TERMS AND SERVICES Last Updated: June 22, 2022
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CREATION OF PHOTO AND VIDEO CONTENT, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Occasionally we may, at our discretion, make changes to the Agreements. When we make material changes to the Agreements, we'll provide you with prominent notice (for example by sending you an email.) Your continued use of the Service after the changes have been made will constitute your acceptance of the changes.
1. This document is an official TERMS AND CONDITIONS of CREATION OF PHOTO AND VIDEO CONTENT, LLC, hereinafter referred to as the "Contractor", and contains all the essential conditions for the provision of information and consulting services, the full list of which is contained on the Internet at: www.boyechik.com
2. The date of conclusion of the Agreement (the date of acceptance of this TERMS AND CONDITIONS) is the date of payment by the Customer for the services of the Contractor.
3. The Contractor has the right to amend this TERMS AND CONDITIONS at any time. In case of changes, the Contractor publishes information about it on the official website www.boyechik.com
on the Internet. If the Customer does not agree with the changes to the TERMS AND CONDITIONS, he has the right to refuse to perform the Contract in the new edition, and the Contractor is obliged to return to the Customer the unused advance. If the Customer continues to use the services of the Contractor after making changes, he is considered to have accepted the TERMS AND CONDITIONS in a new edition.
4. By accepting the Offer, the Customer confirms that:
4.1. The customer is a capable person who has reached the age of 18.
4.2. The Customer authorizes CREATION OF PHOTO AND VIDEO CONTENT, LLC to collect, store, process and use my personal data to the extent contained in this TERMS AND CONDITIONS in order to keep in touch with the Customer, send correspondence to the specified postal address, make appeals to the specified phone numbers, send SMS messages to the specified mobile phone, send emails to the specified e-mail address to inform about the organization of a new type of services, notify about promotions, events, discounts, their results. The customer confirms that the personal data is provided by him voluntarily, these data are true and correct. Consent is granted indefinitely, with the possibility of unilateral withdrawal by sending a written notice to the e-mail: firstname.lastname@example.org
4.3. The Customer or a person using the Services (User) is not entitled to use services that are not included in the cost of the paid Service and not paid additionally.
5. Terms and Definitions: Customer
- a capable individual or legal entity that accepts the terms of this TERMS AND CONDITIONS and pays the cost of the ordered Services. User of the Services
- the Customer or other person in whose favor the Customer has concluded this Agreement and transferred the rights to use the services. The Service User is subject to all the rights and obligations specified in this TERMS AND CONDITIONS for the Customer. Video course
- blogging training software containing the author's training program of the Contractor, or third parties who have transferred exclusive rights to the program to the Contractor, which consists of a number of training lectures, personal consultations, master classes, methodological manuals. Webinar
- recording of a video lecture in feedback mode with answers to users' questions in accordance with the Customer's choice. Video lecture
- a video speech by an expert in the genre of lecture and training video, in which the expert tells, demonstrates something on the topic of his lecture. Service
- provision on a reimbursable basis of limited access via the Internet to videos of practical trainings and courses or organized information and consulting sessions on distance learning in accordance with the terms of this TERMS AND CONDITIONS for study for personal non-commercial purposes. Site
- a set of information, texts, graphic design elements, images, photo and video materials and other results of intellectual activity, as well as computer programs contained in an electronic system that ensures the availability of such information on the Internet to network addresses: www.boyechik.com Certificate
- a document of the Contractor certifying the fact that the Customer has used the video course in full.
Concepts and terms not defined in section 5 of this TERMS AND CONDITIONS may be used in the TERMS AND CONDITIONS. Such terms and definitions shall be construed in accordance with the text and meaning of this document.
1. Subject of the contract
1.1. The subject of this Agreement is the provision of services by the Contractor by posting a remote Video Course or Webinar on the Internet on the Contractor's Website through the provision of special access to the Customer.
1.2. The cost, list, content, terms and procedure for the provision of Services are indicated on the Contractor's Website. Services under this contract are limited to the provision of information to the Customer and the formation of skills for its independent use.
1.3. Term of provision of Services - the date of providing the Customer with access to the Video Course/Webinar paid by him, which does not exceed 48 hours from the date of receipt of the Customer's funds for the Services to the Contractor's current account.
1.4. The video course will be available to the Customer within 12 (twelve) months from the date of purchase. If the Customer, for reasons beyond the control of the Contractor, does not use access to the Site, does not view the Video Course, the Service is considered to be properly provided and the funds paid to the Contractor are non-refundable.
2. Contract price, payment procedure.
2.1. The contract price consists of a one-time payment for access to the Video Course through access using personalized access parameters created by the Customer by clicking on the address (link) sent to the Customer's e-mail address specified by the Customer, as well as on the main site boyechik.com and other pages of the site and subdomain pages belonging to this domain when choosing a certain Payment is made in the amount of 100% prepayment for access to the Video Course (other payment procedure is possible in accordance with the terms of the promotions, as well as in some cases after additional agreement with the Contractor).
2.2. Purchase of the Video Course for collective access (viewing by several persons) is prohibited.
2.3. Payment for the User may be made by a third party (Customer), and if the payment organization or the payer's bank cancels the payment, the payment will be considered failed, and the Contractor has the right to cancel access to the Video Course. In case of a refund of paid funds, the refund is made on the basis of a personal application of the person in whose name the bank card with which the payment was made is issued.
2.4. Payment can be made by the Customer through an electronic payment system on the Contractor's Website. The moment of payment is the transfer of funds to the current account of the Contractor.
2.5. Refunds to the Customer shall be made if access information has not been sent by the Contractor to the e-mail address specified by the Customer. After providing access, the Service is considered to be provided in full, the funds are non-refundable.
2.6. The Contractor is not responsible for failure to provide the Services when their provision was hampered by force majeure circumstances beyond the control of the Contractor: earthquake, fire, adoption of legislative acts declaring impossible the activities of the Contractor, blocking of the Internet connection by the decision of its operator. The Contractor shall notify the Customer of these circumstances by e-mail or other specified method of feedback indicating the period of resumption of the provision of Services.
2.7. The Customer has the right to make an advance payment (booking) of the promotional Video Course, with a delay in providing access on the terms contained on the Contractor's Website. In this case, the Customer makes an amount of advance payment in the amount of $50, this amount may change, you can specify on the Contractor's Website. If the Customer refuses to pay the remaining part of the cost of the Video Course after receiving information from the Contractor about the confirmation of the reservation, the prepayment is non-refundable and is considered payment for the booking service of the right of access to this Video Course.
2.8. Preliminary partial payment for the Services, in the amount established on the Contractor's Website, shall be refunded at the request of the Customer, but no later than the start date of the next Course. From the start date of the Course, the Customer loses the right to refund the preliminary partial payment and it is considered payment for the booking service of access to this Video Course.
2.9. Payment for services, in the amount established on the Contractor's Website, for an online course, webinar, any other training material presented on the Contractor's Website, is non-refundable after reviewing it or gaining access to the mail, as well as after 3 days of opening access to the training materials of the online course, webinar and other educational products, if these are courses with a long delivery period, that is, lessons, modules, video recordings are provided according to the lesson opening schedule (the so-called streaming courses). 3. Procedure for providing services
3.1. To receive the Service, the Customer leaves an application on the Contractor's website. All reference information during the application process can be obtained by e-mail.
3.2. To complete the application, the Customer leaves the following data to the Contractor:
- last name and first name;
- contact e-mail;
- contact phone number;
- country, city (municipal formation) of place of residence.
3.3. After submitting the application, the Customer agrees to the terms of this TERMS AND CONDITIONS by clicking in the cell under the phrase "I agree with the TERMS AND CONDITIONS" and pays for the ordered Service in the ways provided for by the terms of this agreement.
3.4. The service is considered to be provided by the Contractor by providing access keys to the Video Course/Webinar ordered by the Customer or by providing a hyperlink to download materials via the Customer's e-mail specified in the application.
The service of booking a Video Course is considered to be provided by booking the right to a promotional Video Course/Webinar upon making an advance payment.
3.5. Upon the fact of the services rendered, an act on the provision of services is not formed.
3.6. After the Customer has studied the Video Course, the Contractor sends the Customer an e-mail with a personalized Certificate of successful completion of the Video Course.
4. Intellectual property rights.
4.1. Video course, Video lectures or Webinar are the author's work of the Contractor, which is subject to the exclusive right of the Contractor.
4.2. Temporary files of the Video course are played in the memory of the Customer's computer. No rights in their relation to the Customer are granted. Saving a computer screen image, copying, as well as processing and modifying the Video course, creating derivative reproductions, duplicating still frames on paper is prohibited. Violations are any methods of use other than familiarization and perception of visual and auditory when accessing Video Lectures and other content of Video Courses. The training of third parties, the demonstration of the techniques presented by the Contractor are public performance, types of scenario processing and are prohibited.
4.3. All information posted by the Customer on the Contractor's websites is considered to be provided to the Contractor for use in order to popularize its activities in any existing way or invented in the future for the period of protection of the author's exclusive rights. 5. Processing of personal data
5.1. The Customer (User) agrees to the processing by the Contractor of his personal data - email address, name, nickname, if it does not correspond to his real name, as well as information that the Customer (User) reports at will - age, state of health, etc.
5.2. Consent to the processing of personal data was granted to the Contractor in order to fulfill his obligations under this agreement.
5.3. The processing of personal data is carried out using automation tools or without the use of such tools in the manner and on the terms contained in the Regulations on the processing of personal data posted on the Contractor's Website. 6. Rights and obligations of the parties
6.1. Rights and obligations of the Contractor:
6.1.1. Ensure the relevance of the created individual parameters for accessing the Video Course or Webinar (password, login), answer the Customer's questions by e-mail or by phone about the functionality of the Video Course.
6.1.2. Advise the Customer on the Services provided: on organizational and technical issues, techniques for performing techniques with the help of, the procedure and rules for registration and payment by the customer support service, through social networks. Instagram network and CRM system.
6.1.3. If the Video course involves a stepwise presentation of the material, the Contractor warns the Customer about the methodology for mastering the Video course, the sequence of Video lectures.
6.1.4. Provide access to the Video course to the Customer, subject to the Customer's compliance with the conditions for accepting the offer (acceptance) agreement in full.
6.1.5. The Contractor is obliged to ensure the availability of the content of the Video Courses and Webinars during the entire period specified in clause 1.4. actual agreement.
6.1.6. In case of changes in the conditions of the Webinar (time, dates and other changes), notify the Customer no later than 23:59 Moscow time on the day preceding the day of the Webinar.
6.1.7. The Parties agree that the Contractor has the right to change the dates and times of the Webinars, as well as other conditions for conducting the Video Courses. The Contractor notifies the Customer of the changes by posting information on the Contractor's Website at the address of the Video Course page, and additionally, has the right to send a notification to the Customer's e-mail.
6.2. Rights and obligations of the Customer:
6.2.1. Pay the cost of the Video Course or Webinar in the amount indicated on the Contractor's Website.
6.2.2. It is forbidden to transfer access to your personal data to third parties in order to use the Video Course or Webinar or parts thereof, to perform other actions as a result of which information and materials provided by the Contractor to the Customer will become available to third parties.
6.2.3. The customer is obliged to observe the ethics of communication and refrain from obscene language or expressions that can be regarded as insults.
6.2.4. Do not record, distribute (publish, post on websites, copy, transfer or resell to third parties) for commercial or non-commercial purposes the information and materials provided by the Contractor to the Customer under this agreement, create information products based on it for the purpose of making a profit, as well as use this information in any way other than for personal, non-public use.
6.2.5. The Customer independently and in a timely manner is obliged to get acquainted with the information about the Video Courses until the moment of submitting an application and paying for them.
6.2.6. Observe the exclusive and copyright rights of the Contractor and other third parties.
6.2.7. The Customer has the right to receive clarifications on the topic of the Video course, to receive full information about the content and procedure for the provision of the Services. 7. Final provisions of.
7.1. The video course (Webinar) is provided "as is", and the Contractor is not responsible for damage caused to the property or health of the Customer, direct or indirect losses that may be associated with the use of this computer program. The Contractor is not responsible for the compatibility, performance of the equipment and other programs of the customer in connection with its use.
7.2. The Contractor is not responsible for the non-compliance of the Services provided with the Customer's expectations and / or for his subjective assessment, such non-compliance with the expectations and / or negative subjective assessment are not grounds to consider the services provided of poor quality or not in the agreed volume.
7.3. The Customer is not entitled to withdraw from the contract in order to return the amount paid after providing him with an access code, since the service is rendered at the time the access codes are sent to the Customer, regardless of whether the Customer uses the access code or refuses to use it.
7.4. All disputes and disagreements arising in connection with the execution of this agreement are resolved by the parties through negotiations. The deadline for responding to a written claim is 10 days from the date of its receipt. If it is impossible to resolve the dispute through negotiations, the dispute may be referred to the court at the location of the Contractor.
7.5. The Contractor guarantees the possibility of using information services through the Customer's access devices with the following characteristics:
· Latest version of Google Chrome, Firefox, Safari or Opera browser at the time of visiting the Site.
7.6. The Contractor has the right to change the number of recorded lessons on the Video Course, re-record them and update them so that the Video Course is always up-to-date. The date and time of publication of individual lessons on the Video Course with its step-by-step (step) passage may change at any time due to their updating or re-recording.
7.7. The Contractor, at its discretion and in cases where the Video Course tariff chosen by the Customer, in the description of which there is information that the selected tariff contains information about joining the community, group, chat, messenger and any other additional place to communicate between students on the Video Course, has the right to exclude the Customer from these places at any time at the discretion of the Contractor, provided that the Customer tries to sabotage the training process, aggressively configured, interfere with other participants in the learning process, agitate for various actions not related to the Video Course and other actions that do not affect the learning process and/or prevent other participants from perceiving information regarding training on the Video Course.
7.8. In all other respects that are not provided for by this Agreement, the Parties are guided by the current civil legislation of the United States of America.
This agreement is mixed, in addition to the rules on consumer protection, it is subject to the rules on a license agreement regarding the use of a computer program (Video course, Webinars and other content), in connection with which the rules on the grounds for refusing a contract for the provision of services on the grounds provided for consumer protection law does not apply.