User Agreement

1.1. This User Agreement (hereinafter referred to as the Agreement) sets forth the terms and conditions for using information and materials of the Users posted by them on the Internet. This Agreement applies to all information and materials that New Fashion JSC (OGRN (Primary State Registration Number) 1027700429690) may receive from a user hereunder.

www.dubapparels.com is an Internet resource located at www.dubapparels.com and owned by New Fashion JSC. Website is a resource that may contain or directly contains files, information, software, illustrations, photographs and similar files that are subject to a copyright, trademark or service mark, or that are subject to other identical or related rights of New Fashion JSC and the Users of the Website.

New Fashion JSC is a legal entity established in accordance with the legislation of the Russian Federation, carrying out its activities, inter alia, through the Internet resource (Internet Store) www.dubapparels.com.

Website Services are all services available for use on the Website.

Personal Information is information that the user provides about oneself independently when using the Services and/or during registration (creating an account), including, but not limited to, personal data of the user.

Personal Space is a personalised interface of the Website with a set of user tools for using personalised Website Services.

Personal Data Processor is New Fashion Joint Stock Company, OGRN 1027700429690, location address: 10, Presnenskaya Embankment, 123112 Moscow.

User is an individual that uses the Website Services, certain functions of the Website, an author or a person (a copyright holder) who owns exclusive copyrights, related and other rights to use the Materials/Images.

Materials are copyright items, including, but not limited to, illustrations, drawings, photographic works and other works obtained by methods similar to photographs, captured and reproduced both on traditional and electronic and other media, posted by the User in his/her social media accounts, or with a mention of @dubapparels account.

Images are images of people (including their photographs or works of fine art in which they are depicted), as they are understood in the meaning of Article 152.1 of the Civil Code of the Russian Federation, posted by the User in his/her social media accounts, or with a mention of @dubapparels account.

Right to Use the Materials is the right to perform the following actions: publish, reproduce, make publicly available, publicly display, process, distribute the Materials or any part thereof on any media in any material form and in any way, including on the Internet.

Right to Use the Images is the right of New Fashion JSC to perform the following actions: publish, reproduce, make publicly available, publicly display, process, distribute the Images or any part thereof on any media in any material form and in any way, including on the Internet.

Acceptance is performance of the following actions by the User: publication of Materials/Images by the User in his/her social media accounts, or with a mention of @dubapparels account. By accepting the User agrees in full and unconditionally with the terms and conditions of the Agreement without any omissions and/or restrictions, and grants New Fashion JSC the Rights to Use the Materials/Images. The Right to Use the Materials/Images shall be deemed granted to New Fashion JSC from the date when the User performs actions under the Acceptance.

All items available through the Website, including design elements, text, graphics, illustrations, videos, computer programmes, databases, and other items, and any content posted on the service, are subject to the exclusive rights of New Fashion JSC, the Users and other right holders, respectively.

The use of the content and any other elements of the service is possible only as part of the functionality offered by the service. No element of the content of the service and no content posted on the service can be used otherwise without the prior permission of the right holder. The use means, among other things: reproduction, copying, processing, distribution on any basis, display in a frame, etc. Exceptions are the cases expressly provided for by the legislation of the Russian Federation.

The User may not reproduce, distribute, process for commercial or non-commercial purposes the elements of the Website that are items of copyright, if the relevant right holders have given no permission to perform these actions.

On the date when the User performs actions under the Acceptance, the User grants New Fashion JSC the Right to Use the Materials and Images in the territory of all countries of the world for the entire duration of the exclusive right, and gives his/her full and unconditional consent to the use by New Fashion JSC of Images for the purpose of making public and further use by New Fashion JSC of the Materials and Images on the Website in order to make potential buyers interested in New Fashion JSC, in the product range, and to boost consumer demand for the goods. The use of the Materials and Images includes, without limitation: reproduction in any material form, making publicly available, public display, processing, distribution on any media and in any way, including on the Internet, or using otherwise Materials and Images in whole or in part, including anonymously, i.e. without specifying the User, the Right Holder, a depicted individual, pseudonyms of the above persons.

New Fashion JSC may make an independent decision to use or stop using the Materials/Images, may publish the Materials/Images on the Website at any time after the Acceptance by the User, and may stop using the Materials/Images at any time and remove them from the Website. All risks associated with publication of the Materials/Images on the Website shall be borne by the User.

The User agrees that New Fashion JSC may place advertising banners and announcements on the pages of the Website that contain the Materials and Images received from the User.

The User may revoke the Right to Use the Materials and Images from New Fashion JSC at any time by sending a notice to the email address: communications@rmixed.ru, or in writing to the location address of New Fashion JSC. Within seven (7) business days from the date of receipt of the notice from the User, New Fashion JSC shall stop using the Materials and Images by removing them from the Website.

New Fashion JSC may remove previously posted Materials and Images at any time at its own discretion and without giving reasons and without prior notice.

The User shall be solely liable for violation of any rights of third parties in the event of the illegal transfer of the Materials and Images to New Fashion JSC under this Agreement.

If an Image of an individual is obtained or used in violation of the applicable legislation of the Russian Federation, this individual, the User, the Materials and Image Right Holder may demand the removal of this image.

The User agrees that the Materials and Images are posted on the Website in the public domain for viewing by an unlimited number of persons who have access to the Website.

Liability for unauthorised copying of the Materials and Images, for illegal use of the Materials and Images published on the Website shall be borne by persons who committed this act.

By accepting the terms and conditions of this Agreement, the User declares and warrants that he/she is the author of the Materials/copyright holder of the Images and/or is duly authorised by the relevant authors/copyright holders to grant New Fashion JSC the Right to Use the Materials/Images, that he/she has all necessary permissions from the authors of the Materials and individuals depicted in the photographs to grant New Fashion JSC the right to use the Materials/Images, and that the User has no obligations to third parties (including authors/other copyright holders of the Materials and/or individuals depicted therein) that prevent and/or make impossible the lawful use of the Materials/Images.

The User warrants that he/she is the duly copyright holder of the Materials and Images or has obtained permission from its copyright holder and from the depicted individual for making public and using the image in the ways and on the terms specified in this Agreement, and in the event of death of the depicted individual, the copyright holder – with the consent of his/her children, surviving spouse, and in their absence – with the consent of parents.

The Materials and Images transferred by the User may not: violate the applicable legislation of the Russian Federation and legally protected interests of third parties; contribute to incitement of religious, racial or interethnic hatred; be indecent or offensive, contain scenes of violence, advertising of narcotic drugs, be pornographic and violate the rights of minors; violate copyrights and related rights of third parties; contain explicit commercial advertising of a trademark on goods that are not goods of New Fashion JSC.

The User shall be solely liable and considers New Fashion JSC free from compensation for damage/losses under claims of third parties made in respect of the Materials/Images and their content. In the event of claims against New Fashion JSC in respect of the Materials/Images and their content from any third parties, the User undertakes to settle such claims and/or lawsuits independently and at his/her own expense or reimburse New Fashion JSC for losses caused by such claims in full.

The User undertakes to reimburse property losses of New Fashion JSC under Article 406.1 of the Civil Code of the Russian Federation in the amount of sums directed to compensate losses incurred by third parties whose intellectual property rights were violated and/or whose right provided for by Article 152.1 of the Civil Code of the Russian Federation was violated, and the User also undertakes to reimburse court costs and costs directed to prepare and conduct court cases, including when engaging consultants (lawyers), including those holding leading positions in their field of professional activity, as well as in the amount of sums directed to enforce court decisions, sums directed to pay sanctions, penalties and fines under relevant contracts.

The User may not transfer, sell, publish, move, reproduce, modify or rework Website materials or use them in any other similar way, either in part or in whole, except with the written permission of New Fashion JSC for the specified actions.

The User shall be solely liable to third parties for his/her actions related to the use of the service, including if such actions result in violation of rights and legitimate interests of third parties, as well as for compliance with legislation when using the service.

New Fashion JSC may take measures not prohibited by law to protect its own intellectual property rights in respect of the Website/Services.

This Agreement in the part of guarantees and User liability is perpetual.

Each Party warrants to the other Party that it has the necessary legal capacity and capacity to act, as well as all rights and powers necessary and sufficient to conclude and perform the Agreement in accordance with its terms and conditions.

This Agreement shall come into force from the date when the User accepts the terms and conditions of this Agreement.

New Fashion JSC makes commercially reasonable efforts to ensure the operation of the Website on a round-the-clock basis, but does not guarantee the absence of interruptions related to technical failures, preventive maintenance, and also does not guarantee full or partial operability of the Website/Service.

For the purpose of collecting statistical data and identifying the User, New Fashion JSC may install and store information about IP addresses of User access.

The Agreement may be amended by New Fashion JSC without any special notice; the new version of the Agreement shall come into force from the date of its posting on the Internet, unless otherwise provided by the new version of the Agreement.

All suggestions or questions regarding this Agreement shall be sent to the Customer Support Service of New Fashion JSC: communications@rmixed.ru, or to the address 10, Presnenskaya Embankment, 123112 Moscow.