This document is a translation of User Agreement in English. In case of conflict between the Russian version of User Agreement and this translation — only the Russian version of User Agreement is legally binding. The Russian version of User Agreement can be found here: https://www.romanzolotarev.com/terms.ru.html
Date of publication: 16 Jan 2019
1.1. Sole trader Roman Zolotarev (TIN 16570847237; registration number 317169000003180; address Kazan, Tatarstan Republic, Russian Federation) (hereinafter — ST) offers Internet users (hereinafter — the User) the opportunity to use its Services on the terms and conditions of this User Agreement (hereinafter — the Agreement, User Agreement). This Agreement shall take effect upon the User’s express agreement with its terms according to Clause 1.4 hereof.
1.2. The ST offers to the User access to Services. All currently available Services as well as their development and/or addition of new Services shall be the subject of this Agreement.
1.4. By starting the use of any Services/certain functions or going through the registration procedure, the User shall be deemed to have accepted the terms of this Agreement in full without any limitations or exceptions. If the User does not agree to any provisions of this Agreement, the User must not use Services of the ST. If the ST makes any amendments to this Agreement as prescribed by Clause 1.3 hereof to which the User does not agree, the User shall cease to use any Services of the ST.
2.1. To use certain Services or certain specific functions of Services, the User shall complete registration to create a unique account.
2.2. Upon registration the User shall provide valid and complete information requested in the registration form and shall regularly update such information. If the User provides invalid information or the ST has reasons to believe that any information provided by the User is incomplete or invalid, the ST may at sole discretion of the ST block or delete the User’s account or deny the User the use of any Services (or certain functions).
When signing up, the User may upload an image for the User’s profile (avatar). The profile image can be attached to the User’s posts in Services. The profile image shall meet the requirements of Section 4 of this Agreement.
When the User uses the User’s image as a profile image, the User is aware and agrees that the ST may publish and further use the User’s image in Services, promotional items, corporate blogs, and the ST accounts in third-party resources.
2.3. The ST shall reserve the right to require at any time that the User verify the information provided upon registration and to request supporting documents (personal identification documents in particular); failure to provide these documents may, at the ST’s discretion, be regarded as provision of invalid information and entail consequences according to Clause 2.2 hereof. In case the User’s information specified in the documents fails to conform to the information provided upon registration or if the information provided upon registration does not make it possible to identify the User, the ST shall reserve the right to deny the User’s access to the User account and to usage of Services.
2.5. Means of access to the User’s account.
2.5.1. Upon registration the User uses the User’s own email address to access the account.
2.5.2. After registration, the User will be able to access the User’s own account using alternative means of authentication replacing the previously chosen email address.
2.5.3. When the User logs in, the data entered by the User on the User’s own device can be automatially saved on the User’s device until the end of User session under the User’s account. The credentials automatically saved on the User’s device can be used to access Service of the ST.
2.6. The User shall be responsible for security of the chosen means of access to the User’s account and for confidentiality of such means. The User shall be responsible for any actions (and their consequences) in and with Services through the User’s account. Any actions in or with Services of the ST performed through the User’s account shall be considered done by the User, except for the cases when the User as prescribed by Clause 2.6 hereof notifies the ST of unauthorized access to Services through the User’s account and/or any other breach (alleged breach) of confidentiality of the chosen means of access to the User’s account.
2.7. The User shall promptly inform the ST of any instances of unauthorized (not allowed by the User) access to Services through the User’s account and/or any breach (alleged breach) of confidentiality of the chosen means of access to the User’s account. For security reasons, the User shall securely log out after completing each session (Log Out button) of operating Services. The ST shall not be responsible for any potential loss or damage of information as well as any other consequences appearing as a result of failure by the User to comply with this part of this Agreement.
2.8. The User may not reproduce, duplicate or copy, sell, resell or use for any commercial purposes any parts of Services (including content available to the User through Services) or access to Services, except when authorized by the ST.
2.9. The ST may block or delete the User’s account as well as prohibit access through any account to certain Services and delete any content without giving reasons including in case the User violates the terms of this Agreement and terms of any documents listed in Clause 1.3 hereof and in case of failure to use a service.
2.10. User account deletion.
2.10.1. The User may at any time delete its account at all Services or, if such option is available, terminate the account in respect of certain Services.
2.10.2. An account shall be deleted by the ST as follows:
2.11. The User shall not share User’s account with any other people (or robots).
3.1. The ST may impose restrictions on the use of Services for all Users including: availability/unavailability of certain service functions, content, maximum number of service uses in a certain period, etc. The ST may prohibit automatic requests to servers of the ST as well as terminate acceptance of any automatically generated information (for instance, spam).
3.2. The ST has the right to send information messages to the users. Using the Services, the User agrees to receive advertising messages in accordance with Part 1, Article 18 of the Law “On Advertising”. The User has the right to decline receiving advertising messages by using the corresponding functionality of the service, as part of which or in connection with which the User has received advertising messages.
3.3. To improve the quality of Services, the ST may collect opinions and feedback of Users on various matters sending an info message, when the User visits the service once again. Collected opinions and feedback can be used to form statistics, which can be used in Services. The ST can also publish feedback submitted by the User through its account in Services with and without the user name indicated. When writing feedback, the User undertakes to be guided by the requirements of this Agreement, including the requirements stipulated by cl. 5 of this Agreement.
4.1. The User shall be responsible for compliance of any content posted by the User with applicable legal requirements including responsibility to third parties in case posting by the User of any content or its subject matter infringes on rights and legitimate interests of third parties including personal non-property rights of authors, any other intellectual property rights of third parties and/or encroaches on other intangible assets.
4.2. The User acknowledges and agrees that the ST is not under obligation to review any content posted and/or distributed by the User through Services and that the ST has the right (but shall not be obliged to) at its discretion to prohibit the User from posting and/or distributing content or may remove any content available through Services. The User acknowledges and agrees that the User shall independently assess any risks related to using content including its reliability, validity or usefulness.
4.3. The User acknowledges and agrees that technologies of service operation may require reproduction (replication) of User content by the ST as well as its processing by the ST for compliance with technical requirements of a particular service.
5.1. The User may use standard features of the Service free of charge. Advanced features of the Service are available subject to subscription (hereinafter — Subscription).
5.2. With the Subscription, the User signs a contract with the ST (hereinafter — Contract) as specified in this document and provisions of Art. 429.4 of the Civil Code of the Russian Federation (subscription contract). Under the Contract, the ST undertakes to provide advanced features of the Service to the User for the Subscription Period, and the User undertakes to pay the Subscription cost.
For the purposes of these Terms, the Subscription Period means a period of time (e.g., 30 or 365 days) for which the User subscribes and a respective fee is charged.
5.3. Information on the subscription fee, payment methods and the Subscription Period as well as information on other privileges available with the Subscription can be found at https://www.romanzolotarev.com/m/.
This information forms part of this Agreement and is covered by the rules of cl. 1.3 of this Agreement. The User understands and agrees that the list of privileges available at https://www.romanzolotarev.com/m/ may be changed, inter alia, may be extended/shortened.
Payment transactions are processed by Paddle. Paddle Buyer Terms and Conditions available at https://paddle.com/legal-buyers/.
5.4. The User may be provided with the discount at sole discretion of the ST.
5.5. The User will pay upfront. The Subscription will be provided to the User with all the functions and in full from when the User is granted access to the Service. No other moment can be construed as the time the ST discharged the obligations it assumed.
The ST reserves the right to make advanced features of the Service accessible to the User before the subscription fee is paid. In this case, the ST will be deemed to have discharged all its obligations when the User is granted access to the Service.
5.6. With the Subscription, the User authorizes the ST to charge, as a prepayment, in each Subscription Period the User specified when subscribing, the subscription fee the ST will set on the day of payment, until the User refuses to renew the Subscription for the next Subscription Period.
The User may ask for a refund for the last Subscription Period within 14 days since the most recent charge for User’s account.
5.7. The User understands and agrees that the Subscription, by default, is indefinite from when the first Subscription Period is paid for. The User may refuse to renew the Subscription for the next Subscription Period. Besides, the ST may terminate the Subscription in other cases or on other grounds as specified in the Argeement.
5.8. The User’s refusal to pay the subscription fee for the relevant Subscription Period constitutes the User’s refusal to renew the Subscription. In this case, user access to advanced features of the Service will terminate from the day following the last day of the paid Subscription Period.
5.9. The Service can only be used with access to the Internet. The User will independently gain and pay for such access under the terms and rules of the User’s telecoms operator or Internet provider.
5.10. As a general rule, the User is identified according to details of the User’s account. The ST may use other data to identify the User, including payer data, if such identification does not violate the rights of the parties, the rights of third parties, or the current laws.
5.11. Where the current laws permit, when the Subscription is paid online, when the said payment is refunded, a cash voucher will be e-mailed to the address specified at invoicing or created at registration of the User’s account authorized with to make the payment.
5.12. Upon using the Service, the User shall not:
6.1. Any objects available through Services including design elements, text, graphics, illustrations, video, software, databases, music, soundtracks and other objects (hereinafter — service content) as well as any content posted at Services are exclusive property of the ST, Users and other right holders.
The personal non-commercial use by the User of service content elements and any content is authorized upon preservation of all marks of copyright, associated rights, trademarks, other notices of copyright, preservation of the name (pseudonym) of the author/right holder’s name unchanged and preservation of corresponding object unchanged. The exception shall be cases directly stated by Russian laws or user agreements of certain Services.
7.1. Services may content links to other websites (third-party websites). Such third parties and their content are not verified by the ST for compliance with any requirements (validity, completeness, accuracy, etc.). The ST shall not be responsible for any information or materials posted at third-party websites that the User may access through the Services including any opinions or statements at third-party websites, advertising, etc. as well as availability of such websites or content and consequences of their use by the User.
7.2. A link (in any format) to any website, product, service, any commercial or non-commercial information published on the Website shall not be considered as approval or recommendation of such products (Services, activities) by the ST, unless directly stated at the ST resources.
8.1. The ST shall be responsible for its advertising at Services to the extent prescribed by Russian laws.
9.1. The User uses Services at the User’s own risk. Services are provided as is. The ST accepts not responsibility including for compliance of Services with the User’s goals;
9.2. The ST does not guarantee that Services comply/will comply with User’s requirements; that Services will be provided without interruptions, promptly, sustainably and without errors; that results received with the use of Services are accurate and reliable and may be used for any purposes or in any capacity; that the quality of any product, service, information, etc. received through the Services will meet the User’s expectations;
9.3. Any information and/or materials (including downloadable software, messages, any instructions and guidelines, etc.) which the User accesses through Services may be used by the User at the User’s own risk and the User shall be responsible for any potential consequences of the use of such information and/or materials including any damage to the User’s computer or third parties, loss of information or any other damage;
9.4. The ST shall not be liable for any losses resulting from the User using Services or separate parts/ functions of Services;
10.1. This Agreement is an agreement between the User and the ST regarding the procedure of using Services and shall replace all previous agreements between the User and the ST.
10.2. This Agreement shall be regulated and interpreted according to laws of the Russian Federation. Any issues not regulated hereby shall be settled according to Russian law. Any disputes arising out of relations regulated by this Agreement shall be settled as prescribed by applicable Russian laws according to Russian legal standards. In any part of this Agreement, unless otherwise stated, the term “law” shall mean laws of the Russian Federation as well as laws of the country of the User’s location.
10.3. Nothing in this Agreement shall be interpreted as agency, partnership, mutual activities, employment or any other relations not directly stated in this Agreement.
10.4. If for any reasons one or several provisions of this Agreement are declared invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions hereof.
10.5. This Agreement is made in the Russian language and in certain cases may be provided to the User for review in a different language. In case of any differences between the Russian text of this Agreement and the text of this Agreement in any other language, the Russian text shall prevail.