This End-User License Agreement is effective as of May 7th, 2018.
Terms and definitions
- Company or Licensor shall mean INOS,OOO, OGRN (Primary State Registration Number) 1147448012546, address: 160, Anoshkina St., 10, Chelyabinsk, Chelyabinsk Region, 454021, which grants the right to use the Service under the conditions of a simple non-exclusive license.
- Service or the Application shall mean an interactive service " Arnament" (information, communication, advertising, entertainment or otherwise), which is a computer program – an application for mobile devices, which is a collection of data and commands activated by the User to achieve a certain resolt provided by the application's functional orientation, without paying a fee (activated data and commands) and after making a payment (non-activated data and commands). The rights to use data and commands, both activated and non-activated, are transferred by the Company to the User on the terms and conditions specified in this Agreement. To ensure the rights and obligations of the parties arising under this Agreement, the User reproduces a part of the data and commands predetermined by the Company on his device, while the set of other data and commands (including non-activated) is placed by the Company on the Servers operated by it.
- User or You or Licensee shall mean an individual, receiving the right to use the Service in accordance with this Agreement and within its limits. If the User is not folly legally capable, the use of the Service is carried out only under the control of his legal representative; All actions carried out by the User in the Application are performed with the consent of the legal representative.
- Parties shall mean jointly the User and the Company.
- Agreement or EolA shall mean this End-User License Agreement between the Company and the User, containing all the necessary and essential terms of the license agreement for granting the rights to use the Application as a computer program.
- Content or Materials shall mean logos, graphic interfaces, graphic materials, design, compilation materials, information, software, machine code (including source code or object code), services, text data, images posted and published in the Service and / or using it , information, data, sound and other files, as well as their selection and layout.
- Messages shall mean messages sent by the You using the Application, which may include Content, the time of availability of such Messages to You and other Users is limited.
- Store shall mean an element of the Application that allows the User to make purchases within the Application.
- Basic functionality shall mean free functional (software) capabilities of the Application – activated data and commands that provide access to the capabilities of the Service provided to the User under the conditions of a simple non-exclusive license.
- Paid functional shall mean the right to use non-activated data and commands that provide access to additional functional (software) features of the Service, provided to the User under the conditions of a simple non-exclusive license only after they have been paid in accordance with the procedure established by the Company.
- Remuneration shall mean the fee of the User of the Company for providing Paid functional.
- Account shall mean an element of the Service that allows the User to manage the Content placed by it and the Service Functionality available to it.
- User Content shall mean Content published by Users.
- Geolocation shall mean the geographical location of the device from which the messages are posted in the Service, reported by the User's device while received using global satellite navigation and positioning systems GPS and / or GLONASS.
Subject of the Agreement
- Under this Agreement and subject to the User's compliance with its terms and conditions, the Company grants to the User, under the terms of a simple non-exclusive license, the right to use the Application within the limits specified in this Agreement.
- Using the Service, the User agrees to comply with the terms and conditions described in this Agreement, which governs the use of the Service. The provisions of this Agreement are mandatory for all Users using the Service.
- By registering at the Service User confirms that his age is sufficient for such registration under the applicable laws and/or he has all necessary consents (e.g. parental consents) in foll compliance with the applicable laws, including for purposes of data protection laws, otherwise the registration at the Service and its using is prohibited.
- The user can read the current version of the Agreement by clicking on the following link: arnament.com/Home/Policy.
- With each access and / or actual use of the Service, the User agrees with the terms of this Agreement, as well as with the terms of other agreements, regolations and roles posted on the pages (in sections) of the Service that operated at the time of the actual use of the Service.
- When using the Service, the User shall abide any additional guidelines or roles applicable to certain services and components that may be posted in the Application. All such roles are part of this Agreement.
- The licensee has the right to use activated and non-activated commands on the terms of this Agreement.
- The Company's obligation to grant rights to use non-activated data and commands is deemed to be performed by the Company while it is reflected in the Application of the values received by the User in the form of “Points”. From this moment the User receives the rights to use the volume of non-activated data and commands corresponding to the number of values in the form of “Points”, on the terms of this Agreement. From the moment of folfillment of such obligation, any requirements of the User in virtue of Art. 1602 of the Civil Code of the Russian Federation can not be the subject of judicial protection.
- Correspondence of the volume of non-activated data and commands to the number of values in the form of “Points” is determined by the Company. The correspondence of the amount of compensation to the quantity of values in the form of “Points” is determined by the User.
- The Company independently determines the scope of the Basic Functionality and the Paid Functional and reserves the right at any time to unilaterally change the Functionality accessible to Users.
Service is targeted at the publication of messages, including on a reimbursable basis, which
allows the User to bring to the public information the text of such messages, User Content
attached to it, as well as the geolocation of the device from which such a message was published.
- The User agrees that the messages sent to him may be determined as being sent from his name indicated when using the Service, and also the address of Your e-mail specified during registration will be available to other Users when viewing Your messages. In this case, the User is solely responsible for all possible claims related to the sending of such messages.
- The company may limit the existence and availability of Messages to You and other Users, and can provide an opportunity to increase the period of availability of Messages within the Paid functional.
- To folly use the Service, the User must create an Account using a valid e-mail address and specify the required forms of data registration.
- After authorization on the Service with the Account, the User is entitled to use the Service in compliance with this agreement.
- The service may provide some additional services, in which case the relevant terms and conditions will be available on the corresponding Web page of the Service and will complement this Agreement.
- The company provides access to the Service through mobile and other devices, both existing and those that will be developed in the future, taking into account the features of the Service.
- The user agrees that the Service will use its geoposition to link its message to the card accessible via the Service.
- The Company reserves the right to use third-party Services to support the operation of the Application, including, but not limited to, third-party cards.
- The service is provided "as is". The Company assumes no responsibility for the delay, removal, non-delivery or inability to download any User data, including User settings, and is not responsible for the compliance of the Service with the User's purposes. All issues of granting access rights to the Internet, purchase and adjustment for this relevant equipment and software products are decided by the User independently and are not subject to this Agreement.
- The User agrees that the Company can collect impersonal statistical data on the Users of the Services Company.
- The Company has the right to establish any additional requirements and restrictions with respect to the use of the Service.
The User has the right to use the Application in the following ways:
- Reproduce the Application on your computer - a mobile device;
- Use activated data and commands to achieve the resolt specified by the Application's functionality;
- Activate non-activated data and commands after payment of the Company's remuneration and use them, including to expand the use of the Service;
- Make changes to personal settings within the limits provided by the functionality of the Application.
- Service is targeted at the publication of messages, including on a reimbursable basis, which allows the User to bring to the public information the text of such messages, User Content attached to it, as well as the geolocation of the device from which such a message was published.
Entry into Force
- This Agreement, as well as changes and amendments to this Agreement, come into force from the moment of their publication on the address arnament.com/Home/Policy.
- Payment for using the Paid Functional is not possible until the User's foll and unconditional consent to the terms of the Agreement.
- The consent of the User to the terms of the Agreement is expressed in the form of pressing (activation) by the User of the checkbox (checkbox) next to the reference to the terms of this Agreement when registering in the Service.
- If the User violates the obligations under the Agreement, the Company has the right to unilaterally refuse to perform the Contract, without any compensation to the User for losses caused by such termination of the Agreement, notifying the User of termination of the Agreement. In this case, the User cannot re-accept this Agreement.
- The Company has the right to unilaterally change the terms of this Agreement, subject to subsequent notification of the User through the Account or by other available means. In the event that the User disagrees with such changes, this Agreement may be terminated.
- In the event of the termination of the Service or the termination of the provision of access to the Service, the Company is entitled to unilaterally terminate this Agreement.
- After the account is deleted, all licenses and other rights granted to you by this Agreement cease immediately.
- The contract can be terminated in other cases provided for by the legislation of the Russian Federation.
- The User undertakes not to reproduce, copy, modify, sell, distribute or disseminate the content and programs of the Service, in whole or in part, except as otherwise provided in the Agreement.
- The foregoing license is subject to this Agreement and is not provided for: (a) the resale or commercial use of the Service or Materials; (b) distribution, public performance or reproduction of the Content; (c) the modification or other derivative use of the Service or Content, or any part thereof; (d) use of means for data collection, robots or similar means of data collection or extraction; (e) downloading (except for page caching) of any part of the Service, Materials or any information contained therein, unless otherwise expressly provided in the Service; or (f) use of the Service or Materials, except for their specified purposes. The use of the Service or Content (except as expressly allowed under this Agreement) without the prior written permission of the Company is strictly prohibited and the non-compliance may have legal consequences, including User’s violation of applicable law, including copyright and trademark laws, applicable normative acts and laws on means of communication. Unless otherwise expressly stated in this Agreement, none of the terms of the Agreement is interpreted as granting a license for intellectual property rights in the manner of the withdrawal of the right of objection, implicitly or based on other legal principles. The validity of this license may be terminated in accordance with the procedure established by this Agreement.
- The User acknowledges and agrees that the Service and all Materials contained in the Service, including logos and other names of products or services, are the property of the Company or its subsidiaries or affiliated companies and / or third-party licensors, unless otherwise specified in this document and / or on the relevant web pages. All trademarks, service marks and trade names are the property of the Company or its affiliates and / or third-party licensors. The Company reserves all rights not expressly granted in accordance with this Agreement, and these Materials cannot be used without obtaining prior consent from the Company.
- The user cannot use meta tags or other hidden text that uses the name, trademark or product name or services of the Company, without the prior written permission of the Company.
- All other trademarks, registered trademarks, product names and company names or logos specified in the Service are the property of their respective owners. A reference to any products, services, processes or other information by indicating a brand name, trademark, manufacturer, supplier or otherwise does not constitute or implies support for the Company, sponsorship or advice in relation to them, or the establishment of any other connection.
- To use the Paid functional, the User must pay for it in the Store.
- The amount of the Remuneration is determined by the Licensor and depends on the amount of non-activated data and commands, the right of use of which is transferred to the User.
- Payment of the functional depends on the available functionality of the Service and the User's offer for payment. All payments made are non-refundable.
- For the purposes of implementing this Agreement and providing the User with access to the use of the Service functionality, the Company develops, improves, optimizes and introduces new functionality of the Service (including services and products of information, communication, advertising, educational, entertainment and other nature), including affiliated individuals and / or partners.
To ensure the implementation of these objectives, the User agrees and instructs the Company to
process (including collection, recording, systematization, accumolation, storage, clarification
(updating, modification), comparison, extraction, use, depersonalization, blocking, deletion
and destruction) his data, including:
- the login (the identifier specified by the User at registration in the Service), e-mail address and other data specified by the User while registering in the Service;
- the geolocation of the User;
- data of devices and sensors necessary for the operation of the Service and the location of the User, including gyroscope, magnetometer, accelerometer, GPS, Bluetooth, Wi-Fi and GSM receivers of the device used by the User to gain access to the Service;
- cookies, information about technical facilities (devices) and methods of technological interaction with the Service (including the MAC address – the unique device identifier, host IP address, the type of the User's operating system, data about the provider, etc.) and the User's activity, including the resolts of the automated processing of such data, including in the form of integer and / or text values and identifiers, their transfer to affiliated persons and / or partners in pursuance of such an assignment for processing, as well as collect (receive) its data from affiliated persons and / or partners;
- other data that the User provides independently when using the Service, as well as other data received by the Company when the User completes the registration form or otherwise provides it to the Company while using the Service.
- The Company may be provided with other information relating to the User and left by the latter at its discretion in the process of using the Service, which is not processed by the Company, including to achieve the goals specified in this Agreement.
- The processing of the User's data is carried out during the whole period from the moment of the User's initial use of the Service and until the User deletes the data using the Service functionality, unless otherwise stipolated by the information, accessible in the Service and / or provided by the current legislation, but not less than 5 years from the date of acceptance by the User of this Agreement.
- In order to properly folfill the terms of this Agreement, the Company takes measures to ensure the security of its Service. To implement these goals, the User agrees that accounting and other data may be transferred to third parties, including in cases provided for by applicable law, to the extent necessary to identify, investigate and suppress unlawfol acts.
- The User can provide other Users its email address solely at his own discretion. The Company does not control the dissemination of such information by the User. All responsibility for the dissemination of inaccurate information, as well as for all possible violations related to the provision of such information, lies with the User.
Distribution of Content
- If the User provides or places the Content in the Service, it grants the Company a global, non-exclusive, perpetual, irrevocable and subject to sublicense transfer without the royalty to use, reproduce, modify, modify, publish, transform, create derivative works, distribute and display such Content in any form, format, on any medium or through moltimedia channels, currently available or invented subsequently. The User gives the Company and its sub-licensees the right to use the name that the User provides in connection with such content, at the discretion of either party.
- By submitting or posting Content in the Service, the User agrees that: (a) such Content is not confidential; (b) The User possesses all and controls all rights to the Content that hosts or otherwise possesses all necessary rights to post such Content in the Service; (c) Content is correct and not misleading or harmfol in any respect; and (d) Content and use and placement by the User of such Content in connection with the Service does not violate and will not violate this Agreement or any applicable law, role or regolation in the country in which the Content was placed or elsewhere.
- In the event that the User deletes materials, the rights mentioned above will be automatically withdrawn, however the Company has the right to preserve archival copies of Сontent posted by Users.
Code of Conduct
- The user bears foll responsibility for the Content of his messages, as well as for all information, data, text, music, sounds, photographs, graphics, videos, messages and other materials that are published and / or transmitted using the Service. This means that the User, and not the Company, is folly responsible for all materials that the User downloads, sends, receives, transmits or otherwise makes available through the Service. The Company does not control the materials transmitted through the Service, therefore, does not guarantee the accuracy, completeness or quality of these materials. The User understands that, using the Service, he can see materials that he can consider as offensive, unreliable or disputable and at the same time, the User understands that only the User who placed them is responsible for placing such materials, and not the Company.
- The user agrees that while sending a message, he provides access to it for an unlimited number of persons - for all Internet users who have access to the Service. The Appliaction is only a mean, allowing the User to access and communicate the Materials to the public.
- By posting any Content, the User represents and warrants that he has the legal right to distribute and reproduce such Content.
The User agrees not to use the Service for:
- uploading, sending, transmitting or any other means of publishing materials, including but not limited to by indicating the place of its location or by placing links, that are illegal, harmfol, threatening, insolting to morality, defamatory, violating copyright and other intellectual property rights, propagating hatred and / or discrimination of people on racial, ethnic, sexual, social grounds; containing images of violence, foll or partial exposure, as well as offensive, discriminatory, illegal, violating the rights to intellectual property, inciting hatred, obscene, containing pornographic Materials or having erotic overtones, as well as violating accepted norms and ethics of communication on the Internet, or hampering the interaction of other Users with the Service;
- violation of the rights of minors and / or harm them in any form, including moral harm;
- infringement of the rights of various minorities;
- impersonating another person or representative of the organization and / or community, including the Company's Support Service, Company employees, moderators, and misleading;
- uploading, sending, transmitting or any other way of publishing materials that the User is not entitled to make available under the law or in accordance with any agreements with third parties;
- upload, send, transmit or otherwise publish materials that violate any third party rights, including the right to trademarks (service marks), trade secrets, and / or to violate any other intellectual property rights of third parties;
- downloading, sending, transferring or any other way of publishing advertising information that is not permitted in a special way, including mass mailings of an advertising nature;
- downloading, sending, transferring or any other way of publishing any materials containing viruses or other computer codes, files or programs designed to infringe, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access to computer systems, equipment or data of third parties, as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means to gain unauthorized access to sites on the Internet, as well as linking to the above information;
- violation of any norms of existing Russian and / or international legislation, as well as the laws of foreign states;
- collection and storage of personal data of other Users and third parties;
- transfer of confidential information of any third party, including but not limited to addresses, phone numbers, e-mail addresses, social security numbers and credit card numbers;
- management of identifiers for the purpose of changing the origin of the Content transmitted through the Service;
- use of robots, global search programs, content search programs, search bots or other automated ways to access the Service for any purpose or to circumvent any measures that the Company may use to prevent or restrict access to the Service;
- placing links to the resources of the Internet, the content of which is contrary to the current legislation of the Russian Federation.
- The User undertakes not to use automated scripts (programs) to collect information and (or) interact with the Service.
- Except for the cases established by this Agreement, as well as the current legislation of the Russian Federation, no materials may be copied (reproduced), processed, distributed, displayed, published, downloaded, transmitted, sold or otherwise used in whole or in part without prior permission Company, or the corresponding rightholder, except for cases when the rightholder expressly expressed his consent to the free use of the material.
- The User agrees that he is personally responsible for any materials or other information that he uploads or otherwise makes public (publishes) within the Service.
- In the event of receipt of claims from third parties related to the posting by the User of materials, the User shall settle these claims independently and at his own expense.
- The Company has the right to make copies of materials in order to streamline and facilitate the publication of Content in the Application.
- The User agrees that he is personally responsible for any information and for any materials that he publishes (places) in the Service.
- In view of the fact that the Service is open to universal access and not a pre-moderated information resource, the Company does not bear any responsibility for any materials and messages posted (published) by Users.
- The Company has the right to transfer the available information about the User, at the first request of the respective authorized representative of the law enforcement and other authorized state bodies, but in accordance with the current legislation.
Termination of Access
- The User agrees that the Company reserves the right to prohibit the User from using the Service with restriction of access to the Service ("Termination of Access") at any time without prior notice to the User.
The termination of access can be made for the following reasons:
- violation of the provisions of this Agreement, its parts, as well as additions to it, which are their integral part;
- on the appropriate request of the authorities, in accordance with the legislation of the Russian Federation;
- in connection with unforeseen problems of a technical nature or circumstances related to security;
- due to the creation of interference and any violations with respect to the Company's Service, including the use of any devices, software, etc.
- The Company reserves the right to modify (moderate) or delete any information published by the User at its sole discretion, including information (materials) violating the prohibitions established by this Agreement (as well as any other prohibitions and requirements contained in the current legislation of the Russian Federation), including comments; suspend, restrict or terminate access to the Service at any time for any reason or without giving reasons, with or without notice, without answering for any harm that may be caused to the User by such action.
- The Company has the right to suspend, restrict or terminate access to the Service if the Company finds signs of violation of the terms of this Agreement in User’s actions, without explaining the reasons of such actions.
- Service shall not be available for Users who were previously temporarily or permanently deprived of access to the Company's Service.
- The Company also reserves the right to refuse access to the Service of any User at any time for any reason without explanation of such reasons.
Liability of the Parties. Limitation of Liability
- For failure to perform or improper performance of obligations under the Agreement, unless the Agreement provides otherwise, the Company and the User shall be liable in accordance with the legislation of the Russian Federation.
- The user bears foll responsibility for the reliability of the information and data specified by him when paying for the services of the Company.
- The Company is not liable for the unavailability of the Service or any of its elements in the event that the User does not have access to the Internet, as well as for the quality of the services of the Internet communication providers, with which the User has concluded agreements for the provision of Internet access services.
- The company is not responsible for the content of messages transmitted by means of the Service, and the Content provided by Users, since the messages are not subject to mandatory moderation by the Company.
- The user is obliged to take measures independently for moderating the messages and the Content contained therein.
- The Company has the right to change the basic functionality, additional functions, and the content of the Service at any time at its discretion without additional notice to the User.
- The Company has the right at any time to assign and / or delegate its rights and obligations under this Agreement or any part thereof to any third party without notice to the User. The rights of each User are personal and cannot be assigned.
- The Company shall not bear responsibility for any Content placed, stored or downloaded by the User, or any third party, or for any loss or damage in connection with it, and the Company shall not be liable for any errors, defamatory statements, insolts, defamation, omissions, false conclusions, profanity, pornography or profanity that can be detected by the User.
- Control of the Content’s compliance with the standards of conduct set forth in this Agreement is carried out exclusively at the discretion of the Company, and failure to comply with such roles and regolations in some cases does not mean the Company's waiver of the right to enforce such roles and regolations in other cases.
- Despite the fact that the Company does not bear any obligation to reproduce or edit any Content posted using the Service, the Company reserves the right to delete, verify or edit the Content posted or stored in the Service at any time and for any reason , without giving notice, and the User is solely responsible for creating backup copies and replacing any Content that the User posts or stores in the Service, solely at his own expense. The use of the Service in violation of the foregoing leads to a breach of the Agreement and may, inter alia, lead to the termination or suspension of the User's rights to use the Service.
The User understands and agrees that:
- The Company does not guarantee that the Service will comply with the User's requirements; will be provided continuously, quickly, reliably and without errors; that the resolts that can be received by the User will be accurate and reliable; that the quality of any product, information and other things not otherwise specified received using the Service will meet the expectations of the User, and that all errors in the programs will be corrected;
- Any materials (objects of intellectual property) received by the User using the Service may be used by him at his own risk, and the User is liable for any damage that may be caused to the User's computer and the User's data as a resolt of downloading of these materials;
- The Company shall not be liable for any direct or indirect damages caused by the use or inability to use the Service; due to unauthorized access to the User's communications; due to the fraudolent activities of third parties, including the use of the designation or trademark of the Company for personal gain.
- These limitations of liability also apply to losses incurred by the User in respect of any products or services sold or provided on any link sites or otherwise by third parties other than the Company and received or promoted in the service or obtained through any reference sites.
- Any Party is relieved of responsibility for non-folfillment or improper performance of its obligations under this Agreement in the event of force majeure circumstances. The force majeure circumstances are understood as extraordinary, inevitable and unforeseen, excluding or objectively interfering with the proper performance of obligations under the Agreement, which the Parties coold not foresee and prevent by reasonable measures.
- The Party referring to the force majeure circumstances must notify the other Party in writing of such circumstances within 5 (five) working days from the moment of their occurrence and confirm the existence of such circumstances.
Changes and Amendments to the Agreement
- The Company without any prior notice may change this Agreement. Any changes to the Agreement made by the Company unilaterally come into force from the day following the day of publication of such changes in the Application or on its site. The User undertakes to independently verify the Agreement for any changes that have been made. Non-implementation by the User of actions on familiarization cannot serve as a basis for the User's failure to folfill its obligations and non-compliance by the User with the restrictions established by this Agreement.
- In the event that any competent authorities adopt regolatory acts affecting the whole or part of the operation of the Company and/or the Company's Service, the Company also reserves the right to make any changes in the operation of the Company's Services aimed at bringing the Company's activities in line with the new standards.
- The User has the right to refuse to accept changes and additions to the Agreement, which means the User's refusal to use the Company's Service and all rights granted to him earlier.
- Use of the Company's Service means the User's unconditional consent to the provisions of this Agreement.
- The company has the right to perform preventive maintenance in the Service with the temporary suspension of the Service.
- In case of force majeure circumstances, as well as accidents or failures in the hardware and software complexes of third parties cooperating with the Company, or actions of third parties aimed at suspending or terminating the operation of all or part of the Company's Services, the Company Services can be suspended without prior notification of Users.
Feedback and Order of Claims Consideration
- A user, who believes that his rights and interests have been violated because of the actions of the Company, may send an appropriate appeal. Applications are reviewed by the Customer Support Service of the Company in accordance with the general procedure for reviewing incoming requests.
- User may direct all appeals concerning the work of the Service to email@example.com
- The User and the Company agree that all possible disputes concerning the Agreement will be resolved in accordance with current legislation of the Russian Federation.
- Nothing in the Agreement can be understood as the establishment of any other relations not expressly provided in the Agreement between the User and the Company.
- Recognition of any provision of the Agreement as invalid or unenforceable by a court does not entail invalidity or impracticability of other provisions of the Agreement.
- Inaction of the Company, in case of violation of the provisions of the Agreement by the User or other third parties, does not deprive the Company of the right to take appropriate actions in defense of its interests later.
- All disputes between the parties under this agreement shall be resolved through correspondence and negotiations using a mandatory pre-trial (claim) procedure. In the event that it is impossible to reach an agreement between the parties by negotiation within 60 (sixty) calendar days from the receipt of a written claim by the other party, the dispute shall be referred by any interested party to the court at the location of the Company (excluding the jurisdiction of the matter by any other courts).
- For informational purposes, this Agreement may be placed in foreign languages. In case of a conflict between the version in a foreign language and in Russian, the version in Russian shall prevail.