Last Updated: December 6, 2023
This agreement is entered into by and between ProgramLab, LLC (hereafter “Licensor”), and You (hereafter “Licensee”). Licensee’s use of Licensor's Internet site (the "Site") or any of the material or service offerings or other services offered on the Site including any off-line or third party components, data, lists, reports, dashboards, templates or services (collectively, the "Services") is subject to these Terms of Use (this "Agreement"). If Licensee does not agree to this Agreement, Licensee agrees not to use or access the Services or the Site. Licensee’s registration for, or use of, the Site or the Services shall be deemed to be Licensee’s acceptance of this Agreement. Licensor may modify this Agreement at any time without notice to Licensee by posting a revised Agreement on the Site. Licensee’s continued use of the Site constitutes Licensee’s binding acceptance of this Agreement, including any modifications that Licensor makes. Licensee is responsible for regularly reviewing this Agreement.
1. Service Communications
1.1 Licensee understands and agrees that the Services may include communications such as service announcements and administrative messages from Licensor. Licensee will not be able to opt out of receiving these service announcements and administrative messages while using the Site and Services until Licensee sends Licensor a written notice requesting the deletion of Licensee’s account from the site.
2. License Grant; Licensee’s Content
2.1 Licensor hereby grants Licensee a non-exclusive, non-transferable right to use the Site and Services for the term for which Licensee has paid the applicable subscription fees ("License Term"), solely for Licensee’s own personal use. Licensee may create one account through which Licensee can utilize the Site and Services. Licensee may not share Licensee’s account or account information with any other individual. Use of an account by more than one individual is strictly prohibited.
2.2 The Site includes a combination of content that Licensor creates, that Licensor's partners create, and that Licensor's users create. Licensee may use the content on the Site only for Licensee’s personal use in connection with the Services and/or Licensee’s licensed use of Licensor's products. Except for the foregoing, Licensee may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, reverse engineer, publicly display, or in any way exploit any of the software, materials or content on the Site in whole or in part.
2.3 Licensee warrants that Licensee owns or has sufficient legal right to the intellectual property rights in any content posted or uploaded to the Site by Licensee (“Licensee’s Content”) and that Licensee’s Content, including any use thereof by Licensor as described herein, does not violate applicable law or the rights of any third party. Licensee hereby grants Licensor, Licensor's affiliates, and Licensor's partners a perpetual, worldwide, irrevocable, royalty-free, nonexclusive, sublicensable right to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Licensee’s Content and subsequent versions of Licensee’s Content for the purposes of (i) displaying Licensee’s Content on the Site (ii) processing Licensee’s Content in connection with providing the Services, (iii) distributing Licensee’s Content, either electronically or via other media, and/or (iv) storing or hosting Licensee’s Content in a remote database or on the Site. This license will apply to the distribution and the storage of Licensee’s Content in any form, medium, or technology now known or later developed. For clarification, Licensee’s Content shall not include any of Licensee’s personal information.
2.4 Licensee may be exposed to content that Licensee finds offensive, indecent, or objectionable or that is inaccurate, and Licensee bears all risks associated with using that content. Licensor has the right, but not the obligation, to remove any content that may, in Licensor's sole discretion, violate this Agreement or that is otherwise objectionable.
2.5 Licensor shall be entitled to adjust the scope of the Services and the underlying technical infrastructure to reflect the continuing development of the Services and technical advances.
3. Purpose of Site/Linking
3.1 The Site is for general informational purposes only. Before you act on information you've found on our website, you should independently confirm any facts that are important to your decision. Licensor is not responsible for, and cannot guarantee the performance of, any products or services provided by any advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Licensor or its licensors. We welcome links to the homepage of our website. Licensee is free to establish a hypertext link to the Site so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by Licensor. We do not permit framing or inline linking to our website or any portion of it.
4. Technical Support
4.1 Licensor will provide email contact information to Licensee for the purpose of providing technical support to Licensee. Licensor does not guarantee any level of technical support for technical issues not within the direct control of Licensor. Licensor does not guarantee that the Site or Services will be available at any time.
4.2 While we make every effort to protect our servers and your data against loss and unauthorized access, you acknowledge that the Internet is not a 100% secure environment and thus we cannot guarantee the security of your information as there is always a risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet may be intercepted. You agree that we shall have no responsibility for any losses or damages that do not arise solely from our intentional misconduct, including but not limited to losses or damages arising from any third party access of your account resulting from theft, misappropriation, or other illegal access of your personal information.
5. Intellectual Property Rights
5.1 Licensor and/or its licensors owns all rights, title and interests, including all intellectual property rights, in and to the Site and the Services, the software, materials and other related content (excluding Licensee’s Content), and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Licensee or any other party relating to the Site or the Services. In addition, all content published on the Site, including, but not limited to, reports, presentations, written content, graphics, images, marks, logos, sound or video clips, and Flash or Java animation, are protected by Licensor's copyrights or trademarks or those of Licensor's partners or users.
5.2. Prohibited Use of Automated Systems
5.2.1 General Prohibition: You agree not to use, directly or indirectly, any automated system, including without limitation, "robots," "spiders," "offline readers," "crawlers," or "scrapers" (collectively, "Automated Tools") to access, acquire, copy, or monitor any part of the Site or its content or services. This prohibition does not apply to standard search engine technology employed by Internet search services to direct users to this Site.
5.2.2 No Circumvention of Security Measures: You agree not to use any Automated Tools in a manner that circumvents or attempts to circumvent any security measures or controls established by us for the Site or the services we offer. You acknowledge that any attempt to breach these security measures is strictly prohibited under this Agreement.
5.2.3 Resource Limitations: You acknowledge that Automated Tools can impose unreasonable loads on website infrastructure. You agree not to engage in any activities using Automated Tools that impose, in our sole discretion, an unreasonable or disproportionately large load on our servers or other infrastructure supporting the Site.
5.2.4 Consequences of Violation: Unauthorized use of Automated Tools as outlined in this section is a violation of this Agreement and may subject you to legal action. We reserve the right to take any and all appropriate legal action and remedies against individuals or entities that breach this section of the Agreement.
6. Fees and Payment
6.1 Licensee shall choose a subscription level and term as offered by Licensor on the Site’s Subscription and Pricing page. Payment for all subscription-based services are made in advance at the term's start date. Licensee shall pay such fees as specified and chosen. Receipt of payment in full per the plan chosen shall be a condition precedent to Licensor providing access to the Site and Services and any license grant herein. Licensee shall be given access to only the specific portions of the Site and Services and for the chosen term relating to the respective level of services chosen.
6.2 Licensor will charge the subscription fees directly to the credit card or Paypal account Licensee provides after every billing cycle (unless Licensee cancels the subscription). Licensee may cancel recurring subscriptions at anytime. When a subscription is cancelled, Licensee may still have access to the Site and Services until Licensee’s account expires. After cancellation, Licensor will discontinue billing for this particular subscription but it is Licensee’s sole responsibility to completely and fully cancel this payment cycle with Licensee's credit card or PayPal accounts. Email requests for cancellation cannot be guaranteed or construed as proof of cancellation. Upon the date of expiration without a confirmed cancellation, all subscriptions will renew automatically at the full rate (unless otherwise noted) for the identical term as the preceding term chosen by Licensee. Discounts and promotions applied to the initial subscription term are not applicable to subsequent automatic renewals.
6.3 If Licensee requests a refund for recurring subscriptions, Licensee should first cancel any recurring billing
cycle and then notify Licensor within the first 60 days of the subscription. In the case of recurring subscriptions Licensor reserves the right to refuse refunds if the Licensee fails to cancel the billing cycle before the first 60 days and/or fails to submit a refund request within the first 60 days.
6.4 Licensee may be able to order certain other products or services through the Site. From time to time, Licensee may offer a lifetime plan. Notwithstanding anything else to the contrary in this Agreement or throughout the Site, you agree that the lifetime plan grants you access only to the identified services available at the time of your purchase and only for as long as those services are continually offered by the Licensor. You agree that all products and services, their contents, availability, and pricing are subject to change at any time with or without notice and that you shall not assign your rights under this Agreement and/or your rights to any services to a third party without prior consent from Licensor. You further acknowledge that Licensor makes no warranties or representations that any of the services purchased are continually offered for any period of time, including for lifetime plans. Please fully read the terms and disclaimers accompanying any products or services that you order through the Site prior to ordering.
6.5 All prices are displayed in US dollars. We do not convert the total price of orders into other currencies. We will bill your credit or debit card or PayPal account in US dollars and the card company or PayPal will convert the charges for you, including any exchange rate or transactional fees charges by such company. If you have any questions about currency conversions, please contact your bank or financial institution.
6.6 Subscriptions purchased through the Apple App Store, Google Play Store or other service providers must be terminated under the applicable terms and conditions of each service provider. The exact procedure is described on the website of the Apple App Store, the Google Play Store or the other service provider.
7. Termination
7.1 Licensor may immediately terminate or suspend Licensee’s use of the Services provided hereunder, or terminate Licensee’s account and this Agreement if Licensee (i) fails to pay any applicable fees when due, or (ii) breaches or otherwise fails to comply with this Agreement.
7.2 Upon termination by Licensor of this Agreement or any part thereof in accordance with this Agreement as a result of Licensee’s breach, negligence or default, Licensor will have no obligation to refund to Licensee any fees paid by Licensee.
8. Licensee’s Conduct on the Site and other Restrictions
8.1 If Licensor requests registration information from Licensee, Licensee will provide Licensor with true, accurate, current, and complete information. Licensee will promptly update Licensee’s registration to keep it accurate, current, and complete. If Licensor issues Licensee a password, Licensee may not reveal it to anyone else. Licensee may not use anyone else's password. Licensee is responsible for maintaining the confidentiality of Licensee’s account and password. Licensee agrees to immediately notify Licensor of any unauthorized use of Licensee’s password or account or any other breach of security. Licensee also agrees to exit from Licensee’s accounts at the end of each session. Licensor will not be responsible for any loss or damage that may result if Licensee fails to comply with these requirements.
8.2 Licensee will be responsible for all activity occurring under Licensee’s account and will comply with all applicable local, state, and foreign laws, treaties and regulations in connection with Licensee’s use of the Services, including without limitation, laws and regulations governing data privacy, international communications and transmission of technical or personal data.
8.3 The technology and the software underlying the Site and the Services are the property of Licensor and/or Licensor's affiliates, suppliers and partners. Licensee agrees not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Site or the Services. Licensee agrees not to modify the software underlying the Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. Without limiting the foregoing, Licensee agrees that Licensee will not use the Site to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
- Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, misleading, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Licensor's sites, any software or hardware, or telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial purpose unless Licensee has Licensor's written consent to do so;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, chain letters or other unsolicited messages;
- Download any file that Licensee knows or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- Restrict or inhibit any other user from using and enjoying any area within the Site;
- Interfere with or disrupt Licensor's sites, servers, or networks;
- Probe, scan or test the vulnerability of the Site or circumvent any security mechanism used by the Site;
- Impersonate any person or entity, including, but not limited to, any Licensor representative, or falsely state or otherwise misrepresent Licensee’s affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate Licensee’s presence on the Site;
- Take any action that imposes an unreasonably or disproportionately large load on Licensor's infrastructure;
- Engage in any illegal activities;
- Collect, store or transmit personal information about individuals or any information that is subject to applicable privacy laws or regulations; or
- Develop, support, use or distribute software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Site or otherwise copy content and other data from the Site.
8.4 If Licensee chooses a username or avatar that, in Licensor's sole discretion, is obscene, indecent, abusive or that might otherwise subject Licensor to public disparagement or scorn, Licensor reserves the right, without prior notice to Licensee, to automatically change Licensee’s username or avatar, delete Licensee’s posts from Licensor's sites, deny Licensee access to Licensor's sites, or any combination of these options.
8.5 Unauthorized access to the Site is a breach of this Agreement and a violation of the law. Licensee agrees not to access the Site by any means other than through the interface that is provided by Licensor for use in accessing the Site. Licensee agrees not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site, except those automated means that Licensor has approved in advance in writing.
8.6 Licensee may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
8.7 Use of the Site is subject to existing laws and legal process. Nothing contained in this Agreement will limit Licensor's right to comply with governmental, court, and law-enforcement requests or requirements relating to Licensee’s use of the Site, which may include disclosing Licensee’s Content to the applicable authorities.
9. Indemnification
9.1 Licensee will defend Licensor from any third party claim, and will pay all damages finally awarded against Licensor in such claim or amounts agreed to in settlement, arising out of:
- Licensee’s use of the Site;
- Any use or alleged use of Licensee’s accounts or Licensee’s passwords by any person, whether or not authorized by Licensee, unless the Licensee’s accounts have been misappropriated by a third party without the fault or knowledge of the Licensee;
- The content, the quality, or the performance of content that Licensee submits to the Site; or
- Licensee’s violation of this Agreement.
10. Warranty; Disclaimers
10.1 THE SITE AND THE SERVICES, ITS SOFTWARE, CONTENT AND OTHER MATERIALS, ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. LICENSOR AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION, GUARANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR ANY OF THE CONTENT, SERVICES, PRODUCTS, SOFTWARE OR OTHER MATERIALS AVAILABLE THROUGH THE SITE.
10.2 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS, THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES OR MATERIALS, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH YOUR USE OF THE SERVICES OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY.
11. LIMITATION OF LIABILITY
11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LICENSOR NOR ITS AFFILIATES, SUPPLIERS OR PARTNERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE SERVICES OR THE SITE, ITS SOFTWARE, CONTENT OR OTHER MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR LOSS OF DATA OR OTHER INTANGIBLE LOSSES.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS AFFILIATES, SUPPLIERS AND PARTNERS WILL NOT BE LIABLE FOR ANY DAMAGES THAT EXCEED THE TOTAL AMOUNTS PAID BY LICENSEE TO LICENSOR FOR THE SERVICES.
11.3 SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO LICENSEE. IN SUCH STATES/JURISDICTIONS, LICENSOR'S LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS AND PARTNERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Arbitration
12.1 Any dispute arising out of or relating to this Agreement or the Site will be finally settled by arbitration, except that Licensor may bring an action in a court of competent jurisdiction with respect to any dispute affecting Licensor's intellectual property rights whether statutory or contractual. The arbitration will be conducted in accordance with the commercial arbitration rules (the "Rules") of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in a location of Licensor’s choosing and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator selected under the Rules must be a lawyer. The arbitrator has no authority to award damages in excess of those permitted in this Agreement for any reason. Any award in excess of such limitation will be deemed void as between the parties. Either Licensee or Licensor may seek any interim or preliminary equitable relief from a court of competent jurisdiction necessary to protect the rights or the property of Licensee or Licensor (or its affiliates, agents, suppliers, and subcontractors), pending the completion of arbitration.
13. Miscellaneous
13.1 The Site features trademarks, service marks, and logos that are the property of Licensor and/or its affiliates, suppliers, partners and licensors. The Site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and Licensee agrees not to use them in any manner without the prior written permission of the applicable owner.
13.2 Licensor may be required by state or federal law to notify Licensee of certain events. Licensee hereby acknowledges and consents that such notices will be effective upon Licensor's posting them on the Site or delivering them to Licensee through e-mail. Licensee may update Licensee’s e-mail address by visiting the Services where Licensee has provided contact information. If Licensee does not provide Licensor with accurate information, Licensor cannot be held liable if Licensor fails to notify Licensee.
13.3 Licensor's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement and Licensee’s right to use the Services may not be assigned by Licensee without the prior written approval of Licensor. Licensor may, at any time in its sole discretion, assign its rights and obligations under this Agreement to any third party without consent from or notice to Licensee.
13.4 This Agreement, including any applicable attachments, and all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between Licensee and Licensor and govern Licensee’s use of the Site and Services, superseding any prior agreements that Licensee may have with Licensor.
13.5 Licensee may not use, import or export materials on this Site in violation of United States, or any other applicable country's, import and export laws and regulations. Licensor assumes no responsibility or liability for Licensee’s failure to obtain any necessary export approvals. Without limiting the foregoing, Licensee agrees that the Site will not be used, and none of the underlying content, information, software, or technology may be transferred or otherwise exported or re-exported to persons subject to restrictions, destinations subject to embargo, or to prohibited proliferation-related end-users or end-uses, without obtaining any export license or other approval that may be required under United States, and any other applicable country's, laws, regulations and requirements.
13.6 If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the intent of the original provision. Where a court is unable to construe any unenforceable or invalid provision to make it binding, the court will severe and delete the provision. In any event, all other terms remaining valid and enforceable will survive and remain in full force and effect.
User agreement
This Agreement defines the terms of use of the site materials – http://pl-llc.ru-visitors and users of this Internet site (hereinafter referred to as the" Site"), the administrator and copyright holder of which is ProgramLab LLC TIN/OGRN: 1167456072002/7453293848 (hereinafter referred to as the Administrator), which regulates the procedure for using the Site.
1. GENERAL TERMS AND CONDITIONS
1.1. The use of the site materials is regulated by the current legislation of the Russian Federation.
1.2. This Agreement is a public offer. By accessing the Site materials, the User is considered to have joined this Agreement.
1.3. The Site Administration has the right to unilaterally change the terms of this Agreement at any time. If the User does not agree with the changes made, he is obliged to refuse access to the Site, stop using the materials and the Site.
1.4. The Site Administrator is not responsible for temporary failures and interruptions in the Site's operation. The Administrator is not responsible for any damage to the User's or other person's computer, mobile devices, or any other hardware or software caused by or related to downloading materials from the Site or through links posted on the Site.
1.5. The Site Administrator has the right to dispose of statistical information related to the functioning of the Site, as well as User information to ensure targeted display of advertising information to various audiences of Site Users.
1.6. The Site Administrator has the right to send the User information about the development of the Site and its Sites, as well as to advertise their own activities and services.
2. INTELLECTUAL PROPERTY
2.1. All results of intellectual activity used and posted on the Site, as well as the Site itself, are the intellectual property of their rightful owners and are protected by the legislation on intellectual property of the Russian Federation, as well as relevant international legal acts, conventions and memoranda in force on the territory of the Russian Federation. Any use and distribution of the results of intellectual activity posted on the Site (including elements of the visual design of the Site, symbols, texts, graphics, illustrations, photos, videos, programs, music, trademarks, service marks, commercial designations and brand names, advertising blocks and other objects) without the permission of the Administrator or the legal copyright holder the corresponding results of intellectual activity are illegal and may serve as a reason for judicial proceedings and bringing violators to civil, administrative and criminal liability in accordance with the current legislation of the Russian Federation.
2.2. Except for the cases established by this Agreement, the current legislation of the Russian Federation, as well as cases when the Administrator has explicitly expressed his consent to the free use of the material by any or relevant person, no result of intellectual activity posted on the Site may be copied (reproduced), processed, distributed, displayed in a frame, published, transferred, sold, or otherwise used in whole or in part.
2.3. Access to the results of intellectual activity posted on the Site is provided to Users exclusively for personal non-commercial use in order to get acquainted with them exclusively through the Site, without the right to reproduce, copy or download the specified results of intellectual activity in the memory of Users ' electronic devices, as well as without the right to other use of the specified results of intellectual activity, not specified this Agreement, including their sale, resale, modification, disclosure, transmission through communication channels, distribution in whole or in parts, etc.
2.4. Any use of the results of intellectual activity posted on the Site, except as permitted in this Agreement or with the explicit consent of the Administrator to such use, is prohibited without the prior written permission of the Administrator.
3. TERMS OF USE OF THE SITE
3.1. The duties of the Administrator consist solely in ensuring the provision of a technical possibility for the User to gain access to the Site within the territory of the Russian Federation in accordance with the procedure established by this Agreement.
3.2. The Administrator reserves the right, at its sole discretion, to change or delete any information published on the Site, as well as any elements and components of the Site, to suspend, restrict or terminate the User's access to all or any of the sections of the Site at any time for any reason or without explanation, with or without prior notice as such (at the Administrator's discretion), including terminating the Agreement in full and deleting User data from the Site. At the same time, the Parties agree that the Administrator is not responsible for any harm that may be caused to the User by such actions.
3.3. The Administrator has the right to set any restrictions on the use of the Site, with the exception of those expressly prohibited by the current legislation of the Russian Federation.
3.4. The Administrator has the right to send messages to Users containing organizational, technical or other information about the Site's capabilities and/or information about other Sites of the Administrator, the User, by accepting this Agreement, gives his consent to receive such messages from the Administrator.
3.5. The Administrator has the right to provide the User with the opportunity to specify a phone number, email address, within the Site, store these personal accounts, as well as use these records to send informational messages of an informational and advertising nature, and the user, by accepting these Terms, gives his consent to these actions of the Administrator.
3.6. The Administrator has the right to set age restrictions for the User's access to the Site in full compliance with the requirements of the current legislation of the Russian Federation, and the User agrees to the installation of such restrictions and undertakes to comply with all conditions related to such restrictions.
3.7. The Administrator has the right to place advertising and/or other information in any section of the Site at any time of the Site's operation, and the User agrees to such placement and familiarization with the specified materials.
3.8. The Administrator has the right to post foreign words and/or expressions in the Site interface without translating them into Russian, provided that such words and/or expressions do not affect the understanding of the essence of the Site and the services provided through the Site, and do not contain technical and informational information directly related to the correct functioning of the Site. The User expresses his / her unconditional consent to the use of foreign words and/or expressions in the Site interface, and also undertakes to refrain from claims and demands to the Administrator regarding the use of foreign words and/or expressions in the Site interface.
3.99. The User undertakes to use the Site only for their own personal, non-commercial and legitimate purposes, in compliance with the current legislation of the Russian Federation. The User undertakes not to use the Site for purposes not provided for in this Agreement.
3.10. The User undertakes to refrain from performing actions aimed at destabilizing the operation of the Site, making attempts to unauthorized access to the Site or the results of intellectual activity posted on it, as well as from performing any other actions that violate the rights of the Administrator and/or third parties, as well as the norms of the current legislation of the Russian Federation.
3.11. The User does not have the right to reproduce, repeat, copy, sell, resell, broadcast, transmit over networks, or otherwise use the Site and/or any parts thereof for any commercial and/or non-commercial purposes without the written consent of the Administrator.
3.12. The User has the right to update Personal Information and any other information that he provided when entering special forms on the Sitee, in order to ensure its accuracy, relevance and completeness, by sending a notificationto the Site Administrationto the Operator's email address
[email protected] with the note "Updating of personal data" or by writing to the Operator at Address: 42 Bolshoy Boulevard, building 1, room 13, floor 2, Moscow, 121205, Russian Federation.
3.13. The User is obliged to use the information received on the Site exclusively for legitimate and personal non-commercial purposes that do not contradict moral principles and generally recognized values, as well as the norms of the current legislation of the Russian Federation.
3.14. The User undertakes not to attempt to disable or otherwise interfere with any technical means of protecting the Site or the results of intellectual activity posted on it, including those that prevent or restrict the use or copying of any information or results of intellectual activity posted on the Site. The User undertakes not to attempt to change or modify any part of the Site or the Site as a whole.
3.15. When using the Site, the User is prohibited from downloading, storing, publishing, distributing and providing access or otherwise using any information that:
contains threats, discredits, insults, offends the honor, dignity or business reputation, or violates the privacy of other Users or third parties.
violates the rights of minors;
it is vulgar or obscene, contains obscene language, contains pornographic images and texts or scenes of a sexual nature.
contains scenes of violence or inhumane treatment of animals.
contains a description of the means and methods of suicide, and any incitement to commit it.
promotes and / or promotes incitement to racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;
contains extremist materials.
promotes criminal activity or contains tips, instructions, or guidelines for committing criminal acts.
contains information of limited access, including, but not limited to state and commercial secrets, information about the private life of third parties;
contains ads.
it is fraudulent in nature.
It is the intellectual property of third parties that did not give the User permission to use it, and also violates other rights and interests of citizens and legal entities or the requirements of the legislation of the Russian Federation.
3.16. The User is obliged to fulfill other obligations established by this Agreement and the current legislation of the Russian Federation applicable to the relations of the parties.
3.17. The User is responsible to the Administrator for compliance with the terms of this Agreement. The User is responsible for any images or other information that he uploads or otherwise publishes through the Site.
3.18. The User confirms the provision of complete and reliable information about himself / herself when filling out personal data on the Site.
3.1919. The User is warned that the Site Administrator is not responsible for visiting and using external resources, links to which may be contained on the site.
3.20. The User agrees that the Site Administrator is not responsible and has no direct or indirect obligations to the User in connection with any possible or incurred losses or losses related to any content of the Site, copyright registration and information about such registration, goods or services available on or received through external sites or resources or other contacts that the User has entered using information posted on the Site or links to external resources.
3.21. The User accepts the provision that all materials and Sites of the Site or any part thereof may be accompanied by advertising. The User agrees that the Site Administrator does not bear any responsibility and does not have any obligations in connection with such advertising.
3.22. The User, on the basis of additional agreements concluded between him and the Administrator, may be granted a non-exclusive and non-transferable right to use the software provided on the site, provided that neither the User nor any other persons with the assistance of the User will modify the software; create programs derived from the software; penetrate the Internet and / or use the software for the purpose of obtaining program codes; sell, assign, lease, transfer to third parties in any other form of rights in relation to the software of the services provided to the User under this Agreement, as well as modify the Sites, including for the purpose of obtaining unauthorized access to them.
4. PRODUCT INFORMATION
4.1. Site https://pl-llc.ru/ is a service where the Administration places preliminary information about the goods sold. The Site serves only the purpose of providing the User with preliminary information about the products and the terms of their purchase, payment and delivery.
4.2. All information about the products posted on the Site, including information about the technical characteristics of the products, their images, cost, etc., posted on the Site, is approximate, published for advertising purposes and is not a public offer.
4.3. The Administration's placement of this Agreement-offer is aimed solely at regulating the terms of granting Users the right to use the Site https://pl-llc.ru/ and cannot be considered as an offer for specific products.
4.4. Placing an order for the purchase of any product by the User means sending the User a preliminary request to the Administration regarding the terms of purchase of specific goods. Accurate and up-to-date information about products, their technical characteristics, and cost can be obtained by the User during a telephone conversation with employees or other representatives of the Administration after placing an order (or in advance before placing an order, but in this case the final accurate information on a specific User order can be provided to the User only after placing an order, since from the moment the User changes in the information provided to the User may occur before they place an order).
4.5. The User understands and agrees that any correspondence and any oral dialogues between him and the Administration are not pre-contractual correspondence within the meaning of civil law and the User in the future, when ordering specific goods, does not have the right to refer to the fact that within the framework of correspondence, he was guaranteed to purchase goods on other terms or in another form.
5. OTHER TERMS AND CONDITIONS
5.1. All possible disputes arising out of or related to this Agreement are subject to resolution in accordance with the current legislation of the Russian Federation.
5.2. Nothing in the Agreement can be understood as the establishment of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for in the Agreement between the User and the Site Administrator.
5.3. The court's recognition of any provision of the Agreement as invalid or not subject to enforcement does not invalidate other provisions of the Agreement.
5.4. Inaction on the part of the Site Administrator in case of violation by any of the Users of the provisions of the Agreement does not deprive the Site Administrator of the right to take appropriate actions later to protect their interests and protect copyright in the Site materials protected in accordance with the legislation.
6. RESPONSIBILITY. LIMITATION OF LIABILITY
6.1. The User understands and agrees that the Administrator may delete or move (without warning) any results of intellectual activity posted on the Site, at his own discretion, for any reason or without it, including moving or deleting the results of intellectual activity without any restrictions.
6.2. The User understands and agrees that the Administrator is not responsible to him for any content of the Site, including, but not limited to the following: texts, images, photos, as well as any other information posted by a non-Administrator.
6.3. The Administrator is not responsible for any errors, omissions, interruptions, deletion, defects, delay in data processing or transmission, failure of communication lines, theft, destruction or unauthorized access by third parties to the User's property (including the premises in which the Site is used). The Administrator is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of email services or scripts due to technical reasons. The Administrator is not responsible for the compliance of the entire Site or its parts (services) with the expectations of Users, error-free and uninterrupted operation of the Site, providing access to individual services of the Site, losses incurred by Users due to technical failures of hardware or software.
6.4.4. The Administrator is not responsible for any damage to the User's electronic devices, mobile devices, any other equipment or software caused by or related to the use of the Site.
6.5.5. Under no circumstances shall the Administrator be liable to the User or any third parties for any direct, indirect, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation caused by the use of the Site or the results of intellectual activity posted on the Site.
6.6.6. The Administrator is not responsible to the User or any third parties for:
User actions on the Site.
non-use of the Site for any reason.
content and legality, reliability of information used / received by the User from the Site;
the quality of goods / works / services purchased by the User after viewing advertising messages (banners, commercials, etc.) posted on the Site, and their possible non-compliance with generally accepted standards or expectations of the User;
the accuracy of advertising information used / received by the User on the Site, posted by a person other than the Administrator, and the quality of the goods / works / services advertised in it;
consequences of using the information used / received by the User on the Site;
photo quality when using the Site.
complete or partial failure of the Site's functionality at any time.
access to the Site of third parties.
6.7.7. The Administrator is not responsible for the User's violation of the terms and conditions set forth in this Agreement, and reserves the right, at its sole discretion, as well as when receiving information from any third parties about the User's violation of the terms and conditions set forth in this Agreement, or the rights and interests of third parties, to change (moderate) or delete any information published by the User, as well as suspend, restrict or terminate the User's access to all or any of the sections of the Site at any time for any reason or without explanation, with or without prior notice, without being responsible for any harm that may be caused to the User by such action.
6.8.8. If third parties make claims against the Administrator related to the User's use of the Site, the User undertakes to settle these claims with third parties on their own and at their own expense, protecting the Administrator from possible losses and proceedings.
6.9.9. The Site may contain links to other resources of the global Internet. The User acknowledges and agrees that the Administrator does not control and bears no responsibility for the availability of these resources and for their content, as well as for any consequences associated with the use of these resources. Any click-throughs made by the User are made at the User's own risk.
6.1.10. The Administrator is not responsible for non-performance or improper performance of its obligations due to failures in telecommunications and energy networks, malicious programs, as well as unfair actions of third parties aimed at unauthorized access and/or disabling of the software and / or hardware complex
7. PRIVACY POLICY
7.1. The Administrator pays great attention to the protection and confidentiality of User information. Users can view most of the Site's pages without providing any information about themselves. However, in order to provide certain services on the Site, the User may need some information to the extent specified in this section of the Agreement.
7.2. The fact of registration of the User on the Site means that the User unconditionally agrees with this section of the Agreement and the terms specified therein. In case of disagreement with these terms, the User is obliged to refrain from using the Siteом.
7.3. When filling in the fields of special forms on the site, the Administrator can request the following data from the User:
First name, Last name, Patronymic, email address, mobile phone number of the User,
information that is automatically transmitted to the Administrator during the use of the Site, using the software installed on the User's device, the IP address, the country and/or city of the User's location, the type of device used to access the Site, as well as other information сборthat is allowed to be collected in accordance with the current legislation of the Russian Federation.
7.4. This Agreement applies only to the Site. The Administrator does not control and is not responsible for the websites and software of third parties to which the User can click on the links available on the Site.
7.5. The Administrator does not verify the accuracy of the information provided by the User, does not exercise control over the User's legal capacity. The Administrator assumes that the User provides reliable and sufficient information and keeps this information up-to-date.
7.6. The Administrator uses the information received from the User solely for the purpose of providing the intended services and improving their quality, as well as to make the services and content of the Site easier and more convenient to use, including for:
providing the User with personalized and recommendation functions of the Site.
personalizing the display of advertising materials to the Site User.
for processing User requests by the Site Administrator or Site Support Service.
for analysis and research to improve the Site, as well as the Site's products and services.
for sending out news and advertising information about the Site's products, services, and special offers.
for sending service messages.
to prevent and detect fraud and illegal use of the Site, services of the Site;
for conducting statistical and other research based on depersonalized data obtained from the Site.
for issuing commercial offers and selling Products by the Administrator.
7.7. The Administrator uses User information only for the purposes and in accordance with this section of the Agreement.
7.8. The User's information remains confidential. The Administrator does not disclose to third parties, does not distribute, does not sell, does not alienate or dispose of any other information received, except for the purposes and methods provided for in this section of the Agreement and the norms of the current legislation of the Russian Federation.
7.9. The Administrator ensures that necessary and sufficient organizational and technical measures are taken to protect Users ' information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties with it.
7.10. The User agrees that if they indicate their phone number and/or email address in any section of the Site, the Administrator has the right to send the User information via short sms messages or emails about the services, new products and terms of use of the Site, as well as other information, including advertising. The User has the right to refuse to receive such information by sending a request to the Administrator to disconnect from mailing lists by sending a written application to the Operator at the address: 42 Bolshoy Boulevard, building 1, room 13, floor 2, Moscow, 121205, Russian Federation, or by e-mail to
[email protected]".
8. FINAL PROVISIONS. CONTACT INFORMATION
8.1. This Agreement and the relationship between the Administrator and the User are regulated and interpreted in accordance with the legislation of the Russian Federation. Issues not regulated by the Agreement are subject to resolution in accordance with the legislation of the Russian Federation. The Parties to the Agreement undertake to submit to the exclusive jurisdiction of the courts of the Russian Federation in the event of disputes arising out of this Agreement. The Parties agreed that all disputes arising from the relations of the Parties regulated by this Agreement should be resolved in a competent court at the location of the Administrator, with mandatory compliance with the pre-trial claim procedure for dispute resolution. The Parties understand and agree that the claim procedure for dispute settlement by the Parties established by this clause of the Agreement is mandatory when the Parties apply to the judicial authorities.
8.2. If for any reason any of the terms of this Agreement are invalid or unenforceable, this does not affect the validity or applicability of the remaining terms of the Agreement.
8.3. This Agreement is concluded for an indefinite period and applies to Users who access and use the Site both before the date of publication of this Agreement and after the date of its publication on the Site.
8.4.4. This Agreement is a public offer, in accordance with Article 437 of the Civil Code of the Russian Federation. The User's consent to the terms of this Agreement (acceptance) is considered to be the actual use of the Site, its sections, Services and results of intellectual activity posted on the Site.
8.5. The Site Administration has the right to make changes to this Agreement. When making changes in the current version, the date of the last update is indicated. The new version of the Agreement comes into force from the moment of its publication, unless otherwise provided by the new version of the Agreement.
8.6. The current version of the Agreement is available on the page at: / insert address
8.7.7. We will be happy to receive your feedback, questions, suggestions and comments regarding the Site as a whole by sending a written application to the Site Administration at: 42 Bolshoy Boulevard, building 1, room 13, floor 2, Moscow, 121205, Russian Federation, or by e-mail to
[email protected].
