1. Primary conditions.
1.1. In accordance with this UA (User Agreement), the Service Provider shall provide consulting and informational services within the field of esports in the form of a seminar that includes practical and theoretical exercises, and the Customer shall pay for the services provided by the Service Provider via the procedure outlined in this Agreement.
1.2. The Customer hereby confirms that s/he has been notified to the effect that the age restriction of the esports discipline as outlined in p. 1.1. of this agreement is 13 years of age (https://store.steampowered.com/subscriber_agreement/), guarantees compliance with this restriction, and will independently bear all responsibility for compliance with it. In the event that this agreement is concluded on the behalf of a minor Participant indicated in the preamble to this Agreement, the Customer, i.e. a legal representative (parent or guardian) guarantees compliance on the part of the minor on whose behalf this agreement has been concluded with the age restriction of the esports discipline as outlined in p. 1.1. of this Agreement and personally accepts all liability for the violation of said restriction.
1.3. In the event that this agreement is concluded on the behalf of a minor, legal representatives (parents, guardians) hereby give their consent to the rendering of services to the minor User.
1.4. The Customer independently accepts the decision regarding the rendering of services in accordance with this agreement and will, if necessary, consult with specialists regarding his/her health (physical, mental), in which case the Customer will bear responsibility for any deviation in the state of the Participant’s health (whether physical or psychological). Prior to the rendering of services, the Customer has been informed that the Service Provider refuses to provide services if the Participant has any of the following health conditions or ailments:
1.5. The Customer hereby confirms that, prior to the rending of services, s/he is aware of and acknowledges the content, narrative, and type of the software product used in the conducting of a seminar in the esports discipline indicated in p. 1.1. of the Agreement. The customer hereby confirms that s/he is familiar with the rules for using the software product posted on the website http://store.steampowered.com/ and guarantees the Participant’s conformity with said rules.
1.6. Informational services are restricted to the provision to the Participant of necessary information and the development of skills for its independent application.
1.7. On the website upskill.ru the Customer selects a convenient training time and a trainer who is available at that time. After payment, the Customer reserves the selected date and time. The Customer contacts the trainer on Discord no less than 15 minutes prior to the training session. Before the first training session, s/he fills out a form for the purpose of creating a future gaming portrait, determining the goal of the training sessions, and creating a plan to achieve results. The training session will entail a combination of theory and practice in the game along with the trainer. This includes cooperative play, play with comments and suggestions from the trainer, and breakdowns of replays and/or moments not only from the Customer’s own matches, but also from those of professional gamers, as well as exercises and homework.
1.8. The date and time of each individual class is selected on the website and correlated with the available class times in the schedule of the selected trainer.
2. Rights of the parties.
2.1. The Service Provider has the right to:
2.1.1. provide informational services via the Service Provider’s own efforts and/or with the recruitment of third parties;
2.1.2. stop fulfilling their obligations or refuse to fulfill the Agreement (to provide training) without returning funds and/or training sessions remaining in the account if:
2.1.3 make audio and/or video recordings or take photographs while services are being rendered in order to later distribute said materials with the goal of creating training content.
2.1.4. not return funds for a paid training session if the Customer warns about the cancellation or rescheduling of a training session less than 24 hours prior to the appointed time.
2.2. The Customer has the right to:
2.2.1. use, in accordance with the procedure established the Service Provider’s local acts, the Service Provider’s informational materials required to learn the information;
2.2.2. for their personal advantage, take notes during the Seminar without the right to subsequently rework, reproduce, perform, or create new objects of intellectual property on the basis of the Seminar.
3. Obligations of the parties.
3.1. The Customer shall:
3.1.1. not permit the fomentation of international conflict, insult to other participants, specialists, or the Service provider, or the use of profanity.
3.1.2. not use drugs containing narcotic substances or alcohol while services are being rendered.
3.1.3 not make audio and/or video recordings or take photographs while services are being rendered.
3.1.4. make payment in accordance with the current agreement.
3.1.5. guarantee compliance with the general rules of the seminar that have been accepted by the Service Provider and brought to the Customer’s attention.
3.1.6. provide the Service Provider with necessary and valid data and documentation in a timely manner and in the quantity requested by the Service Provider.
3.1.7. not transfer to third parties not indicated in this Agreement rights either to receive services or to accompanying materials in accordance with this agreement without the consent of the Service Provider.
3.1.8. not distribute materials obtained by him/her in connection with participation in the seminar without the consent of the Service Provider.
3.1.9. not reproduce, repeat, copy, sell, or use for any other purpose whatsoever the information and materials made available to him/her in connection with the rendering of services, with the exception of their personal use. The Service Provider has the right to cease the rendering of services in the event of the violation by the Customer of the terms and conditions outlined in p. 3.1. of this agreement. Services are considered to be rendered by the Service Provider in full and accepted by the Participant without comment upon the absence of any written complaint submitted by the Participant in accordance with the procedure outlined in p. 7.1. of the General Terms.
4. Price of services and payment procedure.
4.1. The price of informational services depends on the selected training pack and may vary.
4.2. Payment is made in cashless form prior to the beginning of the rendering of services by the Service Provider via the transfer of funds to the Service Provider’s account.
4.3. The Service Provider will not compensate the Customer for expenses connected to payments made in cashless form, including during the use of the services of electronic payment systems for payment or bank and other fees paid by the Participant in this regard.
4.4. In the event of the cessation of the rendering of services in connection with the violation by the Customer of the obligations outlined in p. 3.1. of this agreement, funds will not be refunded.
5. Processing of personal data.
5.1. By concluding this Agreement, the Customer (Participant) expresses his/her consent with the fact that the collection, processing, and storage of data provided by him/her during the conclusion of this Agreement is conducted on the basis of Federal Law #152-FZ on July 27th, 2006 “On Personal Data,” the decision about the provision of his/her personal data and the provision of consent to the processing, collection, and storage of said data is accepted by the Customer freely and in accordance with his/her will and on his/her behalf. The Customer provides the Service Provider with his/her consent to any action (operation) or combination of actions (operations) performed using methods of automation or without the use of such methods involving personal data, including the collection, recording, systematization, accumulation, storage, refinement (updating, alteration), extraction, use, provision, access, anonymization, blocking, deletion, and/or destruction of personal data connected with the rendering of services to the Customer in accordance with this agreement.
5.2. When processing personal data, the Service Provider shall take all reasonable steps to protect them against unauthorized access.
5.3. The Customer hereby confirms their consent to any use (including publication, processing, etc.) by the Service Provider of photo or video depictions of the Customer/Participant made during the rendering of services by the Service Provider as an illustration of the Service Provider’s services (seminar) in order to post them on the Internet telecommunications network. In the event that this agreement is concluded on the behalf of a minor Participant indicated in the preamble to this Agreement, the Customer, i.e. the legal representative (parent or guardian) hereby confirms his/her consent to any use (including publication, processing, etc.) by the Service Provider of photo or video depictions of the minor Participant made during the rendering of services by the Service Provider as an illustration of the Service Provider’s services (seminar) in order to post them on the Internet telecommunications network.
5.4. In addition, the Customer hereby agrees to receive from the Service Provider information, including information of an advertising nature, at the telephone number and email address provided by the Participant via bots on Steam, Discord, or messengers (Telegram, WhatsApp, etc.)
5.5. The Participant has the right to withdraw his/her consent to the processing of personal data. Such a withdrawal must be submitted personally and in writing to the Service Provider by the Customer.
6. Protection of intellectual property.
6.1. The rendering of services by the Service Provider in the form of a Seminar in accordance with this agreement (in equal measure — it contents and form) represents the results of the intellectual activity (work) of the Service Provider, to whom legal protection is provided by the laws of the Russian Federation.
6.2. This Agreement does not represent a basis for the provision of exclusive rights or rights of use to the work in any measure to the Customer (Participant).
6.3. As the holder of exclusive rights, the Service Provider prohibits:
6.3.1. the recording, copying, or distribution of seminar materials via audio or video recording or recording on an electronic medium, including computer memory;
6.3.2. the broadcasting or streaming of the seminar via radio, television, cable, or online (including via rebroadcasting);
6.3.3. any processing of received services, including the creation of a derivative work (reworking, cinematization, book release, or creation of literary works, outlines, etc.)
7. Liabilities of the parties.
7.1. The parties bear liability in accordance with the current laws of the Russian Federation.
7.2. The parties do not bear liability for the failure to fulfill or satisfactorily fulfill obligations per this agreement caused by the actions of force majeure events (hurricane, earthquake, flood, strike, etc.).
7.3. https://upskill.ru и CRYSTAL FUTURE OÜ не несет ответственности за: - какие-либо прямые, косвенные, случайные, последующие, специальные, типовые, штрафные или иные убытки или ущерб (включая, помимо прочего, убытки в результате упущенной выгоды, упущенных сделок, использования данных или другие нематериальные убытки), связанные с любым контрактом, деликтом (включая, в частности, небрежность и объективную ответственность) или иной правовой теорией, независимо от причин, вызванные или относящийся каким-либо образом к Веб-сайту, его содержанию или любой информации на Веб-сайте, или любым ошибкам или неточностям, содержащимся в нем; - то, что аппаратное обеспечение, программное обеспечение или подключение к Интернету не функционируют должным образом; - любое приостановление или отказ от принятия платежей, если https://upskill.ru обоснованно полагает, что они были сделаны обманным путем или без соответствующих полномочий; - непредвиденные обстоятельства, препятствующие надлежащей работе, несмотря на любые разумные меры предосторожности, предпринятые https://upskill.ru (отключения электроэнергии, пожар, наводнение, похищение имущества, поломки оборудования, хакерские атаки, внутренние механические или системные сбои, а также простои Вебсайта).
8. Basis and procedure for the dissolution of the agreement.
8.1. The Agreement may be dissolved upon the agreement of the Parties or unilaterally upon the written request of one of the Parties either on the basis of factors provided for by law or for the violation of rights and obligations provided for by this Agreement.
9.1. The terms of this agreement and additional amendments (protocols, etc.) to it are confidential and not subject to public disclosure.
9.2. The Parties will take all necessary steps to ensure that their employees, agents, and successors do not inform third parties about the details of this agreement and additional amendments to it without preliminary consent.
10. Conflict resolution procedure.
10.1. All conflicts and disagreements that may arise between the parties regarding issues that are not resolved in the text of this agreement will be resolved via negotiation.
10.2. The complaint procedure for pre-trial mediation of disputes is obligatory.
10.3. Complaints must be made in writing and signed by the manager of the Party or his/her authorized representative.
10.4. Complaints will be reviewed within ten days of receipt. A response to the complaint will be signed by the manager of the Party or his/her authorized representative.
10.5. In the event that a dispute or disagreement cannot be resolved via negotiation, it will be subject to a hearing in accordance with the current laws of the Russian Federation.
11. Other conditions.
11.1. The Parties have no other accompanying oral agreements. The contents of the text of the Agreement conform in full to the stated wishes of the Parties.
11.2. All correspondence on the subject of the Agreement prior to its conclusion loses legal force as of the day the Agreement is concluded.
11.3. The Parties acknowledge that if any of the stipulations of the Agreement become null and void while it is in effect following changes to law, the other stipulations of the Agreement must be observed by the Parties as long as the Agreement is in effect.
11.4. By using this website and its services, you automatically accept the liabilities and obligations outlined in this user agreement (p. 3, p. 7).