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OyaPhoto Website Terms and Conditions |
OyaPhoto Website Terms and Conditions
PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND OYAPHOTO (a trading name of OOO “Prisma”) (“OyaPhoto”). By using the OyaPhoto web site (“Site”) and/or downloading any content, you agree to be bound by and comply with this Site Usage Agreement (“Agreement”). If you do not wish to be bound by this Agreement, do not use this Site.
This Site is owned and operated by OyaPhoto. All images and related informational materials, including related text, captions, or information (collectively referred to as “Content”), is owned by OyaPhoto or our licensors and is protected by Russian and international copyright laws. Any OyaPhoto Content you download may be used in conjunction with our licensing agreement only. Any other use of any Content on this website is an infringement of copyright. Except as explicitly permitted under License Agreement no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of OyaPhoto.
Cookies
When you register on the OyaPhoto website, we automatically send you a text file called a "cookie" which is stored on your hard disk drive. The cookie does not have any other effect on the normal workings of your computer hard drive. OyaPhoto will not disclose any information in your cookie to any other party.
Disclaimers
This website and its content are provided "as is" and OyaPhoto does not provide any warranties of merchantability, satisfactory quality or fitness for a particular purpose. The functions embodied on, or in the materials of, this website are not warranted to be uninterrupted or without error. You, not OyaPhoto, assume the entire cost of all necessary servicing, repair or correction due to your use of this website. Neither OyaOhoto, nor its directors, employees, licensors, content providers, affiliates or other representatives will be responsible for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website and its content.
There may be links to other website from the OyaPhoto website. These other websites are not controlled by OyaPhoto and we are not responsible for any content on these websites, or any loss or damages suffered by you due to your use of these websites. We reserve the right to change the terms and conditions or use of this website without notice. In the event that one of the terms and conditions is not enforceable, wherever possible the rest of the terms and conditions of this agreement will remain in full force and effect.
Privacy
OyaPhoto’s Privacy Policy applies to use of this Site, and its terms and conditions are made part of this Agreement by reference.
Order Policy (Gallery Section only)
Your order is accepted if and when goods are shipped. A confirmation E-mail or online payment proceeding can't be construed as an order confirmation. OyaPhoto is free to cancel an order without any reason and to refund a payment made. All orders are fulfilled and shipped from Russia. Customers must inspect delivered goods immediately after receipt before signing confirmation of delivery from shipper. Should the delivered goods be obviously damaged and the damages discovered only after signing of receipt, customers have a period of 5 days to report the damage. If customers neglect to report damaged goods within this period, the right to return or exchange the purchased items is no longer valid. All orders to be governed by and construed in accordance with the laws of the Russia.
Return Policy (Gallery Section only)
OyaPhoto is committed to 100% customer satisfaction. If for any reason you are not fully satisfied with your purchase, you may return the item within 14 days of receipt for a free replacement or full refund of the price. Shipping charges can not be refunded. The return option is limited to 2 peaces of artwork quarterly per customer. If you return the works in damaged condition, you will be required to provide compensation of equivalent worth. Regarding mountings and frames any scratches, spots and breaks have to be considered a total loss. For the sake of protection, goods should only be returned in the original packaging they were sent in, using all the protective materials. In the case of incorrect delivery, OyaPhoto covers shipping and insurance, in all other cases the customer assumes these costs.
To return an item, use the original packing container and send it back to us. Let us know by email if you would like for us to send you a free replacement or a refund.
Miscellaneous
You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This Agreement (along with Privacy Policy and the License Agreements, if applicable) constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications.
Privacy Policy
At OyaPhoto, we understand and respect your concern about the privacy of any information you supply while at our web site. This statement sets forth OyaPhoto's Privacy Policy and describes the practice OyaPhoto follows with respect to all visitors to this web site, which is owned and operated by OyaPhoto.
Please note that by agreeing to OyaPhoto’s Privacy Policy and providing your personally identifiable information you consent to the use of your personal information by OyaPhoto and its parent, affiliates and subsidiaries for the uses identified in Section titled “Personal Information,” in accordance with this privacy policy.
Personal Information
OyaPhoto collects certain personal information from users of this Web Site. To create user accounts, authorized users must provide certain contact and account information such as name, email address, billing address, and phone number in order to access, license and download images. OyaPhoto may use this information for the following purposes:
• to process your order and any invoices;
• to send you updates about special offers, new services, special promotions, and
noteworthy news and events;
• to fulfill the terms of a promotion or contest;
• to comply with the law or in the good faith belief that such action is necessary
in order to conform with the requirements of the law or to comply with
legal process served on us;
• to third parties as part of any reorganization process, including, but not
limited to mergers, acquisitions, and sales of all or substantially all of our assets.
Except as specifically set forth in this Privacy Policy, OyaPhoto does not sell, share or rent information about its customers to third parties for their marketing or promotional purposes.
However, perfect security on the Internet does not exist, and Oyaphoto does not warrant that its Web site is impenetrable or invulnerable to hackers.
Automatically Collected Information
As is true of most web sites, when you access and use the Web site, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. We do link this automatically collected data to personally identifiable information. IP addresses are tied to personally identifiable information to segregate customer types for analytical purposes.
Use of Service Providers
We occasionally hire or partner with other companies to provide limited services on our behalf, such as managing and handling the processing and delivery of mailings (both email and postal mail), providing customer support, processing transactions, or performing statistical analysis of our services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.
E-mail
Except as set forth in this Privacy Policy, OyaPhoto does not rent, share or sell e-mail lists to third parties for their promotional purposes. OyaPhoto may send you e-mail to notify you about your recent order; this will be sent to the e-mail address you provide to OyaPhoto.
Legal Disclaimer
We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or to comply with a legal process served on our Web site.
Your Responsibility
You are responsible for the security of your Customer ID and passwords. Make sure you keep them in a safe place and do not share them with others. Always remember to log out after your session ends to ensure that others cannot access your private personal information. You should take this precaution even if you are not using a public computer, such as at a library or internet cafe, but even when using your private computer in your home.
