Public offer agreement for Buyer
1. General provisions
This Agreement is the official offer (public offer) of the “UAGP GhostProduction”, hereinafter referred to as “Offeror” for an indefinite number of persons (hereinafter referred to as “Acceptor”) who will accept this offer in accordance with the conditions set forth in this agreement.
2. Subject of the agreement
2.1. By this Agreement, the Offeror, who is the agent of the owner, undertakes to sell musical composition owned by the owner, as well as all exclusive and copy rights to the Acceptor in accordance with the terms of this Agreement for purposes not prohibited by applicable law.
2.2. By this Agreement, a musical composition is any audio work (sound recording), including a poem (text of a song) or without this.
2.3. The acceptor accepts the terms of the Agreement and pays for the services of the Offeror in accordance with the terms of this Agreement.
3. Payment clauses
3.1. The cost of services is posted on the Offeror’s website and determined by the prices valid on the website http://www.GhostProduction.com/
3.2. Payment methods are indicated on the website of the Offeror.
3.3. The moment of payment is the moment of receipt of funds to the account of the Offeror.
3.4. Paying for a musical composition under the terms of this agreement, it consider concluded in accordance with the legislation of the Russian Federation of the public offer and terms of this agreement.
3.5. The Offeror provides the Acceptor with the opportunity to fully familiarize himself with the musical composition of interest to him. After the transaction is concluded, the Acceptor cannot request a refund for the musical composition purchased by them, as it loses its “exclusive” status.
3.6. By clicking on “pay” on the website of the Offeror http://www.GhostProduction.com, Acceptor confirms the full and unconditional acceptance of terms of this agreement.
4. Intellectual property
4.1. All compositions posted on the website http://www.GhostProduction.com/ are the property of the Author of the work, who concluded an agency agreement with the Offeror and gave him authority to sell the composition and all exclusive rights to it.
4.2. All rights to the composition, which are possible to transfer from the owner, are transferred to the Acceptor of the actions specified in clause 5.4. of the contract.
4.3. In the performance in full, Acceptor becomes full and sole legal owner of the Composition and the right to use it at their discretion.
5. Special conditions and responsibilities of the parties.
5.1. The bidder is exempt from liability for violation of the terms of the Agreement if such violation is caused by the action of force majeure circumstances (force majeure), including: actions of state authorities, fire, flood, earthquake, other natural disasters, lack of electricity, strikes, civil unrest, riots, any other circumstances, not limited to those listed above, which may affect the performance of the Contract by the Offeror.
5.2. If the performance of the contract by the Acceptor causes any fin loss of the Accepting, due to the presence of third parties have the exclusive rights to the product of the alienated, the Offeror is exempt from liability in the form of reimbursement of the Acceptor losses. In this case, the Acceptor shall exercise his right provided for in clause 5.3. actual agreement.
5.3. If after the transaction, the Acceptor incurs losses in connection with the claims of third parties to the exclusive copyright of the subject of the contract, then the Acceptor transfers the right to claim damages from the owner (the Author), the performance information details of which the Offeror undertakes to transfer upon receipt of an appropriate appeal from the Acceptor.
5.4. The transfer of all rights to the composition to be alienated by the Offeror to the Acceptor occurs only after full payment.
5.5. After full payment of the composition by the Acceptor, it removes from the store. Re-alienation by the Offeror of the same work in favor of different persons is not allowed.
5.6. The acceptor has the right to use the Composition at their discretion, for both commercial and personal purposes, not prohibited by applicable legislation.
5.7. The Offeror is authorized to the action specified in the contract by Owner(Author) composition and acts as an agent.
5.8. An essential condition hereof is independent position of the Offeror which mediates between the owner and Acceptor and isn’t liable for their misconduct, and other actions significant the conditions hereof. The Offeror does not check the truthfulness of all data specified in this Agreement relies on the good faith of the Parties at the conclusion of transactions, as well as the certification of the circumstances given the Owner to it.
5.9. Carrying out the acceptance of the Contract Acceptor acknowledges that he has read, agree fully and unreservedly accepts all the conditions of the Agreement in the form in which they are set out in the text of the agreement, including the annexes to the Agreement, is an integral part of.
5.10. Acceptance can’t be revoked.
5.11. The contract does not require a seal or signing by the Acceptor and the Offeror and retains legal force.
6. Confidentiality and protection of personal information
6.1. The offeror shall not disclose information received from the Acceptor.
6.2. The case of disclosure of information in accordance with as well as in the case referred to in clauses 5.2., 5.3. of the Agreement isn’t met considered as violation of the obligations.
6.3. The offeror is not responsible for information provided by the Acceptor on http://www. GhostProduction.com/ site in a public accessible.
7. The procedure for handling complaints and disputes
7.1. Acceptor claims for the services provided by the offeror are accepted for consideration by e-mail within 10 (ten) business days from the moment the disputable situation.
7.2. The offeror and acceptor, taking into account the nature of the service provided, in case of disputes and disagreements related to the provision of services undertake the pre-trial procedure for settling the dispute. In case of failure to settle the dispute out of court the parties may apply to the court.
8. Other conditions
8.1. The acceptor has all the rights and powers necessary for the conclusion and execution of the Agreement, such as the ability and capacity.
8.2. On all matters not covered by this Agreement shall be governed by applicable Russian legislation.
8.3. Court invalidation of any provision of this Agreement and the rules do not entail the invalidity of the remaining provisions.