«01» июня 2019
PLEASE CAREFULLY READ THIS USER AGREEMENT BEFORE USING THE WEBSITE. USING THIS WEBSITE IS ALLOWED, IF YOU ACCEPT ALL TERMS OF THIS AGREEMENT ACCEPTING THIS AGREEMENT, YOU ASSUME A COMMITMENT BELOW.
1.1. The User Agreement (hereinafter – Agreement/this Agreement) is addressed the Individual entrepreneur Sukhoguzova Alina Aleksandrovna, TIN 121635337678, OGRN 318500700013503, 385792, Adygeya rep, Maykop district, Dakhovskaya stanitsa, Vostochnaya street, house 8, hereinafter «Site Administration», to any person who uses the site (hereinafter the User) located at: http://garti.me
(hereinafter – Site), with the offer to сoclude the agreement on the terms below:
1.2. Under paragraph 2 of Article 437 of the Civil Code of the Russian Federation, this Agreement is recognized as an offer (public offer). Per Article 438 of the Civil Code of the Russian Federation, acceptance of the terms of this Agreement is considered to be the performance of the actions outlined in the Agreement. The agreement concluded by accepting this offer does not require bilateral signing and is valid in electronic form.
1.3. The user is not entitled to conclude this Agreement if he has not reached the age sufficient for its conclusion, under the current legislation.
2. TERMS AND DEFINITIONS
The terms in this section used in this Agreement, unless otherwise specified, will have the following meanings:
2.1. Administration of Site – Sukhoguzov Andrey Pavlovich, TIN 504210584635, OGRN 315504200003277, Legal address: 183001, Russian Federation, Мurmansk region, Murmansk, Kirova avenue, house 62, has all the rights to the Site.
2.2. Site - a set of programs for electronic computers and other information contained in the information system, access to which is provided through the information and telecommunications network Internet and located at: http://garti.me.
2.3. Offer - a proposal to any person to agree on the terms exhaustively outlined in this Agreement.
2.4. Acceptance - full and unconditional consent of a person to agree on the terms outlined in this Agreement. For this Agreement, acceptance is recognized when the User puts a mark in the field about his agreement with the terms of this Agreement.
2.5. Content - any text, graphics, audio, video, and other materials posted on the Site.
3. SUBJECT-MATTER OF AGREEMENT
3.1. The Site Administration grants the User a simple (non-exclusive) license to use the Site and the content posted on the Site, on the terms outlined in this Agreement.
3.2. The Site Administration confirms that it has all exclusive rights to the Site.
3.3. The user confirms, making an acceptance, he has read the terms of this Agreement and the terms of the Agreement are clear to him.
3.4. The text of this Agreement is posted on the Site. The Site Administration has the right to change this Agreement at any time. The terms of the Agreement cannot be changed, except through the new publication of the amended document on the Site.
4.1. The User has a right:
4.1.1. Access to the Site within 24 hours, except for the time of preventive maintenance.
4.1.2. Use the Site within the limits specified in this agreement.
4.2. The user undertakes:
4.2.1. Comply with the terms of this Agreement.
4.2.2. Do not distribute any malicious software that damages, interferes, intercepts, expropriate, otherwise violates the integrity of software or hardware systems connected with this Site, as well as or personal information of other Users.
4.2.3. Do not copy, reproduce, re-publish, do not make transactions with the content of the Site, and do not use the Site to participate in activities similar to the activities of the Site Administration.
4.2.4. Do not upload, publish, otherwise make available on the Site any information that violates the requirements of current legislation or that, in the opinion of the Site Administration, violates the rights and interests of other citizens and legal entities or for other reasons is undesirable for posting on the Site, including, but not limited to, information that violates the intellectual rights of third parties contains threats, discredits, insults, defames honor and dignity or business reputation or violates the privacy of other Users or third parties, contains obscene language, contains pornographic images, promotes and (or) promotes racial, religious, ethnic hatred or enmity, contains information of limited access, including, but not limited to, state and commercial secrets.
4.2.5. Perform other obligations provided for in this Agreement, as well as comply with all applicable laws and other regulatory legal acts when using the Site.
4.3. The Site Administration has a right:
4.3.1. To establish restrictions on the site use for some categories of users, which depends in particular, but not limited to, on the territory of the User's location, the language in which the Site is provided, the maximum size of information that can be uploaded by the User to the Site.
4.3.2. Delete or change any information posted by the User on the Site that violates the requirements of current legislation, the rights and interests of other citizens and legal entities, or is undesirable for posting on the Site.
4.3.3. Do not check the content of any information transferred by the User through the Site.
4.3.4. Terminate this Agreement with the User and refuse to execute it if the User fails to comply with the terms of this Agreement.
4.3.5. Terminate this Agreement with the User and refuse to execute it if the User fails to comply with the terms of this Agreement.
4.4. The Site Administration undertakes:
4.4.1. Ensure the availability of the Site within 24 hours, except for the time of preventive maintenance.
4.4.2. Won't take any actions that may lead to the impossibility of using the Site by the User.
5. TERMS OF SITE USING
5.1. The Site Administration grants the User a personal, worldwide, free, non-exclusive, limited, and non-assignable license to use the Site on the terms outlined in this Agreement.
5.2. The Site Administration grants the User the right to use the Site solely for purposes that do not contradict the current legislation. Unless otherwise specified in this Agreement, the User does not have the right to: collect, copy, distribute, demonstrate, modify, use automatic devices, programs, algorithms that perform functions in the area of accessing or copying any part of the Site, download any part of the Site, except for short-term downloads (caching) to use the Site.
5.3. The user has the right to upload, publish, otherwise make information available on the Site, thereby providing the Site Administration with a free, non-exclusive, worldwide license to use such information for the duration of exclusive rights. The Site Administration is not obliged to provide the User with reports on the use of the information posted by him.
5.4. The User is fully responsible for the compliance of all information posted on the Site with the requirements of current legislation, including the liability to third parties in cases where the User's posting of such information on the Site or its content violates the rights and legitimate interests of third parties. The Site Administration has the right to edit (moderate) the information that the User has posted on the Site.
5.5. Termination of this Agreement immediately terminates all licenses and rights to use the Site. Termination of the Agreement does not affect the User's obligations imposed by the terms of this Agreement to the Site Administration, which, within reasonable limits, should be preserved even after termination of the Agreement.
6.1. The Administration of the Site makes every possible effort to ensure the operability of the Site but does not guarantee its constant availability, uninterrupted and timely provision, safety, accuracy, absence of errors in the operation of the Site. The only available opportunity for the User in connection with the above problems is the immediate termination of the use of the Site.
6.2. The use of the Site is provided to the user "as is" and is carried out at his own risk and without any guarantees from the Site Administration, whether direct or implied warranties, including, without limitation, guarantees or conditions for quality assurance, performance, commercial suitability, or suitability for using the Site for other purposes. The Site Administration is responsible for the culpable failure to fulfill or improper fulfillment of its obligations.
6.3. The Site Administration does not bear any responsibility, whether it is contractual liability or liability from causing harm, regardless of whether the Site Administration was notified of the possibility of the occurrence of these violations or damage associated with or resulting from the use of the Site by the User, including, but not limited to, for damage resulting from:
6.3.1. User uploads or other data acquisition through the Site. Any recommendations received by the User orally or in writing from the Site Administration do not create any guarantees;
6.3.2. Conducting by the Site Administration of preventive work on the Site with the simultaneous termination of the use of the Site by the User;
6.3.3. The occurrence of the circumstances provided for in section 8 of this Agreement;
6.3.4. Actions (inaсtivity) of other Users.
6.4. The user is responsible for non-fulfillment or improper fulfillment of his obligations. If any person brings a claim against the Site Administration as a result of violation by the User of this Agreement and (or) the rights of such a person, including violation of exclusive rights, then the User is obliged to enter into legal proceedings as a third party, provide appropriate compensation and protect the Site Administration from damages such a third party.
7. FORCE MAJEURE
7.1. If we are unable to provide the use of the Site due to the occurrence of force majeure, under the terms of this Agreement, this should not be considered as a violation of our obligations towards the User.
7.2. Force majeure circumstances directly or indirectly affecting the implementation of this Agreement by the Site Administration include natural disasters, effects of forces or causes outside of Our reasonable control, including but not limited to: disconnection of the Internet, computers, telecommunications, or any other equipment failures, power outages, actions of public authorities, including decisions of domestic or foreign courts or tribunals or non-fulfillment of obligations by third parties.
8. СLAIMS AND NOTIFICATIONS
8.1. In the case of disputes between the Site Administration and the User arising from this Agreement, the claim procedure for their settlement is mandatory.
8.2. The user has the right to send a written reasoned claim to the Site Administration if he believes that the Site Administration violates the terms of this Agreement. Claims that do not allow the identification of the User are not considered by the Site Administration.
8.3. The Site Administration has the right to send a written reasoned claim to the User who, in the opinion of the Site Administration, violates the terms of this Agreement.
8.4. The duration of the claim consideration is 30 (thirty) days from the date of its receipt by the addressee.
8.5. In case of failure to resolve the dispute arising from this Agreement in a complaint procedure, the dispute is subject to consideration in court at the location of the Site Administration.
9. CONFIDENTIALITY AND SECURITY
10.1 The Site Administration respects the right of each User to receive only such messages, to which he has expressed his consent. When sending out such messages, the Site Administration adheres to the Policy for sending notifications and advertising information posted on the Site.
11. FINAL CLAUSES
11.1. This Agreement between the Site Administration and the User exhaustively regulates the User's use of the Site, including all functions and services of the Site, replacing any previous written or oral agreements regarding the content of this document. Due to the gratuitous nature of actions on the use of the Site, the Law of the Russian Federation of February 7, 1992, N 2300-I "On Protection of Consumer Rights" is not applied to the relationship between the Site Administration and the User.
11.2. Taking into account the principle of equality and independence of the parties, no labor, agency, partnership relations other than relations on the use of the Site between the Site Administration and the User can be established by this Agreement. The listed relations, as well as any others, are established by separate agreements between the Site Administration and the User.
11.3. If any provision of this Agreement or part of it is found to be unenforceable by any judicial or administrative body with proper jurisdiction, such provision or part of it must be removed from this Agreement without any prejudice to the legality, effectiveness, possibility of compulsory execution of the remaining provisions of this Agreement.
11.4. Inactivity or delay in the implementation by the Site Administration of its legal rights or claims for damages provided for by this Agreement does not mean the Site Administration waives of its legal rights.
11.5. The Site Administration reserves the right to amend this Agreement. Changes come into force from the moment they are posted on the Site. The User hereby acknowledges and agrees that his use of the Site after making changes to this Agreement automatically means the User's consent to the changes made.
11.6. The name of sections of this Agreement are established for reference purposes only and do not in any way define, limit, or interpret the content of the corresponding section.
11.7. This Agreement is subject to the laws of the Russian Federation.
11.8. This Agreement has been drawn up in Russian.
Individual entrepreneur Sukhoguzova A. A.