, middle name.

PRIVACY POLICY SUBJECT.

3.1. This Policy establishes the obligations of the Platform Owner, its affiliates and employees to not disclose and ensure the regime for protecting the confidentiality of personal data that the User provides when registering on the Platform or when concluding an agreement on the provision of services between him/her and the Platform Owner.

3.2. The personal data processed by the Platform Owner in the framework of this Policy are provided by the User and include the following information:

3.2.1. Provided by the User by filling out the registration form of the Platform and include the following information:

Login and username;
telephone number of the User;
e-mail address (e-mail);
interests, hobbies, information about education, work information and other personal information of the User specified in the entry box «About Me» (access via the link: https://cutout.cloud/account/profile/) when filling out a profile on the Platform;
User photos and other images, media files uploaded by the User to the Platform;
links to the User’s page on other Internet resources (for example, Vkontakte, Facebook, etc.);
type of service selected by the User, within the framework of using the Platform.

3.2.2. Personal data contained in messages that the User sends or transfers through the Platform to the Platform Owner, its affiliates and employees, as well as other Users;

IP address;
subscriber number;
MAC address;
information from cookies;
User geolocation;
browser language;
external source of the transition to the site;
the user's device, including the model and manufacturer of the device;
operating system;
type and version of the browser;
user screen size;
information about the User’s visits and use of the Platform, including the source of referrals, duration of visits, page views and navigation paths on the Platform;
user’s internet service provider.

3.2.4. Personal data obtained during the registration of the User and the use of services provided by the Platform Owner, including:

financial information, including credit or debit card number (only the last four digits of the card number) or other payment information;
history of the acquisition of services offered by the Platform Owner;
history of appeals in the framework of using the Platform and interaction with the owner of the Platform;
interests and preferences when choosing the services of the Platform, etc.

3.2.5. With the separate consent of the User, other personal data at the discretion of the User and the discretion of the Platform Owner.

3.2.6. Other personal data that the User wished to leave on the Platform and its registration forms.

3.3. The platform uses cookie technology, with the help of which it is configured to work personally with the User. Disabling cookies may result in the inability to access parts of the Platform that require authorization. This function can be disabled through the browser settings regarding cookies. The user can find detailed information on the website of the browser manufacturer or manufacturers of extensions and plug-ins for browsers.

3.4. The platform protects Personal data that is automatically transmitted during the viewing of advertising units and when visiting pages on which the system’s statistical script is installed (“pixel”):

IP address;
information from cookies;
information about the browser (or other program that provides access to the adware);
access time;
address of the page on which the ad unit is located;
referrer (address of the previous page).

3.4.2. The platform collects statistics about the IP addresses of its visitors. This information is used to identify and solve technical problems, control the legality of financial payments.

3.5. Any other personal information not stipulated above is subject to reliable storage and non-dissemination, with the exception of cases provided for in paragraphs 5.2. and 5.3. of this Policy.

3.6. The platform has “social plugins” - the “Like” button on Facebook, VKontakte, YouTube, Instagram, Twitter, Pinterest

If you are a member of a social network and click on the corresponding social plug-in, the owner of this social network can associate information about visiting our site with your profile.

3.7. The User’s email address and login is used when registering his/her account on the Platform, to enter and manage this account, information, services and other objects associated with it as part of the use of the services provided by the Platform.

3.8. The User’s email address is used when registering his/her account on the Platform, to enter and manage this account, information, services and other objects associated with it as part of the use of the services provided by the Platform.

GOALS, PRINCIPLES OF COLLECTING AND PROCESSING PERSONAL INFORMATION OF USERS

4.1. The Platform Owner, its affiliates or employees collect, process and store only those personal data that are necessary to provide the Platform and provide services (fulfillment of agreements and contracts with the user), in strict accordance with applicable national and international legal regulations.

4.2. The main principles of the Platform in the field of personal data processing and confidentiality of personal information are:

the legitimacy of the purposes and methods of processing personal data and good faith;
compliance of the purposes of processing personal data with the goals previously determined and declared during the collection of personal data;
compliance of the volume and nature of the processed personal data, methods of processing personal data with the purposes of processing personal data;
inadmissibility of processing personal data that is excessive in relation to the goals stated during the collection of personal data;
Inadmissibility of combining databases of personal data information systems created for incompatible purposes.

4.3. The Platform Owner, its affiliates or employees may use the User’s personal data in the following cases:

creation of a User account on the Platform, if he/she has consented to its creation;
providing the User with access to the personalized resources of the Platform;
providing the User with effective customer and technical support in case of problems associated with the use of the Platform;
processing and monitoring the status of payments for the provision of services by the Platform Owner as part of the activities of the Platform;
processing is necessary to fulfill the contractual obligations of the Platform Owner to the user as part of the Platform's activities;
communication with the User, including the sending of notifications, requests and information regarding the use of the Platform, the provision of services, as well as the processing of requests and requests from the user;
improving the quality of the Platform, usability, development of new services;
targeting advertising materials;
organizing and conducting events and surveys by the Platform Owner, informing Users and promoting new services, discounts and third parties at the discretion of the Platform Owner on behalf of the Platform or on behalf of the partners of the Platform, including through direct contacts with the User using communication tools;
establishing feedback with the User, including sending notifications, requests regarding the use of the Platform, the provision of services, processing requests and requests;
provision of additional services and services of the Platform aimed at raising awareness about the products and services of the Platform;
analysis of preferences and monitoring of consumer behavior of the User;
with the separate consent of the User in other cases at the discretion of the User and at the discretion of the Platform Owner;
conducting statistical and other studies based on anonymized data;
for other purposes, subject to applicable national and international legal acts.

4.4. With regard to the user's personal information, his/her confidentiality is maintained, except in cases where the user voluntarily provides information about himself/herself for general access to an unlimited number of people. When using certain functions, services, the Platform services, the User agrees that a certain part of his/her personal information becomes publicly available.

The Platform Owner, its affiliates or employees are entitled to transfer user personal information to third parties in the following cases:

the user has expressed his/her consent to such actions;
the transfer is necessary as part of the use by the user of the Platform or to provide services to the user;
the transfer is provided for by national and international legal norms within the framework of the procedure established by law;
the transfer takes place as part of a sale or other transfer of business (in whole or in part), while the acquirer is transferred to all obligations to comply with the terms of this Policy in relation to the personal information received by him/her;
in order to ensure the protection of the rights and legitimate interests of the Platform Owner or third parties in cases where the user violates the User Agreement (available at: https://cutout.cloud/information/user-agreement).

4.5. The user can at any time change (update, supplement) the personal information provided by him/her or part of it, as well as the parameters of its confidentiality, using the edit personal data function in the account profile section. The user has the right to require the Platform Owner, its affiliates or employees to clarify, block or destruction (deletion) of the personal information provided by him/her or part thereof in case the personal data is incomplete, outdated, inaccurate or not e are not necessary for the stated purpose of the processing, and also take the measures prescribed by law to protect their rights.

METHODS AND TERMS OF PROCESSING PERSONAL INFORMATION

5.1. After reviewing this Policy, when visiting and using the sites, services, the Platform services, the User provides his/her personal data and agrees to the processing of his/her personal data for the purposes indicated above, freely, by his/her will and in his interest.

5.2. The Platform Owner guarantees that the processing of personal data is no longer than is required in accordance with the stated objectives. The owner of the Platform, its affiliates and employees take measures to ensure the updating and accuracy of the processed personal data, as well as their clarification / deletion in cases stipulated by law.

5.3. The User has the right not to provide his/her personal data by refusing to register on the specified Platform, including for the purpose of acquiring the services provided by the Platform Owner, or connecting to various information resources. The User has the right to withdraw his/her consent to the processing of personal data. In this case, the Platform Owner has the right to continue processing personal data only in cases when it is provided by legal regulation.

5.4. The User’s personal data can be transferred to authorized bodies of state power only on the grounds and in the manner established by the legislation of the relevant state and international regulatory standards. The Platform Owner, its affiliates and employees may transfer personal data to the extent that they are required to do so in accordance with national and international legal regulations, at the request of state and municipal authorities, in order to establish, exercise or protect the rights of the Platform Owner, Users and other persons (including providing information to third parties in order to prevent fraud).

5.5. The Platform Owner takes the necessary organizational and technical measures to protect the User’s personal information from unauthorized or accidental access, destruction, alteration, blocking, copying, distribution, as well as from other illegal actions of third parties.

5.6. The User has the right to receive information regarding the processing of his/her personal data, and also has the right to demand clarification, blocking or destruction of personal data in cases provided by law.

5.7. Information collected as part of the Platform's activities may be stored, processed and transmitted between any countries in which the Platform operates and can be used in accordance with the Policy. The information collected by the Platform may be transferred to the following states that do not have data protection laws equivalent to those in force in the European Economic Area: United States of America, Russia, Japan, China and India. Personal data published by the User on the Platform or submitted by him/her for publication on the Platform can be accessed via the Internet around the world.

5.8. With regard to the User’s Personal Information, its confidentiality is maintained, with the exception of publicly available data and other cases where the technology of the provided Platform or the settings of the software used by the User provide for an open exchange of information with other participants and users of the Internet.

5.9. In order to improve the quality of the Platform, the Copyright Holder has the right to store log files about actions performed by the User in the framework of using the Platform, as well as in connection with the conclusion and execution by the User of the Agreement and other Contracts / Transactions for his part, for 1 (One) year.

5.10. Users who have gained access to the personal data of other Users or third parties in connection with the conclusion and / or execution of Agreements between them are required to comply with the provisions of clause 5.8. and 5.9. of this Policy, as well as to process the received personal data in accordance with this Policy and applicable law.

PLATFORM IN THE POSITION OF THE ADMINISTRATOR AND IN THE POSITION OF THE PROCESSOR OF PERSONAL DATA

6.1. The Platform Owner shall take the necessary and sufficient organizational and technical measures to protect the user's personal information from unauthorized or accidental access, destruction, alteration, blocking, copying, distribution, as well as from other illegal actions of third parties with it.

6.2. The Platform Owner has the right to amend this Privacy Policy. When making changes in the current edition, the date of the last update is indicated. The new version of the Policy comes into force from the moment it is published on the website https://cutout.cloud/, unless otherwise provided by the new version of the Policy. The current edition is always located and available on the website page https://cutout.cloud/ at https://cutout.cloud/rules/politika-konfidencialnosti

6.3. This Policy and the relationship between the user and the Platform Owner arising in connection with the application of the Privacy Policy shall be subject to the application of national and international regulations.

6.4. When processing personal data of users, the Platform Owner, its affiliates and employees are guided by national and international regulatory standards.

6.5. All suggestions or questions regarding this Policy should be reported to tech support https://cutout.cloud/account/support/, or by e-mail: help@cutout.cloud

RIGHTS OF USERS

7.1. In case it is provided by applicable national and international acts, Users have the right to access the personal data of other Users posted on the Platform, is submitted in accordance with this Policy.

7.2. If the User believes that any information posted on the Platform is incorrect or incomplete, he/she can enter his/her profile and correct personal information on his/her own.

7.3. The user has the right to demand the removal of their personal data and the withdrawal of consent to the processing of personal data and restrictions on the processing of personal data, to object to the processing of their personal data, if this is provided for by applicable national and international regulatory legal acts. The owner will fulfill these requests in accordance with applicable national and international law.

7.4. The User also has all the rights stipulated by the Policy, other documents regulating the activities of the Platform (available here:), and the applicable norms of national and international law.

7.5. To exercise the above rights, the User must enter his profile on the Platform or use the special feedback form provided by the Platform. If the User is not satisfied with how his/her personal data provided to the Platform is processed, then he/she needs to contact the Platform support service or contact the Platform Owner using the contact details indicated on the Platform.

ADDITIONAL CONDITIONS.

8.1. The Platform Owner shall take the necessary and sufficient organizational and technical measures to protect the user's personal information from unauthorized or accidental access, destruction, alteration, blocking, copying, distribution, as well as from other illegal actions of third parties with it. However, the Platform Owner is not able to prevent the unlawful use by third parties of information that was publicly published by the User.

8.2. Using the Platform by the User means acknowledging that the transmission of information via the Internet is inherently unsafe, and the Platform Owner cannot guarantee the security of data transmitted via the Internet, and that the User is fully responsible for maintaining the confidentiality of the password for access to the Platform.

8.3. The Platform Owner has the right to amend this Privacy Policy. When making changes in the current edition, the date of the last update is indicated. The new version of the Policy comes into force from the moment it is published on the website https://cutout.cloud/, unless otherwise provided by the new version of the Policy. The current edition is always located and available on the website page https://cutout.cloud/rules/politika-konfidencialnosti/

8.4. This Policy and the relationship between the user and the Platform Owner arising in connection with the application of the Privacy Policy shall be subject to the application of national and international regulations.

8.5. When processing personal data of users, the Platform Owner, its affiliates and employees are guided by applicable national and international regulatory standards.

Updated July 18, 2019

User Agreement

USER AGREEMENT «CUTOUT.CLOUD».

This User Agreement (the «Agreement») is an offer of the Individual Entrepreneur Nikita Sergeyevich Shkilev (the «Platform Owner»), registered in the Unified State Register of Individual Entrepreneurs under No. 316527500050624, TIN No. 526021642599, on the one hand, to persons wishing to use the services of the online platform “Cutout.Cloud”, located at the web address https://cutout.cloud/ (the «Platform»), on the other hand, and together referred to as the Parties, enter into an agreement on the conditions set forth below.

This Agreement, in accordance with applicable national and international legal acts, is a public offer, the acceptance of the terms (acceptance) of which is the use of the Platform.

GENERAL PROVISIONS

This User Agreement applies to relations associated with the use of the «Cutout.Cloud» Platform, the ownership of which is Owned by Nikita Sergeyevich Shkilev (the «Platform Owner»). Use of the Platform means the unconditional consent of the user with this User Agreement and the terms of use of the platform specified in it.

1.1. The following terms and definitions apply in this document and the resulting or related relations of the Parties:

1.1.1. “Service” - a set of software and hardware of the Copyright Holder (computing power) and Content, to which the User is granted access using the Platform.

1.1.2. “Platform” is an automated information system, an online platform available on the Internet at (including subdomains): https://cutout.cloud.

1.1.3. “User of the Cutout.Cloud / Platform online platform (hereinafter the User) is a person who has access to the Platform through the Internet and uses the Platform.

1.1.4. “Content” - any informational materials, including text, graphic, audiovisual and other materials, including Images, which the User uploads to the Platform and which is accessed using it.

1.1.5. “Image” - an image of a person or object with a deleted background (without background) uploaded by the User onto the Platform, intended for use by himself or another User on the terms of this Agreement and other documents governing the Platform.

1.1.6. “Status” - a set of functionality of the Service, the selection of which is carried out by the User at his/her own discretion from the number offered on the Platform.

1.1.7. “Profile” - a personal section of the Platform, to which the User gains access after completing registration and / or authorization on the Platform. The profile is intended to use the functionality of the Service, as well as to store the User’s personal information and receive notifications in the notification order.

1.2. Other terms and definitions not specified in clause 1.1. of the Agreement may be used in this Agreement. In this case, the interpretation of such a term is made in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of the term or definition in the text of the Agreement, one should be guided by its interpretation defined: first, by the mandatory documents indicated in it, second, by applicable rules of national and international law, and subsequently, by the customs of business and scientific doctrine.

1.3. The use of the Service by the User is possible in any way and in any form within its declared functionality, including:

viewing Content using the Service;
downloading, posting or organizing access to Content on the Platform, including the placement of hypertext links to them;
registration and / or authorization on the Platform;
other use of the Service, not inconsistent with this Agreement, other documents regulating the activities of the Platform and applicable national and international regulatory acts.

1.4. General conditions for using the Service.

1.4.1. A prerequisite for the conclusion of this Agreement is the full and unconditional acceptance and compliance by the User in the cases specified below with the requirements and provisions defined by the following documents (the “Mandatory documents”):

A privacy policy posted and / or available on the Internet at https://cutout.cloud/rules/politika-konfidencialnosti/ which contains rules for the provision and use of confidential information, including the personal data of the User.
A public offer to conclude an agreement on the provision of additional services by the Cutout.Cloud online platform, which is available and / or available on the Internet at https://cutout.cloud/information/oferta-zakluchenie-dogovora/ and is binding on Of the Parties with a document in the case of execution by the User of an order for the provision by the Platform Owner of services based on the Service.
A user agreement posted and / or available on the Internet at https://cutout.cloud/information/user-agreement/, and containing the procedure and conditions for the acquisition by users of statuses, a description of the functionality (rights) of each status, including the rules for determining Categories of Images depending on technical parameters; requirements for Images, compliance with which is a prerequisite for posting Images on the site, as well as other rules governing the provision of the Service.

1.4.2. Using the functionality of the Platform and / or the Service provided on its basis in a limited part of viewing Content and demo versions of Images in publicly available sections of the Platform is possible without the User having to pre-register and / or authorize on the Platform. The rest of the application of the functionality of the Platform and / or the Service provided on its basis is allowed after the User has completed registration and / or authorization on the Platform in accordance with the rules established by the Platform Owner.

1.4.3. The list of the Service’s functionality, the use of which requires the User to perform certain actions (acquire a status), is determined at the sole discretion of the Platform Owner and may change from time to time.

1.4.4. For registration, the User undertakes to provide reliable and complete information about himself/herself on the issues proposed in the registration form, and to keep this information up to date. If the User provides incorrect information or the Platform Owner, its affiliates and employees have reason to believe that the information provided by the User is incomplete or false, the Platform Owner, its affiliates and employees have the right to block or delete the User Profile at its discretion, as well as refuse the User in using the Service in full or in a certain part.

1.4.5. The Platform Owner reserves the right at any time to demand from the User confirmation of the data specified during registration, and to request in this regard supporting documents (in particular, identification documents), the failure to submit which, at the discretion of the Platform Owner, can be equated to providing false information and entail the consequences provided for in clause 1.4.4. Agreement.

1.4.6. If the User’s data specified in the documents provided by him/her does not correspond to the data specified during registration, as well as when the data specified during registration does not allow the user to be identified, the Platform Owner has the right to apply the measures specified in clause 1.4.4 . Agreement.

1.4.7. Technical, organizational and commercial conditions for the use of the Service may be brought to the attention of Users by posting separately on the Platform or by notifying Users.

1.4.8. The Platform Owner has the right to set limits and introduce other technical restrictions on the use of the Service, which from time to time will be brought to the attention of Users in the form and manner at the choice of the Platform Owner.

1.5. Using any of the above possibilities for using the Service, the User confirms that:

got acquainted with the terms of this Agreement and the Mandatory documents specified therein in full before using the Service;
accepts all the conditions of this Agreement and the Mandatory documents specified in it in full without any exceptions and restrictions on its part and agrees to comply with them or stop using the Service. If the User does not agree with the terms of this Agreement and the Mandatory documents specified in it or do not have the right to conclude an agreement on their basis, he/she should immediately stop any use of the Service.
The Agreement (including any of its parts) and / or the Mandatory documents specified therein may be changed by the Platform Owner without any special notice. The new version of the Agreement and / or the Mandatory documents specified therein shall enter into force from the moment the Platform Owner posts it on the website or is brought to the attention of the User in another convenient form, unless otherwise provided by the new version of the Agreement and / or the documents specified therein.

Attention: In case of any discrepancies between the English and Russian language versions of the Agreement, the Russian version is crucial. The Russian version is available at https://cutout.cloud/information/user-agreement/:

SUBJECT OF THE AGREEMENT

2.1. The subject of this Agreement is to provide the Platform User with access to the Content located on it.

2.1.1. The platform provides the User with the following types of services (Services):

access to electronic Content on the Platform, with the right to purchase (download), view content, subject to compliance with the rules provided for in Mandatory documents.
access to search and navigation tools of the Platform;
play content, i.e. to make one or more copies of the Content in any material, electronic, digital form, including their recording in the memory of an electronic device, except when this contradicts the Mandatory documents, the rules of national and international law;
publicly display, distribute copies of the Content, its processing, provide access to it reproduced in any material, electronic, digital form for the purpose of editorial use and illustration of architectural visualizations, where the main focus is on the architectural project, with the exception of advertising materials.
providing the User with the ability to post messages, comments, user reviews, rate the Content of the Platform;
post, store and otherwise process your own Content (downloaded independently) through the Platform, including public publication, if this does not contradict the Mandatory documents, national and international regulatory legal acts.
other types of services (Services) implemented on the pages of the Platform, including paid services (Services).

2.1.2. This Agreement covers all currently existing services (Services) of the Platform, as well as any subsequent modifications thereof and additional services (Services) of the Platform that will appear in the future.

2.2. Access to the Platform is provided free of charge, as well as for a fee, in case of the provision of additional services by the Platform Owner.

2.3. This Agreement is a public offer. By accessing the Platform, the User is considered to have acceded to this Agreement.

2.4. The use of the materials and Services of the Platform is governed by national and international regulations.

RIGHTS AND OBLIGATIONS OF THE PARTIES.

3.1. The Platform Owner has the right:

3.1.1. Modify Mandatory documents, as well as change the content of this Platform. Changes come into force from the moment of publication of the new edition of the Mandatory documents on the Platform.

3.1.2. Restrict access to the Platform in case the User violates the terms of this Agreement and other Mandatory documents.

3.1.3. Change the amount of fees charged for providing access to the use of the services of the Platform.

3.1.4. Collect, analyze, use, share (including on a paid basis) information about the User contained on the Platform, including, but not limited to, information on the contact and personal data of the User, information on the actions of the User on the Platform and otherwise with the consent of the User.

3.2. The User has the right to:

3.2.1. Get access to using the Platform.

3.2.2. Use all the services available on the Platform for free, if they are not expected to pay remuneration. If the Services of the Platform are fee-based, then access to them is provided after payment and receipt of the appropriate funds in the account of the Platform Owner.

3.2.3. Ask any questions related to the Platform services using the feedback form and contacts of the Platform Owner indicated on the Platform.

3.2.4. Use the Platform solely for the purposes and in the manner provided by the Agreement, other Mandatory documents and not prohibited by national and international regulatory legal acts.

3.3. Platform User agrees:

3.3.1. Provide upon request of the Platform Owner, its affiliates, employees additional information that is directly related to the services provided by this Platform.

3.3.2. Comply with national and international legal standards regarding intellectual property when using the Platform.

3.3.3. When placing, storing and publishing photos, Images and other media files, the User is obliged to be persuaded that these actions do not violate the rights of other persons provided for by national and international regulatory legal acts. The Platform Owner is an information intermediary and is not responsible for violations caused by the above actions.

3.3.4. Do not take actions that may be considered as violating the normal operation of the Platform.

3.3.5. Do not use the Platform to disseminate any information about third parties that is confidential and protected by applicable national and international law.

3.3.6. Avoid any actions that may result in the confidentiality of information protected by national and international legal acts.

3.3.6. Not to use the Platform to disseminate information of an advertising nature, only with the consent of the Platform Owner.

3.3.7. Do not use the Platform Services to:

download Content that contradicts the rules of applicable national and international law violates any rights of third parties; promotes violence, cruelty, hatred and (or) discrimination on racial, national, sexual, religious, social and other grounds; contains inaccurate information and (or) insults to specific individuals, organizations, authorities;
invite to commit unlawful acts, as well as assistance to persons whose actions are aimed at violating restrictions and prohibitions provided for by national and international regulatory legal acts;
violate of the rights of minors and (or) harm to them in any form;
restrict the minority rights;
represent oneself for another person or representative of an organization and (or) community without sufficient rights to do so, including for employees of this Platform;
mislead regarding the properties and characteristics of any Content posted on the Platform.

3.4. The user is prohibited from:

3.4.1. Use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or track the contents of the Platform;

3.4.2. Disrupt the proper functioning of the Platform;

3.4.3. By any means bypass the navigation structure of the Platform in order to receive or attempt to obtain any information, documents or materials by any means that are not specifically provided by the Services of this Platform;

3.4.4. Unauthorized access to the functions of the Platform, any other systems or networks related to this Platform, as well as to any services offered on the Platform;

3.4.5. Violate the security system or authentication on the Platform or on any network related to the Platform.

3.4.6. Perform a reverse search, track or try to track any information about any other Platform User.

3.4.7. Use the Platform and its Content for any purposes prohibited by national and international regulatory legal acts, as well as incite any illegal activity or other activity that violates the rights of the Internet resource or other persons.

LEGAL STATUS OF THE USER.

By accepting the terms of this Agreement, the User confirms and guarantees that:

4.1. The User has all the necessary rights and authority to conclude an Agreement on the use of the Platform and its execution;

4.2. Use of the Platform will be carried out by the User solely for the purposes permitted by this Agreement in compliance with its provisions, as well as the requirements of applicable national and international legal acts and generally accepted practice;

4.3. The User agrees not to take any actions that conflict or interfere with the normal operation of the Platform or the operation of the corresponding equipment, networks, or software with which the Service is provided;

4.4. When using the Service, the User undertakes not to violate the property and / or personal non-property rights of third parties, as well as the prohibitions and restrictions established by applicable norms of national and international law, including compliance with restrictions in the field of copyright and related rights, trademark rights, service marks and names places of origin of goods, rights to industrial designs, rights to use images of people and other intellectual property rights.

4.5. Before posting, storing, distributing or otherwise using your own Content through the Platform, including its public publication, the User undertakes to make sure that this Content does not violate the rights of third parties, including intellectual property rights. If the Content is an intellectual property of third parties, the User must obtain the necessary permission to use it. If the Content does not meet the above requirements, the User is obliged to refrain from using it within the Platform.

4.6. The Content and other data provided by the User shall not contain information and / or images that offend the honor, dignity and business reputation of third parties, as well as information promoting violence, pornography, drugs, racial or national hostility.

TRANSFER OF RIGHTS BY THE USER TO THE CONTENT ADDED TO THE PLATFORM.

5.1. By accepting the terms of this Agreement, the User grants to the Platform Owner and its other users a simple (non-exclusive) license to use the Content in accordance with the goals announced on the Platform.

5.2. The specified simple (non-exclusive) license to use the Content is granted to the Platform Owner and other Users at the same time as the Content on the Platform is added for the entire duration of the exclusive rights to the copyright and (or) related rights that make up such Content for use in all countries of the world.

5.3. Within the framework of the simple (non-exclusive) license provided to the Platform Owner and other Users, the use of Content is allowed in the following ways:

play content, i.e. make one or more copies of the Content in any material form, as well as write them to the memory of an electronic device (the right to reproduce);
distribute copies of the Content, i.e. to provide access to the Content reproduced in any material form, including through network and other means, as well as through the sale, rental, leasing, provision of free of charge, including import for any of these purposes (distribution right);
display Content publicly (the right to public display);
communicate the Content in such a way that any person can have access to it online from any place and at any time of their choice (the right to bring it to the public);
modify the Content, i.e. remodel or otherwise process the Content, including the translation of Content from one language into another (right to process);
the right to transfer all or part of the rights received to third parties (the right to sublicense).

5.4. If there are no copyright or related rights objects in the Content, under this Agreement, the User provides the Content - information and other information materials - for use in any way, including the ability to record, organize, accumulate, store, clarify (update, change), extract, use , depersonalization, blocking, deletion, destruction of such data, transfer (distribution, provision to any third parties for the implementation of any actions) at the sole discretion of the Platform Owner.

RESTRICTIONS.

Admitting to the terms of this Agreement, you understand and acknowledge that:

6.1. The provisions of national and international regulatory acts on the protection of consumer rights are not subject to the relations of the Parties to provide the Service free of charge.

6.2. The Service is provided for use on an "as is" basis, in connection with which the User does not receive any guarantees that the Service will meet its requirements; services will be provided continuously, quickly, reliably and without errors; the results that can be obtained using the Service will be accurate and reliable; the quality of any product, service, information and Content obtained using the Service will meet the expectations of the User; all errors in the Content and / or software of the Service will be corrected. If errors are found in the operation of the Service, the User must inform the Platform Owner, his affiliates and employees about them at the address indicated in the details or separately on the Platform for support services.

6.3. The form and nature of the services provided may change from time to time without prior notice to the Users, because the Service is at the stage of constant updating and updating of new functionalities. The Platform Owner has the right at his own discretion to stop (temporarily or permanently) the provision of services (or any individual functions within the services) to all Users in general or to a specific User, in particular, without their prior notice.

6.4. The user does not have the right, independently or with the involvement of third parties:

copy (reproduce) in any form and method included in the composition of the Copyright Holder’s Service computer programs and databases, including any of their elements and Content, without the prior written consent of their owner;
open the technology, emulate, reverse engineer, disassemble, decrypt, and perform other similar actions with the Service;
create software products and / or Services using the Service without obtaining the prior permission of the Platform Owner.

6.5. The Platform Owner does not have association with the Content provided by Users on the Platform, and does not verify the content, authenticity and security of such Content or its components, as well as their compliance with the requirements of applicable national and international law, and the availability of the necessary volume of rights for Users to distribute them and / or use.

6.6. All responsibility for the scope of such Content, and its compliance with the requirements of the applicable law, lies with the person who created the Content and / or added it to the Platform. The rights to use the Images are granted solely on the basis of a License Agreement that meets the requirements of applicable national and international law, relations under which arise directly between the Licensee and the Licensor. The Platform Owner is not a party to the License Agreement, and in all cases acts exclusively as an intermediary in the conclusion and execution of the License Agreement. The Copyright Holder is not liable for the License Agreement concluded between the Licensee and the Licensor.

6.7. Users are prohibited from using the Platform and / or the Service provided on its basis for:

posting and / or distribution of counterfeit materials that violate the intellectual rights of third parties;
posting and / or distribution of pornographic materials, as well as propaganda of pornography and child erotic, and advertising of intimate services;
dissemination of any other prohibited information, including materials of an extremist nature, as well as aimed at infringing on human rights and freedoms on the grounds of racial and national origin, religion, language, and gender, inciting to commit violent acts against a person, or to inhuman treatment animals calling for the commission of other illegal actions, including explaining the procedure for the manufacture and use of weapons, narcotic drugs and their precursors, etc.;
the dissemination of false information discrediting the dignity or business reputation of third parties;
preferential or exclusive placement of links to other sites;
committing other unlawful actions, including obtaining unauthorized access to confidential information, disseminating it, unauthorized access to computer information, using and distributing malicious computer programs, violating the rules for operating storage facilities, processing or transmitting computer information and information and telecommunication networks, and organizing gambling , lotteries and other incentive measures in violation of applicable law.

6.7. If errors are detected in the operation of the Service or in the Content posted on it, the User must inform the Platform Owner about this at the address indicated in the details or separately on the Platform for the support service.

6.8. The User, in case of violation of his rights and / or interests in connection with the provision of the Service, including the placement of inappropriate Content by another User, should inform the Platform Owner about this. For this, it is necessary to send a written notice to the Platform Owner detailing the circumstances of the violation and a hypertext link to the network address of the Content, in connection with the use of which his rights and / or interests are violated.

6.9. The User is solely responsible for any violation of the obligations established by this Agreement and / or applicable rules of national and international law, as well as for all the consequences of such violations (including any loss or damage that the Platform Owner and other third parties may incur.

6.10. In the case of any claims by third parties regarding a violation by the User of any property and / or personal non-property rights of third parties, as well as prohibitions or restrictions established by law, the User is required, upon request of the Platform Owner, his affiliates and employees, to be officially identified by providing them with a notary a certified obligation to settle the claims on their own and at their own expense, indicating their passport data.

6.11. In connection with the liability established for the placement and provision of access to illegal Content established by applicable national and international law, the Platform Owner reserves the right to remove any Content from the Service or unilaterally restrict access to it until the user receives the above written obligation.

6.12. In the case of repeated or gross violation of the terms of this Agreement, including the Mandatory documents specified therein and / or the requirements of the applicable norms of national and international law, the Platform Owner reserves the right to block access to the Service or otherwise restrict (terminate) the provision of services to the User using Service. The Platform Owner is not liable to the User or third parties for terminating access to the Platform in case the User violates any provision of this Agreement or another document containing the conditions for using the Platform.

6.13. In the case that the Platform Owner, his affiliates and employees are held liable or punished for in connection with violations of the rights and / or interests of third parties committed by the User, as well as prohibitions or restrictions established by applicable national and international norms, the User is required to fully indemnify the Platform Owner.

6.14. The Platform Owner is excluded from any liability in connection with the violations committed by the Users, as well as causing harm or loss to the User under the above circumstances.

6.15. Under any circumstances, the liability of the Platform Owner is limited to 1,000 (One thousand) rubles and is assigned to him solely if there is any fault in his actions.

USE OF THE PLATFORM

7.1. The Platform and Services, which is part of the Platform, is owned and governed by the Platform Owner.

7.2. The contents of the Platform may not be copied, published, reproduced, transmitted or distributed in any way, as well as posted on the global Internet for purposes not covered by the Agreement and other Mandatory documents of the Platform.

7.3. The content of the Platform is protected by applicable laws of national and international law in the field of copyright and related rights, trademark rights, as well as other rights related to intellectual property and unfair competition law.

7.4. When using some Platform Services, it may be necessary to create a User Profile.

7.5. The User is personally responsible for maintaining the confidentiality of the Profile information, including the password, as well as for all activities without exception that are carried out on behalf of the User in the Profile.

7.6. The User must immediately notify the Platform Owner, its affiliates or employees of unauthorized use of his/her Profile or password or any other violation of the security system through the feedback forms available on the Platform.

7.7. The Platform Owner, its affiliates and employees have the right to unilaterally cancel the User Profile if it has not been used for more than 12 (twelve) calendar months in a row without notifying the User.

7.8. This Agreement extends to all additional terms and conditions for the provision of services provided on the Platform.

7.9. The information posted on the Platform should not be construed as a change to this Agreement.

7.10. The Platform Owner has the right at any time without notice to the User to make changes to the list of services offered on the Platform and (or) the prices applicable to such services for their implementation and (or) the services provided by the Internet resource.

7.11. Any of the documents listed in clause 1.4.1. of this Agreement may be subject to updating. Changes take effect from the moment they are published on the Platform.

RESPONSIBILITY

8.1. Any losses that the User may suffer 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 compensated by the Platform Owner.

8.2. The Platform Owner is not responsible for:

8.2.1. Delays or malfunctions in the process of performing an operation resulting from force majeure, as well as any case of malfunctions in telecommunication, computer, electrical and other related systems.

8.2.2. Actions of transfer systems, banks, payment systems and for delays associated with their work.

8.2.3. The proper functioning of the Platform, in case the User does not have the necessary technical means for its use, and also does not bear any obligations to provide the Users with such means.

8.2.4. Content of information posted on the Platform.

8.3. The User is solely responsible for the interpretation and use of the Content (information) posted on the Platform.

AGREEMENT ON THE USE OF ELECTRONIC SIGNATURE.

9.1. In the relationship between the Platform Owner and the User, electronic documents certified by a simple electronic signature can be used.

9.2. A simple electronic signature is an electronic signature that confirms the fact of the formation of an electronic signature directly by the User through the use of the User’s login or password or when using the Service, the user's phone number or email address (electronic signature key).

9.3. By agreement of the Parties, electronic documents signed with a simple electronic signature are recognized as equivalent to paper documents signed with a handwritten signature.

9.4. The Platform Owner determines the User who corresponds to a simple electronic signature by the username and password used when registering / or authorizing on the Platform, in case of any actions to use the Service, or by the subscriber’s phone number or email address, in in case of receipt by the Platform Owner of messages from such a number or address.

9.5. Any actions committed using a simple electronic signature of a specific User are considered to be committed by that User.

9.6. The User agrees to maintain the confidentiality of the electronic signature key. In particular, the User does not have the right to transfer his/her username and password or provide access to his/her email to third parties, and is fully responsible for their safety and individual use, independently choosing the method of storage and restricting access to them.

9.7. In case of unauthorized access to the login and password, their loss or disclosure to third parties, the User is obliged to immediately notify the Platform Owner by sending an email from the email address specified when using the Service.

9.8. In case of loss or unauthorized access to the email address indicated when using the Service, the User must immediately replace such an address with a new one and report this fact to the Platform Owner by sending an email from a new email address.

9.9. In case of loss or unauthorized access to a mobile device and / or SIM card, the User is obliged to immediately notify the Platform Owner by sending an email from the email address specified when using the Service to block access to the Personal Account. When returning a mobile device or restoring a SIM card number, the User must inform the Platform Owner about this in the manner described above in order to resume access to the Personal Account.

VIOLATION OF THE USER AGREEMENT.

10.1. The Platform Owner has the right to disclose any information collected about the User of this Platform, if the disclosure is necessary in connection with an investigation or complaint regarding the unlawful use of the Platform or to establish (identify) the User who may violate or interfere with the rights of the Platform Owner, his affiliates, employees or to the rights of other Platform Users.

10.2. The Platform Owner has the right to disclose any information about the User that he considers necessary to comply with the provisions of the applicable national and international regulatory and legal acts, to ensure compliance with the terms of this Agreement, to protect the rights or safety of Users and other third parties.

10.3. The Platform Owner has the right to disclose information about the User if national and international regulatory acts require or permit such disclosure.

DISPUTE SETTLEMENT.

11.1. In the event of any disagreement or disputes between the Parties to this Agreement, a prerequisite before contacting the authorized public authorities is to submit a claim (a written proposal for the voluntary settlement of the dispute).

11.2. The respondent of the claim, within thirty (30) calendar days from the date of its receipt, shall notify the claimant in writing of the results of the consideration of the claim.

11.3. If it is not possible to resolve the dispute on a voluntary basis, any of the Parties has the right to apply to the relevant state authorities for the protection of their rights in accordance with applicable national and international legal norms.

11.4. The limitation period for applying to the judicial authorities regarding the conditions of use of the Platform must be presented starts to go from the moment the grounds for the claim arise. In case of violation of the terms of this paragraph, any claim or grounds for action shall be settled by limitation.

ADDITIONAL CONDITIONS.

12.1. The Platform Owner does not accept counter offers from the User regarding changes to this User Agreement.

12.2. The registered User independently determines the conditions and procedure for using the functionality of the Platform, which, however, under no circumstances may contradict this Agreement.

12.3. This Agreement may be amended or terminated by the Platform Owner unilaterally without prior notice to the User and without payment of any compensation in connection with this.

Updated July 18, 2019

Public Offer

PUBLIC OFFER ON THE CONCLUSION OF THE AGREEMENT FOR THE PROVISION OF ADDITIONAL SERVICES BY ONLINE SQUARE «CUTOUT.CLOUD»

This Public Offer (the «Offer») is an offer of an Individual Entrepreneur Nikita Sergeyevich Shkilev (the «Platform Owner»), registered in the Unified State Register of Individual Entrepreneurs under No. 316527500050624, TIN No. 526021642599, on the one hand, to persons wishing to use the services of the online platform “Cutout.Cloud” (the «Platform Client»), located at the web address https://cutout.cloud/ (the «Platform»), on the other hand, and together referred to as the Parties, enter into an agreement on the conditions set forth below.

TERMS AND DEFINITIONS.

1.1. The following terms and definitions apply in this document and in the resulting or connected relations of the Parties:

1.1.1. «Public Offer / Offer» - the text of this document with all applications, amendments and additions to it, posted on the Platform and available on the Internet at: https://cutout.cloud/information/oferta-zakluchenie-dogovora

1.1.2. «The agreement on the provision of services to provide the right to use the Cutout.Cloud online platform» – an agreement, together with all Mandatory documents relating to it, concluded between the Platform Owner and the User on the terms of this Offer.

1.1.3. «Services» - services under a Contract concluded in accordance with this Offer.

1.1.4. «Online Site User» - a User who intends to use, is using or was using the functionality of the Site and / or the Service provided on its basis to search for Images and acquire the right to use them.

1.1.5. «The agreement on the provision of services for the provision of the right to use the Cutout.Cloud online platform» – an agreement for the Provider of the platform to provide on a platform the possibility of placing Images on the Platform, using the Images contained on the Platform, and the right to access other additional paid services, Services and free placement by the User of Images and transfer of a full package of rights to them, including intellectual rights, in accordance with all Mandatory documents relating to him, concluded between The Platform Owner and the user of the platform in the manner prescribed by the Rules for concluding agreements on the provision of services to provide the right to use the Cutout.Cloud online platform.

1.1.6. «Image» - an image of a person or object with a removed background (without background) uploaded by the Platform user onto the Platform, intended for use by the Platform Users (without the “hide” mark) under the terms of the License Agreement.

1.1.7. «Indication» - an indication of the User of the online platform to the Online Platform Owner to provide the Services, executed using software on the Platform in accordance with the terms of this Offer and Mandatory documents.

1.1.8. «Offer Acceptance» - full and unconditional acceptance of the Offer by the User of the online platform performing the actions specified in Section 8 of the Offer, creating an Agreement between the User of the online platform and the Platform Owner.

1.1.9. «Platform» – an automated information system available on the Internet at the network address: https://cutout.cloud/.

1.1.10. «Image» - any informational materials, including text, graphic, audiovisual and other materials, including Images that Users upload to the Service and which are accessed using the Service.

1.1.11. «Service» - a set of software and hardware of the Owner of the online platform (computing power), Image and Images to which the Platform Owner provides access using the Platform as part of the information service.

1.1.12. «Profile» - a personal section of the Platform, to which the User of the online platform receives access after registering on the Platform. The User profile of the online platform is intended for entering and editing information about the Contractor, receiving and viewing the tasks of the user of the online platform, processing Orders to the Online Platform Owner.

1.2. In this Offer, terms and definitions not defined in clause 1.1 of the Offer may be used. In this case, the interpretation of such a term is made in accordance with the text of this Offer. In the absence of an unambiguous interpretation of the term or definition in the text of the Offer, one should be guided by its interpretation defined: firstly, by the documents that make up the Agreement between the Parties, secondly, by the applicable norms of national and international law, and subsequently by the customs of business and scientific doctrine .

Any reference in this Offer to a clause (section of the Offer) and / or their conditions means a corresponding link to this Offer (its section) and / or their conditions.

SUBJECT OF THE AGREEMENT.

The subject of the agreement is the provision by the Platform Owner of access to additional services, Platform Services for a fee to the User access, including:

providing the Platform Owner with the technical possibility of placing, displaying and providing Users with an online Image site using the Platform, including by creating relevant information objects and maintaining a separate section of the Platform;
other actions provided for by this Offer (including Mandatory documents) and / or specified in the Directive.

GENERAL CONDITIONS OF THE AGREEMENT.

3.1. A prerequisite for concluding an Agreement is the unconditional acceptance and compliance by the User of the online platform applicable to the relations of the Parties under the Agreement with the requirements and provisions defined by the following documents (“Mandatory documents”):

A privacy policy posted and / or available on the Internet at https://cutout.cloud/rules/politika-konfidencialnosti which contains rules for the provision and use of confidential information, including personal data of the User of the online platform.
A public offer to conclude an agreement on the provision of additional services by the «Cutout.Cloud» online platform, which is available and / or available on the Internet at https://cutout.cloud/information/oferta-zakluchenie-dogovora and is binding on the Parties a document in the case of execution by the User of an order for the provision by the Platform Owner of services based on the Service.
A User agreement posted and / or available on the Internet at https://cutout.cloud/information/user-agreement/, and containing the procedure and conditions for users to acquire access to additional services, Platform Services, description of functional capabilities (rights) each status, including rules for determining the category of Images depending on technical parameters; requirements for Images, compliance with which is a prerequisite for posting Images on the site, as well as other rules governing the provision of the Service.
Platform Rules available at https://cutout.cloud/rules/the-rules-of-the-site/:

3.2. The documents specified in clause 3.1 of the Offer, binding on the Parties, constitute an integral part of the Agreement concluded in accordance with this Offer.

3.3. This Offer contains the comprehensive instructions of the User of the online platform to the Platform Owner. The Platform Owner has the right, but is not obliged to accept, for execution, the User’s tasks of the online platform and recommendations for their implementation, transmitted to the Platform Owner in addition to the Instruction issued in the manner established by this Offer.

RIGHTS AND OBLIGATIONS OF THE PARTIES.

4.1. The Platform Owner has the right to:

require the User of the online platform to provide the necessary information and documents, as well as other assistance to the Platform Owner in fulfilling his duties;
suspend temporarily the provision of Services under the Agreement for technical, technological or other reasons that impede their provision for the time being to eliminate such reasons;
not to start providing the Services or to suspend their provision in cases of violation of the deadlines for the provision in the proper form of information and materials necessary for the provision of the Services, the inaccuracy of such information and materials, delay in payment for the Services and other cases of complete or partial non-fulfillment by the User of the online platform of his obligations and guarantees under the Agreement, as well as the presence of circumstances that clearly indicate that such performance will not be made within the prescribed period;
change unilaterally the terms of this Offer and the Mandatory documents specified therein without notifying the User of the online platform in the manner prescribed by this Offer:
exercise other rights provided for by the current legislation of the Russian Federation, as well as this Offer, including Mandatory documents.

4.2. The Platform Owner shall:

fulfill the User’s Instruction in full accordance with the Agreement, including Mandatory documents, and the requirements of the applicable norms of national and international law;
provide the technical ability to post and / or distribute Images using the Platform;
perform other actions by agreement of the parties.

4.3. The User has the right to:

require proper fulfillment by the Platform Owner of his obligations under the Agreement;
edit or delete Images posted by him/her on the Platform at any time through the Profile;
refuse unilaterally to execute the Agreement in cases provided for by the current legislation of the Russian Federation and / or this Offer;
exercise other rights stipulated by the Agreement, including Mandatory documents, as well as the current legislation of the Russian Federation.

4.4. The User covenants to:

verify the information provided to the Platform Owner, including the posted Images and other information objects created on the Platform, before making the Acceptance;
provide documents (duly certified copies) confirming compliance with the applicable requirements of applicable national and international regulatory rights, including documents certifying the right to possess exclusive rights to intellectual property at the request of the Platform Owner, within 3 (Three) business days;
check for notifications of the Platform Owner at the email address specified by the User when filling out the Profile;
comply with the requirements of the Agreement, including Mandatory documents, as well as the norms of applicable national and international legal acts;
fulfill other obligations stipulated by the Agreement, including Mandatory documents, as well as the current legislation of the Russian Federation.

RIGHTS OF THE PLATFORM OWNER IN RESPECT OF IMAGES.

5.1. In order to promote the Images, attract users and develop the Service, the User grants the right to the Platform Owner and its other users at their own discretion to determine in relation to any Images: the procedure and methods of demonstration, use of Images, including the modification and use of Images for demonstration purposes (creation demos of Images, examples of the use of Images, etc.).

5.2. The rights specified in this section are granted to the Platform Owner in pursuance of the Agreement concluded under the terms of this Offer, should be carried out by the Platform Owner reasonably and in good faith, to the mutual benefit of the Parties, and shall not entail the User's right to remuneration from the Platform Owner.

WARRANTIES AND RESPONSIBILITY OF THE PARTIES.

6.1. The Platform Owner guarantees the elimination of any failures and errors in the operation of the Service, if they occur during the execution of the User’s order, as soon as possible.

6.2. With the exception of the guarantee specified in clause 6.1 of this Offer, the Platform Owner does not provide any other express or implied warranties, including, does not guarantee the uninterrupted and error-free operation of the Platform and the Service based on it, and the good faith of other users.

6.3. The User guarantees that:

posted information about User and Image is true;
the User is the owner of exclusive rights to the Images and / or has all the necessary intellectual property rights to the Images (exclusive rights or licensed) necessary to provide the Licensees with the right to use the Images under the terms of the License Agreements or an authorized representative of such a copyright holder;
granting by another user of the Platform and to the Platform Owner the right to use the Images on the terms of contracts does not violate the rights of third parties and does not violate obligations on other transactions concluded;
the User has received all necessary licenses and other permissions of authorized state bodies for carrying out his activities, or that the User’s activities, in accordance with the requirements of applicable national and international legal acts, do not require a special permit / license / certificate, and also have completed all other actions required applicable national and international legal acts for the implementation of activities by the User.

6.4. The materials provided by the User for the purpose of fulfilling the Agreement by the Platform Owner must fully comply with applicable national and international law, including the use of Images that does not violate the requirements of applicable national and international regulatory acts on advertising and competition, and does not infringe on property and / or personal non-property rights of third parties, including restrictions on the right to use images of people living or dead, User and related rights, trademarks rights, service marks and appellations of origin, the rights to industrial designs, and other exclusive rights to intellectual property; in particular, that:

the User has obtained the consent of individuals to the publication and further use of their image, or there is reliable evidence that an individual posed for a fee;
the Platform Owner is exempted from liability for failure to perform or improper performance of this Agreement, if such violation is a result of the User reporting inaccurate data, violation of warranties or other non-performance or improper performance by the User of their obligations under the Agreement;
the Platform Owner is not liable for any losses incurred by the User, regardless of whether the Platform Owner could have foreseen the possibility of such losses, including if the Platform Owner was notified of the possibility of losses.

6.5. In any case, the liability of the Platform Owner is limited to the amount of remuneration received by the Platform Owner for the execution of the Order (its part), which is associated with the occurrence of liability of the Platform Owner. In this case, the Platform Owner is an information intermediary and is not responsible for violations of the rights of third parties in connection with the placement by the User of materials on the Platform that violate the requirements of applicable national and international legal acts, including requirements regarding the protection of intellectual property.

6.6. When the User provides the Images, they are provided with a free (non-exclusive) license to the Platform Owner and other Platform Users to use them in accordance with the goals announced on the Platform. The specified simple (non-exclusive) license to use the Images is granted to the Platform Owner and other Users of the Platform simultaneously with the addition of Images to the Platform for the entire duration of the exclusive rights to the objects of copyright and (or) related rights to this Image for use in all countries of the world.

6.7. Within the framework of the simple (non-exclusive) license provided to the Platform Owner and other Platform Users, the use of Images is allowed in the following ways:

play back the Image, i.e. make one or more copies of the Image in any material form, as well as write them to the memory of an electronic device (the right to reproduce);
distribute copies of the Image, i.e. provide access to images reproduced in any material form, including by network and other means, as well as by sale, rental, lease, provision free of charge, including import for any of these purposes (distribution right);
publicly display the Image (the right to public display);
communicate the Image in such a way that any person can have access to it interactively from anywhere and at any time of their choice (the right to be made public);
modify the Image, i.e. remodel or otherwise process the Image (right to process);
the right to transfer all or part of the rights received to third parties (the right to sublicense).

6.8. The User is solely responsible for any violation of the obligations established by this Agreement and / or applicable rules of national and international law, as well as for all the consequences of such violations (including any loss or damage that the Platform Owner and other third parties may incur).

6.9. In the event of any claims by third parties regarding a violation by the User of any property and / or personal non-property rights of third parties, as well as prohibitions or restrictions established by law, the User is required, upon request of the Platform Owner, his affiliates and employees, to be officially identified by providing them with a notary a certified obligation to settle the claims on their own and at their own expense, indicating their passport data.

CIRCUMSTANCES OF INSUPERABLE FORCE (FORCE MAJEURE).

7.1. The parties are exempted from liability for partial or complete failure to fulfill obligations under the Agreement caused by force majeure circumstances arising after its conclusion. To such circumstances, in particular, the Parties include: natural disasters; natural and industrial disasters; Act of terrorism; hostilities; civil unrest; adoption by state authorities or local governments of acts containing prohibitions or restrictions regarding the activities of the Parties under the Agreement; other circumstances that cannot be foreseen or prevented in advance and make it impossible to fulfill the obligations of the Parties under the Agreement.

7.2. Upon the occurrence of force majeure circumstances that impede the fulfillment of obligations under the Agreement, the time period for the Parties to fulfill their obligations shall be postponed in proportion to the time the circumstances were in force, as well as the time required to eliminate their consequences, but not more than 30 (thirty) calendar days. If force majeure circumstances continue to operate beyond the specified period, or when, upon their occurrence, it becomes apparent to both Parties that they will act beyond this period, the Agreement shall terminate.

ACCEPTANCE OF OFFERS AND CONCLUSION OF THE AGREEMENT.

8.1. The acceptance of this Offer by the User creates an Agreement between the User and the Platform Owner on the terms of this Offer, in accordance with the rules of applicable national and international law.

8.2. The acceptance of the Offer shall mean the completion by the User of the following actions:

filling out a profile and uploading to the Platform one or more Images as an example of their own work;
payment for access to additional paid services and Services (payment is considered to be completed after three days from the moment the funds are received by the User of the Platform from the User in payment of the Agreement).

8.3. The Agreement is considered concluded from the moment the Platform Owner receives the Offer Acceptance.

VALIDITY AND CHANGE OF OFFER.

9.1. The Offer comes into force from the moment of posting on the Platform and is valid until its revocation by the Platform Owner.

9.2. The Platform Owner reserves the right to amend the conditions of the Offer and / or withdraw the Offer at any time at its discretion. Information about the change or revocation of the Offer is communicated to the User at the choice of the Platform Owner by posting on the Platform, in the User’s Profile, or by sending a notification to the email or postal address specified by the User when filling out the Profile or during the execution of the Agreement.

9.3. In case of withdrawal of the Offer or amendments to the Offer, the latter shall come into force from the moment the information is brought to the attention of the User, unless a different deadline for their entry into force is determined by the Offer or additionally with such a message.

9.4. The documents specified in the Offer, binding on the Parties, are approved, supplemented and changed by the Platform Owner at their own discretion and are brought to the attention of the User in the manner provided for notifying the User about a change in the Offer.

VALIDITY, AMENDMENT AND TERMINATION OF THE AGREEMENT.

10.1. The Agreement shall enter into force upon acceptance of the Offer by the User and is valid for an indefinite period.

10.2. In case of withdrawal of the Offer by the User during the term of the Agreement, the Agreement shall be deemed valid on the terms of the Offer in the latest edition with all Mandatory documents.

10.3. The Agreement may be amended:

by agreement of the Parties;
on the initiative of the Platform Owner, when this is expressly provided for by this Offer, by sending the User notification of upcoming changes at least 15 (Fifteen) days before the date of their entry into force. In case of disagreement with the proposed changes, the User has the right to refuse to execute the Agreement by sending the Owner a notice to the Platform in the manner prescribed by clause 12.4.3 of this Offer.

10.4. The cAgreement may be terminated:

by agreement of the Parties;
on the initiative of the Platform Owner by unilateral refusal to execute it in whole or in part in case of violation by the User of his obligations or guarantees established by this Offer. A notice of unilateral refusal to execute the Agreement is sent to the User in writing no later than 3 (Three) days before the expected date of termination of the Agreement. In this case, the User is obliged to reimburse the Platform Owner caused by such termination of the Agreement documented losses;
at the initiative of either of the Parties by unilateral refusal to execute it in whole or in part, subject to the written notification to the other Party at least 7 (Seven) days before the expected date of termination of the Agreement. Moreover, the User is obliged to fully pay for the Services provided by the time of termination of the Agreement;
on other grounds provided for by applicable national and international law and this Agreement.

10.5. The financial arrangements of the Parties must be made no later than 5 (Five) banking days from the date of termination of the Agreement. In the event of a unilateral refusal to execute the Agreement, the latter shall be deemed terminated in full or in the relevant part upon the expiration of the established deadlines for the corresponding notification.

10.6. The obligations of the Parties to the Agreement, which by their nature must continue to be valid (including obligations with respect to the guarantees provided, confidentiality, settlement of arrangements, but not limited to the indicated ones), remain valid after the expiration of the Agreement until full execution.

CONDITIONS OF PRIVACY.

11.1. The Parties agree to keep private and confidential the conditions of each concluded Agreement, as well as all information received by one Party from the other Party during the conclusion and execution of such Agreement (the "Confidential Information"), and shall not disclose, divulge or otherwise not to provide such information to any third party without the prior written permission of the Party transmitting this information.

11.2. Each Party will take all necessary measures to protect the Confidential Information with at least the same degree of care with which it protects its own Confidential Information. Access to Confidential Information will be provided only to those employees of each of the Parties for whom it is reasonably necessary for the performance of official duties for the performance of the Agreement. Each of the Parties will oblige such employees to take the same obligations to ensure the safety of Confidential Information as provided for by this Offer with respect to the Parties.

11.3. Processing of the User’s personal data (if any) is carried out in accordance with the Privacy Policy of the Platform Owner, available at https://cutout.cloud/rules/politika-konfidencialnosti/:

11.4. The Platform Owner has the right to request additional information, such as photocopies of identity documents, registration certificates and constituent documents, or credit cards, if necessary, verify the information about the Contractor or in order to prevent fraud. If such additional information is provided to the Platform Owner, then its use and protection is carried out in accordance with the conditions of clause 11.3 of the Offer.

11.5. The obligation to keep Confidential Information confidential is valid for the duration of the concluded Agreement and for 5 (Five) years after its termination, unless otherwise agreed by the Parties.

AGREEMENT OF OWN SIGNATURE ANALOG.

12.1. The Parties shall have the right to use facsimile reproduction of a signature or a simple electronic signature when concluding an Agreement, executing Orders, and sending notifications under the Agreement.

12.2 The exchange of documents between the Parties by fax, SMS or email is allowed. At the same time, documents transmitted in this order have full legal force subject to the delivery of the message including them to the recipient.

12.3. When Parties use email, the electronic document sent with its help is considered to be signed by a simple electronic signature of the sender, created using his email address.

12.4. If you use email to send an electronic document, the recipient of the electronic document determines the person who signed the document at the email address used by him/her.

12.5. When using fax or SMS to send an electronic document, the recipient of the electronic document determines the person who has signed such a document using the subscriber's telephone number used by him/her.

12.6. The procedure for applying a simple electronic signature by the Parties is also regulated by the User Agreement concluded by the User during registration.

12.7. By agreement of the Parties, electronic documents signed with a simple electronic signature are recognized as equivalent to paper documents signed with a handwritten signature.

12.8. Any actions committed using a simple electronic signature of a Party are deemed to have been committed by that Party.

12.9. The parties undertake to maintain the confidentiality of the electronic signature key. In particular, the User does not have the right to transfer his/her username and password or provide access to his email to third parties, and is fully responsible for their safety and individual use, independently choosing the method of storage and restricting access to them.

12.10. In case of unauthorized access to the login and password, their loss or disclosure to third parties, the User is obliged to immediately notify the Platform Owner by sending an email from the email address indicated on the Platform.

12.11. In the event of loss or unauthorized access to the email address which is indicated by the User on the Platform, the User is obliged to immediately replace such an address with a new one and report the fact to the Platform Owner by sending an email from the new email address.

12.12. If the SIM card is lost, the User must immediately replace it with a new one and report the fact to the Platform Owner by sending an email from the email address specified when using the Service.

FINAL PROVISIONS.

13.1. The Agreement, its conclusion and execution is regulated by the current legislation of the Russian Federation. All issues not regulated by the Offer or not fully settled are regulated in accordance with the substantive law of the Russian Federation.

13.2. Disputes under this Offer and / or Agreement shall be resolved in a preliminary complaint procedure. If the Parties fail to reach agreement, the disputes shall be considered in court at the location of the Platform Owner.

13.3. By concluding the Agreement on the terms of this Offer, the User gives written consent to the processing of his/her personal data in accordance with the Privacy Policy of the Platform Owner.

13.4. Any notifications and documents under the Agreement, unless otherwise provided by the Offer, may be sent by one Party to the other Party: 1) by email a) to the email address of the User specified in the execution of the Order from the email address of the Platform Owner specified in section 14 Proposals in the event that the recipient is the User, and b) to the email address of the Platform Owner specified in Section 16 of the Offer, from the email address of the User specified by him/her during the execution of the Directive or in his Profile silt; 2) by postl with delivery confirmation or courier service with delivery confirmation.

13.5. In the event that one or more of the provisions of this Offer or the Agreement is invalid for any reason, without legal force, such invalidity does not affect the validity of any other provisions of the Offer or the Agreement, which remain in force.

13.6. Without conflict with the terms of this Offer, the Parties are entitled at any time to draw up a concluded contract in the form of a written document expressing the contents of the Offer valid at the time of its drawing up, the Mandatory documents specified in it and the executed Order.

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