WEBSITE USER AGREEMENT
1. By accessing or using the website www.iptg.ru, you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement:
This User Agreement (hereinafter: “User Agreement”), as well as the applicable law of the Russian Federation, governs your access and use of the website www.iptg.ru, which includes any services and software (hereinafter jointly referred to as the “Site”). Unless you accept this User Agreement fully and agree to abide by it without any exception and reservation, please exit the Site now.
2. Exclusive Copyright in the Site
The exclusive rights for the intellectual property and trademarks, service marks and indicia that form the Site content, including all texts and images (hereinafter: “Content”) are owned by IPT Group Ltd. (hereinafter: the “Company”) or used by the Company on the Site by permission of the holders of such exclusive rights.
Any Content that represents a trademark, a logo or a service mark is a registered trademark of the Company or other entities, used by permission.
Subject to exceptions set out in this User Agreement, you may not use any part of the Content unless by a written permission of the Company or another holder of an exclusive right. The Company monitors the Site users’ compliance with exclusive copyrights. Infringers will be prosecuted.
3. Use of the Site
The Company grants you the following limited right to use the Site:
• You may not redistribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from or based on, transfer, sell or otherwise use the Site Content unless by a written permission of the Company;
• You may not use the Site to post or transmit any materials that infringe on intellectual property rights, contain threats or false information, misleading statements, statements of offensive nature, harassment, libels, defamation, materials of indecent, obscene, scandalous, seditious, pornographic or blasphemous nature, as well as any other materials that represent or encourage misconduct and behavior that is in breach of the applicable law of the Russian Federation – the Company shall render all possible assistance to law enforcement agencies and comply with all court orders and administrative orders that require the Company to disclose to the relevant authorities the personal data of the user who displays or transmits any such information or materials;
• You may not impersonate another person, including the Site moderator or a representative of the Company and its affiliated entities. You may not present false pretenses or false information regarding your relations with the persons associated with the Site; you may not affirm or imply that the Company stands by any of your statements;
• The Site may not be exploited for the purposes of advertising or any commercial mediation. No part of the Site, including the use of and access to it, may be commercially exploited in any other way;
• The Site may not be used to post or transmit viruses, worms, Trojan horses, Easter eggs, time bombs, spyware and other code, files or computer programming routines that may cause harm, contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, software or hardware;
• You may not use the Site to violate other persons’ rights or process other users’ personal data;
• You may not interfere with or obstruct the use of the Site by other persons, interfere with the operation of the Site or the servers and networks that support it; you must comply with the requirements, procedure, terms and conditions of such networks’ operation;
• You may not modify, adapt, translate, decompile, disassemble or reverse engineer any portion of the Site.
4. Software, Special Materials, Submitting Competition Entries and User Content
The Company may from time to time grant the Site users access to special information on the Site, including information regarding Competitions and interactive services that allow displaying or posting information and materials on the Site (the said content and services are jointly referred to as “Special Materials”), as well as certain software tools that may be used for various purposes, including listening to the music posted on the Site, communicating with other Site users or creating content (the said software tools are jointly referred to as the “Software”).
Special Materials and Software, information and materials posted by the Site, as well as all the software that supports its operation, are the property of the Company, its licensors and vendors, and are protected by their respective copyrights, trademarks, patents and/or other rights, as well as the intellectual property law. Subject to this User Agreement and to having the Company’s permission to access and use the Site, you may download and view one (1) copy of any accessible information and Software from this Site on one computer for the purposes of personal, non-profit, domestic use, provided that you keep intact all symbols of copyright or other protected rights. Unless the Company has authorized you to do so in writing, you cannot copy, reproduce, modify, lease, lease out, borrow, sell, distribute, adapt, translate, create derivative works from or based on (whether entirely on in part), decompile, disassemble, reverse engineer any Special Materials, Software or any part of the Site or the materials posted on the Site. The use of certain types of Software is governed by End User License Agreements (EULAs), which you may have to accept and enter into with the Company prior to using the said Software.
When posting information and materials in the interactive sections of the Site (hereinafter: “User Content”), you hereby accept and agree that you will grant the Company and its Affiliated Entities a non-exclusive, charge-free license to: (a) use, copy, modify (including unrestricted editing, amending, translating and reformatting), create derivative works from, transmit, display and perform, whether in public or otherwise, the said User Content (including unrestricted use of your voice or image that are part of the User Content) by any means, whether already known or invented at a future time, for the purposes of commercial activity of the Company and its Affiliated Entities, as well as (b) transfer the said rights to third parties by sublicense without any restriction. This license shall be valid for the entire period of validity of the exclusive rights in intellectual property. With respect to each element of the User Content you hereby represent and guarantee that you do hold all the rights necessary for granting the licenses specified in this clause (including, but not limited to, the rights for musical compositions and/or soundtracks that are part of the User Content) to the Company and its Affiliated Entities, and that the User Content, as well as the method of its creation and posting on the Site, do comply with the applicable law of the Russian Federation and do not infringe on third parties’ intellectual property rights or other rights.
With respect to submitted entries and User Content, you hereby accept and agree that the Company (a) reserves the right (but is not bound) to evaluate and assess each entry and any User Content prior to, or at the time of, their posting on the Site, including by participation of the Site users through user polls or through other means associated with the Site; (b) may at its own discretion do any of the following: (i) assess submitted entries and User Content; (ii) modify, delete or deny posting or storing of entries or User Content; (iii) control and/or filter your messages transmitted via the Site (including, but not limited to, by means of blocking or replacing coarse language and texts which may be deemed harmful or abusive); as well as (iv) disclose submitted entries, User Content and any messages transmitted via the Site, including the facts related to such transmission, to a third party, in order to ensure uninterrupted operation of the Site; to protect the Company, its Affiliated Entities and their employees, executives, directors, shareholders, agents, representatives, partners, as well as the Site users and visitors; to fulfill its legal obligations or requirements of state authorities; to comply with this User Agreement, or for any other purpose. Moreover, the Company and its Affiliated Entities have no control over and shall not be liable for any damage caused by a third party’s use (including re-publication) or improper use of information voluntarily disclosed in any entry, User Content or any other part of the Site.
Be advised that other Site users may post incorrect, misleading, false or abusive messages or statements.
The Company and its Affiliated Entities do not stand by and accept no responsibility for opinions, advice, information and statements expressed by users or any other third parties. The Company and its Affiliated Entities assume no responsibility for information and materials posted as part of Special Materials (including, but not limited to, errors or omissions in the materials, links or images embedded in messages or profiles), as well as for the outcome of anyone’s use of the said materials and information.
The Company, its Affiliated Entities, their employees, executives, directors, shareholders, agents, representatives and partners shall not be liable for any losses and damages caused by the use of the said materials and information, unless it has been determined by a court that such losses or damages have been caused to users by the Company or its Affiliated Entities through a deliberate breach of obligations. Opinions expressed in Special Materials are exclusively those of their authors and do not necessarily reflect the opinion of the Company and its Affiliated Entities.
IF YOU WISH TO INCLUDE YOUR PERSONAL DATA OR ANY OTHER INFORMATION IN A POSTED ENTRY OR OTHER USER CONTENT ACCESSIBLE TO GENERAL PUBLIC, YOU DO SO AT YOUR OWN RISK.
5. Registration, User Name, Password
To access certain sections of the Site, you may need a special registration on the Site. When registering, the Company may deny you a user name (or an email address) if it has already been registered by another person; may be deemed an impersonation; is owned by another person; infringes on other persons’ intellectual property rights or other rights; is of abusive nature; as well as names rejected by the Company at its discretion. You must keep the password for accessing the Site in secret; you may not transfer to others your password and user name or otherwise assign the use of or the access to the Site. You alone bear the responsibility for all interaction with the Site that takes place with the use of your password and user name. You must notify the Company immediately of any unauthorized use of your account or user name, as well as any other security issue with your account or the Site; you must also log off your account on the Site (if required) at the end of each session. The Company shall not be liable for any losses you may incur as a result of breach of any of the above-mentioned obligations.
6. Privacy of Data
You hereby represent and guarantee that all information, which you provide in connection with the use of the Site, is both true, accurate and complete at present and shall remain so in the future; you also agree to maintain and update that information regularly. You hereby accept and agree that, should any of your information be found false, inaccurate, outdated or incomplete, we may deny you the right to use the Site.
7. Warranty Disclaimer
THE SITE AND ALL THE SOFTWARE, SPECIAL MATERIALS, CONTENT AND USER CONTENT ON THE SITE MAY BE MODIFIED AT ANY TIME AND ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND REGARDING THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE.
The Company neither guarantees nor affirms that your use of the Site, Software, Special Materials, Content or User Content does not infringe on third parties’ rights or that the said information is accurate, complete and up-to-date.
With respect to messages, Competition entries and other materials that may be placed on the Site, the Company shall not be liable for presence of persons on the Site who violate the rights of others, as well as presence of materials on the Site which are of threatening, false, misleading, offensive, harassing, slandering, defamatory, indecent, obscene, scandalous, seditious, pornographic or blasphemous nature, and materials that may represent or encourage what may be deemed misconduct.
8. Limitation of Liability
AS YOU USE THIS SITE, AS WELL AS THE SOFTWARE, SPECIAL MATERIALS AND MATERIALS ACCESSIBLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. NEITHER THE COMPANY NOR ITS AFFILIATED ENTITIES, NOR OTHER ENTITIES THAT PARTICIPATE IN THE CREATION, LAUNCH AND OPERATION OF THE SITE, NOR THEIR DIRECTORS, EXECUTIVES, EMPLOYEES, AGENTS, MEMBERS AND SHAREHOLDERS, LICENSORS AND REPRESENTATIVES SHALL BE LIABLE FOR ANY LOSSES AND DAMAGES THE USERS MAY INCUR THROUGH THEIR USE OF THE SITE, UNLESS IT HAS BEEN DETERMINED BY A COURT THAT SUCH LOSSES OR DAMAGES HAVE BEEN CAUSED TO THE USER BY THE COMPANY OR ITS AFFILIATED ENTITIES, OR OTHER ENTITIES THAT PARTICIPATE IN THE CREATION, LAUNCH AND OPERATION OF THE SITE, OR THEIR DIRECTORS, EXECUTIVES, EMPLOYEES, AGENTS, MEMBERS AND SHAREHOLDERS, LICENSORS AND REPRESENTATIVES THROUGH A DELIBERATE BREACH OF THEIR OBLIGATIONS.
9. Links to and from Third-Party Websites
The Site may contain hyperlinks to websites operated or controlled by third parties. Such hyperlinks are provided for convenience only. The Company has no control over such websites and assumes no responsibility for their content, confidentiality policy or security. The Company shall not be liable to the users in the event these third-party websites:
• infringe on any third parties’ intellectual property rights, contain inaccurate, incomplete or erroneous information;
• are unsuitable for commercial or any other particular purpose;
• are not secure enough;
• contain viruses or other malware;
• contain libels or statements of defamatory nature.
The Company does not imply any endorsement of the content, products or services offered by those websites. As you establish hyperlinks to such websites, you do so at your own risk and without the Company’s authorization.
You hereby undertake to indemnify and hold harmless IPT Group Ltd., the Affiliated Entities and all other entities that participate in the creation, launch and operation of the Site, as well as their respective directors, executives, employees, agents, shareholders, licensors and representatives, from and against all lawsuits, losses, expenditures and costs (including, but not limited to, legal fees) which any of them may incur arising out of (a) the use of the Site, Services and Software or any activity related thereto; (b) a breach of this User Agreement that has been committed by you or through your account; or (c) statements to the effect that any Entry or User Content that has been distributed or created through the Site or with the use of the Site Services or Software, violates third parties’ copyright, trademarks, trade secret, privacy right, intellectual property right or any other right.
11. Termination of Access to or Use of the Site
You hereby accept and agree that the Company may, at its own discretion and at any time and for any reason, deny you access to the Site and Special Materials, including the cases the Company believes you have breached this User Agreement or have not abided by it. Should this be the case, you shall immediately lose the right to use the Site and Special Materials. You accept and agree that your access to or use of the Site may be terminated without any prior notice and that the Company may instantly freeze or delete your account and password, as well as all data and files associated with them and/or any subsequent access to those data and files.
12. Modifications of the User Agreement
The Company reserves the right to modify this User Agreement by revising the terms and conditions herein, at any time and without prior notice. Inasmuch as such revised documents do apply to you, you are responsible for visiting this webpage regularly and viewing this User Agreement.
When using Special Materials or Software posted on the Site, you hereby undertake to abide by all applicable additional instructions, terms and conditions, which are incorporated into this User Agreement by reference.
13. Modifications of the Site
The Company reserves the right, at any time, periodically, completely or in part, temporarily or permanently: modify, terminate or shut down the Site, Special Materials or Software, whether with or without a prior notice; restrict, at its own discretion, access to the Site for certain persons, geographical territories or jurisdictions; charge fee for accessing the Site; alter or cancel the fee charged in connection with the Site; and/or offer certain options to some or to all Site users.
You hereby accept and agree that neither the Company nor any Affiliated Entities are liable to you or any third party for any modification or temporary or permanent, partial or complete shutdown of the Site or any Special Materials, Software, Content, Entries, functions or products offered on the Site.
By continuing to use the Site after such modifications, you shall be deemed to have accepted and agreed on the same.
14. Applicable Law and Dispute Settlement
This User Agreement and the rules of using the Site are governed by the law of the Russian Federation.
Should any dispute arise, the Company and the user shall undertake all actions towards a friendly resolution of all disputes or disagreements that may have arisen between them, by means of negotiations. In the event the Parties fail to achieve a friendly resolution of their dispute or disagreement, such disputes and disagreements shall be referred to a court in order to be settled in accordance with the applicable law.
If any part of this User Agreement is found to be invalid or unenforceable, the remainder shall continue to be valid and in full force.
16. Regulations for Competitions, Lotteries, Polls and Similar Events
17. Contact Data for Users’ Suggestions and Complaints
Any suggestions addressed to the Company may be submitted through the Site.
All user complaints should be sent to the Company’s address:
27 Solzhenitsyn Street, Moscow, 109004, Russia
Phone: +7 495 956 0370
18. Void Where Prohibited
Although this Site may be accessed from any part of the word, not all services mentioned in it are accessible to all persons, to all geographical regions or to all jurisdictions. Moreover, not all persons may participate and win awards or prizes in competitions, lotteries, contests, polls and similar events that take place on the Site. We reserve the right to restrict access to this Site, as well as rendering of any services, to any persons, at any geographical region or in any jurisdiction at our own discretion and at any time.
1. General provisions
2. Personal data
The Company does not intend to collect information deemed to constitute personal data under the applicable law of the Russian Federation, such as your surname, name, patronymic, year, month, date and place of birth, residential address, marital, social and financial status, education, occupation, level of income, telephone number, email address and other information (“Personal Data”) through the Company Sites, unless the data have been voluntarily submitted by yourself. Your voluntary submission of your Personal Data shall be deemed to confirm your acceptance and agreement to the processing of your Personal Data by the Company, including their cross-border transfer in accordance with the applicable law of the Russian Federation on protection of personal data. The Company hereby undertakes to ensure privacy of your Personal Data, which you have submitted, and may share them only with entities and persons who either are affiliated with the Company or have entered into agreements with it on equivalent terms and conditions with respect to privacy of Personal Data. Should you not wish that your personal data be processed, do not submit them.
3. Processing of Personal Data
In the event you submit your Personal Data, the Company may process them in the following manner, unless otherwise indicated: it may store, systemize, collect, amass, clarify, use, depersonalize, transmit these data in order to explore consumer demand and improve the quality of its products and services. The Company (or other entities acting on our behalf within the scope of advertising campaigns) may use your Personal Data in order to contact you; and/or we may provide summarized (modified) information about the users and visitors of the Sites to third parties.
4. For the attention of the parents of underage users of the Sites
The Company shall not process Personal Data of those under the age of eighteen. Whenever necessary, the Company shall warn the minors that such data should not be submitted on the Sites or that one should do so only by the parents’ permission.
5. Additional information received by the Company automatically
In certain cases, whenever you enter the Site the Company may automatically (i.e., without registration) receive information of technical nature which does not constitute Personal Data. Such information includes the type of your web browser, the type of your computer’s operating system and the domain name of the website through which you entered the Site.
6. Information placed on your computer automatically — Cookies