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 BARKKOMMERZ GmbH (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.
1.1 The Parties have agreed that the following terms and definitions for the purposes of this Agreement will have the following meanings:
''Administration'' is BARKKOMMERZ GmbH 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.
''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, Yandex.Metrica 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.
3.3 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. 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
8.3 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. .