Privacy Policy
1. Terms, Used in the Present Agreement
1.1. Social Network – the social Network, known by the name "followmylive", hosted on the Internet Network at followmylive.com and available to the Licensee through the Website, the Website mobile version, applications and other resources, representing a result of intellectual activity in the form of a computer program. The Social Network objectively constitutes an aggregate of data and commands as well as of generated by it audiovisual displays (including the comprising graphical images and the user interface) (hereafter referred to as "the data and the commands"), destined for computers and mobile devices operation in order to obtain a certain result in the form of organization of the social Network functionality. The aggregate of the data and the commands consists of the activated and non-activated data and commands.
The Social Network enables Licensees, having access to the World Wide Web, to create Personal pages and to visit Personal pages of other Licensees, to perform contextual search of other Licensees' data, to exchange Personal messages with other Licensees, to create groups and communities and to join already existing groups and communities, to host, copy and load photographs and other content, to exercise other functional capabilities of the Social Network. The Licensor grants the Licensee the rights to use the data and the commands under the terms and conditions, specified by the present Agreement.
Functioning and maintenance of the Social Network, including its technical and organizational support, is performed solely by the Licensor and represents its obligation (subject to regulations of Article 5 of the present Agreement), ensuring the opportunity of granting the Licensee the corresponding rights. Membership of Licensees on the Social Network is implemented in an interactive (online) mode via connection of the Licensee to the World Wide Web. The Licensor is the holder of the relevant amount of rights for the Social Network as a computer program and for all of its constituent parts, both individually and as a whole, as well as for audiovisual elements, generated by it, save for the Content, not hosted on the Social Network by the Licensor, the rights for the elements of which may belong to third parties. The Licensor is entitled to use, operate and distribute the Social Network within the corresponding territories, where it provides for its use, functioning and distribution.
1.2. Licensor – The Limited Liability Company "followmylive", which grants the Licensee the right to use the Social Network under the terms of nonexclusive license and notifies of, distributes, operates, maintains and administers the Social Network. The Licensor is a Party to the present Agreement.
1.3. Licensee – a physical person possessing the active legal capacity required to enter into the present Agreement and being a member of the Social Network with the granted right to use the Social Network under the terms and conditions of the present Agreement. A Licensee is a Party to the present Agreement.
1.4. Content – hosted on the Social Network design elements, pictures, graphic images, photographs, scripts, texts, videos, music, sounds and other objects, being as well results of intellectual activity, the right to use of which might belong to the Licensor, Licensees or other persons.
1.5. Applications – hosted on the Social Network by the Licensor or, with its consent, by third parties, computer programs (games, E-services, etc.) or their elements, which may be used by the Licensee on the Social Network in addition to the Social Network main functions. The Licensee membership in Applications is carried out under the terms, prescribed by particular agreements with third parties.
1.6. Personal page – a section of the Social Network, containing a part of the information, hosted in the Licensee's Account (including, according to the Licensee's choice, photographs, information on his/her friends, statuses, wall postings, groups, communities, etc.), accessible for other Licensees. A Personal page is used by the Licensee in order to perform message communication, adding other Licensees to his/her friends and other actions. Access of other Licensees to the Personal page may be limited by the Licensee within the range of available functionality of the Social Network or by the Licensor under the terms and conditions of the present Agreement.
1.7. Licensee's account (Account) — a Licensee's register entry, created at the time of his/her registration on the Social Network, enabling the Licensor to take into account every Licensee and to grant the rights of the Social Network use via assigning a unique username and password. The Account access username and password are determined independently by the Licensee upon his/her registration on the Social Network and can be changed by him/her in accordance with the procedure, specified in the present Agreement or in the "Help" section on a page of the Social Network.
1.8. Private messages — electronic messages, not accessible to other persons and sent and received from one Licensee to another via using the Licensee's Personal page.
1.9. Remuneration — the Licensor's charge for granting the Licensee the right to use non-activated data and commands within the limits, set by the present Agreement. The rate of the Remuneration is determined by the Licensor and depends on the amount of the data and the commands, the right of use of which is granted to the Licensee.
The Social Network rules may prescribe different terms and conditions of getting the rights to use the non-activated data and commands, as well as the limits of their use. The Licensee can review the said regulations in the corresponding sections of the Social Network.
1.10. License agreement — the contents of the present License agreement, contracted between the Licensor and the Licensee, including all the necessary and substantial terms and conditions of the license agreement on granting the rights to use the Social Network, including the non-activated data and commands. An integral part of the present Agreement are the Remuneration payment terms and any other Social Networking regulations, hosted by the Licensor on the corresponding pages of the Social Network, among them in the "Help" section, including the Website mobile version and the applications.
2. Terms of Accession to the Agreement
2.1. Before starting to use the Social Network, the Licensee shall review the present Agreement, as well as all regulations, applicable on the Social Network, and other documents, hosted in the corresponding sections of the Social Network.
2.2. After having filled in the required fields and having reviewed the present Agreement, the Licensee accesses (accepts) to the present Agreement via clicking the “Register” button or analogous, which, according to articles 435 and 438 of the Civil Code of the EU( Germany ), means an acceptance of the formal offer of the Licensor, as well as a conclusion of an agreement, causing the Licensee to comply with the terms and conditions of the Agreement, including regulations, applicable on the Social Network.
2.3. Actual use of the Social Network without the Account registration in the form and in the amount, accessible without registration, as well represents an acceptance of the present Agreement.
3. Subject of the Agreement
3.1. Under the present Agreement the Licensor grants the Licensee, on the terms of a simple nonexclusive license, the right to use the activated and non-activated data and commands within the limits, specified by the present Agreement.
3.2. The right to use the activated data and commands is granted to the Licensee free of charge.
3.3. The right to use the non-activated data and commands is granted to the Licensee for Remuneration, unless otherwise provided by the Licensor.
4. The Social Network Operating Range
4.1. The Licensee has the right to use The Social Network in the following ways:
4.1.1. to use the functionality of the Social Network, as well as to participate in formation of the Social Network by means of creating an Account and a Personal page, and to alter the contents of the Social Network and and the Account personal settings in the course of such membership via hosting and processing the information and the Content, cooperation with other Licensees, in compliance with the regulations, prescribed by the present Agreement;
4.1.2. to reproduce elements of the Social Network in terms of information and Content, hosted in it for personal use, via copying into the memory of his/her personal computer and/or mobile device (downloading). Should the content elements be an object of copyright or personal images (photographies) of other Licensees or third parties, the Licensee shall additionally get consent of such persons for such reproduction.
4.2. The Licensee shall not:
4.2.1. reproduce, distribute, process for commercial or non-business purposes elements of the Social Network, being an object of copyright of the Licensor, other Licensees or third parties without the corresponding copyright holders' consent to perform such actions;
4.2.2. reproduce elements of design or user interface of the Social Network in the context of creating other Websites or in the context of carrying on business on the Internet Network or out of it;
4.2.3. distribute in/out of the Social Network for commercial or non-business purposes audiovisual displays and account data of other Licensees, existing on the Social Network, without these Licensees' consent;
4.2.4. transfer the rights to use the Social Network, granted to him/her, to other Licensees or third parties through concluding a sublicense agreement or in any other way;
4.2.5. breach the Social Networking regulations, established in the present Agreement (section 5).
5. Social Networking Regulations
5.1. For the purpose of use of the Social Network, the Licensee creates an Account.
In order to log into the Social Network, the Licensee generates unique authorization data - a username and a password, which represent confidential information and are not subject to disclosure, save for the cases envisaged by the current legislation and/or the present Agreement. It is the Licensee who bears the risk of fraudulent conduct or other misconduct involving the Licensee's Account in conjunction with the password loss. The Licensee is recommended to choose a complex enough password to avoid a possibility of a password attack.
5.2. The Licensee's account data and other information are processed by the Licensor for the purpose of proper execution of the present Agreement.
5.3. In order to fulfill the License Agreement and grant the Licensee access to the use of the Social Network functionality, the Licensor develops, improves, optimizes and introduces new functionality of the Social Network (including information, communication, advertising, education, entertainment services and products and other), including the participation of affiliated persons and/or partners. In order to ensure the implementation of these goals, the Licensee agrees to instruct the Licensor complying with applicable laws to process (including collection, recording, systematization, accumulation, storage, clarification (updating, editing), mapping, extraction, use, depersonalization, blocking, deletion and destruction) of account and other data of the Licensee, including the results of the automated processing of such data, including in the form of integer and/or text values and identifiers, transferring to affiliated persons and/or partners in pursuance of such an order for processing, as well as to collect (receive) their account and other data from affiliated persons and/or partners.
Credentials are understood as information that the Licensee provides at the registration stage on the Social Network by filling out the registration form for creating the Licensee's Account and Personal Page and some of the information provided during its use. Other data is understood as the Licensee-related data that becomes available to the Licensor in the process of the Licensee's use of the Social Network and/or services of the affiliated persons and/or partners. Such data may include information on technical facilities (devices) and methods of technological interaction with the Social Network and/or services of the affiliated persons and/or partners (including the host IP address, the type of the Licensee's operating system, the browser type, geographic location, provider information, etc.), the Licensee's activity as well as other data obtained by these methods.
The Licensor may be provided with other information related to the Licensee and left by the latter at their own discretion in the process of using the Social Network, which is not processed by the Licensor, including achievement of the goals specified in this agreement.
The Licensee agrees that the account data may be as well passed on to third parties in cases, stipulated by the applicable legislation, as well as for protection of the Licensee's, the Licensor's and third parties' rights and interests in order to detect, investigate and suppress illegal acts.
Processing of the Licensee’s account data other information is performed within the period, starting upon registration of the Licensee’s Account to the time the Account is deleted, unless otherwise stipulated by other Social networking regulations and/or by the current legislation.
By placing information on the Social Network, including the account and other data, the Licensee agrees that such information may be accessed by other Internet users, taking into account the existing functionality of the Social Network (which may be altered from time to time by the Licensor), as well as, that the Licensor may restrict the use of information from the Social Network by third parties, including for commercial purposes. Use of information by the Licensor is specified by the present Agreement.
5.4. After the Account registration, the Licensee has the right to fill his/her Account, Personal page, and other elements of the Social Network with Content, add photographs and other materials in accordance with the provided functionality, join communities, and use other features provided by the Licensor, using the Social Network, subject to the present Agreement.
5.5. The Licensee understands and agrees that the information and account data hosted in the Licensee’s Account are available to other Licensees via the Licensee's Personal page, if the access to it is not restricted by the Licensee within the limits of the Social Network functional capabilities.
5.6. Previously registered their Accounts Licensees log onto the Social Network each time via the authorization procedure - by entering their username and password or via automatic authorization based on cookies technology or in any other available and permitted by the Licensor way.
5.7. A person authorized on the Social Network shall be deemed an appropriate user of an Account, the use and management of which were obtained in the result of such authorization, unless there is no evidence of otherwise.
5.8. When the Licensee uses the Social Network, cookies technology may be applied, to automatically log the Licensee on the Social Network, as well as to collect statistical data, in particular Social Network attendance data.
5.9. The Licensee may restrict or prohibit the use of cookies via using the corresponding browser settings.
5.10. Should authorization become unavailable due to the password loss, the Account lockup, or otherwise, the Licensee is entitled to contact the Licensor’s support service or to follow the instructions hosted in the Help section and other sections of the Social Network. Ways of Access recovery and the Licensee authorization may be modified, canceled, or enhanced by the Licensor on a unilateral basis.
5.11. The Licensor continuously undertakes commercially reasonable efforts to ensure the functionality of the Social Network but it cannot warrant the absence of idle periods, resulting from technical malfunctions or preventive maintenance and cannot as well warrant full or partial efficiency of the Applications functioning. The Licensor cannot warrant that the Social Network or any of its elements will be operational at any specified time in the future or that they will not cease functioning.
5.12. The Social Network, including all the scripts, Applications, Content and its design, the mobile version are provided "as is". The Licensor provides no warrants that the Social Network or its elements may be suitable for any specific purpose of use. The Licensor cannot warrant and promise any specific results from the use of the Social Network or its components. The Licensor does not warrant that the Content and Applications hosted on the Social Network, including those hosted by other Licensees, will comply with the Licensee’s individual concept of morals and ethics.
5.13. When using the Social Network, the Licensee shall take precautions with respect to Content, in particular - to Content, posted by other Licensees, other materials and information; when following hosted on the Social Network hyperlinks, when using any files, including software, in order to avoid adverse impact of malicious software on the Licensee's computer, unauthorized access to the Account, password attacks, or any other negative for the Licensee consequences.
5.14. By posting a Content on the Social Network, the Licensee grants the Licensor the right to use the Content exclusively for the purpose of ensuring the functionality of the Social Network via appropriate methods, unless otherwise stipulated by other Social networking regulations.
5.15. The Licensee may not download or otherwise publicize (host on the Social Network, post within the frames of the Social network) Content or other results of intellectual activity of Licensees, the Licensor, and other copyright holders, unless there is an explicitly expressed consent of the copyright holder and/or the necessary amount of rights to perform such actions.
5.16. Reproduction, copying, collection, arrangement, storage, and transfer of information from the Social Network for commercial purposes and/or for the purpose of the Social Network database mining for commercial or non-commercial purposes or its use in whole or in part by any means is not permitted without the consent of the Licensor. Automated scripts (programs, bots, crawlers and other means of automatic information acquisition) shall not be used for information collection and/or for interaction with the Social Network without the consent of the Licensor.
6. Rights and Obligations of the Licensor
6.1. The Licensor performs the Social Network continuous management, determines its structure and layout, permits or limits access of Licensees to the Social Network in the event of violation of the provisions of the present Agreement, and exercises other rights pertaining to it. The Licensee agrees that the Licensor is entitled to use functional and technical capabilities of the software (audio/video player) that displays the Content hosted within the frames of the Social Network, at its sole discretion, including for the purpose of displaying advertising.
6.2. With regard to provision of the opportunity of interaction between Licensees, including providing Licensees the opportunity to independently perform certain actions within the frames of the Social Network, the Licensor appears to be solely a body which provided a technological opportunity for such interaction via the Social network. Transmission, storage and access via the Internet Network and the Social network software to the information, graphic images, and other materials provided by the Licensees, related to such interaction, are performed without altering of such materials or any influence on their contents on the part of the Licensor.
6.3. The Licensor independently deals with the matters of advertisement positioning on the Social Network, participation in affiliate programs, etc.
6.4. The Licensor is entitled to:
6.4.1. at any time change the design and the user interface of the Social Network, its content, the content of provided functions of the Social network, to alter and supplement the used scripts and software, the Licensor’s Content, and other objects used or stored on the Social Network, any Applications and server applications with or without notifying the Licensee;
6.4.2. delete, without assigning any reason therefore and without notice, any Content, including Content that, at the discretion of the Licensor, violates and/or may violate the laws of the EU ( Germany ), the provisions of the present Agreement, the rights of other Licensees or third parties, cause them damage, or create a threat of injury, or endanger them;
6.4.3. delete, at its sole discretion, any information (including Licensee's Personal messages, wall postings, comments to the Licensee’s photos and wall posting, other information and materials), including information hosted by the Licensee on the Social Network in violation of the legislation of the EU ( Germany ) (applicable legislation) and/or the provisions of the present Agreement;
6.4.4. suspend, limit, or terminate the Licensee’s access to all or to any of the sections of the Social network and/or elements of the Social Network, the personal page, Social network communities, groups, Social Network functions, including the activated and non-activated data and commands, delete communities and groups created by the Licensee, at any time without assigning any reason therefore, with or without prior notice, unless otherwise directly stipulated by the current legislation;
6.4.5. delete the Licensee’s Account at its sole discretion, including in the event of violation by the Licensee of the law of the EU ( Germany ) (applicable legislation) or the provisions of the present Agreement;
6.4.6. grant to the Licensee for Remuneration the right to use the activated and non-activated data and commands under the terms, prescribed with the present Agreement and relevant sections and/or elements of the Social network, including Applications;
6.4.7. send messages to the Licensees (including email and text messages, etc.), to notify of introducing new or of canceling old Social Network functions, of new Personal messages, new photos or wall postings comments, published on the Licensee’s Personal page and other information, containing advertising information about the Social Network functions, including new/altered non-activated data and commands;
6.4.8. for the purposes of statistical data collection and the Licensee’s identification, identify and save information about IP-addresses, used by the Licensee to access the Social Network and use technical information files (cookies), stored on the personal computer of the Licensee;
6.4.9. during the Licensees’ use of the Social Network, admonish them, warn, notify, or inform them of non-compliance with the present Agreement; the Licensor’s instructions to the Licensee received under the Social Network use shall be mandatory for the Licensee;
6.4.10. take not forbidden by law steps, to protect the Licensor’s intellectual property rights in relation to the Social Network;
6.5. The Licensor neither considers, nor settles disputes and conflict situations, arising between Licensees or third parties, who published Applications on the Social Network with the consent of the Licensor, during the Licensee's use of such Applications, however, the Licensor, at its own discretion, may assist in the resolution of any arisen conflicts. The Licensor is entitled to suspend, limit, or terminate the Licensee's access to the Social Network (the right to use the Social Network) in case of motivated complaints from other Licensee(s) of improper or unlawful conduct on the part of the Licensee on the Social network.
6.6. The Licensor undertakes the following obligations:
6.6.1. to provide, under the conditions, set out in this Agreement, the right to the Licensee to use the Social Network, including the right to use the non-activated data and commands, within the limits stipulated by the present Agreement;
6.6.2. to notify the Licensee of changes in the terms of the present Agreement via publishing the information or messaging on the Social Network or otherwise.
7. Rights and Obligations of the Licensee
7.1. The Licensee is entitled to:
7.1.1. make settings of the Account and the Personal page, change the username and password used to access the Account;
7.1.2. host his/her personal information in his/her Account, add photographs, wall posting, rate and comment photographs and wall posting of other Licensees;
7.1.3. perform search of other Licensees in Licensees communities, including search, based on information, known to the Licensee and on corresponding information, posted by the searched Licensee on the Personal page;
7.1.4. create new communities and groups and join existing ones, use the Social Network’s functions and Applications, and host in them materials, in compliance with the materials posting requirements, which can be found in the corresponding section of the Social network;
7.1.5. send and receive Personal messages, add posting on other Licensees' walls;
7.1.6. acquire rights to use the non-activated data and commands and to exercise these rights according to the present Agreement;
7.1.7. perform other actions, not prohibited by the legislation of the EU ( Germany ) (applicable legislation) or by the present Agreement, related to the Social network use.
7.2. The Licensee is obliged to:
7.2.1. comply with the terms of the present Agreement without limitation;
7.2.2. provide valid information at the time of registration on the Social Network and Account creation;
7.2.3. not exceed the limits of the Social Network usage, set out in Section 4 of this Agreement;
7.2.4. not otherwise violate the Licensor's intellectual property rights with relation to the Social Network or any of its elements; in particular, the Licensee shall not copy, broadcast, mail, publish, or otherwise distribute or reproduce the materials hosted by the Licensor on the Social Network (text, graphics, audio, or video) without the written consent of the Licensor;
7.2.5. independently take appropriate measures to ensure the safety of his/her Account and Personal page and prevent unauthorized access to them of third parties (in particular, ensure that his/her password is not saved in the browser, including under employment of cookies technology, during possible use of the Licensee’s computer device by third parties);
7.2.6. follow instructions of the Licensor, related to the Social Network use, in particular those, given by the Licensor to the Licensee or a group of Licensees on the Social Network, in the Users (Licensees) Support Center, in the news section of the Social Network; in the event of nonfulfillment of such instructions by the Licensee, the Licensor shall have the right to suspend, limit, or terminate provision to the Licensee of the rights to use the Social Network, including the rights to use the non-activated data and commands;
7.2.7. upon request of the Licensor, according to conclusion and performance of the present Agreement, confirm his/her account data, including surname, name, patronymic, and other data;
7.2.8. keep from posting photographs that depict persons other than the Licensee without their prior consent, save for the cases when, such consent is not required under an article of the EU (Germany) Civil Code;
7.2.9. notify the Licensor of all actions, performed towards the Licensee on the Social Network, that may be considered to be offensive, derogatory, defamatory, etc;
7.2.10. at times review the content of the present Agreement in the Internet Network at https://followmylive.com/index.php/terms/ licence and monitor the amendments made;
7.2.11 comply with other requirements and perform other obligations stipulated by the present Agreement and/or hosted in corresponding sections of the Social Network.
7.3. The Licensee warrants that he/she possesses the necessary authority and active legal capacity required to enter into the present Agreement.
7.4. The Licensee is not allowed to:
7.4.1. collect account data of other Licensees and/or other information from the social network without the Licensor consent;
7.4.2. use any automatic or automated means of collecting information hosted on the Social Network;
7.4.3. exercise propaganda or outreach, inciting social, racial, national, or religious hatred and enmity, saber rattling or social, racial, national, religious, or linguistic superiority, disseminate other information, prohibited from proliferation by the applicable legislation;
7.4.4. host on the Social Network or transmit via Personal messages restricted information (confidential information) of third parties, unless the Licensee has sufficient authority under the law or the contract for the information disclosure;
7.4.5. host, reproduce, process, distribute, post on the Social Network, publicize, transfer, sell, or otherwise use in whole or in part the Content, belonging to the Licensor, Licensees and third parties, being the subject to copyright or other exclusive rights without prior consent, unless otherwise stipulated by the present Agreement and the current legislation of the EU( Germany ), or except to the cases where the copyright holder explicitly consented to free use of his/her own content by any person; by uploading audio, video, or other Content on the Social Network, or by hosting Content on the Social Network in any other way, the Licensee confirms that he/she has all the required legal capacity to perform such actions, including the right to publicize; that such hosting does not and will not violate the rights or legitimate interests of the copyright holders and third parties, and that all the necessary consent of the respective copyright holders and third parties has been duly and explicitly obtained; the Licensee is not allowed to post Content on the Social Network, unless he/she has the necessary rights for that and/or the copyright holder’s consent;
7.4.6. host on the Social Network on open access (among wall posting, in comments, and/or statuses) or transmit via Private messages text messages, graphic images, or other materials that are offensive to other Licensees or other persons, or may be considered as such, as well as messages, graphic images, or other materials that defame Licensees or other persons, contain threats, or incite violence, criminal violations, antisocial or immoral actions, or any other acts contradicting principles of public order and morals;
7.4.7. host on the Social Network messages, graphic images, or other materials (including those that are untrue) if such publication causes or may cause damage to the honor, dignity, and business reputation of a person or business reputation of an organization;
7.4.8. host on the Social Network messages containing swear words and expressions;
7.4.9. host on the Social Network materials of pornographic nature with the involvement of minors;
7.4.10. host on the Social Network information that promotes suicide, describes suicide methods, or contains any incitement to commit it;
7.4.11. host on the Social Network advertising or other information on narcotic or psychotropic substances, including information on the distribution of narcotics, recipes of their production, and directions regarding their use, as well as post information of extremist nature;
7.4.12. host on the Social Network information that violates the rights of minors;
7.4.13. host on the Social Network information of illegal nature;
7.4.14. host on the Social Network personal information, including contact data, of other Licensees or other persons without their prior consent;
7.4.15. indicate during the Account registration or introduce later knowingly fraudulent information or another person’s information;
7.4.16. post on the Social Network, as his/her own, photographic images of other persons without their consent or fictitious characters, images of animals, objects, abstract images, or any other graphic images being not images of the posting them Licensee, without corresponding consent of copyright holders (authors) of such images;
7.4.17. register the Licensee Account in order to be used by a group of persons or by an organization;
7.4.18. register more than one Account for the same Licensee;
7.4.19. pursue actions aimed at the Social Network functioning disruption; carry out efforts of unauthorized access to the Social Network management or its private sections (including sections with only a Licensor access); as well as perform suchlike;
7.4.20. gain unauthorized access to other Licensees Accounts via password attack or entering the password as well as carry out efforts of such access;
7.4.21. perform spamming - bulk mailing of business, political, advertising, or other information (including hyperlinks leading to websites with such information and/or to the websites containing malicious software) via Personal messages, comments, wall posting, posting on Licensees Personal Pages, or by means of performing other actions aimed at dissemination of such information unless recipient Licensees have expressed their consent to receive such information;
7.4.22. use the Social Network to search for debtors or for similar purposes;
7.4.23. host on the Social Network information, as well in groups, that promotes, advertises, or increases the popularity of tobacco or tobacco products, pharmaceuticals, narcotics, hard liquors or low-alcohol beverages;
7.4.24. host on the Social Network other information which, in the opinion of the Licensor, disagrees with the policy and the purpose of the Social Network.
8. Warranties and Liability
8.1. The Licensee hereby warrants that his hosting of information, Content, other legally protected results of intellectual activity, their parts or copies, as well as other materials on the Social Network, or distributing them via Personal messages, does not violate anyone's rights or legitimate interests. In the event of complaints of third parties regarding a breach of the terms of the present Agreement to the extent applicable to posting information and/or Content of third parties, the Licensor is entitled to transfer, to the extent permitted by law the available to it Licensee’s contact information to the claimants in order to settle the arisen disputes.
8.2. The Licensee warrants that he/she will take appropriate measures to ensure confidentiality of the account information (the username and the password), he/she uses for authorization on the Social Network and to prevent the possibility of authorization by other persons.
8.3. The Licensor observes privacy of correspondence, performed by the Licensees via Personal messages.
8.4. The Licensor warrants using from its side the Licensee’s email address and mobile phone number, indicated in the Licensee’s Account, for communication between the Licensor and the Licensee, sending notifications and text messages to the Licensee, as well as for providing the Licensee the Social Network functions with consent of the Licensee, which may be expressed via the Social Network functional capabilities, unless otherwise stipulated by he present Agreement or by the current legislation.
8.5. The Licensor does not take part in formation of the content of the Licensee's Personal page and in uploading the Content, does not control the Licensee's activity, and does not have technical ability to carry out automatic censorship of information in the public access sections of the Social Network or in the Licensees’ Personal Pages, as well as censorship of Personal messages, and shall not be liable for acts or omissions of the Licensee (save for special technical solutions, which could be implemented in order to prevent and suppress violations of third persons rights for results of intellectual activity).
8.6. Because of particular properties of the Social network functioning, the Licensor does not perform and has no technical ability to perform premoderation of the information and the Content posted by the Licensee and shall not be liable for its content.
8.7. The Licensor shall not be liable for possible failures or idle periods in the Social Network functioning or information loss, caused by them. The Licensor shall not be liable for any damage to the Licensee’s computer, mobile devices, or any other hardware or software caused by or associated with the use of the Website or other websites accessible by hyperlinks hosted on the Website.
8.8. The Licensor shall not be liable for password attacks of third parties performed in order to access the Licensee’s account or for any acts committed by them, using the Licensee’s Account.
8.9. The Licensor shall not be liable for any damage, including loss of expected profits or damage resulting from the use of the Social Network, the Content published therein, or other materials, to which the Licensee or other persons gained access via the Social Network, even if the Licensor warned of or pointed out the possibility of such damage or loss.
8.10. The Licensee shall be responsible for illegal acts carried out using his/her Account as well as in connection with the Content hosted on the Social Network via his/her Account, on the Personal page of the Licensee or other Licensees, in wall posting, comments, or other sections of the Social Network and/or the Website.
8.11. The Licensee shall be personally liable for any Content or other information that he/she hosts on the Social Network or otherwise communicates to the public on the Social Network or by using it. The Licensee shall undertake to independently resolve claims of third parties, related to illegal hosting of Content or information on the Social Network.
8.12. Hyperlinks to any site, product, service, or commercial or non-commercial information, hosted by the Licensee on the Social Network, posted on walls of Personal Pages, etc. shall not constitute endorsement or recommendation of the said products (services) on the part of the Licensor. The Licensor shall not be liable for damage caused to the Licensee as the result of such clickthroughs.
8.13. The Licensor shall not be liable for any illegal acts of the Licensee or any third parties while using the Social Network.
8.14. The Licensor shall not be responsible for the statements the Licensee posts on the Social Network. The Licensor shall not be liable for the conduct of the Licensee on the Social Network or his/her disrespect for other Licensees.
8.15. The Licensor shall not be liable for any loss by the Licensee of access to his/her Account on the Social Network (loss of username, password, or other information required for use of the Account or Personal page).
8.16. The Licensor shall not be responsible for incomplete, inaccurate, or incorrect data indicated by the Licensee when creating the Licensee’s Account or Personal page.
8.17. If the Licensee uses game Applications on the Social Network, the Licensor shall not be liable for any loss by the Licensee, during gameplay, of game values previously acquired in the result of participation in such game Applications.
8.18. The Licensor shall not be responsible for lack of Internet connection of the Licensee, for the quality of services of Internet service providers with which the Licensee concluded agreements for provision of Internet access.
8.19. The Licensor does not convert into cash or non-cash values of the Social Network, obtained by the Licensee in the course of its use, including virtual values.
8.20. The Licensor shall not cover Licensee's expenses, associated with the acquisition by the Licensee of the rights to use the non-activated data and commands use, including in case of suspension or termination of the present Agreement for any reason, unless otherwise directly stipulated by the current legislation.
8.21. The Licensor shall not be responsible for direct or indirect damage or loss of expected profit incurred by the Licensee or other third parties, arising out of:
8.21.1. use or loss of use of the Social Network;
8.21.2. unauthorized access of any third parties to personal information of the Licensee, including the Licensee’s Account and Personal Page;
8.21.3. a claim or behavior of any third party on the Social Network;
8.21.4. deletion of an Account or inactivation of a certain Social Network element or the Social Network in general.
8.22. Under any circumstances, the Licensor’s liability to the Licensee is limited to the amount of 3,000 (three thousand) rubles, at that, loss of expected profit is not the subject to reimbursement unless otherwise directly stipulated by the current legislation.
8.23. The Licensor is under no obligation to provide to the Licensee any evidence, documents, etc., indicating violation by the Licensee the terms of the present Agreement, as the result of which the Licensee was denied the right to use the Social Network or its particular functions/sections/pages, as well as the rights for the non-activated data and commands.
8.24. Claims of the Licensee, sent to the Licensor, are accepted and reviewed, subject to availability of ascertaining the fact of assignment of the Account to a particular person. Taking into consideration possible existence of Accounts with similar account information, the Licensor is entitled to claim for additional data and information, including those in relation to the Licensee’s Account, enabling to determine, which Account the claim is related to or to establish assignment of the Account to the claimer.
8.25. The Licensor shall not be liable for any harm to the health of the Licensee, which may be caused to the Licensee due to use of third persons' Applications. The Licensee is hereby notified that Applications may provide a variety of audio and/or video effects, which, under certain circumstances, may cause in people, prone to epileptic or other disorders of the nervous system, aggravations of the said maladies, and the Licensee warrants that he/she does not suffer from the said disorders, or undertakes not to use the Applications. The Licensee is hereby notified that regular long-term (continuous) use of a personal computer may cause various aggravations of his/her physical condition including impaired vision, scoliosis, various forms of neurosis, and other negative effects on one's organism. The Licensee warrants that he/she will use the Application solely within a reasonable time, taking breaks for rest or other recommended or appointed preventive health activities, if any.
9. Rights to Use the Non-activated Data and Commands'>
9. Rights to Use the Non-activated Data and Commands
9.1. The present section of the Agreement regulates the procedure and terms of granting by the Licensor the rights to use the non-activated data and commands to the Licensee.
9.2. According to the Licensee's choice, the Licensor grants to the Licensee for Remuneration rights to use the non-activated data and commands, allowing the Licensee to increase in the Social network the amount of virtual values, used within the frame of functional capabilities of the Social network. The amount and the terms of lodging with the Remuneration are determined by the Licensee and depend on the amount of data and commands, the Licensee requires to achieve a certain result, stipulated by functional capabilities of the Social network. The said terms are contained in the present Agreement and/or in the corresponding sections of the Social network. The right to use the non-activated data and commands is granted by the Licensor, starting upon displaying the virtual values by way of "Votes" in the Licensee's Account. Since that time, the Licensee is granted the right to use the non-activated data and commands in the extent, corresponding to the amount of virtual values by way of "Votes", under the terms of the present Agreement. Virtual values by way of "Votes" are displayed in the Licensee's Account after acquisition of the information from third parties (payment services, operators, billing aggregators) on the payment delivery (confirmation).
Correspondence between the extent of the non-activated data and commands and the amount of virtual values by way of "Votes" is defined by the Licensor. Correspondence between the rate of the Remuneration and the amount of virtual values by way of "Votes" is defined by the Licensee.The right to use the non-activated data and commands is granted to the Licensee for the term of the present Agreement, unless such right is forfeited in accordance with the Social network regulations. Lodging with the Remuneration is performed by the Licensee via money means, in the currency of the corresponding territory in compliance with the established by the Social network procedure of conversion. The rate of the Remuneration is determined by the Licensor depending on the amount of the non-activated data and the commands, the right of use of which is granted to the Licensee.Starting upon displaying the virtual values by way of "Votes" in the Licensee's Account, The Licensee shall not demand a refund of the Remuneration, paid for obtaining such rights, unless otherwise directly stipulated by the current legislation.
9.3. Lodging with the Remuneration is performed by the Licensee in the way of money means transfer via supported payment methods. The list of available payment methods is to be found in the corresponding sections of the Social network.
9.4. During the Remuneration payment, the Licensee undertakes to follow payment instructions towards the payment procedures and ways, as well including by the rules of a message and text messages (SMS) numbers input, including uppercase and lowercase letters, numerical symbols input order and the input language. Granting the Licensee the right to use the non-activated data and commands is ensured subject to attached instructions and payment terms. The Licensor shall not be liable for fulfillment of the terms of payment correctness. Any matters of the rules and procedures of using payment services to pay for acquiring the right to use the non-activated data and commands should be referred by the Licensee to payment service providers or billing aggregators/operators. The Licensor shall not give the Licensee any clarifications regarding rules and procedures of using such payment services, as well it shall not reimburse the funds, paid to acquire such rights via payment services, operators, billing aggregators, if such payments were made with violation of the rules, laid down by such entities, as the result of which the Licensor did not receive the money.
9.5. The Licensee shall be granted the right to use non-activated data and commands only upon condition of full payment of such rights by the Licensee in accordance with the conditions of the present Agreement, unless a different procedure is included into the Agreement or separately specified by the Licensor. At that, before the payment confirmation is received, The Licensor has the right to not to grant the rights of use to the Licensee or to grant them to a limited extent.
9.6. In case, in the result of a technical error or the Social Network or one of its elements failure, or voluntary actions of the Licensee, the latter gets access to the non-activated data and commands without acquiring the right to use them in the way, determined by the present Agreement, the Licensee undertakes to inform of the fact the Licensor and to pay the Licensor the Remuneration, or to mitigate all the effects of the received rights misuse. The Licensor has the right to independently mitigate such effects without informing the Licensee.
9.7. The Licensee shall retain the documents confirming his Remuneration payment during the entire period of the Social Network use, and at the Licensor's request present the documents, as well as the information regarding the circumstances of his making such payment.
9.8. The Licensor possesses the exclusive right to disseminate non-activated data and commands, for which reason none of third parties offers regarding the rights of use of such data and commands could be estimated by the Licensee as proceeding from the Licensor. In the event of disputable, ambiguous situations, or any sent out third parties' offers regarding payment of the rights to use the non-activated data and commands, or hosting such advertisements and offers in the Internet Network, save for the ones, hosted on the Website on behalf of the Licensor, the Licensee shall promptly give notice to the Licensor. If the Licensee makes a payment in violation of this paragraph through the said advertisement using the billing details listed in that advertisement, the Licensee's claims, regarding his lack of the non-activated data and commands, shall not be accepted and the Licensor shall not reimburse the funds, spent by the Licensee under such circumstances.
9.9. In case the Licensor ascertains that the Licensee acquires the rights to use the non-activated data and commands from third parties, the Licensor has the right to suspend, limit, or terminate the right of the Licensee to use the Social Network.
9.10. Acquiring the rights to use the non-activated data and commands shall not excuse the Licensee from observance of the present Agreement and from imposition of any sanctions indicated in the present Agreement, including suspending or terminating the right to use the Social network and/or deletion of the Licensee's Account by the Licensor unless otherwise directly stipulated by the current legislation.
9.11. The Licensee warrants that the Licensor has the right to use the chosen by the Licensee funds for the Remuneration payment in compliance with the legislation of the Russian Federation and/or of the legislation of other country, of which the Licensee is a citizen, as well as of the rights of third parties. The Licensor shall not be liable for additional fees, charged by the payment funds operators and for possible damages suffered by the Licensee and/or by third parties due to the Licensee’s use of funds for payment, not belonging to him/her.
9.12. The Licensor shall not be liable for any illegal acts of the Licensee during the Remuneration payment. The Licensor reserves the right to unilaterally suspend or terminate the rights of the Licensee to use non-activated data and commands if the Licensee is suspected in commission of illegal actions until the circumstances are clarified, unless otherwise directly stipulated by the current legislation.
9.13. If the Licensor has reasons to believe that the Licensee is committing illegal activity related to the Remuneration payment, the Licensor is entitled to hand the corresponding information over to law enforcement authorities to investigate the fact..
9.14. Particulars of the Remuneration payment by the Licensee via bank cards:
