This User Agreement (hereinafter referred to as the Agreement) establishes the terms and conditions of use of http://advert-technology.ru (hereinafter referred to as the Website) by natural persons, who are authorized representatives of the legal entities (users of the Internet), who, after registering on the Website with or without doing it, while using the Website and its services, become the Users of the Website (hereinafter referred to as the User) and Advert-technology services in providing music and information service by the Website administrator that is a limited liability company of "Sales Support Service" (hereinafter referred to as the Administrator).
The use of the Website indicates the consent of the User to the clauses of this Agreement and acceptance of its terms. The fact of the use of the Website by the User, as well as the registration of the User (authorization by entering the login and password), is a complete and unconditional acceptance of this Agreement, the ignorance of which does not relieve the User from responsibility for nonobservance of the conditions of the Agreement.
The Administrator reserves the right to change and (or) supplement the Agreement at his own discretion any time without prior notice, and (or) further notice of the User. The Administrator will publish the amendments to the Agreement on the Website at http://advert-technology.ru/agreement.htm. Acceptance of the User to use the Website after any changes of the Agreement will mean his consent to such changes and / or additions. The User agrees to view regularly the content of this Agreement, in order to get acquainted with its changes timely. If you do not agree to adhere to this Agreement, do not use the Website, and if you are the registered User, leave the Website.
1. Intellectual Property
1.1. All results of intellectual activities used and displayed on the Website, as well as the Website itself are the intellectual property of their respective owners and are protected by the intellectual property legislation of Russia, as well as the relevant international legal conventions. Any use of the results of intellectual activities (including elements of the Website design, symbols, texts, graphics, illustrations, photos, videos, software, music, and other facilities) located on the Website is illegal without getting the permission of the Administrator or the legal copyright holder, and can cause trial proceedings and bring the perpetrators to civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.
1.2. No result of intellectual activity, placed on the Website, may be copied (reproduced), remade, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise used as a whole or partly, without the prior permission of the Administrator of the Website or the legal copyright holder, unless the copyright holder explicitly consented to the free use of the material by any person, or except the cases stated by the Agreement, as well as the current Russian legislation.
1.3. Access to the results of intellectual activity on the Website is provided by the Administrator only for personal, noncommercial use by the Users in order to get acquainted with (see) them on the Website without the ability to download / play / copy the mentioned results of intellectual activity in the memory of Users' computers with the exception of temporary copying of the result of intellectual activity in the system memory of User’s computer, which is an integral and essential part of the technological process (the so-called transit saving of the data into the buffer), required to demonstrate the results of intellectual activity on the Website in real time.
1.4. Any use of the Website or the results of intellectual activities located on it, except the cases permitted by the Agreement or in the case of the explicit consent of the author (copyright owner) to such use, is strictly prohibited without the prior written permission.
1.5. The Administrator reserves the right to delete from the Website any results of intellectual activities, placed on it, any time without notice of the User.
2. Rights and Duties of the Administrator
2.1. Duties of the Administrator solely consist of ensuring the provision of technical opportunities for the User to have access to the content control system, placed on the Website in compliance with this Agreement.
2.2. The Administrator reserves the right at his own discretion to modify or delete any information placed on the Website, suspend, restrict or terminate the User's access to all or any part of the Website or its services any time due to violation of the law or by the User Agreement, with advance notice or not, without being responsible for any harm that may be caused to the User by such an action.
2.3. The Administrator may impose any restrictions on the use of the Website, and modify this Agreement any time unilaterally without obtaining the consent of the User.
2.4. The Administrator has the right to send Website Users messages containing logistical or other information about the Website facilities.
2.5. The Administrator may allow the User to create a single personal account.
2.6. The Administrator may place advertising and / or other information in any section of the Website without the consent of the User.
2.7. The Administrator shall not implement the following actions:
2.7.1. Publish on the Website the addresses, phone numbers, e-mail addresses and other information of the Users or any third parties without their consent to such actions;
2.7.2. Place any files that contain or may contain viruses or other harmful programs;
2.7.3. Describe or promote criminal activity, place instructions or guidelines for the commission of criminal actions;
2.7.4. Place on the Website any content that violates the exclusive rights of the Users or third parties on the objects or results of intellectual property.
3. Rights and Obligations of the User
3.1. The User agrees to use the Website only for legitimate purposes, to observe the legislation of the Russian Federation and the rights and legitimate interests of third parties.
3.2. The User is obliged to refrain from the actions, aimed at destabilizing the work of the Website, the implementation of unauthorized access to it, the results of intellectual activities, placed on it, and from taking any other actions which may be regarded as a network attack.
3.3. The Website User agrees not to place on the Website and not to direct through / by means of the Website materials of advertising any goods or services, without getting the prior written consent of the Website Administrator.
3.4. The User shall not reproduce, repeat, copy, sell, resell, or use in any way for any commercial purposes any parts of the Website content without the written consent of the Administrator.
3.5. The User has the right to discontinue using the Website and refuse the account, set up for him, which he is obliged to inform the Website Administrator about.
3.6. While logging (creating the account) the User must provide accurate, current and complete information about himself.
3.7. The User is obliged to take appropriate security measures to safeguard the User's account (including e-mail address) and password.
3.8. The User is required to update periodically the Registration data and other information that he has provided during the Registration to ensure its accuracy, timeliness and completeness;
3.9. The User is solely responsible for any actions, performed by him while using his account, as well as for any consequences that could result or were caused by such use.
3.10. The User is required to use the Information gained in the Service solely for lawful and non-commercial personal purposes not inconsistent with universally recognized moral principles and values;
3.11. The User agrees not to attempt to disable or otherwise interfere with any security equipment of the Website or intellectual property, placed on it, that prevent or restrict the use or copying of any information or intellectual property, located on the Website.
3.12. The User agrees not to attempt to change or modify any section of the Website (including the player, where the content is played), and not to use the Website, the results of intellectual activities, placed on it for commercial purposes;
3.13. The User shall comply with all the rest of regulations of this Agreement permanently while using the Website.
4. Liability. Liability Limitation.
4.1. Access to the Website is provided "in the form which it exists in ", and the Administrator gives neither warranty nor assurance in its respect.
4.2. The User understands and agrees that the Administrator can delete or move (without notice) any results of intellectual activity on the Website, in his sole discretion, for any reason or no reason, including the movement or deletion of intellectual property without any limitations.
4.3. The User understands and agrees that the Administrator is not responsible for any content placed on the Website by the User, including, but not being limited by, the following: texts and commentaries, audio commercials, as well as any other information.
4.4. The Administrator shall not be liable for any errors, omissions, interruptions, deletion, defects, delay in operation or transmission, communications lines failure, theft or destruction or unauthorized access by third parties to the intellectual activity results posted on the Website. The Administrator is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or phone equipment, software, failure of e-mail services, or scripts for technical reasons. Also, the Administrator is not responsible for compliance with the Website Users' expectations, error-free and uninterrupted work of the Website, termination of User's access to the Website and the results of intellectual activity on the Website, the preservation of the username and password for access to certain Website Services, losses caused by the reasons related to technical failures of hardware or software.
4.5. The Administrator shall not use the User’s data received during the registration for any personal gain and ensures confidentiality of the data. It is not considered to be the breach of conditions, if the disclosure of information about the Website Users is done on the demand of state supervisory bodies, law-enforcement authorities, in cases when the disclosure of such information is the responsibility of the Website Administrator in pursuance of the legislation of the Russian Federation.
4.6. The User is fully responsible for the security of his login and password, and for any losses that may arise as the result of their loss or unauthorized use of his account. The User is advised to change his password regularly. The Website is not responsible for and does not cover the damages caused by unauthorized use of login and password of User’s account by third parties. All actions committed by a visitor, who has logged in with username and password, are treated as User’s activities. The User is fully responsible for all acts performed by an authorized person on his behalf.
4.7. The Administrator shall not be liable for any damage to the computer of the User or any other person, mobile devices, any other hardware or software, which was caused by or connected with the use of the Website.
4.8. Under no circumstances the Administrator shall be liable to the User or any third party for any direct, indirect, unintentional damage, including lost profits or lost data, damage to the honor, dignity or business reputation, caused by the use of the Website or the results of intellectual activity, placed on the Website.
4.9. The Administrator shall not be liable to the User or any third party for:
- activities of the User on the Website;
- content and legality, reliability of the information uploaded by the User on the Website;
- quality of goods / works / services sold by the User, after downloading the advertisements (audio commercials, etc.) placed on the Website, and their possible inconsistency with generally accepted standards or User's expectations;
- accuracy of advertising information uploaded by the User on the Website, and the quality of advertised goods/ works / services;
- consequences of the use of the information uploaded by the User on the Website.
4.10. In the case of asserting claims by third-parties against the Administrator, which are connected with the using of the Website by the User, the User agrees to settle these claims with third parties on his own and at his own expense, enclosing the Administrator of the possible losses and judicial proceedings.
4.11. The Website may contain links to other resources on the Internet. The User acknowledges and agrees that the Administrator does not control and is not responsible for the availability of these resources and for their contents, as well as for any consequences connected with the use of these resources. The User clicks on any links at his own risk.
5. Final Provisions
5.1. This Agreement shall be adjusted and construed in accordance with the legislation of the Russian Federation. The aspects, which have not been regulated by the Agreement, shall be settled in accordance with the laws of the Russian Federation.
5.2. If some terms of this Agreement are invalid or void for any reasons, they do not affect the validity or applicability of the rest of conditions of the Agreement.
5.3. This Agreement is concluded for an indefinite period and extends its effect on the Users, who had access to the Website and used it till the publication date of this Agreement.
5.4. This Agreement is a public offer in accordance with Art. 435 of the Civil Code of the Russian Federation. Assent of the User to the terms of this Agreement (acceptance) is the actual use of the Website, its services and the results of intellectual property placed on it.
5.5. This Agreement and the relationships between the Administrator and the User are regulated in accordance with the laws of the Russian Federation. Parties of the Agreement undertake to submit to the exclusive jurisdiction of the courts of the Russian Federation in case of controversial points of a legal nature related to this Agreement or the Website.