Abu Dhabi Real Estate (Abu Dhabi Realty)
1.2.Mobile application - software for mobile electronic devices running on iOS and Android operating systems, the current version of which is posted by the Copyright Holder in the App Store and Google Play application stores, available on the public information and telecommunications network "Internet" at the network addresses: apps.apple.com and play.google.com, respectively. The Mobile Application, among other things, is an information system designed to work on smartphones, tablets, and other mobile devices, and developed for a specific platform (iOS, Android), the Copyright Holder and Operator of which is Andrey Vladimirovich Rezvov, who owns all exclusive rights to the Mobile Application by virtue of the fact of its creation.
1.3.Copyright Holder (Licensor)- Rezvov Andrey Vladimirovich,Tosomeowns exclusive rights to the Mobile Application, and grants the right to use the Mobile Application under a non-exclusive license to the Licensees, as well as disseminating to the public, distributing, operating, and administering the Mobile Application under the terms of this Agreement. The Licensor grants the right to use the Mobile Application and access to the Mobile Application to the Licensees. The Copyright Holder (Licensor) is a Party to this Agreement.
1.4. User (Licensee) is an individual who accepts the terms of the User Agreement, has full legal capacity and full legal capacity, has his own mobile device with a mobile device number assigned to it and who has downloaded the Mobile Application to a smartphone, tablet, watch or any other mobile device and/or activated such Mobile Application on one of the said devices. The User (Licensee) is a Party to this Agreement.
1.5. License – a simple (non-exclusive), non-saleable, revocable, royalty-free license to use the Copyright Holder’s Mobile Application exclusively for non-commercial purposes.
1.6. User Registration – the User and the Copyright Holder performing a set of actions specified in this Agreement, aimed at creating a User Account in the Mobile Application for the purpose of identifying the User among other Users of the Mobile Application and obtaining access by the User to the functionality of the Mobile Application.
1.7. Content – all objects independently placed by the User in the Mobile Application, including graphic, text, photo objects (works) that are objects of intellectual rights or are not such, the rights (including the exclusive right to objects of intellectual rights) to which belong either to the User or other copyright holders.
1.8. Account – a set of digital data generated by the Licensor from the data provided by the User in accordance with Section 5 of this Agreement. The Copyright Holder and the User hereby agree and confirm that the set of digital data constituting the Login and Confirmation Code will be regarded by them in accordance with Federal Law No. 63-FZ of 06.04.2011 "On Electronic Signature" as a simple electronic signature of the User in further relations between the Parties within the Mobile Application (hereinafter, the "Electronic Signature"). The User undertakes to maintain confidentiality with respect to the Confirmation Code, which is the key to the Electronic Signature. In relations between the User acting on behalf of a legal entity and the Copyright Holder or an individual entrepreneur and the Copyright Holder, the simple electronic signature of the User is not applicable and is invalid.
1.9. Device - a mobile technical device (smartphone, tablet or other device) with access to the Internet, on which the Mobile Application is installed.
1.10. For the purposes of this Agreement, terms and definitions in the singular also apply to terms and definitions in the plural and vice versa.
This Agreement, as well as documents arising from or related to it, may use other terms and definitions that are not specified in Section 1 of this Agreement. In this case, the interpretation of such term shall be made in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of a term or definition in the text of the Agreement, as well as documents arising from or related to it (unless otherwise expressly provided), one should be guided by its interpretation determined: first of all, by the legislation of the Russian Federation, and subsequently, by business customs and scientific doctrine.
2. Conditions of accession to this Agreement
2.1. Before downloading or starting to use the Mobile Application, the User (Licensee) is obliged to read this Agreement.
2.2. The User (Licensee) shall join this Agreement by means of active actions of the User (Licensee) (by clicking on the “I Accept” button on the “User Agreement” screen), which, within the meaning of Article 435 and Article 438 of the Civil Code of the Russian Federation, shall constitute acceptance of the offer of the Copyright Holder (Licensor).
2.3. The actual use of the Mobile Application by the User (Licensee) also serves as confirmation of the User’s (Licensee’s) accession to all the terms of this Agreement. The User (Licensee), in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe Copyright Holder (Licensor) that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
2.4. By each use of the Mobile Application, the User (Licensee) expresses consent to the terms of this Agreement in the version that was in effect at the time of actual use of the Mobile Application.
2.5. The installation of the Mobile Application by the User (Licensee) on his/her device or the use of the Mobile Application in any other way means the unconditional consent of the User (Licensee) to the terms of this User Agreement, including the consent of the User (Licensee) to the processing of his/her personal data by the Copyright Holder, in cases where the provisions of the current legislation require such consent. The User (Licensee), in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe Copyright Holder (Licensor) that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
2.6. By installing the Mobile Application, the User (Licensee) unconditionally agrees to this Agreement and all the terms and conditions specified therein, including the terms of limitation of liability of the Copyright Holder (Licensor), as well as the terms of processing information received from the User's (Licensee's) device. In case of disagreement with any clause of the Agreement, the User (Licensee) must refrain from using the Mobile Application. The User (Licensee), in accordance with clause 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe Copyright Holder (Licensor) that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
2.7. Relations related to the collection, storage, distribution and protection of information about Users are governed by the Privacy Policy and the current legislation of the Russian Federation.
2.8. The use by the User of the Mobile Application, as well as all existing and future services of the Mobile Application, in any way and in any form within the limits of their functionality and purpose, including: registration and/or authorization in the Mobile Application; other use of the functionality of the Mobile Application shall be confirmation of the User's familiarization and acceptance of the terms of this Agreement in full. If the User disagrees with any of the provisions of the Agreement, the User shall not have the right to use the Mobile Application. If the Copyright Holder has made any changes to the Agreement in the manner prescribed by paragraph 2.9. of the Agreement with which the User does not agree, the User is obliged to stop using the Mobile Application.
2.9. The Copyright Holder reserves the right to make changes to this Agreement without any special notice. The new version of the Agreement and/or mandatory documents specified therein shall enter into force from the moment it is posted in the Mobile Application, unless otherwise provided by the new version of the Agreement, and the User undertakes to independently regularly monitor changes to the Agreement. The User's continued use of the Mobile Application after the posting of changes to this Agreement shall mean the User's consent to these changes.
2.10. The Copyright Holder reserves the right, at its own discretion, to determine whether the User has violated the terms of this Agreement and to take such measures as it deems appropriate.
2.11. The current version of the Agreement is published in the Mobile Application and on the mobile application support website at: ____________________________
3. Subject of the Agreement
3.1. Under this Agreement, the Licensor (Copyright Holder) grants the Licensee (User) a non-exclusive, royalty-free, non-sublicensable and non-transferable right to: access the Mobile Application, including access to the main functions of the Mobile Application and the information posted therein, and use it exclusively in accordance with this Agreement for personal non-commercial purposes. The Licensee (User) may not: modify the Mobile Application, study, research or test the functioning of the Mobile Application in order to determine the ideas and principles underlying any element of the Mobile Application, including, but not limited to, processing, modifying, reconstructing, decompiling and disassembling, reproducing and converting the object code into source text or instructing other persons to perform these actions.
3.2. The operation and maintenance of the Mobile Application, as well as the provision of access to the Mobile Application to Licensees, is carried out exclusively by the Licensor. The use of the Mobile Application by the Licensee occurs in interactive (online) mode by connecting the Licensee to the World Wide Web. The Licensor is the sole copyright holder of the absolute volume of rights to the Mobile Application and all its elements, taken both individually and in aggregate, with the exception of the Content, the rights to the elements of which may belong to the Licensee or third parties. The Licensor has the right to use, operate and distribute the Mobile Application in the relevant territories where it ensures its use, operation and distribution.
3.3. The right to use the Mobile Application is granted by the Licensor to the Licensee free of charge.
4. Limits (methods) of using the Mobile Application
4.1. The Licensee has the right to use the Mobile Application in the following ways:
4.1.1. use the main functionality of the Mobile Application in compliance with the procedure and rules provided for in this Agreement;
4.1.2. reproduce the Mobile Application solely for personal use and for non-commercial purposes by copying it to the memory of your mobile device (downloading).
4.2. The User (Licensee) has no right to:
4.2.1. Reproduce, distribute, process for commercial or non-commercial purposes elements of the Mobile Application that are the subject of the copyright of the Licensor or third parties, in the absence of the corresponding permission of the Licensor to perform these actions;
4.2.2. Reproduce design elements or user interface of the Mobile Application when creating websites or conducting any commercial activity on the World Wide Web or outside of it;
4.2.3. Transfer the rights granted to the Licensee to use the Mobile Application, including the login and password, to third parties either by concluding a sublicense agreement or in any other way;
4.2.4. Violate the rules for using the Mobile Application set out in this Agreement.
5. The procedure for registering the User and
Rules for using the Mobile Application
5.1. To Register, the User independently installs the Mobile Application on his/her Device using the Internet services of the App Store or Google Play, available on the public information and telecommunications network "Internet" at the network address: apps.apple.com and play.google.com, respectively.
5.2. After launching the Mobile Application on their Device, the User enters their email address (Login) in the Mobile Application for Registration.
5.3. In the Mobile Application, the User is provided with the following information for review (by displaying it in the Mobile Application on the Device screen):
5.3.1. This Agreement;
5.3.2. Privacy Policy.
The User cannot start Registration without agreeing to the terms of the specified documents. The User who has not timely familiarized himself with the terms of the specified documents assumes all risks associated with adverse consequences for the User. By pressing the active "Next" button in the Mobile Application, the User expresses his unconditional consent to this Agreement and also gives his consent to the processing of the User's personal data under the terms of the Privacy Policy using automation tools and/or without using such tools to the Copyright Holder.
5.4. After the User presses the "Next" active button in the Mobile Application, a one-time confirmation code (password) is automatically generated (created) and sent to the email address specified by the User, after which the User is given the opportunity to perform further actions to use the Mobile Application. Subsequently, when Authorizing in the Mobile Application, the Login for accessing the User's Personal Account is the email address specified by the User during Registration. The confirmation code (one-time password) for entering the Personal Account is automatically generated (created) and sent to the User to the email address specified by him during registration when it is necessary to enter the Personal Account.
5.5. After authorization on the authorization screen, the User (Licensee) has the right to use the Mobile Application subject to compliance with this Agreement.
5.6. The person who has logged in on the authorization screen is considered the proper owner of the Mobile Application, access to use and management of which was obtained as a result of such authorization. The login and password are used for authorization in the Mobile Application. Multiple incorrect entries of such data may lead to temporary blocking of the Mobile Application. Unless the User (Licensee) proves otherwise, any actions performed using his mobile device are considered to be performed by the relevant User (Licensee). In the event of unauthorized access to his mobile device, the User (Licensee) is obliged to immediately notify the Licensor about this by e-mail: [email protected] .
5.7. If authorization is impossible due to incorrectly entered email data or for other reasons, the User (Licensee), in addition to fulfilling the conditions stipulated in the Agreement for independent restoration of access, has the right to contact the Licensor's support service at the email address specified in paragraph 5.6 of this Agreement. The methods for restoring access to the Mobile Application may be changed, cancelled or supplemented by the Licensor unilaterally.
5.8. The Licensor does not guarantee the absence of interruptions due to technical malfunctions or maintenance work. The Licensor does not guarantee that the Mobile Application or any of its elements will function at any specific time in the future or that they will not stop working.
5.9. The User (Licensee) does not have the right to perform the following actions:
5.9.1. change, reproduce, copy, process (including translation), distribute (including sale, rental, lease, etc.), publish or modify the Mobile Application, in whole or in part;
5.9.2. decompile, disassemble, decrypt, or otherwise attempt to extract the object code of the Mobile Application and its components for the purpose of using them in a manner not expressly specified in the current Agreement, which would allow for unauthorized access to the Mobile Application and the algorithms embedded in it;
5.9.3. perform other actions or use the Mobile Application in any other way not expressly provided for by this Agreement.
5.10. The User (Licensee) shall not have the right to upload or otherwise make publicly available the Content and other results of intellectual activity of the Licensor and other copyright holders, in the absence of the explicit consent of the Copyright Holder and/or the necessary scope of rights for such actions.
5.11. As part of the more functional use of the Mobile Application, when logging into the Mobile Application, Users may be asked to provide the User's name and email address. This information is included in the User's account, with which the User uses the Mobile Application. In this case, the Mobile Application has access to and uses the following information on the User's device:
- Username;
- User's email address.
The Licensee (User) hereby voluntarily, of its own free will and in its own interests gives its full and unconditional consent to the Licensor (Copyright Holder) Operator for the purposes, scope and timeframes specified in the Privacy Policy, and for the purposes of fulfilling the User Agreement to process the personal data of the Licensee (User) specified by them during registration in the Mobile Application, for the purpose of providing (the Licensee) the User with the functional ability to use the Mobile Application and receive a response to the information requested from the Licensor (Copyright Holder), and also grants the Licensor (Copyright Holder) the right to transfer the personal data of the Licensee (User) specified by them during registration in the Mobile Application to third parties in cases established by the legislation of the Russian Federation, without paying the Licensee (User) remuneration, both without the use of automation tools and with their use. During the processing of personal data, the Licensor (Copyright Holder) may perform the following actions: collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction, as well as any other actions). Storage of personal data is carried out in accordance with the current legislation of the Russian Federation and the Privacy Policy of the Mobile Application. By providing this consent, the Licensee (User) confirms that he assumes responsibility for the accuracy and reliability of my personal data specified during registration and / or use of the Mobile Application, their timely updating, and also confirms that the content of his rights as a subject of personal data in accordance with the requirements of the current legislation of the Russian Federation on personal data is known and understandable to him, and in the part concerning him, the Licensee (User) undertakes to comply with them and fulfill them in full (including, but not limited to: the legislation of the Russian Federation in the field of personal data protection.
The Licensee (User) undertakes not to include in the personal data transferred by him/her any data that poses a particular risk to his/her rights and freedoms (the so-called “sensitive personal data”): racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, data concerning health, sexual life, biometric or genetic data. The personal data provided by the Licensee (User) is processed until the moment when he/she deletes the Mobile Application and revokes his/her consent to the processing of personal data.
The Licensee (User) confirms that he/she is familiar with the Privacy Policy of the Licensor (Copyright Holder). In this case, a written form or other evidence for additional confirmation of the User's free expression of will to provide consent to the processing of personal data will not be required.
The Licensee (User) hereby provides this consent to the processing of personal data for a period until the User deletes the Mobile Application and revokes his consent to the processing of personal data.
5.12. The Copyright Holder reserves the right at any time to require the User to confirm the data specified during registration, failure to provide which, at the discretion of the Copyright Holder, may entail the consequences provided for in paragraph 6.14, paragraph 6.15, 6.18.4.2., 6.18.4.3. of this Agreement. If the User's data specified in the documents provided by him do not correspond to the data specified during registration, as well as in the case when the data specified during registration does not allow the User to be identified, the Copyright Holder has the right to deny the User access to the Mobile Application.
5.13. The User’s personal information contained in the User’s account is stored and processed by the Copyright Holder in accordance with the terms of the Privacy Policy.
5.14. The User is solely responsible for security, as well as for all actions (their consequences) within or using the services of the Mobile Application under the User's account, including cases of voluntary transfer by the User of data for access to the User's account to third parties under any conditions.
5.15. The User is obliged to immediately notify the Copyright Holder of any case of unauthorized (not authorized by the User) access to the Mobile Application using the User's account and/or of any violation (suspected violation) of the confidentiality of his/her password.
Unless the User proves otherwise, any actions performed using his/her login are considered to be performed by the corresponding User. In case of unauthorized access to the login and password and/or the Mobile Application using the User's login and password, or distribution of the login and password, the User is obliged to immediately notify the Administration at the address: [email protected] .
5.16. After registration, the User receives the right to independently create, use and determine the content of the Mobile Application and the conditions for access of other Users to its content.
5.17. The User, as the owner of the information posted in the Mobile Application, understands that, except for cases established by the Agreement and the legislation of the Russian Federation, the Licensor (Copyright Holder) does not participate in the formation and use of content and control of access of other users to the content of the User's content in the Mobile Application.
5.18. The User agrees that the Licensor (Copyright Holder) reserves the right to block or delete the User's account, or to terminate the User's account in relation to any service of the Mobile Application and to delete any User content without explanation, including in case of violation of the Agreement or non-use of the relevant service of the Mobile Application.
5.19. The Licensor (Copyright Holder), at the request of the holders of rights to intellectual property objects, or on its own initiative, deletes the said intellectual property objects posted by the User in violation of the requirements of the Agreement and Russian legislation and/or international law.
5.20. The Licensor (Copyright Holder) may delete the User's account at any time, including in cases where the Licensee (User) uses the Mobile Application for commercial purposes, and in this case it shall not bear any liability for the termination of the User's access to the Mobile Application.The Licensee (User), in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe Licensor (Copyright Holder) that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
6. License terms for using the Mobile Application
6.1. The User is granted the right to use the Mobile Application solely for the purpose of personal non-commercial use in accordance with the procedure and terms of this Agreement.
6.2. The Agreement does not mean the transfer of any rights to the User, except for those listed in this Agreement.
6.3. The User undertakes not to use trademarks associated with the Mobile Application, and not to use, copy, modify, alter, merge or transfer copies of the Mobile Application under conditions other than the terms of this Agreement.
6.4. The Agreement shall enter into force from the moment of its acceptance by the User. Installation of the Mobile Application and the start of its operation on the User's Device shall mean the User's unconditional consent to all provisions of this Agreement.
6.5.The User acknowledges and agrees that the Mobile Application and all necessary programs associated with it contain confidential information that is protected by intellectual property laws and other Russian laws and international law and copyright. The User undertakes not to modify, sell, or distribute the Mobile Application in whole or in part, or to use the Mobile Application for commercial purposes.
6.6. The Licensor (Copyright Holder) grants the Licensee (User) a personal, non-exclusive and non-transferable right to use the Mobile Application on the Device owned by the Licensee (User), provided that neither the Licensee (User) nor any other persons with the assistance of the Licensee (User) will copy or modify the software of the Mobile Application; create other Mobile Applications derived from the software of the Mobile Application; penetrate the software of the Mobile Application in order to obtain program codes; sell, assign, lease, transfer to third parties in any other form the rights in relation to the Mobile Application provided to the User under this Agreement, as well as modify the software of the Mobile Application, including for the purpose of obtaining unauthorized access to it, or use the Mobile Application for commercial purposes.The Licensee (User), in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe Licensor (Copyright Holder) that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
6.7. Users who have posted in the Mobile Application the results of creative activity, the right to use which they have, grant the Copyright Holder, free of charge, a non-exclusive right to use such result of creative activity.
6.8. The Agreement shall terminate:
6.8.1. at the initiative of the User after the termination of use of the Mobile Application and the destruction (removal or erasure of the program code from the storage media on which the Mobile Application is recorded) by the User of all copies of the Mobile Application at his/her disposal;
6.8.2. at the initiative of the Copyright Holder in the event of a violation by the User of the terms of the Agreement on the use of the Mobile Application.
6.9. The Mobile Application is provided to the User without any guarantees. The Copyright Holder shall not bear any liability for damage or losses to the User or third parties related to the use of the Mobile Application contrary to the terms of the Agreement or the description of the operation of the Mobile Application provided by the Copyright Holder, including, but not limited to, the consequences for the User's software, the User's hardware and Internet connections, as well as for the safety of the Content and the User's information posted in the Mobile Application.
6.10. The User has no right to use the Mobile Application to create derivative works from it or to use such derivative works.
6.11. In the event that the User intends to terminate this Agreement on his own initiative, or the User receives a notice from the Copyright Holder to the email address specified by the User during registration regarding the termination of this Agreement, the User is obliged to:
6.11.1. Within one calendar day, stop using the Mobile Application by uninstalling it;
6.11.2. Within three calendar days, destroy (delete, erase the program code from the media on which it is recorded) all copies of the Mobile Application in his possession.
6.12. The User is prohibited from decompiling the Mobile Application independently or with the involvement of third parties.
6.13. The User is prohibited from distributing, making publicly available, or otherwise providing third parties with access to the Mobile Application.
6.14. The Licensor (Copyright Holder) has the right to block the User’s (Licensee’s) access to the Mobile Application in the event of the User’s violation of any of the obligations under this Agreement without any prior warning, and in this case, it does not bear any responsibility for the termination of the User's access to the Mobile Application.The Licensee (User), in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe Licensor (Copyright Holder) that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
6.15. The Licensor (Copyright Holder) reserves the right to terminate the Agreement at any time for organizational and technical reasons unilaterally without prior notice to the Licensee (User), blocking the ability to use the Mobile Application, and in this caseLicensor (Copyright Holder) bears no responsibility for termination of accessLicensee (User)
to the Mobile Application.The Licensee (User), in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe Licensor (Copyright Holder) that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
6.16. The User acknowledges and agrees that the Licensor (Copyright Holder) does not provide the User with communication services that are regulated by the Federal Law "On Communications" dated 07.07.2003 No. 126-FZ, and is not responsible for malfunctions in the equipment and communication networks owned by third parties and used to provide communication services to the User.
6.17. The User acknowledges and agrees that since the Mobile Application is constantly being supplemented and updated, the form and nature of the functionality of the Mobile Application may change from time to time without prior notice to the User. The User acknowledges and agrees that the Copyright Holder has the right, if necessary, at its sole discretion, to terminate or limit (temporarily or permanently) the provision of the Mobile Application (or any individual functions of the Mobile Application) to all Users in general or to an individual User in particular, without prior notice, and also to block or delete the User's account, including in the event of a violation by the User of the terms of the Agreement or the terms of other current legal documents of the Copyright Holder posted in the Mobile Application. The Licensee (User), in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe Licensor (Copyright Holder) that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
6.18. Rights and obligations of the Licensor
6.18.1. The Licensor carries out the current management of the Mobile Application, determines its structure, appearance, permits or restricts the Licensee's access to the Mobile Application in case of violation of the provisions of this Agreement, and exercises other rights belonging to it.
6.18.2. In terms of providing the opportunity for the Licensee to independently perform certain actions within the Mobile Application, the Licensor acts solely as the person who has organized the technical possibility of such interaction. The transfer, storage and provision of access via the Internet and the Mobile Application software to the information, graphic images and other materials provided by the Licensees associated with such interaction are carried out without the Licensor influencing the process of such interaction.
6.18.3. The Licensor independently decides on the procedure for placing advertisements in the Mobile Application, participation in affiliate programs, etc.
6.18.4. The Licensor has the right:
6.18.4.1. At any time, change the design and user interface of the Mobile Application, its content, the content of the functions provided, change or supplement the scripts used, software, the Licensor's Content and other objects used or stored in the Mobile Application, any server applications without mandatory notification of the Licensee;
6.18.4.2. At any time, suspend, restrict or terminate the Licensee’s access to the Mobile Application, terminate this Agreement for organizational or technical reasons unilaterally by deleting the Mobile Application from the Licensee’s mobile device or blocking the ability to use it, as well as in this case, it does not bear any responsibility for the termination of the User's access to the Mobile Application.The Licensee (User), in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe Licensor (Copyright Holder) that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
6.18.4.3. Terminate the User's access to the Mobile Application without justification in cases established by the User Agreement, including when the User violates the Russian Federation legislation on intellectual property. The Licensee (User), in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe Licensor (Copyright Holder) that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
6.18.4.4. Send messages to Licensees that are service notifications, notifications about the introduction of new or cancellation of old functions of the Mobile Application, and also containing advertising information about the functions of the Mobile Application;
6.18.4.5. When using the Mobile Application, make comments to Licensees, warn, notify, and inform them of non-compliance with this Agreement. The Licensor’s instructions given to the Licensee during the process of using the Application are mandatory for the Licensee to follow;
6.18.4.6. Take measures not prohibited by law to protect one’s own intellectual rights in relation to the Mobile Application;
6.18.4.7. The Licensor has the right to transfer the rights and obligations under this Agreement to third parties for the purpose of fulfilling this Agreement, without the additional consent of the Licensee.
6.18.5. The Licensor has the right, at its own discretion, to make changes, modify the Mobile Application, expand its individual functional capabilities, or terminate the development and technical support of the Mobile Application without prior notice to the Licensee (User).
6.18.6. Any version of the Mobile Application is provided by the Licensor "as is", which means that the Licensor does not provide any guarantees with respect to the Mobile Application or its individual Functional Capabilities, in particular, the Licensor does not guarantee to the Licensee (User) that the Mobile Application, its individual functional capabilities, their direct or indirect effect and quality will meet the requirements and purposes of the Licensee (User), the Mobile Application, its individual functional capabilities will be provided continuously, reliably and without errors; the results that will be obtained through the use of the Mobile Application, its individual functional capabilities, will be accurate, reliable and meet the expectations of the Licensee (User). The Licensee (User), in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe Licensor (Copyright Holder) that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
6.18.7. The Licensor has the right to designate the Mobile Application or its individual functional capabilities as a beta version, including any alpha version or other preliminary version (hereinafter referred to as the "Beta Version"). The Beta Version is provided to Licensees (Users) for the purpose of testing, identifying possible malfunctions and inaccuracies, and receiving feedback and suggestions from Licensees (Users).
6.18.8. Regardless of the testing results, the Licensor is not obliged to make the Beta version available for general use. The Licensee (User) does not provide any services to the Licensor. The User participates in testing the Beta version on a voluntary basis, the Licensee (User) cannot demand any compensation and/or reward due to such participation, including for providing the Licensor with discovered defects, their wishes and feedback related to the Beta version.
6.18.9. The Copyright Holder has the right to send Users of the Mobile Application messages of an informational and advertising nature.
6.18.9. The Licensor undertakes the following obligations:
6.18.9.1. Under the conditions set forth in this Agreement, provide the Licensee with the opportunity to use the Mobile Application, and grant rights to use the Mobile Application as software;
6.18.9.2. Notify the Licensee by publishing information in the Mobile Application or sending messages about changes to the terms of this Agreement.
6.18.10. The Licensee has the right to:
6.18.10.1. Use the Mobile Application in compliance with the obligations and rules provided for in this Agreement;
6.18.10.2. Carry out other actions related to the use of the Mobile Application that are not prohibited by the legislation of the Russian Federation or this Agreement.
6.18.11. Obligations of the Licensee
6.18.11.1. Comply with the terms of this Agreement without any restrictions;
6.18.11.2. Not to exceed the limits of the granted right to use the Mobile Application, established in this Agreement;
6.18.11.3. Not to otherwise violate the intellectual property rights of the Licensor in relation to the Mobile Application or any of its elements;
6.18.11.4. The Licensee has no right to copy, broadcast, distribute, publish, or otherwise distribute or reproduce materials (text, graphic, audio/video materials) posted by the Licensor within the Mobile Application without the written consent of the Licensor;
6.18.11.5. Comply with all instructions and orders of the Licensor. Hereby, in the event of the Licensee’s failure to comply with such instructions, the Licensor has the right to remove the Mobile Application from the User’s Device, suspend, restrict, or terminate the provision to the Licensee of the rights to use the Mobile Application or its individual functions, including the Additional Functionality of the Mobile Application, and in this case the Licensorunder no circumstances shall bear any liability for termination of the User's access to the Mobile Application.The Licensee (User), in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe Licensor (Copyright Holder) that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
6.18.11.6. Review the updates to this Agreement;
6.18.11.7. Comply with other requirements and fulfill other obligations provided for by this Agreement.
6.18.11.8. The Licensee is responsible for all actions carried out using the Mobile Application.
6.18.12.When using the Mobile Application, the Licensee (User) is obliged to:
6.18.12.1. Comply with the provisions of the current legislation of the Russian Federation, the Agreement and other special documents of the Administration;The User undertakes to use the Mobile Application only for lawful purposes. Any actions by the User that, in the opinion of the Copyright Holder, limit or hinder the exercise of the rights of another User of the Mobile Application are not permitted.
Provide accurate, complete and up-to-date data upon registration and ensure that it is updated;
6.18.12.2. Inform the Licensor (Copyright Holder) about unauthorized access using the User’s login;
6.18.12.3. Do not provide access to the Mobile Application to other Users if this may lead to a violation of the legislation of the Russian Federation and/or the Agreement, Privacy Policy and other documents of the Copyright Holder.
6.18.12.4. Do not post in the Mobile Application information and objects (including links to them) that may violate the rights and interests of other persons;
6.18.12.5. Before posting information and objects (including, but not limited to, images of other people, other people’s texts of various content, audio recordings and videos), preliminarily evaluate and confirm the legality of their posting;
6.18.12.6.Keep secret and do not provide to other Users and third parties personal data (including home addresses, telephone numbers, email addresses, passport details, banking information) and information about the private life of other Users and third parties that became known to him as a result of communication with other Users and other use of the Mobile Application without obtaining the appropriate prior permission from the latter;
6.18.12.6. Carry out backup copying of information and User Content that is important to the User and stored in the Mobile Application.
6.18.13. When using the Mobile Application, the User is prohibited from:
6.18.13.1. Register as a User on behalf of or instead of another person (“fake account”) or register a group (association) of persons as a User, while registration on behalf of and on behalf of another individual or legal entity is possible, subject to obtaining the necessary powers in the manner and form stipulated by the legislation of the Russian Federation;
6.18.13.2. Mislead Users regarding their identity or organization by using the login and password of another registered User; distort information about themselves, their age or their relationships with other individuals or organizations
6.18.13.3. Upload, store, publish, distribute, provide access to or otherwise use any information that:
6.18.13.4. Contains threats, discredits, insults, defames the honor and dignity or business reputation or violates the privacy of other Users or third parties;
6.18.13.5. Violates the rights of minors;
6.18.13.6. Is vulgar or obscene, contains obscene language, contains pornographic images and texts or scenes of a sexual nature involving minors;
6.18.13.7. Contains scenes of violence or inhumane treatment of animals;
6.18.13.8. Contains a description of the means and methods of suicide, any incitement to commit it;
6.18.13.9.Propagates and/or contributes to the incitement of racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;
6.18.13.10. Contains extremist materials;
6.18.13.11. Promotes criminal activity or contains advice, instructions or guidelines for committing criminal acts;
6.18.13.12. Contains restricted access information, including state and commercial secrets, information about the private life of third parties;
6.18.13.13. Contains advertising or describes the attractiveness of using narcotic substances, including “digital drugs” (sound files that affect the human brain through binaural beats), information about the distribution of drugs, recipes for their manufacture and advice on use;
6.18.13.14. Is fraudulent in nature; and also violates other rights and interests of citizens and legal entities or the requirements of the legislation of the Russian Federation;
6.18.14. When using the Mobile Application, the User is prohibited from:
6.18.14.1. Illegally upload, store, publish, distribute, provide access to, or otherwise use the intellectual property of Users and third parties;
6.18.14.2. Carry out mass mailings of messages without the consent of Users;
6.18.14.3. Send advertising information to Users;
6.18.14.4. Use software and perform actions aimed at disrupting the normal functioning of the Mobile Application and its services or personal pages of Users
6.18.14.5. Upload, store, publish, distribute, provide access to, or otherwise use viruses, Trojans, or other malicious programs;
6.18.14.6. Use automated scripts (programs) to collect information in interaction with the Mobile Application and its services;
6.18.14.7. By any means, including through deception, abuse of trust, hacking, attempt to gain access to the login and password of another User; carry out illegal collection and processing of personal data of other persons;
6.18.14.8. Reproduce, duplicate, copy, sell, trade, and resell the Services for any purposes, except in cases where such actions have been expressly permitted to the User in accordance with the terms of a separate agreement with the Copyright Holder;
6.18.14.9.Post commercial and political advertising in the Mobile Application; 6.18.14.10.Post any other information that, in the personal opinion of the Copyright Holder, is undesirable and does not correspond to the purposes of creating the Mobile Application;
6.18.14.11. Infringes on the interests of Users or for other reasons is undesirable for placement in the Mobile Application.
6.18.15. When using the Application, Registered Users are prohibited from publishing and/or otherwise using any personal data of third parties and/or creating Accounts using the personal data of third parties. The User, using whose Account such information was published and/or otherwise used, shall be responsible for the publication and/or other use of any information, including information related to third parties.
6.18.16.The Licensee (User) is personally responsible for any information that he/she posts in the Mobile Application, communicates to other Users, as well as for any interaction with other Users, carried out at his/her own risk.
The User hereby agrees not to reproduce, repeat or copy, sell or resell, or use for any commercial purposes any part of the Mobile Application services, use of the services or access to them. By registering in the Mobile Application, the User receives a non-transferable right to use their registration to access the Mobile Application services. The User does not have the right to transfer their registration to a third party, and does not have the right to receive it from a third party.6.18.17.The Copyright Holder shall not bear any liability under any agreements between the User and any third parties.
6.18.19.In case of doubts regarding the legality of certain actions, including posting information in the Mobile Application or providing access, the Copyright Holder recommends refraining from the latter.
6.18.20. The Licensee (User) guarantees that it has all the necessary powers to enter into this Agreement.
6.18.21.In case of disagreement of the Licensee (User) with the terms of the Agreement or their updates, the User is obliged to refuse to use it, informing the Copyright Holder about this by e-mail: [email protected] .
7. Terms of posting User Content in the Mobile Application
7.1. The User agrees that he/she bears sole and independent responsibility for the content of the Content posted in the Mobile Application, its compliance with the requirements of the current legislation, including liability to third parties for the violation of their rights and legitimate interests, including exclusive and/or personal non-property rights, and is obliged to compensate the Copyright Holder for damages caused, including legal costs, arising as a result of such violations, as well as as a result of failure to comply with the guarantees provided for in paragraph 5.4. of this Agreement.
7.2. The User has no right to post or provide for posting in the Mobile Application Content that: is harmful, threatening, offensive, slanderous, offends morality, demonstrates (or is propaganda) of violence and cruelty, promotes hatred and/or discrimination against people on racial, ethnic, sexual, religious, social grounds, contains insults against any persons or organizations, contains elements of (or is propaganda) pornography, child erotica, constitutes advertising (or is propaganda) of services of a sexual nature (including under the guise of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons; violates the rights of third parties, including minors and/or harms them in any form; contains commercial or confidential information; violates the exclusive and/or personal non-property and other intellectual rights of third parties; is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," links to websites, or any other form of solicitation; contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the operation of any computer software or hardware or communications equipment; includes falsified or counterfeit information that conceals the true origin of the Content provided by the User; violates other provisions of the legislation of the Russian Federation, and is contrary to international law.
7.3. The User agrees that the Copyright Holder is not obliged to carry out a preliminary check of any type of Content posted and/or transmitted by the User for posting in the Mobile Application, and that the Copyright Holder has the right, at its sole discretion, to refuse the User to post the Content provided by him or to remove any Content that is accessible through the Mobile Application. The User understands and agrees that he must independently assess all the risks associated with the posting and distribution of such Content, including an assessment of the reliability, completeness and usefulness of such Content. In accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, the User certifiesThe copyright holder that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
7.4.The user in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian FederationThe User assures the Copyright Holder that he/she independently evaluates all risks associated with the posting of any information and/or Content, including the assessment of the legality, reliability, completeness or usefulness of this Content. The User understands that the technology of the services may require the transfer of the User's Content over computer networks, as well as its modification to meet technical requirements.
7.5. The User is fully responsible for all Content that he/she uploads, sends, transmits or otherwise makes available through the services of the Mobile Application. The Copyright Holder does not control the Content transmitted through its services and, therefore, does not guarantee the accuracy, completeness or quality of this content. Under no circumstances will the Copyright Holder be liable for the Content created by Users of its Mobile Application and posted in the Mobile Application.
7.6. The placement of the User’s information in the Mobile Application does not mean its approval, recommendation for use or application by the Copyright Holder.
7.7. The copyright holder shall not be liable for the User’s posted information, including, but not limited to, liability for possible violation by the User of trademark rights, violations arising from the use of brand names of other organizations.
7.8. The Copyright Holder may
terminate the User's access to the Mobile Application as a whole or
to any part without prior warning if the User is involved in actions
that the Copyright Holder considers to violate the rules and
regulations of use set out in this Agreement and other documents
posted by the Copyright Holder in the Mobile Application. In the
event of termination of the User's access to the Mobile Application,
the Copyright Holder shall not be liable for notifying or failing to
notify any third parties of the termination of the User's access to
the Mobile Application and for any consequences arising from such
warning or lack thereof. 7.9. The possibility of storing the User's
information materials in the archives of the Mobile Application is
determined by the technical capabilities of the Mobile Application.
The Copyright Holder does not provide the User with any guarantees
regarding the possible storage periods of materials in the archive
and does not provide any guarantees regarding the safety of the
Content and information of the User posted by him in the Mobile
Application. Under no circumstances shall the Copyright Holder bear
any liability for the intentional or accidental deletion of the
Content or information of the User posted by him in the Mobile
Application.
The User, in
accordance with paragraph 1 of Article 431.2 of the Civil Code of the
Russian Federation, certifiesThe
copyright holder that he fully understands the meaning of this
provision of the Agreement and unconditionally accepts it.
8. AGE RESTRICTIONS
8.1. All of the Copyright Holder's products respect the privacy of children, and the Copyright Holder does not knowingly collect personal information from children. Persons under the age of 18 (eighteen) years may not perform any legal actions to register in the Mobile Application, including the Copyright Holder does not accept any information from persons under the age of 18 (eighteen) years without the prior consent of their parents or legal guardians, unless this is permitted by the current legislation of the Russian Federation. A minor User may not use the Mobile Application without the prior consent of their parents (legal representatives), if they have not reached the age sufficient to conclude a User Agreement, in accordance with the current legislation of the Russian Federation. The Copyright Holder does not check or collect information about the User's age, in this regard, the full scope of civil and other liability provided for by the legislation of the Russian Federation and international law for the illegal use of the Mobile Application by minor Users in the absence of the prior consent of their parents (legal representatives) is assigned to the legal representative (guardian) of this minor User. If the User identifies himself/herself as a child by means of a request to the Mobile Application Support and Feedback Service, the Operator will not process any personal information about such User and any personal information about such minor User will be immediately deleted in a secure manner.
8.2. The User, in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, using the Mobile Application, guarantees and confirms that he is an adult and fully capable person in accordance with the current legislation of the Russian Federation.
8.3. A User who has reached the age of 18, in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, guarantees that access to the Mobile Application by minors is carried out under his (the User's) control, and the use of the Mobile Application by minors will be carried out under the control of the User who has reached the age of 18, subject to the restrictions established by the current legislation of the Russian Federation and this Agreement.
8.4. The User undertakes not to attempt to disable or otherwise interfere with any technical means of protecting the Mobile Application or the results of intellectual activity placed within the Mobile Application.
8.5. The User undertakes to use the Mobile Application and the results of intellectual activity posted within it solely for personal, non-commercial purposes.
9. Warranties, representations, liability and limitations of liability.
9.1. The User, in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, represents and warrants that he/she will take appropriate measures to ensure the confidentiality of the credentials (login and password) used by him/her for authorization in the Mobile Application and to prevent the possibility of authorization by other persons. The User, in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, represents and warrants that he/she undertakes to use the Mobile Application only for lawful purposes and in ways that do not violate the rights of third parties.
9.2. The User, in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, represents and warrants that he/she will use the Mobile Application and the results of intellectual activity posted within it solely for personal non-commercial purposes, since otherwise any other use of the Mobile Application for commercial purposes will be an illegal use of copyrighted objects, which entails criminal liability in accordance with the procedure established by the legislation of the Russian Federation.
The User, in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe copyright holder that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
9.2. The User is solely responsible to third parties for their actions related to the use of the Mobile Application, including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with Russian Federation legislation when using the services of the Mobile Application.
9.3. The Licensor shall not be liable for any failures or interruptions in the operation of the Mobile Application and the loss of information caused by them. The Licensor shall not be liable for any damage to the Licensee's mobile device, any other equipment or software caused by or related to the use of the Mobile Application. The User, in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe copyright holder that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
9.4. The Licensor shall not be liable for the selection of a password for access to the Mobile Application by third parties and any actions performed by them using the Mobile Application.
9.5. The Licensor shall not be liable for any damage, including lost profits, or harm caused in connection with the use of the Mobile Application or other materials that the Licensee or other persons have accessed using the Mobile Application, even if the Licensor has warned or indicated the possibility of causing such damage or harm.
9.6. The Licensor shall not be liable for the Licensee’s loss of access to the Mobile Application (loss of login, password, or other information necessary for using the Mobile Application).
9.7. The Licensor shall not be liable for the Licensee's lack of access to the Internet, for the quality of services of Internet communication providers with whom the Licensee has concluded agreements on the provision of Internet access services. Any payments for communication services, including those provided by mobile operators or Internet service providers, shall be paid by the Licensee independently.
9.8. The Licensor shall not be liable for any direct or indirect damage or lost profits of the Licensee or other third parties caused as a result of:
9.9.1. unauthorized access by any third parties to the Licensee’s personal information;
9.9.2. blocking or termination of the functioning of the Mobile Application as a whole.
9.10. The Licensor is not obligated to provide the Licensee with any evidence, documents, etc., indicating a violation by the Licensee of the terms of this Agreement, as a result of which the Licensee was denied access to the Mobile Application or its individual functions, if such access was terminated and/or limited.
9.11. The Mobile Application is provided on an "as is" basis. The Copyright Holder does not provide any guarantees regarding the suitability of the Mobile Application for the specific purposes and expectations of the User, and does not provide any other guarantees. Under no circumstances will the Copyright Holder be liable to the User for damages, including any direct, indirect, intentional, incidental or consequential damages of any nature arising from the use or inability to use the Mobile Application (including, but not limited to, damages resulting from the loss of business reputation, work stoppage, technical failure, accident or malfunction, or any commercial damages, costs or losses, as well as lost profits or unjust enrichment), even if the Copyright Holder could have been or should have been aware of the possibility of such damage or the User was warned of the possibility of such damage. The User, in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe copyright holder that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
9.12. Under no circumstancesCopyright holdershall not be liable to the User or to any third parties for any indirect, incidental, unintentional damage, including lost profits or lost data, harm to honor, dignity or business reputation, caused in connection with the use of the Mobile Application, the content of the Mobile Application or other materials to which the User or other persons have accessed using the Mobile Application, even if the Copyright Holder warned or indicated the possibility of such damage.The User, in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe copyright holder that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
9.13. The Copyright Holder shall take all reasonable measures and carry out any appropriate actions aimed at ensuring the safety of the User's confidential data and maintaining the operability of the Mobile Application. The Copyright Holder shall not provide warranty service for the Mobile Application.
9.14. The Copyright Holder shall not be liable for the transfer of information by the User to third parties using the Mobile Application, or if information from the Mobile Application has become available to third parties as a result of their unauthorized access to the User's Device or the actions of a virus or malware on the User's Device.
9.15.Under no circumstancesCopyright holdershall not be liable to the User or to any third parties for:
for any direct or indirect damage and
lost profits, even if this was a result of the use or inability to
use the services of the Mobile Application.9.15.1. For the
consequences of using the information obtained through the Mobile
Application;9.15.2. For possible discrepancies between the results
obtained when using the Mobile Application and the User’s
expectations;
9.15.3. For any damage to the User’s
equipment or software that occurred as a result of using the services
of the Mobile Application 9.15.4. For the inability to use the
services of the Mobile Application for any reason;
9.15.5. For the methods of use by third parties of information available to the User in the Mobile Application.
9.16. The Copyright Holder shall not be liable for the impossibility of using the Mobile Application due to circumstances beyond its control.
9.17. In case of User registration in the Mobile Application, the User is solely responsible for the safety and confidentiality of the registration data (login and password). The User is solely responsible to third parties for all actions performed using the User's login and password.
9.18. In the event of loss or disclosure of confidential information, the Copyright Holder shall not be liable if this confidential information:
9.18.1. Became publicly known prior to its loss or disclosure;
9.18.2. Was disclosed with the consent of the User.
9.19.The User bears full personal, material and other responsibility provided for by the current legislation of the Russian Federation and the norms of international law for all operations performed in the Mobile Application, including, but not limited to: downloading, activating and transferring for use the Mobile Application issued in the name of the User to a minor (underage) User, for all actions performed by a minor (underage) User in the Mobile Application, and similar actions.
The Copyright Holder shall not bear any liability under any agreements between the User and any third parties.The User, in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe copyright holder that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
9.20. The Licensor cannot be held liable for the Licensee’s actions in using the Mobile Application.
9.21. Claims of the Licensee sent to the Licensor shall be accepted and considered provided that the Licensee’s data is current and reliable.
9.22.The Copyright Holder shall not be liable to the User or any third parties:
- for any indirect, incidental, unintentional damage, including, but not limited to, lost profits or lost data, damage to honor, dignity or business reputation caused by the use of the Mobile Application or other materials posted in the Mobile Application, to which the User or a third party has gained access using the Mobile Application, even if the Copyright Holder indicated the possibility of causing such damage.
- for the actions of other Users, for user content posted by Users in the Mobile Application, for goods/services provided by third parties or other Users through the Mobile Application.
9.23. The User assures the Copyright Holder that he/she agrees that the Copyright Holder and the authorized person are not liable and have no direct or indirect obligations to Users in relation to any possible or incurred losses or damages related to the activities of such User using the Mobile Application.
9.24.Userin accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation certifiesCopyright holder, thatI agree that under any circumstances, the liability of the Copyright Holder to the User (including compensation for moral damage) is limited to the amount of 1 (one) ruble. In this case, lost profits are not subject to compensation.
9.25. The User, in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifies that he/she has read all the clauses of this User Agreement and unconditionally accepts them.
9.26.Userin accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation certifies,that he is a fully capable person and has reached the age required in accordance with the legislation of the Russian Federation to conclude the User Agreement, License Agreements and perform other transactions provided for by the legislation of the Russian Federation.
10. Territory and validity period of the Agreement
9.1. The User has the right to use the Mobile Application in the ways described in this Agreement throughout the territory of the Russian Federation, as well as other territories where it is available using mobile devices and programs.
9.2. The right to use the Mobile Application is granted to the User for the entire period of operation of the Mobile Application, unless the exhaustion of the provided rights occurs earlier or the Copyright Holder decides to remove the Mobile Application from the User's Device. The Licensee (User), in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe Licensor (Copyright Holder) that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
9.3. This agreement shall terminate if:
9.3.1. The Licensor (Copyright Holder) makes a decision to change the provisions of this Agreement, terminate this Agreement with respect to the Licensee (User), terminate the administration and maintenance of the Mobile Application and terminate access to it, or terminate access to the use of the Mobile Application with respect to the Licensee (User);
9.3.2. The Licensor (Copyright Holder) has the right, at any time, without notice to the Licensee (User) and without explanation of reasons, to terminate this Agreement unilaterally out of court, without prior notice to the Licensee (User) and with immediate termination of the Licensee's (User's) access and ability to use the Mobile Application and without compensation for any costs, losses or refunds received under the Agreement, including in the event of:
- by one's own unmotivated decision;
- closing the Mobile Application;
- any, including a single, violation by the Licensee (User) of the terms of this Agreement. The Licensee (User), in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe Licensor (Copyright Holder) that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
9.4. The Licensor has the right, at any time, without notice to the Licensee and without explanation, to suspend access and the ability to use the Application without compensation for any costs, losses or refund received under the Agreement, including in the event of any, including a single, violation by the Licensee of the terms of this Agreement.
9.5. This Agreement does not provide for the assignment of any exclusive rights or the issuance of an exclusive license to any components of the Mobile Application from the Licensor (Copyright Holder) to the Licensee (User).
9.6. By agreeing to the terms of this Agreement, the Licensee (User) confirms their full legal capacity and capacity, confirms the accuracy of the data entered by them during registration and assumes full responsibility for their accuracy, completeness and reliability. The Licensee (User) assumes all possible risks associated with errors and inaccuracies made by them in the data provided. If the Licensee (User) is prohibited from using the Internet in accordance with the laws of their state or there are other legislative restrictions, including age restrictions for access to such software, the Licensee (User) may not use the Mobile Application. In such a case, the Licensee (User) is solely responsible for using the Mobile Application on the territory of their state in violation of local legislation. The Licensee (User), in accordance with paragraph 1 of Article 431.2 of the Civil Code of the Russian Federation, certifiesThe Licensor (Copyright Holder) that he fully understands the meaning of this provision of the Agreement and unconditionally accepts it.
6.3. The receipt, processing, storage and use of the User’s personal data is carried out by the Copyright Holder under the terms of the Privacy Policy.
6.5. The Copyright Holder processes, stores and uses information, including personal data of the User who has accepted this Agreement, provided directly by this User, and/or obtained as a result of the User’s use of the functional capabilities of the Mobile Application.
10. Final Provisions
10.1 This Agreement may be amended by the Licensor without any prior notice. Any changes to the Agreement made by the Licensor unilaterally shall enter into force on the day following the day of publication of such changes in the Mobile Application. The Licensee undertakes to independently check the Agreement for changes. The Licensee's failure to familiarize itself with the Agreement and/or the amended version of the Agreement may not serve as grounds for the Licensee's failure to fulfill its obligations and the Licensee's failure to comply with the restrictions established by the current Agreement.
10.2. The invalidity of one or more provisions of the Agreement, recognized in the established manner by a court decision that has entered into force, shall not entail the invalidity of the Agreement as a whole for the Parties. In the event that one or more provisions of the Agreement are recognized as invalid in the established manner, the Parties undertake to fulfill the obligations assumed under the Agreement in a manner as close as possible to those implied by the Parties upon conclusion and/or agreed amendment of the Agreement.
10.3. Nothing in this User Agreement may be understood as establishing between the User and the Copyright Holder of the Mobile Application agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for by the User Agreement.
10.4. Within the framework of this Agreement and the services of the Mobile Application, the rules on consumer protection provided for by the legislation of the Russian Federation may not be applicable to the relationship between the User and the Copyright Holder.
10.5. This Agreement and the relationship of the Parties in connection with this Agreement and the use of the Application are governed by the legislation of the Russian Federation.
10.6. The provisions of the Civil Code of the Russian Federation (“CC RF”), which regulate the procedure and conditions for concluding an agreement by accepting a public offer, shall apply to the form and method of concluding this Agreement.
10.7. This Agreement shall be governed by and interpreted in accordance with the legislation 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 regulated by this Agreement shall be resolved in the manner established by the current legislation of the Russian Federation, according to the norms of Russian law, regardless of the location of the User and the country of his residence or stay.
10.8. All disputes between the parties under this Agreement shall be resolved by correspondence and negotiations using the mandatory pre-trial (claim) procedure. In the event that it is impossible to reach agreement between the parties through negotiations, the dispute shall be referred by any interested party to the court at the location of the Copyright Holder (excluding the jurisdiction of the case by any other courts).
10.9. Inaction on the part of the Copyright Holder in the event of a violation by the User of the provisions of the Agreement does not deprive the Copyright Holder of the right to take appropriate actions to protect its interests later, and does not mean that the Copyright Holder waives its rights in the event of subsequent similar or similar violations.
10.10. This Agreement is drawn up in Russian and in some cases may be provided to the User for review in another language. In the event of a discrepancy between the Russian-language version of the Agreement and the version of the Agreement in another language, the provisions of the Russian-language version of this Agreement shall apply.
10.11. Appeals, suggestions and claims to the Copyright Holder related to the content and functioning of the Mobile Application, violations of the rights and interests of third parties, requirements of the legislation of the Russian Federation, as well as for requests from persons authorized by the legislation of the Russian Federation can be sent to the email address: [email protected] , as well as through the relevant section of the Mobile Application.