Appendix No. 7
to the User Agreement

Procedure for the Handling of Complaints Related to Users Posting Content at Nutson

Procedure for the Handling of Complaints Related to Users Posting Content at Nutson

Nutson shall act as an information intermediary and take steps to suppress respective violations at the request of right holders in accordance with Article 1253.1 of the Civil Code of the Russian Federation and Article 15.7 of Federal Law On Information, Information Technologies and Information Protection No. 149-FZ dated July 27, 2006.

If you find any Content on the Platform, which use, in your opinion, is unlawful, please read this document. Please be aware that we cannot properly respond to your complaint if the information on the alleged violation and the holding of rights is insufficient.

1. General

The Platform has been created so that people can keep in touch with their acquaintances, find new friends and communicate.

This Procedure for the Handling of Complaints Related to Users Posting Content on the Platform (hereinafter the “Procedure”) is an official document of Nutson and defines the Nutson policy of settling conflicts arising in connection with the Content posted by the Users on the Platform as well as the rights and obligations of Nutson, the Users and third parties in the process of settling such conflicts.

When reviewing complaints under this Procedure, Nutson will be guided by the following principles.

Lawfulness

Nutson complies with the Russian legislation and does not exercise control and censorship of relations pertaining to the use of the technical capabilities of the Platform by the Users. The Users shall have the right to freely use the capabilities of the Platform in accordance with the law to exchange information, including in the course of discussion of creative work of their favorite authors and performers, the quality and the use of goods and services of any third parties.

Support for Combating Unlawful Content

Unfortunately, some Users can use the Platform to unlawfully store, transfer, disseminate information and intellectual property items and provide access thereto; this cannot be avoided.

Nutson may not assume the functions of law enforcement or judicial authorities and is not able to assess in an unbiased manner whether any Content posted on the Platform is lawful. In the event of a disputable situation, the applicant should contact law enforcement authorities and courts.

Presumption of Users Good Faith

Nutson respects its Users and assumes that the Users comply with the requirements of applicable law and the Agreement and use the capabilities and resources of the Platform in good faith.

Nutson recommends that persons who believe that the Content posted on the Platform violates their rights and lawful interests should first of all contact the Users who posted the relevant Content. Experience shows that in most cases the conflict may be directly resolved without delay. If the desired result is not achieved, the person concerned should contact Nutson in accordance with this Procedure.

Transparency of and Ease of Access to the Procedure

Filing of complaints in accordance with this Procedure does not require any special technical or legal knowledge and skills. Complaints shall be considered free of charge under the procedure that is uniform for all applicants.

Nutson is committed to ensure that the technical aids used to file and to process complaints are reliable and that all communications with the applicants are without delay.

Good Faith Applicants

Nutson shall not consider anonymous complaints or complaints filed to the benefit of any third parties, unless the law allows such representation.

The procedure for considering complaints provided for by this Procedure should not be used by any person solely for the purpose of creating obstacles to the lawful distribution of the Content.

The applicant shall confirm that he/she has evidence that the Content in respect of which the complaint is filed was posted by the User on the Platform unlawfully.

2. Complaint regarding Unlawful Posting of Content

2.1 In case any Content is identified on the Platform that is posted by the Users without his/her permission or any other legal grounds, any right holder of copyright or related rights items (hereinafter the “Applicant”) shall have the right to file to Nutson a complaint of violation of its copyright and/or related rights to the Content.

2.2 To contact Nutson using the technical aids of the Platform, the Applicant must use his/her own signed up account on the Platform. This way is the fastest for the parties to interact.

Contacting Nutson in this way shall be deemed an electronic communication for the purpose of complying with the requirements of Article 15.7 of Federal Law On Information, Information Technologies and Information Protection No. 149-FZ dated July 27, 2006. In this case, the Applicant shall have the right to refuse the proposed efficient form of interaction and to send a notice to the legal address of Nutson Rus LLC (City of Moscow, Lyusinovskaya Str., House 36, Building 1, 10th Floor, Room 1) or to [email protected]

2.3 When filing his/her complaint to Nutson, the person must reasonably state a violation of his/her rights and lawful interests. The complaint must contain the following reliable information:

2.3.1 Information on the Applicant that enables to identify and to promptly contact him/her if required, including by e-mail:

  • For an individual, surname, first name, patronymic, passport data (series and number, issued by, issued on), contact details (phone and/or fax number, e-mail address);
  • For a legal entity, name, location and address, contact details (telephone and/or fax number, e-mail address).

2.3.2 Information on the specific Content (hereinafter the “Content in Question”) posted on the Platform without the permission of the right holder or other legal grounds.

2.3.3 URL of the Platform page with the Content in Question and URL of the User’s account and the Content in Question in order to identify the Content in Question and its original and copies on the Platform).

2.3.4 Indication that the right holder has rights to the Content in Question posted on the Platform without his/her permission or other legal grounds.

2.3.5 Indication that there is no permission of the right holder to post the Content in Question on the Platform.

2.3.6 Consent of the Applicant to the processing of his/her personal data (for the Applicant being an individual).

2.4 The Applicant shall attach copies of documents confirming the Applicant’s rights to the Content in Question. In addition to the above documents, the Applicant shall have the right to provide any other information, including links to official resources, proving that the Applicant has the rights to the Content in Question. The complaint may be accompanied by documents containing other additional information on the complaint. If the complaint is filed by an authorized person, a copy of the document confirming his/her authority shall be attached to the complaint.

2.5 Due to hardware restrictions of the Platform, the Applicant shall make sure that the limit of characters is not exceeded. Nutson shall not be liable for failure to take steps in relation to any Content in Question at URLs outside the specified limit in the event of a malfunction in the transfer of the relevant information to Nutson.

2.6 Regardless of the format for providing the URLs (directly in the web form or in an attached document), the relevant hyperlinks must be active, i.e. one shall be able to automatically navigate to the Content in Question without manually typing the URL.

2.7 The size of each electronic file attached to the complaint shall not be more than two hundred (200) megabytes. By filing his/her complaint in the manner prescribed by this Procedure, the Applicant agrees that the information on him/her and/or the persons authorized by him/her (including personal data) and his/her application will be used by Nutson for further communications regarding the complaint and may be sent by Nutson to the User who files his/her objections.

2.8 In case it is identified that the complaint contains insufficient information, inaccuracies or errors, Nutson shall have the right to send the Applicant a notice of clarification of the information provided.

2.9 The Applicant shall take steps aimed at providing the missing information, eliminating inaccuracies and errors, and send Nutson the updated information within 24 hours from the receipt of the notice specified in clause 2.8 of this Procedure.

3. Considering the Complaint regarding Unlawful Posting of Content and Response Measures

3.1 If the received complaint fully complies with the requirements of clauses 2.2 to 2.7 of this Procedure and there are no signs of abuse of right described in clause 5 of the Procedure, Nutson shall take steps required to stop the violation of the Applicant’s intellectual rights, as described in clause 3.2 below. The date of complaint receipt shall be deemed the date of successful sending by the Applicant of the filled in form through the Platform interface, that is displayed, in particular, in the relevant section of the Applicant’s page on the Platform, or the date of sending the complaint at [email protected], or the date when Nutson receives the complaint in hard copy at the legal address of Nutson Rus LLC (City of Moscow, Lyusinovskaya Str., House 36, Building 1, 10th Floor, Room 1).

3.2 Nutson shall delete the Content in Question within the period established by law from the date the complaint or the information clarified by the Applicant is received (if the notice specified in clause 2.8 of this Procedure is sent to the Applicant).

3.3 If Nutson has evidence confirming that the posting of the Content in Question on the Platform is legally valid, Nutson shall have the right not to take the steps provided for by clause 3.2 of this Procedure. In any case, a dispute between right holders may be referred to a competent court.

3.4 In case there are any questions or reasonable objections to the deletion of the Content in Question, the User may contact the Technical Help Center of the Platform (when filing his/her objections, the User shall provide reliable information on the rights to the Content in Question, the grounds for having such rights and duly certified copies of documents confirming the User’s rights to the Content in Question).

4. Abuse of the Procedure for Considering Complaints

Abuse of the opportunities of the procedure established by this Procedure is not allowed.

The following acts shall be recognized by Nutson as the abuse by Applicants:

  • Repeated complaints that formally meet the requirements of this Procedure but contain knowingly false information that is proved by check results;
  • Falsification of documents (including electronic ones) and information;
  • Filing a complaint in violation of clause 2.2 of the Procedure or using an account containing unreliable information;
  • Using automated mail-outs and/or bots to contact and/or to communicate with Nutson;
  • Having filed to Nutson an electronic complaint under this Procedure, the Applicant files in any other way a complaint that is the same on its merits and relates to the same Content in Question, unless there is a reference to the number of the electronic complaint filed originally, and vice versa;
  • Filing an electronic complaint in accordance with the Procedure after the complaint that is the same on its merits and relates to the same Content in Question has been sent to Nutson in any other way.

5. Information Storage and Confidentiality

Nutson shall have the right to store all data, documents and e-mails related to the consideration of the complaint for three (3) years from the date the complaint consideration procedure is completed, unless longer storage and use of the relevant information is required for the purposes of protecting the Nutson rights. This provision of the Procedure shall not affect the time of information storage on the personal page of the Platform used by the Applicant to file his/her complaint that shall be determined by the Applicant.

Nutson shall not disclose the information on the progress of considering the complaint, the content of the deleted Content in Question and complaints, except as established by the current legislation and this Procedure.