ATTENTION: this translation of the User Agreement is not a legally binding document. The original User Agreement, which is valid, is located at the following address:
Korzukhin Alexey, who is the administrator of the domain http://cemetery.media/ (hereinafter “Administrator”) under art.437, para. 2, of the Russian Civil Code, offers to any individual (hereinafter “User”) to conclude an agreement (to accept a public offer) under the conditions specified bellow.
- Agreement – this agreement together with all the annexes and additions to it. The current edition of the Agreements is available on the web site of the Administrator (at http://cemetery.media/site/agreement).
- Website – the Administrator website with the domain name http://cemetery.media/.
- Use of the Website – usage of its functional capabilities.
- User – a user of the Web Site.
- Registered User – a Website User registered in the accordance with the procedure established by the Administrator and who has a personal page (profile/account) at the Website. Any individual who has reached the age which permits under the Russian Federation law to accept the Agreement and who has corresponding powers and legal capacity can become a Registered User.
- Authorized Representative – an individual granted by the Registered User the right to practice certain actions in accordance with the conditions of the present Agreement.
- Capsule – information provided by the Registered User, including the Content, which can be viewed by all the Users (Opened Capsule) or only by the User in person (Closed Capsule).
- Content – information in any form including video files, photos, images, audio, texts and other materials of the Registered User.
- Username and password - personal identification system used for gaining access to Personal Account.
- User’s e-mail address – the User’s e-mail address specified by him/her in the course of Registration on the Website.
SUBJECT MATTER OF THE AGREEMENT
- In accordance with the conditions of the Agreement, the Administrator provides the following opportunities to the Registered User:
- to view the Opened Capsules of the Registered Users;
- to appoint an Authorized Representative;
- to upload and edit Content.
- In accordance with the conditions of the Agreement, the Administrator provides the opportunity to view Opened Capsules to the User.
- The amount of the Website functional capabilities which is provided to the User and the Registered User can differ.
THE PROCEDURE FOR THE AGREEMENT CONCLUSION AND CHANGES
- The user is obliged to examine the content of the Agreement before carrying out actions considered as the acceptance according to paragraph 3.2. of the Agreement.
- In accordance with Paragraph 1 of Article 433, Paragraph 3 of Article 434, and Paragraph 3 of Article 438 of the Russian Civil Code, the Agreement with the User is considered concluded from the time of the registration of the user as a Registered User. Registration of the User on the Website is considered to be the acceptance of the Agreement. The fact of the Agreement conclusion in this manner means the full and unreserved acceptance by the User of the conditions stated in the Agreement.
- After a User registers on the Website, the registration confirmation link is sent to the User’s e-mail Address.
- The Administrator has the right to unilaterally change the Agreement at any time fulfilling the conditions of paragraph 3.5 of the Agreement. From the moment of the publication of a new edition of the User Agreement, the Parties are guided by the provisions of the new edition.
- The Administrator must inform the User about forthcoming changes in the Website functionality and the Agreement not less than 5 (five) calendar days before such changes and documents come into effect.
- If the User does not agree with changes in the Agreement and the Website functionality or other conditions of the provision of services, he/she must cancel immediately to obtain the service whose provision has been changed. By continuing to use the Website after the Agreement and the Pricelist came into effect, the User is expressing consent to new conditions of the provision of services according to the Agreement and the Pricelist.
- The user is obliged to read the messages received from the Administrator by e-mail. All the messages will be considered received after 24 hours from the moment the Administrator sent them. The User bears all the risks associated with late reading of the e-mails from the Administrator.
- The Parties have agreed that any User’s actions on Personal Account, e-mails, and also the User’s reaction to these actions are legally binding and are acknowledged by the Parties.
REGISTRATION ON THE WEBSITE
- The registration of the User on the Website is free, voluntary and is done on the Internet at: http://cemetery.media/user/register
- When registering on the Website, the User must provide to the Administrator necessary true and up-to-date information including unique for every User username and password to access the Website, and also the User's e-mail address (hereinafter – information mandatory for filling). The registration of the User can be carried out only if all the mandatory information is provided.
- During the procedure of registration the User can be required to provide optional information. If the User does not provide optional information it does not affect the registration of the User on the Website.
- The User is responsible for that the information provided during the registration is true, up-to-date, complete, complies with the legislation of the Russian Federation, and is free of claims of third-parties and government.
- When registering, the User agrees with the conditions of the Agreement and assumes the stated rights and obligations relating to the Website usage and functioning. The User agrees to receive via the services of the Administrator and/or services of third parties electronic messages, SMS messages, and other types of information communications, including advertising ones, and also from the partners of the Administrator.
- After successful registration of the User on the Website, the Administrator assumes the rights and obligations towards the User stated in the Agreement.
- The processing of the personal data of the User is carried out under the current legislation of the Russian Federation. The Administrator processes the personal data of the User in order to provide to the User the access to the Website functional capabilities. The Administrator processes them also in order to check, examine, and to analyze such data which permit to maintain and improve the Website functional capabilities and sections, and to develop new functional capabilities and sections as well.
- The Website Administrator takes all necessary measures to protect the personal data of the User against unauthorized access, alteration, disclosure or deletion.
- The Website Administrator provides access to the personal data of the User only for those workers, contractors, and agents of the Administrator, which need this information in order to provide the Website’s functioning.
- The Administrator has the right to use the information provided by the User, including the personal data, also to transfer it to third parties in order to provide the accomplishment of requirements of the current legislation of the Russian Federation, to provide the protection of the rights and interests of the Users, the Administrator, and third parties (including the purpose of detection, verification/investigation and/or suppression of unlawful actions).
- Disclosure of the information provided by the User can be carried out only under the current legislation of the Russian Federation at the request of the court, law enforcement agencies, and also in other cases provided by the Russian law.
- Since the Administrator processes the User’s personal data in order to fulfill the Agreement, the User’s agreement to process his/her data is not required due to the provisions of the personal data legislation.
- The username and password chosen by the User are necessary and sufficient for the User to access the Website. The User does not have the right to communicate to third parties his/her username and password. Choosing on his/her own the way of their storage the User is fully responsible for their safety. The User can allow his/her hardware and software to store the username and password (in a cookie) for the future automatic authorization on the Website.
- Unless the contrary is not proved by the User, any actions performed with the use of his/her username and password are considered to be performed by the corresponding User. In case of unauthorized access to the User’s username and password and/or personal account or dissemination of the username and password, the User must inform immediately the Administrator about it.
- The User as the owner of information posted on the Personal account realizes that except the cases specified by the Agreement and the current legislation of the Russian Federation, the Administrator does not participate in the content creation and usage, and does not control the access of other users to the User’s data. When posting information on the Website, including his/her personal data, the User realizes and agrees that the mentioned information can be accessible for other Internet users taking into consideration the characteristics of the Website architecture and functional capabilities.
RIGHTS AND OBLIGATIONS OF THE ADMINISTRATOR
- Obligations of the Administrator:
- to provide functioning and operability of the Website and to restore promptly its operability in case of technical failure and interruption;
- to inform the User about the suspension of the access to the Website sending a corresponding message by e-mail.
- Rights of the Administrator:
- to widen and to improve the Website functionality;
- to suspend the service in the following cases:
- if the User posts any information prohibited by the law to be posted, including pornographic materials;
- if the Administrator receives a complaint from a user or other person that the User posts information violating the law, including information which infringes copyright or other exclusive rights of third parties;
- by decision of an authorized state body under the legislation of the Russian Federation.
- to manage statistical information associated with the Website’s functioning in order to organize the functioning and technical support of the Website and to comply with the Agreement. The Administrator has technical capacity to access Personal Accounts of the Users and he uses it only in cases stated by the Agreement;
- to send information about development of the Website and its functional capabilities to the User , and also to advertise the Administrator’s activities;
- at any time, to modify the Website design, its content, functional capabilities; to modify or to supplement used scripts, software, other items used or stored on the Website, any server applications at any time with or without prior notice.
RIGHTS AND OBLIGATIONS OF THE USER
- Obligations of the User:
- not to post and distribute viruses and other malware with the help of the Website;
- not to use the Website’s means to commit unlawful acts, for example: threats and insults, false advertising, incitement to violence, and other acts/omissions which create conflict situations and contravene commonly accepted norms and rules;
- in proper time and on his/her own, to update contact details or other information on the Personal Account;
- in case of loss or disclosure of the username or other confidential information associated with the Agreement, and also in case of change or loss of control over e-mail addresses, to inform about it the Administrator;
- to communicate with the Administrator using only the User’s e-mail address, via the Personal Account.
- The User is personally responsible for any information which he/she posts on the Website, communicates to other Users, and also for any interactions with other Users, at the User’s own risk.
- Rights of the User:
- to fully use the functional capabilities of the Website.
THE FUNCTIONING OF THE WEBSITE AND THE RESPONSIBILITY OF THE PARTIES
- The user is responsible for his/her own actions concerning creation and posting of information on the Website in accordance with the current legislation of the Russian Federation. The breach of the Agreement and the current legislation of the Russian Federation causes civil, administrative, and criminal liability.
- The Administrator provides for the Users technical means to use the Website, does not participate in the generation of content of the Users’ Capsules, in posting of information on the Website by the Users, does not control and does not bear responsibility for acts or omission of any persons concerning usage of the Website or the creation and use of content of the Users’ Capsules.
- The Website information system and its software don’t have technical solutions which automatically censor and control actions and information relations of the Users concerning the use of the Website.
- The Administrator does not preliminarily moderate or censor information of the Users, and takes actions to protect rights and interests of individuals and to provide compliance with the requirements of the legislation of the Russian Federation only upon application of an interested party to the Administrator in due course.
- The Administrator is not responsible for the following situations:
- infringement of the Agreement by the User. In the Administator’s sole discretion, and also in case of receipt of information from other users or third parties about an infringement of the Agreement by the User, the Administrator reserves the right to change (moderate), block or delete any information posted by the User which infringes prohibitions specified by the Agreement, to suspend, restrict or terminate the access of the User to all or any of the Website’s sections or functional capabilities, at any time for any reason or without explanation of reasons, with or without prior notice.
The Administrator reserves the right to delete the User’s Capsule and/or suspend, restrict or terminate the access of the User to any of functional capabilities of the Website, if the Administrator discovers that, in the Administrator’s opinion, the User constitutes a threat to the Website and/or its Users. The Administrator carries out the measures described above with accordance to the applicable law and is not responsible for probable negative consequences of such measures for the User or third parties;
- for temporary failures and interruptions in the functioning of the Website’s and loss of information caused by them;
- any damage inflicted to a computer of the User’s or any other party, mobile or any other devices or software caused or associated with downloading of materials from the Website or links posted on the Website.
- The removal of the User’s Capsule means an automatic removal of all information posted on it, and also all User’s information which was supplied for the registration on the Website. After the removal of the User’s Capsule, the User loses access to the Website as a Registered User.
- Limitation of the Administrator’s responsibility:
- The Website and its functional capabilities, including all scripts, applications, content, and the Website’s design, are provided “as is. The Administrator makes no warranties of fitness for a particular purpose of usage of the Website or its functional capabilities. The Administrator cannot make any warranties or representations about specific results because of use of the Website or its functional capabilities;
- In order to avoid confusion, the User should take precautions when using any files, including software.
- The User acknowledges that, when using the Website, he/she downloads from or through the Website any materials at his/her own risk and is personally responsible for probable consequences of usage of the mentioned materials, including damage which it can cause to a computer of the User or third parties, for loss of data or any other damage;
- Under no circumstances, the Administrator or Administrator’s representatives are responsible towards the User or any third parties for any indirect, accidental, unintentional damage, including loss of profit or lost data, injury to honor, dignity or business reputation caused by use of the Website, Website’s content or other materials to which the User or other parties obtained access through the Website, even in the Administrator warned or referred to probability of such injury.
- The Agreement comes into force since the signing and is valid until the parties fulfill completely their obligations concerning the Agreement.
- The Parties have agreed about allowability of sending messages by e-mail. The messages mentioned in this paragraph are considered by the parties to be legally binding.
- The Parties have agreed about allowability of sending messages by e-mail. Messages sent by e-mail would have legal effect of paper-based documents only under the following conditions:
А) if they are received from the e-mail address of the Administrator and the User (Registered User), with the assumption that no notice from the corresponding party about loss of control (access) over the e-mail address has been received;
Б) the text of the document, and also of signatures and seals (concerning electronic graphic copies of paper-based documents) is distinguishable.
- A message sent by one Party in accordance with paragraphs 8.2. and 8.3. of the Agreement will be considered received by the second Party after 24 hours from the moment of sending or on the first working day after sending. Impossibility to receive the mentioned message (including cases of late payment for the services of telecommunication service providers or technical problems which such companies can have when providing telecommunication services) is not regarded as a valid reason for failure to receive such messages.
- In case of loss of control (access) over the e-mail address, a Party must send to the other Party a notice in writing form, specifying new e-mail address, within 3 (three) days from the moment of such event.
- The parties undertake not to use information obtained through the Agreement for purposes which directly or indirectly cause damage to the other Party and/or in order to obtain any advantages or benefits during the term of the Agreement, and also not to disclose to third parties, except in cases stipulated by law, information or documents obtained from the other Party in connection with the conclusion and fulfillment of the Agreement. A Party must inform the other Party about changes in contact details specified in Section 10 of the Agreement not less than 5 (five) calendar days from the change, if a shorter time limit is not stipulated by the Agreement or determined by prevailing circumstances.
- The Parties have established mandatory pretension procedure for settlement of disputes. The term for reviewing claims is 10 (ten) working days from the moment it is received. If the Parties fail to settle a dispute by means of pretension procedure a case shall be submitted to the Arbitral Tribunal of Sverdlovsk Oblast in case if a Principal is a legal entity or individual entrepreneur.
CONTACT DETAILS of the Administrator
Korzukhin Alexey, firstname.lastname@example.org