USER AGREEMENT
This Agreement is concluded between the Limited Liability Company "Carpi" (OGRN 1227700005961) (hereinafter referred to as the Owner) and any person who, after accepting the terms of this agreement, becomes a user of the website located on the Internet at: http://carpiworld.ru / (hereinafter referred to as the Site), hereinafter referred to as the "User", together in the text of the Agreement referred to as "Sides", and separately – "Side".
In accordance with Article 435 of the Civil Code of the Russian Federation, this User Agreement is recognized as an offer.
In accordance with Article 438 of the Civil Code of the Russian Federation, the fact of registration on the Website is considered an unconditional acceptance (acceptance) of the terms of this Agreement.
This Agreement, concluded by accepting this offer, does not require a bilateral signature and is valid in electronic form.
- Terms and definitions used in the Agreement
In the Agreement, unless otherwise explicitly follows from the text of the Agreement, the following words and expressions will have the following meanings:
1.1. Website – a set of software and hardware for computers that ensure the publication for public viewing of information and data united by a common purpose, by means of technical means used for communication between computers on the Internet. The site is located on the Internet at: http://carpiworld.ru/
1.2. Administrator/The owner of the Site is a Limited liability Company "Carpi" (OGRN 1227700005961).
1.3. All objects posted on the Site, including design elements, text, graphics, illustrations, videos, scripts, programs and other objects and their collections are recognized as the content of the Site. The Site Owner is the owner of the exclusive rights to use the Site, including all the content of the Site.
1.4. User – the user of the Internet, in particular the Site.
- Subject of the Agreement
2.1. The Site Owner has the right to provide the User with services to provide access to the Site services, while a prerequisite for the provision of services by the Site Owner in accordance with this Agreement is acceptance, compliance by the User and application to the relations of the Parties of the requirements and provisions defined by this Agreement.
2.2. The Website Owner reserves the right to change the terms of this Agreement and all its integral parts without the consent of the User with the notification of the latter by posting on the Website a new version of the Agreement or any of its integral parts that have undergone changes. Taking into account that the newsletter may be recognized by the Parties as spam, the User undertakes to get acquainted with the content of the Agreement posted on the Website at least once a month in order to get acquainted with its changes in a timely manner. The new version of the Agreement and/or any of its integral parts shall enter into force from the moment of publication on the Site, unless another date for the entry into force of the changes is determined by the Site Owner when they are published. The current version of the Agreement and all its annexes is always publicly available on the Website at: http://carpiworld.ru/
- Rights and obligations of the Site Owner
3.1. The Site Owner undertakes:
3.1.1. Ensure the availability of the server on which the Site is located, except for the time of preventive maintenance.
3.2. The Site Owner has the right to:
3.2.1. To interact with the User and provide him with services of interest related to the main activity of the Owner;
3.2.2. In case of violation by the User of the terms of the Agreement, send the User a warning containing a list of violations.
3.2.3. To carry out moderation in cases when the information sent by the User promotes hatred and/or discrimination of people on racial, ethnic, sexual, religious, social grounds; promotes the use of narcotic drugs and other means harmful to health; calls for inhumane treatment of animals; violates the rights of national and other minorities; contains calls for violent actions; violates the rights of authors and other owners of intellectual property rights.
3.2.4. Dispose of statistical information related to the functioning of the Site, as well as User information to ensure targeted display of advertising information to various audiences of Site Users.
3.2.5. Send the User information about the development of the Site and its services; send SMS messages to inform about activation codes, conduct surveys about the quality of the Site, provide and request other information, as well as advertise their own activities and services.
- Rights and obligations of the User
4.1. The User undertakes to:
4.1.1. Fully familiarize yourself with the terms of this Agreement.
4.1.2. Comply with all the terms of this Agreement.
4.1.3. Not to transfer information about other Users obtained through the Site to third parties.
4.1.4. Do not upload, store, publish, distribute any information that:
– contains threats, discredits, insults, defames the honor and dignity or business reputation or violates the privacy of other Users or third parties;
– violates the rights of minors;
– is vulgar or obscene, contains obscene language, contains pornographic images and texts or scenes of a sexual nature involving minors;
– contains scenes of violence or inhumane treatment of animals;
– contains a description of the means and methods of suicide, any incitement to commit it;
– promotes and/or promotes incitement to racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;
– contains extremist materials;
– promotes criminal activity or contains tips, instructions or guidelines for committing criminal acts;
– contains restricted access information, including, but not limited to, state and commercial secrets, information about the private life of third parties;
– contains advertising or describes the attractiveness of alcohol and/or narcotic substances, including "digital drugs" (sound files that affect the human brain due to binaural rhythms), information about the distribution of drugs, recipes for their manufacture and tips on use;
– is fraudulent in nature;
– and also violates other rights and interests of citizens and legal entities or the requirements of the legislation of the Russian Federation.
4.1.5. Not to use the software and not to carry out actions aimed at disrupting the normal functioning of the Site and its services, not to download, store, publish, distribute or provide access or otherwise use viruses, Trojans and other malicious programs.
4.2. The User is prohibited from:
4.2.1. To carry out illegal collection and processing of personal data of other Users.
4.3. The User has the right to:
4.3.1. Constantly get access to the server on which the Site is located, except for the time of preventive maintenance.
4.3.2. Regularly use the services of the Site.
4.3.3. Contact the support service for technical issues related to the functioning of the Site.
4.4. The User agrees that by accessing the Site and using its content, he/she:
4.4.1. Expresses its unconditional agreement with all the terms of this Agreement and undertakes to comply with them or stop using the Site.
4.4.2. Receives a personal non-exclusive and non-transferable right to use the Site content on one computer, provided that neither the User himself nor any other persons with the assistance of the User will copy or modify the software; create programs derived from the software; penetrate the software in order to obtain program codes; sell, assign, leasing, transfer to third parties in any other form of rights in relation to the software services provided by the Site.
4.4.3. In order to implement this Agreement, Users give the Site Owner permission to use, store, process and distribute personal data in the manner and to the extent necessary to fulfill the terms of this Agreement. The procedure for the use, storage, processing and dissemination of Users' personal data is posted on the Website at: http://carpiworld.ru/
The User agrees to the transfer of personal and other data to third parties, including for the purposes of their processing, to ensure the functioning of the Site, the implementation of partner and other programs, provided that the transferred data is subject to a regime similar to the regime existing on the Site, including, but not limited to, the transfer of personal data to persons, related to business relations with the Owner or concluded contracts with him, as well as to third parties in the following cases, when such a transfer is necessary for the User to use a certain service or to fulfill a certain agreement or contract with the User. The processing of personal data is carried out in accordance with the privacy policy of the Limited Liability Company "Carpi" (OGRN 1227700005961).
- Responsibility of the Parties
5.1. The Site Owner is not responsible for losses caused to the User as a result of disclosure of the User's Account Information to third parties, which occurred through no fault of the Site Owner. The User is solely responsible for all actions performed by him on the Site.
5.2. The Website Owner does not guarantee that the Website software does not contain errors and/or computer viruses or extraneous code fragments. The Website Owner provides the User with the opportunity to use the Website software "as it is", without any guarantees on the part of the Website Owner.
5.3. The Site Owner is not responsible for losses caused to the User as a result of false information reported by another User, as well as caused by the actions (inaction) of another User.
5.4. The Site Owner makes every possible effort to ensure the normal functioning of the Site, but is not responsible for non-fulfillment or improper fulfillment of obligations under the Agreement, as well as possible losses arising, including, but not limited to, as a result of:
– illegal actions of Users aimed at violating information security or the normal functioning of the Site;
– Site failures caused by errors in the code, computer viruses and other extraneous code fragments in the Site software;
– absence (inability to establish, terminate, etc.) of Internet connections between the User's server and the Site server;
– carrying out activities by state and municipal bodies, as well as other organizations within the framework of the System of operational investigative measures;
– the establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or the establishment by these entities of one-time restrictions that make it difficult or impossible to fulfill the Agreement;
– других случаев, связанных с действиями (бездействием) Пользователей и/или других субъектов, направленными на ухудшение общей ситуации с использованием сети Интернет и/или компьютерного оборудования, существовавшей на момент заключения Соглашения, а также любых других действий, направленных на Сайт и на третьих лиц;
– performance of the works specified in paragraph 5.5 of this Agreement.
5.5. The Site Owner has the right to perform preventive maintenance in the software and hardware complex of the Site with temporary suspension of the Site operation at night, if possible, and reducing the time of inactivity of the Site as much as possible.
5.6. The Site Owner is not responsible for the User's violation of these Rules and reserves the right, at its sole discretion, to suspend, restrict or terminate the User's access to all or any of the sections or services of the Site at any time for any reason or without explanation, with or without prior notice, without being responsible for any the harm that can be caused by such an action. The Site Owner reserves the right to restrict or terminate the User's access to any of the Site's services if he finds that, in his opinion, the User poses a threat to the Site and (or) its Users.
5.7. Neither Party shall be liable for the full or partial non-fulfillment of any of its obligations if the non-fulfillment is the result of circumstances such as flood, fire, earthquake, other natural disasters, war or military actions and other force majeure circumstances that arose after the conclusion of the Agreement and do not depend on the will of the Parties.
- Procedure for dispute resolution and claims settlement
6.1. In case of disputes between the User and the Site Owner on issues related to the execution of the Agreement, the Parties will take all measures to resolve them through negotiations among themselves. The claim procedure for dispute resolution is mandatory. Claims of Users on the Services provided are accepted and considered by the Site Owner only in writing and in accordance with the procedure provided for by this Agreement and the current legislation of the Russian Federation.
6.2. To resolve disputes that have arisen between the User and the Site Owner as a result of using the services, the following claim procedure is applied. A user who believes that his rights have been violated due to the actions of the Site Owner, sends the latter a claim containing the essence of the claim, the justification for its presentation, as well as all User data. The claim is also sent to the Site Owner in writing by mail or fax;
– within 5 (five) working days from the date of receipt of the claim, the Site Owner is obliged to state his position on the fundamental issues indicated in it and send his response to the e-mail address or postal address specified in the User's claim;
– in case of failure to resolve the dispute through the claim procedure, the dispute is subject to consideration in accordance with paragraph 6.4 of the Agreement;
– The Site Owner does not consider anonymous claims or claims that do not allow identifying the User based on the data provided by him during registration, or claims that do not contain the data specified in this paragraph of this Agreement.
6.3. In order to resolve technical issues when determining the User's guilt as a result of his illegal actions when using the Internet and the Site, in particular, the Site Owner has the right to independently involve competent organizations as experts. If the User is found guilty, the latter is obliged to reimburse the costs of the examination.
6.4. If no agreement is reached between the Parties through negotiations, the dispute arising from this Agreement is subject to consideration in a court of general jurisdiction at the location of the Site Owner.
- Other conditions
7.1. This Agreement comes into force from the moment of acceptance of this offer by the User and is concluded for an indefinite period.
7.2. This Agreement is an offer and by virtue of the current civil legislation of the Russian Federation, the Site Owner has the right to withdraw the offer in accordance with Article 436 of the Civil Code of the Russian Federation. In case of revocation of this Agreement by the Site Owner, this agreement is considered terminated from the moment of revocation. The review is carried out by posting relevant information on the Website.
7.3. The provisions of this Agreement are established, changed and canceled by the Site Owner unilaterally without prior notice. From the moment the new version of the Agreement is posted on the Website, the previous version is considered invalid. In the event of a significant change in the provisions of this Agreement, the Site Owner notifies Users about this by posting a corresponding message on the Site.
7.4. If the User does not agree with the terms of this Agreement, then he must exclude the possibility of his use of the Site's services.
7.5. Issues not regulated by this Agreement are subject to resolution in accordance with the legislation of the Russian Federation.