By means of PROMODJ you have a possibility to advertise your products before a wide audience of Internet users, including professional musicians, producers, labels and concert agencies.
To start working with PROMODJ you are required to read this User Agreement and accept its terms and conditions.
This User Agreement (hereinafter referred to as "Agreement"), in accordance with article 435 and subcl.2 of article 437 of the RF Civil Code, being a public Offer, is entered into by and between
1) Limited Liability Company ATEVE (hereinafter referred to as the "Company") , a legal entity incorporated under the laws of the Russian Federation and the developer and administrator of PROMODJ web resource (accessible via domain name website; hereinafter referred to as "Website » or «PROMODJ»), on the one hand, and
2) a Website visitor - an individual aged at least 14 (fourteen) years (hereinafter referred to as "User"), on the other hand, as follows:
1. Definitions of the key terms used in this Agreement:
1.1. "Acceptance" means acceptance of all, without exceptions, terms hereof by the User and such acceptance is effected by way of performing the procedure of Registration on the Website, and after such acceptance this Agreement enters into legal force as a transaction entered into in writing (civil-law agreement of combined type containing, inter alia, the terms and conditions for granting intellectual rights to the User's products, performances and soundtracks).
1.2. "Registration" means successful completion of the registration form by the User, which makes it possible to create a user account on the Website.
1.3. "Account" means a set of User data, including the data provided by the User and the Service internal information about the User. One registered user is allowed to have one account.
1.4. "Messages and Materials" ("Messages", "Materials" referred to separately) mean informative statements made by the User on the Website themes, pieces of music, recorded performances and soundtracks, photographic and other User materials admissible for placement on the Website and available to an unlimited number of the Website visitors.
1.5. "Spam" means Messages and Materials that are in conflict with the applicable laws of the Russian Federation and/or legal interests of the Company and/or legal interests of third parties, inter alia, Messages and advertising Materials distributed without permission of the Company.
1.6. "Flood" means Messages and Materials, which are not relevant for the Website themes, where they were placed by the User, as well as meaningless or senseless, obscene or targeted exclusively at raise the rating of the User posts.
1.7. "Service" ("Services") is a set of technical and technological features of the Website provided by the Company to the User after the Acceptance hereof, including access to a wide range of on-line services, inter alia means of navigation, communications , personification, etc.).
1.8. "Software" means programs for computer equipment, the database ensuring the Website functioning and storage of information related to it, including audiovisual images and records generated by such programs.
1.9. “Information about competitors” means Messages and the Materials containing details, references to websites, personal and contact details of the persons providing services similar to the Company’s services (Services).
2. Subject Matter of the Agreement
2.1. In accordance with this Agreement, the Company shall provide Service to the User, and the User accepts the Service for temporary use for the duration of this Agreement (section 9).
2.2. This Agreement shall be treated by the Parties and accepted by the User exclusively together with the Terms of the Use and the Privacy Policy of Confidentiality, being the integral parts of this Agreement.
2.3. The User recognizes that the Website and the Service are complex results of intellectual (creative) activity, and accepts the Service on an "as is" basis. The user may refuse to use the Website and the Service at any time at his/her own discretion.
2.4. The terms and conditions regulating the procedure for placement of Messages and Materials and the use of the Service become binding for the User starting from the moment of Registration.
2.5. The Company may not provide any functional features of the Service to non-registered visitors of the Website.
2.6. The User recognizes and agrees that by uploading pieces of music, soundtracks and recordings (Materials) available on the Website ( implied acts of the User), the User authorizes the Company (non-exclusive rights of use) to perform the following acts with regard to such Materials:
2.6.1. Publication and posting of Materials on the Website, therewith provided that publication of Materials in the Internet implies a possibility to reproduce them in digital (electronic) form through popular networks of data transmission for a wide range of persons worldwide (reproduction and communication to open public) ;
2.6.2. Distribution of Materials through telecommunication channels, inter alia, on air and cable radio and TV broadcasting;
2.6.3. Conversion of Materials into compressed digital format and perform technical editing of the digitized Materials;
2.6.4. Delivering Materials to wider public by placing them on the PROMODJ server or by other method that makes it possible to communicate a message in a digital format;
2.6.5. Publication of contact information (except for e-mail addresses) entered by PROMODJ user upon registration on PROMODJ pages; provision of such data to interested persons, and inter alia, to producer and sound recording companies (including e-mail addresses).
The user reserves the right to exercise author"s control over the use of his/her Materials and Messages on PROMODJ server, by independently regulating third parties' access to them through the Server.
3. Rights and obligations of the Company
3.1. The Company may improve the Service and expand its technical capabilities/options.
3.2. The Company may advise the User about new capabilities/options of the Service by sending messages to e-mail addresses designated by the User upon Registration.
3.3. The Company may without consent of the User modify the Website by any method at its own discretion, and inter alia, to change the design of the Website, the terms of provision of Services, to add new Services, to discontinue provision of Services and to suspend access to the Website in the course of the aforesaid operations performed by the Company. In case of suspension of access to the Website and/or the Service for an extended period (for more than 24 hours), the Company will use its best efforts to inform the User about the event if possible.
3.4. The Company may popularize and promote the Website and the Service; it may place advertising /promotional materials on any page of the Website, including but not limited to, contextual advertising, banners, and also video and interactive advertising clips in the Service.
3.5. The Company may refuse Registration for a User, it may temporarily suspend operation of the User’s Account or remove Registration account without notice and without explanation of the reasons.
3.6. The Company reserves the right, unilaterally and without prior notification ofthe Users, to change the terms and conditions of this Agreement, placing updated text of the Agreement on the Website:
3.7. The Company is authorized to apply to in respect of the User, who violates the terms and conditions hereof, certain sanctions stipulated herein, and may claim the User be brought liability in accordance with the laws of the Russian Federation.
3.8. The Company shall take appropriate measures within its scope of control to maintain confidentiality of User personal data disclosed by the User upon Registration, in accordance with the Privacy Policy. The Company may record, store, process and otherwise use the User personal data and undertakes to not to furnish such data to the third parties without the appropriate order of a competent authority, a court ruling or on other legal basis.
3.9. The Company may monitor the contents of Messages and Materials, including their modification or editing at its discretion (including deletion of foul language, correction of grammar mistakes and such corrections shall be confirmed by appropriate mark) without consent of the User, and also may delete Messages and Materials without warning at any time. The User agrees that the Company is not under an obligation to identify the User, inter alia, by way of designating the user name, contact data and/or photos.
3.10. The Parties agree that the Website and the Service are intellectual complex products, and Messages and Materials posted on it become integral parts of these products.
3.11. The Company may use Materials provided (uploaded by the User) according to the rights granted by the User (subcl.2.6 of this Agreement).
3.12 The Company has the right to delete User's Messages and Materials in case its Account has not been active for two years, as well as to block or delete the User's Account. The Company also has the right to delete Accounts, if it is revealed that they are registered by one and the same User.
4. Rights and obligations of the User:
4.1. The User guarantees that his/her age is more than 14 (Fourteen) full years.
4.2. The User may use the Website and Service in accordance with this Agreement.
4.3. The User may examine any information on the Website. The User additional recognizes that access to some types of information may be restricted owing to the necessity to perform some particular organizational & technical or legal procedures designated by the Company and/or by the terms of use of the Service, and also owing to any failures in the operation of the Service.
4.4. Following Registration on the Website, the User may post Messages and Materials on the Website, their content being fully compliant with the applicable laws of the Russian Federation, meaning they may not:
— be obscene, offensive, malicious, menacing, slanderous, false or pornographic;
- ibe targeted at to damaging the honor, dignity or reputation of other persons (inter alia, contain groundless judgments with regard to third parties, unverified facts, mentions of third parties that may adversely affect demand for their services, products);
- spark religious, racial, ethnic or interethnic conflicts;
— contain elements of violence;
— contain unauthorized adoptions, plagiarism, breach of the right to a name, or otherwise abuse the statutory rights to results of intellectual activity and means of individualization of the Company and those of third parties (copyright, allied, patent rights, rights to a know -how, to a trade mark, etc.), or copy other materials posted on the Website by some other person, except the User himself/herself;
— abuse of the rights of minor persons;
- contain information aclassified as trade or commercial secret, office secret, medical, banking or other secrets or other data to which access is restricted under the RussianF legislation;
- contain bugs or other computer codes, programs, files intended to damage functionality of any technical facility (computers, telecommunication equipment, etc.);
- contain advertising materials unless agreed upon with the Company;
- do not contain Spam or Flood;
- contain Messages and Materials of competitors or containing information about such and their goods/services.
— do not lead to violation of legislation on taxes and fees, advertising legislation or other legal acts (the account of the User can not be used for commercial purposes);
— do not contain agitation (in form of any appeals, newsletters, topics at the Forum, etc., addressed to individual users or a wide range of people) aimed at receiving funds, discounts, bonuses, crypto-currencies, any other payment units , commercial benefits in a different form by the User.
4.5. The User is personally liable for the contents of Messages and Materials, for their conformity to the Russian and international law.
4.6. The User may not fraudulently (without permitssion of the legal owner) copy or adopt Messages and Materials from other Internet resources, mass-media or other sources of information.
4.7. The User guarantees, that he/she is the author and the sole legal holder of the exclusive right to use Messages and Materials posted by the User on the Website, and that no other persons will make a complaint (claim) against/to the Company concerning the use of Messages and Materials on the Website. Use of products of other persons as citations shall be allowed solely in accordance with the RF Civil Code, in strictly restricted instances and a limited scope, with the obligatory reference to the author and to the source of citing, or solely if agreed upon with the company.
4.8. The User undertakes to ensure confidentiality and safety of the Registration account, to not disclose to other persons his/her login and password to on the Website. The user is personally liable for all actions performed with the use of his/her Registration account. The User is obliged not to make any attempts to mislead the Company, including that he is obliged not to create more than one Account (under one or different nicknames), often change nicknames, etc.
4.9. The User may address the Company with wishes, suggestions, questions and claims with regard to the operation of the Website and the Service, and also in other instances when a Company officer or the software developer of the Website need to be urgently contacted, in the manner designated in section 8 of this Agreement.
4.10. The User undertakes to promptly inform the Company in the manner stipulated in Section 8 of the Agreement, in case if:
- any breaches of the terms and conditions hereof are found in the acts of the registered user;
— detection of copying and use of the Website information content, including, separate Messages and Materials published on other websites;
— discovery of errors in the website operation, receipt of other people’s personal data, incorrectly displayed information.
4.11. The User may make suggestions with regard to the realization of Materials created by the User and with regard to the right to such Materials, regulating such possibility by means of the Service, therewith, the User guarantees, that use of the Materials will not entail any adverse consequences for the Company and/or any costs for the Company. Information on such possibility for realization is not a business proposition or an offer, and solely informs a range of persons designated by the User.
5. Limitation of liability
5.1. When using the Website and the Service, the User understands, that technical errors and faults may occur in them and the User also recognizes that the authors of the Software of the Website and the Company are not liable for any consequences of the Website and the Service operation, for the operating condition of the technical the User when they are used, for fitness of the Website's and the Service's to the purposes of the User.
5.2. The Company assumes no liability connected with any misstatement, change, distortion in display of Messages and Materials of the User on the Website even if entailing an adverse judgment to the address of the User.
5.3. The User recognizes that the Company, when ensuring the functioning of the Website and the Service, is at the same time not liable for the Service/Website trouble-free operation, for possible loss of Messages and Materials, for occurrence of any other inconveniences and losses during the use of the Website.
5.4. The Company is not liable for default or inadequate performance of its obligations resulting from malfunctions occurring in the operation of telecommunication and power supply systems, effects of malicious software, and fraudulent acts of the third parties seeking to obtain the unauthorized access and/or disrupt the operation of the Company's Software and/or hardware complex.
5.5. The content of the Website is intended for information purposes only. The website administration shall not be liable for inaccuracy of data. The Company is not liable for possible losses that may result from the use of information obtained from the Website.
5.6. In any event the Company is not a representative of the User, nor is the User agent. The User's actions should be recognized as acts of an individual acting in his/her own interests.
6. Intellectual property
6.1. Under this Agreement the User is granted the right to use the Website, the Service and the Software on the terms and conditions contained in this Agreement for the entire duration hereof.
6.2. The user confirms that he/she will use the Software integrated into the Website solely in accordance with this User Agreement, and will not undertake attempts "to open the code", to copy, emulate, create new versions, to let or lease, to sell, change, decompile, disassemble, or otherwise use the original text and the objective code of the Software without a written permission of the Company.
6.3. The user recognizes that the exclusive right (in full scope), both to the aforesaid products and to their components and derivative products, belongs to the Company. Altogether, when posting Messages and Materials on the Website, the User permit the Company on a non-exclusive basis (grants a simple non-exclusive license) to use such Messages and Materials by all methods provided for in part 2 of article 1270 of the RF Civil Code (including the right to carry out, to allow and to prohibit their reproduction, distribution, transmission via cable, public performance, disclose to the open public, etc., and inter alia, on an anonymous basis - without indication of the user ID details).
6.4. The Parties hereto may sign an additional agreement for some other scope of rights to the musical material and to agree on a special procedure for its use (commercial or non-commercial), and, inter alia, under which the Company will undertake efforts in tracking of illegal use and exercising protection of rights to Messages and Materials posted by the User.
6.5. The Company declares that it is not the developer and is not the owner of the exclusive rights to the Materials uploaded by the User, and the User's acts with regard to the use of Materials or exercise of rights to them are referred to the exclusive responsibility of the User.
7. Liability of the User
7.1. No spam or flood shall be allowed.
7.2. In the event of User Messages and Materials breaching the provisions of this Agreement of, in the opinion of the Company, the Company shall be free to apply, at its own discretion, sanctions, including but not limited to:
- a warning notice sent to the User;
- blocking of the User account, and, inter alia, without any possibility of repeated registration on the Website;
— blocking of some specific Materials posted by the User.
7.3. The Company may delete or block any Messages and Materials posted by the User and may likewise delete or block the User Account without warning or explanations of the reasons for this.
7.4. The User shall be subject to civil, administrative and criminal liability in accordance with the Russian laws for use of the Website, the Service or the Software in a manner, which is not provided for by this Agreement, breaching the Company's rights or the rights of third parties.
8. Consideration of complaints and inquiries
8.1. User questions, suggestions, comments, complaints and other messages on issues related to the Website or the Service operation shall be forwarded to the Company to the following e-mail address: or by completing the feedback form on the website: .
8.2. The Company is not responsible for the receipt of af response to the User's inquiry by the latter. In the event that the User has not received a response from the Company to his/her inquiry within 30 days of the date of receipt of the inquiry by the Company, the User shall send a repeated inquiry to the Company mailing address designated below in its details section by certified mail with acknowledged receipt.
8.3. The Company shall not consider messages sent by the User to the Company if it is impossible to establish the User's identity.
8.4. If the User does not agree to the arguments laid down by the Company in its response, the User shall be entitled to send a repeated letter to the Company with a more detailed description of the situation and/or issue and/or proposition.
8.5. Any claims of the User, if directly sent to the Company and/or connected with the Website, shall be resolved extrajudicially in accordance with the aforesaid procedure for exchange of written messages.
8.6. Where it is impossible to resolve claims or disputes through negotiations, such shall be resolved in the manner established by the civil procedural legislation of the Russian Federation, on the basis of the Russian laws and in court having jurisdiction within the Company location (place of venue ).
9. Duration of the Agreement
9.1. This Agreement enters into effect starting from its Acceptance by the User to the effective date of the User Account.
9.2. Acceptance by the User of the new version of the Agreement adopted by the Company in pursuance to subcl.3.6 of the Agreement shall be obligatory for continuation of the User Account operation.
9.3. The User may refuse to accept the new version hereof and for such purpose the User shall delete the User Account on the website within three days: . If the account is not deleted, the User shall be recognized to have accepted the terms of this version of the Agreement by virtue of the fact that s/he actually uses the Service and the Website. When the User Account is deleted, the Company reserves the right to store the User data in accordance with Privacy Policy .
9.4. The User may examine the existing version of the Agreement by clicking on: .
The Company principal place of business
ATEVE LLC
OGRN (PRIMARY STATE REGISTRATION No.) 1096025001500 TIN 6025033344 KPP 602501001
Registered office address and mailing address: 182105, Velikiye Luki, Pskov region, 23-2001 Lisa Chaikina Street
Email: [email protected]
Published on September 26, 2017
Copy the text, add your site's domain name to the preamble, link to the "User Agreement" text at the bottom of your site:
Terms of use
This Agreement defines the conditions for the use by Users of the materials and services of the site(hereinafter referred to as the "Site").
1.General conditions
1.1. The use of materials and services of the Site is governed by the norms of the current legislation of the Russian Federation.
1.2. This Agreement is a public offer. By accessing the materials of the Site, the User is considered to have acceded to this Agreement.
1.3. The Site Administration has the right to unilaterally change the terms of this Agreement at any time. Such changes come into force after 3 (Three) days from the date of placement new version Site Agreements. If the User does not agree with the changes made, he is obliged to refuse access to the Site, stop using the materials and services of the Site.
2. Obligations of the User
2.1. The User agrees not to take any action that may be considered in violation of Russian legislation or norms of international law, including in the field, and/or , as well as any actions that lead or may lead to a violation of the normal operation of the Site and the services of the Site.
2.2. The use of the materials of the Site without consent is not allowed (Article 1270 of the Civil Code of the Russian Federation). For the lawful use of the materials of the Site, a conclusion is required (obtaining licenses) from Right Holders.
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Hereinafter referred to as , in the person acting (s) on the basis of , addresses this Agreement (hereinafter referred to as the Agreement) to the following circle of persons: .
The person to whom the Agreement is addressed is recognized if there is consent to conclude this Agreement, expressed in readiness to conclude an agreement on the conditions set forth below.
This Agreement, in accordance with Art. of the Civil Code of the Russian Federation, is an offer, the acceptance of the terms (acceptance) of which is the performance of the actions provided for by the Agreement.
Definitions
1.1.
The terms of the Agreement govern relations and contain the following definitions:
1.1.1.
Offer- this document (Agreement), posted on the Internet at: .
1.1.2.
Acceptance- full and unconditional acceptance of the offer by carrying out the actions specified in paragraph. 3.1 Agreements.
1.1.3.
Legal entity () that placed the offer.
1.1.4.
1.1.5.
Simple (non-exclusive) license - a non-exclusive right to use with reservation for the right to issue licenses to others.
1.1.6.
Personal Area is a virtual personal self-service tool located on the official website:.
1.1.7.
Personal account- a unique username and password to enter your personal account.
Subject of the Agreement
2.1.
In accordance with this Agreement, grants (transfers) the right to use the computer program - (hereinafter referred to as ), the characteristics of which are specified in the Specification (Appendix No. to the Agreement), under the terms of a simple (non-exclusive) license, and acquires the right to use in the manner and on conditions established by the Agreement.
2.2.
Guarantees that he is the owner of the exclusive rights to, specified in paragraph. 2.1 Agreements.
2.3.
2.4.
The right to use throughout the territory of the Russian Federation. Use outside the territory of the Russian Federation is agreed by the Parties by concluding a separate Agreement.
2.5.
It is transmitted in the following way: .
Agree to the terms of the agreement
3.1.
Acceptance (acceptance of the offer) is the registration of a personal account.
3.2.
Performing actions to accept the offer in the manner specified in paragraph. 3.1 of the Agreement, guarantees that he is acquainted, agrees, fully and unconditionally accepts all the terms of the Agreement, undertakes to comply with them.
3.3.
Hereby confirms that acceptance (taking actions to accept the offer) is tantamount to signing and concluding the Agreement on the terms and conditions set forth in this Agreement.
3.4.
The offer comes into force from the moment it is posted on the Internet at the address and is valid until the offer is withdrawn.
3.5.
This Agreement is posted in writing on the Site. If necessary, any person, upon his request, may be given the opportunity to familiarize himself with the paper version of the Agreement at the office.
3.6.
The agreement can only be accepted as a whole ( paragraph 1 of Art. 428 of the Civil Code of the Russian Federation). After accepting the terms of this Agreement, it acquires the force of an agreement concluded between and, while such an agreement as a paper document signed by both Parties is not executed.
3.7.
To organize interaction between and independently registers the Personal Account in the following order: .
3.8.
The following information is indicated in the Personal Account about: .
3.9.
It reserves the right to make changes to this Agreement without any special notice, and therefore undertakes to regularly monitor changes to the Agreement. The new version of the Agreement comes into force from the moment it is posted on this page, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always located on this page at: .
Rights and obligations of the parties
4.1.
Undertakes:
4.1.1.
Within days from receipt of acceptance, grant the right to use .
4.1.2.
Within calendar days from the date of receipt of the relevant written notification on their own and at their own expense, eliminate the identified deficiencies, namely:
Inconsistency of the content with the data specified in par. 2.1 Agreements;
The presence in the composition of materials prohibited for distribution by law.
4.1.3.
Refrain from any actions that could hinder the exercise of the right to use granted to him within the limits established by the Agreement.
4.1.5.
Grant the right to use a computer program or database daily and around the clock, except for the time of preventive measures, which are no more than hours per month.
4.1.6.
Provide information on working with a computer program or database through. Actual e-mail addresses are in the "" section of the provided program and on the official website at the Internet address: .
4.1.7.
Provide information about updates to the current version of the program or database released during the term of the Agreement.
4.1.8.
If it is technically possible to eliminate possible software failures in the operation of the program or database that arose through the fault of , on the basis of the application, except for cases of violation of the Rules for the operation of the program / database (Appendix No. ).
4.1.9.
Use all personal data and other confidential information about only for the provision of services in accordance with the Agreement, do not transfer to third parties the documentation and information about.
4.1.10.
Ensure the confidentiality of information entered when using the Site through a personal account, except when such information is posted in the public sections of the Site (for example, chat).
4.1.11.
Provide the following additional services:
4.1.11.1.
Provide training in the rules and procedures for working with a computer program or database.
4.1.11.2.
Perform remote installation of a computer program or database, as well as Program Components on a server.
4.1.11.3.
Perform remote updates of the computer program or database on the server via a communication channel.
4.1.11.4.
Provide technical support and information support computer programs and databases.
4.1.11.5.
Provide other services: .
4.1.12.
Advise on all matters relating to. The complexity of the issue, the volume, and the timing of counseling are determined in each case independently.
4.2.
Undertakes:
4.2.1.
Use only within the limits of those rights and in the ways provided for in the Agreement.
4.2.2.
When registering in your personal account, provide real, not fictitious information. In the event that the information provided is found to be unreliable, as well as if reasonable doubts arise about their reliability (including if, when trying to contact, the specified contact details turn out to be non-existent), it has the right to unilaterally terminate relations with, delete the account and block access to .
4.2.3.
Keep secret and not disclose to third parties information about your password, which gives access to the Personal Account. In the event that such information for one reason or another becomes known to third parties, undertakes to immediately change it.
4.2.4.
Provide a usage report in the manner prescribed by the Agreement.
4.2.5.
Strictly adhere to and not violate the terms of the Agreement, as well as ensure the confidentiality of information received in cooperation with commercial and technical information.
4.2.6.
Refrain from copying in any form, as well as from modifying, supplementing, distributing (including public demonstration (or any part thereof), and also refraining from creating derivative objects on its (her) basis without prior written permission. All exclusive rights to are inalienable and remain with in full.
4.2.7.
Immediately inform him of all facts of unlawful use by third parties that have become known to him. Such information is sent by e-mail to: .
4.2.8.
Use without violating the property and / or personal non-property rights of third parties, as well as prohibitions and restrictions established by applicable law, including without limitation: copyright and related rights, trademark rights, service marks and appellations of origin, industrial design rights , rights to use images of people.
4.2.9.
Perform other duties stipulated by the Agreement.
4.3.
4.3.1.
Summarize and analyze the received data on work with the program / database and on specific actions on the terms of confidentiality and anonymity for statistical and marketing purposes. When compiling any statistical or marketing reports, publishing any statistical or marketing data obtained through such generalization and analysis, you may not indicate specific names and (or) addresses, as well as other information that allows you to establish a connection with one or another .
4.3.2.
Request additional information about his position and type of activity, including the company he represents, when registering in his personal account or at any other time. has the right to refuse to use (up to the deletion of the Personal account) or limit its use at its sole discretion if it is not an employee of the company or representative of the person for whom it is intended, or if it refuses to provide the requested information. may, at its sole discretion, provide limited access for the purpose of acquaintance with other persons who do not carry out core activities.
4.3.3.
In case of violation of the conditions (methods) for using the rights to, established by the Agreement, terminate the Agreement and deprive the right to use. Violation of copyright protection norms may also result in civil and criminal liability in accordance with the legislation of the Russian Federation.
4.3.4.
Amend the Agreement unilaterally by issuing new editions.
4.3.5.
Temporarily terminate the operation of the Software, as well as partially restrict or completely terminate access to it until the completion of the necessary Maintenance and/or its modernization. shall not be entitled to claim damages for such temporary interruption of the provision of services or restriction of availability.
4.4.
4.4.1.
Use within the limits and in the ways provided by the Agreement.
4.4.2.
Upon receipt, in accordance with the terms of the Agreement, use in the amount and manner established by the Agreement.
4.4.3.
Use in your own commercial activities, excluding any cases of resale, rental or transfer to third parties, possible only after the conclusion of appropriate written agreements with .
4.5.
Is not entitled to consent to the execution of this Agreement in cases where he does not have the legal right to use in the country in which he is located or resides, or if he has not reached the age from which he has the right to enter into this Agreement.
Terms and conditions of use
5.1.
Subject to this Agreement, a simple (non-exclusive) license is granted for use with a personal computer, mobile phone or other device, to the extent and in the manner prescribed by the Agreement, without the right to provide sublicenses and assignments.
5.2.
The term for granting the right to use is set for the entire period of validity of exclusive rights to.
5.3.
In accordance with the terms of the Agreement, it grants the right to use in the following ways:
5.3.1.
Download (install) - the Software on your personal computer, mobile phone, tablet computer or other similar mobile device.
5.3.2.
Make a backup copy of the installed - Software for the purpose of replacing the downloaded copy of the Software.
5.3.3.
Use the installed Software -, including by implementing its functionality available, including by playing on the monitor (screen) of the corresponding technical tool.
5.3.4.
Carry out other actions necessary for the operation of the Software on technical means ah in a form and manner that does not interfere with the normal use of computer programs, does not violate or infringe on the rights and interests of the authors of the Software and .
5.3.5.
How to use: .
5.4.
Not entitled to take the following actions when using, as well as any of its components:
5.4.1.
Modify or otherwise process, including, translate into other languages.
5.4.2.
Copy, distribute or process the materials and information contained in , except as necessary and caused by the implementation of the functionality available to him as a specific .
5.4.3.
Violate the integrity of the security system or carry out any actions aimed at bypassing, removing or deactivating technical means of protection; use any program codes designed to distort, delete, damage, imitate or violate the integrity of transmitted information or protocols.
5.5.
Any rights not expressly granted under this Agreement are reserved by .
5.6.
Retains the right to use to the extent that the right to use is granted.
5.7.
Submits a written report on the use of the rights to, including the amount of income received from each and every way of using the rights to, within business days after receiving the relevant request from.
The submitted report is accompanied by all financial and accounting documents containing information on the use of rights to, including the amount of income received from each and every way of using the rights to.
The right to get acquainted with all the necessary accounting and other documents to verify the reliability of the report.
5.8.
In accordance with the Agreement, transfers, and accepts the rights to use, to the extent provided by the Agreement.6.
Personal data and privacy policy
6.1.
To fulfill the terms of the Agreement, agrees to provide and consents to the processing of personal data in accordance with Federal Law No. 152-FZ of July 27, 2006 "On Personal Data" on the terms and for the purposes of the proper performance of the Agreement. “Personal data” means personal information that you provide about yourself to make an acceptance.
6.2.
Guarantees the confidentiality of personal data and provides access to personal data only to those employees who need this information to fulfill the terms of the Agreement, ensuring that these persons comply with the confidentiality of personal data and the security of personal data during their processing. It also undertakes to maintain the confidentiality of all information received from, regardless of the content of such information and how it was obtained.
6.3.
In cases of loss of identification data (login / password) for access to personal account, has the right to request this information from , by sending a request through email undertakes to pay for the purposes of use. in a manner not provided for by the Agreement, or upon termination of the Agreement, or otherwise outside the rights granted, related to the use of the granted rights of use; for damages of any kind incurred due to the loss and / or disclosure of your data or in the process of using .
7.7.
It is not responsible and does not compensate for losses caused by violations and / or errors during operation, resulting from illegal actions, its personnel, or third parties.
7.8.
If any third party makes a claim in connection with the violation of the Agreement or applicable laws, violation of the rights of third parties (including intellectual property rights), undertakes to compensate for all costs and losses, including payment of any compensation and other costs associated with such a claim.
Dispute Resolution
8.1.
The claim procedure for pre-trial settlement of disputes arising from this Agreement is mandatory for the Parties.
8.2.
Letters of claim shall be sent by the Parties by courier or registered mail with acknowledgment of receipt to the address of the Party's location.
8.3.
Sending by the Parties of claim letters in a different way than specified in paragraph. 8.2 Agreements are not allowed.
8.4.
The term for consideration of a claim letter is working days from the date of receipt of the latter by the addressee.
Final provisions
9.1.
This Agreement is governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Russian Federation. All possible disputes arising from relations governed by this Agreement shall be resolved in accordance with the procedure established by the current legislation of the Russian Federation, according to the norms of Russian law. Throughout the text of this Agreement, the term "legislation" means the legislation of the Russian Federation.
: legal address - ; mailing address - ; tel. - ; Fax - ; e-mail - ; TIN - ; Checkpoint -; OGRN -; r / s - in k / s; BIC.
of the Civil Code of the Russian Federation, is an offer, the acceptance of the terms (acceptance) of which is the performance of the actions provided for by the Agreement.
Definitions
1.1.
The terms of the Agreement govern relations and contain the following definitions:
1.1.1.
Offer- this document (Agreement), posted on the Internet at: .
1.1.2.
Acceptance- full and unconditional acceptance of the offer by carrying out the actions specified in paragraph. 3.1 Agreements.
1.1.3.
Sole proprietor () who placed the offer.
1.1.4.
Web site- a set of web pages hosted on virtual server and forming a single structure, located on the Internet at: (hereinafter referred to as the Site).
1.1.5.
Content- information presented in text, graphic, audiovisual (video) formats on the Site, which is its content. The content of the Site is divided into the main - user, and auxiliary - administrative, which is created to facilitate the functioning of the Site, including the interface of the Site.
1.1.6.
Simple (non-exclusive) license - non-exclusive right to use the result of intellectual activity specified in clause 2.1 Agreement, reserved for the rights to issue licenses to others.
1.1.7.
Personal Area is a virtual personal self-service tool located on the official website:.
1.1.8.
Personal account- a unique username and password to enter your personal account.
Subject of the Agreement
2.1.
This Agreement defines the conditions and procedure for using the results of intellectual activity, including elements of the content of the Website located on the Internet at the address: (hereinafter referred to as the Website), the responsibility of the Parties and other features of the functioning of the Website and the relationship of the Website Users with, as well as together.
2.2.
Guarantees that he is the owner of the exclusive rights to the Site specified in paragraph. 2.1 Agreements.
Agree to the terms of the agreement
3.1.
Acceptance (acceptance of the offer) is the registration of a personal account.
3.2.
Performing actions to accept the offer in the manner specified in paragraph. 3.1 of the Agreement, guarantees that he is acquainted, agrees, fully and unconditionally accepts all the terms of the Agreement, undertakes to comply with them.
3.3.
Hereby confirms that acceptance (taking actions to accept the offer) is tantamount to signing and concluding the Agreement on the terms and conditions set forth in this Agreement.
3.4.
The offer comes into force from the moment it is posted on the Internet at the address and is valid until the offer is withdrawn.
3.5.
This Agreement is posted in writing on the Site. If necessary, any person, upon his request, may be given the opportunity to familiarize himself with the paper version of the Agreement at the office.
3.6.
The agreement can only be accepted as a whole ( paragraph 1 of Art. 428 of the Civil Code of the Russian Federation). After accepting the terms of this Agreement, it acquires the force of an agreement concluded between and, while such an agreement as a paper document signed by both Parties is not executed.
3.7.
To organize interaction between and registers the Personal Account in the following order: .
3.8.
The following information is indicated in the Personal Account about: .
3.9.
It reserves the right to make changes to this Agreement without any special notice, and therefore undertakes to regularly monitor changes to the Agreement. The new version of the Agreement comes into force from the moment it is posted on this page, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always located on this page at: .
Rights and obligations of the parties
4.1.
Undertakes:
4.1.1.
Within calendar days from the date of receipt of the relevant written notice, on your own and at your own expense, eliminate the identified shortcomings of the Site, namely:
Inconsistency of the content of the Site with the data specified in p. 2.1 Agreements;
The presence in the Site of materials prohibited for distribution by law.
4.1.2.
Refrain from any actions that could hinder the exercise of the right granted to him to use the Site within the limits established by the Agreement.
4.1.3.
Provide information on how to work with the Site through. Current email addresses are located in the "" section of the Site at: .
4.1.4.
Register a personal account in the manner prescribed by the Agreement.
4.1.5.
Use all personal data and other confidential information about only for the provision of services in accordance with the Agreement, do not transfer to third parties the documentation and information about.
4.1.6.
Ensure the confidentiality of information entered when using the Site through a personal account, except when such information is posted in the public sections of the Site (for example, chat).
4.1.7.
Advise on all matters relating to the Site. The complexity of the issue, the volume, and the timing of counseling are determined in each case independently.
4.2.
Undertakes:
4.2.1.
Use the Site only within the limits of those rights and in the ways provided for in the Agreement.
4.2.2.
When registering in your personal account, provide real, not fictitious information. In the event that the information provided is found to be unreliable, as well as if reasonable doubts arise about their reliability (including if, when trying to contact the specified contact details, it turns out to be non-existent), has the right to unilaterally terminate relations with, delete the account and block access to the Site .
4.2.3.
Keep secret and not disclose to third parties information about your password, which gives access to the Personal Account. In the event that such information for one reason or another becomes known to third parties, undertakes to immediately change it.
4.2.4.
Strictly adhere to and not violate the terms of the Agreement, as well as ensure the confidentiality of information received in cooperation with commercial and technical information.
4.2.5.
Refrain from copying in any form, as well as from modifying, supplementing, distributing the Site, the content of the Site (or any part of it), and also refrain from creating derivative objects based on it without prior written permission.
4.2.6.
Do not use any appliances or computer programs to interfere or attempt to interfere with the normal functioning of the Site.
4.2.7.
Immediately inform him of all facts of illegal use of the Site by third parties that have become known to him.
4.2.8.
Use the Site without violating the property and / or personal non-property rights of third parties, as well as prohibitions and restrictions established by applicable law, including without limitation: copyright and related rights, trademark rights, service marks and appellations of origin, industrial rights samples, rights to use images of people.
4.2.9.
Do not allow the posting or transmission of materials that are illegal, obscene, libelous, defamatory, threatening, pornographic, hostile, or contain harassment or signs of racial or ethnic discrimination, incite to commit acts that may be considered a criminal offense or be a violation of any law, as well as to be considered inadmissible for other reasons, materials promoting the cult of violence and cruelty, materials containing obscene language.
4.2.11.
Perform other duties stipulated by the Agreement.
4.3.
4.3.1.
Suspend or terminate registration and access to the Site if it is reasonable to believe that it is engaged in illegal activities.
4.3.2.
Collect information about preferences and ways of using the Site (the most frequently used functions, settings, preferred time and duration of work with the Site, etc.), which is not personal data, to improve the operation of the Site, diagnose and prevent site failures.
4.3.3.
Request additional information about his position and type of activity, including the company he represents, when registering in his personal account or at any other time. has the right to refuse to use the Site (up to the deletion of the Personal Account) or restrict its use at its sole discretion, if he is not an employee of the company or representative of the person for whom the Site is intended, or if he refuses to provide the requested information. at its own discretion, it has the right to provide limited access for the purpose of familiarization to the Site to other persons who do not carry out core activities.
4.3.4.
Amend the Agreement unilaterally by issuing new editions.
4.3.5.
Remove user content at the request of authorized bodies or interested parties in the event that this content violates applicable law or the rights of third parties.
4.3.6.
Temporarily stop the operation of the Site, as well as partially restrict or completely terminate access to the Site until the necessary maintenance and (or) modernization of the Site is completed. shall not be entitled to claim damages for such a temporary suspension of the provision of services or restriction of the availability of the Site.
4.4.
4.4.1.
Use the Site within the limits and in the ways provided for by the Agreement.
4.5.
May not consent to the execution of this Agreement in cases where he does not have the legal right to use the Site in the country in which he is located or resides, or if he has not reached the age from which he has the right to enter into this Agreement.
Terms and conditions of use
5.1.
Subject to the implementation of this Agreement, a simple (non-exclusive) license is granted to use the Site using a personal computer, mobile phone or other device, to the extent and in the manner established by the Agreement, without the right to provide sublicenses and assignment.
5.2.
In accordance with the terms of the Agreement, it grants the right to use the Site in the following ways:
5.2.1.
Use the Site to view, review, leave comments and other records and implement other functionality of the Site, including by playing on the monitor (screen) of the corresponding technical means;
5.2.2.
Short-term download to the computer memory for the purpose of using the Site and its functionality;
5.2.3.
Quote elements of the user content of the Site indicating the source of the citation, including a link to the URL of the Site.
5.3.2.
Copy, distribute or process the materials and information contained on the Site, except as necessary and caused by the implementation of the functionality available as a specific.
5.3.3.
Violate the integrity of the security system or carry out any actions aimed at bypassing, removing or deactivating technical means of protection; use any program codes designed to distort, delete, damage, imitate or violate the integrity of the Site, transmitted information or protocols.
As-is ("AS IS"), without warranty or obligation of any kind for corrective action, operational support and improvement.
5.6.
With respect to User Content, warrants that it owns or has the necessary licenses, rights, consents and permissions to use and grant the right to use all User Content in accordance with this Agreement; he has the written consent and (or) permission of each person, one way or another present in the User Content, to use the personal data (including the image, if necessary) of this person in order to post and use the User Content in the manner provided for in this Agreement.
5.7.
By accepting the terms of this Agreement, it also grants others a non-exclusive, royalty-free right to use (a simple license) the materials that it adds (places) on the Site in sections intended for access to all or part (chats, discussions, comments, etc.) free of charge. The specified right and / or permission to use the materials is granted simultaneously with the addition of such materials to the Site for the entire duration of the exclusive rights to the objects intellectual property or protection of non-property rights to these materials for their use on the territory of all countries of the world.
Personal data and privacy policy
6.1.
To fulfill the terms of the Agreement, agrees to provide and consents to the processing of personal data in accordance with Federal Law No. 152-FZ of July 27, 2006 "On Personal Data" on the terms and for the purposes of the proper performance of the Agreement. “Personal data” means personal information that you provide about yourself to make an acceptance.
6.2.
Guarantees the confidentiality of personal data and provides access to personal data only to those employees who need this information to fulfill the terms of the Agreement, ensuring that these persons comply with the confidentiality of personal data and the security of personal data during their processing. It also undertakes to maintain the confidentiality of all information received from, regardless of the content of such information and how it was obtained.
6.3.
In cases of loss of identification data (login / password) to access your personal account, you have the right to request this information from, by sending a request via e-mail.
6.4.
The information received (personal data) is not subject to disclosure, except when its disclosure is mandatory under the laws of the Russian Federation or necessary for the operation of the Site and its functions (for example, when publishing comments in the "Comments" section of the Site under the written