Licence Agreement

If you create your personal page, enter your personal page or a personal page of any other licensee on the social network "NUTSon", or download or copy any content posted thereon, or use the social network in any other way, you accept this license agreement and confirm your consent to all terms and conditions thereof without any limitations.

The present licence agreement (hereinafter referred to as "the Agreement") shall regulate the relationship between the Limited Liability Company "NUTSon", hereinafter referred to as "the Licensor", and you, the Licensee of the Social Network (hereinafter referred to as "the Licensee"), with regard to the use of the Social Network.

1. Terms used in this Agreement

  • 1.1. Social Network means the social network known under the name "NUTSon", located on the website under the following link: https://www.nutson.us and available for the Licensee through the website, the mobile version of the website, applications and other resources which constitute a result of intellectual activity in the form of software. In its objective form, the Social Network shall constitute the entirety of data and commands and generated audiovisual information displays (including graphic images and user interface being a part of it) (hereinafter referred to as "the data and commands") designed for the functioning of computers and mobile devices for the purpose of obtainment of a certain result in the form of the organization of the functionality of a social network. The entirety of the data and commands consists of activated and inactivated data and commands.

  • The Social Network enables the Licensees, subject to the condition that they have Internet access, to create Personal Pages and to view the content of Personal Pages of other Licensees, to carry out contextual search with regard to other Licensees, to create Challenges and Fundings, and to become a participant of already existing Challenges and Fundings, to post and download media content, as well as to use any other functional possibilities of the Social Network. The rights to use (activated and inactivated) data and commands are transferred to the Licensee by the Licensor subject to the provisions hereunder.

  • Operation and maintenance of the Social Network, including technical and organizational support, are carried out exclusively by the Licensor and shall constitute its obligation (with allowances made for the provisions of Article 5 of this Agreement) enabling the granting of the rights of the Licensee. The participation of the Licensees in the Social Network takes place in the interactive (online) mode through the Licensee's access via the world wide web. The Licensor owns the required volume of rights both to the Social Network as software and to all components thereof, considered both separately and as an entirety, as well as to audio and visual elements generated by it, with the exclusion of any content which was not posted on the Internet by the Licensor and the rights to which may be owned by third parties. The Licensor has the right to use, operate and distribute the Social Network on respective territories, where it provides for the use, operation and distribution thereof.

  • 1.2. Licensor means the Limited Liability Company "NUTSon", which grants to the Licensee the right to use the Social Network, pursuant to the conditions of a non-exclusive licence and carries out public notifications, distribution, operation, maintenance and management of the Social Network. The Licensor is a Party of this Agreement.

  • 1.3. Licensee means a natural person having a full legal capacity required to conclude this Agreement and being a participant of the Social Network, to whom, under this Agreement, the right to use the Social Network is granted under the terms and conditions herein. The Licensee is a Party of this Agreement.

  • 1.4. Media Content means elements of design, illustrations, graphic images, photographs, scripts, texts, videos, music, sounds and other items posted on the Social Network which are, inter alia, intellectual property; the rights to use them may be owned by the Licensor, Licensee or other persons.

  • 1.5. Applications mean application software (games, electronic services, and so on) or their elements positioned on the Social Network by the Licensor or by any third parties, subject to the consent of the Licensor, which can be used by the Licensee within the Social Network, additionally to the main functions of the Social Network. The participation of the Licensee in the Applications is subject to the provisions stipulated by separate agreements with third parties.

  • 1.6. Personal Page means the section of the Social Network containing a part of the information published on the Account of the Licensee (including, if desired so by the Licensee, photos, data concerning friends, status, wall postings, postings in groups and communities and so on) which is available for the viewing by other Licensees. The Personal Pages is used by the Licensee, in order to exchange Personal Messages, to add other Licensees as friends and to carry out other activities. The Licensee can restrict the access to their Personal Page, based on the functionality of the Social Network, or by the Licensor under the terms and conditions herein.

  • 1.7. Account of the Licensee (Account) means the Licensee's account on the Social Network created during the registration on the Social Network and enabling the Licensor to take record of any Licensee and to grant the right to use the Social Network by means of a unique login and password. The login and password required for the access to the Account are defined by the Licensee at their own discretion, during the registration on the Social Network, and can be changed by them pursuant to the procedure described in the present Agreement or in the section "Help" on the webpage of the Social Network.

  • 1.8. Personal messages mean electronic messages which are sent from one Licensee to another Licensee and may not be viewed by any other persons; they can be sent and received with the use of the Licensee's Personal Page.

  • 1.9. Fee means the fee paid to the Licensor for the granting of the rights to use inactivated Data and Commands to the extent stipulated hereunder to the Licensee. The amount of the Fee is defined by the Licensor and depends on the volume of inactivated Data and Commands the rights to the use of which are granted to the Licensee.

  • The Regulations of the Social Network may provide for other conditions for the granting of the rights to use inactivated Data and Commands, as well as limitations in connection with the use thereof. The Licensee can read the stated regulations in the relevant sections of the Social Network.

  • 1.10. Licence Agreement means the text of this Agreement concluded between the Licensor and the Licensee and containing all material and essential terms and conditions of a licence agreement on the granting of rights to use a social network, including inactivated data and commands. The terms and conditions for the payment of the Fee and any other regulations on the use of the Social Network published by the Licensor on the relevant pages of the Social Network, including the Section "Help Center", including the mobile version of the Website and the applications, shall constitute an integral part of this Agreement.

2. Terms and conditions for the acceding to this Agreement

  • 2.1. Before starting the use of the Social Network, the Licensee shall be obliged to get familiarized with this Agreement, as well as with all regulations and other documents applicable on the Social Network, which are to be found in the relevant sections of the Social Network.

  • 2.2. Upon filling out all mandatory fields and reading this Agreement, the Licensee accedes to (accepts) this Agreement, by way of clicking the button "Registration" or a similar button, which, within the meaning of Articles 435 and 438 of the Civil Code of the Russian Federation, constitutes an acceptance of the offer of the Licensor, and, thus, the conclusion of the contract, which results in the undertaking to observe the provisions of the Agreement, including the regulations applicable on the Social Network, on the part of the Licensee.

  • 2.3. Any actual use of the Social Network, without the registration of the Account, in the form and to the extent available in the absence of the registration, shall also constitute the acceptance of this Agreement.

3. Subject-matter of the Agreement

  • 3.1. Under this Agreement, the Licensor shall grant to the Licensee, subject to the condition of simple non-exclusive licence, the right to use the Social Network, including the rights to use activated and inactivated Data and Commands, to the extent stipulated hereunder.

4. Scope of the Social Network's Use

  • 4.1. The Licensee is entitled to use the Social Network in the following ways:

    • 4.1.1. to use the functionality of the Social Network, including the participation in the creation of the Social Network through the creation of the Account and the Personal Page, and, in the course of such participation, through the posting and processing of information and the Content and through the interaction with other Licensees, subject to the compliance with the rules stipulated in this Agreement;

    • 4.1.2. to reproduce the elements of the Social Network in the form of the information and the Content published thereon for personal use, by copying them to the memory of their personal computer and/or their mobile phone (by downloading). In case when the elements of the Content are subject to copyrights or are personal images (photos) of other Licensees or third parties, the Licensee shall additionally obtain the consent of such persons in case of such reproduction thereof.

  • 4.2. It is prohibited for the Licensee:

    • 4.2.1. to reproduce, distribute, process any elements of the Social Network which are subject to copyrights of the Licensor, other Licensees or third parties for commercial or non-commercial purposes, in case no consents to take such actions were given by the respective copyright holders;

    • 4.2.2. to reproduce any elements of the design or user interface of the Social Network during the creation of any websites or conducting any commercial activities on the Internet or outside it;

    • 4.2.3. to disseminate any audio and video content or credentials of other Licensees, available on the Social Network, on/outside the Social Network for commercial or non-commercial purposes, without the consent of such Licensees;

    • 4.2.4. to transfer to other Licensees or to third parties the rights to use the Social Network granted to the Licensee, through the conclusion of a sublicence agreement or in any other way;

    • 4.2.5. to break any rules on the use of the Social Network stipulated in this Agreement (Section 5).

5. Rules on the use of the Social Network

  • 5.1. In order to use the Social Network, the Licensee creates the Account.

  • To be able to enter the Social Network, the Licensee creates unique authorization data: a login and a password, which constitute confidential information and shall not be disclosed, with the exception of cases provided for by the current law and/or in this Agreement. The Licensee shall bear the risk in connection with the performance of fraudulent and other unlawful actions with regard to the Account of the Licensee due to the loss of the password. It is recommended that the Licensee uses a password which is sufficiently complex, in order to avoid the case when third parties can guess the password.

  • 5.2. The credentials and other data of the Licensee are processed by the Licensor for the purpose of the due performance of this Agreement.

  • 5.3. In order to perform the Licence Agreement and to grant to the Licensee the access to the use of the functions of the Social Network, the Licensor shall develop, improve, optimize and integrate new functions of the Social Network (including services and products of informational, communicational, advertising, educational, entertainment and another nature), inter alia, with the participation of its affiliated persons and/or partners. In order to reach the stated goals, the Licensee shall give their consent to and authorize the Licensor with the processing (including collection, recording, systematization, accumulation, storage, correction (updating, modification), comparison, extraction, use, depersonalization, blocking, deletion and destruction) of credentials and other data of the Licensee, in compliance with applicable law. These provisions also apply to the results of automated processing of such data, including those in the form of integral and/or text values or identifiers, their transfer to affiliated persons and/or partners for the purpose of the execution of such commission to carry out the processing. The Licensee hereby also authorizes the Licensor to collect (obtain) the Licensee's account data and other data from affiliated persons and/or partners.

  • It is understood that account data are data which the Licensee submits on a stand-alone-basis, at the stage of the registration for the Social Network, by filling out the registration form for the creation of the Account and Personal Page of the Licensee, as well as some data out of data submitted in the course of the use of the Social Network and/or services of the affiliated persons and/or partners. Such data may include, inter alia, information on technical means (devices) and methods of technological interaction with the Social Network and/or services of the affiliated persons and/or partners (including the IP-address of the host, the type of the Licensee's operational system, browser type, geographic location, data on the provider and so on), data on the Licensee's activities, as well as other data obtained by the stated methods.

  • The Licensor may have access to other information on the Licensee which was submitted by the latter at their own discretion during the use of the Social Network and which is not processed by the Licensor, inter alia, in order to reach the goals stipulated in this Agreement.

  • The processing of the account data and other data of the Licensee is carried out during the whole period of time, starting with the moment of the registration of the Account by the Licensee, and until the moment when such Account is deleted, unless otherwise provided for by applicable law.

  • In order to fulfill the terms and conditions of the Licence Agreement in a due manner, the Licensor shall take measures to provide for the security of the Social Network. For the achievement of these goals, the Licensee hereby agrees that the account and any other data can be transferred to third parties, including cases which are provided for by applicable law, to the extent required for the detection, investigation and suppression of wrongdoings.

  • The Licensee hereby agrees that their account data and other data, as well as other information, will be shown on the Personal Page of the Licensee, based on the functions of the Social Network, as well as that such data shall be deemed to be publicly available, if the Licensee has not selected another access mode with regard to such data within the functionality of the Social Network. The Licensee hereby agrees that the information, including the account data and other data, can be available to other Internet users, with allowances made for the existing functionality of the Social Network (which can be modified by the Licensor from time to time). The Licensor may restrict the use of the information from the Social Network by third parties, inter alia, for commercial uses. The use of the information by the Licensor is stipulated in this Agreement.

  • 5.4. After the registration of the Account, the Licensee has the right to fill the Account, the Personal Page and other elements of the Social Network with the Content, add media content and other materials based on the granted functionality, and to use other functions granted by the Licensor during the use of the Social Network, subject to the observance of this Agreement, as well as of law and other documents regulating the functioning of NUTSon.

  • 5.5. The Licensee is aware and hereby agrees that information and account data published on the Account of the Licensee are available for the viewing by other Licensees through the Personal Page of the Licensee, if the Licensee has not restricted the access thereto themselves, within the functional possibilities of the Social Network.

  • 5.6. The Licensee, who has registered their Account prior to that, connects to the Social Network each time after the completion of the authorization procedure: input of the login and password of the Licensee, as a result of automatic authorization with the use of cookies, as well as by any other means which are available and admitted by the Licensor.

  • 5.7. The person who authorized themselves on the Social Network is deemed to be an appropriate user of the Account, the access to the use and management of which were obtained as a result of such authorization, unless there is information confirming otherwise.

  • 5.8. During the use of the Social Network by the Licensee, cookies may be used, for the purpose of the automatic authorization of the Licensee on the Social Network, as well as for the collection of statistical data concerning, inter alia, the traffic of the Social Network.

  • 5.9. The Licensee has the right to restrict or prohibit the use of cookies by applying the relevant browser settings.

  • 5.10. If it is not possible to carry our the authorization, due to the loss of the password, the Account blocking, or due to other reasons, the Licensee has the right to contact the support team of the Licensor or to follow its instructions to be found in the section "Help Center" or other sections of the Social Network. The methods for the restoring of the access to the Account and for the authorization of the Licensee may be amended, invalidated or supplemented by the Licensor on a stand-alone basis.

  • 5.11. The Licensor shall make economically feasible efforts to ensure the functioning of the Social Network 24 hours a day, however, the Licensor guarantees neither the absence of interruptions in connection with technical failures and technical maintenance nor whole or partial functional ability of the Applications. The Licensor does not guarantee that the Social Network and any of its elements will function at any given moment of time in the future or that they will not stop functioning.

  • 5.12. The Social Network, including all Scripts, Applications, the Content and the presentation of the Social Network, the mobile version thereof, is supplied as is. The Licensor does not give any guarantees that the Social Network and its elements can be suitable for certain purposes of use. The Licensor does not guarantee and cannot promise any specific results obtained due to the use of the Social Network or any elements thereof. The Licensor cannot guarantee that the Content posted on the Social Network and in the Applications, inter alia, by other Licensees, is corresponding to the Licensee's individual perceptions about morale and ethics.

  • 5.13. During the use of the Social Network, the Licensee shall take precautionary measures with regard to the Content, especially the Content posted by other Licensees, other materials and information; while following any hyperlinks posted on the Social Network, during the use of any files, including software, in order to avoid any negative effects on the Licensee's computer in connection with any malicious software, any improper access to the Account, the guess of the password and other consequences that are negative for the Licensee.

  • 5.14. By posting any Content on the Social Network, the Licensee grants to the Licensor the right to use the Content exclusively for the purposes of the functioning of the Social Network in the required ways, unless otherwise provided for by other rules on the use of the Social Network.

  • 5.15. The Licensee may not download or make available to the general public in any other way (to post on the Social Network, to publish within the Social Network) the Content or other intellectual property results of the Licensees, the Licensor or other right-holders, unless a clearly expressed consent of the right-holder was granted and/or the required volume of rights required for such actions is ensured.

  • 5.16. Reproduction, copying, collection, systematization, storage and transfer of the information from the Social Network for commercial purposes and/or for the purpose of the extraction of the information from the database of the Social Network for commercial or non-commercial purposes, or for the purpose of the use thereof in whole or in any part in any way are not allowed without the Licensor's consent. It is prohibited to use automated scripts (software, bots, crawlers and other means of automatic collection of information) to collect the information and (or) to interact with the Social Network without the Licensor's consent.

6. Rights and obligations of the Licensor

  • 6.1. The Licensor shall carry out the current administration of the Social Network, define its structure, appearance, allow or restrict the access of the Licensees to the Social Network in case of any breach of the provisions hereunder on their part, as well as execute any other of its rights. The Licensee hereby agrees that the Licensor has the right to use functional and technical possibilities of software (audio/video player) ensuring display of the Content posted within the Social Network, at its own discretion, inter alia, for the purpose of display of advertisements.

  • 6.2. As far as the granting of the possibility to interact with the Licensees is concerned, including granting to the Licensees the possibility to take different actions within the Social Network at their own discretion, the Licensor shall act exclusively as a person providing the technological possibility of such interaction through the Social Network. Any transfer, storage and granting of access to the information, graphic images and other materials submitted by the Licensees through Internet and the software of the Social Network, associated with such interaction, shall be carried out without any modification of such materials or any influence on their content on the part of the Licensee.

  • 6.3. The Licensor takes decisions in connection with the placement of advertisements on the Social Network, participation in partner programs and others on a stand-alone basis.

  • 6.4. The Licensor has the right:

    • 6.4.1. to change the appearance and user interface of the Social Network, its content, the content of the supplied functions of the Social Network, to amend or supplement the scripts being used, the software, the Licensor's Content and other items which are used or stored on the Social Network, any Applications and server applications, with the notification of the Licensee or without such notification;

    • 6.4.2. to remove, for no reasons at all and without any warning, any Content, including the Content which, in the opinion of the Licensor, violates and/or may violate the legislation of the Russian Federation (applicable legislation), the provisions hereunder, rights of other Licensees or third parties, do them harm or pose a threat of doing harm and/or a threat to security;

    • 6.4.3. at its own discretion, to delete any information, including any information posted by the Licensee on the Social Network contrary to the legislation of the Russian Federation (applicable law) and/or provisions of this Agreement;

    • 6.4.4. to suspend, restrict or stop the access of the Licensee to all sections of the Social Network or to any of them and/or any elements of the Social Network, to the personal page, any communities, groups of the Social Network, functions of the Social Network, including activated and inactivated data and commands, to delete communities and groups created by the Licensee at any time and without giving any reasons, with and without prior notification, unless otherwise provided for by applicable law;

    • 6.4.5. to delete the Account of the Licensee at its own discretion, inter ilia, in case when the Licensee committed actions breaking the legislation of the Russian Federation (applicable law) or the provisions hereunder;

    • 6.4.6. to grant to the Licensee the right to use inactivated data and commands on a fee basis, under terms and conditions stipulated hereunder and in the relevant sections of the Social Network and/or elements of the Social Network, including Annexes;

    • 6.4.7. to send to the Licensees messages of advertising and informatory nature or news nature, from the Licensor and/or the Licensor's partners, inter alia, by means of email, SMS distribution, distribution with the use of the functionality of the Social Network or by any other available method;

    • 6.4.8. to determine and store information on IP addresses associated with the access of the Licensee to the Social Network and to use files of technical information (cookies) stored on the Licensee's personal computer, for the purpose of collecting statistical data and identification of the Licensee.

    • 6.4.9. to reprove, to warn, to notify the Licensees in course of their use of the Social Network, as well as to inform them in case of any breach of this Agreement on the part of the Licensees. Directions issued by the Licensor in course of the use of the Social Network are obligatory for the Licensee.

    • 6.4.10. to take measures not prohibited by law, in order to protect its own intellectual property rights to the Social Network.

  • 6.5. The Licensor shall not consider and solve disputes and conflict situations arising between the Licensees and any third parties who positioned on the Social Network any Applications with the consent of the Licensor, in the event that the Licensees use such Applications, however, the Licensor may give its assistance, in order to solve such conflicts, at its own discretion. The Licensor has the right to suspend or to restrict or stop the access of the Licensee to the Social Network (validity of the right to use the Social Network), in case of receipt of any complaints against unlawful behaviour of such Licensee on the Social Network from another Licensee (other Licensees), apart from cases where the Arbitration is applied.

  • 6.6. The Licensor shall undertake the following:

    • 6.6.1. under the terms and conditions of this Agreement, grant to the Licensee the rights to use the Social Network, including the rights to use inactivated data and commands, to the extent stipulated by this Agreement;

    • 6.6.2. notify the Licensee on any amendments of the terms and conditions of this Agreement by publishing information or sending messages on the Social Network or by any other method which is available to the Licensor.

    • Rights and Obligations of the Licensee

  • 7.1. The Licensee has the right to:

    • 7.1.1. make the settings of the Account and the Personal Page, to change the login and password required for the access to the Account;

    • 7.1.2. to post on the Account of the Licensee information concerning themselves, to add media content, to uate media content of other Licensees and make their comments on it;

    • 7.1.3. to search for other Licensees and media content using technical means of the Service;

    • 7.1.4. to create Challenges and Fundings and to participate in Challenges and Fundings which already exist, to use functions of the Social Network and the Application and to post materials within the Social Network and the Application, according to the requirements to the posting of the materials which are stipulated by this Agreement and/or in the relevant Section of the Social Network;

    • 7.1.5. to send and to receive comments, to add media content to Challenges of other Licensees;

    • 7.1.6. to take any other actions associated with the use of the Social Network which are not prohibited by the legislation of the Russian Federation (applicable law) or this Agreement.

  • 7.2. The Licensee shall be obliged to:

    • 7.2.1 observe the provisions hereunder without any restrictions;

    • 7.2.2 to state true information during the registration on the Social Network and the creation of the Account;

    • 7.2.3 abstain from exceeding the scope of the use of the Social Network stipulated in Section 4 of this Agreement;

    • 7.2.4 abstain from infringing upon the Licensor's intellectual property rights to the Social Network or any elements thereof in any other way, particularly, the Licensee may not copy, stream, send, publish or distribute and reproduce (text, graphic, audio and video) materials without the Licensor's written consent in any other way.

    • 7.2.5 to take measures required for the security of their Account and Personal Page and preventing any unauthorized access to them by third parties (for example, to ensure that the password is not stored in the browser, inter alia, in the event that cookies are applied in case where the computer device of the Licensee is used by third parties);

    • 7.2.6 to follow the Licensor's directions concerning the use of the Social Network, amongst other things, given by the Licensor to the Licensee or a group of Licensees on the Social Network, in the help center supporting the users (Licensees), in the news section of the Social Network. Should the Licensee fail to follow such directions, the Licensor has the right to suspend, to restrict and to stop the granting of the rights to use the Social Network, including the rights to use inactivated data and commands, to the Licensee.

    • 7.2.7 to confirm their account data, including the surname, first name, paternal name and other data, upon the Licensor's request in connection with the conclusion and execution of this Agreement;

    • 7.2.8 to abstain from posting media content which shows any other persons, apart from the Licensee, without prior consent of such persons, save for cases where such consent is not required pursuant to Article 152.1. of the Civil Code of the Russian Federation or any other provision of applicable law;

    • 7.2.9 to notify the Licensor on any cases when actions which may be classified as offensive, humiliating, discrediting and so on are taken on the Social Network with regard to the Licensee;

    • 7.2.10 to peruse the content of this Agreement, to be found at the following URL: https://www.nutson.us , and to check it in terms of any amendments thereto regularly, as required by due care and diligence;

    • 7.2.11 to meet other requirements and to fulfill other obligations stipulated in this Agreement and/or published in the relevant sections of the Social Network.

  • 7.3. The Licensee guarantees that it has all authorities and full legal capacity required for the conclusion of this Agreement.

  • 7.4. It is forbidden for the Licensee:

    • 7.4.1. to collect account data of other Licensees and/or other information from the Social Network without the Licensor's consent;

    • 7.4.2. to use any automatic or automated means for the collection of information within the Social Network;

    • 7.4.3. to agitate or to advocate for the purpose of inciting social, racial, national or religious hatred and enmity, to agitate for war, social, racial, national, religious or language superiority, to disseminate any other information the dissemination of which is prohibited by applicable law;

    • 7.4.4. to publish on the Social Network or to transfer through Personal Messages any restricted access information (confidential information) of third parties, unless the Licensee has sufficient rights to disclose such information under applicable law or under any agreement;

    • 7.4.5. to post, to reproduce, to process, to disseminate, to publish on the Social Network, to make available to general public, to transfer, to sell or to use in any other way, completely or in part, any Content of the Licensor, the Licensees or third parties constituting a copyright item or any item covered by any other exclusive right, without their prior consent, save for the cases stipulated in this Agreement, by current legislation of the Russian Federation (applicable law), as well as cases where the right-holder has expressed explicitly their consent to free use of their own Content by any person. During the downloading of any music, video or any other Content to the Social Network, as well as during the posting of the Content on the Social Network in any other way, the Licensee confirms that they have all rights required for that, including the right to notify general public that such posting does not infringe upon and will not infringe upon the rights and legitimate interests of any right-holders and third parties, and that all approvals and consents required for that have been obtained from respective right-holders and third parties in due manner and explicitly. It is forbidden to post any Content on the Social Network, if the Licensee does not have the rights and/or the consent of the right-holder required for that;

    • 7.4.6. to post on the Social Network in open access (in wall postings, in comments and/or status) or transfer via Personal Messages any text messages, graphic images or other materials with any content which is offensive for other Licensees and other persons or may be classified as such, as well as messages, images and other materials which discredit the Licensees and other persons, contain threats, calls for violence, commission of wrongful acts, of anti-social and immoral acts, as well as for commission of any other acts which go against public order and morals;

    • 7.4.7. to post on the Social Network messages, graphic images, or other materials (including those not corresponding to the reality) the posting of which inflicts any harm to the dignity and integrity of any citizen or to the goodwill of any company;

    • 7.4.8. to post on the Social Network messages containing obscene words and expressions;

    • 7.4.9. to post on the Social Network pornographic materials with the involvement of minors;

    • 7.4.10. to post on the Social Network information propagandizing suicides and containing any description of suicide methods or any incitement to commit a suicide;

    • 7.4.11. to post on the Social Network advertisements and other information on narcotic and psychotropic substances, including information on distribution of narcotic substances, methods for their manufacture and advice concerning their use, as well as to post extremist information;

    • 7.4.12. to post on the Social Network information which infringes upon the rights of minors;

    • 7.4.13. to post on the Social Network any unlawful information;

    • 7.4.14. to publish on the Social Network personal data, including contact details of other Licensees and other persons, without their prior consent;

    • 7.4.15. to state or to enter subsequently deliberately false information or data of third parties during the registration of the Account;

    • 7.4.16. to publish on the Social Network images of other persons as own photographs of the Licensee, without consent of such persons, as well as images of fictional characters, images of animals, objects, abstract images and any other graphic images not owned by the Licensee who publishes such images, without specific consent of the right-holders (authors) of such images;

    • 7.4.17. to register the Licensee's Account for the purpose of its use by any group of persons or by any organization;

    • 7.4.18. to register more than one Licensee's Account by one and the same person;

    • 7.4.19. to take actions aimed at the destabilization of the functioning of the Social Network, to try to carry out any unauthorized access to the management section of the Social Network or its closed sections (including such access to sections the access to which is only permitted for the Licensor), as well as to carry out any similar actions;

    • 7.4.20. to effect any unauthorized access to any Accounts of other Licensees by way of guessing or entering the password, as well as to try to effect such access;

    • 7.4.21. to carry our spamming – a mass dissemination of any commercial, political, advertising or other information (including hyperlinks leading to websites with such information and/or to websites containing malicious software) in Personal Messages, comments, wall postings, on Personal Pages of the Licensees, or to carry out any other actions aimed at the dissemination of such information, in case where the receiving Licensees have not given their consent to the receipt of such information;

    • 7.4.22. to use the Social Network for the search of any debtors or for any other similar purposes;

    • 7.4.23. to publish on the Social Network, inter alia, within any groups, information facilitating promotion, advertising and popularization of tobacco and tobacco products, medical drugs, narcotic substances, strong and low alcoholic beverages;

    • 7.4.24. to post on the Social Network any information which, in opinion of the Licensor, does to comply with the politics and aims of the creation of the Social Network.

8. Guarantees and Liability

  • 8.1. The Licensee guarantees that the publishing on the Social Network or the transfer via Personal Messages of any information, Content, any results of intellectual activity protected by law, any parts or copies thereof, as well as of any other materials does not infringe upon any rights and lawful interests. In case where claims with regard to any breaches of the provisions of this Agreement are lodged by any third parties, as it pertains to the publishing of information and/or Content of third parties, the Licensor has the right to carry out the transfer of the contact details of the Licensee available to the Licensor to the third parties who lodged the claims to the extent permitted by law, in order to settle the disagreements.

  • 8.2. The Licensee guarantees that the Licensee will take appropriate measures, in order to maintain the confidentiality of the credentials (login and password) used by them for the authorization on the Social Network and to prevent any authorization by third parties.

  • 8.3. The Licensor shall keep the confidentiality of the correspondence conducted by the Licensees via Personal Messages.

  • 8.4. The Licensor guarantees that the Licensor will use the email address and the mobile telephone number stated on the Account of the Licensee for the communication between the Licensee and the Licensor, for the sending of notifications, messages and SMS messages, as well as for the granting of any functions of the Social Network to the Licensee with the Licensee's consent, which may be expressed by means of the functional possibilities of the Social Network, unless otherwise provided for in this Agreement or current legislation.

  • 8.5. The Licensor shall not participate in the formation of the content of the Personal Page of the Licensee and in the downloading of the Content by the Licensee, shall not control the Licensee, shall not conduct and does not have any technical possibility to conduct any automatic censorship of information contained in the open sections of the Website and the Social Network, on the Personal Pages of the Licensee, as well as any automatic censorship of Personal Messages and is not liable for any actions or omission to act on the part of the Licensee (with the exception of special technical solutions which may be implemented in order to prevent or restraint any violations of third party rights to results of intellectual activity).

  • 8.6. Due to peculiarities of the functioning of the Social Network, the Licensor shall not conduct and does not have any technical possibility to conduct any preliminary moderation of the information and the Content published by the Licensee and is not liable for the content thereof.

  • 8.7. The Licensor is not liable for possible failures and interruptions in the functioning of the Social Network and any information losses caused by them. The Licensor is not liable for any damages caused to the Licensee's computer, mobile devices, any other equipment or software caused by or associated with the use of the Website or any websites available under the hyperlinks located on the Website.

  • 8.8. The Licensor is liable neither for password mining in connection with the Licensee's Account conducted by third parties nor for any actions carried out by them with the use of the Licensee's Account.

  • 8.9. The Licensor is not liable for any damage, including any loss of profit, or any damage incurred in connection with the use of the Social Network, the Content posted thereon and any other materials the access to which was received by the Licensee or any other persons through of the Social Network, notwithstanding the warnings of the Licensor or references to the possibility of such damage made by the Licensor.

  • 8.10. The Licensee is liable for unlawful actions carried out with the use of their Account, as well as in connection with the publishing of any Content with the use of their Account on the Social Network, on the Personal Page of the Licensee or other Licensees, in wall postings, in comments or any other sections of the Social Network and/or the Website.

  • 8.11. The Licensee is personally liable for any Content and any Information which the Licensee publishes on the Social Network or makes available to general public on the Social Network or through the Social Network in any other way. The Licensee shall be obliged to settle any claims raised by third parties in connection with the unlawful publishing of the Content and information on the Social Network on a stand-alone basis.

  • 8.12. Hyperlinks to any website, product, service, any information of commercial or non-commercial nature which have been published on the Social Network by way of wall postings on the Personal Pages by the Licensees and so on, do not constitute any approval or recommendations concerning such products (services) on the part of the Licensor. The Licensor is not liable for any damage incurred to the Licensee as a result of the following of these hyperlinks by the Licensee.

  • 8.13. The Licensor is not liable for any possible unlawful acts of the Licensee or any third parties committed with the use of the Social Network.

  • 8.14. The Licensor is not liable for any statements of the Licensee published on the Social Network. The Licensor is not liable for the behaviour of the Licensee on the Social Network, as well as any disrespect towards other Licensees on the part of the Licensee.

  • 8.15. The Licensor is not liable for the Licensee's loss of the possibility to access their Account on the Social Network (loss of the login, password, any other information which is required for the use of the Account or the Personal Page).

  • 8.16. The Licensor is not liable for any incompleteness, inaccuracy, incorrectness of the Licensee's data stated by them during the creation of the Account and the Personal Page.

  • 8.17. During the use of any game Applications of the Social Network by the Licensee, the Licensor is not liable for the Licensee's loss of any game values obtained as a result of their participation in such game applications during the game process.

  • 8.18. The Licensor is not liable for the lack of Internet connection on the part of the Licensee, for the quality of the services of Internet providers with whom the Licensee concluded Internet access service agreements.

  • 8.19. The Licensor shall not exchange any values obtained by the Licensee during the use of the Social Network, including virtual values, for cash, non-cash money or any other values of the Social Network.

  • 8.20. The Licensor shall not compensate the Licensee for any costs in connection with the Licensee's purchase of rights to use inactivated data and commands, inter alia, in cases where this Agreement is suspended or terminated for whatever reason, unless otherwise expressly provided for by applicable law.

  • 8.21. The Licensor is not liable for the occurrence of any direct or indirect damage and loss of profit on the part of the Licensee or any other third parties, as a result of the following:

    • 8.21.1. the use or the impossibility to use the Social Network;

    • 8.21.2. unauthorized access of any third parties to the personal information of the Licensee, including the Account and the Personal Page of the Licensee;

    • 8.21.3. statements or behaviour of any third party on the Social Network;

    • 8.21.4. deletion of the Account, Content or breakdown of a certain element of the Social Network or the Social Network on the whole.

  • 8.22. Under any circumstances, the liability of the Licensor towards the Licensee is limited by the sum amounting to 0 (zero) rubles; thereby, no loss of profit should by compensated for, unless otherwise provided for by applicable law.

  • 8.23. The Licensor is not obliged to submit to the Licensee any evidence, documents and so on certifying the fact of a breach of the provisions of the Agreement on the part of the Licensee, as a result of which the granting of the rights to use the Social Network or any separate functions/sections/pages thereof, as well as the rights to inactivated data and commands was denied to the Licensee.

  • 8.24. Any complaints of the Licensee sent to the Licensor shall be accepted and handled subject to the condition that it is possible to establish the fact of ownership of the Account by any definite person. Taking into account the possibility of the existence of Accounts with similar credentials, the Licensor has the right to request additional data and information, inter alia, concerning the Licensee's Account, which enable the Licensor to establish against which Account the complaint is directed, or to establish the ownership of the Account by the person who lodged the complaint.

  • 8.25. The Licensor is not liable for any possible harm to the Licensee's health which may be caused to the Licensee in connection with the use of the Service. The Licensee guarantees that the Licensee will use the Service exclusively during a reasonable period of time, with breaks for their rest or for any other preventive measures aimed at the maintenance of their physical condition, if such measures are recommended or prescribed to the Licensee.

9. Rights to use the Service

  • 9.1. This section of the Agreement regulates the procedure and terms and conditions of the granting of the rights to use the Service by the Licensor to the Licensee.

  • 9.2. If desired by the Licensee and for the Fee being paid through the Payment Service, unless otherwise provided for by any other documents of the Company, the Licensor grants to the Licensee the rights to use the Service which helps increase the amount of virtual values on the Social Network used in the scope of the functionality of the Social Network. The amount of the Fee and the terms of the payment thereof are defined by the Licensor on a stand-alone basis and depend on the volume of data and commands which are required for the Licensee to achieve a certain result based on the functional possibilities of the Social Network. The stated conditions are part of this Agreement and/or of relevant sections of the Social Network. The right to use the Service is granted to the Licensee for the period of the validity of this Agreement, unless such right was terminated according to the regulations on the Social Network.

  • 9.3. The Fee shall be paid by the Licensee by money transfer through the Payment Service TalkBank Platform. The list of the available payment methods can be found in relevant sections of the Social Network. Methods and terms of the payment of the Fee shall be published by the Licensor on the Social Network.

  • 9.4. While paying the Fee via the TalkBank Platform, the Licensee shall follow payment instructions concerning the procedure for and the methods of payment. The Licensor is not liable for the correctness of the observance of the terms and conditions of the payments via the TalkBank Platform on the part of the Licensee. In case of issues concerning the rules and the procedure of the use of the payment systems for the purpose of paying for the rights to use inactivated data and commands, the Licensee shall contact the holders of such payment systems or operators/billing aggregators. The Licensor does not give to the Licensee any explanations in connection with the rules and procedure of the use of such payment systems, as well as shall not compensate the Licensee for any funds which were paid via the payment systems, operators, billing aggregators to acquire such rights, if such payments were carried out in breach of the rules established by such persons, as a result of which the Licensor has not received the funds.

  • 9.5. In case where, due to any technical failure or malfunction of the Social Network or any element thereof, or due to any conscious actions of the Licensee, the Licensee has received the access to the Prize Fund, the Bonus Points or the Fundings, without acquiring the right of use according to the procedure stipulated by this Agreement, the Licensee shall be obliged to notify the Licensor of such fact and to pay the Fee to the Licensor or to eliminate any consequences of such wrongful use of the obtained rights. The Licensor has the right to eliminate such consequences on its own, without any notification of the Licensee.

  • 9.6. Should any controversial or unclear situations occur, or should any third party offers connected with the payment for the services or placement of any announcements and offers on the Internet be sent to the Licensee, with the exception of those published in the name of the Licensor on the Website, the Licensee shall immediately notify the Licensor thereof. In case where, in breach of this provision, the Licensee effected a payment based on the stated announcement and used thereby the bank details stated in such announcement, no claims of the Licensee towards the Licensor concerning the lack of inactivated services on the part of the Licensee can be accepted, and the Licensor shall not compensate the Licensee for any funds which the Licensee spent under the stated circumstances.

  • 9.7. In the event that the Licensor finds our that the Licensee receives the rights to use the services from any third parties, the Licensor is entitled to suspend, to restrict or to terminate the right to use the Social Network with regard to the Licensee at its own discretion.

  • 9.8. The Licensee guarantees to the Licensor that the Licensee has the right to use the means of payment for the payment of the Fee selected by the Licensee in compliance with the legislation of the Russian Federation and/or legislation of any country the citizenship of which is held by the Licensee, as well as in compliance with the rights of third parties. The Licensor is liable neither for any fundings.html retained by the operators of the payment methods nor for any damage which may be caused to the Licensee and/or any third parties as a result of the use of any means of payment not owned by the Licensee on the part of the Licensee.

  • 9.9. The Licensor is not liable for any possible unlawful actions of the Licensee during their use of the TalkBank Platform. The Licensor reserves the right to suspend or terminate with regard to the Licensee the rights to use inactivated data and commands in case of suspicion that the Licensee has committed any unlawful actions, until the circumstances are clarified, unless otherwise provided for by applicable law.

  • 9.10. In the event that the Licensor has reasonable grounds for believing that the Licensee commits unlawful actions in the course of the payment for the services, the Licensor has the right to pass over the relevant information to law-enforcement agencies for the purpose of the investigation of the matter.

  • 9.11. Peculiarities of the payment of the Fee by the Licensee with the use of bank cards:

    • 9.11.1. bank card transactions are conducted by the holder of the bank card or by any person authorized by them;

    • 9.11.2. the authorization of bank card transactions is carried out by the bank. In the event that the bank has reasonable grounds for believing that any transaction is of a fraudulent nature, the bank has the right to deny the conduction of such operation. Fraudulent bank card transactions constitute acts of crime;

    • 9.11.3. for the avoidance of any fraud during bank card payments, the payments effected with the use of a bank card may be proved by the Licensor in the scope of available possibilities. The Licensee holding the bank card, who has effected such payment, shall submit to the Licensor copies of required documents for the confirmation of the proper use of the bank card, upon the Licensor's request. Should the Licensee fail to submit the requested documents within the required period after the effecting of the payment or in case of doubts concerning the authensity of such documents, unless any other period of time is defined by the Licensor, the latter has the right to suspend the granting of the rights to use the Social Network, any part/section and/or services thereof to the Licensee until the circumstances are clarified.

  • 9.12. The acquisition of the rights to use all the services constitutes an expression of the Licensee's own will and wish and shall not constitute any precondition or any compulsory condition for the use of the Social Network and its main functionality.

10. Territory and Validity Period of the Agreement

  • 10.1. The Licensee is entitled to use the Social Network by any methods described hereunder, on the entire territory of the Russian Federation, as well as on other territories on which the Social Network is available with the use of standard computer means, software and devices.

  • 10.2. At any time and without any notification of the Licensee and without any reason given, the Licensor has the right to terminate this Agreement unilaterally out of court and, thereby, to stop immediately the access and the possibility to use the Social Network, without the reimbursement of any costs, compensation for any damages or the return of everything received under the Agreement, inter alia, in case where the Social Network is closed or in case of any breach of the terms and conditions of this Agreement on the part of the Licensee, including single breaches, as well as in any other cases stated by the Licensor on the pages of the Social Network, unless otherwise provided for by applicable law.

  • 10.3. At any time, without any notification of the Licensee and without any reason given, the Licensor has the right to suspend the access and the possibility to use the Social Network, to delete the Licensee's Account without the reimbursement of any costs, compensation for any damages or the return of everything received under the Agreement, inter alia, in case of any breach of the terms and conditions of this Agreement on the part of the Licensee, including single breaches, unless otherwise provided for by applicable law.

  • 10.4. The Licensee agrees with and fully accepts the fact that all exclusive rights and required licences for the software constituting an element of the Social Network and/or used for the administration and functioning thereof, including audiovisual displays being a part thereof, as well as the graphic design of the Social Network, photos, animations, video images, videoclips, sound recordings, sound effects, music, text content of the Social Network and the Applications of the Social Network, with the exception of any Content downloaded to the Social Network by the Licensees or third parties, are owned by the Licensee, unless otherwise explicitly provided for by the Agreement.

  • 10.5. This Agreement does not stipulate the assignment of any exclusive rights or the granting of any exclusive licence for any components of the Social Network by the Licensor to the Licensee.

  • 10.6. In the event that it is forbidden for the Licensee to use Internet or social networks according to laws of the Licensee's state, or in the event that there are other legislative restrictions, including age limits with regard to the access to such software, the Licensee shall not use the Social Network. In such case, the Licensee is solely liable for the use of the Social Network on the territory of their state in violation of local law.

11. Miscellaneous

  • 11.1. This Agreement can be amended by the Licensor without any prior notification. This Agreement can be amended and/or supplemented by the Licensor unilaterally, without any specific notification. The Licensee shall be obliged to prove the Agreement in terms of the introduction of any changes on a stand-alone basis. The failure to familiarize themselves with the Agreement and/or the amended version of the Agreement on the part of the Licensee must not be an excuse for the non-performance of the obligations under this Agreement and the non-observance of any restrictions stipulated by these Agreement on the part of the Licensee. Any actual use of the Social Network by the Licensee after the amendment of the provisions of this Agreement or of the regulations on the use thereof means the Licensee's consent to the new provisions.

  • 11.2. Invalidity of one or several provisions of the Agreement acknowledged in the appropriate manner by a final judgment of a court shall not lead to the invalidity of the entire Agreement for the Parties. Should any or several provisions of the Agreement be rendered ineffective in the appropriate manner, the Parties should be obliged to perform their obligations hereunder by the way, which is as near as possible to way implied by the Parties during the conclusion and/or agreed-upon amendment of the Agreement.

  • 11.3. This Agreement and the relationships of the Parties in connection with the performance of this Agreement and the use of the Social Network are subject to the legislation of the Russian Federation.

  • 11.4. As regards the form and the method of the conclusion of this Agreement, the norms of the Civil Code of the Russian Federation ("The Civil Code") regulating the procedure and the terms and conditions of the conclusion of a contract by way of the acceptance of a public offer shall apply.

  • 11.5. All disputes of the Parties arising out of this Agreement shall be settled by way of correspondence and negotiations as required by the pre-action protocol. Should it not be possible to reach any agreement between the Parties within 60 (sixty) calender days within the moment when the other Party received the written complaint, the settlement of the dispute can be submitted to the court located where the Licensor has its registered office, unless otherwise expressly provided for by applicable legislation. All disputes which have reached the stage of court proceedings shall be settled according to the law of the Russian Federation.

  • 11.6. All applications, statements, offers, complaints and any other inquiries in connection with the use of the Applications may be directed by the Licensee directly to the developers of such Applications with the use of the contact data stated on a page of the relevant Application or the Licensee's community (group) on the Social Network.

  • 11.7. The actual version of this Agreement is available on the Internet at the URL of the Social Network in the relevant section and at other locations defined by the Licensor and enabling the Licensee to familiarize themselves with the content thereof.

  • 11.8. As regards the issues concerning the execution of the Agreement, the Parties determined the following procedure for their interaction: by sending a letter from the email address of the User stated by the User during the registration for the Service to the email address of the Company: [email protected] It is agreed by the Parties to consider the above-stated applications to be legally relevant messages under applicable law.