Welcome to Livemaster!
Livemaster is the major trading platform for buying and selling handmade goods in Russia, Ukraine, Belarus, Kazakhstan and other CIS countries. It helps to place info about selling or buying original works made manually by users on https://www.livemaster.com. Such items are also known as handmade goods.
License contract of adhesion (open license) – Terms & Conditions of Livemaster
Livemaster shall mean Livemaster website with access via the Internet url http://www.livemaster.com (including all levels of the mentioned domain, as were functioning on the date of acceptance of these Terms & Conditions of Livemaster by the user, as well as placed into service for its entire validity period), databases, contained in it, Shops and other Content, and software package (computer software), providing functioning of the indicated website and other results of intellectual activity (intellectual property objects). Software package includes the server and client software. It is not a fair (form of trade outside of stationary retail facilities) for the purpose of Federal Law dated December 28, 2009 No. 381-FL 'On the principles of state regulation of trade activities in the Russian Federation'.
Administration of Livemaster (hereinafter referred to as the 'Administration') shall mean the Limited Liability Company Livemaster, Taxpayer Identification Number (INN) 6732111574, Primary State Registration Number (OGRN) 1156733015768, a party under this license contract (Licensor) and exclusive owner of the website of http://www.livemaster.com (including all levels of the mentioned domain, as were functioning on the date of acceptance of these Terms & Conditions of Livemaster by the user, as well as placed into service for its entire validity period), databases, contained in it, Shops and other Content, and software package (computer software), providing functioning of indicated website and other results of intellectual activity (intellectual property objects), conducting entrepreneurial activity within the Russian Federation (regardless of the location of Licensees and their buyers). The specified company may have the necessary legal authorities related to some software programs to ensure the operation of the specified website and the issue of Plans. As the context shall require, Administration of Livemaster may imply individuals (individual), performing the functions of executive board of the Limited Liability Company Livemaster or an individual (individuals), authorized by this board.
Terms & Conditions of Livemaster (Terms & Conditions) shall mean license contracts in the form of non-exclusive open licenses (contracts of adhesion), concluded with two categories of Licensees (Users) – individuals: potential buyers, seeking to make sales of Items, and potential buyers of Items and other site visitors, not seeking to make sales of any objects (Items) through Livemaster. The specified license contracts shall not be classified as mixed contracts.
Subject Matter of the Terms & Conditions of Livemaster shall mean fundamental terms and conditions of the license contract (Terms & Conditions), concluded with a certain category of Users (Sellers or Buyers), which determine: type of object of civil law rights (intellectual property), type of obligation (license) and method of its conclusion (by contract of adhesion – open license). Intellectual property is the only main object of civil law rights in the contractual legal relationships between the Licensor (Administration) and the Licensees (Users). Any other objects of civil law rights as between the parties are items/accessories relating to software and other intellectual property, if they are engaged in civil commerce of the parties to the license contract, and are not objects of civil law rights, which form the subject matter of the license contract, and at which the relationships of the parties to such a contract are directly aimed.
Seller (sellers, users) shall mean one of the categories of Licensees (Users), acting as legally capable persons, who enter into legal relations with the Administration of Livemaster in their own name under the corresponding license contract set forth in the Terms & Conditions of Livemaster.
Buyer (users, website visitors) shall mean one of the categories of Licensees (Users), acting as legally capable persons, who enter into legal relations with the Administration of Livemaster in their own name under the corresponding license contract set forth in the Terms & Conditions of Livemaster. Buyers are called (act as) the Licensees (Users) in relations with the Administration of Livemaster (Licensor) and are called (act as) the Buyers in relations with the Sellers.
Party, parties shall mean the Administration of Livemaster and Licensee (Users).
Plan shall mean a kind of individual permission granted to the Seller (local personal license within the Terms & Conditions of Livemaster) and corresponding royalty rate (amount of a lump sum payment), which determine legal authorities exercised by the Seller. Issuance (granting) of a Plan shall mean the start date of its validity period, and not require any written confirmation.
Services shall mean functional capabilities (technical functions, options), offered to the Licensee (User), provided by Livemaster for the exercising of property rights (authorities), with which the Licensee (User) is authorized, not requiring separate payment. Administration of Livemaster (Licensor) shall not accept any tasks from the Licensees, including those of maintenance and technical support, not provide any compensated services to, and not perform any contractual Item for such Licensees.
Software, software tools, software product, module, platform, software package shall mean a software application under Article 1261 of the Civil Code of the Russian Federation or a computer program under Article 4 of the WIPO Copyright Treaty dated December 20, 1996, as well as a package of such programs (software package) or part of such software application (computer program), capable of unassisted use and protected by intellectual property law, constituting the subject matter of the Terms & Conditions of Livemaster (open license). In some cases, software or module may mean the results of intellectual activities, which does not enjoy protection under intellectual property rights, in the capacity of a software application (computer program) or its part, capable of unassisted use. Such software or module is an additional service, offered to Licensee (User), not requiring a separate payment. These may include software or module for some or all types of mobile phones, smartphones and other electronic devices.
Items shall mean non-commercial products, made as a result of manual labor personally by the Seller, or with his direct involvement, including copyright objects, embodied in material objects, created as a result of creative labor. These do not include commercial and mass produced products; as well as products (objects), during the production (creation) of which, not the Seller himself, but other persons performed most of the Item; and during the production (creation) of which, mainly technological equipment was used and personal labor was not substantial.
Content (Content of Livemaster, Content of Users, including Content of a Seller, content of third parties) shall mean any information placed (played, available to the public) on Livemaster in any form, including text, photographs, graphic images, scripts, audiovisual and musical compositions, and their compilations.
Shop (Shop of Seller) shall mean the Content of Seller, constituting a part of Livemaster, containing information about Items, including description of the conditions of sales, delivery, payment, refund, exchange of Items (Shop Policies), which may have its own trade name, or another method of individualization of the Seller and his Items. The Shop shall not be a retail facility under Federal Law No. 381-FZ 'On the principles of state regulation of trade activities in the Russian Federation' dated December 28, 2009 and shall not organize the 'distant sales of goods' (sales of goods by Retail Sales Agreement, concluded on the basis of familiarization of the buyer with the description of goods, offered by the seller with the use of information and telecommunications net Item Internet) for the purpose of Terms & Conditions of distant sales of goods, affirmed by Decree of the Government of the Russian Federation dated September 27, 2007 No. 612, as amended, and does not assume carrying out business (commercial) activities by the Seller through Livemaster in general, and the Seller's Shop in particular.
Shop Policies shall mean a standard contract (purchase and sale, Items contract, license, alienation of exclusive right) between the Seller and the Buyer, as it is understood under Clause 3 of Article 427 of the Civil Code of the Russian Federation, or standard form (set form) of such contract, concluded by adhesion under Article 428 of the Civil Code of the Russian Federation (CC), or separate fundamental and any other terms of the Seller, on which he offers to conclude a contract with the Buyer. In case of conclusion of a contract, not by adhesion to its standard form (set form), an oral form shall be acceptable, if the contract amount does not exceed ten thousand (10,000) rubles, in accordance with the general rule of Article 161 of the Civil Code of the Russian Federation, such contract is not considered a license contract and does not involve the alienation of exclusive right to the object of copyright (Articles 1234, 1235 of CC). Terms & Conditions of Shops (transactions between Sellers and Buyers, conducted and executed on their basis) shall not be a part of the Terms & Conditions of Livemaster (open license), but regulate relations between a Seller and Buyers (third parties).
Photographs shall mean photographic Items and Items, created by methods similar to photographs for the purpose of Article 1259 of the Civil Code of the Russian Federation.
Catalogue (Catalogue of Handmade Items, Livemaster Catalogue) shall mean data bank (databases), which contains information on the Items and is a part (section) of Livemaster.
Spam shall mean the obtrusive placement of any offers or invitations.
Help & Information, Wishmaker, Magazine, including Community shall mean sections and subsections (parts) of Livemaster.
1. Subject Matter of the Terms & Conditions of Livemaster
(subject matter of license contract)
1.1. Subject Matter of these Terms & Conditions is the sale (transfer) by Limited Liability Company Livemaster, which is Licensor (heretofore and hereinafter referred to as the 'Administration of Livemaster' or 'Administration'), on the territory of the Russian Federation by way of open license (on terms and conditions of contract of adhesion in electronic format), of rights in:
a) independent use of software programs and other software by the Licensee (heretofore and hereinafter as well referred to as the 'Users') by way of its replication all over the territory of the world (without territorial limitation) within objectives and scope of authorities, particularly permission to Users of self-actions, necessary for the functioning of software programs immediately and/or functioning through such programs of the website http://www.livemaster.com (heretofore and hereinafter referred to as the 'Livemaster'), and databases, shops and other Content presented on the website, including:
– records on electronic media, computer memory and/or storage in a digital form in electronic mediums of programs for computers, providing access to certain services of Livemaster;
– their launch and work with them (the use of functional capabilities, featured in a computer program), through remote server as well (without recording on electronic media, computer memory);
– replication and making available to the public of copyright items through Livemaster;
b) as well as any other use, which will be permitted within the frame of these Terms & Conditions, of this and other intellectual property by practicable methods.
1.2. Open license is royalty-free on resolutive terms and conditions. Scope of authorities of the Licensee, whereby royalty-free nature of the license is terminated and becomes compensatory is stipulated in the section 'How to Sell' of Appendix II – Scope of Authorities of Users and the Services Consumed by Them, to these Terms & Conditions.
1.3. Acceptance of the terms and conditions of these Terms & Conditions by Licensee is:
a) exclusively on terms of a royalty-free license – the use of any service and other resources of Livemaster without opening of own shop, including passive familiarization with audiovisual display, generated by its software, containing any information, accessible to such users;
b) on resolutive terms and conditions of a royalty-free license – opening of own Shop with click of the virtual button 'Open a shop' in the field 'Form for opening a shop' of the subsection 'Open your Shop on Livemaster' on the web-page with Internet address (hyperlink) http://www.livemaster.com/profile/createshop 'My Livemaster'.
1.4. All the current software products, services and other resources of Livemaster, as well as their development and/or addition of new ones, may be an integral part of the scope of the above mentioned authorities granted to a certain User and the subject matter of these Terms & Conditions respectively. The User understands and agrees with the fact that all services are provided in the 'as is' state, and that Livemaster shall not be liable for any delays, failures in the Item of the services, incorrect or untimely delivery, deletion or lack of preservation of user's personal information. At the same time, the Administration shall undertake all reasonable measures for the prevention of such disruptions. The Administration does not accept any commissions from Licensees and does not provide them with any compensated services, nor does it perform any contractual Items.
2. Obligation of the Users to create an account
2.1. In order to use the Software, services and other resources of Livemaster, the User must go through the registration procedure. By creating an account, the User confirms the fact of having established a contractual legal relationship based on terms and conditions of the Terms & Conditions of Livemaster.
2.2. During registration on Livemaster, the User shall indicate his full name and provide the Administration with other authentic and current information about himself, offered in the registration form (and maintain this information up to date), including login (unique symbol name) and access password to Livemaster, unique for each User. The Administration has the right to ban the use of certain logins, as well as set requirements for logins and passwords (length, admissible characters, etc.). The User bears responsibility for the authenticity, relevance, completeness and compliance with the legislation of the Russian Federation of information, presented during registration, and its freedom from third-party claims.
The User bears full responsibility for the security of his login and password, for all actions, conducted with the use of his login and password, as well as for any consequences, which could entail or have entailed such use.
2.4. If the User provides incorrect and incomplete information, or the Administration has reasons to assume that information provided by the User is incorrect or incomplete, the Administration has the right, on a unilateral basis at its own discretion, to block, stop and/or deny the User the use of his login and password, as well as ban the use of software, access to services and other resources of Livemaster.
3. Responsibility of Users and the Administration3.1. The User acknowledges that Administration does not have to review the Content of Users before its placement on Livemaster by Users, but at the same time, has the right, at its own discretion, to refuse at any time the placement, changing (modification) and/or deletion of any Content, placed on Livemaster.
4. Limitation of liability of the Administration
4.1. All Software and services of Livemaster are provided in the 'as is' state. The Administration does not guarantee that Software and services of Livemaster will correspond to the requirements of the User, as well as does not undertake any responsibility of their correspondence to the User's objectives.
4.2. The Administration does not bear liability for interruptions in the provision of services, caused by technical disruption in the Item of equipment and/or software.
4.3. Administration does not bear liability to Users and any third parties for any accidental, unintentional actual damage and loss of benefit or lost data, caused through the use of Livemaster.
4.4. Livemaster may contain links to websites (hyperlinks, banners) and any Content, which belongs to third parties. Such third parties and their Content are not examined by the Administration for their correspondence with the requirements of fair practices, decency, legality and other requirements. The Administration does not bear liability for any information, placed on the sites of third parties, to which User has obtained access through Livemaster.
4.5. A link to any good (website, product, service), any information of commercial and non-commercial nature, placed on Livemaster, does not constitute an advertisement or endorsement of these goods and information by the Administration. Immediately upon the User moving to other sites of third parties, these Terms & Conditions no longer apply.
5. Prohibited use of Livemaster
It is prohibited for Users to:
5.1. Create an account on behalf of a person, who is not the User, mislead other Users about his own identity, or intentionally distort the presentation about himself.
5.2. Publish the same Items in several categories of the Catalogue.
5.3. Delete and then immediately add new Items for attracting additional attention of Users and site visitors to them
5.4. Publish photographs of Items from magazines, from third-parties (including other printed and electronic sources) or Items of other Users and authors, passing them off as his own.
5.5. Resell another's Items, if User has not applied any efforts to their creation (except presentation of the Items of his relatives, in case they, for some reason, do not have access to the Internet).
5.6. Present in form of the Items, information about the providing of services and performance of Items, the results of which do not correspond with term 'Item' for the purpose of the Terms & Conditions of Livemaster (for example: will install doors between rooms, will make repairs, will sharpen instruments, services of manicure and make-up, repair of products).
5.7. Place in any headings of the Catalogue, apart from the categories 'Craft Supplies & Tools' and 'Design', Items, representing not the Item itself, but a sketch, scheme or blueprint, made in a graphics editor. Where Item is supposed to be made on a specific order basis from a sketch or scheme, the main photograph of the Item must demonstrate a sample of an already made product, created by the Seller, who placed this Item.
5.8. Up to 6 photographs may be added to the description of each Item, depending on the type of Plan. All photographs in the description of specific Item must demonstrate only this Item, with the exception of variations and modifications (including color choices) of the same Item. It is absolutely forbidden to place photographs, demonstrating different Items, in the description of one Item.
5.9. Place on Livemaster information about sale or purchase of Items, circulation of which is forbidden by the legislation of the Russian Federation.
5.10. Place information about Items, if such action entails the violation of exclusive rights of Users or third parties to intellectual property.
5.11. Place on Livemaster any commercial advertisement, promotional materials, distribute Spam, conduct any mass mailings of messages and invitations to site Users, create messages, requiring their forwarding to other Users, pyramid 'schemes', multilevel marketing, any other obtrusive information, except for the placement of such information that is legally acceptable and was approved by the Administration.
5.12. Place any information, which is illegal, contains libel, threats, discredits or offends other Users or third parties, contains or promotes pornography or child erotica, offends good morals, advertises sex services, bears a fraudulent nature, infringes on personal and public interests, promotes racial, religious, ethnic hate or enmity, any other information, violating human rights or rights of citizens, protected by law, promotes illegal activities.
5.13. Place any materials, containing viruses and other computer codes, files or programs, intended for disruption, destruction or limitation of functionality of any computer or telecommunications equipment or computer programs (software) for the carrying out of unauthorized access.
5.14. Use Livemaster in any way which may hinder its normal functioning.
5.15. Accumulation and storage of personal data of Users in any way.
5.16. Try to obtain access to another User's login or password in any manner.
5.17. Place links to websites, the contents of which contravene legislation.
5.18. Place anywhere on Livemaster hyperlinks to personal websites, pages and blogs, located on third party internet-resources (sites, internet-pages), as well as advertise in express or implied (disguised) way any third party websites, place any information about third party websites.
5.19. Use any public section of Livemaster for demonstrative discussion of controversies, disputes and polemic discussions with other Users and/or the Administration of Livemaster.
5.20. Place any other information, which in the opinion of the Administration, does not correspond with the objectives of Livemaster, infringes on the interests of Users, or for various legal reasons is inappropriate for placement on Livemaster.
6. Rights of the Administration
6.1. The Administration reserves the right to edit and/or delete any Content of Users, if it contradicts these Terms & Conditions, the legislation of the Russian Federation, as well as in other cases at the discretion of the Administration.
6.2. The Administration reserves the right to selectively limit placement of Items of Users in categories of the Catalogue, as well as deny their placement, if in the opinion of the Administration, they do not correspond with these Terms & Conditions, including their definition.
6.3. The Administration has the right to move Items from one categories of the Catalogue to another, without notification of the User, if in the opinion of the Administration, they do not correspond with the topic of the categories.
6.4. The Administration reserves the right to stop and/or terminate the functioning of all logins and passwords of a User, delete login and password, selectively limit access to services of Livemaster, as well as block and/or delete any Content and/or Item, if in the opinion of the Administration, the User is in violation of these Terms & Conditions and/or conducts illegal activities, if Administration should discover, that in their opinion, the User constitutes a threat to Livemaster or other Users, as well as if the User has not used his login and password in the past four months, with preliminary notification or without such notification. In such cases, the recalculation of the validity period of a paid-up Plan (local personal license) in view of the suspension and/or termination of validity of the login and password as well as the compensation of funds shall not be performed.
6.5. The Administration of Livemaster may send informational messages to its Users through any communications channels.
6.6. Administration reserves the right to change, at any time, the appearance of Livemaster, its Content, service package, change or supplement Software and other objects, used or stored on Livemaster, any server applications at any time with preliminary notification or without such notification.
6.7. For purposes of suppression or prevention of violation of the Terms & Conditions and/or causing damage to the Administration (for example, hacker attacks, illegal use of software), the Administration has the right to limit access of Users or third parties to Livemaster of the corresponding IP-address and/or range of IP-addresses.
6.8. Livemaster and the provided services can be partially or fully inaccessible from time to time due to the conducting of preventive or other Items or for any other reasons of technical nature. The Administration has the right to conduct necessary preventive or other Items from time to time, at its own discretion, upon preliminary notification of Users or without such notification.
7. General information
7.1. These Terms & Conditions shall be regulated and interpreted in accordance with the legislation of the Russian Federation. Issues, not regulated by these Terms & Conditions, shall be resolved under the legislation of the Russian Federation.
7.2. If for one reason or another, one or several norms of these Terms & Conditions are invalid or have no force, this fact does not impact on the validity or applicability of the other norms.
7.3. Nothing in these Terms & Conditions may be understood as the establishment of agency relations, joint-cooperation relations, employment relations, provision of compensated services, performance of contractual Item or any other relations between the User and the Administration, which are not expressly specified in the Terms & Conditions, including a mixed contract.
7.4. Any use of the Software, software products, modules, platforms, databases, services and other intellectual property of Livemaster by the User means the full and absolute acceptance of these Terms & Conditions by the User. These Terms & Conditions cover the entire period of factual mutual relations of the parties. The most recent copy of these Terms & Conditions is located in the Internet at the address (hyperlink): http://www.livemaster.com/help/rules. If the User does not agree to observe these Terms & Conditions, the User has the right to withdraw from commitment to them on a unilateral basis, at any stage of relations with the Administration of Livemaster by means of a full termination of the use of the Software and functioning services of Livemaster.
7.5. These Terms & Conditions may be changed and/or supplemented by the Administration on a unilateral basis, without any special notification of the User. The Administration recommends that Users regularly check the terms and conditions of these Terms & Conditions to verify if they were changed and/or supplemented. The continuation of the use after the introduction of changes and/or supplements to these Terms & Conditions, means the acceptance and agreement with such changes and/or supplements by the User.
8. Final provisions
8.1. These Terms & Conditions of Livemaster act as the new version of Terms & Conditions of Livemaster and cover legal relations of the parties as of January 11, 2016. From that date, all previous obligations of the parties, resultant from the previous version of the Terms & Conditions of Livemaster, valid before January 11, 2016, are terminated by their replacement with the obligations, resulting from the new version of the Terms & Conditions of Livemaster (novation).
8.2. The refusal to terminate former obligations by the novation (refusal of the agreement of the parties expressed in the part of this subsection and stated above in Clause 8.1) shall result in the termination of any contractual relations between Users and the Administration of Livemaster, and require the immediate termination of any use of the Software and any other results of intellectual activity, being the subject matter of these Terms & Conditions.
These appendixes form an integral part of the Rules:
Appendix 1: Intellectual property rights
Appendix 2: Scope of exercised authorities of Users
Appendix 3: Specifics of issuance, payment and use of Plans
Appendix 6: Requirements for replicating of photographs