1.2. Соглашение заключается между ООО «Лавпланет» (ОГРН 1067761685100, адрес юридического лица и почтовый адрес: 115280, г. Москва, вн.тер.г. Муниципальный округ Даниловский, ул. Ленинская слобода, д. 26, стр. 3, этаж 2, помещ. I, ком 44.) (ранее и далее — «Администрация») и физическим лицом, соответствующим условиям Соглашения (ранее и далее – «Пользователь»). Условия настоящего Соглашения рассматриваются Администрацией как публичная оферта в соответствии со статьей 437 Гражданского кодекса Российской Федерации. Регистрация Пользователя на Сайте означает полное и безоговорочное принятие Пользователем условий настоящего Соглашения в соответствии со статьей 438 Гражданского кодекса Российской Федерации.
1.3. Соглашение может быть изменено Администрацией в одностороннем порядке без какого-либо специального уведомления Пользователя. Новая редакция Соглашения вступает в силу с момента ее размещения на Сайте. Действующая редакция Соглашения всегда находится на странице Сайта по адресу http://swinge.ru/a-conditions/. Администрация рекомендует Пользователям регулярно проверять условия настоящего Соглашения на предмет их изменения. Продолжение использования Сайта Пользователем после внесения изменений в условия настоящего Соглашения означает согласие и принятие Пользователем таких изменений.
2. User registration, password and security
2.1. A natural person who has reached the age of 18 years, and who also meets the requirements of current Russian Federation law to be able to conclude the present Agreement, may become a User of the Site.
2.2. To begin using the Site, the User must go through the Site's registration process. To register, the User must fill out the registration form posted at http://swinge.ru/a-register/ (hereinafter "the Form"). During the registration process, the User undertakes to provide the Administration with full, accurate, and up-to-date personal information in response to all the questions included in the Form.
2.3. After filling out the Form, the User must pass through an obligatory verification process by entering on the Site a unique code that the Administration will send to the email address that the User gives when filling out the Form.
2.4. Once the User has properly completed all the actions required for registration on the Site, a personal page will be created for the User with a web address of the form: http://swinge.ru/page/"User's unique user name".
2.5. The User does not have the right to register more than one personal page on the Site.
2.6. The login (unique symbolic account name) and password chosen by the User are necessary and sufficient information for the User to access the Site. The User is responsible for the security of his login and password. Any actions undertaken on the Site using the User's login and password are considered to have been undertaken by the User, unless the User shall have proved the contrary. The User undertakes to inform the Administration of any unauthorized access to the Site (access without the User's permission) using the User's login and password, and/or of any violation of the security of his login and password.
2.7. On registration the User acquires the right to post information independently on his personal page within the Site, for personal and non-commercial purposes, in a way that is established by the functioning of the Site; to interact with other Users; to make proper use of other functionality provided by the Site, in accordance with the present Agreement and Russian Federation law. The Administration bears no responsibility for information posted by the User to his personal page, and does not restrict other Users' access to the said information.
3. Rights and obligations of the User
3.1. When using the Site, the User is obliged to observe the provisions of current Russian Federation law and of the present Agreement.
3.2. The User does not have the right to post any information, data, text, images, photographs, graphics, music, or other materials (hereinafter "Content"), or to send messages by way of the Site, that may violate the rights and interests of other persons.
3.3. The User is personally responsible for Content that is uploaded, transmitted, broadcast, or made available on the Site as a result of any other action by the User. The Administration bears no responsibility for Content transmitted via or posted on the Site by the User.
3.4. The User undertakes:
3.4.1. not to upload, store, publish, disseminate, make accessible, or in any other way use information that:
a) contains pornography and/or scenes of a sexual character involving minors and (or) messages enticing minors to participate as performers in shows of a pornographic character;
b) contains any description of means or methods of committing suicide or any incitement to commit suicide;
c) promotes and/or assists the fomenting of racial, religious, national, or ethnic hatred or enmity;
d) promotes the cult of violence and cruelty;
e) contains extremist material;
f) promotes criminal activity or contains advice, instructions, or guidance on how to commit criminal acts;
g) contains restricted-access information, including but not limited to state and commercial secrets and information about the private lives of third parties;
h) promotes or describes the attractiveness of using drugs; information about the dissemination of drugs; recipes for their preparation and advice on their use; or contains information on means and methods of development, manufacture and use of narcotic drugs, psychotropic substances and their precursors, new potentially dangerous psychoactive substances, places of their acquisition, methods and places of cultivation of narcotic plants;
i) is fraudulent;
j) harms the honor, dignity, or business reputation of other persons;
k) violates the privacy of other Users' or third parties' private lives;
l) contains slander, coarse and offensive expressions and remarks, or indecent language;
m) violates the rights of third parties or current Russian Federation law.
3.4.2. when posting Content to the Site to observe the rights of third parties, including the rights of authors and copyright holders to the products of their intellectual activity;
3.4.3. when posting photographs depicting third parties to the Site, to obtain the said persons' agreement to the publication and/or use of their images;
3.4.4. not to post on the Site or disseminate by way of the Site any Content that contains advertising or propaganda;
3.4.5. to keep his personal information up-to-date;
3.4.6. not to present third parties' data with the intention of passing himself off as another person;
3.4.7. not to use the Site to register advertising or information pages for any legal entity or other organization or society;
3.4.8. not to send spam (including search engine spam);
3.4.9. not to use the Site for posting or disseminating Content containing viruses or other computer code, files, or programs intended to violate, destroy, or restrict the functioning of any telecommunications or computer installation, or programs designed to provide unsanctioned access, or serial numbers for commercial software products or programs for generating them, or logins, passwords, or other means for obtaining unsanctioned access to paid Internet resources, or to disseminate links to any such information;
3.4.10. independently to assess the contents of any Content he posts or sends to ensure it meets the requirements of the Agreement and of current Russian Federation law;
3.4.11. not to use the Site to gather, store, or disseminate others' personal information, or to disseminate links to third parties' email addresses, Internet site addresses (URLs), ICQ and analogous numbers, or telephone numbers;
3.4.12. not to violate the normal functioning of the Site.
3.5. The User is informed that data posted to the Site may be discovered by search engines (Yandex, Google, etc.) even after the User's personal page is deleted from the Site. The Administration does not bear responsibility for the indexing or re-indexing of pages by search engines. The User can remove the aforementioned information from search engine results by addressing the appropriate request to the search engines themselves.
3.6. If the User disagrees with the terms of the Agreement or with any changes to them, the User is obliged to desist from using the Site and to inform the Administration in the stipulated manner.
3.7. Любые обращения, вопросы, предложения и претензии, связанные с функционированием Сайта и/или действиями Администрации, Пользователь может направлять в соответствии с контактными данными, указанными на странице Сайта по адресу http://swinge.ru/a-showpage/name-contacts/ либо на почтовый адрес ООО «Лавпланет», указанный в п. 1.2. Соглашения.
3.8.The User has the right to delete his personal page at any time, using a special function provided on the Site. The User has the right of access to his personal data and the right to correct and/or delete personal data and/or restrict their processing.
3.9. The User has the right at any moment to decline a paid service of the Site by sending the corresponding notification to the Administration using the contact details provided in the present Agreement. In the event that the User has paid in advance for paid services of the Site that have not actually been provided because the User has declined them, such payment will be returned to the User on his request using the contact details provided in the present Agreement. In the event that any terms of the present Agreement or terms for the provision of particular Site services contradict the terms set out in the present clause of the Agreement, the terms of the present clause take priority.
4. Rights and duties of the Administration
4.1. The Administration undertakes to provide the User, at his request, with any information concerning Site options and the functioning of the Site, and also to respond to messages from the User sent in accordance with point 3.7 of the Agreeement within 10 calendar days from the receipt of the User's message.
4.2. The Administration has the right to request documents from the User confirming that the User is in possession of all rights necessary to post any particular Content on the Site.
4.3. The Administration has the right to suspend or terminate the User's registration on the Site and/or to remove any Content uploaded to the Site by the User, without informing the User and/or explaining the reasons.
4.4. The Administration has the right to change the design, contents, and functioning of the Site at its own discretion.
5. Personal data
5.1. The User is hereby informed that by placing his data on his personal page on the Site he is making such data accessible to an unlimited number of people who use the Internet (universally accessible personal data).
5.2. The User's personal data are processed in accordance with Russian Federation law. The Administration processes the User's personal data in order to provide the User with access to the functionality of the Site and to fulfil the Agreement. The Administration takes all necessary measures to protect the User's personal data from improper access, alteration, disclosure or destruction. The Administration has the right to use information provided by the User, including personal data, to ensure compliance with the requirements of Russian Federation law (including to warn of and/or to prevent illegal and/or unlawful actions of Users).
5.3. Information provided by the User, other than universally accessible personal data, may be disclosed only in accordance with current Russian Federation law as required by a court or law enforcement authorities or as otherwise provided for in the law of the Russian Federation. Since the Administration processes the User's personal data for the purpose of fulfilling the present Agreement, in accordance with the law on personal data the User's agreement to the processing of his personal data is not required.
5.4. Регистрируясь на Сайте Пользователь дает Администрации разрешение на обработку его персональных данных способами и в целях, определенных в настоящем Соглашении, а также в «Политике в отношении обработки персональных данных и реализации требований к защите персональных данных», размещенной на Сайте по адресу: http://swinge.ru/personal_data/.
5.5. The Administration has the right to use personal data, including by transferring them to Partners for the purposes of conducting marketing, information and advertising campaigns.
5.6. The User permits the Administration to use the email and telephone number given by the User during registration in order to send advertising messages, information about events and new options on the Site, and also analogous information relating to other sites (at the Administration's discretion) and other information. The User may withdraw this permission at any time by using a special Site setting (http://swinge.ru/a-account/) or by sending a request to the support service by means of filling out the form at http://swinge.ru/a-trackernew.
5.7. Пользователь разрешает Администрации подключать к своей персональной странице бесплатные Сервисы без дополнительного уведомления. Для отключения бесплатного Сервиса необходимо направить соответствующую заявку в службу поддержки, заполнив форму по адресу: http://swinge.ru/a-trackernew, либо воспользоваться иным, специально предусмотренным для отключения соответствующего Сервиса функционалом Сайта.
5.8. In the event that the User's personal page is removed from the Site, the Administration has the right to retain information posted to the Site by the User and also submitted in the Form for as long as the Administration shall deem it necessary for the correct functioning of the Site and the fulfilment of the present Agreement.
5.9. Within the framework of partnership programs the Administration has the right to post information posted to the Site (including information posted to the User's personal page) on the Internet under domain names belonging to Partners. In particular, a website wholly or partly reproducing the Site may be posted under domain names belonging to a Partner.
6. Rights to protected products of intellectual activity and trademarks.
6.1. All items posted on the Site, including design elements, text, graphical images, illustrations, video, scripts, programs, music, sound, and other times and collections of items, are subject to the exclusive rights of the Administration, the User, and other copyright holders.
6.2. Other than cases directly stipulated in the present Agreement or in current Russian Federation law, no Content may be posted, copied (reproduced), adapted, disseminated, published, downloaded, or otherwise used in whole or in part without the advance permission of the copyright holder.
6.3. In posting Content to the Site the User grants other users the right to make use of it by viewing it, reproducing it (including copying it) and other rights, for exclusively personal non-commercial use, except for cases where such use would cause or might cause harm to the legally protected interests of the copyright holder.
6.4. The User is permitted to make use of Content to which access is granted exclusively for personal non-commercial use on condition that all signs of authorship (copyright notifications) and other indications of authorship are preserved, the author's name is preserved in unaltered form, and the work itself is preserved in unaltered form.
6.5. The User grants the Administration the right to use the Content he has posted on the Site (including images of the User) at no cost, in any way that is not contrary to the current legislation of the Russian Federation, including, but not limited to, by playing, storing, public display, broadcasting wirelessly or by cable, reworking/translating and publicizing. This content can be used by the Administration in any of the Administration's promotional and marketing materials, including, but not limited to, newsletters, leaflets, presentations, and promotional materials. The right of use under this paragraph of the Agreement is granted for the duration of the exclusive right to the content in question and extends throughout the world. The Administration has the right to transfer the rights specified in this paragraph to third parties. If the User disagrees with the terms and conditions included in this paragraph of the Agreement, the User undertakes to inform the Administration by using the feedback form posted on the App at http://swinge.ru/a-trackernew.
6.6. The User bears personal responsibility for any Content or other information that he uploads or otherwise brings to public attention (publishes) on the Site or by means of it. The User has no right to upload, broadcast or publish Content on the Site if he does not possess the appropriate rights to carry out such actions, obtained or granted to him in accordance with Russian Federation law.
6.7. The Administration has the right, but is not obliged, to check all Content posted on the Site for prohibited Content and may remove any Content at its own discretion, for any reason or without a reason, including, without limits, posting or removing Content that the Administration believes violates the terms of the Agreement or of current Russian Federation law and/or may violate the rights of other Users or third parties, or bring harm to them, or threaten their security.
6.8. Nothing in the present Agreement gives the User the right to use company names, trademarks, domain names or other reserved names belonging to the Administration and/or posted to the Site.
7. Site services
7.1. The User may use entertainment and/or information services provided through programs on the Site, permitting access to additional Site functionality, adding particular design to his personal Page or making it stand out, obtaining additional opportunities for interaction with other Users, etc. (here and hereinafter "Services"). Services may be either paid or free. Services may be offered by the Administration or by Partners. The Administration has the right to expand, contract or alter the list of both paid and free Services at any time. Special rules and terms for the use of particular Services may be set out on the corresponding pages of the Site. From the moment such rules and terms are posted to the Site they become an integral part of the Agreement. The User undertakes to familiarize himself carefully in advance with the rules and terms for using Services. By registering for the Site the User agrees to receive an electronic receipt for paid Services of the Site by email to the address that the User provides when signing up. The User agrees that the Administration does not draw up and does not send to the User any invoice for operations related to the User's payment for paid Services or the Administration's provision of such Services.
7.2. The conventional accounting currency for paying for paid Services on the Site is the Credit. The rules for acquiring Credits, the payment terms, and information about the Credit's value are posted on the Site at http://swinge.ru/a-purse/ accessible to registered users. On acquiring or being given Credits the User obtains the right to use Credits to pay for Services. The User has no property rights in the Credits. Funds spent to acquire Credits are not refundable. Credits cannot be exchanged for cash.
7.3. The User may use a Unit he has acquired at any point during the time he is registered on the Site. If the system of Credits should be abolished, the User will be given a period of 60 (sixty) calendar days to use his Credits, from the announcement of the date when the Credits in the User's electronic purse will cease to be valid. On the expiration of that period, all Credits will be annulled.
7.4. The Credits credited to the User's account (electronic wallet) may not be joined together with another User's Credits or transferred to other Users.
7.5. Credits credited to the User's account and not used are annulled when the User ceases to be registered with the Site, regardless of whether his registration was ended voluntarily or cancelled by the Administration.
7.6. The Administration has the right at any time to change the value of the Credit and/or of paid Services and how they are paid for on the Site, at its own discretion. The Administration has the right at any time to withdraw unused Credits that the User was given for free or to cancel free Services that were offered to the User in the course of an advertising campaign.
7.7. By continuing to use this site, all Users accept the free Service of automatically attracting attention to the User's personal page. This Service uses an algorithm on the basis of information posted about himself by the User, to identify other Users with whom the User is most compatible. A virtual "Gift" and/or virtual "Something in Common" (an assessment of the other User's personal page) may be automatically sent from the User's personal page to the personal pages of other Users identified by the algorithm, or a notification of the User viewing the personal page of another User, or a virtual Message with a text that the user has preselected within the Match Wizard service, and/or a message randomly determined by the system within the Automatic Attention Attracting Service. For example, this message might be a virtual picture (a Smiley), a Hello, or an offer to start interacting with the other User. The User can disable the Automatic Attention Attracting Service at any time in the special settings of the Site (http://swinge.ru/a-account / ), or by sending a corresponding request to the support service at swinge.ru/a-trackernew
7.8. In order to confirm the reliability of his personal page the User may obtain Live status, which will permit him to access additional functionality of the Site. Live status may be obtained in the following ways: the User should visit the page on the Site at http://swinge.ru/a-livestatus and give a current mobile telephone number. A unique code will be sent to that mobile number, and the User must enter that code into a special field on the Site. Live status is also awarded automatically to the User when he pays for any paid service on the Site.
7.9. The Site provides software tools to obtain information from the User's video camera and the microphone on the User’s personal computer or mobile device (hereinafter 'device'), as well as obtaining information on the geographical position of the device with the use of technology determining the geolocation, and a means of access to the contact list and the user's personal information in social networks. Obtaining these data is carried out with the prior approval of the User and with his direct participation and corresponds to the purpose of the site and the user's interests. The User has the right to refuse to provide or deny providing of this data using the functionality of his device.
7.10 The Site may contain links to other Internet sites (third party sites), as well as articles, photographs, illustrations, graphics, music, sound, video, information, applications, software and other content belonging to or originating from third parties (third party content), which is a product of intellectual activity and is protected in accordance with Russian Federation law. Such third parties and their Content are not checked by the Administration for compliance with any requirements (accuracy, completeness, integrity, etc.). The Administration is not responsible for any information posted on third-party websites to which the User gains access via the Site or via third-party Content, including, but not limited to, any opinions or statements expressed on third-party websites or in their Content. Links or instructions posted on the Site relating to downloading files and/or installing third-party programs do not imply support or endorsement of these actions on the part of the Administration. Links to any site, product, service, or information of a commercial or non-commercial nature contained on the Site are not an endorsement or recommendation of these products (services) on the part of the Administration. If the User decides to leave the Site and navigate to any third-party site or to use or install third-party programs, he does so at his own risk and from that moment the terms of the present Agreement no longer apply to the User.
7.11. Automatic renewal. Some Services may provide for the technical ability to automatically extend the term of the service (hereinafter "Automatic Renewal"). By starting to use such a service, the User agrees to Automatic Renewal with automatic debiting of funds to pay for the next term for the provision of the service in full and in advance on the expiration date of the previous term for the provision of the service, such funds to be debited from the User's bank card, the data of which the User entered in the corresponding section of the Site interface, in accordance with with the applicable rate. The User may deactivate Automatic Renewal in the corresponding section of the Site interface or by sending a corresponding notification to the Administration.
7.12. В случае если на день оплаты на банковской карте Пользователя недостаточно денежных средств и/или если возникли технические проблемы на стороне платежной системы, то в течении трех месяцев рекуррентно происходит повторная попытка списания.
7.13. The Administration bears no responsibility for services (goods) offered to the User on the Site by third parties.
8. Liability waiver
The User agrees that:
8.1. The Administration does not guarantee that the Services and/or functionality of the Site will meet the User's specific objectives.
8.2. The Administration does not guarantee that the Site's Services and/or functionality will be provided without interruption, or quickly, or reliably, or without error, or that the results that that User may obtain will be precise and reliable. The Administration retains the right to close any Service at any time.
8.3. The Administration does not bear responsibility:
8.3.1. for any direct or indirect losses occurring as a result of the use or the inability to use the Site and/or its Services, or unsanctioned access to the User's personal page;
8.3.2. for violation by the User of current Russian Federation law, including intellectual property law.
8.4. The Site may contain links to other Internet resources. The Administration bears no responsibility for the correct functioning of such links, or the contents of other resources' information, or for their observance of third parties' rights to the products of their intellectual activity and trademarks as used on other resources.
9. Final provisions
9.1. Any possible disputes concerning this Agreement that may arise between the User and the Administration will be settled in accordance with current Russian Federation law. It is mandatory to take disputes to a pre-trial complaints procedure first. The period for responding to a complaint is 10 (ten) working days from the date of its receipt. If the dispute cannot be resolved by means of discussions, it will be settled in a court local to the Administration.
9.2. If a court finds that any provision of this Agreement is invalid, that shall not render invalid the other provisions of the Agreement.
9.3. In all matters not specified by the terms of the Agreement the Parties will be guided by current Russian Federation law.
9.4.. The present Agreement comes into force for the User from the moment of his registration on the Site, and remains effective for an indeterminate period.