USER AGREEMENT
This user agreement (hereinafter referred to as the Agreement) is an agreement between any physical person (hereinafter referred to as the User) who has agreed to the terms set forth in this Agreement by registering on the Service and Mythic-Store (hereinafter referred to as the Administration). Registration of the User on the Serviceis considered as the unconditional acceptance of this Agreement. This Agreement along with other additional terms and conditions related to the use of the Service and presented on the Service website contains terms and conditions that apply to each User of the Service. By using the Service, the User agrees to these terms and conditions. If the User does not agree with any of the conditions, he/she must stop using the Service.
1. DEFINITIONS.
1.1 The Parties have agreed that the following terms and definitions for the purposes of this Agreement will have the following meanings:
''Administration'' is Mythic-Store and is the owner and copyright holder of the exclusive rights to the Service.
''User'', ''Customer'' is any physical person who has passed the Registration process on the Service.
''Service'', ''Website'' is a software called «Mythic Store» intended for ordering and providing services to the Administration, familiarization with information about services and about the Administration, access to which the Administration temporarily provides to the User at https://mythic-store.com/. It is a complex object the creation of which was organized by the Administration. It includes databases, program codes, know-how, algorithms, design elements, fonts, logos, as well as text, graphic and other materials, information, texts, graphic elements, images, photos, audio and video materials and other results of intellectual activity. The exclusive rights to the Service and any of its components belong to the Administration as the copyright holder or licensee on the basis of the law, agreement, or other transaction.
''Registration'' is a procedure during which the User provides reliable data about himself/herself in the form approved by the Administration, and also creates a login and password. Registration is considered complete only if the User successfully completes all its stages, including the activation of the Personal Account, carried out by clicking on a unique code sent to the email address and (or) the mobile phone number specified by the User. Instead of registering, the Service may offer to perform initial authorization using a third-party web service, as a result of which a token that identifies the User will be transferred to the Administration. The same User cannot be registered on the Service more than once. Changes in the registration data of the User can only be made by the Administration. To change such data, the User must contact the Administration through the Personal Account or by personally delivering a request signed by the User to the postal address of the Administration [email protected]. The User must submit documents identifying him/her (their copies) in confirmation of the change in registration data (name, surname, and others).
''Personal account'', ''Account'' is a customizable virtual workplace of the User in the Service, where the User, in particular, communicates with the Administration, through which he orders the Services, access to which the User receives after identification with credentials (login and password). A user can have no more than one Personal Account.
''User Registration Data'' is data voluntarily specified or uploaded by the User during the Registration and further use of the Service. The data is stored in the Administration's database and is to be used exclusively in accordance with this Agreement and applicable local and international legislation.
''Authorization'' is a procedure when the User enters his login and password into specially designated fields in the form of the interface of the Service or a third-party web service in order to identify it, transfer the Administration token, and determine the authenticity of the authority to access the Account and the functionality of the Service.
''Token'' is a unique set of characters that identifies the User in accounts of third-party web services (Microsoft Authenticator, Google Authorization, social networks, Google Play, Apple AppStore etc.). The token allows an authorized connection to the Service using authorization through third-party web services.
''Verification'' is an identification process confirming the identity of the User and confirming that the phone number or e-mail address entered during registration belong to the User, for example, by clicking on a unique link or entering the code received in an SMS message into a special field of the Service.
''Personal data'' is any information related to a directly or indirectly identified or identifiable natural person ("personal data subject"); an identifiable natural person is a person who can be identified directly or indirectly, in particular, by reference to an identifier such as first name, last name, patronymic (if any), identification number, individual taxpayer number, SNILS (personal insurance policy number), bank details, year, month, date and place of birth, address, e-mail address, telephone number, family, social, property status, education, profession, income, metadata that are transmitted to the Administration in the process of using the Service using the software installed on the User's device (including data location, HTTP headers, IP address, cookie data, information about the User's browser, technical characteristics of equipment and software used by the User, date and time of access to the Service, addresses of the requested pages of the Service and other similar information), one or several natural, physiological, characteristic of the specified person geological, genetic, spiritual, economic, cultural factors or by referring to factors of social identity.
''Simple electronic signature'' is an electronic signature that, through the use of codes, passwords or other means, confirms the fact of the formation of an electronic signature by a certain person in accordance with this Agreement.
''User Documentation'' means instructions and information materials explaining the procedure for using the Service by the User.
''Terms of Use'' are a set of agreements between the User and the Administration, which includes this Agreement, additional terms, and conditions that relate to the use of the Service, as well as other agreements in which it is separately stipulated that they are included in the Terms of Service.
''Statistics'' is information about the use of the Service, as well as about viewing and/or using elements of the Service (windows, dialogs, interactive elements, web pages, frames, content, etc.), collected using Counters, cookies, web beacons, and other similar technologies.
''Counter'' is part of the Service, a computer program that uses a code fragment that is responsible for collecting statistical and personal data about the use of the Service. The administration can use counters of its own design, as well as those provided by third parties under a limited license (license agreement), for example, Google Analytics and other similar meters. Counters collect personal data in an anonymous form.
''IP-address'' is a number from the numbering resource of a data transmission network built on the basis of the IP protocol (RFC 791) which when providing telematic communication services, including access to the Internet uniquely identifies the subscriber terminal (computer, smartphone, tablet, other devices) or communication facilities included in the information system and owned by the User.
''HTTP header'' is a row in the HTTP message that contains a colon-separated name-value pair. The HTTP header format follows the common ARPA network text message header format described in RFC 822.
''Cache'' is intermediate storage located on the User’s device of data received from the Service’s website and requested more often than others with the highest probability, access to which from the cache is possible at a much faster speed than fetching source data from a remote source (for example, remote server or website).
''Cookies'', ''cookie'' is a small piece of data sent by the web server and stored on the device of the user of the website on which the Counter is installed. Cookies contain small chunks of text and are used to store information about browsers. They allow you to store and receive identification information and other information on computers, smartphones, phones, and other devices. The cookie specifications are described in RFC 2109 and RFC 2965. Other technologies are used for the same purpose, including data stored by browsers or devices, device identifiers, and other software. In this Agreement, all of these technologies are called cookies.
''Web beacons'' are images in electronic form (single-pixel (1x1) or empty GIF images). Web beacons can help the Administration recognize certain types of information on the User’s device, for example, cookies, the time and date of viewing the page, and the description of the page where the web beacon is located.
''Messenger'' is an information system and/or computer program (mobile application, web service, web application, etc.) that is designed and/or used to receive, transmit, deliver, and/or process electronic messages on the Internet (e.g. Skype, WhatsApp, Viber, etc.).
''Checksum'' is a certain value (sequence of characters) calculated from a data set by applying a specific algorithm, used within this Agreement to verify the integrity (authenticity) of electronic files during their transfer or storage. For the purposes of this Agreement, the calculation and verification of Checksums are performed by applying the algorithms MD5 and SHA256.
1.2 All other terms and definitions that appear in the Agreement are interpreted by the Parties in accordance with the national legislation, the current recommendations (RFC) of international bodies for standardization on the Internet and using the usual rules for the interpretation of relevant terms that have developed on the Internet.
1.3 Terms and definitions used in this Agreement can be used both in the singular and in the plural, depending on the context, the terms can be spelled both in uppercase and lowercase letters.
1.4 The names of the headings (articles), as well as the design of the Agreement, are intended only for the convenience of using the text of the Agreement and have no literal legal value.
2. SUBJECT OF THE AGREEMENT
2.1 This Agreement governs the relationship between the User, on the one hand, and the Administration, on the other hand, to grant the User the right to use the Service, and also governs the procedure for using the Service.
2.2 In accordance with this Agreement, the Administration grants the right to use the Service free of charge in accordance with its purpose.
2.3 In order to fulfill its obligations under the Agreement, the Administration has the right to attract third parties in the execution of the Agreement without the consent of the User, if third parties do not process the User's personal data.
3. INTELLECTUAL PROPERTY RIGHTS TO THE SERVICE
3.1 The Service, its parts and individual components (including, but not limited to: computer programs, databases, program codes, know-how, algorithms, design elements, fonts, logos, as well as text, graphic and other materials) are objects of intellectual property protected in accordance with applicable law. It's allowed to use them only with permission of the Administration.
3.2 The Administration hereby grants to the User for the entire term of this Agreement a simple (non-exclusive), revocable, limited license to use the Service without limiting the territory of its operation and not subject to transfer or assignment to third parties. Such a simple (non-exclusive) license is intended to provide the User with the opportunity to use the Service in accordance with its purpose, taking into account the restrictions provided for by the Agreement and other terms of use of the Service.
3.3 The license is not restricted regarding territory unless otherwise established by a separate transaction with the User.
3.4 Revocation of the license granted in accordance with this Agreement shall be performed in the manner prescribed by law for refusal to execute a license agreement.
3.5 The right to use the Service includes the right to reproduce the Service or certain sections of its code on the User’s end device (computer, smartphone, tablet, etc.) for caching and launching using the target operating system to use the Service according to its purpose.
3.6 The right to use the Service does not include the right to make a copy of it, unless otherwise directly established by a separate transaction with the User or written permission from the Administration.
3.7 The use of the Service in accordance with this Agreement may also have other limitations in features specified in the User Documentation of the Service.
3.8 The right to use the Service provided to the User under this Agreement implies the right to receive regular updates of the Service within one version (minor updates of the current release which are not a new version) and new versions of the Service (major updates, new releases which are a new version), if available.
3.9 The User agrees that he/she does not have the right (including no right to allow anyone) to change, create derivative works, disassemble the Service into component codes, reverse engineer, decompile or otherwise try to obtain the source code of the Service or any part of it, unless there are written permission of the Administration to perform such actions. Otherwise, the User is fully liable for such actions provided for in this Agreement, as well as by international and national legislation.
3.10 This Agreement does not provide for the transfer of intellectual property rights of the Administration (or part thereof), except for a limited license, which is granted on the basis of this Agreement. Nothing in this Agreement constitutes an assignment of intellectual property rights of the Administration or a waiver of these rights on the basis of applicable law.
3.11 The Service contains or may contain computer programs that are licensed (or sublicensed) to the User in accordance with the public GNU license or other similar Open Source licenses, which, among other rights, allow the User to copy, modify, redistribute certain computer programs or parts thereof and gain access to the original code. If such a license provides for the provision of source code to users for whom the computer program is provided in the format of executable binary code (object code), the source code is made available upon request to the Administration's email address. If any license for open-source computer programs requires that the Administration grants rights to use, copy or modify open-source computer programs that go beyond the rights provided by this Agreement, such rights shall prevail over the rights and restrictions specified in this Agreement.
4. GENERAL RIGHTS, RESPONSIBILITIES, AND WARRANTIES OF THE ADMINISTRATION
4.1 The Administration guarantees that it has all legal grounds for providing the User with the right to use the Service under this Agreement. All rights to the Service and its constituent components belong to the Administration or to other copyright holders who have granted the Administration a non-exclusive license with the possibility of sublicensing including under an open license (LGPL, BSD, MIT, etc.).
4.2 The Administration undertakes to make all reasonable efforts to ensure the stable operation of the Service, its gradual improvement, and correction of errors in the operation of the Service, however, the Service is provided to the User ''as is''. This means that the Administration:
- does not guarantee the absence of errors in the operation of the Service;
- is not responsible for the continuous operation of the Service and its compatibility with software and hardware of the User and other persons;
- is not responsible for causing any losses that have occurred or may arise in connection with or while using the Service;
- is not responsible for non-fulfillment or improper performance of its obligations due to failures in telecommunication and energy networks, malicious programs, as well as dishonest actions of third parties aimed at unauthorized access and (or) disabling the Administration's software and (or) hardware complex.
4.3 The Administration is in no way affiliated with or otherwise associated with the Users, operates independently of them, does not aim to weaken their positions or otherwise affect their position and does not try to derive income from their business reputation.
4.4 The Administration guarantees the operation of the Service provided that the User uses new up-to-date versions of operating systems and web browsers to access it.
4.5 The Administration has the right to provide the User with access to the Service and maintain the Service in operating order and also has the right to suspend the access to the Service for the time required to carry out planned maintenance on the equipment without prior notice to the User. In addition, the Administration has the right to suspend the User's access to the Service if the Administration finds out that the User provided false information about himself/herself when registering or using the Service, as well as for other reasons specified in the User Documentation.
4.6 The User agrees that the Administration has the right to use the data provided by the User during registration for conducting marketing activities related to the Service, as well as to send to the email address provided by the User and (or) by SMS notifications to the mobile phone number provided by the User, post in the area limited by the User's access (Personal Account) advertising and information messages at their discretion. The Parties agreed to consider this clause as the User's prior consent to receive advertising in accordance with national legislation regarding processing of personal data..
4.7 The Administration reserves the right to contact the User by making calls and sending SMS messages in order to check the quality of the Service and reporting critical information to the User.
4.8 The Administration reserves the right to request copies of documents to identify the User. The Administration is also obliged to provide authentic contact information about the User at the request of registration agencies or law enforcement agencies in accordance with the law.
4.9 The Administration reserves the right to request supporting documents from the User to verify the registration data specified by him and the information posted by him in order to avoid cases of violation of the intellectual rights of third parties, fraud, and other illegal actions. The user is obliged to provide the Administration with supporting documents within 24 (twenty-four) hours of the request. During such a control, the Administration has the right to restrict the User's access to the Service.
4.10 In case the User violates the terms of the Agreement, the Administration reserves the right to terminate the User's access to the Service (including by blocking access to the Service through the IP address from which this User was registered or made the largest number of visits to the Service) and unilaterally delete all his/her registration data without notification and providing any reasons, as well as without any compensation and refunds.
4.11 In case the User does not use the Service for 12 (twelve) calendar months in a row, the Administration reserves the right to unilaterally out-of-court terminate this Agreement and delete the Account and all User registration data without any notice, as well as without any compensation and refunds.
4.12 The Administration reserves the right to establish any rules, limits, and restrictions (technical, legal, organizational, or other) on the use of the Service. The administration can change them at its discretion, without prior notice to the User. In cases where it is not prohibited by law, these rules, limits, and restrictions may be different for different categories of Users.
4.13 The Administration undertakes to ensure the confidentiality and safety of all data received from the User, except when such disclosure occurred for reasons beyond the control of the Administration, as well as except for cases provided for by the current international and national legislation or directly provided for by a transaction, agreement, agreement with the User.
4.14 The Administration undertakes to provide technical support to the User in the form of a written consultation within 10 (ten) business days on issues related to the operation and use of the Service. Technical support is provided only at the official request of the User, made by the methods provided for in this Agreement for the exchange of notifications, messages, and documents. A specialist from the Administration can only consult you on issues related to the operation and use of the Service. Consultations on issues not related to the operation of the Service are not provided.
4.15 The request is to be sent by the User to the email address [email protected] and must contain a detailed description of the problem, screenshots of the User's monitor/tablet/smartphone displaying the problem, data on the operating system, hardware and software versions used by the User to access the Service. Within 10 (ten) business days, the Administration considers the User's request and sends him by e-mail recommendations on how to fix the problem. If the User does not follow these recommendations, the Administration is not responsible for the correct operation of the Service.
4.16 The User is notified that in some cases the solution of a technical problem may take more than 10 (ten) business days. In such cases, the Administration within ten days sends the User a corresponding notification to the e-mail specified during registration and suspends access to the Service until the problem is resolved.
5. GENERAL RIGHTS, RESPONSIBILITIES, AND WARRANTIES OF THE USER
5.1 The User ensures that:
5.1.1 He/she has the legal capacity to enter into this legally binding Agreement on his/her own behalf, or on behalf of a physical person or legal entity, in whose interests he/she enters into this Agreement.
5.1.2 He/she understands that the Administration does not provide legal advice and recommendations regarding applicable laws or requirements, the effect of which applies to the User or to end-users, as well as regarding compliance by the User with applicable laws and requirements.
5.1.3 He/she has received all the necessary consents and permissions provided for by applicable law for the placement, transfer, and publication of personal data and (or) images of physical persons or legal entities that are indicated by the User as part of his/her personal registration data. The User agrees to comply with all relevant requirements and restrictions of the applicable law related to them.
5.1. 4 All information and documents provided to the Administration by the User in connection with the acceptance and execution of this Agreement are authentic. The User did not hide the circumstances that, if detected, would adversely affect the decision of the Administration regarding the operation of this Agreement and its implementation.
5.1. 5 Acceptance of this Agreement does not violate any rights and obligations of the User to third parties.
5.1. 6 He/she does not participate and is not connected in any way with any transaction or other obligation for which it is in a state of non-fulfillment of its obligations, or is obliged to fulfill its obligations before time or participation in which may adversely affect the User’s ability to fulfill the obligations taken by him under this Agreement, or obligations that the User did not inform the Administration about.
5.1. 7 He/she received all the necessary consents and permits provided for by applicable law for the processing of personal data and (or) images of individuals that will need to be processed in the process of implementing this Agreement. The User agrees and undertakes to comply with all relevant requirements and restrictions of the applicable law related to them.
5.2 Rights of the User:
5.2.1 The User has the right to use the Service by the ways not prohibited by this Agreement and the applicable international and national legislation in accordance with its purpose and within its features.
5.2.2 In case the Service has technical problems, as well as if the User receives messages from mailboxes of the domain mythic-store.com which are unauthorized advertising or contain materials prohibited by this Agreement, including threats or files suspected to contain a virus, as well as if the User has the grounds believe that an unauthorized person received access to the Service, the User has the right to contact the Administration to clarify the situation and take the necessary measures.
5.2.3 The User has the right to contact technical support on issues related to the Service specified in this Agreement.
5.2.4 The User has the right to have his/her personal data kept safe, as much as it depends on the Administration in accordance with the applicable international and national legislation.
5.2.5 The User has the right at any time to refuse calls, SMS-messages, and other advertising by informing the Administration about it or by turning off the corresponding notifications in the Account.
5.3 Responsabilities of the User:
5.3.1 When using the Service, the User agrees and undertakes not to violate the intellectual rights of the Administration.
5.3.2 The User undertakes not to use the Service for unauthorized gaining of competitive advantages in business activity committed in violation of the rules of antimonopoly and other legislation.
5.3.3 The User is responsible for storing the login and password beyond the reach of third parties and their timely change in case of loss or other need.
5.3.4 When using the Service, the User undertakes to have all the necessary permissions and powers from the data owners that he/she uses when working with the Service in accordance with its purpose, in particular, to have all the necessary consents and permissions provided for by applicable law for the processing of personal data of individuals that may need to be processed in the process of using the Service. The user agrees to comply with all relevant legal requirements and restrictions in their respect.
5.3.5 The User is responsible for providing to the Administration authentic and relevant contact and registration information about himself when using the Service. In case of change in the specified data, the User is obliged to inform the Administration about this by contacting the Administration through the Personal Account or by delivering a request personally signed by the User to the postal address of the Administration [email protected]. The User must submit identifying documents (copies) in confirmation of the change in registration data (name, surname, and others).
5.3.6 The User agrees to never and under no circumstances use the Service to perform actions prohibited or limited by applicable international or national legislation.
5.3.7 The User agrees and undertakes not to damage the Service, its components and modules in the process of its use, as well as hardware and software, host computers of the Administration or other persons who ensure the functioning of the Service, including by sending to their IP addresses numerous requests that cause DDoS attack and an error such as a service denied.
5.3.8 The User agrees to reimburse the Administration for any losses incurred in connection with the use of the Service because of the User violating the User Agreement and the rights (including intellectual, informational, etc.) of third parties.
5.3.9 The User acknowledges and agrees that the IP address of the User’s device is fixed by the Administration’s technical means, and in case of illegal actions, including actions that violate the intellectual rights of third parties, the owner of the device determined by the Administration’s technical means by IP affiliation is recognized liable for these illegal actions.
6. ARRANGEMENTS FOR THE USE OF THE SERVICE
6.1 This Agreement governs relations only regarding the use of the Service in accordance with its purpose.
6.2 The Users shall use the Service in accordance with its purpose and features and in strict accordance with the applicable legislation..
6.3 The features of the Service and guidance on its use are given in the User documentation for the Service.
6.4 The User has the right to use the Service only after registration on the Service. The User cannot get registered on the Service more than once.
6.5 In order to register on the Service, the User shall provide reliable data about himself (in particular, last name, first name, patronymic/middle name (if there is one); e-mail address; cell phone number) according to the form approved by the Administration. The registration form of the Service may request additional information from the User (address; number of the main document proving his identity, information about the date of issue of the specified document and the issuing authority).
6.6 Registration is considered complete only if the User successfully completes all its stages, including verification by entering an SMS code or clicking on a unique link sent to the email address or cell phone number specified by the User. Instead of registering, the User can perform initial authorization using a third-party web service, if it's technically possible.
6.7 Once the registration is completed, the User has access to the features of the Service in accordance with its purpose.
7. CONFIDENTIALITY
7. The Parties undertake to maintain the confidentiality of all information transmitted to each other both through secure and unprotected communication channels, regardless of the presence or absence of markings indicating the status of confidentiality of the transmitted information, except when such disclosure occurred for reasons beyond the control of the Parties, as well as except cases stipulated by the current legislation or by a transaction, agreement, agreement with the User.
7.2 The disclosure of confidential information within this Agreement means the action or inaction of one of the Parties to the Agreement, as a result of which confidential information becomes known to third parties without the consent of its owner. In this case, the form of disclosure of confidential information to third parties (oral, written, using technical means, etc.) does not matter.
7.3 Disclosure of confidential information at the legal request of law enforcement and other authorized state bodies and officials is not considered a violation of confidentiality if it's disclosed in cases and in the manner prescribed by applicable law, as well as publicly, verbally, or in writing indicating that one Party is a counterparty to another Party.
7.4 In case confidential information is disclosed to such authorities and/or persons, the disclosing Party shall in writing notify the owner of the confidential information about the fact of the disclosure, its contents, and the authority to which they were disclosed, no later than 2 (two) business days from the date of disclosure.
7.5 Confidentiality obligations are valid for an unlimited period.
7.6 In case one Party discloses confidential information received from the other Party, the disclosing Party undertakes to compensate for all losses caused by this action, including lost profits, within 5 (five) business days after receiving the corresponding written request from the other Party.
8. PROCESSING OF PERSONAL DATA
8.1 The acceptance of the Agreement and the use of the Service in accordance with it requires the provision, collection, and/or use of a set of personal data. In particular, when providing access to the Service and when using it, the Administration gains access and uses a number of data relating to the User (a physical person) or his/her representatives (physical persons). The Administration's privacy policy regarding the Service can be found at: https://mythic-store.com/en/privacy.
8.2 The User's consent to the terms of the Agreement means the User's consent to the terms of the Administration's Privacy Policy.
8.3 By using the Service, the User provides the Administration with his/her consent to the processing of his/her following personal data:
8.3.1 surname, name, patronymic/middle name (if a patronymic/middle name is available);
8.3.2 game ID (battle tag);
8.3.3 e-mail address;
8.3.4 cell phone number;
8.3.5 login and password to enter the Service;
8.3.6 web services data (Telegram, WhatsApp, Skype, Discord);
8.3.7 token (when logging in via Facebook or Google);
8.3.8 HTTP headers;
8.3.9 IP address of the device;
8.3.10 cookie data;
8.3.11 data collected by counters;
8.3.12 data collected by web beacons;
8.3.13 information about the browser;
8.3.14 technical specifications of the device and software;
8.3.15 technical data on the operation of the Service, including the dates and times of use and access to the Service;
8.3.16 addresses of requested pages of the Service website;
8.3.17 geolocation data.
for the term of this Agreement or any other transaction with the Administration for the following purposes:
8.4 Upon the terms and conditions contained in this consent the Administration is granted the right to perform any actions to the User’s personal data including, but not limited to: collection, systematization, accumulation, storage, clarification (updating, change), use, transfer, depersonalization, blocking, destruction, transfer (including cross-border transfer) of the personal data to the Administration's partners. The Administration is also granted the right to perform other necessary actions to the personal data in consideration of the applicable law.
8.5 It's allowed to process the User’s personal data using the following main methods (but not limited to): storage, recording on electronic media and their storage, listing, labeling.
8.6 It's allowed to process the User’s personal data with and without the use of automation tools in accordance with applicable law.
8.7 The processing of the User’s personal data within this Agreement is performed by the Administration without the use of automation tools, since such actions as the use, refinement, distribution, destruction of personal data in relation to the User are done with the direct participation of a person.
8.8 It is allowed to process the User’s personal data using DPM systems (Data Protection Manager), including those belonging to third parties, and provided to the Administration on the basis of an appropriate agreement or contract if measures to protect the confidentiality of personal data are taken.
8.9 The personal data provided by the User while using the Service in accordance with the Agreement is processed under the applicable national legislationrelated to the need to conclude and execute this Agreement, to which the User is a party.
8.10 This consent to the processing of the User’s personal data extends to any transfer of the User’s personal data to the Administration made prior to the present consent.
9. LIABILITIES AND LIABILITY RESTRICTIONS
9.1 The Party that has not fulfilled or improperly fulfilled the obligations under this Agreement agrees and undertakes to compensate the other Party for losses caused by such non-performance.
9.2 The Administration is under no circumstances responsible for harm caused to the User in the process of using this Service, including for the User's attempts to use the Service instead of professional or specialized software, the use of the Service in emergency situations, as a result of using the Service in an unfavorable situation, for any indirect, accidental, unintentional damage, including lost profits or lost data, harm to honor, dignity or business reputation caused in connection with the use of the Service or materials to which the User or other persons have access using the Service, even if the Administration has warned or indicated the possibility of such harm.
9.3 The Administration is not liable for the User losing the ability to access his/her account (loss of the login and/or password from an account of a third-party web service).
9.4 The Administration is not liable for the User lacking access to the Internet, for the quality of services of communication providers, for the stability of the connection, and the availability of certain data transfer protocols.
9.5 The Administration is not responsible for the termination of the User's access to the Service for a reason not related to the wrongful acts/acts of omission of the Administration.
9.6 The Administration is not responsible for the User transferring information using the Service through unprotected data transmission channels on the Internet and for the safety of information during its transfer.
9.7 The Administration is not responsible for the content that may be distributed by the User using the Service.
9.8 The Service may contain links to other Internet resources. The User hereby agrees that the Administration is not responsible for the availability of these resources and for the information posted on them, as well as for any consequences associated with the use of these resources.
9.9 In any circumstances, the Administration is liable only if there is a fault in its actions or acts of omission and such liability is limited to the amount of 100 (one hundred) euro and cannot exceed this amount.
In other cases, the Parties shall be liable for failure to perform or improper performance of duties under this Agreement to the extent the national legislation of the Parties is applicable to them.
10. FORCE MAJEURE CIRCUMSTANCES
10.1 A Party shall not be held liable for partial or full failure to fulfill obligations under this Agreement if it proves that proper performance was impossible due to force majeure circumstances which means extraordinary, unforeseen, and unavoidable circumstances arising during the execution of this Agreement and directly or indirectly affecting its performance. Such circumstances could not reasonably be expected in the event of the conclusion of this Agreement in order to avoid or overcome them, as well as they are beyond the control of the Parties.
10.2 Force majeure circumstances include military operations (declared or actual war), civil unrest, mass diseases (epidemics, pandemics, etc.), strikes, blockades, natural disasters (earthquakes, floods, hurricanes, etc.), fire, terrorist acts, sabotage, traffic restrictions, prohibitive measures by states, the prohibition of trade operations, including with individual countries, due to the adoption of international sanctions, as well as disconnection of data centers located in the countries of the Parties' location from the global Internet and blocking of servers or connections by supervisory authorities.
10.2 Force majeure circumstances do not include, in particular, entrepreneurial risks, such as violation of obligations by the obligor’s counterparties, lack of products necessary for the fulfillment of obligations on the market, lack of necessary funds from the obligor, as well as financial and economic crisis, change in the exchange rate, devaluation of the national currency, or criminal acts of unidentified persons.
10.3 In the event of force majeure circumstances specified in this chapter, each Party shall immediately notify the other Party in writing (including by sending a message to e-mail or messenger). The notice should contain data on the nature of the circumstances, as well as official documents proving the existence of these circumstances and, if possible, giving an assessment of their impact on the ability of the Party to fulfill its obligations under this Agreement.
10.4 In the event of force majeure circumstances, the term for the Party to fulfill its obligations under the Agreement is postponed in proportion to the time during which these circumstances and their consequences are in effect if such a change in terms is possible and/or appropriate.
10.5 The Party has the right to refuse to fulfill the Agreement in case it's impossible to fulfill obligations due to force majeure circumstances if a change in the timing of the Party's obligations under the Agreement is impossible and/or appropriate, or the force majeure circumstances that have occurred and their consequences are valid for more than 2 (two) months, or the Parties did not agree on alternative methods of execution of the Agreement. The initiating Party shall notify the other Party about the refusal to fulfill obligations under the Agreement within a reasonable time.
10.6 If a Party refuses to execute this Agreement because of the impossibility of its execution due to force majeure circumstances, none of the Parties will have the right to demand from the other Party compensation for possible or existing losses.
11. PROCEDURES FOR DISPUTE RESOLUTION AND SATISFACTION OF CLAIMS
11. All disputes and claims are settled on the basis of the provisions of the Agreement, and if they are not settled, following the procedure prescribed by the applicable legislation.
11.2 Any questions, comments, and other correspondence of the User should be sent to the Administration as an electronic message in the ways provided for in this Agreement for the purpose of exchange of notifications, messages, and documents. The Administration is not responsible and does not guarantee a response to requests, questions, suggestions, and other information sent to it in any other way.
11.3 Claims arising out of or in connection with this Agreement shall be sent to the Administration as an electronic message by the methods provided for in this Agreement for the exchange of notifications, messages, and documents. The administration undertakes to review this claim within 19 (nineteen) calendar days and if necessary to send a letter stating its position to the email address specified in the claim. At the same time, the Administration does not consider the claims of Users whom it is not possible to identify on the basis of the data provided to them during registration (including anonymous claims). If the User does not agree with the reasons given by the Administration in response to the claim, the procedure for its settlement is repeated by the User sending a response with evidence by recorded delivery. If the User does not agree with the answers given by the Administration in response to the claim, the procedure for its settlement is repeated. If it is impossible to resolve the claim through negotiations, the dispute is resolved through legal proceedings as provided herein.
11.4 The User and the Administration agree that if it is not possible to resolve disputes arising out of or in connection with this Agreement through negotiations, such disputes shall be resolved by the parties in a court in accordance with the applicable legislation.
12. PERIOD OF EFFECT FOR THE AGREEMENT AND ITS TERMINATION
12.1 This Agreement is concluded between the Parties for an indefinite period.
12.2 If the User deletes his/her Account from the Service, then this is considered as a refusal to use the Service and out-of-court unilateral termination of this Agreement on the initiative of the User from the moment when the Account is deleted.
12.3 In order to delete the registration data of the User as well as his/her Account, the User must contact the Administration with such a request at the email address [email protected].
12.4 If the User does not use the Service for 12 (twelve) calendar months in a row, the Administration may delete the User's Account from the Service. Such deletion of the Account is considered a refusal to provide the Service and out-of-court unilateral termination of this Agreement on the initiative of the Administration from the moment when the Account is deleted.
12.5 Termination of this Agreement means its termination in its all meanings, including and in relation to the agreement between the participants of electronic interaction. Upon termination of such an Agreement, the User is considered to have stopped electronic interaction with other participants.
13. AGREEMENT BETWEEN THE PARTICIPANTS OF THE ELECTRONIC INTERACTION
13.1 The rules given in this section are an agreement between the Parties to this Agreement, as between the participants (parties) of electronic interactionunder the applicable national legislation , establishing cases of recognition of electronic documents (including primary accounting documents) signed with a simple electronic signature, equivalent to paper documents signed with a handwritten signature.
13.2 A simple electronic signature of the User is formed by using a certain key of a simple electronic signature corresponding to a specific method of exchanging electronic documents. The user agrees to use a simple electronic signature key to sign electronic documents with his simple electronic signature.
13.3 A simple electronic signature of the Administration is formed by using a specific key of a simple electronic signature corresponding to a specific method of exchanging electronic documents. An electronic document is considered signed by a simple electronic signature of the Administration if it is established that the Administration uses a simple electronic signature key, which coincides with the Administration's simple electronic signature key available in the Administration's information systems.
13.4 A simple electronic signature of the User certifies the fact of signing an electronic document by the User, and a simple electronic signature of the Administration certifies the fact of signing an electronic document by the Administration.
13.5 Information in electronic form, in the form of an electronic document, or electronic message is legally valid only if it is directed to the specified in this Agreement Personal Account or the User, or when the User personally contacts the Administration with the presentation of an identity card, the addressee's email address from the email address the sending party or using the same messengers or phone numbers (SMS-message) or through the Personal Account.
13.6 The simple electronic signature of the Party is contained in the electronic document itself. A simple electronic signature of the User contains information indicating the person who signed the electronic document (last name, first name, and patronymic, if any, the identification number of the registered User), the date and time of signing the electronic document. A simple electronic signature of the Administration contains information indicating the last name, first name, and patronymic (if there is a middle name) of the employee of the Administration who signed the electronic document, his position, date, and time of signing the electronic document.
13.7 To verify a simple electronic signature, the software, hardware, and other means of the Administration are used. The Administration refuses to accept an electronic document in the event of a negative result of verification of a simple electronic signature of the User.
13.8 The fact of creating an electronic document signed with a simple electronic signature, as well as the fact and result of checking a simple electronic signature and other actions of the Administration and the User are recorded in electronic journals in the information systems of the Administration.
13.9 The User has the right to receive from the Administration a signed copy of the electronic document on paper, which displays information about the signing of the electronic document with simple electronic signatures of the User and the Administration, the Administration stamp “copy is correct” and the Administration's own signature.
13.10 When transferring information in the form of electronic files, the Checksum value can be used to confirm their authenticity (invariability).
13.11 For the purposes of this Agreement, information in electronic form sent by one party from its email address to the email address of the other party is considered signed by a simple electronic signature in the form of an email address (login), which is contained in the electronic message itself, a simple electronic signature key ( pair login and password) is applied in accordance with the rules established by the operator of the email service, and the email contains information indicating the party on whose behalf the email is sent. An electronic document is considered signed by a simple electronic signature if it is established that the delivery of an electronic message from the email address of the sending Party is established.
13.12 For the purposes of this Agreement, information in electronic form sent by one party to the other party using the messenger is considered signed by a simple electronic signature in the form of a User identifier in the messenger, which is contained in the email itself, the key of a simple electronic signature (a pair of login and password) is applied in accordance with the rules set by the operator of the messenger, and the e-mail contains information indicating the party on whose behalf the e-mail was sent. An electronic document is considered signed with a simple electronic signature if the fact of delivery of an electronic message in the messenger from the identifier of the sending Party is established.
13.13 For the purposes of this Agreement, information in electronic form sent by one party to the other using the Personal Account is considered signed by a simple electronic signature in the form of a User identifier in the Personal Account (login), which is contained in the email itself, a simple electronic signature key (a pair of login and password) is applied in accordance with the rules established by the Administration in this Agreement, and the e-mail contains information indicating the party on whose behalf the e-mail was sent. An electronic document is considered signed by a simple electronic signature if the fact of delivery of an electronic message from the Personal Account of the sending Party is established.
13.14 For the purposes of this Agreement, information in electronic form sent by one party to the other party using an SMS message is considered signed by a simple electronic signature in the form of the User's mobile phone number specified during registration, which is contained in the electronic message itself, a simple electronic signature key (unique code from an SMS message) is applied in accordance with the rules established by the operator of the mobile communication system, using which the creation and (or) sending of an electronic document is carried out, and the electronic message contains information indicating the party on whose behalf the electronic message was sent. An electronic document is considered signed by a simple electronic signature if the facts of sending an SMS message with a unique code to the User's mobile phone number and using a unique code by the User by entering it into a special field of the Service for signing an electronic document are established.
13.15 Information in electronic form, signed by a simple electronic signature of the sending party, is recognized by the parties as an electronic document equivalent to a paper document signed by the handwritten signature of the corresponding party.
13.16 Each of the parties undertakes to maintain the confidentiality of the key of a simple electronic signature in the form of a login and password from the information system of the operator of e-mail services, messengers, and Personal Accounts. In case of unauthorized access to the specified login and password, their loss, or disclosure to third parties, the party is obliged to immediately inform the other party about this and take measures to restore access and/or change the login and password.
13.17 The electronic protection measures taken by the Administration do not guarantee absolute protection of information from damage or interception, as well as from other possible negative consequences. The user acknowledges and agrees that there are risks associated with the transfer of information in electronic form, including the risk of unauthorized use by third parties of personal data used for data verification and User Authorization, violation of the confidentiality of the simple electronic signature key, and its use by third parties.
13.18 The use of a simple electronic signature for signing primary accounting documents in electronic form is allowed until the adoption of the corresponding federal accounting standard, which will establish the types of electronic signatures used to sign accounting documents. In case the relevant accounting standard prohibits the use of a simple electronic signature for signing primary accounting documents in electronic form, this section of the Agreement shall terminate without termination of the Agreement as a whole.
14. ADDITIONAL PROVISIONS
14.1 Documents, notifications and messages under this Agreement may be sent in the form of a paper document or electronic document in accordance with the agreement between the participants of the electronic interaction given in the section "Agreement between the participants of electronic interaction" of this Agreement. In particular, by sending an e-mail to the corresponding e-mail address, by sending a message via a messenger, or by exchanging messages via the Service.
14.2 Any message shall have legal force only if it is sent by one of the Parties to the other Party through the Personal Account and (or) to the postal or e-mail addresses specified in the Agreement, in the User's Personal Account, upon the User's personal request to the Administration with the presentation of an identity card or through the indicated messengers or phone numbers (SMS-message).
14.3 Any message can be delivered in person or sent by registered mail and will be deemed received:
14.4 The current version of this Agreement can be found on the Internet at: https://mythic-store.com/en/agreement.
14.5 The Administration reserves the right to unilaterally and without prior notice to users change the terms of the Agreement by posting the final version of the Agreement on the website at the above address 10 (ten) days before the changes enter into force. The provisions of the new version of the Agreement become binding on all previously registered Users of the Service from the date of its entry into force.
14.6 The User confirms having read all the provisions of the Agreement, understanding, and accepting them.
14.7 In its meaning and content, this Agreement is a mixed agreement containing elements of an agreement providing a simple (non-exclusive) license to use the Service as software, concluded in a simplified manner by joining the Agreement as a whole, as well as the agreement between the participants of electronic interaction concluded also by joining the Agreement as a whole in accordance withapplicable requirements of Party’s national legislation. .
OFFER FOR THE PROVISION OF CONSULTING SERVICES
Mythic-Store (hereinafter referred to as the Contractor) by publishing or sending this offer invites each individual who has expressed consent to the conditions set forth in this offer in the manner specified in it (hereinafter referred to as the Customer) to conclude an agreement on the provision of consulting services on the terms set forth below (hereinafter referred to as the Agreement).
The Agreement is concluded in a summary procedure by accepting this offer through a transfer of payment for the consulting services ordered under this Agreement from the Customer to the Contractor.
1. DEFINITIONS
1.1. The Parties have agreed that the following terms and definitions for the purposes of this Agreement will have the following meanings:
''Customer'' is a natural person who has passed the Registration on the Service and has expressed agreement with the conditions set forth in this offer in the manner specified in it.
''Contractor'' is Mythic-Store.
''Services'' are consulting services for assisting in obtaining game benefits, performing various game tasks, missions, achieving game progress, developing a game character and other improvements to the game process of computer games specified by the Customer, the provision of which is entrusted to the Contractor in accordance with this Agreement.
''Service'', ''Website'' is a software called «Mythic Store» intended for ordering and rendering the services of the Contractor, familiarization with information about the services and about the Contractor, access to which the Contractor temporarily provides to the Customer at the address https://mythic-store.com/.
''User agreement'' a legal document, agreement (contract) governing the relationship between the Customer and the Client on the use of the Service, posted at https://mythic-store.com/agreement.
“Applicable legislation” is the legislation of the country where the Contractor is registered or resides. In some cases, the applicable legislation may refer to the legislation of the country where the Client resides if such legislation establishes the precedence of its rules over this Agreement.
''Messenger'' is an information system and/or computer program (mobile application, web service, web application, etc.) that is designed and/or used to receive, transmit, deliver, and/or process electronic messages on the Internet (e.g. Skype, WhatsApp, Viber, etc.).
''Cloud data storage'' is an information system and/or computer program (mobile application, web service, web application, etc.), which are designed to provide the ability to store electronic files on a remote server of the person (provider) providing cloud storage services (for example, Yandex.Disk, Google Drive, Dropbox, Onedrive, Box.net, etc.).
''Collaborative software'' is an information system and/or computer program (mobile application, web service, web application, etc.) that are designed to organize users' collaboration on a task (for example, YouTrack, Jira, Slack, GanttPro, Figma, Zeplin, CRM systems - Bitrix24, amoCRM, etc.).
''Checksum'', ''Hash sum'' is a certain value (sequence of characters) calculated from a data set by applying a specific algorithm, used within this Agreement to verify the integrity (authenticity) of electronic files during their transfer or storage. For the purposes of this Agreement, the calculation and verification of Checksums are performed by applying the algorithms MD5 and SHA256, including the software certfile.exe (for Windows) or md5sum and sha256sum (for Linux).
1.2. All other terms and definitions that appear in the Agreement are interpreted by the Parties in accordance with Applicable legislation, current recommendations (RFC) of international bodies for standardization on the Internet, and using the usual rules for the interpretation of relevant terms that have developed on the Internet.
1.3. Terms and definitions used in this Agreement can be used both in the singular and in the plural, depending on the context, the terms can be spelled both in uppercase and lowercase letters.
1.4. The names of the headings (articles), as well as the design of the Agreement, are intended only for the convenience of using the text of the Agreement and have no literal legal value.
2. SUBJECT OF THE AGREEMENT, TERM FOR RENDERING SERVICES
2.1. Under this Agreement, the Customer orders, and the Contractor undertakes to provide the Customer with consulting services, and the Customer in return undertakes to accept and pay for them.
2.2. As part of the services provided, the Contractor undertakes to perform the following actions for the Customer:
2.2.1. consultations on obtaining gaming benefits;
2.2.2. consultations on the performance of various game tasks, missions;
2.2.3. consultations on achieving game progress;
2.2.4. consultations on the development of the game character;
2.2.5. consultations on other improvements to the game process;
2.2.6. other actions as agreed with the Customer.
2.3. Services under this Agreement are provided by the Contractor via the Internet using information technology.
2.4. Services under this Agreement, unless otherwise additionally agreed by the Parties, shall be provided by the Contractor within the period specified in the description of the service on the Contractor's website at https://mythic-store.com/.
2.5. Requests and approvals of the Parties can be sent to each other in the order of agreement between the participants of electronic interaction.
2.6. Within the framework of this Agreement, the Parties have agreed to understand the quality of services as the compliance of services with the requirements usually imposed on services of the corresponding type
2.7. The Parties undertake to hold joint discussions of all issues related to the provision of services by the Contractor under this Agreement. In case no consensus is reached during the discussions, the Parties will consider the decision taken by the Customer unilaterally as final and binding.
2.8. When providing services, the Contractor has the right to involve third parties (co-contractors, sub-contractors) without the consent of the Customer. At the same time, if such third parties are involved in the provision of services, the Contractor is responsible for their actions and the results of the services, as for their own.
2.9. In the process of rendering services, the Contractor is guided by this Agreement, however, if the Contractor has questions about the requirements for services or reveals inaccuracies and ambiguities in them, he/she requests the necessary clarifications from the Customer with the suspension of the provision of services for the period of time it takes to receive clarifications.
2.10. As a general rule, drawing up an act on the provision of services under this Agreement is not required and the services are considered accepted if, after 5 (five) working days from the end of the month in which the services were provided (hereinafter referred to as the reporting month), no comments have been received from the Customer to the Contractor and (or) claims related to the services provided in such month.
3. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
3.1. The Contractor is obliged to provide services in accordance with the requirements of this Agreement and the instructions of the Customer in good faith, with high quality, and on time. At the same time, the Contractor is obliged to follow any instructions of the Customer regarding the provision of services, including those that run counter to the requirements of the Agreement, informing the Customer, if necessary, about the possible adverse consequences of the execution of such instructions.
3.2. The Contractor is obliged, in the event of any questions regarding the instructions of the Customer or revealing inaccuracies and ambiguities in them, to request the necessary clarifications from the Customer with the suspension of the provision of services. The Contractor is not entitled to make independent decisions on controversial issues, clarifications on which have not been provided by the Customer.
3.3. The Contractor is obliged to explain to the Customer the procedure and the meaning of the actions taken by the Contractor in order to fulfill obligations under this Agreement.
3.4. The Contractor is obliged, when executing this Agreement, to act in the interests of the Customer, be guided by the principle of expediency of certain actions and, in the absence of other instructions, consider the goal of minimizing the Customer's expenses when executing the Agreement.
3.5. The Contractor is obliged, when executing this Agreement, to use computer programs and databases, access to which is provided to the Contractor by the Customer, incl. computer games. The use of other software tools for the execution of this Agreement is allowed only by agreement with the Customer.
3.6. The Contractor is obliged, at the request of the Customer, to submit to the latter reports on the progress of the provision of services under this Agreement in free form orally, by telephone, in person, or by other means, no more than once per reporting month.
3.7. The Contractor has the right to demand from the Customer the provision of documents, information, information necessary for the proper execution of this Agreement, including information constituting a commercial secret or other confidential information.
3.8. The Contractor has the right to request electronic copies of documents to confirm the legal and legal capacity of the Customer, including those certified by the Customer's electronic signature. The request is sent by e-mail to the contact address of the Customer specified by him in this Agreement.
4. RIGHTS AND OBLIGATIONS OF THE CLIENT
4.1. The Customer is obliged to provide the Contractor with documents, information, data necessary for the proper execution of this Agreement, including information constituting a commercial secret or other confidential information. At the same time, in the case of providing information containing the results of the intellectual activity of third parties, the Customer guarantees the availability of permissions from the copyright holders or contracts drawn up in accordance with the procedure established by law for the use of such results in the provision of services.
4.2. The Customer is obliged, upon the request of the Contractor, to provide electronic copies of documents to confirm his legal capacity including those certified by the electronic signature of an authorized person.
4.3. The Customer is obliged, at the request of the Contractor, to provide him with access to computer programs and databases operating on the Internet, including computer games, under the terms of a simple (non-exclusive) license in order to fulfill obligations under this Agreement, or on other conditions permissible by the copyright holder.
4.4. The Customer is obliged to mark information related to trade secrets and know-how and transmitted in the process of rendering services to the Contractor through any communication channels by affixing the stamp "Commercial secret" or "Confidential": on paper documents in the form of a stamp, on electronic documents - inscriptions in the headers and footers of the first screen sheet, in electronic messages - in the message text, on other electronic files - in service information, metadata determined in accordance with the specification of a specific file format or file system.
4.5. The Customer is obliged not to create conditions that may complicate the fulfillment of obligations under this Agreement by the Contractor (including not to carry out actions related to the possible transition to work for the Customer of the Contractor's personnel directly involved in the execution of the Contractor's obligations under this Agreement).
4.6. The Customer has the right to monitor the process of rendering services by the Contractor, without interfering with the activities of the Contractor.
4.7. The Customer has the right to require the Contractor to submit a report on the progress of the provision of services in free form no more than once per reporting month.
5. THE COST OF SERVICES AND REMUNERATION
5.1. The cost of services under this Agreement is determined according to the price list published on the Contractor's website at https://mythic-store.com/. The cost of services includes compensation for the costs of the Contractor, the remuneration, as well as all applicable taxes and fees. The cost of services is not subject to VAT due to the application of the simplified tax system by the Contractor.
5.2. The prices of this Agreement are in EU euro (EUR). The currency for the remuneration is the euro (EUR).
5.3. Services under this Agreement are paid by the Customer in an advance payment at the time of ordering services using the Service. If the Customer has counter obligations to pay under other agreements concluded with the Contractor, payment for services under this Agreement is possible by deducting the amounts due to the Customer under other contracts by the Contractor without any additional notice to the Customer.
5.4. If it is impossible to execute the Agreement due to the fault of the Customer, the services are to be paid in full.
5.5. When the funds are credited to the Contractor's account the Customer's obligation to pay under this Agreement is fulfilled.
5.6. The Customer has the right to entrust to perform payments under the obligations to another person. Unless otherwise agreed upon additionally, the person making payment for the Customer is the person authorized by the Customer.
5.7. The parties agreed to not collect interest from each other on monetary obligations provided that is allowed by the Applicable legislation.
5.8. The cost of services can be full refunded only if the Customer made the request for a refund, when the Contractor has not yet started providing the Service. In cases of receiving the Customer's request for a refund, when the Service was partially provided by the Contractor, the percentage of the cost of services depends on the percentage of completion of the Services. The percentage of completion of the Services is determined by the Contractor unilaterally..
6. WARRANTIES AND REPRESENTATIONS
6.1. The Parties guarantee to each other that the conclusion of this Agreement does not require approval, agreement, or compliance with any other special procedure for making transactions in accordance with the requirements of the Applicable legislation, since this Agreement is not beyond the Parties' normal business activities.
6.2. The Parties guarantee to each other that they have the necessary legal capacity to carry out their activities, conclude and execute this Agreement, the license (permit, registration) required to carry out the main type of activity has not been revoked (canceled), the license (permit, registration) has not expired, or the main type of activity carried out by the Contractor is not subject to licensing (permission, registration).
6.3. All information and documents provided by the Parties to each other in connection with the conclusion of this Agreement are authentic. The Parties did not hide from each other the circumstances that, if discovered, could negatively affect the decision of each of the Parties regarding the conclusion of this Agreement.
6.4. The conclusion of this Agreement does not violate any rights and obligations of the Parties to third parties or government bodies.
6.5. Neither Party participates in or is in any way connected with any transaction or other obligation under which it is in a situation of failure to fulfill, or is obliged to fulfill its obligations ahead of schedule, or participation in which may negatively affect the ability of the Party to fulfill its obligations under this Agreement, such obligations of which the other Party was not informed.
7. CONFIDENTIALITY
7.1. The Parties undertake to maintain the confidentiality of all information transmitted to each other both through secure and unprotected communication channels, regardless of the presence or absence of markings indicating the status of confidentiality of the transmitted information, except when such disclosure occurred for reasons beyond the control of the Parties, as well as except as provided by current legislation.
7.2. If necessary, the Parties may provide each other with access to their information systems and local information and telecommunication networks on the condition of maintaining the confidentiality of the information contained therein. In particular, the Parties may provide access to running copies of computer games, provided that information about the game character (nicknames, parameters, etc.) is not transferred to third parties, except for the Contractor's subcontractors, and is not used for commercial purposes and is not disclosed where- or, in addition to the internal playing space of a computer game.
7.3. The disclosure of confidential information within this Agreement means the action or inaction of one of the Parties to the Agreement, as a result of which confidential information becomes known to third parties without the consent of its owner. In this case, the form of disclosure of confidential information to third parties (oral, written, using technical means, etc.) does not matter.
7.4. Disclosure of confidential information at the legal request of law enforcement and other authorized state bodies and officials is not considered a violation of confidentiality if it's disclosed in cases and in the manner prescribed by applicable law, as well as publicly, verbally, or in writing indicating that one Party is a counterparty to the other Party.
7.5. In case confidential information is disclosed to such authorities and/or persons, the disclosing Party shall in writing notify the owner of the confidential information about the fact of the disclosure, its contents, and the authority to which they were disclosed, no later than 2 (two) business days from the date of disclosure.
7.6. Confidentiality obligations are valid for an unlimited period regardless of the validity or termination of this Agreement.
7.7. If a Party discloses confidential information received from the other Party, the responsible Party that committed such a violation undertakes to compensate all losses caused by this including lost profits within 5 (five) days after receiving a corresponding written request from the other Party, as well as to pay a fine in the amount of 100 (ten hundred) euro for each fact of disclosure, regardless of the significance of the consequences of disclosing such confidential information and the amount of damages caused.
8. TERM AND TERMINATION OF THE AGREEMENT
8.1. This Agreement is concluded between the Parties for a period until the obligations of the Parties have been fulfilled.
8.2. The Parties have the right to terminate this Agreement anticipatorily and in other cases established by the current Applicable legislation.
9. LIABILITY OF THE PARTIES
9.1. In case the Contractor violates the requirement for the quality of services, the Customer has the right to demand a free elimination of the violations or termination of this Agreement and the return of the amount paid under it.
9.2. The Parties shall be liable for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with the current Applicable legislation.
9.3. The Contractor is not liable for the consequences caused by the Customer providing documents that do not correspond to reality.
9.4. The Contractor is not responsible for the consequences associated with the practical application of information and the implementation of actions with computer games based on the results of consulting services, incl. possible contradiction of such actions with the terms of use of computer games, user agreements and other legal documents governing the use of computer games, possible blocking of the Customer's account, cancellation of virtual items received by the Customer, achievements and other improvements to the game process.
9.5. The Parties are not liable for non-fulfillment or improper fulfillment of obligations under the Agreement in the event of force majeure obstacles, which are understood as natural disasters, riots, prohibitive actions of the authorities and other force majeure circumstances.
10. FORCE MAJEURE CIRCUMSTANCES
10.1. A Party shall not be liable for partial or full failure to perform obligations under this Agreement if it proves that proper performance was impossible due to force majeure circumstances which means extraordinary, unforeseen, and unavoidable circumstances arising during the execution of this Agreement. Such circumstances could not reasonably be expected in the event of the conclusion of this Agreement in order to avoid or overcome them, as well as they are beyond the control of the Parties to this Agreement.
10.2. Force majeure circumstances include military operations (declared or actual war), civil unrest, mass diseases (epidemics, pandemics, etc.), strikes, blockades, natural disasters (earthquakes, floods, hurricanes, etc.), fire, terrorist acts, sabotage, traffic restrictions, prohibitive measures by states, the prohibition of trade operations, including with individual countries, due to the adoption of international sanctions, as well as disconnection of data centers located in the country of the Parties’ location from the global Internet and blocking of servers or connections by supervisory authorities.
10.3. Force majeure circumstances do not include, in particular, entrepreneurial risks, such as violation of obligations by the obligor’s counterparties, lack of products necessary for the fulfillment of obligations on the market, lack of necessary funds from the obligor, as well as financial and economic crisis, change in the exchange rate, devaluation of the national currency, or criminal acts of unidentified persons.
10.4. In the event of force majeure circumstances specified in this chapter, each Party shall immediately notify the other Party in writing. The notice should contain data on the nature of the circumstances, as well as official documents proving the existence of these circumstances and, if possible, giving an assessment of their impact on the ability of the Party to fulfill its obligations under this Agreement.
10.5. If a Party fails to send or does not timely send the notice provided for in this Chapter, then it is obliged to compensate the other Party for the losses incurred by it.
10.6. In the event of force majeure circumstances provided for by this chapter, the date for fulfillment by the Party of its obligations under this Agreement shall be postponed taking into consideration the time during which these circumstances and their consequences are in effect if such a change in the terms is possible and/or appropriate.
10.7. In case a change in the timing of fulfillment by a Party of obligations under this Agreement is impossible and/or appropriate or force majeure circumstances and their consequences continue to be valid for more than 2 (two) months, the Party shall have the right to refuse to execute this Agreement because of the impossibility of fulfilling obligations from the Agreement due to force majeure circumstances if additional negotiations to find acceptable alternative ways of implementing this Agreement did not give a positive result. The initiating Party shall notify the other Party of the refusal to fulfill the obligations of the Agreement within a reasonable time.
10.8. If the Party refuses to execute this Agreement with reference to the impossibility of its execution due to the occurrence of force majeure circumstances, the Contractor within 30 (thirty) calendar days is obliged to return the amount paid by him under this Agreement to the Customer, but minus the justified costs incurred by the Contractor in connection with the execution or preparation for the execution of this Agreement, the amount of which may not be less than 10 (ten) percent of the amount of the Agreement.
11. PROCEDURES FOR DISPUTE RESOLUTION AND SATISFACTION OF CLAIMS
11.1. All disputes and claims are governed by the provisions of this Agreement, and in case they are not resolved, they are regulated through the procedure established by applicable law.
11.2. Any questions, comments, and other correspondence should be sent by the Parties to each other by electronic messages to the appropriate email address.
11.3. Claims arising out of and in connection to this Agreement are sent by the Parties to each other by electronic messages to the corresponding email address. The Party that received the claim undertakes to consider this claim within 10 (ten) working days, if necessary, by sending a letter stating its standpoint to the email address indicated in the claim. In case it's not possible to identify the Sender (Party) by the provided data (including anonymous claims), the claim is not to be considered. If it is impossible to resolve the claim through negotiations, the dispute is resolved in court in accordance with this Agreement and current legislation.
11.4. The Parties agree that if it is impossible to resolve disputes arising out of and in connection to this Agreement through negotiations, such disputes shall be resolved by the parties in court in accordance with applicable jurisdiction.
12. AGREEMENT BETWEEN THE PARTICIPANTS OF ELECTRONIC INTERACTION
12.1. The rules given in this section are an agreement between the Parties to this Agreement, as between the participants (parties) of electronic interaction in the manner-specified by the Applicable legislation requirements establishing cases of recognition of electronic documents (including primary accounting documents) signed with a simple electronic signature, equivalent to paper documents signed with a handwritten signature.
12.2. Information in electronic form, in the form of an electronic document, or an electronic message sent by one of the Parties to the other Party is valid only if it is either sent to the corresponding e-mail address of the receiving Party from the e-mail address of the sending Party specified in this Agreement, either it is directed to the other Party through the collaborative software, or it is directed to the other Party using the messenger.
12.3. When transferring information in the form of electronic files, the checksum value (hash sum) can be used to confirm their authenticity (invariability).
12.4. For the purposes of this Agreement, information in electronic form sent by one Party from its e-mail address to the e-mail address of the other Party is considered signed by a simple electronic signature in the form of an e-mail address (login), which is contained in the e-mail itself, a simple electronic signature key (pair username and password) is applied in accordance with the rules established by the operator of e-mail services and in the e-mail contains information indicating the Party on whose behalf the e-mail was sent.
12.5. For the purposes of this Agreement, information in electronic form sent by one Party to the other Party using the messenger is considered signed by a simple electronic signature in the form of the identifier of the sending Party in the messenger, which is contained in the email itself, the key of a simple electronic signature (a pair of login and password) is applied in accordance with with the rules established by the operator of the messenger and the e-mail contains information indicating the Party on whose behalf the e-mail was sent.
12.6. For the purposes of this Agreement, information in electronic form sent by one Party to the other Party using the collaborative software is considered to be signed by a simple electronic signature in the form of the identifier of the sending Party in the collaboration software (login), which is contained in the email message itself, the key is simple electronic signature (a pair of login and password) is applied in accordance with the rules established by the operator (owner) of the software for collaboration and the email contains information indicating the Party on whose behalf the email was sent.
12.7. Information in electronic form signed by a simple electronic signature of the sending Party is recognized by the Parties as an electronic document equivalent to a paper document signed by the handwritten signature of the relevant Party. All documents, notifications, and messages sent by the Parties to each other in the manner of this section are recognized as official correspondence under this Agreement, and have the force of a legally significant written document. Messages originating from the corresponding email address, messenger ID or phone number, and from the collaboration software account are considered to be messages originating from the relevant Party to this Agreement. Scanned images of documents signed by the Parties (contracts, additional agreements, annexes, acts, notifications, claims, and other documents) are equivalent to paper documents with personal signatures of the Parties.
12.8. Each of the Parties undertakes to maintain the confidentiality of the key of a simple electronic signature in the form of a login and password from the information system of the operator of e-mail services, messenger, software for collaboration. In case of unauthorized access to the specified login and password, their loss, or disclosure to third parties, the Party is obliged to immediately inform the other Party about this and take measures to restore access and/or change the login and password.
12.9. Instead of using a simple electronic signature to sign electronic documents, the Parties have the right to use an enhanced qualified electronic signature in accordance with theApplicable legislation. The parties acknowledge the legal significance of documents signed with a strengthened qualified electronic signature, sent both in the manner of this section and through electronic document management systems (for example, Kontur.Diadok, Tenzor SBIS, etc.).
12.10. This Agreement, applications for the provision of services, acts, notifications, claims, other documents, and electronic messages sent by the Parties to each other may contain links to information resources on the Internet (websites, website pages, etc.). The Party is obliged to inform the other Party about the impossibility to follow the link received from it, the occurrence of an error, the lack of necessary information or its inconsistency with the previously agreed information when clicking on the received link within 3 (three) days from the receipt of the link, otherwise, the Party that sent link, has the right to believe that the other Party has gained access to the information provided by the Party that sent the link after clicking on such a link and has no objection to this fact.
13. FINAL PROVISIONS
13.1. Documents, notifications, and messages under this Agreement, including those related to its change or termination, can be sent either in writing in the form of a paper document or electronic document in accordance with an agreement between the participants of electronic interaction. In particular, by sending an e-mail to an appropriate e-mail address, by sending an e-mail via a messenger, or by exchanging messages via collaboration software.
13.2. Any document, notice, or written message in the form of a paper document sent by one of the Parties to the other Party shall have legal force only if it is sent to the address specified in this Agreement or in the User’s request. A document, notice, or message can be delivered in person or sent by registered mail and will be deemed received
* – on the date of delivery upon delivery in person;
* – on the date indicated in the receipt confirming the delivery of the corresponding post by the communication organization if sent by registered mail.
13.3. The current version of this Agreement can be found on the Internet on the Service's website at https://mythic-store.com/agreement.
13.4. The Contractor reserves the right to unilaterally and without prior notice to the Customer change the terms of the Agreement while posting the final version of the Agreement at the above address 10 (ten) days prior to the entry into force of the changes. The provisions of the new edition of the Agreement become binding on all previously registered users of the Service from the date of its entry into force.
PRIVACY POLICY
This policy has been drawn up in accordance the Applicable legislation and the Regulation of the European Parliament and the Council (EU) No. 2016/679 "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 (General Data Protection Regulation) dated April 27, 2016, as well as the California Consumer Privacy Act of 2018 (CCPA) which define the policy of Mythic-Store (hereinafter referred to as the Operator) regarding the processing of personal data and contains information about the requirements for the protection of personal data implemented by the Operator. This policy applies to all personal data processed through the Service which the Operator receives or can receive from the User. This policy is an integral part of the Operator's internal document which defines the general policy of the Operator regarding the processing of personal data and discloses general information about the requirements for the protection of personal data implemented by the Operator.
1. Gerneral Terms
1.1 The following terms and definitions for the purposes of this policy have the following meanings:
''Personal data'' is any information relating to a directly or indirectly identified or identifiable natural person ("personal data subject"); an identifiable natural person is a person who can be identified directly or indirectly, in particular, by reference to an identifier such as first name, last name, patronymic (if any), identification number, individual taxpayer number, SNILS (personal insurance policy number), bank details, year, month, date and place of birth, address, e-mail address, phone number, family, social, property status, education, profession, income, metadata that are transmitted to the Operator in the process of using the Service using the software installed on the User's device (including data location, HTTP headers, IP address, cookie data, information about the User's browser, technical characteristics of equipment and software used by the User, date and time of access to the Service, addresses of the requested pages of the Service and other similar information), one or several physical, physiological cultural, genetic, spiritual, economic, cultural factors or by referring to factors of social identity. For the purposes of this policy, personal data also includes information about the User, the processing of which is provided for by the Agreement governing the use of the Service. The operator collects only such personal data that is necessary for the execution of the Agreement.
''GDPR'' is the Regulation of the European Parliament and the Council (EU) No. 2016/679 "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'' (General Data Protection Regulation) dated April 27, 2016.
''CCPA'' is California Consumer Privacy Act of 2018.
“Applicable legislation” is the legislation of the country where the Contractor is registered or resides. In some cases, the applicable legislation may refer to the legislation of the country where the Client resides if such legislation establishes the precedence of its rules over this Agreement.
''Operator'', ''Controller'' is Mythic-Store processing personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data. The Operator is the Controller within the meaning of the GDPR.
''User'' is any natural person with full capacity to act (sui juris) (subject of personal data) including acting on behalf of and in the interests of a legal entity who may in the process of using the Service provide the Operator with the personal data, either independently or through a legal entity represented by him/her that has expressed consent with the terms and conditions set forth in the Agreement by signing it including electronically. In the context of this policy, the User also means persons whose personal data is processed by the Operator on behalf of the User contained in the Agreement. For minors under the age of 16, the Operator processes personal data solely based on the prior consent of the parents.
''Service'', ''Personal Data Information System'' is a software called “Mythic Store” intended for ordering and providing services to the Administration, familiarization with information about the services and about the Administration, access to which the Administration temporarily provides to the User at https://mythic-store.com/. It is a complex object the creation of which was organized by the Administration. Includes databases, program codes, know-how, algorithms, design elements, fonts, logos, as well as text, graphic and other materials, information, texts, graphic elements, images, photos, audio and video materials and other results of intellectual activity. The exclusive rights to the Service and any of its components belong to the Administration as the copyright holder or licensee based on the law, agreement, or other transaction.
''Аgreement'' is a license agreement/contract, transaction, user agreement, or other agreement between the User and the Operator, governing the use of the Service and containing the User's order to the Operator to process personal data.
''Processing of personal data'', ''Personal data processing'' are actions (operations) with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction.
''Processor'' is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of and at request of the Controller.
''Recipient'' is a natural or legal person, government agency, authority, or other body to which personal data is disclosed, regardless of whether they are third parties or not. However, public authorities that may receive personal data as part of a specific investigation in accordance with EU law or the law of a member state are not considered recipients; the processing of such data by such public authorities must comply with the applicable data protection regulations depending on the purposes of the processing.
''Third party'' is a natural or legal person, government body, agency, or other body other than the data subject, controller, processor, as well as persons authorized to process personal data under the direct supervision of the controller or processor.
''Automated processing of personal data'' is the processing of personal data using computer technology.
''Non-automated processing of personal data'', ''Processing of personal data without the use of automation'' is the processing of personal data contained in the personal data information system or extracted from such a system in cases when such actions are with personal data as the use, refinement, dissemination, destruction of personal data in relation to each of the personal data subjects is performed with the direct participation of a person.
''Distribution of personal data'' are actions aimed at the disclosure of personal data to an indefinite circle of persons.
''Provision of personal data'' are actions aimed at transferring personal data to a specific person or a specific circle of persons.
''Blocking of personal data'' is a temporary termination of the processing of personal data (unless the processing is necessary to clarify personal data).
''Destruction of personal data'' are actions as a result of which it is impossible to restore the content of personal data in the personal data information system and (or) as a result of which material carriers of personal data are destroyed.
''Anonymization of personal data'' are actions as a result of which it is impossible to determine whether personal data belongs to a specific owner without using additional information. Within the meanings of the GDPR it's called “pseudonymisation”.
''Use of personal data'' are actions (operations) with personal data committed for the purpose of making decisions, transactions, or other actions that give rise to legal consequences related to the subjects of personal data or otherwise affect their rights and freedoms or the rights and freedoms of other persons.
''Sale of personal data'' are actions as a result of which information and databases with personal data of persons are transferred from the operator to third parties by completing a transaction.
''Publicly available personal data'' is personal data access to an unlimited circle of persons to which is granted with the consent of the subject or to which, in accordance with federal laws, the requirement of confidentiality does not apply.
''Confidentiality of personal data'' is a requirement upon a person who has access to personal data not to allow its distribution without the consent of the subject or other legal basis.
''Statistics'' is information about the use of the Service, as well as the viewing by the Users of individual elements of the Service (web pages, frames, content, etc.), collected using Counters, cookies, beacons, and other similar technologies.
''Cookies'', ''cookie'' is a small piece of data sent by the web server and stored on the User's device. Cookies contain small pieces of text and are used to store information about how browsers work. They allow you to store and receive identification information and other information on computers, smartphones, phones, and other devices. Cookie specifications are described in RFC 2109 and RFC 2965. Other technologies are used for the same purposes, including data stored by browsers or devices, identifiers associated with devices, and other software. In this policy, all of these technologies are referred to as "cookies".
''Web beacons'' are images in electronic form (single-pixel (1x1) or empty GIF images). Web beacons can help the Operator recognize certain types of information on the User’s device, for example, cookies, the time and date of viewing the page, and the description of the page where the web beacon is located.
''Counter'' is part of the Service, a computer program that uses a piece of code that is responsible for analyzing cookies, collecting statistical and personal data of Users. Personal data is collected in anonymized form.
''IP-address'' is a number from the numbering resource of a data network built based on the IP protocol (RFC 791) which uniquely identifies a terminal (computer, smartphone, tablet, other device) when providing telematic communication services, including Internet access, other device or means of communication included in the information system and owned by the User.
''HTTP header'' is a row in the HTTP message that contains a colon-separated name-value pair. The HTTP header format follows the common ARPA network text message header format described in RFC 822.
''Token'' is a unique set of characters that identifies the User in accounts of third-party web services. The token allows an authorized connection to the Service using authorization through third-party web services (for example, Microsoft Authenticator, Google Authorization, social networks, Google Play, Apple AppStore etc.).
1.2 All other terms and definitions found in the text of this policy are interpreted by the Parties in accordance with applicable law, current recommendations (RFC) of international standardization bodies on the Internet, and the usual rules for the interpretation of relevant terms on the Internet.
1.3 Terms and definitions used in this Agreement can be used both in the singular and in the plural, depending on the context, the terms can be spelled both in uppercase and lowercase letters.
1.4 The names of the headings (articles), as well as the design of this document, are intended only for the convenience of using the text of the Agreement and have no literal legal value.
1.5 This policy has been developed in accordance withthe Applicable legislation of the Operator regarding the processing of personal data. This policy also takes into account the mandatory requirements of the Regulation of the European Parliament and of the Council (EU) of April 27, 2016 No. 2016/679 " 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 (General Data Protection Regulation)” (GDPR) for Users located in the European Union, as well as the California Consumer Privacy Act (CCRA) for users located in California, USA.
1.6 This policy defines the procedure and conditions for the processing of personal data by the Operator, including the procedure for transferring personal data to third parties, the features of manual processing of personal data, the procedure for accessing personal data, the system for protecting personal data, the procedure for organizing internal control and liability for violations in the processing of personal data, and also other issues.
1.7 This policy takes effect from the moment it is approved by the Operator and is valid indefinitely until it is replaced with a new policy.
1.8 The Operator has the right to make changes to this policy without the consent of the User. All changes to the policy are made by the regulatory act of the Operator.
1.9 This policy applies to all stages of the processing of personal data performed using the Service without using automation tools. The Operator does not control and is not responsible for websites owned by third parties which the User can access by clicking on the links posted on the Service.
2.1 The User's personal data is processed on the basis and in pursuance of the Agreement governing the use of the Service, and other transactions, agreements, or contracts concluded between the User and the Operator, or based on the User's separate consent to such processing.
2.2 The User's personal data is processed by the Operator only if the User reached the age of 12 (or such greater age required in country of the User’s location to be authorized to use the Services without parental approval). In case the User is under 12 years old, then the obligatory consent of the legal representatives of the User is required, otherwise the Operator upon detecting a discrepancy in age with the required one shall remove the User from the Service.
3.1 The Operator processes only the personal data necessary for using the Service or executing transactions, agreements, and contracts with the User, except for cases when the legal norms of the Applicable legislationthe European Union, or the United States of America provide for the mandatory storage of personal information for a period specified by law.
3.2 When processing personal data, the Operator does not combine databases containing personal data which is to be processed for incompatible purposes.
3.3 The Operator processes the personal data of the User for the following purposes:
4.1. The Operator processes personal data necessary for the execution of the Agreement or another transaction with the User.
4.2. Personal data authorized for processing in accordance with this policy and provided by Users who are physical persons using the Service by filling in the appropriate input fields when using the Service may include the following information:
4.3. Personal data processed in accordance with this policy and automatically transferred to the Operator in the process of using the Service including the software installed on the User's device may include the following information:
4.4. In accordance with this policy, the Operator processes the personal data of persons belonging to the following categories of personal data owners:
5.1. The Operator has the right to process the personal data of the User without notice to the authorized body for the protection of the rights of personal data subjects in accordance with the requirements of the Applicable legislation.5.2. The Operator processes the User's personal data using the personal data information system without using automation tools in accordance with the laws, statutes, codes, rules, regulations, and requirements of the Applicable legislationthat establish requirements for ensuring the security of personal data during its processing and for observing the rights of personal data subjects. Such actions with personal data as the use, refinement, distribution, destruction of personal data of the User are performed with the direct participation of the Operator's employees in accordance with the requirements of the Applicable legislation.
5.3. The Operator processes and stores the User's personal data for a period determined in accordance with the Agreement on the use of the Service, or about which the Operator informed the User upon receipt of the User's consent to the processing of the personal data in another way (in a check-box, an SMS message, in email, etc.).
5.4. Concerning the personal data of the User, its confidentiality is maintained, except for cases when the User voluntarily provides information about himself/herself for general access to an unlimited circle of persons.
5.5. The Operator has the right to transfer the User's personal data to the processor, recipient, third parties in the following cases:
5.6. The Processors can be:
5.7. In the event personal data of a User located in the EU is leaked, the Operator without undue delay and if possible no later than 72 hours after he/she becomes aware of this, notifies the competent supervisory EU authority about the leak of personal data, except in cases when this leak of personal data is unlikely to turn into risks for the rights and freedoms of individuals.
5.8. In case a violation of personal data protection can create a high degree of risk for the rights and freedoms of individuals, the Operator notifies the User about the leakage of personal data without unreasonable delay. A communication to the data subject is not required if any of the following conditions are met: (a) The Operator has taken appropriate technical and organizational protective measures to personal data affected by the leak, including measures that display personal data in an incomprehensible form for any person who does not have the right to access it, including cryptographic protection; (b) the Operator has taken subsequent measures to ensure that the high risk to the rights and freedoms of data subjects is no longer able to get realized; (c) a disproportionate effort is required. In this case, instead, a communication is made to the public or a similar measure is taken by which the data subjects are informed.
5.9. The Operator shall take the necessary organizational and technical measures to protect the User’s personal data from unauthorized or accidental access, destruction, alteration, blocking, copying, distribution, as well as from other unlawful actions of third parties.
5.10. The Operator together with the User takes all necessary measures to prevent losses or other negative consequences caused by the loss or unauthorized disclosure of the User’s personal data.
5.11. The Operator has the right to transfer personal data to the bodies of inquiry and investigation, other authorized bodies on the grounds stipulated by laws, statutes, codes, rules, regulations, and requirements.
5.12. When collecting personal data, the Operator records, systematizes, accumulates, stores, clarifies (updates, changes), extracts personal data of Users in accordance with the requirements of the Applicable legislation or GDPR. 5.13. The Operator stops processing the personal data of the Users (which is processed with their consent) upon expiration of the User's consent to the processing or upon withdrawal of the User's consent to the processing of the personal data, as well as in the event of unlawful processing of personal data or the liquidation of the Operator.
6.1. The right to access the personal data of the User is reserved only to the Operator’s and/or the Processor's employees who are allowed by their work duties to work with the User's personal data based on a list of persons authorized to work with personal data which is approved by the Operator and/or the Processor.
6.2. The list of employees who have access to personal data shall be maintained by the Operator and/or the Processor in an up-to-date state.
6.3. Access to the personal data of the User by third parties who are not employees of the Operator and/or the Processor is prohibited without the consent of the User, except for cases established by laws, statutes, codes, rules, regulations, and requirements.
6.4. The access of the Operator’s and/or the Processor's employee to the personal data of the User ceases from the date of termination of the employment relationship or from the date the employee loses the right to access the personal data of the User in connection with changed job duties, position or other circumstances in accordance with the procedure established by the Operator and/or the Processor. In the event of termination of employment, all media with the User’s personal data that were at the disposal of the dismissed employee of the Operator and/or the Processor are transferred to a higher-ranking employee in the manner established by the Operator and/or the Processor.
7.1. The User may at any time change, update, supplement, or delete the personal data provided to them or part thereof using the Service interface.
7.2. If the Operator independently identifies the fact of incompleteness or inaccuracy of the User’s personal data, the Operator shall take all possible measures to update personal data and make appropriate corrections.
7.3. If it is impossible to update incomplete or inaccurate personal data of the User, the Operator takes measures to delete it.
7.4. If it becomes known that the processing of the User's personal data is unlawful, the processing by the Operator shall stop and the personal data shall be deleted.
7.5. If the Service interface is inoperative or the Service does not have a function for changing, updating, supplementing, or deleting the personal data by the User, as well as in any other cases, the User has the right to demand in writing from the Operator the clarification of his/her personal data, its blocking or destruction if personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the stated processing purpose.
7.6. The Operator makes the necessary changes to the personal data that are incomplete, inaccurate, or irrelevant in a period not exceeding seven business days from the date the User provides information confirming that the personal data is incomplete, inaccurate, or outdated.
7.7. The Operator destroys the User’s personal data illegally obtained or not necessary for the stated processing purpose within a period not exceeding seven business days from the date the User submits information confirming that such personal data is illegally obtained or is not necessary for the stated processing purpose.
7.8. The Operator notifies the User of the changes made and measures taken and takes reasonable measures to notify third parties to whom the personal data of this User was transferred.
7.9. User's rights to change, update, supplement, or delete personal data may be limited in accordance with the requirements of laws, statutes, codes, rules, regulations, and requirements. Such restrictions, in particular, may provide for the Operator's obligation to save personal data changed, updated, supplemented, or deleted by the User for a period specified by laws, statutes, codes, rules, regulations and requirements and to transfer such personal data in accordance with the established procedure to state authorities.
8.1. The User has the right to receive information from the Operator regarding the processing of their personal data, including:
8.2. The Operator provides free of charge the opportunity to familiarize yourself with the personal data processed and stored in the Operator’s information system within thirty calendar days from the date of receipt of a written request from the User.
8.3. In case the Operator refuses to provide information on the availability of personal data about the User or personal data to the User upon his/her request or upon receipt of a request from the User, the Operator shall provide in writing a reasoned response, which is the basis for such a refusal, within a period not exceeding thirty calendar days from the date of receipt of the User's request.
8.4. The operator provides the opportunity to send a request to delete personal data (information about which was received by the User) by sending a request to the email address [email protected].
8.5. If the User sends a request, in accordance with clause 8.4, the Operator shall delete personal data within thirty calendar days from the receipt of such a written request from the User.
9.1. The security of personal data during its processing in the information system is ensured by a personal data protection system that neutralizes current threats defined by the Applicable legislation.
9.2. The personal data protection system used by the Operator includes legal, organizational, technical, and other measures to ensure the security of personal data, defined taking into account current threats to the security of personal data and information technologies used in information systems.
9.3. With regard to personal data (which the User has given consent to being processed by the Processor) the Operator has the right to attract the Processor based on an agreement, ensuring the security of such personal data when being processing in the information system.
9.4. When processing personal data in the information system, the Operator ensures:
9.5. In order to comply with security requirements and implement a personal data security system, the Operator has developed a private model of security threats to the personal data information system.
9.6.
9.7. The Operator drew up an act determining the level of protection of personal data during the processing in the personal data information system.
9.8. The Operator, based on the level of personal data security determined by him when processing it in the personal data information system without using automation, developed and implemented a set of measures to protect and ensure the security of personal data.
9.9.The Operator uses hardware and software for processing and protecting personal data, and also maintains a register of personal data protection means.
9.10. The Operator keeps a journal of accounting and storage of removable storage media containing personal data.
9.11. Technical means ensuring the functioning of the personal data information system are located in premises owned by the Operator based on ownership or other property rights (rent, use, etc.).
9.12. All employees of the Operator authorized to work with personal data, as well as those associated with the operation and maintenance of the personal data information system, are familiar with the requirements of this policy, as well as with the Operator’s internal documents regulating the procedure for working with personal data.
9.13. The Operator has organized the process of training employees in the use of personal data protection equipment managed by the Operator. The training is held by employees with constant access to personal data, and employees associated with the operation and maintenance of the personal data information system and personal data protection facilities.
9.14. The internal documents of the Operator established that employees must immediately inform the appropriate official of the Operator about the loss, damage, or shortage of information carriers containing personal data, as well as about attempts to unauthorized disclosure of personal data, its reasons, and conditions.
10.1. The User decides to provide his/her personal data and agrees to its processing freely, voluntarily, of his/her own free will, and in his/her interest.
10.2. Consent to the processing of personal data provided by the User is specific, informed, and conscious.
10.3. In case the User's personal data is processed on the basis and in pursuance of the Agreement governing the use of the Service, and other transactions, agreements or contracts concluded between the User and the Operator using the Service, such processing of the User's personal data does not require separate consent in accordance with the Applicable legislation or GDPR.
10.4. In case the User's personal data is processed based on a separate consent to such processing, expressed directly when using the Service by clicking on the appropriate button, by ticking the indicator of the corresponding check-box, sending an SMS message or email, such consent to the processing of personal data is provided by the User in the form of an electronic document signed with a simple electronic signature in accordance with the Agreement governing the use of the Service.
10.5. Consent to the processing of personal data may be revoked by the User following the procedure established by laws, statutes, codes, rules, regulations, and requirements.
11.1. If the User starts using the Service it means his/her acceptance of the terms of this policy. If the User disagrees with the terms of this policy, he/she should immediately stop using the Service.
11.2. The Applicable legislationshall apply to this policy and the relationship between the User and the Operator arising out of and in connection to this policy. GDPR shall also apply to Users located in the European Union. CCPA shall apply to Users located in California,USA.
11.3. This policy is always publicly available at the following link: https://mythic-store.com/en/agreement
11.4. The User can send all suggestions or questions regarding this policy to the Operator’s customer support service by sending an electronic message to the following email address: [email protected]. Е-mail address for Users located in the European Union is the following: [email protected].
CONSENT TO PERSONAL DATA PROCESSING
1.1. You (hereinafter referred to as the User) using a computer program or a website (hereinafter referred to as the Service) provided by Mythic-Store (hereinafter referred to as the Administration) in accordance with a license agreement/contract, user agreement, or other agreement regarding its use, as well as ordering and using the Administration's goods/services in pursuance of the requirements of the Federal Law No. 152-FZ "On Personal Data" dated July 27, 2006 (or GDPR or CCPA, if applicable), you give the Administration your consent to the process your personal data listed below during the term of the license agreement/contract, user agreement or other agreement regarding the use of the Service or any other agreement with the Administration for the purpose of providing you with technical or other support when using the Service or purchasing the Administration's goods/services:
1.1.1. surname, name, patronymic/middle name (if a patronymic/middle name is available);
1.1.2. postal address, number of the main identity document, information about the date of issue of the specified document and the issuing authority;
1.1.3. date of birth (year, month, day);
1.1.4. location;
1.1.5. education;
1.1.6. photo;
1.1.7. video image;
1.1.8. audio recording of the voice;
1.1.9. e-mail address;
1.1.10. cell phone number;
1.2. Upon the terms and conditions contained in this consent the Administration is granted the right to perform any actions to the User’s personal data including, but not limited to: collection, systematization, accumulation, storage, clarification (updating, change), use, transfer, depersonalization, blocking, destruction, transfer (including cross-border transfer) of the personal data to the Administration's partners. The list of partners can be found in the Account.The Administration is also granted the right to perform other necessary actions to the personal data in consideration of the applicable law.
1.3. Processing of the User’s personal data is allowed using the following main methods (but not limited to): storage, recording, and storage on electronic media, listing, and labeling.
1.4. It's permitted to process the User’s personal data both using automation facilities and without such facilities in accordance with the applicable law.
1.5. It's permitted to process the User’s personal data using DPM systems (Data Protection Manager) including those belonging to third parties and provided to the Administration based on an appropriate agreement or contract on condition that measures to protect the confidentiality of personal data are taken.
1.6. The User's personal data is processed by the Administration without automation facilities since such actions with personal data as its use, clarification, distribution, and destruction are performed with the direct participation of a person.
1.7. This Consent to the processing of the User’s personal data applies to any transfer of the User’s personal data to the Administration made prior to the present consent.
1.8. This Consent is signed by a simple electronic signature of the User. The use of such a signature is established by the license agreement/contract, user agreement, or other agreement regarding the use of the Service.
1.9. The Consent to personal data processing can be withdrawn by the User. In order to do this, a corresponding request signed by a simple electronic signature of the User shall be sent to the following address: [email protected].
1.10. Withdrawal of the consent to personal data processing (of such personal data as last name, first name, patronymic/middle name, and e-mail address) leads to the User being automatically deprived of the right to use the Service.
1.11. If the User withdraws the consent to the personal data processing, the Administration has the right to continue processing personal data without the consent of the User in cases specified by the Applicable legislation.
1.12. If the User withdraws the consent to personal data processing, the Administration is obliged to stop processing such data or to ensure that such processing is stopped (if the personal data is processed by another person acting on behalf of the Administration) and if the storage of personal data is no longer required for purposes of personal data processing, to destroy personal data or ensure such destruction within a period not exceeding 10 (ten) working days from the date when a request is received.
This Consent is signed by a simple electronic signature as part of the agreement between the participants of electronic interaction concluded between the User and the Administration.