The online store elvira-cake-school.com hereby offers individuals to enter into an Agreement for paid access to Video Lessons under the terms set out below.
1. TERMS AND DEFINITIONS
Video Lesson – an audiovisual work, the exclusive right to which belongs to the Right Holder, published on the Website. The Video Lesson includes instructions for preparing a dish (or dishes) and/or a beverage (or beverages).
Video Course – a collection of Video Lessons.
Agreement – a license agreement entered into between the Right Holder and the User.
Access / Access to a Video Lesson / Video Course – the granting of the right by the Right Holder to the User to use the audiovisual work (Video Lesson) in accordance with the terms of the Agreement.
Personal Data – the User’s full name, mobile phone number, and email address.
User – an individual who enters into the Agreement with the Right Holder and becomes the licensee. The User obtains access to the Video Lesson/Video Course solely for personal, family, or household use, and not for business purposes.
Right Holder – the owner of the exclusive rights to the audiovisual work (Video Lesson), acting as the licensor.
Website – the Right Holder’s website: elvira-cake-school.com
2. SUBJECT OF THE AGREEMENT
2.1. Under this Agreement, the Right Holder grants the User access to a Video Lesson or Video Course, and the User agrees to pay the fee for such access.
3. PROCEDURE FOR CONCLUDING THE AGREEMENT
3.1. A User wishing to enter into the Agreement accepts its terms electronically as outlined in this section. The Agreement is concluded by full acceptance of its terms by the User.
3.2. By accepting the terms of this Agreement, the User confirms that they have read, understood, and agreed to all provisions and undertakes to comply with them unconditionally.
3.3. The User and the Right Holder acknowledge the conclusion of the Agreement upon the User completing the following actions:
3.3.1. Visiting the Website and providing their Personal Data via the Website form.
3.3.2. Full payment for access.
3.4. If payment is only partially made, the Agreement is not considered concluded.
4. ACCESS PROVISION AND TERMS OF USE
4.1. The User selects the Video Lesson/Course they wish to access, submits their Personal Data using the form on the Website, and pays the access fee.
4.1.1. The list and descriptions of Video Lessons/Courses are published on the Website.
4.2. Access is granted within 24 hours from the date following payment receipt by the Right Holder.
4.3. Access is provided via a link sent by the Right Holder to the User’s email address, specified in the Website form.
4.3.1. If the User purchases access to a Video Course, the Right Holder may send several links (a separate link for each lesson).
4.4. The User is granted the right to stream the Video Lesson/Course using their device with an internet connection.
4.5. The Right Holder grants only a non-exclusive license for personal viewing. The Right Holder may provide access to any Video Lesson to multiple users at their discretion.
4.6. The User is not permitted to transfer access to third parties, copy, distribute, or otherwise use the Video Lessons.
4.7. The User is not allowed to publicly display the Video Lesson.
4.8. The User agrees to provide a valid email address for receiving the access link.
4.8.1. If the link is sent to the email address provided by the User, but the User cannot access the Video Lesson due to an incorrect email or loss of access, the Right Holder is not responsible. The access period is not extended.
4.8.2. The User and the Right Holder may agree to change the email address. In that case, the original link is deactivated and a new link is sent to the new email address. The access period remains unchanged.
5. ACCESS DURATION
5.1. Access is granted for the period specified in the description of the Video Lesson/Course on the Website.
5.2. The access period begins on the day following the date the link is sent to the User.
5.2.1. Sending the link to both the User’s and the Right Holder’s email addresses shall be considered proof of delivery.
5.3. Once the access period expires, the User’s access is revoked regardless of whether the content was fully or partially viewed, or not viewed at all.
5.4. The Right Holder does not guarantee that the Website will function without interruption, errors, or delays. The access period may be extended for the duration of any technical downtime.
6. ACCESS FEE
6.1. The fee is specified in the offer on the Website for each Video Lesson/Course individually.
7. OTHER TERMS
7.1. Mentions of food products (including beverages), brand names, manufacturers, or kitchen equipment in the Video Lessons do not constitute advertising. The Right Holder is not an agent, representative, or partner of any producer, store, or brand.
The use of specific brands or products is not mandatory for reproducing the recipes.
7.2. The User independently decides:
7.2.1. Whether to prepare the dishes/beverages featured in the Video Lesson;
7.2.2. Whether or not to follow the instructions from the Video Lesson;
7.2.3. Which food brands and kitchen equipment to use.
7.3. The Right Holder is not liable for the User’s decisions.
7.4. The User is solely responsible for deciding whether to consume any food/beverages, considering their own health and that of others.
7.5. The Right Holder does not have medical or dietary qualifications.
7.6. The User is advised to consult with relevant specialists (doctors, nutritionists, etc.) before consuming any food/beverages.
8. DISPUTE RESOLUTION
8.1. All disputes shall be resolved through negotiation before resorting to legal action. A party who believes their rights have been violated must send a claim to the other party, with a response required within 14 business days. Claims may be sent by mail or by email as a scanned copy of the original signed document. The right to file a lawsuit arises if no response is received or if the response is unsatisfactory.
8.2. Legal disputes shall be resolved according to the laws of Ukraine.
9. RIGHT HOLDER CONTACT INFORMATION
Email: info@elvira-cake-school.com
Instagram: @elvira_cake_art