Edition No. 04 of November 02, 2020 (approved by the Order of the Individual Entrepreneur Evgeny Ryzhanovich No. 05 of 02.11.20)
This User Agreement (hereinafter called as the 'Agreement') is a public offer (offer) in accordance with Art. 407 of the Civil Code of the Republic of Belarus and regulates relations between the Individual entrepreneur Evgeny Ryzhanovich, (hereinafter called as the 'Contractor') acting on the basis of the Certificate of State Registration No. 191624471 issued by the Minsk Municipal Executive Committee on February 7, 2012, and by the person (hereinafter called as the 'User') for the purpose of using the GENLOGO Internet service (the 'Service') at www.genlogo.com (the 'Site').
The beginning of the use of the Service in any form is avouched as an acceptance of this offer, according to the art. 408 of the Civil Code of the Republic of Belarus, and means the unconditional acceptance by the User of all the terms of the Agreement without any exemptions or restrictions on the terms of accession. Using the Service on other terms is not allowed. Before using the Service, the User agrees to familiarize himself with the Agreement and accept its terms. In case of disagreement with the terms of the Agreement, the User shall not use the Service. The text of the Agreement is located at: https://genlogo.com/en/terms-conditions/
1.1. For the purposes of the Agreement, the following terms and their designations are used:
Vector logo' is a base material created with the help of objects and images in computer graphics, having a fixed color gamut, clear outlines, easily transformable in size without loss of quality, used for branding in any form and in the application environment of the material, and presented in the “svg.” format.
'Personal Account' - a personal section of the Service, to which the User accesses after completing the registration procedure on the Site. The personal Account is designed to view and manage the available functionality of the Service.
'User Information' - any information or data provided by the User to the Service.
'Logo' is the original design, as well as the full or abbreviated name of an individual entrepreneur or legal entity, a group of goods, etc.
'User' means a person who has the right and capacity to enable him to accede to the Agreement and using the Service.
'Repost' - placement of information on the creation of the Logo with reference to the Service and the Logo created by the User on his own page on the social media platforms 'Vkontakte', 'Facebook', 'Instagram'.
'Service' - the functionality of the Site, available to the User on terms of compliance with the Agreement, through which the User can use the Logos created at his request by the Contractor .
'User Account' means the summation of information and information about the User submitted by him at the time of registration on the Site and allowing the Contractor to identify each User.
2.1. In accordance with the Agreement, the User receives the right to use the Service, and also undertakes to pay the Contractor a fee in the amount and on the terms stipulated by the Agreement, and the Contractor undertakes to provide the User with access to the functionality of the Service on the terms and conditions stipulated in the Agreement.
2.2. The user is entitled to use the Service on the territory of all countries of the world.
2.3. The right to use the Service provides the following functionality to Users:
• Use on the basis of a non-exclusive, perpetual license valid in all countries of the world, without the right to transfer and sublicense it to third parties, of a Logo created by the Contractor based on the provided by the User initial data (verbal designation, slogan, usability), as well as selected by the User from the provided by the Service font, color solution, photos, vectors and other materials located on the Service;• Getting available Vector logo by downloading (unlimited number of times);
• Getting available Vector logo by downloading (unlimited number of times);
• Writing reviews on the Site.
2.4. Term of transfer of rights - the Contractor transfers the rights to use the Service and Logos with no limit of term.
3.1. In order to use the Service, the User must pass through the registration procedure. When registering, the user must enter his email address and password. The password for accessing the User Account is determined by the User on its own.
3.2. After registration, the User automatically displays the Personal Account on the Site, which stores all the Logos received by the User through the Service. Vector logos, for which the User paid the emolument to the Contractor, the User has the right to download an unlimited number of times.
The moment the Contractor grants the right to use the Logo is the moment of providing the User with the Logo in his Personal Account, simultaneously with the provision of a link to download it. The Contractor within one (1) day from the date of receipt of the payment from the User in accordance with clause 6.5 of the Agreement places the created Logo in the User's Personal Account, and also provides the ability to download it to the User's device. The transfer of the Logo is carried out by the Contractor without transferring the tangible medium by self-downloading the files using the link provided by the Contractor in the Personal Account.
The absence of claims from the User within twenty four (24) hours from the moment the Contractor places the Logo in the User's Personal Account and provides a link to download it, means recognition of the Contractor's good faith fulfillment of his obligations to grant rights to the Logo.
Upon the expiry of three (3) working days from the date of providing the User with a link to download the Logo, the Contractor, at his discretion, can draw up and send the User an acceptance and transfer certificate (hereinafter referred to as the 'Certificate') indicating the scope of rights to the Logo, their name and cost. The Certificate can be drawn up in the form of an electronic document and signed by the Contractor using means of electronic digital signature in accordance with the legislation of the Republic of Belarus or certified by the facsimile seal of the Contractor and the facsimile signature of the authorized person of the Contractor. In this case, the User undertakes to sign the Certificate and send it to the Contractor in the manner, in which such a Certificate was provided, within one (1) working day from the date of receipt of the Certificate.
The Contractor has the right to draw up the Certificate solely and unilaterally in accordance with paragraph 6 of Article 10 of the Law of the Republic of Belarus of July 12, 2013. No. 57-3 'On accounting and reporting' and the Decree of the Ministry of Finance of the Republic of Belarus of February 12, 2018. No. 13 'On the sole compilation of primary accounting documents and invalidation of the Decree of the Ministry of Finance of the Republic of Belarus of December 21, 2015 No. 58'.
3.3. The user is warned that the Contractor constantly introduces innovations in order to provide maximum convenience for its Users. The User agrees that the structure and principles of the Services provided by the Service may change without preliminary notification of the User from time to time.
3.4. The User agrees that the Contractor has the right, at his own discretion and without prior notification, to take any action to restrict or terminate the User's access to the Service in case of violation of the terms of the Agreement by the User.
3.5. The User has the right to stop using the Service at any time and for any reason. To do this, the user needs to apply to the Contractor for deletion of his Account with a request using contacts listed in the 'Support' section of the Site.
3.6. Upon termination of access to the Service (at the initiative of the User or the Contractor), the right to use the Service is immediately canceled. In case of cancellation or termination of access to the Service, the Contractor has the right to remove from the server (s) information related to the User Account permanently.
4.1. The User undertakes to:
• comply with the terms of the Agreement duly;
• use the Service for its functional purpose and only within the limits of those rights and in the ways introduced in the Agreement;
• pay the emolument of the Contractor in the manner and under the conditions stipulated in the Agreement;
• transfer to the Contractor at the time the User Information is provided to the Service a free, perpetual, non-exclusive (simple) license to use, reproduce, change such information as far as necessary for the Contractor to create the Logo;
• check the Logo font after downloading from the Service and before using it in business for a license;
• take appropriate measures to ensure the safety of its Personal Account and be personally liable in case of access to it by third parties.
4.2. The following actions are prohibited to the User:
• use the account of another person, as well as alienate or use his Account, including exchanging or transferring / receiving it as a gift.
• use the Service of any method that may interfere with the normal operation of the Service;
• use the Service in violation of the rights and legitimate interests of the Contractor, third parties, provisions, legislation of the Republic of Belarus, norms of international law;
• independently or with the involvement of third parties to decompile the Service, and to distribute, bring to the public notice and provide other access to the Service, realize reverse engineering of the Service, and perform any unauthorized actions with respect to the Service;
• use the Service, Logos created with its help in order to carry out activities similar to the activities of the Contractor (not to compete with the Contractor);
• use the Logo created by the Contractor as an official logo, trademark (service mark) of the User, register any intellectual property rights in any government bodies and organizations, commercial and (or) non-commercial organizations on the territory of any country of the world;
• use in any way the constituent elements, initial data, their compilation separately from the created Logo, modify them, copy, export or otherwise record on any tangible medium or device; transfer, send out, distribute, publish, reproduce, sell, store such constituent elements and initial data;
• provide a quote or slogan that, in fact, has already been written by someone;
• post when writing reviews:
- personal information of third parties without their consent, including home addresses, personal phone numbers, passport data;
- materials that insult or humiliate the honor and dignity of the Contractor, other Users or third parties, or links to such materials; obscene or abusive words or phrases; threats, calls for violence and illegal actions;
- pornographic materials or links to them; materials with elements of violence, cruelty, racial, interethnic or interreligious strife, as well as links to such materials;
• to propagandize and demonstrate, when writing reviews in the Service, Nazi attributes or symbols;
• to propagate when writing reviews and post any other information that, in the opinion of the Contractor, is undesirable, violates the norms of morality and ethics;
• commit any other unlawful or criminal acts.
4.3. Responsibility of the User:
4.3.1. The User is responsible for using the Service by any means in its sole discretion. The User bears the risk of occurrence of negative consequences as a result of the use of the Service in all parts.
4.3.2. The user is responsible for the accuracy of the information and personal data provided by him when using the Service.
4.3.4. If the User does not prove the contrary, any actions, committed using his Account, are deemed to be committed by the relevant User. In case of unauthorized access to his Account, the User is obliged to notify the Contractor in the established order immediately.
5.1. The Contractor performs the current management of the server (s) in which the Service is stored, determines the structure, interface and functionality of the Service and exercises other rights belonging to it.
5.2. The Contractor provides access to the Service on a round –the- clock basis, but is not liable for delays, interruptions in the work and the impossibility of the full use of the Service, whether directly or indirectly due to the actions or inaction of third parties and / or the disability of information channels (Internet), which are beyond the pale of resources of the Contractor. The User agrees that for the functioning of the Service the User needs to use the software (web browsers, operating systems, etc.) and equipment (subscriber devices, network equipment, etc.) produced and provided by third parties and the Contractor can not be responsible for the quality of their work.
5.3. The Contractor may at any time unilaterally change the registration of the Service, its functionality and the list of services provided without notice to the User.
5.4. The Contractor has the right to suspend, restrict or terminate the Users' access to the Service without notice, to delete User Accounts, if at the discretion of the Contractor the actions of such Users are violated and / or may violate the legislation of the Republic of Belarus or the norms of international law, the provisions of the Agreement, the rights of other Users or third parties, harm them or threaten security, without explaining the reasons for such actions and without compensation to the User for losses incurred.
5.5. The Contractor has the right to transfer rights and obligations under the Agreement to third parties for the purpose of executing the Agreement without the User's additional consent.
5.6. The Contractor has the right to send to the User in any way information about the operation of the Service, including sending advertising, information and other messages to the e-mail address notified by the User at registration, or to post relevant information in the Service itself.
5.7. The Contractor has the right, at its discretion, at any time to establish / change the payment for the use of the Service.
5.8. By placing the created Logo in the recall, the User grants the Executor the right to use the last Logo on the Site.
5.9. The Contractor does not guarantee that the Service will function at any particular time in the future or that it will not stop working.
5.10. The Contractor shall not be liable for causing direct or indirect damage resulting from the use or inability to use the Service.
5.11. The Contractor shall not be liable for any actions of any User.
5.12. The executor possesses the necessary rights to intellectual property objects (including software products, databases, information materials, graphic images, company name, trademarks (service marks), logos, fonts, etc.) used in the Service..
5.13. The Contractor is not responsible for the visits and use of external resources by the User, links to which may be contained in the Service. And also does not guarantee that any files downloaded by the User from the Service do not contain viruses, as well as unwanted or destructive functions.
5.14. The Contractor does not guarantee the uniqueness and originality of the Logo created with the help of the Service.
5.15. The Contractor shall not be liable for violations by the User of the duty to use licensed fonts.
6.1. The right to use the Service is provided to Users free of charge, with the exception of the transfer to the disposal (by downloading) of the User of the created logo, which is made on a paid basis, according to the Contractor's rates posted on the Site. The emolument of the Contractor for the cession of non-exclusive rights to use logos is included in the rates of the Contractor.
6.2. The Contractor has the right, at its discretion, at any time to establish / change payment for the use of the Service by publishing appropriate rates on the Site.
6.3. The rates of the Contractor are indicated on the Site in Belarusian rubles, and for non-residents can be set in currency (Russian rubles).
6.4. Payment for the created logo is carried out on the basis of 100% advance payment by the User in the following way:
6.4.1. For the residents of the Republic of Belarus and non-residents through the payment system bepaid to the settlement account of the Contractor.
After clicking the 'buy' button and selecting the currency (USD, BYN), you will be transferred to the special secure payment page of the processing bePaid system.
The payment page will contain the order number and the amount of payment. For payment, you need to enter your card details and confirm the payment by clicking the 'pay' button.
If your card supports 3-D Secure technology, you will be asked to undergo a standard one-minute cardholder verification procedure on your bank's website (the bank that issued your card). Please note that after the payment is made, a payment confirmation will be sent to your email address. Please save your payment data. We accept payments for the following bank cards: Visa, Visa Electron, MasterCard, Maestro, Belcart. Payments on bank cards are made through the electronic bePaid payment system. The payment page of the system meets all data transfer security requirements (PCI DSS Level 1). All confidential data is stored in an encrypted form and is as stable as possible to burglary.
If the goods were paid for by a bank card through the site, then the return is made to the card from which the payment was made. The term of receipt of funds on the card - from 3 to 30 days from the date of the return by the Contractor.
6.4.2. residents of the Russian Federation can also pay in Russian rubles by means of the Yandex.Checkout payment aggregator.
Ways of accepting payments through Yandex.Checkout from the User:
• Bank card. The User-payer needs to know the bank card number, its validity period and the CVC or CVV code. Yandex.Checkout accepts for payment cards: Visa (including Electron), Masterсard and Maestro, MIR. By default, cards issued in Russia are accepted for payment.
• Electronic money through payment systems Yandex.Money, QIWI Wallet
• Internet banking: Alfa-Click, Promsvyazbank Internet Bank, Sberbank Online
• By paying the invoices issued by the Contractor (invoicing). To invoice, the User must inform the Contractor of his last name, first name, e-mail address, phone number.
Payment procedure via Yandex.Checkout:
Selecting the required tariff and currency (RUB), User:
1. clicks on the button “next” on the Contractor’s website,
2. in the pop-up window, selects the available method to pay: bank card, Yandex.Money, another available method of payment specified in the form,
3. verifies payment data (card number, login in the Internet bank, e-wallet number, as well as mail for a cheque),
4. confirms payment. For example, enters the code from the message from the bank.
After payment by the card, the Users, whom Yandex “knows”, will receive an e-wallet.
Payments in the Yandex.Money system by the User are made in accordance with the instructions and recommendations of the Yandex.Checkout payment system. The Contractor shall not be liable to the User for the refusal of the System to effect the payment, as well as for the operation of the System itself.
6.5. The right to download and use a paid logo arises for the User from the moment the payment system confirms the payment.
6.6. The User himself bears all costs for transferring funds to the Contractor, including commission fees charged by third parties for the transfer of funds. The User independently pays all taxes arising in connection with the use of the Service, in the territory of the state where he is a resident, in addition to the Contractor’s emolument, including taxes, for which the User is the payment agent instead of the Contractor if it is not contrary to the imperative norms of the User’s national legislation.
6.7. The User's obligations for payment are deemed to be performed from the moment of receipt of funds to the settlement account of the Contractor / completion of the payment procedure in the payment system.
6.8. Payment of money to the Contractor is made in Belarusian rubles by users-residents of the Republic of Belarus and non-residents of the Republic of Belarus, except for the cases specified in clause 6.4.2. of the Agreement.
6.9. In cases the User is a resident of a country that regulates the exchange of foreign currency, the User confirms that he has all necessary approvals and authorizations from the body exercising exchange control.
6.10. The User has the right to refuse the service paid by him only until the transfer (download) of the logo created by him to him. In this case, the User is obliged to send the notification to the Contractor by email: firstname.lastname@example.org. The money paid is returned to the plastic card (for individuals), within 15 banking days from the moment of receiving the notification from the User minus the bank commission, remuneration of payment system operators.
8.1. Using the Service, the Contractor creates a Logo from the constituent elements selected by the User, which are objects of intellectual property, and provides the User with a non-exclusive (simple), non-transferable and non-sublicense license to use the Logo created using the Service on the territory of all countries of the world without limitation of the term of use, at the same time, without granting the User at the moment of transferring the Logo any rights to use the individual constituent elements of the Logo. The exclusive rights to the constituent elements of the Logosthe Contractor has by virtue of the concluded relevant civil law contracts, employment contracts with third parties. The Contractor does not guarantee the User that someone else will not use the same constituent element in his Logo.
8.2. In the Service the Contractor uses fonts as alternative constituents on the basis of licensing agreements concluded with the rightholder. The User independently with the help of external resources after downloading the Logo verifies the font of the Logo for the presence of a license or refers to the 'Support' section of the Site with the request to specify all information about the font and contact information of the font owner for the subsequent conclusion of a license agreement with it.
9.1. The agreement is made in accordance with the legislation of the Republic of Belarus. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of the Republic of Belarus.
9.2. In the event of any disputes or disagreements arising in connection with the implementation of the Agreement, the parties will make every effort to resolve them by negotiating between the parties. In the event that disputes are not resolved through negotiations, disputes shall be resolved in the appropriate competent court at the location of the Contractor in accordance with the procedure established by the current legislation of the Republic of Belarus, unless otherwise specified in clause 9.3. of the Agreement.
9.3. In case the User is a non-resident of the Republic of Belarus and the International Bilateral Agreement on Legal Assistance, establishing the mutual recognition of decisions of the judicial authorities, has been concluded and ratified between the Republic of Belarus and the state of permanent location of the User, disputes are resolved in the competent court of the Contractor. The applicable law is the law of the Republic of Belarus.
In case the User is a legal entity and non-resident of the Republic of Belarus and the International Bilateral Agreement on Legal Assistance, establishing the mutual recognition of decisions of the judicial authorities, has not been concluded and ratified between the Republic of Belarus and the state of permanent location of the User, but the state of permanent location of the User is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (concluded in New York, on June 10, 1958), all disputes, disagreements or claims that may arise from or in connection with the Agreement, including those related to its amendment, termination, execution, invalidity or interpretation, are subject to consideration in the International Arbitration Court at the Belarusian Chamber of Commerce and Industry in accordance with its Rules. The applicable law is the law of the Republic of Belarus. The language of the proceedings is Russian.
In case the User is a non-resident of the Republic of Belarus and none of the conditions stipulated in paragraphs one and two of this clause of the Agreement are met, all disputes are resolved in a competent court at the location of the User. The applicable substantive law is the law of the Republic of Belarus. The applicable procedural law is the law of the location of the User.
10.1. The agreement is an open and public document. The current version of the Agreement is located on the Internet on the Site.
10.2. The Contractor has the right at any time to change the terms of the Agreement unilaterally. Such changes come into force from the moment the new edition of the Agreement is posted on the Site. The User must independently monitor the changes to the Agreement. A user who continues to use the Service after posting a new version of the Agreement shall be deemed to be properly acquainted with the changes introduced and accepted them. If the User disagrees with the changes made, he must stop using the Service.
10.3. Appeals, proposals and claims of physical and legal entities to the Contractor related to the content and functioning of the Service, execution by the Contractor of their obligations thereunder, violations of the rights and interests of third parties, the requirements of the legislation of the Republic of Belarus, as well as for requests of persons authorized by the legislation of the Republic of Belarus to the e-mail address: email@example.com.
10.4. The agreement is made in English.
10.5. If any provision of the Agreement is invalidated, this does not affect the validity or applicability of the remaining provisions of the Agreement.
The requisites of the Contractor:
Individual Entrepreneur Evgeniy Ryzhanovich . UNP 191624471.
Certificate of state registration №0273525, issued by the Minsk City Executive Committee on February 7, 2012.
Address: 220099, Republic of Belarus, Minsk, Kazinets str., 11A, of.A712
R / s No. BY27 UNBS 3013 0189 5900 4000 9933 in ZAO 'BSB Bank', BIC - UNBSBY2X.
Working hours: 10.00 - 18.00 Mon-Fri (Saturday, Sunday - the weekend)
Have questions? Email us: firstname.lastname@example.org