Welcome to NUTSon.
1. General Terms and Conditions
1.1 Our platform is a set of APIs, SDKs, tools, plugins, software code, technologies, content and services (hereinafter the “Platform”). The Platform is supported by Nutson Inc. or one of its operators (in particular, this is Nutson Rus LLC in the Russian Federation; hereinafter “Nutson” or “we”). Under this User Agreement, we shall provide you with access to the Platform, and you shall use it in strict compliance with the terms and conditions of the User Agreement described below.
1.2You are reading the User Agreement (hereinafter the “Agreement”) that shall govern the relations between you and us and set out the terms and conditions upon which you may access and use the Platform, our websites, services, applications, products and content (hereinafter jointly the “Services”). For the purposes of this Agreement, the words “you”, “your” and the “User” shall mean you as a user of the services.
If you access or use the services on behalf of an enterprise or an entity, (a) “you” and “your” shall mean a legal entity or an entity, (b) you warrant that you are an authorized representative of the enterprise or a person authorized by that legal entity to accept this Agreement and to consent to these terms and conditions on its behalf, and (c) your business or entity is legally and financially liable for accessing or using our services and for accessing or using your account by any other persons related to your entity, including employees, agents or contractors.
After filling in the required fields and reading this Agreement, you should accept this Agreement by clicking the “Sign Up” or a similar button which shall be the acceptance of our offer and the entry into the contract that shall entail your obligation to comply with the terms of the Agreement within the meaning of Articles 437 and 438 of the Civil Code of the Russian Federation.
Actual use of the Platform without signing up an account, in the form and to the extent available without signing up, shall be an acceptance of this Agreement as well.
By arranging for or participating in Funding or a Challenge, you acknowledge that you will abide by the Challenge Rules and the Agreement on the Fulfillment of Tasks.
When transferring funds using the Platform, you agree with the offer of the Connected Bank.
1.4 By signing up for the Platform, you acknowledge that you are of the eligible age for signing up in accordance with the applicable laws and/or have obtained all necessary consents (for example, of your parents) in all respects in accordance with the applicable laws, among other things, for the purposes of compliance with data protection laws. Otherwise, signing up for the Platform and its use are prohibited.
1.6 If you fail to comply with this Agreement, the Terms and Conditions of Use, or any other applicable terms and conditions, we may suspend or terminate your account as described below.
1.7 For your convenience, we have compiled as the Glossary all terms used in the Agreement and annexes to it.
Your continued access to or use of the Services after the date of the new terms and conditions shall constitute your acceptance of them. If you do not agree to a new version of the Agreement or other terms and conditions or rules, you must stop using our Services/Platform.
2. Terms and Conditions of Use
2.1 Your Account
2.1.1 Signing up an Account
126.96.36.199 In order to access or use some of our services, you shall create an account (profile). When creating this account, you should provide accurate and up-to-date information. It is important that you timely update your data and any other information you provide to us to keep it up-to-date and complete.
188.8.131.52 You will need to provide your mobile phone number and/or e-mail address, where the authorization code will be sent. You will need to provide your surname, first name and username on the Platform. You hereby agree to sending SMS messages to your specified mobile phone number or sending e-mails to your specified e-mail address that contain an authorization code for the purpose of confirming the number and your subsequent logging in your account pursuant to Federal Law On Communications No. 126-FZ dated July 07, 2003.
184.108.40.206 The Platform registration form may request additional User information.
220.127.116.11.1 You agree that you shall be solely liable for any actions that are taken under your account. We shall not be liable if your account is hacked and your rights are violated. All actions taken by the User via phone or e-mail shall be deemed to be taken by the User. However, do not hesitate to contact our support team for help at [email protected]
18.104.22.168 After signing up your account, you shall have the right to fill in your account (fill in your profile) and other elements of the Platform with the Content, to add videos and other materials in accordance with the provided functionality and to use other functions that are provided by Nutson when the Platform is used, provided that this Agreement and other applicable terms and conditions or rules are complied with. By filling in the Profile, the User is aware and hereby confirms that it makes the following information available to other Users of the Platform (including unauthorized ones):
22.214.171.124.1 You shall independently determine the terms and conditions and provide access to your personal data to the general public, including by signing up and using the standard functionality of the Platform. We shall not initiate or influence your choice, disseminate your data on our own and purport to obtain your permission to disseminate your personal data.
2.2 Platform Rules
2.2.1 On the Platform, you may use all functionality of the Platform that is available to you subject to your age limits.
2.2.2 On the Platform, it is prohibited to:
126.96.36.199 On the Platform, it is prohibited to hold and to participate in Challenges and Fundings which purpose or subject matter is:
3. Financing our Platform. Our Fee.
3.1 You will not pay for the use of the Platform, however, by using the Platform, you acknowledge that we may provide you with advertisements for which companies and/or other Users who promote their products or services pay us.
3.2 We shall provide you with relevant and useful advertisements without revealing your identity to the advertisers. The advertisers inform us on their business goals and the target audience they wish to provide their advertisements to. Then we provide their advertisements to individuals who might be interested in it.
3.3 We also provide advertisers with advertising performance reports to help them understand how people interact with their Content within the Platform. We do not provide anyone with any personally identifiable information (such as your name and your e-mail address which may be used by themselves to contact or to identify you) unless you give us your special permission to do so.
3.4 Prize Fund Challenges and Fundings through the Platform
3.4.1 If you arrange for or participate in any Prize Fund Challenges or Funding, you should do so solely in accordance with and abiding by the Challenge Rules and the Agreement on the Fulfillment of Tasks.
The Platform shall not be a participant in the Challenge or the Funding; such deals shall be closed between the Users of the Platform. The Platform makes it technically possible to arrange for a Challenge or Funding. The Platform shall charge a commission fee for making it technically possible to hold the Prize Fund Challenge and the Funding using the Platform in the amount of 20 percent of the Prize Fund or the Sum of the Funding, including applicable taxes.
3.4.2 The Platform commission fee shall be paid as follows: when transferring funds to another User, the User shall send the respective order to Tinkoff Bank JSC (hereinafter the “Connected Bank”) via the Platform. The User shall grant his/her unconditional consent, that is, full acceptance for withholding the cost of the Platform services when carrying out such transaction. However, the Platform shall not bear any liability for actions of the Connected Bank when fulfilling the above order, actually merely assisting the User in sending his/her order to the Connected Bank.
3.4.3 By making funds transfers via the Platform through the Connected Bank, you agree to the Connected Bank offer.
4. Granting License Rights to the Platform
4.1 We respect intellectual property rights and ask you to do the same. Your access to and use of the Services shall be conditional upon your consent not to use the Services for the purpose of infringing any intellectual property rights. We reserve the right to block access to the Platform/Services and/or to delete the account of any User that infringes or allegedly infringes any copyright or other intellectual property rights, without a notice, at any time and at our sole discretion.
4.2 Granting you License Rights to Use the Platform. Provided that you comply with this Agreement and all other applicable terms and conditions or rules, we shall grant you a limited, non-exclusive license, without the right to sublicense (and without the right to transfer and to assign access to the Platform) to use the Platform and to integrate with it, but only to the extent permitted by this Agreement and all other applicable terms and conditions or rules. You will not sell, transfer or sublicense the rights to the Platform to any other persons. Unless this Agreement explicitly grants you a license to do so, you will not use, access, integrate, modify, translate, reverse engineer or otherwise operate the Platform or any its element or create any derivative works.
4.3 Nutson shall carry out the day-to-day management of the Platform, determine its structure and appearance, allow or restrict your access in case the provisions of this Agreement are violated and exercise any other rights that it has. The User agrees that we shall have the right to use the functional and technical capabilities of the software (audio/video players and editors) that ensure the display of the Content posted on the Platform, at our sole discretion, including for the purpose of displaying advertisements.
4.4 As regards enabling interaction among the Users, and, specifically, enabling the Users to independently take certain actions on the Platform, Nutson shall act exclusively as the person that provides the technological capability for such interaction with the use of the Platform and shall be an information intermediary within the meaning of Article 1253.1 of the Civil Code of the Russian Federation. Any information, graphics and other materials provided by the Users shall be transferred and stored in the context of such interaction and access to them shall be provided via the Internet and the Platform software without such materials being changed or their content being affected by Nutson.
4.5 We shall have the right to:
4.5.1 At any time, change the Platform design and user interface, its content, the content of the provided functions of the Platform, modify or supplement the scripts, software and other items used or stored on the Platform, with or without notification of the User.
4.5.2 We reserve the right to temporarily or permanently disable the User’s account at any time, including if you fail to comply with any of the provisions of this Agreement, the Terms and Conditions of Use or other applicable rules, terms and conditions, or if we believe that any actions taken from your account cause or may cause damage to or deteriorate the quality of the services, or may prejudice or infringe the rights of any third parties, or violate any laws or regulations, of which we will notify you within a reasonable time.
4.5.3 We reserve the right to delete or to disable access to the Content at our sole discretion for any reason at any time and without a prior notice.
4.5.4 We reserve the right to cut, crop, edit your Content or to refuse to post your Content at our sole discretion. We shall have the right to prohibit, block or delete any publication that you post on the Platform services if we believe that your publication does not comply with this Agreement, the Terms and Conditions of Use and other terms and conditions or rules, the legislation of the Russian Federation and other applicable law, causes or may cause damage to or deteriorate the quality of the services or may prejudice or infringe the rights of any third parties, at our sole discretion.
4.5.5 WE RESERVE THE RIGHT TO BLOCK YOUR ACCOUNT, AMONG OTHER THINGS, IF YOU:
188.8.131.52 Use swear words, insults in your Comments to the Content.
184.108.40.206 We receive complaints about you (rudeness, offensive behavior, inadequate communication).
220.127.116.11 You have violated this Agreement or any legally binding agreements with us.
4.6 You acknowledge and agree that we may stop granting you the license rights to the Platform described in this section at any time for or without a reason.
4.7 License Grant of Third-Party Services
4.7.1 NO RIGHTS SHALL BE LICENSED TO ANY SOUND RECORDS AND PIECES OF MUSIC CONTAINED IN THEM THAT ARE AVAILABLE THROUGH THE PLATFORM.
4.7.2 With the help of Mubert Inc., the Platform shall provide remixes to its Users so that the Users can create derivative works by combining remixes with images and videos.
The Users shall be granted the right to use derivative works only if the remix is a part of an audiovisual derivative work, however, as regards remixes, the right to benefit (including monetization), the copyright or any other exclusive rights to remixes shall not pass to the Users. The User shall not have right and is obliged to refrain from asserting any rights (claims) to any other persons, both the Platform Users and any third parties, in relation to remixes on streaming services (YouTube, Vimeo, Google Music, etc.).
The User shall have the right to receive fees (including, but not limited to, the monetization of a derivative work) for granting the rights (transfer of the exclusive rights) to a derivative work, without the right to sublicense and to transfer any rights (including copyrights, related rights) to a remix or any part thereof, which shall be expressly specified in any agreement for the transfer of rights to a derivative work or for the payment of fees (monetization) for a derivative work.
4.7.3 We use TrueDepth API technologies (ARKit, with automatic assessment of the actual environment of directional lighting) to create AR effects on the Platform. The only use of this information shall be to provide valuable user defined functions. No information gathered by the TrueDepth API shall ever leave the user device. We shall not transfer the information to any third parties, store or otherwise process the data that we have access to and which we use through the TrueDepth API. More information on the TrueDepth API technologies is available at https://support.apple.com/en-us/HT208108.
The information provided using the TrueDepth API technologies shall be stored on the device only while AR effects are being created on the Platform. When rendering an effect, the data shall not be saved and shall be deleted after the final video is created or the data shall not be used when the final video is created.
5.1 We do not seek ownership of your Content, but you shall grant us a license to use it. Your rights to your Content shall be unchanged. We do not claim ownership of your Content that you post to or through the Platform. You hereby grant us a non-exclusive, royalty-free, worldwide license with the right to transfer and to sublicense to store, use, distribute, modify, launch, copy, publicly perform or display, translate your Content and create derivative works on its basis. The license shall expire when your Content is deleted from our systems. You may delete the Content separately or as a whole by deleting your account (to delete some Content, you should write to the support service, and the Content will be deleted within two (2) weeks after contacting). If you are a composer or an author of a piece of music and related to a copyright protection entity, you shall notify your entity of the royalty-free license that you grant us for your user Content in this Agreement. You shall be solely liable for ensuring that the relevant obligations of your copyright protection entity are complied with. You shall grant us the right to use your image pursuant to Article 152.1 of the Civil Code of the Russian Federation.
5.2 If you wish to complain about any information and materials uploaded by other Users, please read the Procedure for the Handling of Complaints.
6. Service of Public Messages
6.1 The Service of Public Messages shall mean that the User may post messages on the Platform pages that may be viewed by all Users who visit the respective page of the Platform.
In addition to the general rules, it shall be prohibited to post public messages that:
6.2 The Administration shall have the right to delete a public message that complies with or violates the Agreement at any time and to take any other actions or inaction at its sole discretion.
7. Platform Arbitration
In the event that any disputes regarding a Task and the Challenge Rules arise among the Users under the Agreement, they shall be resolved by the Administration. The Users agree that the Administration shall have the right to take any necessary steps by results of considering a disputable situation. The Administration decision shall be final and not subject to appeal.
8. Warranties and Liability
8.1 Your Warranties and Liability
8.1.1 You warrant that you have all powers and capacity required to enter into this Agreement and other rules, terms and conditions and shall be liable for assessing the accuracy, completeness and fitness of all opinions, estimates, services and other information, quality and functions of the goods provided through the Platform.
8.1.2 You may not transfer your rights or obligations under this Agreement without our consent.
8.1.3 You shall be personally liable for any Content or other information that you post on the Platform or otherwise communicate to the general public on or through the Platform. You undertake to independently settle claims of any third parties that are related to inappropriate posting of the Content and information on the Platform.
8.1.4 To the extent permitted by law, in case of any dispute that results from your use of our Services between you and any third parties, for example, including, but not limited to, any communications provider, copyright holder or other Users, that arises directly between you and such third parties, you shall irrevocably hold harmless and indemnify us and our partners against any complaints, claims and damages (actual and subsequent) of any kind and nature, whether or not known, arising in any way and related to such disputes.
8.2 Nutson Warranties and Liability
8.2.1 We shall have the right to assign our rights and obligations to other persons. For example, this may occur in the event of a change of ownership (due to merger, acquisition or sale of assets) or by virtue of law.
8.2.2 The Platform shall be provided “as is”, we make no warranties that:
8.2.3 We shall not control any statements and actions of people and other persons and shall not be liable for their (or your) actions and conduct (on and off the Internet) or the Content (including unlawful or objectionable one). Furthermore, we shall not be liable for the services and functions offered by other people or companies, even if you access them through our Platform.
8.2.4 We shall not participate in generating the content of your account and the Content, control your actions, shall not censor and are not technically able to automatically censor information in the open sections of the Platform and in your account. Due to the specific features of the Platform functioning, we shall not moderate and are not technically able to preliminarily moderate any information and Content posted by you and shall not be liable for its content.
8.2.5 We shall not bear any liability for any content presented and posted by the Users and/or authorized third parties.
8.2.6 In the event of troubles with our Platform, we are unable to forecast all of their implications. You agree that we will not be liable for any lost profits or income, lost information or data or for any indirect, punitive or incidental damages arising out of or in connection with this Agreement, even if we were aware that such damages could be incurred. This provision shall apply as well to our deletion of your Content, information or account, loss of business, goodwill or business opportunities or business interruption. Any other losses will be limited to the amount you paid to Nutson during the past 12 months.
9. Special Conditions
9.1 Nutson Logo. The User has been notified of and agrees that when images and videos are posted, each of such images or videos may be provided with the Nutson logo that is due to the Platform functionality.
9.2 Applicable Law and Jurisdiction. This Agreement, its subject matter and content shall be governed by the legislation of the Russian Federation. All disputes between the parties to this Agreement shall be resolved through correspondence and negotiations in the course of compulsory pre-court dispute settlement procedure (pre-action protocols). If the parties cannot reach an agreement through negotiations within sixty (60) days from the date the other party receives a written claim, any party concerned shall refer the dispute to the court of general jurisdiction at the location of Nutson (the jurisdiction over the case of any other courts shall be ruled out), unless otherwise is expressly provided for by applicable law.
9.3 Entire Agreement. This Agreement (including all rules, terms and conditions) shall constitute the entire legal agreement between you and Nutson, govern your use of the Services and supersede in full any prior agreements between you and Nutson in relation to our Services.
9.4 Age Limit. The Services shall be provided solely to persons aged 13 and over. To join the Prize Fund Challenge Rules and the Agreement on the Fulfillment of Tasks, you must have full capacity in your country of registration, but you must be at least 18 years old. By using the services, you confirm that you are over the respective age specified in this Agreement. If we become aware that someone under the respective age specified above uses the Services, we will terminate that User’s account.
9.5 Waiver. Our failure to enforce any provision of this Agreement shall not be construed as a waiver of such provision or right.
9.6 Safety. We do not warrant that our Services will be safe or free from any bugs or viruses. You shall be liable for configuring your information systems, computer programs and the Platform to access our Services. You must use your own anti-virus software.
9.7 Partial Invalidity. If a court having jurisdiction to rule on this matter determines that any provision of this Agreement is invalid, such provision will be deleted from the Agreement without affecting the remaining part of this Agreement and other provisions will remain valid and enforceable.
Any notices may be sent by one party to the other party:
10. Additional Terms and Conditions—App Stores
To the extent permitted by applicable law, the following additional terms and conditions shall apply when accessing the Platform through certain devices.
10.1 Apple Products Note. By downloading our Platform to devices manufactured by Apple, Inc. (hereinafter “Apple”) or from the Apple AppStore, you acknowledge and agree that:
10.2 Google Play App Store. By downloading the Platform from the Google Play App Store operated by Google, Inc. or one of its affiliates (hereinafter “Google”), you acknowledge and agree that:
Appendix No. 1
to the User Agreement
Each term defined in this Glossary shall have the same meaning regardless of where it is used in the Agreement or its appendixes. In this case, the words in the singular shall include the plural, and vice versa.
Appendix No. 2
to the User Agreement
1.1 These Challenge Rules (hereinafter the “Rules”) shall be a model Offer of the Challenge Organizer intended for the Challenge Participants. The Offer shall be accepted in the manner prescribed by this Offer. The Offer acceptance by the Challenge Participant shall be equal to entering into an agreement upon the terms and conditions set forth in this Offer. These Rules shall be a legally binding document for the Challenge Organizer, the Challenge Participants and Challenge Winner.
1.2 The Challenge announcement shall be posted as follows:
1.2.1 In the Challenge Organizer’s account on the Platform and in the search bar and other places within the Platform’s functionality.
1.3 The Challenge is not a lottery, is not risk-based and does not require any participation fee.
1.4 The Challenge shall be held with or without a Prize Fund.
1.5 The Challenge shall be held in accordance with these Rules. To participate in the Challenge, the Challenge Participant shall be invited to take actions in the manner prescribed by the Challenge Organizer and these Rules.
1.6 Under no circumstances may the Company and Apple or Google be treated as the Challenge Organizers, influence the Challenge results and/or the generation and allocation of the Prize Fund (if any).
1.7 Any terms and conditions of the Challenge that are not governed by these Rules and the Agreement shall be determined and posted by the Challenge Organizer at the place where the Challenge is announced.
1.8 The Challenge Organizer and the Challenge Participant warrant that they have sufficient legal status and capacity and shall have the right to accede to these Rules, including for organizing and participating in Prize Fund Challenges, in accordance with applicable law and the Personal Law.
The Challenge Organizer, the Challenge Participant and the Prize Fund Challenge Winner shall have full capacity in their country of registration in accordance with the Personal Law but must be at least 18 years of age.
2. Challenge Duration and Cancellation
2.1 The Challenge Organizer shall independently determine the Challenge Duration and post it at the place where the Challenge is announced. The Challenge Duration shall include the term of posting the Challenge Video Confirmation, which shall be the same for all Challenge Participants.
2.2 After the expiry of the Challenge Duration, the Likes leaving period shall begin which shall be 24 hours.
2.3 The Challenge Organizer shall have the right to cancel the Challenge before the Term for Gathering the Challenge Video Confirmations of the Challenge Participants starts.
3. Challenge Task
3.1 The Task shall contain a detailed description of the Challenge that is sufficient to fulfill it, the amount of the Prize Fund (if the Prize Fund Challenge is held), the Challenge Duration and any other terms and conditions at the discretion of the Challenge Organizer.
3.2 The design and the provision of the Challenge shall be effected by the Challenge Organizer using the technical aids of the Platform.
3.3 The Task shall be generated and posted by the Challenge Organizer independently at the place where the Challenge is announced.
3.4 The Challenge announcement shall automatically mean that these Rules apply to the User and he/she obtains the status of the Challenge Organizer.
3.5 The posting of the Challenge Video Confirmation by the User shall automatically mean that these Rules apply to the User, and he/she obtains the status of the Challenge Participant.
3.6 It is prohibited to post and to fulfill any Tasks that are prohibited on the Platform and specified in clause 2.2.2 of the Agreement.
4. Winner Selection Procedure
4.1 The Challenge Participant confirms that he/she has fulfilled the Challenge by posting the Challenge Video Confirmation on the Platform.
4.2 The Winner shall be selected from among the Challenge Participants. The Challenge Winner shall be the Challenge Participant whose Challenge Video Confirmation has received the most Likes. The Winner shall be determined automatically.
4.3 The Winner status can be transferred to the next Challenge Participant in the list if the winning Participant faked the Likes and, in this case, we declared his victory to be invalid.
4.4 The Challenge Organizer shall have the right to use the boost and to increase the number of Likes of any Challenge participant by 25%.
5. Receiving the Prize Fund
5.1 The Prize Fund shall be transferred to the Challenge Winner through the Platform, less the Platform commission fee as specified in clause 3.4 of the Agreement within three (3) business days after the end of the Challenge Duration.
5.2 The Prize Fund shall not be a prerequisite for the Challenge. The Challenge Organizer shall have the right to organize a Challenge without a Prize Fund, which must be reported at the place where the Challenge is announced.
5.3 Prize Fund Payment Procedure.
5.3.1 If the Challenge Organizer wishes to hold the Prize Fund Challenge, the Organizer shall contribute the Prize Fund amount as a security for his/her obligations.
5.3.2 The Platform redirects the Challenge Organizer to the Connected Bank payment page where the Challenge Organizer shall specify his/her bank card details and issue an order for the Prize Fund transfer to the Connected Bank where it will be reserved until the Challenge Winner is selected and such Prize Fund is paid to him/her.
5.3.3 By confirming the transfer of the Prize Fund amount to the Connected Bank, the Challenge Organizer shall thereby confirm the payment of the Prize Fund amount to the Challenge Winner after such Challenge Winner is selected.
5.3.4 The Challenge Organizer understands that after the Challenge Winner is selected and the Challenge Duration expires, the Platform will send to the Connected Bank the Challenge Organizer’s order to transfer the Prize Fund amount to the Challenge Winner within three (3) business days after the Challenge Duration expires, and such transfer shall be deemed as accepted by the Challenge Organizer in full.
5.4 After successful debiting (reserving) of funds on the account with the Connected Bank, the Challenge shall become active and other Users may participate in it.
5.4.1 At that:
5.5 After the Challenge is held and the Challenge Winner is selected, the Platform will send a notice to the Challenge Winner stating that he/she has been recognized as the Challenge Winner and that he/she is required to enter his/her bank card details on the Connected Bank payment page in order to transfer the Prize Fund amount.
5.6 After holding the Challenge, selecting the Challenge Winner and receiving the Challenge Winner’s bank card data, the Platform shall send the Challenge Organizer’s order to transfer the funds reserved earlier from the Challenge Organizer’s account to the Challenge Winner’s account with the Connected Bank, and the bank shall transfer the Prize Fund amount from the Challenge Organizer to the Challenge Winner.
5.6.1 At that:
5.7 The Platform shall charge its commission fee pursuant to clause 3.4 of the Agreement.
6. Obligations to Pay Taxes, Levies and Other Charges
6.1 The Challenge Organizer and the Challenge Winner shall independently pay all necessary taxes, levies and charges payable in connection with these Rules in accordance with applicable law and independently bear the respective risks and liability in case of non-payment. The Company shall not be a tax agent under these Rules.
7. Copyright and Related Rights
7.1 In the event that the Task provides for the fulfillment of the Challenge which results in the creation of an intellectual property item (an intellectual deliverable and/or a means of individualization), unless otherwise agreed upon by the parties, the copyright shall remain with the Challenge Participant and the Challenge Participant shall grant the Company a non-exclusive royalty-free license to post them on the Platform in the manner prescribed by clause 5 of the Agreement.
7.2 In other cases, any issues related to the rights to the intellectual deliverables and/or means of individualization will be governed by the current legislation of the Russian Federation.
8. Liability of the Parties
8.71 The parties shall be liable for failure to fulfill or improper fulfillment of the obligations under these Rules in accordance with the current legislation of the Russian Federation (applicable law).
9. Amendments to the Rules
9.1 These Rules may be amended by the Company unilaterally.
10. Final Provisions
10.1 To the extent that they govern the relations between the Challenge Organizer and the Challenge Participant in relation to the fulfillment of the Task, the posting of the Challenge Video Confirmation and the Prize Fund amount, the provisions posted by the Challenge Organizer shall supplement the provisions of these Rules and shall be deemed as included in them.
In the event of a discrepancy between the provisions of the Task and of the Rules, the provisions of the Rules will prevail over the provisions of the Task as between the Challenge Organizer and the Challenge Participant.
Appendix No. 3
to the User Agreement
1. This Agreement shall be a model Offer of the Contractor intended for the Customer. The Offer shall be accepted in the manner prescribed by this Offer. The Offer acceptance by the Customer shall be equal to entering into an agreement upon the terms and conditions set forth in this Offer.
1.1 This Agreement on the Fulfillment of Tasks (hereinafter the “Contract”) is entered into between the person being the Customer and the person being the Contractor that shall be jointly referred to as the “Parties” and individually as the “Party”.
2. Conditions for Entering into the Contract
2.1 The Contract shall be entered into between the Contractor and the Customer that may be individuals.
2.2 The Contract shall be entered into between the Contractor and the Customer that have an account on the Platform.
2.3 The Contractor and the Customer warrant that they have the legal status and capacity and have the right to enter into this Contract in accordance with applicable law and the Personal Law (but they must be at least 18 years old).
2.4 The Contractor and the Customer shall independently comply with the currency regulation and control laws and provide all documents and information required to do this to the relevant competent authorities and entities, the other Party and the Company.
2.5 The Company or Apple or Google shall not be a party to this Contract under any circumstances.
2.6 The means of payment under this Contract shall be Russian rubles.
3. Subject Matter
3.1 Under this Contract, the Contractor shall post the Funding with an invitation to fulfill the Funding Task on the Platform, specifying the Task Fulfillment Term, the Sum of the Funding for fulfilling the Task and the term for raising the Sum of the Funding.
The Author of the Funding shall have the obligation to fulfill the Funding Task when the Funding amount is received. In the event that the Author of the Funding receives an amount that is more than the Sum of the Funding required to fulfill the Funding Task, such amount will be regarded as the agreed Sum of the Funding for the fulfillment of the Task under this Contract.
3.2 The User shall accede to this Contract and become the Customer at the time the funds are transferred to the Connected Bank for the Author of the Funding to fulfill the Funding Task.
3.3 This agreement envisages that many Parties (Users) may be on the part of the Customer and that the Sum of the Funding may be divided into parts that are not equal for each Customer.
3.4 The result of the Funding Task shall be the fulfillment by the Contractor of the actions specified in the Funding Task (hereinafter the “Work”).
3.5 The Contractor shall perform the Work for the Customer upon the terms and conditions set forth in the Funding Task and hand over the Work result to the Customer, and the Customer shall accept the Work result and pay for it in accordance with the terms and conditions of this Contract.
3.6 A detailed description of the Work performed by the Contractor, its deadlines, cost and other relevant conditions shall be determined in the Funding as agreed upon by the Parties on the Platform pages in the manner prescribed by this Contract.
4.1 The Funding Task shall contain a description sufficient to fulfill it and other terms and conditions of the Funding that are material for the Customer.
4.2 The design and the provision of the Funding by the Contractor shall be effected using the technical aids of the Platform.
4.3 The Funding Task may not provide for the performance of any Work that is contrary to the legislation of the Russian Federation and the terms and conditions of the Agreement, in particular clause 2.2.2 of the Agreement and this Contract.
5. Work Terms and Conditions
5.1 The Contractor shall perform the Work in strict accordance with the Funding Task.
5.2 The Contractor shall have the right to independently determine the manner and the methods of performing the Work, unless otherwise specified in the Funding Task.
5.3 The quality of the Work performed shall comply with the terms and conditions of the Funding Task, and if there are no such terms and conditions, with the requirements that are usually set for the work or services of this kind.
5.4 The Work shall be performed within the time limits specified in the Task. The Contractor may perform and transfer the Work to the Customer early.
6. Work Transfer and Acceptance Procedure
6.1 The Contractor shall confirm the performance of the Work by posting the Funding Video Confirmation on the Platform. The posting of the Funding Video Confirmation in accordance with the Funding Task shall be equal to the Contractor’s handwritten signature.
6.2 After the Funding Video Confirmation is posted, the Customer shall have three (3) days to file a complaint about the Work with the Arbitration (if he/she believes that the Task is fulfilled with delay or the Work is not performed in accordance with the Task) pursuant to clause 6.3 of the Contract. If no complaint about the Work is filed to the Arbitration during this period, the Work shall be deemed to have been performed by the Contractor in full, properly and accepted without any comments; in this case, no additional confirmation of the Customer is required.
The transfer by the Customer of funds for the fulfillment of the Funding Task by the Author of the Funding shall be equal to the Customer’s handwritten signature.
6.3 The Customer shall have the right to refer his/her complaint to the Administration pursuant to the Procedure on the Determination of the Status of the Fulfillment of the Tasks within the Funding, the Status of the Victory in the Challenge and the Handling of Complaints of the Users. Payment of the Sum of the Funding shall be suspended until the Arbitration makes its award. The term of the Arbitration shall be up to 14 days.
7. Procedure of Settlement for the Performance of Work
7.1 Settlements between the parties shall be made through the Platform, less the Platform commission fee as specified in clause 3.4 of the Agreement.
7.2 Sum of the Funding Payment Procedure.
7.2.1 At the time the Funding is created, the Platform shall send the Author of the Funding a notice that he/she should enter his/her bank card details on the Connected Bank payment page in order to transfer the Sum of the Funding after the Work is successfully performed and the Funding is completed.
7.2.2 The Platform shall redirect the User to the Connected Bank payment page where the User shall specify his/her bank card details and issue an order for the transfer of funds to the Connected Bank for the Author of the Funding to fulfill the Funding Task, where such funds will be reserved until the Funding Video Confirmation is received from the Contractor. From the time the Connected Bank receives the funds, the User shall be assigned the status of the Customer in accordance with clause 3.1 of the Contract.
7.2.3 By confirming the transfer of funds to the Connected Bank, the Customer thereby confirms the payment of funds to the Contractor after the Funding Video Confirmation is posted, provided that no complaint is received by the Arbitration after three (3) days from the date of posting the Funding Video Confirmation.
7.2.4 The Customer understands that after the Funding Video Confirmation is posted and provided that no complaint is received by the Arbitration pursuant to clauses 6.2 to 6.3 of the Contract, the Work shall be deemed as performed by the Contractor, the Platform shall transfer the Customer’s order for the transfer of funds to the Contractor to the Connected Bank and such transfer shall be deemed as accepted by the Customer in full. At that:
18.104.22.168 In case the Funding is canceled after the debiting of funds, the debited funds will be repaid to the Customer.
22.214.171.124 In case the Funding is canceled as awarded by the Arbitration after the debiting of funds, the debited funds will be repaid to the Customer.
7.2.5 After the Work is performed by the Contractor and there is no Arbitration or after the Arbitration awards that the Work has been performed in full and properly, the Platform shall send the Customer’s order for the transfer of the funds reserved earlier from the Customer’s account to the Contractor’s account with the Connected Bank after five (5) days from the time the Funding Video Confirmation is posted, and the bank shall transfer the Sum of the Funding from the Customer to the Contractor. If the Arbitration makes a decision that the Work has not been performed properly, the Sum of the Funding shall not be transferred to the Contractor, and the funds paid shall be repaid to the Customer.
7.2.6 The Platform shall charge its commission fee pursuant to clause 3.4 of the Agreement.
8. Obligations to Pay Taxes, Levies and Other Charges
8.1 The Customer and the Contractor shall independently pay all necessary taxes, levies and charges payable in connection with this Contract in accordance with applicable law and independently bear the respective risks and liability in case of non-payment. The Company shall not be a tax agent under this Contract.
9. Copyright and Related Rights
9.1 In the event that the Funding Task provides for the performance of Work which results in the creation of an intellectual property item (an intellectual deliverable and/or a means of individualization), the Contractor shall retain the exclusive rights, unless otherwise agreed upon by the Parties.
9.2 In other cases, any issues related to the rights to the intellectual deliverables and/or means of individualization will be governed by the current legislation of the Russian Federation, including Part 4 of the Civil Code of the Russian Federation.
10. Liability of the Parties
10.1 The Parties shall be liable for failure to fulfill or improper fulfillment of the obligations under the Contract in accordance with the current legislation of the Russian Federation (applicable law).
11. Entry into, Amendment and Termination of the Contract
11.1 The Contract shall be entered into by the Customer’s acceptance of the Contractor’s proposal pursuant to clause 3.1 of this Contract.
11.2 Any acts related to the entry into, amendment, termination or performance of the Contract that are taken by the person using the account of the Contractor/Customer shall be deemed to have been taken, respectively, by the Contractor/Customer on their own behalf, as if they were taken by the Contractor/Customer personally, and shall be regarded by the Parties as equal to the handwritten signature of the Customer and the Contractor.
11.3 Neither of the Parties may unilaterally amend the terms and conditions of the Contract.
11.4 The Contract may be terminated only as agreed upon by all Parties and the Company. In case they intend to terminate the Contract, the Parties shall notify the Company thereof within a reasonable time through the technical aids of the Platform.
12. Applicable Law and Dispute Resolution
12.1 The Contract shall be governed by and construed in accordance with the substantive law of the Russian Federation without regard to its conflict of laws rules.
12.2 In the event of any disputes or disagreements related to the performance of the Contract, the Parties will make every effort to resolve them through negotiations.
12.3 If the arisen dispute and disagreements are not resolved through negotiations, they shall be resolved in accordance with the Rules for Determining the Status of Work Performance/Provision of Services and Considering Requests of the Customer and the Contractor posted on https://www.nutson.us.
13. Final Provisions
13.1 To the extent that they govern the relations between the Customer and the Contractor in relation to the subject matter of the Contract, the transfer and acceptance of the Work and the posting of the Funding Video Confirmation under the Contract, the provisions of the Task shall supplement the provisions of this Contract and be deemed as included in it. In the event of a discrepancy between the provisions of the Funding Task, the Contract and the Agreement, the provisions of the Agreement will prevail over the provisions of the Funding Task and the Contract as between the Customer and the Contractor.
13.2 The Parties agree that any Content posted by the Parties using the Platform shall be equal to written documents signed by the Parties in person and shall have the same legal effect. The Parties agree that the Content will be considered appropriate for the purposes of this Contract, as if such posting of the Content is executed by the Parties in writing.
13.3 In the event that any disagreements arise between the Parties, the data recorded using the technical aids of the Platform shall prevail in resolving such disagreements. At the request of the Parties and/or the competent authority, the Company shall provide the relevant data.
13.4 The Parties shall take into account and agree that the performance, failure to perform or improper performance of obligations under this Contract may affect the status and/or the characteristics of the Parties in accordance with the Agreement, information whereon may be posted and commented on the relevant pages of the Platform and otherwise used in connection with the functioning of services.
13.5 The Parties warrant that they use the Platform in accordance with the terms and conditions or rules of its use, information on the Parties is posted on the Platform in a correct and full manner, they act under their own, but not fictitious, names, and that all actions taken on the Platform under their accounts are taken by them personally or by authorized persons, are binding upon and legally valid for the Parties.
Appendix No. 4
to the User Agreement
Guidelines on Combating Breaches
Anti-violation recommendations can help you successfully deal with conflicts you may face at Nutson. We hope you will find a suitable solution.
What you can do:
If you see inappropriate Content at Nutson, please determine its context. Many people use our Platform in a Nutson-specific way. If something goes beyond the context, this can result in misunderstandings. Please check hashtags related to the Content. Perhaps, the post is a part of a trend or may relate to something that is not obvious. To understand the situation, please check all information related to the post or the entire profile of the person who posted it.
Think before commenting. If you are involved in a dispute in the Comments, please consider what your next post might result in. While it is always tricky, stalking can make the unwanted behavior worse and encourage the other person to continue to behave aggressively.
Block! If you receive unwanted Comments from another user, it is recommended that you block that person. People who insult others often lose interest when they understand that you will not answer them or that they will no longer be able to communicate with you.
If the dispute or insults continue. The best answer in a dispute is a calm discussion or a refusal to argue. However, some situations require additional actions. The following tips in this section are recommendations for getting help.
Contact those you trust. When it comes to negative or harmful interactions, contacting the loved ones for advice can help. Communicating a trouble to a family member or a close friend can often help you figure out how to cope with a situation or to express your emotions so you can move on.
Complain. Be sure to read the Platform Rules. If you have read and believe that some account violates one or more of the rules, please report the violation to us using the application function of sending complaints. This is the fastest way to report insulting posts or profiles. Please provide all necessary information in your complaint—this will help to consider your trouble as soon as possible.
Nutson deletes only those accounts and posts that violate the Agreement and other terms and conditions or rules posted on the Platform. If we delete something that is contrary to the Guidelines of the Community, we inform the author of the post, but do not provide information on the User who complained about the post.
In case of danger. Contact your local law enforcement authorities or legal representation. When a conflict can become a genuine threat online or in real life, you should contact your local law enforcement authorities. They can better assess the threat than others and intervene or help you if required. If we are contacted by law enforcement authorities, we can cooperate with them and provide the information required to investigate the trouble.
Legal advice. If you believe your online dispute is legal, please consult a lawyer. Nutson may not provide legal advice or information on other Users, except as required by the current legislation.
Appendix No. 5
to the User Agreement
Please only post the Content you create or the Content that you are authorized to share. Please remember that only authentic materials may be posted. Do not post any Content you have copied or found online unless you are authorized to do so.
Post photos and videos that are suitable for a diverse audience.
We know that sometimes people want to share nude images for creative or artistic reasons, but there is a number of reasons why such images are prohibited at Nutson. Photos, videos and some digital materials showing sexual intercourse, genitals and fully naked buttocks close-up are prohibited. They include photos of female breast nipples as well, but photos with mastectomy scars and photos of breastfeeding women are allowed. Painting and sculpture nudity is also allowed.
People love to post photos and videos of their children. Sometimes, we may delete photos that show partially or fully nude children for security reasons. Even if these materials are posted with good intent, one may not foresee a purpose for which other people may use them.
Please interact in a conscious and authentic manner.
Help us combat spam. Please do not use mechanisms for fake Likes, increasing the number of followers and reposts. Do not post repeating Comments or materials, do not make commercial proposals several times to people who have not agreed to this. Do not post any Content that promotes, encourages, or makes it easy to buy or sell fake feedbacks of people. You are not required to provide your true name at Nutson, but we do require the Users of this platform to provide us with accurate and up-to-date information. Do not misrepresent yourself as other people and do not create accounts to violate our Guidelines or mislead someone.
Obey the law.
At Nutson, it is prohibited to support and to praise terrorist activities, organized crime and haters groups. At Nutson, it is prohibited to offer sexual services, to buy or sell firearms, alcohol and tobacco products on an individual basis, or to buy or sell narcotic drugs or prescription drugs (even if they are permitted in your area). Poaching and selling endangered animals and parts of their bodies are strictly prohibited.
When offering to buy or sell other goods subject to statutory regulation, always keep in mind that you must obey the law. Accounts promoting online gambling or online lotteries must obtain our prior written permission before using our products.
We believe that threats to post intimate photographs of other people and materials of a sexual nature involving minors are out-of-tolerance. The above list is not exhaustive, therefore, when using Nutson, you are prohibited from taking any actions that violate the law. However, the Nutson liability is limited to the concept of an information intermediary in the context of Article 1253.1 of the Civil Code of the Russian Federation.
Respect other members of the Nutson community.
We strive to build a diverse community with a friendly attitude towards each other. We delete any materials that contain genuine threats or hostile speech that are intended for humiliating or insulting certain people, and that contain personal information that is intended for blackmailing or harassing or repeated unsolicited messages. As a rule, we allow critical discussion of people who appear in the news or have a large audience of fans because of their profession or occupation.
It is inadmissible to call for violence or harassing people based on their race, ethnic or national origin, sex, gender identity, religion, sexual orientation, disease or disability. We may permit the posting of hostile speech if this is done in order to raise awareness or to combat it. In such cases, we ask you to clearly express your intentions.
Serious threats to jeopardize public and personal safety are prohibited. This includes, but is not limited to, specific threats of physical harm, robbery, vandalism or other financial damage. We consider complaints carefully and weigh many factors to determine whether the threat is genuine.
Be friendly in the community and do not propagate self-harm.
Encouraging or calling for self-harm is contrary to our community ideas, so we delete such posts or accounts if we receive complaints about them.
Be careful when sharing information on important events. We understand that many people use Nutson to share important and posting-worthy events. Some of them involve images. Nutson is used by people of different age groups, so we may delete videos with hard to perceive scenes of violence. Nutson must remain suitable to everyone. Posting images for sadistic pleasure or to celebrate violence is prohibited.
Please help us strengthen our community. If you believe that the materials you have seen violate the Guidelines, please help us by using the special form. Our team considers all complaints and strives to delete any materials that do not comply with our Guidelines as soon as possible. Please try to provide as much information as possible, such as links, usernames and descriptions of the materials, so that we can find them and consider your complaint as soon as possible. We may delete entire posts if the images or captions they contain are contrary to our Guidelines.
You may find materials that you dislike but that do not violate our Guidelines of the Community. In this case, you can unsubscribe or block the person who posted them. If you do not like a Comment to one of your posts, you may delete it.
If someone posted your photo or video without your permission, please file a copyright infringement complaint. If you believe someone infringes your trademark rights, please file a respective complaint.
We may contact law enforcement authorities if we believe that there is a risk of physical harm or a threat to public safety.
Appendix No. 6
to the User Agreement
Procedure on the Determination of the Status of the Fulfillment of the Tasks within the Funding, the Status of the Victory in the Challenge and the Handling of Complaints of the Users (hereinafter the “Procedure”)
1. Determining the Status of Fulfillment of Tasks in the course of Funding.
The Funding shall be deemed to have been fulfilled when the Sponsors’ funds are transferred to the Author of the Funding account based on the Agreement on the Fulfillment of Tasks.
2. Determining the Status of the Victory in the Challenge.
The Prize Fund Challenge shall be deemed to have been successfully fulfilled when the Prize Fund is transferred from the Challenge Organizer account to the Challenge Winner account in accordance with the Challenge Rules. If there is no Prize Fund, the mechanism for determining the Challenge Winner shall remain the same and shall be implemented on the basis of the Challenge Rules.
3. Considering Requests and Complaints of the Users.
3.1 Within three (3) days from the date the Funding Video Confirmation is received and within 24 hours after the expiry of the Challenge Duration until the Challenge Winner is determined, the Administration shall have the right to change to the status of considering Users’ requests (Platform Arbitration) and to take steps to set the Task status. The status shall be set based on the analysis of Users statements and the evidence presented by them. When carrying out such analysis, the Administration shall act not as an appraiser or an expert but solely as an independent party which is authorized on the basis of these Rules to carry out such analysis being guided by its own independent beliefs and discretion.
The Arbitration may be up to fourteen (14) days.
At that, the Company shall not be a representative of either the Author of the Funding, or the Challenge Organizer, or the Sponsor of the Funding, or the Challenge Winner, or the User.
3.2 When determining the status of the Funding Task or the Challenge Task, the Company shall be guided by the text of the Challenge Task or the Funding Task, including the Task Deadline/Challenge Duration. In this case, when analyzing the fulfillment of the Task, the Company may take into account the professional level of the Contractor/Challenge Participant based on the integrated ranking of the Involvement Index that is determined by assessing the proportion of Users’ targeted actions equivalent to the Contractor’s/Challenge Participant’s account. In particular, using the Involvement Index, the Company will establish the level of fulfillment of the Tasks the Sponsors could expect when transferring their contributions to the Author of the Funding.
3.3 The Users agree that in the course of Arbitration, the Company may use audio and/or video recording of the process of fulfilling the Task made by the Users and shall provide the Administration with information and materials required to analyze whether the Challenge Video Confirmation is in line with the Task. The Users shall independently bear all risks of failure to provide the Company with the materials required for the comprehensive independent analysis.
3.4 By results of considering the request and carrying out the analysis, the Company shall make one of the following decisions at its own independent discretion and belief:
3.4.1 The services were provided/the work was performed properly and in due time in accordance with the Funding Task; the Challenge Task was fulfilled properly.
3.4.2 The services were provided/the work was performed improperly and/or not within the time limits stipulated by the Funding Task, the Challenge Participant failed to fulfill the Challenge Task properly or the Likes were gathered in bad faith, in this case the Challenge Participant who gathered the most Likes as compared to the disqualified Challenge Participant may be recognized as the Challenge Winner.
3.5 The making of one of the decisions specified in clause 3.4 of this Procedure shall be the obligation of the Company in accordance with the terms and conditions of this Procedure. The making of one of those decisions by the Company shall be final for the purposes of this Procedure, the decision may not be revised. By using the Platform on the basis of the Agreement, the Customer and the Contractor, the Challenge Organizer and the Challenge Participant express their consent to any of the Company’s decisions provided for by clause 3.4 of the Procedure.
3.6 Having made one of the decisions specified in clause 3.4 of this Procedure, the Company shall send a notice of the Arbitration award to all parties concerned.
Appendix No. 7
to the User Agreement
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.
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.
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:
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:
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.
2. The purpose of this Policy is to ensure that the Information on the Users, including their personal data, is adequately protected from unauthorized access and disclosure.
3. The relations pertaining to the gathering, recording, systematizing, accumulating, storing, clarifying, extracting, using, transferring (disseminating, providing, accessing), depersonalizing, blocking, deleting, destructing personal data that is carried out with or without the use of automation tools as well as the protection of Information on the Platform Users shall be governed by this Policy and the Agreement as well as by the current legislation of the Russian Federation.
4. The use of the Platform shall be subject to the User’s consent to this Policy and the Agreement. Each time the Platform is accessed and/or actually used, the User agrees with the terms and conditions of this Policy and of the Agreement available at info.nutson.us/en/terms/ (hereinafter in the versions that were in force at the time the Platform was actually used). A number of terms used in the Policy shall have the meaning defined in the Glossary.
5. The current version of the Policy is available to any Internet user by clicking through info.nutson.us/en/privacy.html. This Policy may be amended by the Company. Any amendments to the Policy shall be made by the Company independently and enter into force on the day following the day such amendments are posted. The User shall independently read the amendments made to the Policy. If the User actually uses the Platform after the terms and conditions of this Policy are amended this shall mean that the User agrees with the new terms and conditions.
6. If the User disagrees with the terms and conditions of this Policy, the use of the Platform must be terminated immediately.
7. This document has been developed in accordance with:
8. The definitions used in this Policy and related to the personal data processing shall have the following meaning.
Automated Personal Data Processing
shall mean personal data processing with the use of computer equipment.
Personal Data Blocking
shall mean suspension of the personal data processing (except when the processing is required to clarify personal data).
Personal Data Information System
shall mean a set of personal data contained in databases and of information technologies and technical aids that ensure its processing.
shall mean data regardless of its form.
Personal Data Confidentiality
shall mean the requirement binding upon the controller or other person who has gained access to the personal data to prevent its dissemination without the consent of the personal data subject or other legal grounds.
Personal Data Depersonalization
shall mean actions that make it impossible to identify personal data in relation to a specific data subject without additional information.
Personal Data Processing
shall mean any action or series of actions taken with the personal data with or without the use of automated or electronic tools, including gathering, recording, systematizing, accumulating, storing, updating, modifying, extracting, using, transferring (disseminating, submitting, providing access to), depersonalizing, blocking, deleting and destructing personal data.
shall mean a public authority, a municipal authority, a legal entity (including Nutson Rus LLC) or an individual that independently or jointly with other persons arranges for and/or carries out the personal data processing and determines the purpose of personal data processing, the composition of personal data to be processed, the actions (operations) to be taken with the personal data.
shall mean any information that relates to a directly or indirectly identified or identifiable individual (personal data subject).
Personal Data Provision
shall mean disclosure of personal data to a specific person or a specific group of persons.
Personal Data Dissemination
shall mean disclosure of personal data to an undefined group of persons.
Data Subject (including Personal Data Subject)
shall mean the specified individual.
Cross-Border Transfer of Personal Data
shall mean the transfer of personal data to the territory of a foreign state, to a foreign public authority or a foreign individual or legal entity.
Personal Data Destruction
shall mean actions that make it impossible to restore the personal data in the personal data information system and/or result in the disposal of tangible media of personal data.
2. Terms of Using the Platform
2.1 Providing the services for using the Platform (hereinafter the “Platform Services”) and acting reasonably and in good faith, the Company believes that the User:
2.2 The Company shall not verify the reliability of the received (collected) information on the Users, unless such verification is required in order to fulfill the Company’s obligations to the User, is set forth by the Agreement, this Policy or is enshrined in the current legislation of the Russian Federation.
3. Purposes of Information Processing
The Company shall process the Information on the Users, including their personal data, in order to fulfill the Company’s obligations to the Users regarding the Platform use on the basis of the Agreement.
4. Legal Grounds for Personal Data Processing
4.1 The Company shall process the personal data in the following cases:
5. Nature of the Information on the Users
5.1 The Information processed by the Company shall include:
5.1.1 Credentials that shall be understood as:
The credentials received by the Company within the scope required and sufficient for their including in the personal data in accordance with the current legislation of the Russian Federation shall be processed by the Company as the personal data upon the terms and conditions of this Policy.
The Company shall process the above data in order to perform the Agreement with the User, in particular, to provide access to the Platform, to control and to administer the Platform, to confirm that the Platform account belongs to the Applicant who has made a request to restore access to the account.
5.1.2 Other data required for the Platform functioning, i.e.:
The Company shall process the above data in order to perform the Agreement with the User, in particular, to provide access to the Platform, to control and to administer the Platform, to improve the operation of and to customize the Platform.
5.2 Special categories of personal data relating to health, political opinions, religious or philosophical views and private life shall not be subject to processing.
5.3 The Company does not intend to process biometric data (in particular, does not use an image to identify the users) and special categories of data and does not process it.
5.4 By posting any information on himself/herself, the User understands that it may be available to an indefinite number of Internet users, subject to the desired level of settings.
6. Principles, Terms and Conditions and Procedure for Personal Data Processing by the Company
6.1 The Company shall gather, record, systematize, accumulate, store, update (correct, modify), extract, use, transfer (disclose, provide access), depersonalize, block, delete and destroy personal data.
6.2 The personal data storage periods shall be determined as follows.
6.2.1 The User’s credentials and other data shall be processed and stored on the territory of the Russian Federation, at that, they shall be stored on electronic media and processed with the use of automated systems only, except when the manual processing of credentials and other data is required in order to meet the legal requirements.
A cross-border transfer may be required to fulfill our contractual and legal obligations. Cross-border transfer of personal data shall be carried out on the territory of foreign states that are parties to the Council of Europe Convention for the Protection of Individuals Rights with regard to Automatic Processing of Personal Data as well as other foreign states that provide adequate protection of rights of personal data subjects in accordance with Federal Law On Personal Data No. 152-FZ dated July 27, 2006. If this is done, the transfer will be protected by the contract that controls the delegation of processing in accordance with a standard that is at least equal to all requirements of the legislation of the Russian Federation, unless otherwise permitted by the legislation of the Russian Federation. The purposes of any cross-border data transfer shall be to ensure the functionality of the Platform that is declared to the User in order to facilitate the provision of this functionality or may include the need to comply with any applicable law when the relevant law permits the data transfer. Any data transferred to any third parties, regardless of whether it is related to the cross-border transfer, will be minimized and depersonalized, as far as this is expedient for protecting individuals and their personal data.
6.2.2 The credentials and other data shall be stored by the Company until the purposes of their processing are achieved, i.e., during the term of the Agreement with the User.
In case the account is deleted, the Company shall store on its electronic media the necessary credentials and other data of the User for the period required and established by the current legislation of the Russian Federation. In case the User deletes his/her personal page independently, he/she shall have the right to restore his/her personal page within 30 days from the time of its deletion.
6.3 We process personal data in a lawful and fair manner.
6.3 We warrant the accuracy, sufficiency and relevance of all personal data that is processed in accordance with all disclosed purposes of data processing.
6.3 The Company shall not disclose or disseminate the personal data to any third parties without the consent of the personal data subject, except as provided for by this Policy.
6.3 The Company shall not make any decisions that create legal implications in relation to the personal data subject or otherwise affect his/her rights and lawful interests, on the basis of automated personal data processing only.
6.3 The Company shall process the personal data manually and using computer equipment. We comply with the requirements for automated and non-automated personal data processing that are established by Federal Law On Personal Data No. 152-FZ dated July 27, 2006 and regulatory legal acts adopted in accordance therewith.
6.3 Termination of Processing of Credentials and Other Data.
Upon achieving the purposes of processing the credentials and other data, the Company shall stop processing the credentials and other data in one of the ways provided for by Federal Law On Personal Data No. 152-FZ dated July 27, 2006. Notwithstanding the foregoing, we may store your Information in a summarized and depersonalized format after you have stopped using the Platform.
6.9 Transfer to Third Parties.
6.9.1 We shall transfer your personal data and other Information to the following third parties:
We will transfer your Information to any member, subsidiary, parent or affiliate of our group of companies for the purposes set out above only.
We will transfer your Information to law enforcement authorities, public authorities or other entities if this is required by law or if such transfer is necessary in order to:
7.1 Cookies are small pieces of data that websites request from the browser used on the User’s computer or mobile device. Cookies are stored locally on the User’s computer or mobile device. Cookies contain the information that enables to determine the User’s preferences, the information on the equipment used, the date and time of the session, etc.
7.2 The Company shall gather and process Cookies in relation to the Users visiting the Platform. Cookies shall be processed by the Company solely for the purpose specified in clause 3 of this Policy, upon the terms and conditions and in the manner determined by this Policy.
7.3 We use the following Cookies:
7.4 Cookies received by the Company may be processed by Yandex.Metrika web analytics services.
7.5 The User may refuse to have Cookies processed by the services specified in clause 7.4 of this Policy when logging in the Platform. In this case, the Company will use those Cookies that are specified in clause 7.3 of the Policy only.
8. Users’ Rights and Obligations
8.1 The Users shall have the right to:
8.1.1 Provide free gratuitous access to the information on themselves by logging in the User’s account.
8.1.2 Independently modify and correct information on themselves in their account, provided that such modifications and corrections contain up-to-date and reliable information.
8.1.3 Remove information on themselves from their account.
8.1.4 Request that the Company clarifies their credentials, blocks or destroys them if such data is incomplete, outdated, unreliable, unlawfully obtained or is not required for the stated purpose of processing and if it is impossible to take the above actions independently.
8.1.5 Upon request, receive the information on the processing of their credentials from the Company.
8.1.6 Change the settings of the User’s mobile device by disabling the option for processing the User’s location data.
8.1.7 Change the settings of the User’s mobile device by disabling the option for processing the User’s contacts in the phone book of the mobile device.
8.2.8 As the Platform is a universal means of communication and people search and the core function of the Platform is to restore contacts and to keep in touch with the existing and new acquaintances, the following information on the authorized User shall be available to Internet users:
8.3 The User shall independently determine the terms and conditions and provide access to his/her personal data to the general public, including by signing up and using the standard functionality of the Platform. The Company shall not initiate or influence such choice of the User and shall not aim at obtaining the User’s permission to disseminate his/her personal data. The Company shall process the personal data made by the User available to the general public on the basis of and in accordance with the terms and conditions of the Agreement.
8.4 The Company shall not be liable for the disclosure of the User’s credentials by other Platform Users who have gained access to such data.
8.5 When the credentials (or other user information) are deleted from the User’s account or the account is deleted from the Platform, any information on the User copied by other Users or stored on other Users’ pages shall be saved.
9. Personal Data Confidentiality
9.1 The Company has information security and confidential information management systems that help ensure the security and the confidentiality of the personal data.
9.2 Access to the personal data shall be provided to those persons only who need it to perform their duties.
9.3 The employees are trained in methods and ways of the secure personal data processing.
9.4 The rights, duties and liability of the employees who process the personal data are set out in their employment contracts and/or job descriptions.
10. Updating, Modifying, Deleting and Destroying Personal Data
10.1 Except as provided by law, the Company shall stop to process the personal data in the following cases:
10.2 If the purpose of the personal data processing is achieved, the Company shall stop to process the personal data and destroy it within thirty (30) days from the date of achieving the purpose of the personal data processing, except when the law requires to process the personal data for a longer period.
10.3 If the personal data subject revokes his/her consent to the processing of his/her personal data, we shall stop processing it within thirty (30) days from the date the revocation is received, except when the law requires to process the personal data for a longer period.
10.4 The Company shall inform the personal data subject or his/her representative on the availability of the personal data related to the subject. At the request of the personal data subject or his/her representative, the Company shall provide him/her with that personal data within thirty (30) days from the date the request is received.
11. Responses to Subjects Requests for Access to Personal Data
11.1 At the request of the personal data subject or his/her representative, the Company shall provide a response whether the personal data related to the relevant personal data subject is available and grant the opportunity to examine that personal data within thirty (30) days from the date the request is received.
11.2 At the request of the personal data subject or his/her representative as well as at the request of the Federal Service for Supervision of Communications, Information Technology, and Mass Media, the Company shall block any unlawful processing of personal data immediately after the request for the investigation period and on an ongoing basis thereafter, if required.
11.3 The Company shall correct, clarify and modify any inaccurate personal data within seven (7) business days after the personal data subject or his/her representative contacts the Federal Service for Supervision of Communications, Information Technology, and Mass Media and provides the necessary documents.
11.4 If any unlawful personal data processing is identified, we will stop the unlawful processing of personal data within three (3) business days.
11.5 Unless otherwise permitted by law, the Company shall inform the personal data subject or his/her representative on any processing of the personal data relating to the personal data subject and, if required, provide a copy of such data within thirty (30) days from the date the request is received.
12. Steps to Ensure the Fulfillment of Obligations of the Personal Data Controller Established by Articles 18.1, 19 of Federal Law On Personal Data No. 152-FZ dated June 27, 2006.
12.1 The Company obtains the personal data directly from the data subjects and their legal representatives. At that, the Company warrants the compliance with the requirements of Federal Law On Personal Data No. 152-FZ dated June 27, 2006.
12.2 In accordance with Federal Law On Personal Data No. 152-FZ dated July 27, 2006 and other enactments based thereon, the Company has taken the following steps:
12.3 To authorize access to the Platform, the User’s login (e-mail address or mobile phone number) and password shall be used. The User shall be liable for the integrity of that information. The User may not transfer his/her own login and password to any third parties and shall take steps to ensure their confidentiality.
12.4 In order to ensure more reliable protection of the information on the Users, the Company shall use a system for linking the page to the mobile phone. To implement that system, the User must provide the Company with his/her mobile phone number. As part of the system for linking the page to the mobile phone, if the User loses his/her login or password, he/she can restore access to the page using a recovery code contained in the SMS message that the User receives on his/her mobile phone.
13. Limitation of Company’s Liability
13.1 The Company shall not be liable for actions of any third parties which use of the Internet or the Platform has resulted in obtaining access to the information on the User in accordance with the privacy level chosen by the User and for any consequences of using any information that is available to any Internet user due to the Platform nature. The Company recommends that the Users take a responsible approach to deciding on the scope of information on themselves that is posted on the Platform.
14. User Requests
14.1 The data on the Information, including the User’s personal data, that is processed by the Company in connection with his/her use of the Platform shall be provided to the User or his/her representative upon request.
14.2 Requests shall be sent in writing to the address of the Company location or in any other form provided for by the current legislation of the Russian Federation.
14.3 The User may revoke his/her consent to the processing of his/her personal data by sending a written request to the Company at its location in accordance with the requirements of the current legislation.