Terms & Conditions
- WEBSITE AND WEBSITE OPERATOR
- WHO WE ARE
- AUTHORITIES, PERFORMING CONTROL ON THE CONTRACTOR
- GENERAL CONDITIONS
- PERSONAL DATA PROTECTION POLICY
- OWNERSHIP AND COPYRIGHTS
- CHANGE OF TERMS & CONDITIONS
- REGISTRATION AND ACCESS TO THE WEBSITE WWW.YESFRAME.COM
- USE OF THE SERVICES, PROVIDED BY THE SITE
- LICENSE AGREEMENT
- PRICES AND PAYMENT
- RESTRICTION OF USE
- PROVIDING SERVICES WITH THE INTERMEDIATION OF YES FRAME Ltd.
- CONTACTS, WRITTEN NOTIFICATIONS
1. WEBSITE AND WEBSITE OPERATOR
1. 1 This website (“website”, “the site”) is owned and is managed by commercial company YES FRAME LTD., UIC 204674151, and is used for the purposes of trade with advertising, music and other types of videos, pictures, illustration, images and other products of the pictorial or graphic works….
1. 2 The site offers, among other things, online sales of advertising, musical and other types of videos, pictures, illustrations, images and other products of the pictorial and graphic works (“Content”). The site provides an option for uploading and downloading advertising, musical and other types of videos, pictures, illustrations, images and other products of the pictorial and graphic works.
1. 3 The client enters into legal relations with YES FRAME LTD., UIC 204674151, which manages the website www.yesframe.com, and through which the client makes the online transactions unless otherwise designated.
1. 4 YES FRAME LTD. is marked hereinafter also as YES FRAME, WE, as all specified phrases refer to the operator of the website www.yesframe.com.
1. 5 The Company performs its activity in compliance with the legislation of the Law of the European Union and according to the legislation of the Republic of Bulgaria (Electronic commerce act, Consumer protection act, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and Personal data protection act).
2. WHO WE ARE
2.1.1 Company name of the Contractor: “YES FRAME” Ltd., UIC: 204674151.
2.1.2. Headquarter and registered office: Sofia, Sredets District, Blvd. “Evlogi i Hristo Georgiev” 41A, floor 3, ap. 5
2.1.3. For contact and correspondence: Sofia, Sredets District, Blvd. “Evlogi i Hristo Georgiev” 41A, floor 3, ap. 5
Phone: +359 889 23 85 68
E-mail: [email protected]
3. AUTHORITIES, PERFORMING CONTROL ON THE CONTRACTOR:
b. Commission for consumer protection:
Address: 4A Slaveykov Sq,. floor 3, 4 and 6, Sofia, 1000, phone: 02 / 980 25 24, 0700 111 22, fax.: 02 / 988 42 18, website: www.kzp.bg.
c. Commission for Protection of Competition Address: 18, Vitosha Blvd., 1000 Sofia, Bulgaria, Phone: (02) 935 61 13, Fax: (02) 980 73 15
4. GENERAL CONDITIONS
4.1. IMPORTANT! Before using our services please examine carefully the Terms & Conditions described below. The access to this site is subject to the abovesaid Terms & Conditions and comprises your explicit consent representing the entire agreement between the parties: YES FRAME Ltd., UIC 204674151, and the CLIENT.
4.2. Terms & Conditions apply to the relationship between you /CLIENT/ and YES FRAME Ltd., they regulate the use of the site and are applicable to all orders placed through our website www.yesframe.com.
4.3. By the use of our site, you agree to the Terms & Conditions and you shall be bound by the rights and obligations laid down in them.
5. PERSONAL DATA PROTECTION POLICY
5.1. IMPORTANT! Please, consider that upon registration on the website, as well as using offered services, you submit personal data. In compliance with the requirements of the new European rules on personal data protection, YES FRAME Ltd. maintains a high standard of protection of your personal data that you provide to the site and provides you the management of the data and pf the consent for their processing. The provider “YES FRAME” Ltd. is the administrator of the personal data that has been provided by the Users or otherwise acquired. The Provider has taken the necessary technical and organizational measures to prevent unauthorized access to personal data provided by you under the General Data Protection Regulation (GDPR), which applies from 25.05.2018.
5.2. What type of data we collect:
• Name, surname,
• Address for issuance of invoice and VAT identification number;
• Phone number, e-mail;
• User name and access data: when you use the services as a registered user;
• Bank account details where payment method by bank transfer is selected by the client.
5.3. Personal data, specified above, that www.yesframe.com collects and processes is used for:
• Identification of the client and connecting the client with orders made;
• Providing the services, ordered by the client;
• For direct or indirect marketing (subject to a Customer`s consent);
• Sending information messages (subject to a Client`s consent)
5.4. How we use the collected personal data:
• We require this information to register you and provide you with the possibility to receive the requested content in order to receive information about our services, to respond to your inquiry, to provide services related to our activity for statistical and marketing purposes (including direct marketing).
• We may not, and will not, disclose your personal data to third parties, unless required by law or by the competent authorities, upon presentation of the relevant identification, as well as pursuant to the respective law provisions;
• We assure you that the team of “YES FRAME” Ltd. takes the necessary care as a good trader and uses advanced technologies to protect
5.5. How and for what period we store the data:
• Your personal data is collected and stored on a server. All personal data we process is processed in Bulgaria but for the purposes of the hosting and maintenance services, this information may also be stored on servers and data-processing sites with whom we have a contract, including outside Bulgaria, within the EU and the United States. Third parties do not have access to your personal data unless required by law. Where necessary to comply with legal requirements and / or to execute orders, some of the collected data, including information for partners and customers, are also stored on paper. We have provided that the necessary level of protection for your data is also respect by our partners, with whom we cooperate.
• The storage of personal data continues as long as we have grounds for its storage – legal requirement, consent, the fulfillment of contractual obligations, according to statutory deadlines for storage, but not more than 15 years. The data you have provided for marketing purposes is retained until you notify us that you no longer wish to receive the relevant information from us but not more than 20 years.
5.6. As a data subject you have the following rights:
• Right to access the personal data, processed by the Provider;
• Right to obtain rectification of inaccurate or uncomplete personal data;
• You may withdraw your consent to process your personal data at any time. IMPORTANT! Please note that some or all of the features or services we offer may become unavailable to you if we stop processing your personal information;
• You may request to be deleted the personal data provided by you that are processed unlawfully or with a legal remedy (expired, withdrawn consent, when processed only on the basis of consent of the entity executed purpose for which they were collected and others) ( ‘right to be forgotten’). The request is made in the following way: by sending an e-mail message: [email protected]
• The right to limit the processing in the event of a legal dispute between the Provider and the data subject until its resolution and/or the establishment, exercise or protection of legal claims;
• The right to receive your personal data in a structured, widely used and machine-readable format and request the transfer of this data to other administrators if this is technically feasible and applicable;
• The right to object to the processing of your personal data for the purposes of direct marketing, as well as to object at any time and on grounds related to the particular situation of the data subject, provided that there are no compelling legal grounds for the processing that have advantage over the interests, rights and freedoms of the data subject or trial;
• The right of the data subject not be subject to a fully automated solution involving profiling that produces legal consequences for him or significantly affects him or her;
• The right to complain to the Commission for the Protection of Personal Data or the competent court;
The aforementioned rights, as well as all rights granted by the GDPR, may be exercised by written or electronic application to the Provider. In the application, you should provide a name, address, and other data to identify you as a data subject, describe your request, your preferred form of communication, and get feedback on the action taken on your request. You need to sign your request, reflect the filing date and the address for correspondence with you.
5.7.1. What are cookies:
Cookies are small text files that are saved on your computer or mobile device. They are used by web developers to help users navigate their websites efficiently and perform certain functions. Due to their core role of enhancing/enabling usability or site processes, disabling cookies may prevent users from using certain websites. The cookie function is to distinguish the user from other users on the same web site or to retain certain information related to his or her preferences. They are used by most sites to make browsing easier.
Each cookie is unique for the browser used and contains anonymous information. The content includes the name of the domain from which it comes, its “life duration” and its value, usually in the form of a randomly generated number.
5.7.2. What kind of cookies uses YES FRAME and to what purpose:
18.104.22.168. Security and identification:
The purpose of the cookies for link security is:
• to identify the user/client within the specific session;
• to control the security;
• to ensure that the information that the user/client enters is only visible to him/her.
Security and identification cookies are automatically deleted after the browser session is terminated or are kept for a limited time to ensure unobstructed use of the site.
22.214.171.124. Efficiency and functionality
Productivity cookies aim to collect statistical information and providing of content suitable to individual user preferences. Through them are measured anonymously the number of visits, viewed pages, visitor activity, and site visits. These cookies help for analyzing the traffic, which allows the improvement of the website, as well as the services offered.
5.7.3. Managing and deleting cookies:
Much of the cookies that are being used will improve browsing on the website, and the rest are important to guaranteeing access security.
Depending on the browser used, the user/client is able to:
• Allow or deny the storage of cookies from all sources;
• Set up a notification that will ask for acceptance or denial on each new cookie;
Most browsers are set to accept default cookies. However, if the user/client does not want cookies to be stored on his/her computer, he/she can limit them by changing the settings of the browser used.
It is important to keep in mind that if cookies are stopped, it is possible that sections and/or services on the site are not working properly!
6. OWNERSHIP AND COPYRIGHTS
6.1. Unless otherwise provided, the website www.yesframe.com, and all its contents, featured or displayed of the sites, including design, texts, graphics, logos, images, audio and video content, software and any other materials, available on the site, are copyrights protected by any applicable intellectual property protection legal acts and are property of YES FRAME Ltd. or their corresponding suppliers of contents. YES FRAME Ltd. is an owner of all intellectual and industrial property and copyrights and any other intellectual property-related rights over the website www.yesframe.com. All and any such rights shall be considered as reserved;
6.2. CLIENTS undertake not to use the website to send or receive any material with illegal, pornographic, obscene, vulgar or religiously incorrect content.
6.3. It is forbidden, on the pages of the website, to publish, send or receive content that would offend, abuse, disgrace, libel or endanger the personality of another person.
6.4. It is forbidden, on the pages of the website, to publish, send or receive material that establishes, encourages or instigates behavior that would be considered a crime, would result in civil or criminal liability or would otherwise violate the law.
6.5. We would like to inform you that the information and the contents of the site displayed at www.yesframe.com are intended for the general public. By placing an order, you declare that you are at least 18 years of age and are not under full or limited disability. We are not responsible nor is it possible to find out what the actual age is, if it is different from the one stated by the Client. Parents are responsible for declaring the purchase of materials and services from their children.
7. CHANGE OF TERMS & CONDITIONS
7.1. YES FRAME Ltd. reserves the right to unilaterally change these Terms & Conditions at our own discretion. YES FRAME Ltd undertakes to inform all registered clients in acceptable terms for such changes.
7.2. You do hereby agree that any YES FRAME Ltd statements regarding changes to the terms and conditions will be posted on the Site or sent to the email address you specify upon registration. You agree that emails sent under these terms and conditions do not need to be signed with an electronic signature to have an effect on your relationship.
7.3. YES FRAME Ltd. undertakes to execute all purchase and sales contracts under the general terms and conditions at the time of signing the contract, regardless of any subsequent changes to the general terms and conditions made after the specific purchase order.
7.4. YES FRAME Ltd publishes these terms and conditions together with any additions and amendments thereto at www.yesframe.com.
8. REGISTRATION AND ACCESS TO THE WEBSITE WWW.YESFRAME.COM
8.1. YESFRAME LTD. reserves the right to limit the access to the website www.yesframe.com or parts of it for visitors that have registration unless otherwise required by the applicable law. As a condition to using the services, provided by the website, the Client is required to register and open an account by filling the respective registration form available on the website www.yesframe.com. The Client must provide correct, accurate and complete information.
8.2. After filling in the registration form and confirmation of the data, indicated in it we send to the client notification to the e-mail designated by them where we indicate how to confirm the registration. The confirmation is required for the Client to receive an end user’s account (personal account) where they may check the status of the orders made as well as the archive of all purchase orders to that moment. As a result of a correctly made registration, the Client gets access to the website www.yesframe.com when entering the e-mail address and the password, chosen or given during the process of registration. In case the Client does not t register a personal account he shall fill in an occasional registration form for every order through the website.
8.3. The client has the right to use only one registration and only one user account within www.yesframe.com. The client does not have the right to use the account/s of other users or grant the possibility to other parties/users to use his/her account. The client doesn’t have the right to willfully create additional registration accounts with the purpose to harm the functionality of the website www.yesframe.com or other users or to try or present themselves as other users.
8.4. You are obliged to provide correct, accurate and up-to-date information upon registration. The Client has the right to change his / her personal data, subject to the above-specified privacy criteria.
8.5. If necessary, the Client undertakes to update their personal details in a timely manner. YES FRAME Ltd. is not responsible should the client is not able to use the services, provided by the website, due to discrepancy, error or misidentification of Client’s personal data.
9. USE OF THE SERVICES, PROVIDED BY THE SITE
9.2. The Client may use licensed content in any way consistent with the rights granted in the License Agreement (below) and not restricted (see Restricted Uses below).
10. LICENSE AGREEMENT
10.1. Please read the terms of this License Agreement (“LA”) carefully before starting to use the services, offer of the website.
10.3. Subject to all terms of this License Agreement, YES FRAME Ltd. grants the Client a non-exclusive, non-transferable right to use the Content; and the Client may use the Content in the creation of Works and modify, reproduce, transmit, or display the Content.
10.4. The rights to use the specific Content are transferred to the Client pursuant to the provision of Copyright and Neighboring Rights Act after the payment of the price, specified on the website www.yesframe.com.
10.4.1. Should the Content contain a portrait image of a person, the Client is entitled to use it for purposes for which consent has been given by the respective person, his/her parent or guardian. An electronic image of the consent is provided to the Customer together with access to the Content. The content may be used without the consent of the respective person, her/his parent or guardian for the following purposes: where the image is made in the course of the public activity of the respective person or in a public place; the image of the person is only detail in a work showing a meeting, procession or landscape; the respective person has received remuneration to pose unless otherwise agreed between the author and the person. Please contact YES FRAME for more information before purchasing such Content.
10.4.2. Should the Content contain an image of a property, including animal/s, owned by a specific person, the Client is entitled to use the Content for the purposes for which consent has been given by the owner of the property. An electronic image of the consent ( if available ) is provided to the Customer together with access to the Content. Please contact YES FRAME for more information before purchasing such Content.
10.4.3. Should the Content contain an image of a property representing a cultural value within the meaning of the Cultural Heritage Act, its use for commercial purposes by the Client can only be done with the consent of the owner, the director of the museum respectively. The Content may be used of the Non-Commercial Content for Personal Purposes with a representative, educational, and scientific purposes without consent. Please contact YES FRAME for more information before purchasing such Content.
10.4.4. In all cases above should the Client intends to use the Contents for Commercial purposes or purposes other than those for which the Consent was given, the Client should obtain the respective Consent from the entitled person. YES FRAME is not responsible for obtaining such or additional Consent.
10.5. The conclusion of the license agreement and granting the right of use of the Content can only be made via the website www.yesframe.com. After declaring that has read and agreed with the License Agreement the Client will have to go through several easy steps to conclude the agreement. For the final step, the Client will have to confirm the order by clicking the “Purchase” button. The button will clearly indicate that the submission of the order results in an obligation on the part of the Client to pay for it. Before confirming an order, the Client will always be informed of the total price to be paid and always have the opportunity to check and eventually adjust the order.
10.6. The License Agreement between the Client and YES FRAME is concluded only upon acceptance of the order, made by the Client, from YES FRAME Ltd. The Client shall acquire the right under the license agreement only with regards to those part of the Content for which YES FRAME has accepted the Client’s order. YES FRAME shall confirm the acceptance of the order by sending an email.
10.7. By accepting the order from YES FRAME and proceeding the payment by the Client, the latter shall receive a link to an address from which he can download the Content, subject to the order. The link shall be active for a period of 72 (seventy-two) hours, and after its expiration, the access to the Content via the sent link will be suspended. Upon expiration of the term of the link, the Customer shall have access to the purchased Content in her/his account on the site www.yesframe.com without limitation of time.
10.8. The Client acknowledges and agrees that by confirming the order, he has become familiar with the description and the characteristics of the Content and with the conclusion of the License Agreement and the obtaining of the rights on the Content, the service is fully provided by YES FRAME LTD, therefore It is not possible for the Client to withdraw from the contract.
11. PRICES AND PAYMENT
11.1. YES FRAME reserves the right to change the prices of the services/Content available on the website at its sole discretion at any time without obligation to notify the Client in advance.
11.2. The Client undertakes to pay the price of the item specified at the time of the conclusion of the License Agreement, whether the current price of the product is lower or higher.
11.3. YES FRAME works with payments as follows:
• by bank card with PayPal (debit or credit card),
• payment by PayPal
• by bank transfer to the following bank account: BG17FINV91501017058788
11.4. After the payment is proceeded and the amount of the price is received by YES FRAME the Client may download the Content and use it according to the Terms and Conditions of the License agreement.
12. RESTRICTION OF USE
12.1. The Client is not allowed to use content in a pornographic, offensive or another unlawful manner, or in violation of any applicable regulations, as well as I violation of principles of morality.
12.2. The Client may not falsely represent that is the original creator of a work that is made up largely of content, subject to the License Agreement. The Client cannot create artwork based solely on content, subject to the License Agreement and claim that is its actual author.
13. PROVIDING SERVICES WITH THE INTERMEDIATION OF YES FRAME Ltd.
13.1 YES FRAME may mediate for contacting Clients and Authors in cases in which the Client is interested in assigning the production of a certain product or receiving a service from a specific Author.
13.2 The mediation of YES Frame includes: assistance in contacting; assistance in case the parties wish the finished product / service to be received through the platform; other types of assistance in communication between the Parties if necessary and possible on the part of the YES FRAME. YES FRAME may not be obliged to assist when additional costs are involved. In the event that additional costs are required to be made by the YES FRAME, they should be paid at the expense of the person whose fault / in whose favor they were incurred.
13.3 The Author’s remuneration shall be paid by the Client to YES FRAME. YES FRAME has the obligation to transfer it to the bank account specified by the Author after deduction and payment of the due taxes and insurances in accordance with the applicable Bulgarian legislation, as well as after deducting the commission agreed between YES FRAME and the Author.
13.4 YES FRAME is not liable for the performance of the contract, either in terms of quantity, nor quality or delay. The responsibility for the proper execution of the Client’s order remains entirely with the Author. Responsibility for accurate performance in respect of the agreed remuneration remains solely with the Client.
14. CONTACTS, WRITTEN NOTIFICATIONS
14.1 YES FRAME Ltd. may contact you by mail or provide you with information by posting it on the Website.
14.2 All notifications the Client send to YES FRAME must be using the contact form of the website.
14.3 In order to substantiate the fact of making any notice, it will be sufficient to prove (i) in the case of Email that this email has been sent to the address of the addressee, and (ii) in case of publication of information on our Website that this information is provided in an appropriate manner, given the content of the information.
14.4 By using the Website ww.yesframe.com, you agree that communication with us will be primarily electronic. For contractual purposes, you agree to these electronic means of communication and confirm that all contracts, notifications, information and other communications we have provided electronically comply with the requirements of the law on compliance with the written form unless the applicable Law does not allow such confirmation. We and You further agree to acknowledge in our mutual relations written communication as if with a handwritten signature (i) the validity of electronic signatures under the applicable law and (ii) any information in electronic form added or logically linked to an electronic statement able to establish its authorship, including the use of a specific profile, unless the applicable law limits such recognition.
15.1 The Content is provided “as is”. YES FRAME Ltd. offers no warranty, explicit or implied, regarding the accuracy of any information, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
15.2 YES FRAME does not represent or warrant that the website or the images will meet your requirements or that their use will be uninterrupted or error free.
15.3 YES FRAME shall not be liable to you or to any other person or entity for any damage, or lost profits or any other damage, costs or losses arising out of your use of the website or the Content.
For any issues not regulated in these general conditions, though related to the implementation and interpretation of these general conditions the Laws of Republic of Bulgaria shall apply.
All disputes relating to these general conditions that the parties have failed to resolve through negotiation and by mutual agreement will be resolved by the competent court.
Date of last update: 04.02.2021