IT NETWORK END USER LICENSE AGREEMENT
ATTENTION! IF YOU CREATE A PERSONAL PAGE, ACCESS YOUR PERSONAL PAGE OR THE PAGE OF ANY OTHER LICENSEE IN THE IT NETWORK SOCIAL NETWORK, OR DOWNLOAD OR COPY ANY CONTENT THEREIN, OR OTHERWISE USE THE SOCIAL NETWORK, YOU ACCEPT THIS END USER LICENSE AGREEMENT AND AGREE TO ALL OF ITS TERMS WITHOUT LIMITATION.
This end user license agreement (hereinafter – the "Agreement") regulates the relationship between Business Network LLC (hereinafter – the "Licensor") and you, the Licensee (hereinafter - "Licensee"), concerning use of the IT Community social network and its contents.
1. Terms used in the Agreement
1.1. Social network means the information system located at the website https://itnetwork.org/ (hereinafter - the "Site"), including all levels of the specified domain, both functioning on the date of acceptance of the Agreement by the User, and launched and put into operation throughout the life of the Social network) and available to the Licensee through the mobile version of the Site, applications and other resources that are the results of intellectual activity of the Licensor. The Social Network allows the Licensees, if they have access to the Internet, to create Personal Pages and view the Personal Pages of other Licensees, perform contextual search of information about other Licensees, exchange Personal Messages with other Licensees, post, copy and upload photos and other content, use other functionalities of the Social Network. The rights to use the data and commands are granted by Licensor to Licensee on the terms and conditions set forth in the Agreement.
Operation and maintenance of the Social Network, including technical and organizational support, is performed by Licensor and constitutes its obligation (subject to the provisions of Section 5 of the Agreement) to grant access to the Social Network to the Licensee. Licensee's participation in the Social Network takes place interactively (online) by connection to Social Network by the Licensee through the Internet. The Licensor owns the necessary amount of rights to the Social Network and the results of intellectual activity that form the Social Network (including the Site, databases, computer programs and all their constituent parts, taken separately and in aggregate, as well as the audio-visual elements generated by them, except for the Content not posted on the Social Network by the Licensor, the rights to elements whereof may belong to third parties. Licensor may use, operate and distribute the Social Network in the respective territories where it provides for its use, operation and distribution.
The Social Network was created in order to provide the Licensee with an opportunity to create a network of professional contacts, expand and maintain their professional relationships, a platform for the development of personal brand, informing about the news of the professional community, discussing them, as well as finding jobs and employees.
1.2. Licensor is the Business Network Limited Liability Company, which grants the Licensee the right to use the Social Network on the terms of a simple (non-exclusive) license and makes the Social Network publicly available, distributes, operates, maintains and administers it. The Licensor is a Party to the Agreement.
1.4. Content - design elements, illustrations, graphic images, photographs, scripts, texts, videos, music, sounds and other objects, including the results of intellectual activity, the rights to use which may belong to the Licensor, the Licensee or other persons, published within the Social Network.
1.5. Personal Page - a section of the Social Network containing some of the information placed in Licensee's profile (including, at Licensee's request, photos, information about the list of contacts, statuses, wall entries, groups, communities and other), which is available for review by other Licensees. Personal page is used by the Licensee for the purpose of exchanging Personal messages, adding other Licensees to contacts and performing other activities. Access to the Personal Page may be restricted by the Licensee to other users within the available functionality of the Social Network or by the Licensor under the terms of the Agreement.
1.6. Licensee's Profile (Profile) is the Licensee's account created at the time of registration in the Social Network, which allows Licensor to account for each Licensee and to grant rights to use the Social Network through a unique login and password. The username and password for accessing the Profile are determined by the Licensee independently upon registration in the Social Network and may be changed by the Licensee in the manner described in the Agreement or in the "Help" section of the Social Network.
1.7. Personal messages - electronic messages transmitted by one Licensee to another and not available for review by others, which are sent and received using the Licensee's Personal page.
1.8. Agreement - the text of the License Agreement entered into between Licensor and Licensee, containing all necessary and essential terms of the license agreement for granting the rights to use the Social Network.
2. Terms of adherence to the Agreement
2.2. After completing the mandatory fields and getting acquainted with the Agreement, Licensee accepts the Agreement by clicking the "Register" button or similar, which, in the meaning of Art. 435 and 438 of the Civil Code of the Russian Federation constitutes the acceptance of the Licensor's offer, as well as the conclusion of an agreement, resulting in the Licensee's obligation to comply with the terms of the Agreement.
2.3. Actual use of the Social Network without registering a Profile, in the form and to the extent available without registration, also constitutes acceptance of the Agreement by the Licensee.
3. Subject of the Agreement
3.1. According to the Agreement, the Licensor grants the Licensee a simple (non-exclusive) license to use the Social Network, including the rights to use the activated data and commands, to the extent defined in the Agreement.
3.2. The Licensee has the right to use the activated data and commands free of charge unless otherwise expressly stipulated in the interface of the Social Network.
3.3. No provision of this Agreement grants Licensee the right to use Licensor's trade names, trademarks, domain names and other distinctive marks. The right to use trademarks, domain names and other distinctive marks of Licensor may be granted only by written agreement with Licensor.
3.4. Basic functionality of the social network is provided to the Licensees free of charge after registration and profile completion. The Licensor has the right to add new features of the Social Network at any time, for which a fee may be charged.
4. Limitations of Social Network use
4.1. Licensee may use the Social Network in the following ways:
4.1.1. Use the functionality of the Social Network, including participation in formation of the Social Network by creating a Profile and Personal Page and changing the content of the Social Network and the personal settings of the Profile during such participation by posting and processing information and Content and interacting with other Licensees in compliance with the rules provided by the Agreement;
4.1.2. reproduce the elements of the Social Network in the form of information and Content posted in it for personal use by copying them to the memory of his personal computer and/or mobile device (downloading). If the elements of the Content are the objects of copyright or personal images (photos) of other Licensees or third parties, the Licensee is obliged to obtain the consent of such persons when reproducing them or otherwise using them for any purposes other than personal noncommercial purposes;
4.2. The licensee is disallowed to:
4.2.1. reproduce, distribute, reprocess for commercial or noncommercial purposes the elements of the Social Network, which are the objects of copyright of the Licensor, other Licensees or third parties, in the absence of the permission of the relevant rights holders to perform these actions;
4.2.2. reproduce elements of the Social Network design or user interface when creating websites or conducting any business on or off the Internet;
4.2.3. disseminate in/outside the Social Network, for commercial or noncommercial purposes, audio-visual displays and credentials of other Licensees present on the Social Network, without the consent of those Licensees;
4.2.4. transfer the rights granted to the Licensee to use the Social Network, to other Licensees or third parties by entering into a sublicense agreement or otherwise;
4.2.5. violate the rules set forth in the Agreement (Section 5) for the use of the Social Network.
5. Rules of Social Network use
5.1. To use the Social Network, the Licensee creates a Profile.
To enter the Social Network, the Licensee generates unique authorization data which may include: login and password, code received via SMS or by messenger to the Licensee's phone number, Apple ID and Google ID credentials which are confidential information and are not subject to disclosure, except in cases stipulated by applicable law and/or the Agreement. The risk of fraud and other unlawful actions with the Licensee's Profile due to the loss of the password is borne by the Licensee. The Licensee is advised to choose a password of sufficient complexity to avoid the possibility of its being picked up by third parties.
When registering, the Licensee must provide the Licensor with the necessary accurate and up-to-date information to form the Licensee's Personal Page and Profile, which may include a unique login and password for each Licensee to access the social network, as well as their first and last name. The registration form may request additional information from the Licensee.
After providing the information specified hereinabove the Licensee must go through a series of certification procedures, namely to confirm the registration by entering in the appropriate form the code received by the Licensee as an SMS-message from the Licensor to the cell phone number provided by the Licensee or e-mail messages to the address of the Licensee. In case of the correct consecutive performance of all registration actions the Licensee Personal Page and Profile are created in the Social Network.
5.2. Licensee's credentials and other data are processed by Licensor for the purpose of proper execution of the Agreement.
Credentials means the information that the Licensee provides independently at the stage of registration in the Social Network by filling out the registration form to create the Licensee's Profile and Personal Page and some of the information provided in the course of its use. Other Data means data associated with the Licensee that becomes available to the Licensor in the course of the Licensee's use of the Social Network and/or the services of affiliates and/or partners. Such data may include information about the technical means (devices) and methods of technological interaction with the Social Network and/or services of affiliates and/or partners (including the host IP address, the Licensee's operating system type, browser type, geographic location, provider data, and other), the Licensee's activity, and other data obtained by such means.
Licensor may have access to other information relating to Licensee and left by the latter at its discretion during the use of the Social Network, which is not processed by Licensor, including to achieve the purposes specified in the Agreement.
Licensee's credentials and other data are processed during the entire period from the moment of registration of Licensee's Profile until its deletion, unless otherwise provided for by applicable law.
In order to properly fulfill the terms of the Agreement, Licensor takes measures to ensure the security of the Social Network. In order to implement these goals, the Licensee agrees that credentials and other data may be transferred to third parties, including in cases provided for by applicable law, to the extent necessary to detect, investigate and suppress unlawful actvities.
The Licensee consents to the reflection of its credentials, other data, and other information on the Licensee's Personal Page within the functionality of the Social Network, and to the fact that such data will be considered publicly available. Licensee agrees that information, including credentials and other data, may be made available to other Internet users, subject to the existing functionality of the Social Network (which may be modified from time to time by Licensor). Licensor may restrict third parties from using information from the Social Network, including for commercial purposes. Licensor's use of the information is determined by the Agreement.
5.3. After registration of the Profile, the Licensee may fill the Profile, Personal Page and other elements of the Social Network with Content, add photos and other materials in accordance with the provided functionality and use other functions provided by the Licensor when using the Social Network, subject to compliance with the Agreement.
5.4. Licensee acknowledges and agrees that the information and credentials posted in Licensee's Profile are available for review by other Licensees through Licensee's Personal Page.
5.5. The Licensee who has previously registered a Profile shall log in to the Social Network each time by going through the authorization procedure - entering the Licensee's login and password, as a result of automatic authorization using cookie technology and by other available methods permitted by the Licensor.
5.6. A person who has logged into a Social Network shall be deemed to be a valid user of the Profile accessed and managed as a result of such authorization, unless there is evidence to the contrary.
5.7. When the Licensee uses the Social Network, cookies may be used for the purpose of automatic authorization of the Licensee in the Social Network, as well as to collect statistical data, in particular about the attendance of the Social Network.
5.8. Licensee may restrict or prohibit the use of cookie technology by applying the appropriate browser settings.
5.9. If it is impossible to perform authorization due to the loss of the password or other credentials used to access the Social Network, blocking of the Profile, and for other reasons, the Licensee may contact the Licensor's support service, or follow the instructions posted in the "Help" section of the Social Network. The methods of restoring access to the Profile, authorization of the Licensee may be changed, cancelled or amended by Licensor unilaterally.
5.10. Licensor makes commercially reasonable efforts to ensure that the Social Network functions 24 hours a day, but does not guarantee that there will be no interruptions due to technical failures, preventive maintenance, or that the applications published on the Social Network will be fully or partially operational. Licensor does not guarantee that the Social Network or any of its elements will function at any particular time in the future, or that they will not cease to operate.
5.11.The Social Network, including all scripts, applications, Content and its design, mobile version, is provided "as is". Licensor makes no warranty that the Social Network or any of its elements may be suitable for any particular use. Licensor cannot guarantee and does not promise any specific results from the use of the Social Network or its elements. Licensor does not warrant that the Content and applications posted on the Social Network, in particular by other Licensees, are consistent with Licensee's individual concepts of morality and decency.
5.12. When using the Social Network, the Licensee shall take necessary precautions including installation and use of antivirus software with respect to the Content, especially the Content posted by other Licensees, other materials and information; when accessing hyperlinks posted in the Social Network, when using any files, including software, to avoid adverse effects of malicious software, unfair access to the Profile, password mining and other adverse consequences for the Licensee on the Licensee's computer. By using the Social Network, the Licensee agrees that he or she downloads any material from or through the Social Network at his or her own risk and is personally responsible for the possible consequences of using said material, including any damage it may cause to the Licensee's computer or third parties, loss of data, or any other harm. The links or guides to download files and/or install third-party programs posted on the social network do not constitute an endorsement or approval of these activities by the Licensor. Link to any site, product, service, any information of commercial or non-commercial nature, placed in a social network, is not an endorsement or recommendation of these products (services) by the Licensor. If the Licensee has decided to leave the Social Network and visit third-party sites or use or install third-party programs, the Licensee does so at the Licensee's own risk, and from that moment on the Agreement no longer applies to the relevant actions of the Licensee. In further actions, the Licensee should be guided by the applicable norms and policies, including the business practices of those persons whose content they are going to use
5.14. Licensee may not upload or otherwise make available (post on the Social Network, publish on the Social Network) Content or other intellectual property of Licensee, Licensor or other copyright holders without the explicit consent of the copyright holder and/or the necessary scope of rights for such activities. The Licensee's use of Content that is accessed solely for personal, noncommercial use is allowed, provided that all copyright marks (copyrights) or other notices of authorship are retained, the author's name is preserved intact, and the work is preserved intact.
5.15. The Licensee, by posting the Content legally belonging to him on the Social Network, grants the other Licensees a simple (non-exclusive) license to use it only within the functionality provided by the Social Network, by viewing, reproduction (including copying) and other rights solely for the purpose of personal noncommercial use, except when such use causes or may cause harm to the protected legal interests of the right holder.
5.16. The Licensee also grants the Licensor a simple (non-exclusive) license to use the Content posted on the Social Network and legally owned by the Licensee on a royalty-free basis in order to ensure the functioning of the Social Network to the extent determined by its functionality, and display the Content in the Licensor's promotional materials, including within the images of the Social Network interface, and in particular by publishing such promotional materials. This right of use is granted for the term of placement of the Content in the Social Network and extends its effect in the territory of the countries all over the world. Expiration of the term of placement of the Content in the social network and/or the term of the exclusive right to this Content does not entail the need to withdraw promotional materials displaying the Content from circulation (including their removal from the Internet). The Licensor shall be entitled to transfer the rights specified in this paragraph to third parties. The Licensee agrees that the Licensor shall be entitled to use the functional and technical capabilities of the Social Network which ensure display of the Content posted by the Licensee, at its own discretion, and in particular for the purpose of displaying the advertising information.
5.17. If the Licensee deletes the Licensee's Content from the Social Network, the right of use referred to in paragraph 5.17. hereof will be automatically revoked, but the Licensor reserves the right, if necessary due to the technical features of the Social Network, to keep archive copies of Content for the required period.
5.18. Reproduction, copying, collection, systematization, storage, transfer of information from the Social Network for commercial purposes and/or for the purpose of extracting the database of the Social Network for commercial or noncommercial purposes, or its use in whole or in any part by any means, is not allowed without the consent of the Licensor. The use of automated scripts (programs, bots, crawlers and other means of automatic information gathering) to gather information and (or) interact with the Social Network without the Licensor's consent is prohibited. The aforementioned activities will result in deletion of the Licensee's Personal Page and Profile in addition to other technical measures taken by the Licensor to prohibit Licensee from accessing the Social Network.
6. Rights and obligations of the Licensor
6.1. The Licensor performs the day-to-day management of the Social Network, determines its structure and appearance, authorizes or restricts the Licensees' access to the Social Network in case of violation of the provisions of the Agreement, and exercises other rights belonging to it. The Licensee agrees that the Licensor has the right to use the functional and technical capabilities of the software (audio/video player), which provide the display of the Content posted within the Social Network, at its own discretion, including for the purpose of displaying advertising.
6.2. With respect to enabling interactions between the Licensees, including enabling the Licensees to perform certain actions on their own within the Social Network, the Licensor acts solely as the provider of the technological capability of such interactions using the Social Network. The transfer, storage and access through the Internet and the Social Network software to the information, graphics and other materials provided by the Licensees related to such interactions are performed without modification of such materials or influence on their content by the Licensor.
6.3. The Licensor independently decides on the procedure for advertising in the Social Network, participation in affiliate programs, and other issues.
6.4. The licensor has the right:
6.4.1. at any time modify the design and user interface of the Social Network, its content, the content of the Social Network features provided, modify or supplement the scripts, software, Licensor's Content and other objects used or stored in the Social Network, any Apps and server applications, with or without notice to Licensee;
6.4.2. remove, without any reason and without warning, any Content, including Content that, at the Licensor's discretion, violates and/or may violate the laws of the Russian Federation (applicable law), the provisions of the Agreement, the rights of other Licensees or third parties, cause harm or endanger harm and/or safety;
6.4.3. at its sole discretion, remove any information (including Licensee's Personal Messages, Licensee's wall posts, comments to the Licensee's photos, wall posts, other information and other materials), including those posted by the Licensee in the Social Network in violation of the laws of the Russian Federation (applicable law) and/or the provisions of the Agreement;
6.4.4. suspend, restrict or terminate Licensee's access to all or any of the Social Network sections and/or elements of the Social Network, personal page, communities, Social Network groups, Social Network functions, including activated data and commands, and delete communities and groups created by Licensee as well as to change (moderate), block or delete any information posted by the Licensee that violates the prohibitions established hereby at any time without giving a reason, with or without prior notice, unless otherwise expressly provided for by applicable law;
6.4.5. to block and/or remove API applications, restrict Licensees' access to API applications, websites, third-party applications, other third-party resources, block and/or remove links to them if the Licensor has grounds to believe that such API applications, websites, third-party applications, other third-party resources are or may be a threat to the normal operation of the Social Network and Licensees;
6.4.6. remove Licensee's Profile at its sole discretion, including if Licensee acts in violation of the laws of the Russian Federation (applicable law) or the provisions of the Agreement;
6.4.7. to send to the Licensees from the Licensor and/or the Licensor's partners messages of advertising, information or news nature, including by e-mail, sms-mail, mailing using the functionality of the Social Network or by other available means;
6.4.8. in order to collect statistical data and identify the Licensee, set and store information about the Licensee's IP-addresses accessing the Social Network, use technical information files (cookies) placed on the Licensee's personal computer;
6.4.9. when using the Social Network, reprimand, warn, notify and inform the Licensee of the Licensee's non-compliance with this Agreement. The Licensor's instructions given to the Licensee during the process of using the Social Network are binding on the Licensee;
6.4.10. take measures not prohibited by law to protect its intellectual rights with respect to the Social Network;
6.5. Licensor does not handle and resolve disputes and conflicts arising between Licensees or third parties who have placed applications on the Social Network with Licensor's consent when Licensees use such applications, but may assist in resolving such conflicts at its own discretion. Licensor may suspend, restrict or terminate a Licensee's access to the Social Network (the right to use the Social Network) if it receives a reasoned complaint from the other Licensee(s) regarding that Licensee's improper or unlawful conduct on the Social Network.
6.6. The licensor undertakes the following obligations:
6.6.1. on the terms and conditions set forth in the Agreement, grant Licensee the rights to use the Social Network to the extent set forth in the Agreement;
6.6.2. notify Licensee by publishing information or sending messages on the Social Network or by any other means available to Licensor about changes in the terms of the Agreement.
7. Rights and obligations of the Licensee
7.1. Licensee has the right to:
7.1.1. make adjustments to Profile and Personal page, change the password or other credentials required to access your Profile;
7.1.2. place in the Licensee's Profile information about the Licensee, change the profile picture, work experience, education, contact information, portfolio information;
7.1.3. search for other Licensees in the Licensee's communities, on the basis of information known to the Licensee and relevant information posted by the searched Licensee on the Personal Page;
7.1.4. send and receive Personal Messages via email;
7.1.5. perform other actions not prohibited by the laws of the Russian Federation (applicable law) or the Agreement, related to the use of the Social Network.
7.2. Licensee shall:
7.2.1. comply with the terms of the Agreement without limitation;
7.2.2. indicate accurate information and publish real personal photos as Profile pictures at the time of registration in the Social Network and creation or amednment of the Profile;
7.2.3. not exceed the limits of use of the Social Network set forth in Section 4 of the Agreement;
7.2.4. not otherwise violate the intellectual property rights of the Licensor with respect to the Social Network or any of its elements, in particular, the Licensee may not copy, broadcast, send, publish, and otherwise distribute and reproduce the materials (text, graphics, audio-video) posted by the Licensor in the Social Network without the written consent of the Licensor;
7.2.5. independently take appropriate measures to ensure the security of the Licensee's Profile and Personal page and prevent unauthorized access to them by third parties (in particular, to ensure that the password or other information required for authorization in the Social Network is not stored in the browser, in particular when using the cookies technology, with the possible use of the Licensee's computer device by third parties);
7.2.6. comply with the Licensor's instructions regarding the use of the Social Network, in particular those given by the Licensor to the Licensee or a group of Licensees on the Social Network, in the User Support Center (Licensees), in the news section of the Social Network. If the Licensee fails to comply with such instructions, Licensor may suspend, limit, terminate the Licensee's rights to use the Social Network;
7.2.7. confirm his credentials, including the surname, first name, patronymic, and other data at the request of the Licensor in connection with the conclusion and execution of the Agreement;
7.2.8. not post photos in which other persons besides the Licensee are depicted without their prior consent, unless such consent is obtained in accordance with Article 152.1 of the Civil Code of the Russian Federation or other applicable law;
7.2.9. notify the Licensor of all cases of actions on the Social Network in relation to the Licensee, which may be regarded as insulting, humiliating, defamatory, etc;
7.2.10. periodically read the contents of the Agreement on the Internet at https://itnetwork.org/ and keep track of any changes made to it;
7.2.11. make backups of important information stored on the Licensee's Personal Page
7.2.12. comply with other requirements and fulfill other obligations stipulated by the Agreement and/or posted in the relevant sections of the Social Network.
7.3. Licensee warrants that it has all the necessary authority and capacity to enter into the Agreement.
7.4. Licensee is disallowed to:
7.4.1. collect credentials of other Licensees and/or other information from the Social Network without the consent of the Licensor;
7.4.2. use any automated or automated means to collect information posted on the Social Network;
7.4.3. carry out propaganda or agitation that incites social, racial, national or religious hatred and hostility, propaganda for war, social, racial, national, religious or linguistic superiority, distribute other information prohibited for distribution by applicable law;
7.4.4. post on the Social Network or transmit via Personal Messages limited access information (confidential information) of third parties, if the Licensee does not have sufficient rights by law or contract to disclose such information;
7.4.5. place, reproduce, reprocess, distribute, publish in the Social Network, make available, transfer, sell or otherwise use in whole or in part the Content of the Licensor, Licensees and third parties, which is the object of copyright and other exclusive rights, without their prior permission, except as provided in this Agreement, the current legislation of the Russian Federation (applicable law), and cases where the right holder has explicitly expressed its consent. By uploading music, video or other Content to the Social Network, and by posting the Content to the Social Network in any other way, the Licensee confirms that the Licensee possesses all the rights necessary for this, including the right to make it public, that such posting does not and will not violate the rights and legitimate interests of the right holders and third parties, and that all necessary permits and consent from the relevant right holders and third parties has been duly and explicitly obtained for this. It is prohibited to post Content on the Social Network if the Licensee does not have the necessary rights and/or consent of the right holder to do so;
7.4.6. to post on a Social Network in open access (in wall posts, 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 Licensees or other persons or may be regarded as such, as well as messages, images and other materials that discredit Licensees or other persons, contain threats, calls for violence, illegal acts, antisocial, immoral acts, as well as the commission of any other actions, contrary to the foundations of law and order and morality;
7.4.7. to post messages, graphic images or other materials (including those that are not true) on the Social Network, the posting of which causes or may cause damage to the honor, dignity and business reputation of a citizen or business reputation of an organization;
7.4.8. to post messages containing obscene words and expressions on the Social Network;
7.4.9. to post pornographic materials involving minors on the Social Network;
7.4.10. to post information on the Social Network that advocates suicide, contains a description of the methods of suicide and any incitement to commit suicide;
7.4.11. to post advertisements and other information about narcotic and psychotropic substances in the Social Network, including information about the distribution of drugs, recipes for their manufacture and advice on their use, as well as to post information of extremist orientation;
7.4.12. to post information on the Social Network that violates the rights of minors;
7.4.13. to post any information of an illegal nature on the Social Network;
7.4.14. to post personal information, including contact information, of other Licensees or other persons on the Social Network without their prior consent;
7.4.15. to enter knowingly false information or other people's data when registering an Account or subsequently including registration on behalf of or instead of another person ("fake account");
7.4.16. to post images of other people as his own photos and to post any other graphic images that are not images of the Licensee posting these images, without the consent of the copyright holders (authors) of such images in the Social Network;
7.4.17. to register Licensee's Profile for use by a group or organization;
7.4.18. to register more than one Licensee's Profile by the same person;
7.4.19. to perform actions aimed at destabilizing the functioning of the Social Network, to attempt unauthorized access to the management of the Social Network or its closed sections (including sections access to which is permitted only to the Licensor), and to perform any other similar actions;
7.4.20. to perform unauthorized access to the Profiles of other Licensees by picking or entering a password, as well as to attempt such access;
7.4.21. to send spam - mass distribution of commercial, political, advertising and other information (including hyperlinks leading to Internet sites with such information and/or to Internet sites containing malicious software) in Personal Messages, comments, wall entries, on Personal pages of Licensees or performing other actions aimed at distribution of such information, if the recipient Licensees have not expressed their consent to receive such information;
7.4.22. to use the Social Network for the purpose of searching for debtors or for other similar purposes;
7.4.23. to post information on the Social Network, including in groups, contributing to the promotion, advertising and popularization of tobacco and tobacco products, drugs, narcotic substances, strong and low-alcohol beverages;
7.4.24. to post other information on the Social Network that, in the Licensor's opinion, is inconsistent with the policy and purpose of the Social Network.
8. Warranties and liability
8.1. The Licensee guarantees that information posted in the Social Network or transmitted through Personal Messages information, Content, other legally protected results of intellectual activity, their parts or copies, as well as other materials published or transmitted by the Licensee do not violate anyone's rights and legitimate interests. In the event of claims from third parties in connection with a violation of the terms of the Agreement in terms of posting information and/or Content of third parties, the Licensor has the right to transfer, within the limits allowed by law, the contact information of the Licensee available to him to the persons who have applied with the claims, in order to settle the arisen disagreements.
8.2. The Licensee guarantees that he will take appropriate measures to ensure the confidentiality of the credentials (username, password and other as provided for herein) used by him to authorize in the Social Network, and to prevent the possibility of authorization by others.
8.3. Licensor respects the secrecy of correspondence carried out by Licensees through Personal Messages in accordance with law of the Russian Federation.
8.4. Licensor warrants that Licensor will use the email address and cell phone number indicated in the Licensee's Profile for communication between Licensor and Licensee, for sending notifications, messages and sms messages to Licensee, and for providing the Licensee with Social Network features with Licensee's consent, which may be expressed through the Social Network features, unless otherwise provided by the Agreement or applicable law.
8.5. The Licensor is not involved in forming the content of the Licensee's Personal page and downloading the Content, does not control the Licensee's actions, does not perform and has no technical capability to automatically censor information in the open sections of the Website and Social Network, in the Licensee's Personal pages, censor Personal Messages and is not responsible for the actions or inactions of the Licensee (except for special technical solutions that can be implemented to prevent and suppress the violation of third party rights).
8.6. Due to the way the Social Network operates, the Licensor does not and does not have the technical capability to pre-moderate the information and Content posted by the Licensee, and is not responsible for its content.
8.7. The Licensor shall not be liable for possible failures and interruptions in the operation of the Social Network and the resulting loss of information. The Licensor is not responsible for any damage to the Licensee's computer, mobile devices, any other hardware or software, caused by or related to the use of the Site or the sites accessible via hyperlinks located on the Site.
8.8. The Licensor is not responsible for third parties picking up the Licensee's password or other credentials of the Licensee to access the Licensee's Profile and any actions performed by them using the Licensee's Profile.
8.9. The Licensor shall not be liable for any damages, including lost profits, lost data, damage to honor, dignity or business reputation or any other harm caused by the use of the Social Network, the Content therein, or other materials accessed by the Licensee or others through the Social Network, even if Licensor has warned or indicated that such damages or harm may occur.
8.10. The Licensee is responsible for unlawful actions performed using his Profile, as well as in connection with the placement of Content using his Profile in the Social Network, on the Personal page of the Licensee or other Licensees, in the wall entries, in the comments and in other sections of the Social Network and/or the Site.
8.11. The Licensee is personally responsible for any Content or other information that Licensee posts on the Social Network or otherwise makes available on or through the Social Network. The Licensee shall independently resolve third-party claims related to unlawful posting of Content and information on the Social Network.
8.12. Hyperlinks to any site, product, service, any information of commercial or non-commercial nature, posted in the Social Network, posted in the entries on the wall of the Personal Pages by the Licensees, etc. do not constitute an approval or recommendation of these products (services) by the Licensor. The Licensor shall not be liable for any damage caused to the Licensee as a result of clicking on such hyperlinks. 8.13. Licensor is not responsible for any unlawful actions of the Licensee or third parties while using the Social Network.
8.14. Licensor is not responsible for the statements of the Licensee published in the Social Network. Licensor is not responsible for the Licensee's behavior in the Social Network, disrespectful attitude towards other Licensees.
8.15. Licensor is not responsible for the loss of the Licensee's ability to access his Profile in the Social Network (loss of username, password, other information necessary to use the Profile or Personal Page).
8.16. Licensor is not responsible for incomplete, inaccurate, incorrect data provided by the Licensee when creating the Profile and Personal page.
8.17. Licensor is not responsible for the Licensee's lack of Internet access, for the quality of service of Internet service providers with whom the Licensee has signed agreements to provide Internet access services.
8.18. The Licensor shall not be liable for any direct or indirect damages and lost profits of the Licensee or any other third parties caused as a result of:
- use or inability to use the Social Network;
- unauthorized access by any third parties to Licensee's personal information, including Licensee's Profile and Personal Page;
- statements or conduct of any third party on the Social Network;
- deletion of a Profile, Content, or termination of a particular element of the Social Network or the Social Network as a whole.
8.19. In all circumstances, the Licensor's liability to the Licensee is limited to an amount of 3,000 (three thousand) Russian rubles, and no compensation is payable for lost profits, unless otherwise expressly provided for by the applicable law.
8.20. Licensor shall not be obliged to provide Licensee with any evidence, documents or other evidence of Licensee's breach of the terms of the Agreement, as a result of which Licensee has been denied the rights to use the Social Network or its individual functions/sections/pages.
8.21. Licensee's claims to Licensor are accepted and considered provided that it is possible to establish that the Profile belongs to a particular person. Taking into account the possible existence of Profiles with similar credentials, the Licensor may request additional information and data, including in relation to the Licensee's Profile, which would make it possible to determine which Profile the claim was received in connection with, or establish that the Profile belongs to the person who filed the claim.
9. Territory and term of the Agreement
9.1. The Licensee may use the Social Network in the ways described in the Agreement throughout the Russian Federation, as well as other territories where it is accessible using standard computer facilities, programs and devices.
9.2. The Agreement is effective from the date of its approval by the Licensor and shall remain valid until its termination by the Licensor.
9.3. The Licensor has the right at any time, without notifying the Licensee and without explaining the reasons, to terminate the Agreement unilaterally out of court with immediate termination of access and the ability to use the Social Network and without compensation for any costs, losses or refund received under the Agreement, including in cases of closure of the Social Network, any, including one-time, violation by the Licensee of the terms of the Agreement, as well as any other cases specified by the Licensor on the pages of the Social Network, unless otherwise expressly provided by applicable law.
9.4. The Licensor has the right to suspend at any time, without notifying Licensee and without giving a reason, access and ability to use the Social Network, delete Licensee's Profile without compensation for any costs, losses or refunds received under the Agreement, including in case of any, including a single violation of the Agreement by Licensee, unless otherwise expressly provided for by applicable law.
9.5. The Licensee agrees and fully acknowledges that all exclusive rights or necessary licenses for the software that constitutes an element of the Social Network and/or is used for its administration and functioning, including the audiovisual displays included in it, as well as the graphic design of the Social Network, photographs, animations, video images, video clips, sound recordings, sound effects, music, text content of the Social Network and Social Network Applications, with the exception of Content uploaded to the Social Network by Licensees or third parties, belong to the Licensor, unless otherwise explicitly stated in the Agreement.
9.6. The Agreement does not provide for the assignment of any exclusive rights or the granting of an exclusive license to any component of the Social Network from Licensor to Licensee.
9.7. If Licensee is prohibited by the laws of his state from using the Internet or social networking sites or other legal restrictions, including age restrictions on access to such software, Licensee may not use the Social Network. In such case, the Licensee is solely responsible for using the Social Network within the territory of its state in violation of local laws.
10.1. Generally. From time to time, IT Network may offer products and services for purchase ("in app purchases") through the App Store or Google Play Store. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as the Google Play Store or App Store (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize IT Network or the third party account, as applicable, to charge you.
10.2. Auto-Renewal; Automatic Card Payment
If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.
Objections to a payment already made should be directed to Customer support if you were billed directly by IT Network or the relevant third party account such as the App Store. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on your account in Apple Store or Google Play Store.
10.3. If you want to change or terminate your subscription, you will need to log in to your third party account and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the IT Network application from your device. Deleting your account on IT Network or deleting the IT Network application from your device does not terminate or cancel your subscription; IT Network will retain all funds charged to your Payment Method until you terminate or cancel your subscription on IT Network or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
10.4. Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU or European Economic Area - in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
To request a refund:
If you made a purchase using your Apple ID, refunds are handled by Apple, not IT Network. To request a refund, go to the App Store, click on your Apple ID, select "Purchase history", find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.
If you made a purchase using your Google Play Store account for request a refund, go to the https://play.google.com, click on your Account, select "Purchase history". On the order, select Request a refund or Report a problem and choose the option that describes your situation. Complete the form and note that you would like a refund. You will see a message saying "Thank you for sharing your concerns." You'll then get an email with your refund decision. You’ll usually get this within 15 minutes, but it can take up to 4 business days.
If you made a purchase through a payment platform not listed above, please request a refund directly from the third-party merchant through which you made your purchase.
10.5. Pricing. IT Network operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.
11. Closing Provisions
11.1. The Agreement may be amended by Licensor without any prior notice. The Agreement may be modified and/or amended by Licensor unilaterally without any special notice.
Licensee agrees to independently review the Agreement for changes. Licensee's failure to review the Agreement and/or the amended version of the Agreement may not constitute grounds for Licensee's failure to perform its obligations and for Licensee's failure to comply with the restrictions set forth in the Agreement. Licensee's actual use of the Social Network after changes in the terms of the Agreement or the rules of its use shall mean Licensee's acceptance of the new terms.
11.2. The invalidity of one or more provisions of the Agreement, duly recognized as invalid by a court decision, shall not entail for the Parties the invalidity of the Agreement as a whole. In the event that one or more provisions of the Agreement are declared invalid in accordance with the established procedure, the Parties undertake to perform their obligations under the Agreement as closely as possible to those implied by the Parties when entering into and/or amending the Agreement.
11.3. The Agreement and the relationship between the Parties in connection with the execution of the Agreement and the use of the Social Network shall be governed by the laws of the Russian Federation.
11.4. With regard to the form and method of entering into the Agreement, the norms of the Civil Code of the Russian Federation governing the procedure and conditions of the contract by accepting a public offer shall apply.
11.5. All disputes between the parties under the Agreement shall be resolved by correspondence and negotiation using the mandatory pre-trial (complaint) procedure. If it is impossible to reach an agreement between the parties through negotiations within thirty (30) calendar days from the date of receipt by the other Party of a written claim, the consideration of the dispute shall be transferred by any interested party to the court of general jurisdiction at the location of Licensor (except for the jurisdiction of any other courts), unless otherwise expressly provided by applicable law.
11.6. Licensee shall send all appeals, applications, suggestions, complaints, and other inquiries related to the use of applications published within the Social Network directly to the developers of such applications using the contact information listed on the page of the corresponding application or its community (group) in the Social Network.
11.7. A version of the Agreement is available on the Internet at the address of the Social Network, in the appropriate section and other places identified by Licensor and allowing the Licensee to read its contents.
11.8. For questions related to the execution of the Agreement, please contact the Licensor's by email email@example.com or postal address: Russian Federation, 117342, Moscow, Butlerova str., 17, floor 5 room/office 202/106.