Offer

Offer agreement

08 June, 2020 VolkGam

THE OFFER AGREEMENT for the acquisition of the right to use Virtual Products TERMS OF THE AGREEMENT A Virtual Product is an electronic program, game, model, application, product or other object in the form of a computer file (with or without any extension) based on code, text, animation or computer graphics. SP, hereinafter referred to as the «Seller», hereby, by way of a public offer, offers to conclude an agreement on the following terms for the purchase of Virtual Products with any person (hereinafter referred to as the «Acquirer») — an Internet user and a Site visitor <a href="https://volkgam.ru">https://volkgam.ru</a> who have expressed their intention to accept the terms of this Agreement. The Seller and the Acquirer are collectively referred to as the «Parties».This Agreement applies to any Virtual Products (paid and free) presented on the Website and available for purchase by the Buyer. 1. SUBJECT OF THE AGREEMENT1.1. The Seller, for a fee, grants the Acquirer the right to use Virtual Products in the form of downloads to the Acquirer's electronic device (computer, laptop, phone, etc.).1.2. This Agreement may be accepted by paying a payment for the right to use the selected Virtual Product on the basis of an order placed on the seller's website. The payment confirms the Acquirer's familiarization with this Agreement, agreement with its terms and the fact of acceptance.The Agreement accepted by the Acquirer does not require subsequent registration in printed form, has legal force and is considered concluded by the Parties in simple written form.1.3. This Agreement applies to any Virtual Products, the possibility of acquiring rights to use which is presented on the Website at the time of acceptance.1.4. The Agreement is valid until the Parties fully fulfill their obligations. 2. THE PROCEDURE FOR GRANTING THE RIGHT2.1. After the Buyer fills out the order form (by filling in the fields and clicking the «Buy» button) and paying for the order, a link to download the Virtual Product in the <a href="https://volkgam.ru/Customer/Inventory">«Inventory»</a> section opens in the Buyer's personal account.2.2. The Virtual Product may be saved by the Acquirer as a file(s) to the Acquirer's electronic device. The downloaded files can be in various formats (including without format) and the files must be saved (downloaded) by the Buyer within 30 (Thirty) calendar days from the date of payment.2.3. Opening (launching) A virtual Product downloaded to the electronic device of the Acquirer is possible through programs (systems) that support the format of the downloaded product file(s). At the same time, the Seller, guaranteeing the operability of the original file (files), but is not responsible for the inability to open the file (files) on the electronic device of the Acquirer due to technical (or other) malfunctions of such a device of the Acquirer or the software installed on it (including due to the absence of the necessary software on the electronic device of the Acquirer).2.4. The right to use the Virtual Product is granted for the entire duration of the exclusive right to the Virtual Product.2.5. If the Acquirer does not perform the actions with the Virtual Product specified in clause 2.2. of this Agreement, i.e. does not download the Virtual Product within the specified period, the Acquirer is considered to have unilaterally renounced this Agreement, and the paid value of the Virtual Product is not subject to refund to the Acquirer.2.6. The Acquirer undertakes to use the Virtual Product only in accordance with this Agreement, i.e. strictly for personal use, placement of Virtual Product files on his personal electronic device, etc.The Acquirer is prohibited from actions with the Virtual Product that go beyond the scope of this Agreement, namely:— copying,— transfer in whole or in part to third parties, including gratuitous and/or paid transfer,— public placement, reproduction in whole or in part in material and/or immaterial form (i.e. production of additional copies for the purpose of further transfer (distribution) to third parties),— making available to the public and/or distributing (including using the Internet and/or other digital networks by posting on websites, mobile applications and other resources, including joint acquisition resources),— editing, modification and/or any other processing,— any other use, except for the method specified in this paragraph, as well as any other actions that violate the legislation of the Russian Federation in the field of intellectual property rights.3. PAYMENT3.1. The Buyer is obliged to pay the Seller the cost of the Virtual Product specified in the description in the form available for ordering on the Website.3.2. The value of the Virtual Product is not subject to VAT due to the fact that the Seller applies a simplified taxation system based on Clause 2 of Article 346.11 of Chapter 26.2 of the Tax Code of the Russian Federation and is not a VAT payer.3.3. After receiving payment from the Buyer, the Seller activates the download link in the <a href="https://volkgam.ru/Customer/Inventory">«Inventory»</a> section of the Buyer. The link is considered to have been received by the Buyer on the day of its activation by the Seller.3.4. In any case, the money paid for the Virtual Product is not subject to refund to the Buyer, except in cases when the Virtual Product cannot be used by the Buyer for reasons for which the Seller is responsible (for example, it has any significant software defects that were revealed during operation and not taken into account by the Seller).4. OTHER REQUIREMENTS4.1. For non-fulfillment or improper fulfillment of obligations under the Agreement, the Parties are responsible in accordance with the current legislation of the Russian Federation.4.2. If the Acquirer violates the rules for using the Virtual Product set out in clause 2.6. of this Agreement, or the Acquirer otherwise violates the exclusive right to the Virtual Product, without special written permission from the Seller, the Acquirer will be held liable in accordance with paragraph 3 of Article 1252 and Article 1301 of the Civil Code of the Russian Federation in the form of payment of compensation to the Seller in the amount of up to 5 (Five) million rubles. In addition to paying compensation, the Seller will resort to other methods of protecting exclusive rights provided for in Articles 1250, 1252, 1252 of the Civil Code of the Russian Federation, including the Seller terminates the right of the Acquirer to use the Virtual Product, in particular by suspending the Acquirer's access to the Virtual Product, the exclusive rights to which are violated by the Acquirer, as well as to other Virtual Products, the right to use which arose from the Acquirer earlier and (or) by prohibiting the acquisition in the future of the right to use any other Virtual Products, the copyright holder in respect of which is the Seller. At the same time, in case of termination of the right to use the Virtual Product (including previously acquired ones) on the grounds specified in this paragraph, the value of the funds paid by the Acquirer for the right to use the Virtual Product is not subject to refund, no sanctions, including losses or other compensations, are paid in favor of the Acquirer.4.3. In all other matters not provided for by this Agreement, the parties will be guided by the current legislation of the Russian Federation and this Agreement.

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