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«КМ онлайн»

Limited Liability Company

127254, Moscow, Rustaveli street 14, building 6, office 17
TIN / Tax Registration Reason Code 7715796827 / 771501001

LLC " KM ONLINE" с 19.02.2019

Address:

1127254, Moscow, Rustaveli street 14, building 6, floor 4, room 161, office 17.

Email addresses:

[email protected]

[email protected]

Actual address:

127254, Moscow, Rustaveli street 14, building 6, floor 4, room 161, office 17

TIN: 7715796827 Tax Registration Reason Code: 771501001

PSRN: 1107746091640 from 19.03.2010

Acc.: 40702810700000000810

Corr. acc.: 30101810145250000709

Bank: Bank «AGORA» LLC

Moscow

BIC: 044525709

User Agreement

«In the circle of friends»

SUBJECT OF THE REGISTRATION AGREEMENT

This User Agreement (hereinafter referred to as the "Agreement") regulates the use of the WEB-site on the Internet (hereinafter referred to as the "Site") with the address https://vkrugudrusey.ru (hereinafter referred to as "Site") between the Administration of the site (hereinafter referred to as «Administration») and an individual who has reached the age of majority (hereinafter referred to as "User"), duly registered in accordance with Section 2 of this Agreement.

The Agreement shall enter into force from the moment the User expresses consent to its terms by registering on the site.

1.  Basic terms and definitions

Site Administration (Administration)- Limited liability company «KM online» (TIN 7715796827, PSRN 1107746091640), created and acting in accordance with the legislation of the Russian Federation.

Account of the User (Account) - a User account created at the time of registration on the Site, allowing the Administration to identify (authorize) each User by means of a unique login and password. Login and password for access to the Account are defined by the User at the time of registration.

Content - elements of design, illustration, graphic images, scripts, computer programs (including games and applications), videos, music, sounds and other objects, whether or not the result of intellectual activity, the rights to which belong to the Administration, Users, Administration Partners or others.

Partner of the Administration - natural person (individual entrepreneur) or legal entity, which are developers or operators of the project, games and/or applications (Partner Administration Service).

Personal page of the Account (Profile) - a section of the Site containing a part of the information placed in the User’s Account (including User’s photos, information about friends, status, groups, communities, User’s applications, etc.), accessible to other Users. The Profile is used to exchange Personal Messages, add Users to Friends and perform other activities.

User of the Site (User) - A natural person who accesses the Site via the Internet and has acceded to the Agreement in due course.

Registration agreement - an agreement defining the terms and conditions of use of the Site, regulating the relations arising between the Administration and the User. In accordance with article 437 of the Civil Code of the Russian Federation (hereinafter also - the Civil Code of the Russian Federation), the Agreement is a public offer addressed to the User by the Administration of the Site.

Site - a set of web-pages hosted on the Internet, united by a single theme, design and unified address space of the domain vkrugudrusey.ru (and/or other domains that can be used by the Administration from time to time). The home page of the Site, through which all other web pages of the Site can be accessed, is available on the Internet at http://vkrugudrusey.ru (or other address about which the Administration can report).

Service - project, game and/or application of the Administration (Service Administration) or Partner Administration (Service Partner Administration), placed on the Site or Internet site of the Partner Administration.

2. General provisions

2.1.  The Agreement regulates the relations between the Administration of the Site and the User (hereinafter with joint mention of the named Parties and separately the Party) arising during the use of the Site, the Administration Service (in special cases also the Service of the Partner Administration) and when rendering services to the User.

2.2.  The relations of the Parties may be additionally regulated by separate documents and agreements regulating the use of the corresponding Service of the Administration and/or the provision of services to the User. The application of such supplementary instruments and agreements shall not revoke the validity of this Agreement.

2.3.  The relations between the User and the Partner Administration arising in the process of the User’s use of the Partner Service of the Administration shall be settled by a separate agreement concluded between the User and the Partner Administration.

2.4.  The current version of the Agreement is available on the Internet at  HYPERLINK "https://vkrugudrusey.ru/ru/useragreement" https://vkrugudrusey.ru/ru/useragreement.

3. Rules for using the site

3.1.  Use of the Site is possible only if the User agrees to the terms of the Registration Agreement and joins it in the manner stipulated by the Agreement. To use the main functionality of the Site, the User creates an Account.

3.2.  During registration, the User specifies the information about himself, his login and chooses the password to access the Site. The User is responsible for the security of his login and password, as well as for all that will be done on the Site under the login and password of the User. The User undertakes to notify the Administration immediately of any unauthorized (not allowed by User) access with the User’s login and password and/or any security violation. The Administration is not responsible for any loss or damage that may occur due to the User’s violation of this part of the Agreement. The Administration guarantees the confidentiality of the information provided by the User when completing the registration form.

3.3.  Due to the fact that the Administration is not the operator of personal data, the User has the right to indicate himself under any name. All personal data of the User indicated by him at the time of registration, the User places at his own risk. All specified data reflected in the Account and User Profile are processed by the Administration for execution of the Agreement.

3.4.  By joining the Agreement and placing the data in the Account, the User expresses his consent to the processing of personal data by the Administration, to the reflection of personal data in the User Profile, and that the personal data reflected in the Profile will be considered public.

3.5.  The purpose of processing the User’s personal data is to provide the Administration with services, provide the opportunity to use the Services, conduct advertising companies, provide targeted advertising and Services, Conducting statistical research and analysis of the statistics obtained and other activities described in the Regulations and relevant sections of the Site.

3.6.   The processing of the User’s personal data shall be carried out in the period from the moment of registration of the User’s Account until the moment of its deletion.

3.7.  The User agrees that the Administration in the process of processing personal data has the right to perform the following actions with personal data: collection, systematization, accumulation, storage, destruction and other necessary in order to fulfill the Regulations and implement the Services of action.

3.8.  After registration of the Account, the User has the right to fill the Account (and/or Site) with the Content, add photos and other materials in accordance with the provided functionality, join groups and enjoy other rights, provided by the Administration, subject to compliance with the Agreement.

3.9.  The User understands and agrees that the Information placed in the User’s Account is accessible to other Users through the User’s Personal Page (Profile).

3.10.  Login to the Site by the User, who previously registered the Account, is carried out each time by passing the procedure of authorization - entering the login and password of the User, navigating by the hyperlink received by email, as a result of automatic authorization using cookies and other methods.

3.11.  The person authorized on the Site shall be considered the proper owner of the Account of the User, access to the use and management of which was obtained by such authorization.

3.12.  When the User has access to the Site, cookies may be used for the purposes of automatic authorization of the User on the Site, as well as for the collection of statistical data, in particular on the attendance of the Site.

3.13.  The user has the right to restrict or prohibit the use of cookies by applying appropriate browser settings.

3.14.  In case of impossibility of authorization due to loss of password, Profile blocking, and for other reasons, User has the right to contact the support service of the Site Administration. The ways of restoration of access to the Account, authorization of the User can be changed, canceled or supplemented by the Administration unilaterally.

3.15.  The Administration operates the Site 24 hours a day, 7 days a week, but does not guarantee that there will be no interruptions due to technical malfunctions or maintenance work. The Administration does not guarantee that the Site or any Services will operate at any particular time in the future or that they will not be terminated.

3.16.  The Site and Services, including all scripts, applications, content and design of the Site are provided «as is». The Administration does not provide any assurance that the Site or Services may be suitable or inappropriate for specific purposes of use. The Administration cannot guarantee or promise any specific results from the use of the Site and/or the Services. The Administration does not guarantee the compliance of the Content located on the Site, including other Users, with the User’s individual views on morality and ethics.

3.17.  When using the Site, the User is obliged to take precautions with regard to the Content, especially Content posted by Users, other materials and information; when navigating through hyperlinks placed on the Site; when using any files, including software, in order to avoid negative impact on the User’s computer of malicious software, unfair access to the Account, collection of password and other negative consequences for the User.

3.18.  The User, by placing on the Site the Content, shall provide to the Administration of the Site and/or to the Partners of the Administration and/or to other Users free of charge, non-exclusive license right to use this Content for the entire period of the exclusive right to the relevant Content worldwide by any means necessary within the framework of the relevant Services, including paid, including, but not limited to public disclosure, viewing, reproduction, translation and reprocessing.

3.19.  The User’s use of the Content posted on the Site by the Administration, the Partners of the Administration, other Users is permitted within the Site’s functionality subject to any permissions and restrictions that may be established by the copyright holder, provided that the authorship (copyrights) or other notices of authorship are preserved, and the author’s name is kept unchanged.

3.20.  The User may not upload or otherwise communicate to the public (to publish on the Site) the Content and other results of intellectual activity of Users, Administration, Partners of Administration and other personsrights holders, in the absence of express consent of the right holder and/or the necessary scope of rights to do so.

3.21.  The procedure for rendering services to the User, their cost, the procedure for acquiring, the use of Services of the Administration and/or Partners of the Administration shall be described on the relevant sections of the Site and/or Service.

4.  Rights and obligations of the Administration

4.1.  The Administration has the necessary rights to the Administration’s Content (including with respect to the Site’s computer applications, databases, information materials, user interface graphics and others)brand name, trademarks (service marks), logos and other distinguishing signs of the Site Administration.

4.2.  The Administration shall carry out the current management of the Site, determine its structure, appearance, authorize or restrict access of Users to the Site, exercise other rights belonging to it.

4.3.  In terms of providing an opportunity for interaction between Users, including allowing Users to independently perform certain actions within the framework of the Site, the Administration is the person who only organized the technical possibility of such interaction, and the related communication, storage and Internet access to information, images and other materials provided by Users shall be effected without modification or influence by the Administration.

4.4.  The Administration decides on the order of placement on the Site of advertising, participation in partner programs, etc.

4.5.  The administration has the right to:

4.5.1.  change at any time the design of the Site, its contents, the list of Services, modify or supplement the used scripts, software, Content of the Administration and other objects used or stored on the Site, any server applications, with or without notification to the User;

4.5.2.  remove without any reason and without warning any Content, including Content, which at the discretion of the Administration violates and/or may violate the legislation of the Russian Federation, the provisions of the Agreement, the rights of other Users or third parties, Harm or endanger their safety;

4.5.3.  delete any information at its discretion (including User’s Private Messages, comments to User’s photos, statuses, other information and other materials)including the User’s posting on the Site in violation of the legislation of the Russian Federation or the provisions of the Agreement;

4.5.4.  suspend, restrict or terminate the User’s access to all or any of the sections of the Site, communities, groups on the Site, Administration Services and/or Administration Partner Services, to delete the communities and groups created by the Users, at any time without explanation, with or without prior notice;

4.5.5.  delete and/or block the Account of the User at its discretion, including in the case of the User’s actions violating the legislation of the Russian Federation or the provisions of the Agreement;

4.5.6.  provide paid services to the User. The cost, procedure and terms of service are described in the relevant sections of the Sites and/or Services of the Administration. The services of the Partners of the Administration shall be provided in accordance with the agreement concluded by the Partner of the Administration and the User;

4.5.7.  send to Users of messages (including email messages, sms-messages, etc.), which are notifications on the introduction of new, or cancellation of old services, approval and publication of a new edition of the Agreement, new Personal Messages, comments to photos and statuses in the User Profile, etc., containing advertising information about the Administration Services and Services of the Partners of the Administration, as well as messages containing advertising of goods or services of third parties.

4.6.  The Administration does not deal with the consideration and resolution of disputes and conflicts arising between the Users, as well as between the User and the Partner Administration when the User uses the Partner Service of the Administration, However, it may, at its discretion, assist in the resolution of conflicts that have arisen. The Administration has the right to suspend, restrict or terminate the User’s access to the Site, in case of receiving from other Users motivated complaints about incorrect behavior of this User on the Site.

4.7.  The Administration has nothing to do with all actions of users that were committed in order to violate the law.

5. Rights and obligations of the User

5.1.  The user has the right to:

 5.1.1.  make Account and Profile settings, change login and password to access the Account;

 5.1.2.  place information about yourself in the Account, add photos, statuses, to evaluate and comment photos and statuses of other Users;

 5.1.3.  search for other Users in the Communities, as well as information known to the User and information posted by the User on the Personal page;

 5.1.4.  create new communities, groups and join existing ones, use the Administration and Administration Partners Services;

 5.1.5.  send and receive Personal Messages, add forum messages and other dedicated pages;

 5.1.6.  consume services provided by the Administration and/or the Partner Administration;

 5.1.7.  carry out other activities, not prohibited by the legislation of the Russian Federation or the Agreement, related to the use of the Site.

5.2.  The User undertakes to:

 5.2.1.  take the necessary measures to protect the privacy of the credentials (login and password) used to access the Account, ensure that the password is not stored in the browser (including when using cookies) if other persons may use the computer;

 5.2.2.  notify the Administration of the Site of all cases of actions against the User which may be considered as offensive, degrading, discrediting, etc.;

 5.2.3.  not to create new communities (school, college, university, military unit, place of work, place of rest) provided that a similar community exists;

 5.2.4.  not to commit the prohibited acts specified in section 6 of the Regulations;

 5.2.5.  periodically review the Rules on the Internet at https://vkrugudrusey.ru/ru/useragreement and to monitor its changes;

 5.2.6.  assume both financial and legal responsibility for all illegal activities committed by him. For example, any illegal content posted by the user or damage caused by fraud;

 5.2.7.  follow all instructions published on the functional pages of this site;

 5.2.8.  not use workarounds or violate the instructions of our website.

6. User is prohibited from:

6.1.  collecting personal data of other Users;

6.2.  using any automated or automated means to collect information on the Site;

6.3.  carrying out propaganda or agitation that incites social, racial, national or religious hatred, enmity and war propaganda;

6.4.  place on the Site or to transmit by means of Personal Messages information of restricted access (confidential information) of third parties, if the User does not have sufficient rights by law or contract to disclose this information;

6.5.  place, reproduce, copy, recycle, distribute, publish on the Site, make public, download, transfer, sell or otherwise use in whole or in part Content Administration, Partners Administration, other users and third parties without their prior permission, except in cases established by the Agreement, the current legislation of the Russian Federation, as well as cases where the copyright holder has expressly expressed his consent to the free use of his own Content by any person. By uploading music, video or other Content to the Site, as well as by posting the Content on the Site in other ways, the User confirms that he has all the necessary rights to do so, including the right to disclose to the public that such accommodation does not or will not violate the rights and legitimate interests of rights holders and third parties, and that all necessary authorizations and consents from relevant rights holders and third parties have been duly and explicitly obtained for this purpose. Content may not be posted on the Site unless the User has the necessary rights and/or consent of the copyright holder. The User agrees that by downloading the Content to the Site, the User will grant access to it to the remaining registered Users by default. Administration is only a means for the User to access and communicate/communicate the Content to the public;

6.6.  place on the Site in the public access (on the forum, in comments and/or statuses) or to transmit by means of Personal Messages text messages, graphic images or other materials, the content of which is offensive to other Users or other persons and may be considered as such, as well as messages, images and other materials that discredit Users or other persons contain threats, calls to violence, The commission of unlawful acts, anti-social and immoral acts, as well as any other acts contrary to the foundations of law and order and morality;

6.7.  place on the Site messages, graphic images or other materials (including not corresponding to the truth), the placement of which causes or may damage the honor, dignity and business reputation of the citizen or business reputation of the organization;

6.8.  place on the Site messages containing obscene words and expressions;

6.9.  post erotic and/or pornographic material on the Site or hypertext links to Internet sites containing such material;

6.10.  post on the Site information that promotes suicide, contains a description of suicide methods and any incitement to commit suicide;

6.11.  place on the Site information related to occult themes and activities (magic, divination, Satanism, spells, conspiracies, sorcery, rituals, astrology, horoscopes, etc.);

6.12.  place on the Site advertisements and other information about narcotic and psychotropic substances, including information on the distribution of drugs, recipes for their manufacture and tips for use;

6.13.  place on the Site information that violates the rights of minors;

6.14.  place on the Site information of fraudulent character;

6.15.  place on the Site personal data, including contact data, other Users or other persons without their prior consent;

6.16.  indicate, at the time of registration of the Account or to enter subsequently knowingly false or fictitious information about oneself, in particular a foreign or assumed name and surname;

6.17.  register more than one Account by the same person;

6.18.  place on the Site in public access without prior consent of the Site Administration, to transmit by means of Personal Messages without prior consent of the User text messages, graphic images and other materials which contain advertising, except in cases, when advertising materials are placed in the groups of the Site with the consent of the Administration;

6.19.  carry out actions aimed at destabilization of functioning of the Site, to carry out attempts of unauthorized access to management of the Site or its closed sections (sections, access to which is allowed only to the Administration)as well as any other similar actions;

6.20.  make unauthorized access to Accounts of other Accounts by collecting or entering a password, as well as to make attempts of such access;

6.21.  use the Site for any commercial purposes without prior permission of the Site Administration, except as provided for in this Agreement;

6.22.  send spam - mass mailing of commercial, political, advertising and other information (including hyperlinks leading to Internet sites with such information and/or Internet sites containing malicious software) in Personal messages, comments, messages in the Users' Personal Pages, etc., if the Recipients have not expressed their consent to this type of information;

6.23.  use the Site for the purposes of search and selection of personnel, placement of resume, search for debtors or other similar purposes;

6.24.  post on the Site other information which, in the opinion of the Administration, is not in accordance with the policy and objectives of the Site;

6.25.  independent registration of referrals by users, as well as financial interaction with invited referrals are prohibited.

7. Guarantees and responsibilities of the Parties

7.1.  The User shall guarantee that the posting or transmission of information, Content, other legally protected results of intellectual activity, their parts or copies, and other materials by him on the Site or by means of Personal Messages does not violate any rights or legitimate interests.

7.2.  The User shall ensure that appropriate measures are taken to ensure the confidentiality of the credentials (login and password) used to authenticate the Site and to prevent other persons from authorizing them.

7.3.  The Administration observes the secrecy of correspondence conducted by Users through Personal Messages.

7.4.  The Administration guarantees the use by the Administration of the email address and mobile phone number specified in the Account of the User for communication of the Administration with the User, sending notifications, messages and sms-messages to the User, as well as for rendering services to the User, use of the Services and other possibilities of the Site with the consent of the User, which may be expressed with the help of the functional capabilities of the Site, unless otherwise provided by the Regulations or current legislation.

7.5.  The Administration, providing the User with the technical possibility of using the Site, does not participate in the formation of the User’s Personal Page content and downloading the Content by the User, does not control the User’s actions, does not carry out automatic censorship of information in open sections of the Site and User’s Personal pages, censorship of Personal messages and is not responsible for actions or omissions of the User, because in the information system of the Site and its software there are no technical solutions that carry out automatic censorship and control of actions of Users.

7.6.  The Administration does not carry out and has no technical possibility to carry out preliminary moderation of information and Content from Users and is not responsible for the Content placed by User.

7.7.  The Administration is not responsible for any interruptions, interruptions or loss of information. The Administration is not responsible for any damage to the User’s computer, mobile devices, or any other equipment or software caused by or related to the use of the Site or sites accessible by hyperlinks located on the Site.

7.8.  The Administration is not responsible for the selection of the password by third parties and any actions performed by them using the User Account.

7.9.  The Administration shall not be liable for any damage, including loss of profit, or damage caused in connection with the use of the Site, Content or other materials, to which the User or other persons have access by means of the Site, even if the Administration has warned or indicated that such damage or harm might be caused.

7.10.  The Administration is not responsible for any damage that may be caused to the User, including loss of data, deletion of the Account, Content or termination of the Service or Site.

7.11.  The Administration is not involved in resolving conflicts between Users or between the User and the Administration Partner. The Administration is not responsible for failure to provide services to the User by the Partner of the Administration, or for failure to obtain the expected results of the User from the use of the Service of the Partner of the Administration.

7.12.  The User is responsible for unlawful actions performed with the use of the User Account, as well as in connection with the placement of the Content with the use of its Account on the Site, User Profile, Personal pages of other Users, forums, comments and other sections of the Site.

7.13.  The User is personally responsible for any Content or other information that he uploads to the Site or otherwise communicates to the public on or through the Site. The User undertakes to independently resolve claims of third parties related to the illegal placement of Content and information.

7.14.  Hyperlinks to any site, product, service, any information of a commercial or non-commercial nature, placed on the Site, forwarded in Personal Messages by Users, placed in forums on Users' Personal Pages etc. do not constitute approval or recommendation of these products(s) by the Administration. The Administration is not responsible for the damage caused to the User as a result of such hyperlinks.

7.15.  The User shall switch to third-party Sites, install programs and consume third-party services at his own risk. The provisions of the Rules shall not apply to the relations between the User and third parties.

7.16.  For violation of the provisions of the Regulations, the User’s access to the Site, individual sections of the Site and/or Services may be restricted, suspended or terminated indefinitely. Access may be restored by written application of the User at the discretion of the Administration.

7.17.  The Account may be deleted without the possibility of subsequent recovery at the discretion of the Administration.

7.18.  The administration is not responsible for all actions committed by the user, which were made to violate the law.

8. Other conditions

8.1.  The Rules shall enter into force upon acceptance by the User (acceptance). Acceptance is expressed by marking in the corresponding field during the registration of the Account of the User, as well as by the User any of the actions on using the Site (for example, authorization, actual consumption of services provided, downloading Content, using the Service, etc.). In the event of disagreement with the terms of the Terms of Service, the User shall cease using the Site and delete the Account.

8.2.  Deletion of the Account means automatic deletion of personal data, Content, Account and Profile settings, as well as other information available in the Account.

8.3.  The provisions of the Regulations may be supplemented, amended or cancelled unilaterally by the Administration of the Site without prior notification of the Users. The Administration shall have the right to notify the User of the amendments made to the Rules or of the entry into force of the new version of the Rules by publishing a notice on the Site, sending Personal Messages to the User or by any other means chosen by the Administration of the Site.

8.4.  The rights and obligations of the Parties arising out of the redrafted Rules shall be subject to the provisions of the current (up-to-date) version of the Rules, unless otherwise provided by the nature of the relationship between the Parties.

8.5.  Claims submitted by the User to the Administration shall be accepted and considered provided that the current and reliable data of the User indicated in the Account are provided. Taking into account the possible existence of Accounts with similar credentials, the Administration has the right to request additional information and information, including in relation to the User Account, in order to determine for which Account the claim was made, or to establish the ownership of the Account by the claimant.

8.6.  All disputes arising between the Parties shall be settled by negotiation. A pre-trial settlement of a dispute arising out of a relationship governed by the Rules shall be considered mandatory. The time limit for the pre-trial settlement of claims is at least 30 (thirty) working days from the date of receipt of the claim. If no agreement is reached on the settlement of the dispute, such dispute shall be considered and resolved by the court at the seat of the Administration.