End User Agreement on the Procedure of Giving Access to SetQuest Portal Information and Services
1. 1. Terms and Definitions
Website Administration (the Administration) means Limited Liability Company «SetQuest» (LLC «SetQuest») (Identification Taxpayer’s Number (INN) 5044110391, Principal State Registration Number (OGRN) 1175007014951) which was created and is existing in accordance with the laws of the Russian Federation. The Website Administration offers the services available on the Website on the conditions which are the subject matter of this Website Use Policy https://setquest.com/ (further – the Policy). Please read the terms and conditions of this Policy attentively which are treated by the Website Administration as a public offer according to article 437 of the Civil code of the Russian Federation. Any use of the site by the User shall be deemed as a Registration of the User and shall mean that the User accepts this Policy «as it is» unconditionally without any reservations or exceptions. Any User doing any actions on the Website, including any quest performance or data viewing, shall be deemed as one who has accepted the terms and conditions of this Policy according to article 438 of the Civil code of the Russian Federation.
The User is informed that if he/she is under 14 years old, he/she shall be registered on the Website with the approval of the User’s Parents; the User is obliged to make the Parents be aware of the terms and conditions of the Policy before registration. Any User registered on the Website without such Parents’ approval may be deprived of the access if the User’s Parents send a message to the electronic address: firstname.lastname@example.org that it is inadmissible to use the service.
User Account is a user account which is created at the moment of registration on the Website or at the moment of authorization by means of any social network/messenger which allows the Administration to identify (to authorize) the User. The login and the password to get access to the Account shall be fixed by the User on his/her own at the moment of registration and may be changed in accordance with the procedure specified in the relevant section of the Website.
Audience (target audience of the Website) means all Users who can use the Website and the Website services.
Content means elements of design, illustrations, graphic images, scripts, computer programs (including games and applications), videos, music, sounds and other objects independently whether they are resulted from the intellectual activity, the rights on which belong to the Administration, the Users, the Partners of the Administration or any other persons.
Personal Messages mean any electronic messages sent by one User to another and which are inaccessible for other persons and which are sent and received by means of the User’s Account Profile.
Complaint means a message sent by the User telling about all cases of breach of the Policy, including but not limited by any message about any unauthentic indication of the user’s data, any attempt to place any tasks which infringe the honour, dignity and business reputation, attempts to compel to do any tasks, any facts of insult of any human, moral and physical compulsion, distribution of the information discrediting the honour and dignity, any other information which is undesirable for the User as well as any actions breaking third parties’ rights and interests protected by the law, including but not limited by any breach of copyrights, adjacent rights, industrial property rights, trade secret and other interests protected by the law.
Partner of the Administration means any individual (an individual businessman) or a company who/which are the developers or operators of any project, advertisement and/or applications (the Administration Partner’s Service).
User’s Account Profile (the Profile) means a part of the Website containing a part of the User’s information placed in the User’s Account (including the User’s photos, the User’s activities, etc) which is inaccessible for other Users. The Profile is used for the purposes of Personal messages exchange, performance of tasks, interaction with the service and other activities.
User of the Website (the User) means any individual accessing to the Website by means of the Internet and accepted the Policy in accordance with the established procedure.
Policy means an agreement which sets the conditions and the procedure of the Website use which regulate all relations arising between the Administration and the User. According to article 437 of the Civil code of the Russian Federation (further – the CC RF) the Policy is a public offer addressed to the User by the Website Administration. Registration of the User shall be deemed as a full and unconditional acceptance of the Policy.
Website means a set of web-pages placed in the Internet united by one topic, design and one domain address space https://setquest.com/ (and/or other domains which may be used by the Administration for this purpose). The home page of the Website by means of which the access to all other web-pages of the Website can be provided is placed in the Internet at the address https://setquest.com/address (or any other address which may be informed by the Administration).
Service means a project, application or any other content or service of the Administration (the Administration Service) or the Administration Partner (Administration Partner’s Service) placed on the Website or the Internet site of the Administration Partner.
2. 2. Website Use Policy Status
2.1. This Website Use Policy has been developed by the Website Administration and sets out the terms and conditions of use and development of the Website as well as the rights and duties of the Users and the Administration. The Policy shall cover all and any relations connected with rights and interests of third parties who are not the Users of the Website but whose rights and interests can be affected by the Users’ actions on the Website.
2.2. This Policy is a legally binding agreement between the User and the Website Administration the subject matter of which is that the Website Administration gives the User the services connected with the use of the Website and its services (further – the Services). Apart from this Policy, the agreement between the User and the Website Administration shall include all special documents regulating rendering of some services of the Website and placed in corresponding sections of the Website in the Internet.
2.3. The User shall be obliged to familiarize with this Policy completely till the moment of his/her registration on the Website. Registration of the User on the Website shall mean full and unconditional acceptance of this Policy by the User according to article 438 of the Civil code of the Russian Federation.
2.4. This Policy may be changed and/or amended by the Website Administration unilaterally without any special notification. This Policy is an open and public document. The current version of the Policy is placed in the Internet to the address: https://www.setquest.com/terms-of-use/. The Website Administration recommends to its Users to check the terms and conditions of this Policy regularly concerning any change and/or addition thereof. If the User continues to use the Website after modification and/or amendment of this Policy, this shall mean that the User has accepted and agrees with such modifications and/or amendments.
3. 3. Website Status
3.1. The Website https://setquest.com/ is an Internet resource and represents a set of the information and the computer programs contained in the information system providing availability of such information in the Internet at the network address https://setquest.com/address.
3.2. All rights on the Website, in general, and all rights on the use of the network address (the domain name) https://setquest.com/ belong to the Website Administration. The latter gives access to the Website to the interested persons within the frame of the target audience according to this Policy and the current laws of the Russian Federation.
3.3. The User shall have rights to use the Website only if the User has accepted the conditions set out in the Policy in accordance with the procedure provided by the Policy. To be able to use the basic functional of the Website, the User creates the Account. If the User is under 14 years old, the User shall create an Account or use the services of the Website with the approval of Parents.
3.4. While registering the Account, the User shall specify actual and authentic information, including a surname, a name, a sex, a date of birth and other information. To enter the Website, the User shall form unique login details – a login and a password which shall be the confidential information and shall not be subject to disclosure, except the cases provided by the current laws and/or the Policy or shall be authorized by means of a social network/a messenger. The User shall bear the risk of any fraudulent and other wrongful actions with the User’s Account in connection with any loss of the password. It is recommended to the User to choose such password which will be quite complicated in order to avoid any chance of guessing thereof by third parties.
3.5. The User’s details specified by the User in the course of registration, namely a surname, a name, a date of birth, a residence city, a place of education and any other information given in the Account and the User’s Profile (further - the user’s details), e-mail specified in the public profile received by means of the API social networks/messengers shall be processed by the Administration for execution of the Policy, provision of the targeted advertising and Services, rendering of services to the User by means of the Website and the Administration Partner’s Services provided that the Website Administration has only right to transfer depersonalized statistical details to the Administration Partners.
3.6. Accepting the Policy and placing the details in the Account, the User expresses his/her consent to processing and storage of the User’s details given by the Administration, to placement of the user’s details in the User’s Profile as well as that the user’s details reflected in the Profile will be considered as public.
3.7. The purpose of processing and storage of the user’s details shall be rendering Administration services to the User, enabling to use the Services, holding of advertising campaigns, provision of the target advertising and Services, statistical research and analysis of received statistical data, doing any other actions described in the Policy and relevant sections of the Website.
3.8. The User’s details shall be processed and stored from the moment of registration of the User’s Account and till the moment of removal thereof.
3.9. The User agrees that the Administration, in the course of processing and storage of the user’s details, shall have right to do the following actions with the user’s details: collection, systematization, accumulation, storage, use, transfer of depersonalized statistical data to third parties, destruction and other actions which are necessary for the purpose of execution of the Policy and implementation of the Services.
3.10. After registration (authorization) of the Account, the User shall have right to fill in the Account (and/or the Website) with the Content, to add photos and other materials according to the given functional, to enter communities and to have other rights given by the Administration provided that the User complies with the Policy.
3.11. The User understands and agrees that the Information placed in the User’s Account is accessible for familiarization to other Users through the User’s Account Profile (Profile).
3.12. The logon on the Website by the User who has registered the Account before shall be done by passing the authorization procedure every time i.e. introduction of the User’s login and password, following the hyperlink received by e-mail as a result of an automatic authorization with application of the cookies-technology or by other ways, including with the use of social networks and messengers.
3.13. The person who has authorized on the Website shall be deemed an appropriate owner of the User’s Account who has got an access to use and operate it as a result of such authorization.
3.14. When the User accesses the Website, cookies-technology may be used for the purpose of automatic authorization of the User on the Website as well as for the purpose of collection of statistical data, particularly, on attendance of the Website.
3.15. The User shall have right to limit or forbid cookies-technology use by browser configuration.
3.16. If it is impossible to authorize due to the loss of the password, profile blocking or for any other reasons, the User shall be entitled to address to the support service of the Website Administration or to follow the instructions placed in Help section and other sections of the Website. The ways of restoration of the access to the Account, of authorization of the User may be modified, cancelled or added by the Administration unilaterally.
3.17. The Website Administration shall provide 24/7 functioning of the Website, however, fails to guarantee absence of the breaks connected with technical malfunctions or preventive work. The Administration does not guarantee that the Website or any Services will function during any specific time in the future or that they will not stop working.
3.18. The Website and the Services, including all scripts, applications, the Content and the design of the Website are given «as it is». The Administration fails to guarantee that the Website or Services are suitable for any specific goals. The Administration cannot guarantee and does not promise any specific results from use of the Website and/or Services. The Administration does not guarantee that the Content situated on the Website, including the one placed by other Users, complies with the User’s individual idea about the moral.
3.19. While using the Website, the User shall be obliged to observe safety precautions concerning the Content, especially the Content placed by the Users, other materials and information; when following any hyperlinks placed on the Website; while using any files, including the software, in order to avoid negative influence on the User’s computer by any malicious software, unfair access to the Account, guessing the password and other negative consequences for the User.
3.20. While placing the Content on the Website, the User gives the Administration of the Website and/or the Administration Partners and/or other Users the right of use of the given Content on the terms of a free non-exclusive license for all the period of the exclusive right for the relevant Content in the territory of all the world by any ways which are necessary within the frame of the corresponding Services, including the paid ones but not limited by general publication, viewing, reproduction, transfer and processing.
3.21. The procedure of service rendering to the User, the cost thereof, the procedure of acquisition, giving and writing off points, use of the Administration and/or Administration Partners’ Services are given in the corresponding sections of the Website and/or the Service.
3.22. Administration is using third party advertising companies to display adverts to the User, when the latter visits the Website www.setquest.com/. These companies may use the information (excluding name, address, email or telephone number of the User) about the User’s visits to this or other websites in order to display adverts for goods and services that will be interesting to the User. In order to receive more information about this or about how not to provide such information to the above-mentioned companies, please follow the link www.wmgroup.us.
4. 4. Website Registration Policy.
4.1. Any registration of any User on the Website shall be free, voluntary and shall be done in the Internet at: https://setquest.com/. In the course of registration, the User undertakes to specify the authentic user’s details from open sources as well as to use the authorization form via a social network.
4.2. In the course of registration on the Website, the User shall be obliged to give the Website Administrations all necessary authentic and actual information for formation of the User’s Account Profile, including the User’s login which is unique for each User (an e-mail address or a combination of Latin letters and figures to logon the Website) and the access password to the Website, his/her surname and name. The registration form of the Website may request additional information from the User.
4.3. The User shall bear responsibility for reliability, up-to-date status, completeness and conformity of the information given in the course of registration to the laws of the Russian Federation as well as that it is free from any third parties’ claims.
4.4. After provision of the information specified in 4.4 hereof, the User shall undergo some authentication procedures, namely, (a) to confirm the registration by recognition of an automated test intended for distinction of computers and people («authentication code»); (b) to confirm his/her registration by activation of the Account Profile by means of a message sent by the Website Administration to the User’s e-mail; (c) to confirm registration by entering the code into the corresponding form on the Website which has been received by the User in the form of a sms from the Website Administration on the User’s mobile telephone the number of which has been given by the User. If all registration actions on the Website are made properly, the User’s Account Profile shall be created on the Website which shall have the network address like: https://www.setquest.com/ru/lk/LOGIN/general/. The User shall have right to assign a short (subdomain) name to the Account Profile replacing a serial ID number when addressing in the Internet. Any such subdomain name may not include any words or names the use of which is forbidden according to this Policy, current laws of the Russian Federation and international regulations, including but not limited obscene words, any names registered as trade marks (independently what class it has under the International Classification of Goods and Services), company names and commercial designations if the user fails to have exclusive rights on them. If any breach of this condition is revealed, the Administration shall have right to forbid the User to use the subdomain name assigned to him/her, including if it is applicable, to transfer the right of use thereof to the appropriate person (the legal rightholder’s representative). The User shall have not right to register more than one Account Profile on the Website.
4.7. In the course of registration (authorization), the User shall accept this Policy and undertake the rights and duties connected with use and functioning of the Website specified therein. The User shall get the full rights to use the Website Services provided that the User fills in more than for thirty percent of the Account Profile.
4.8. After successful registration of the User on the Website, the Administration shall undertake rights and duties specified in this Policy before the User.
4.9. The User’s details shall be processed according to the laws of the Russian Federation. The Website Administration shall process the user’s details for the purpose of service rendering to the User, including for the purpose of User’s reception of any personalized (target) advertising; check, research and analysis of such data allowing to support and improve services and sections of the Site as well as to develop new services and sections of the Site. The Website Administration shall take all necessary steps to protect the user’s details against any wrongful access, change, disclosure or destruction. The Administration shall only give access to the User’s open data to such employees, contractors and agents of Administration who needs such information for maintenance of functioning of the Website and granting of Services to the User. The Website Administration shall have right to use the information given by the User, including the user’s details for the purpose of compliance with the requirements of the current laws of the Russian Federation (including for prevention and/or suppression of any illegal User’s actions). Any disclosure of the information given by the User may only be made according to the current laws of the Russian Federation upon the court’s request, law enforcement bodies as well as in other cases provided by the laws of the Russian Federation. As the Website Administration shall process the User’s details from the open sources (social networks) for performance of the agreement entered into between the Website Administration and the User on service rendering by virtue of the laws on personal data, no User’s consent for the data processing is required.
4.10. The login and the password chosen by the User are necessary and sufficient information for the User’s access on the Website. The User shall have no right to transfer his/her login and password to any third parties as well as shall bear full responsibility for their safety, choosing the way of storage thereof independently. The User may allow to store the login and the password on the hardware used by the User (with cookie-files use) for further automatic authorization on the Website.
4.11. If the User fails to prove the opposite, all and any actions done with his/her login and password, shall be deemed done by the corresponding User. In the event if any unauthorized access to the login and the password and/or the User’s Account Profile or disclosure of the User’s login and password take place, the User shall be obliged to inform the Website Administration about that immediately in accordance with the established procedure.
4.12. After registration, the User shall get the right to create, use and set the content of his/her own Account Profile and conditions of access of other Users independently and for his/her personal non-business objectives as well as shall be enabled to get access to and to place the information on the account profiles of other Users (provided that the User has received the corresponding access rights from their owners), to use social widgets https://setquest.com/ on third party sites without any additional authorization. If the User uses social widgets, such third party sites shall not be provided with any data about the User’s login and password as well as no his/her privacy protected data.
4.13. The User, acting as the legal rightholder of the information placed on his/her own Account Profile, understands that except the cases established by this Policy and the current laws of the Russian Federation, the Website Administration shall not take part in formation and use of the content and control of access to the User’s Account Profile by other users.
4.14. Concerning his/her personal information, the User shall have right: (a) to delete any information earlier placed by the User on the Website independently on his/her own; (b) independently and on his/her own, to delete the User’s Account Profile by means of the functional option called «Remove the Profile» which is accessible to the User in «My Options» section.
5. 5. Rights and Duties of Website Administration
5.1. The Website Administration possesses all necessary rights on the Content of the Administration (including concerning computer programs, databases, information materials, graphic images which are the elements of the user interface making the part of the Site), the firm name, trade marks (service marks), logos and other distinctive signs of the Website Administration.
5.2. The Website Administration shall administer the website, determine the structure, the appearance thereof, shall allow or limit User’s access to the Website as well as shall exercise any other rights belonging to it.
5.3. As far as to enable interaction between the Users is concerned, including to enable any independent actions to be done by the Users on the Website, the Website Administration shall only act as a person who has only organized a technical opportunity of such interaction, and any transfer connected with any such interaction, storage and provision of access by the Internet to the information given by the Users, graphic images and other materials, shall be done without any modification of such materials or influence by the Administration on them.
5.4. The Website Administration shall take decisions regarding the procedure of placement of advertising on the Website, participation in partner programs, etc.
The Website Administration shall have right:
5.5.1. to change the Site design at any time, as well as the Site content, the list of Services, to modify or supplement any used scripts, software, the Content of the Administration and other objects used or stored on the Website, any server applications with or without notification of the User;
5.5.2. To delete any Content without any reasons and without any notification, including the Content which at the discretion of the Administration breaks and/or can break the laws of the Russian Federation, the Policy, other User’ or the third parties’ rights, to do harm or to threaten safety;
5.5.3. At his/her own discretion, to delete any information (including the User’s Personal messages, comments to Users’ photos, statuses, other information and other materials), including the ones placed by the User on the Website in breach of the laws of the Russian Federation or the Policy;
5.5.4. To suspend, restrict or stop access of the User to all or to any of Site sections, communities, groups on the Website, to the Services of Administration and/or Administration Partners’ Services, to delete communities created by the Users and groups at any time without any explanation of the reasons with or without the prior notification;
5.5.5. To remove the User’s Account at its own discretion, including if the User does any actions which breaks the laws of the Russian Federation or the Policy;
5.5.6. To render paid services to the User. The prices, the procedure and the terms and conditions of rendering of such services are described in corresponding sections of the Site and/or Administration Services. Administration Partners’ Services shall be written according to the agreement entered into between the Administration Partner and the User;
5.5.7. To send messages to the Users (including messages by e-mail, sms, etc.), which are the notifications on introduction of new services or cancellation of old services, approval and publication of new edition of the Policy, on new Personal messages, comments to photos and statuses in the User’s Profile, etc., containing the advertising information on the Services of the Administration and Services of the Administration Partners.
5.6. The Administration shall not consider or resolve any disputes or conflict situations arising between the User or between the User and the Administration Partner in the course of the User’s use of any Administration Partner’s Service, however, the Administration, at its own discretion, may assist in the settlement of any such arisen conflicts. The Administration shall have right to suspend, restrict or stop access of any User to the Website, if a lot of complaints are received from other Users regarding the incorrect behaviour of the given User on the Website.
6. 6. User’s Rights and Duties
6.1. The User shall have right:
6.1.1. To make settings of the Account and the Profile, to change a login and a password for access to the Account;
6.1.2. To place any information in the User’s Account, to add photos, statuses, to assess and give comments to the photos and statuses of other Users;
6.1.3. To search other Users in the communities of Users, including with the help of the information known to the User and the corresponding information placed by the User in question on the Account Profile;
6.1.4. To use Services of the Administration and of the Administration Partners;
6.1.5. To send and receive Personal messages, to add messages in the forum;
6.1.6. To moderate the photos placed on the User pages of other Users. Such right may be exercised by the User who has subscribed for the moderation by changing corresponding Account settings;
6.1.7. To consume the services rendered by the Administration and/or the Administration Partner, including on special conditions in case of points use;
6.1.8. To do other actions which are not forbidden by the laws of the Russian Federation or the Policy which are connected with the use of the Website.
6.2. The User undertakes:
6.2.1. At the moment of Account registration, to specify the authentic data; while using the Services of the Website the User is obliged: to observe regulations of the current laws of the Russian Federation, this Policy and other special documents of the Website Administration; to give authentic, full and actual data while registering, to maintain them updated.
6.2.2. To take necessary measures for maintenance of confidentiality of login details (a login and a password) used for access to the Account, to be careful not to leave the password in the browser (including if the cookies-technology is used) if the computers used by other persons; to inform the Website Administration about any unauthorized access to the Account Profile and/or about unauthorized access and/or use of the User’s password or login; not to let other Users access his/her own Account Profile or to some information contained there if it may entail any breach of the laws of the Russian Federation and/or this Policy, special documents of the Website Administration.
6.2.3. Not to place any photos where other persons are depicted apart from the User without their preliminary consent, except the cases when according to article 152.1. of the CC RF such consent is not required; not to place any information and objects (including references to them) in the Account Profile which may break the rights and interests of other persons; before to place any information or objects (including but not limited any images of other persons, another's texts with various contents, audio records and video films) to check whether it is legal or not to place them. If there is any doubt concerning the legality of such actions, including placing of such information or access granting, the Website Administration recommends not to do that.
6.2.4. To keep secret and not to disclose to other Users or third parties any user’s details which have been disclosed to him/her as a result of a dialogue with other Users and any other use of the Website (including but not limited home addresses, telephone numbers, e-mail addresses, ICQ, passport details, bank details) and the information regarding other Users’ and third parties’ private life without reception of the corresponding preliminary approval of the latter; to backup information important for the User stored in its Account Profile.
6.2.5. To notify the Website Administration about all cases when any action has been done regarding the User which may be regarded as offensive, humiliating, discrediting, etc.;
6.2.6. Not to do any forbidden actions specified in section 7 of the Policy;
6.2.7. Periodically to read the Policy in the Internet at: https://www.setquest.com/ru/terms-of-use/ and to follow the modifications thereof.
7. 7. The User must not
7.1. collect other Users’ details;
7.2. use any automatic or automated means for collection of the information placed on the Website;
7.3. carry out propagation or propaganda which excites any social, racial, national or religious hatred or enmity, propagation of war, social, racial, national, religious or language superiority;
7.4. place on the Website or to transfer in the Personal messages any restricted information (confidential information, the information which constitutes the state secret)to any third parties if the User fails to possess the sufficient rights by virtue of the law or the disclosure agreement entitling to disclose such information;
7.5. give access to other Users to his/her own Account Profile or to some specific information contained in it if it may entail breach of the laws of the Russian Federation and/or this Policy, special documents of the Website Administration; not to place any information or objects in the Account Profile (including any references to them) which may break other persons’ rights and interests; before to place any information or objects, (including but not limited any images of other persons, another's texts of various contents, audio records and video films) to assess the legality of placement thereof before;
7.6. place, reproduce, copy, process, distribute, publish on the Website, disclose to general public, download, transfer, sell or use in any different way the whole or parts of the Content of Administration, of the Administration Partners, of other Users and third parties without their prior approval, except the cases established by the Policy, the current laws of the Russian Federation as well as the cases when the legal right-holder has evidently expressed his approval of free use of his/her/its own Contents by any person. Loading music, video or another Content onto the Website as well as placing the Content on the Website by any other means, the User confirms that he/she has all rights which are necessary for that, including the right to disclose it to general public that such placing fails to break and will not break any rights and legitimate interests of legal rightholders or third parties, and that all necessary approvals and the consent from corresponding legal rightholders and third parties have been received in accordance with the established procedure. No Content is allowed to be placed on the Website if the User has no relevant rights and/or the approval from the legal rightholder for this purpose. The User agrees that loading the Content on the Website, the User automatically gives access to it to other registered Users. The Administration shall act only as the instrument allowing the User to provide access/to disclose the Content to general public;
7.7. place on the Website for open access (at a forum, in the comments and/or statuses) or to transfer in Personal messages any text messages, graphic images or other materials the contents of which is offensive for other Users or other persons or may be regarded as such, as well as any messages, images and other materials which discredit the Users or other persons, contain threats, discredits, offends, discredit the honour and dignity or business reputation or breaks inviolability of other Users’ or the third parties’ private life; break the rights of minors; are vulgar or obscene, contain obscene words, pornographic images or sexual texts or scenes with participation of minors; contain a violence scene or brutal animal treatment; contain any description of means and ways of the suicide, any instigation to it; propagate and/or promote racial, religious, ethnic hatred or enmity, propagate fascism or ideology of the racial superiority; contain extremist materials; propagates criminal activity or contain advice, instructions or guidance how to commit criminal acts, contain advertising or describe appeal to use drugs, including «digital drugs» (the sound files affecting the human brain via binaural rhythms), information on spread of drugs, recipes of drug production and advice how to use it; are fraudulent; break the rights and interests of citizens and companies or any requirements of the laws of the Russian Federation.
7.8. place any messages, graphic images or other materials on the Site (including ones which are unauthentic) the placement of which may do harm to the honour, dignity and business reputation of the citizen or the business reputation of any organization;
7.9. place any messages on the Website which contain obscene words and expressions;
7.10. place pornographic materials on the Website or hypertext references on the Internet sites containing such materials;
7.11. place user’s details on the Website, including any contact details of other Users or other persons without their preliminary approval;
7.12. while registering the Account, specify or enter obviously false or invented information on, in particular another's or invented name or surname; to mislead Users about his/her personality using other registered User’s login or password; to give wrong details about the identity and the age.
7.13. In any way, including but not limited, by deceit, breach of confidence, breaking, try to get access to another User’s login and password.
7.13. place on the Website, as his/her own photo, the image of other persons or invented characters, the image of animals, objects, abstract images, any other graphic images which are not the User’s images who is placing the given images;
7.14. register the User Account for the purpose of use thereof by a group of persons or the organization;
7.15. place any other information which, in the personal opinion of the Administration, is undesirable, fails to comply with the purposes of creation of the Website, breaks the interests of the Users or for any other reasons is undesirable to be placed on the Website.
7.16. register more than one User Account by the same person;
7.17. place text messages, graphic images and other materials which contain advertising on the Website in the open access without preliminary approval of the Website Administration, to transfer the above mentioned in Personal messages without preliminary approval of the User;
7.18. do any other actions destined to destabilize functioning of the Website, do attempts of unauthorized access to management of the Website or its closed sections (to sections, access to which is only allowed by the Administrations), do any other similar actions;
7.19. provide unauthorized access to other Users’ Accounts by guessing and entering a password, undertake attempts of such access;
7.20. use the Website in any commercial objectives without a preliminary approval of the Website Administration, except the cases provided by this Policy;
7.21. send spam - mass dispatch of commercial, political, advertising and other information (including the hyperlinks which lead to the Internet sites with such information and/or on Internet sites containing any malicious software) in Personal messages, comments, messages at forums of the User Account Profiles, etc. if Users-addressees fail to express their consent to receive such information;
8. 8. Intellectual Rights Conditions
8.1. Exclusive rights to the Content placed on the Website.
8.1.1. All objects placed on the Website, including design elements, text, graphic images, illustrations, videos, scripts, programs, music, sounds and other objects and their selection (further - the Content) shall be the objects of exclusive rights of the Administration, the Users of the Website and other legal rightholders, all rights on the above mentioned objects are protected.
8.1.2. Except the cases established by this Policy and the current laws of the Russian Federation, no Content may be copied (reproduced, processed, distributed, displayed, published, downloaded, transferred, sold or by a different way used as a whole or in parts without a preliminary approval of the legal rightholder, except the cases when the legal rightholder has evidently expressed his/her/its consent with the free use of the Content by any person.
8.1.3. The User, placing the Content on the Website belonging to him/her on the legal basis, shall give a non-exclusive right to other users to use it by viewing, reproduction (including copying), processing (including to print copies) and other rights exclusively for the purpose of personal noncommercial use, except the cases when such use causes or may harm the interests of the legal rightholder protected by the law.
8.1.4. Any use of the Content by the User access to which has only been received for personal noncommercial use is allowed provided that all authorship signs (copyrights) or other authorship notices are kept, the author’s name is kept, the product is kept invariable.
8.1.5. Apart from his/her own Content, the User shall not have any right to load or otherwise disclose to general public (to publish on the Website) the Content of other Sites, databases and other results of intellectual activity if there is no express consent of the legal rightholder to do such actions.
8.1.6. Any other use of the Website or the Content, except the one which is authorized by this Policy or in case of express consent of the legal rightholder to such use, is strictly forbidden without a preliminary written approval of the legal rightholder.
8.1.7. Unless otherwise is provided in this Policy, nothing in this Policy may be deemed as transfer of exclusive rights on the Content.
8.2.1. The User shall bear personal liability for any Content or other information which he/she loads or otherwise discloses to general public (publishes) on the Website or with its help. The User shall have no right to load, transfer or publish the Content on the Website if he/she has no corresponding rights to fulfill such actions which are to be acquitted or transferred to him/her according to the laws of the Russian Federation.
8.2.2. The Website Administration may but is not obliged, upon request of the Users and the third parties, to check the Website regarding the presence of any forbidden Content on it and may delete or remove (without any notification) any Content or Users at its own discretion, for or without any reason, including without any restrictions to remove or transfer any Content which, in the opinion of Administration, breaks this Policy, the laws of the Russian Federation and/or may break the rights, to harm or threaten safety of other Users or third parties.
8.2.3. Placing his/her Content on the Website, the User shall give the Administration the right to copy the Content for the purpose of streamlining and simplification of the publication and storage of the user Content on the Website.
8.2.4. Placing the Content in any part of the Website, the User automatically and gratuitously gives the Administration a non-exclusive right to use it by means of copying, public execution, reproduction, processing, transfer and distribution for the purposes of the Website or in connection with the above mentioned including for popularization thereof. For the specified purposes, the Administration may make derivative products or insert the Content of the User as components into corresponding collections, to do other actions which promote to attain the above mentioned purposes.
8.2.5. If the User deletes the Content from the Website, the rights mentioned in article 8.2.3. - 8.2.4. hereof shall be automatically withdrawn, however, the Administration shall have right to keep the archival copies of the user’s Content throughout the indefinite period.
8.3. Third Parties Sites and Content
8.3.1. The Website contains (or may contain) links to other Sites in the Internet (Third Parties Sites) as well as to articles, photos, illustrations, graphic images, music, sounds, video, information, applications, programs and other Content belonging or originated from any third parties (the Third Parties Content) resulted from the intellectual activity and protected according to the laws of the Russian Federation.
8.3.2. The specified third parties and their Content shall not be checked by the Administration regarding the conformity thereof to the tropics or other requirements (reliability, completeness, conscientiousness, etc.). The Administration shall bear no liability for any information placed on the Sites by any third parties to which the User gets access through the Website or through the Third Parties Content including, including any opinions or statements expressed on Third Parties Sites or in their Content.
8.3.3. The links or guidance placed on the Website regarding any downloading of files and (or) installation of programs of the third parties shall not mean that the Administration supports or approves them.
8.3.4. Any link to any Site, product, service, commercial or noncommercial information placed on the Website shall not constitute the approval or recommendation thereof by the Administration.
8.3.5. If the User has decided to leave the Website and to pass to any Third Party Site or to use or install third parties programs, such User shall bear all and any risks and starting from that moment this Policy shall stop to cover the User. While doing other actions, the User should be guided by applicable norms and the policy, including such party’s standard business customs whose Content the User is going to use.
9. 9. Guarantees and Liability of the Parties
9.1. The Users shall bear responsibility for their own actions in connection with creation and placement of the information in their own Account Profile on the Website as well as in connection with placement of the information on the other Users’ account profiles in other sections of the Website according to the current laws of the Russian Federation. Breach of this Policy and of the current laws of the Russian Federation shall entail civil, administrative or penal liability. The User guarantees that placement of the information, the Content, other results of intellectual activity protected by the law, their parts or copies, any other materials on the Website by the User or any transfer thereof in the Personal messages fails to break someone's rights or legitimate interests. In case of receipt of any claims from any third parties in connection with breach Policy conditions by the User regarding placing the information and/or the Content of any third parties, the Website Administration shall have right to transfer all the available User’s contact information to the claiming persons in order to settle all such arisen disagreements.
9.2. The User guarantees that he/she will do all their best to keep confidential the login details (a login and the password) used for authorization on the Website and to prevent any possible authorization by other persons.
9.3. The Website Administration shall keep the secrecy of the correspondence among the Users by means of Personal messages.
9.4. The Website Administration guarantees that the Administration will use the e-mail address and the mobile telephone number specified in the User Account for getting in touch with the User, sending notifications, messages and sms to the User as well as to provide services to the User, to use Services and other options of the Website with the consent of the User which may be expressed by means of the functionality of the Website unless otherwise is provided by the Policy or the current laws.
9.5. The Website Administration, technically enabling the User to use the Website, fails to participate in formation of the contents of the User’s Account Profile and loading of the Content by the User, fails to supervise the User’s activities, fails to do automatic censorship of the information in open sections of the Website and the User account profiles, censorship of Personal messages and shall not bear liability for any actions or inactivity of the User as the information system of the Website and the software thereof has no technical solutions which is capable to do automatic censorship and control of the Users’ activity.
9.6. The Website Administration shall not pre-moderate and has no technical means to pre-moderate the information and the Content from the Users and shall not be liable for the Content placed by the User. The Website Administration shall not pre-moderate or censor the information of the Users and undertakes all actions to protect the rights and interests of the persons in order to ensure compliance with the requirements of the laws of the Russian Federation only after the person in question addresses to the Website Administration in accordance with the established procedure by sending of a claim in writing to email@example.com address.
9.7. The Website Administration shall not be liable for possible failures and breaks in the work of the Website or any loss of information caused by them. The Administration shall not be liable for any damage caused to the User’s computer, mobile devices, any other equipment or the software caused or connected with the use of the Website or the Websites accessible by the hyperlinks placed on the Website. The Administration reserves its right to change Site registration at any time, its content, list of services, to change and supplement used scripts, software and other objects used or stored on the Website.
9.8. The Website Administration shall bear no liability for any breach of this Policy by the User and reserves its right, at its sole discretion and in the event of reception of any information from other users or third parties on breach of this Policy by the User, to change (moderate) or to delete any information published by the User which breaks the interdictions fixed in this Policy (including personal messages), to suspend, limit or stop access of the User to all or to any of sections or services of the Site at any time for any reason or without any explanation of the reasons, with or without any prior notification as well as shall not be responsible for any harm which may be caused by you such action. The Website Administration shall have right to remove the User’s Account Profile and (or) to suspend, restrict or stop access of the User to any Site service if the Administration finds out, that in its opinion, the User represents any threat for the Website and (or) its Users. The Website Administration shall not be liable for the temporary blockage according to this Policy or removal of any information, or removal of the Account Profile (termination of the registration) of any User.
9.9. The Administration shall not be liable if any third party guesses the password as well as for any actions made by them with the use of the User’s Account.
9.10. The Website Administration shall not be liable for any damage, including for any lost benefit or harm caused in connection with the use of the Website, the Content or any other materials to which the User or other persons have got access by means of the Website even if the Website Administration warned or notified about any such possible damage or harm.
9.11. The Website Administration shall not be liable for any damage which may be caused to the User, including loss of data, removal of the Account, the Content or termination of functioning of the Service or the Website.
9.12. The Administration shall not participate in settlement of conflicts arising between the Users or between the User and the Administration Partner. The Administration shall not be liable for failure to render or any incorrect rendering of services to the User by the Administration Partner or for any failure to receive any results expected by the User from the use of any Administration Partner’s Service.
9.13. The User shall be liable for all and any illegal actions which have been done with the use of the User’s Account as well as in connection with placing of the Content, with use of his/her Account on the Website, the User’s Profile on the other User’s profiles, forums, in comments and in other sections of the Website.
9.14. The User shall bear personal responsibility for any Content or other information which he/she uploads into the Website or otherwise makes public on the Website or with its help. The User undertakes to settle any the claims submitted by any third parties independently which are connected with wrongful placement of the Content and the information.
9.15. All and any hyperlinks to any Site, product, service, commercial or noncommercial information placed on the Site, sent in the Personal messages by the Users, placed in forums in the User’s profiles, etc. shall not constitute the approval or the recommendation of the given products (services) by the Administration. The Administration shall not be liable for any damage caused to the User after they has followed such hyperlinks.
9.16. The User shall bear all risks connected with the transition to any third parties’ sites, installation of third parties’ programs and consumption of services. This Policy shall not cover the mutual relations between the User and the third parties.
9.17. In the event when the User breaks the rules of the Policy, the User’s access to the Site and/or the Website Services may be restricted, suspended or stopped for the indefinite period. The access may be restored of the User send an application to the Administration, at the discretion of the Administration.
9.18. The User’s account may be removed without any further possible restoration by the User or at the discretion of the Administration. Removal of the Account Profile of the User means automatic removal of all information placed in it as well as all the User’s information entered into the Website at the moment of registration. After removal of the Account Profile, the User loses the right of access to the Website.
9.19. The User’s account excluded from the Audience of the Website shall be subject to automatic transfer to the social network created by the Administration for the elder target audience. The Website Administration shall have right to send the User any information on development of the Website and its services, as well as to advertise its own activity and services.
9.20. The Website Administration shall have right to dispose of any statistical information connected with functioning of the Website as well as the information of the Users for showing of the target advertising to various kinds of the audience of Users of the Website. To organize the functioning and technical support of the Website and to perform this Policy, the Website Administration has technical possibility of access to the user profiles which the Website Administration will only do in the cases established by this Policy.
9.21. Limitation of liability of the Website:
THE WEBSITE AND ITS SERVICES, INCLUDING ALL SCRIPTS, APPLICATIONS, CONTENT AND SITE DESIGN SHALL BE DELIVERED «AS IT IS». THE ADMINISTRATION FAILS TO GUARANTEE THAT THE WEBSITE OR ITS SERVICES MAY BE SUITABLE OR UNSUITABLE FOR ANY SPECIFIC USE. THE ADMINISTRATION MAY NOT GUARANTEE AND FAILS TO PROMISE ANY SPECIFIC RESULTS ARISING FROM ANY USE OF THE WEBSITE AND/OR ITS SERVICES; IN ORDER TO AVOID ANY MISUNDERSTANDING THE USER SHOULD BE CAREFUL WHILE DOWNLOADING FROM THE WEBSITE OR FROM THE LINKS PLACED ON IT, USING ANY FILES, INCLUDING THE SOFTWARE. THE WEBSITE ADMINISTRATION RECOMMENDS TO USE ONLY LICENSED SOFTWARE, INCLUDING THE ANTI-VIRUS ONE; USING THE WEBSITE, THE USER AGREES THAT THE USER WILL DOWNLOAD ANY MATERIALS FROM THE WEBSITE OR WITH ITS HELP AT HIS/HER OWN RISK AND SHALL BE PERSONALLY LIABLE FOR ALL AND ANY POSSIBLE CONSEQUENCES OF USE OF THE SPECIFIED MATERIALS, INCLUDING FOR THE DAMAGE WHICH IT MAY CAUSE TO THE USER’S COMPUTER OR THE THIRD PARTIES’ ONE, FOR LOSS OF DATA OR ANY OTHER HARM; UNDER NO CIRCUMSTANCES THE WEBSITE ADMINISTRATION OR ITS REPRESENTATIVES SHALL BE LIABLE BEFORE THE USER OR BEFORE ANY THIRD PARTY FOR ANY INDIRECT, DIRECT OR CONSEQUENTIAL DAMAGE, INCLUDING ANY LOST BENEFIT OR ANY LOST DATA, HARM TO HONOUR, DIGNITY OR THE BUSINESS REPUTATION CAUSED BY USE OF THE WEBSITE, THE CONTENTS OF THE SITE OR ANY OTHER MATERIALS TO WHICH YOU OR OTHER PERSONS HAVE GOT ACCESS BY MEANS OF THE WEBSITE EVEN IF THE WEBSITE ADMINISTRATION HAS WARNED OR SPECIFIED THAT SUCH HARM IS POSSIBLE.
10. 10. Miscellaneous
10.1. This Policy shall come into force from the moment when the User accepts the terms and conditions thereof. The User has accepted the Policy – this shall be expressed in the following: the User shall tick the corresponding box during registration of the User’s Account and do either action connected with use of the Website (for example, authorization, actual consumption of rendered services, Content uploading, use of Service, etc.). In case if the User fails to agree with any conditions of this Policy, the User shall be obliged to stop using the Website and to remove his User’s Account.
10.2. If the account is removed, this shall mean automatic removal of the user’s details, the Content, the Account and Profile settings as well as other information available in the User’s Account.
10.3. Regulations of the Policy may be amended, modified or cancelled by the Website Administration unilaterally without any prior notification to the Users. The Website Administration shall have right to inform the User on any modifications made in the Policy or about coming of a new version of the Policy into force by publication of a notification on the Website, sending Personal messages to the User or in a different way at the sole discretion of the Website Administration.
10.4. All rights and duties of the Parties which have arisen on the basis of any version of the Policy which has lost its force, shall be covered by the current Policy unless otherwise is provided by the relations arisen between the Parties.
10.5. All and any claims of the User sent to the Administration shall be accepted and considered if the User has given actual and authentic data of the User in the Account. Taking into consideration possible existence of Accounts with similar login details, the Administration shall have right to demand delivery of any additional data and information, including concerning the Account of the User, allowing to understand which Account is the source of the claim or to fix the accessory of the Account to the person who has addressed such claim.
10.6. All and any disagreements arising between the Parties or third parties shall be settled by negotiations. The pre-judicial order of the dispute settlement regulated by the Policy shall be obligatory. The period of pre-judicial settlement shall be not less than 30 (thirty) business days from the moment of reception of the corresponding claim. If the Parties fail to come to the agreement regarding any such dispute, such dispute shall be settled in the court upon the place of location of the Administration.
11. 11. Final Provisions
11.1. This Policy represents the agreement between the User and the Website Administration concerning the procedure of use of the Website and its services and replaces all and any previous agreements between the User and the Administration;
11.2. This Policy shall be regulated and interpreted according to the laws of the Russian Federation. The matters which are not settled by the Policy shall be subject to the approval according to the laws of the Russian Federation.
11.3. In the event when any dispute or disagreements arise in connection with execution of this Policy, the User and the Website Administration will do all their best to settle them by negotiations. If any dispute is not settled by negotiations, it shall be settled in accordance with the procedure established by the current laws of the Russian Federation. The disputes shall be settled in the courts of Moscow upon the place of location of the Administration.
11.4. This Policy shall come into force for the User when the User accepts this Policy and shall be valid during the unlimited period.
11.5. This Policy has been made up in Russian and may be given to the User for familiarization in another language. If the versions differ, the version of this Policy in Russian shall prevail.
11.6. If for any reason one or several conditions of this Policy are recognized void or unenforceable, this shall not affect the validity or enforceability of the rest of conditions hereof.