Web site use conditions
Last updated – [21.04.2009]
Copyright and other rights for the Site
Property right, incorporeal rights, copyright and other rights for the Site, including all its contents, all texts and images (further as “the Contents”), belong to Multon company (further as “the Company”) or other parties, affiliated with the Company (further as “the Affiliated parties” as a whole) or other parties. Any Content which represents the trademark, the logotype or the service mark is the registered trademark of the Company or other parties. Taking into account exceptions, envisaged by these Conditions of use, your using of any part of the Contents without a written permission of the Company or other copyright holder is prohibited. The Company watches for observation of copyright and other rights, the violation of which is prosecuted by law.
The order of using the Site
The Company permits to use the Site in the following way:
- at the Site the announcements of holding various contests (further as “the Contests”) and their rules are published within which the Company offers to registered users to fulfill certain work or to provide other results according to the rules and conditions of the contests for placing on the Site or other web-sites of the Company;
- all works sent by participants of the Company’s contests can be published on the Company Site. It is allowed to download from the site only the content of the published Works of participants of the Contests or other content, especially designed by the Company for downloading by users, for example, desktop wallpapers or screensavers. You may download the Contents, especially meant by the Company for downloading to use it in non-commercial and personal purposes provided signs of copyright and other Company rights protection are kept.
- when using the Site you shall observe the current legislation of the Russian Federation; you shall not distribute, alter, copy (except cases, described above), forward, show, repeatedly use, reproduce, publish, license, create secondary materials, pass, sell or use the content of the Site in any other way without the written permission of the Company;
- it is not allowed to use the Site for locating or transmitting any materials, which violate rights of intellectual property containing threats, unreliable information which misinform, contain insults, represent harassments, libelous, detractive, vulgar, indecent, scandal, seditious, pornographic, blasphemous or any other materials, which can represent or stimulate behavior that is illegal and violating the current legislation of the Russian Federation, - the Company will render the full assistance to law-enforcing bodies or perform any judicial and administrative acts prescribed to inform the authorized state bodies about the personal data of the user who located or transmitted any information or materials of such character;
- it is prohibited to impersonate yourself at the Site for any other person, including the Site’s moderator or the Company or the Affiliated parties’ representative, and to make false statements or to provide falsified information on your relations with people related to the Site or to state or hint that the Company supports any of your statements;
- it is not allowed to use the Site by users in advertising purposes or to realize any commercial mediation as well as other commercial exploitation of any part of the Site, its use or right of access to it;
- it is not allowed to use the Site for placing or transmitting viruses, programs of “worm”, “trojan”, “easter eggs”, “time bomb” kind, spy-programs and other computer codes, files or programs, which can harm, have intrusive character or created with the aim to harm or seize the results of work, or the control of use, any equipment, software or devices;
- it is prohibited to use the Site with the aim of violating rights of other people and that of processing personal data of other users of the Site;
- it is prohibited to limit or block the use of the Site by other people, to break the work of the Site or servers and networks ensuring the Site’s work, and violate requirements, procedures, rules and norms of work of these networks; - it is prohibited to alter, adapt, translate, reverse compile, reassembly and reengineer any part of the Site.
The program software, special materials, submission of works for the Contest and content of the Site for users
From time to time the Company can provide users of the Site with access to the special information of the Site, including information on the conducted Contests and interactive services enabling to demonstrate or place information and materials (these content and services are named collectively as “the Special materials”) at the Site, and certain program instruments, which can be used in different purposes, including for listening to music, provided by the Site, for communicating with other Site’s users or for creating content (the above mentioned program instruments are named collectively as “the PS”).
The Special materials and the PS, information and materials, provided by the Site as well as all the program software implementing its work, are the Company’s property, that one of its licensors and suppliers, and are protected by copyright, trademarks, patents and/or other rights, and by the legislation on protection of intellectual property. According to the present Conditions of use and having received permission from the Company for accessing and using the Site, you may download and watch one (1) copy of any available information and the PS from this Site for one computer with aims of personal non-commercial home use provided all signs of copyright and other rights protection are kept. Apart from those cases when the Company gives you a written permission, you are not to copy, replicate, alter, take on lease, give on lease, borrow, sell, distribute, adapt, translate, take as the basis for your works (fully or partially), make decompiling, reassembly and reengineer any of Special materials, the PS or a part of the Site or materials, offered by the Site. Certain types of the PS are regulated by the licensed agreement with the end user (“EULA”), which you will probably have to conclude with the Company before using of the abovementioned PS.
Regarding information and materials which you would like to locate at the interactive parts of the Site (further as “the User Content”), apart from works sent to the Contest, you agree to give the Company and the Affiliated parties a non-exclusive license for free (a) use, copying, modification (including unlimited editing, altering, translation and reformatting), use as a basis, forwarding, demonstration and execution, by public or other way, of the User Content mentioned above (including unlimited use of your voice or image added to this Content) by any means, known at present or elaborated in future, in business goals of the Company and the Affiliated parties, and (b) unlimited transmission of the stated rights to the third parties on the basis of sublicense. Validity terms of the stated license will correspond to the validity terms of the exclusive right for results of intellectual activities. Relating to each of the element of the User Content you state and guarantee that you have all the rights which are necessary for providing the Company and the Affiliated parties with licenses, specified in this section (including, without limits, rights on musical compositions and/or sound recordings, included to the User Content), and that the User Content and the method of its creating and placing on the Site corresponds to the requirements of the applicable legislation of the Russian Federation and does not violate rights on the results of intellectual activity or other rights of the third parties.
Concerning the given works and the User Content you accept and agree that (a) the Company reserves the right (but is not obliged) to evaluate each received work and the whole User Content before placing them at the Site or during placing them at the site, including that one with the participation of the site users by organizing users’ voting, or by other way, connected with the Site; (b) can at its own convenience realize the following: (i) control given works and the User Content; (ii) alter, delete or refuse from posting or keeping works or the User Content; (iii) control and/or filter your messages, sent through the Site (including without limitations, by blocking or altering rude expressions and text, which can be regarded as harmful or offensive); and (iv) divulge given works, the User Content and any messages, sent through the Site, including circumstances of sending, to the third party with aim of ensuring the work of the Site; protection of the Company, the Affiliated parties and their workers, heads, directors, shareholders, agents, representatives, partners, and users and visitors of the Site; with aim of fulfilling legal obligations or requirements of the state bodies; with aim of keeping to these Terms or with any other aims. Besides, the Company and the Affiliated parties do not have control and are not responsible for damage received in the result of use (including re-publication) or for other agendas of the information, voluntarily published in any work, the User Content or in any other part of the Site by the third party.
Pay your attention to the fact that other visitors of the Site can publish inaccurate, abusive, false or harmful messages or statements. The Company and the Affiliated parties do not support and are not responsible for opinions, pieces of advice, information and statements made by users or any other third parties. The Company and the Affiliated parties are not responsible for information or materials provided within the Special materials (including, without limitations, mistakes or gaps in publications, links or images, used in messages or profiles), and for results of using of the stated above materials and information. The Company, the Affiliated parties, their workers, heads, directors, shareholders, agents, representatives and partners are not responsible for economic losses and damages, suffered in the result of using the stated above materials and information, except cases when the court resolves that such losses or damage to users are caused by the Company or the Affiliated parties in the result of intended violation of the obligations by the Company or the Affiliated parties. Opinions, represented in the Special materials, show exceptionally points of view of their authors and may not coincide with the opinion of the Company and the Affiliated parties. IF YOU HAVE DECIDED TO INCLUDE YOUR PERSONAL DATA OR ANY OTHER INFORMATION TO THE PUBLICLY AVAILABLE WORK OR ANY OTHER AVAILABLE TO THE UNLIMITED CIRCLE OF PEOPLE USER CONTENT, YOU DO THIS AT YOUR OWN RISK.
Registration, username and password
To access certain parts of the Site you may need the special registration at the Site. During the registration the Company can refuse you from using a username (or e-mail), which has already been chosen by someone else; can be regarded as a try to impersonate yourself as someone else; belongs to someone else; violates rights on results of intellectual activity or other rights of the third parties; is harmful; and from using names, rejected by the Company at its discretion. You are responsible for keeping in secret your password for access to the Site and undertake not to pass the password and username or by any other way transmit use or access to the Site to other parties. You are fully responsible for interaction with the Site under your password and username. You are obliged to inform the Company immediately in case of non-authorized use of your account or username, and other violations of security concerning your account or the Site, and, besides, to log off from your account at the Site (if needed) after finishing each visit of the Site. The Company is not responsible for losses and damage incurred by your failure to perform any of the above stated obligations.
Confidentiality of information In relation of personal data (for example, name, address, phone number and e-mail), which are sent to the Site by users via e-mail or other way, the Company stands for policy according to the published Regulations on confidentiality of information received through Internet-sites. All other correspondence and materials which are sent to the Site, such as questions, notes, suggestions, etc, are not considered to be confidential. E-mail and other correspondence are not enciphered and protected by any other way. You state and guarantee that all the information, provided by you in connection with the use of the Site, is at present and will be in future genuine, exact and full, and also undertake to support and regularly renew this information. You shall agree that if the information provided by you turns out to be false, inexact, outdated or incomplete, we can refuse you of using the Site.
Absence of guarantee
THE SITE AND ALL THE PS, SPECIAL MATERIALS, THE CONTENTS AND THE USER CONTENT OF THE SITE MAY BE ALTERED AND PROVIDED TO USERS IN THE CONDITION “AS IT IS” WITHOUT ANY GUARANTEE OF AVAILABILITY FOR A CERTAIN GOAL.
The Company can neither guarantee nor state that your use of the Site, the PS, the Special materials, the Contents or the User Content does not violate rights of the third parties, and that the information stated above is precise, full or updated. Besides, with regards to messages, works, sent by users to the Contests and similar materials, which can be at the Site, the Company does not accept responsibility for the presence of people at the Site, who violate rights of other people, threatening, false, misinforming, harmful, annoying, libelous, discrediting, vulgar, indecent, scandal, incendiary, pornographic and blasphemous materials, and materials representing by themselves or provoking behavior that can be regarded and illegal.
YOU USE THIS SITE, AS WELL AS THE PS, THE SPECIAL MATERIALS AND MATERIALS AVAILABLE THROUGH THE SITE, AT YOUR OWN RISK. NEITHER COMPANY NOR AFFILIATED PARTIES NOR OTHER PARTIES PARTICIPATING IN CREATION, PUBLISHING AND FULFILLMENT OF THE SITE’S WORK, NOR THEIR DIRECTORS, HEADS, WORKERS, AGENTS, PARTICIPANTS AND SHAREHOLDERS, LICENSERS AND REPRESENTATIVES ARE NOT RESPONSIBLE BEFORE THE SITE USERS FOR ANY DAMAGE OR LOSSES SUFFERED BY THE USERS OF THE SITE IN THE RESULT OF USING THE SITE, EXCEPT CASES WHEN THE COURT PROVES THAT SUCH A DAMAGE OR LOSSES ARE CAUSED TO THE USER BY THE COMPANY, THE AFFILIATED PARTIES OR OTHER PARTIES, WHO PARTICIPATE IN CREATION, PUBLISHING AND FULFILLMENT OF THE SITE’S WORK, OR THEIR DIRECTORS, HEADS, WORKERS, AGENTS, PARTICIPANTS AND SHAREHOLDERS, LICENSERS AND REPRESENTATIVES IN THE RESULT OF THEIR INTENTIONAL VIOLATION OF THEIR OBLIGATIONS.
Links to websites of the third parties
The Site may content links to sites which belong or are managed by the third parties. Such links are provided only for the users’ convenience. The Company does not control and is not responsible for the content, rules of confidentiality protection and security of these sites. The Company is not responsible for the Site users, if these sites belonging to the third parties:
- violate rights of intellectual property of any third parties, contain inexact, incomplete or false information; - are not suitable for commercial or any other concrete goals; - do not ensure sufficient security; - contain viruses or other harmful elements; or - contain libelous or discrediting information. The Company does not support content, products or services offered by such sites. By posting links to such sites you do this on your responsibility and without the Company’s permission.
Control over observance of the export legislation The export control of the USA can be spread over the PS and other materials of this Site. The laws of the export control of the USA prohibit to export certain technical data and program software to certain territories. The program software from this Site is prohibited to be collected or exported:
- to Cuba, North Korea, Iran, Sudan, Syria (or citizens or residents of these countries), and to any other countries, which the USA laid embargo on; or
- to any people from “The Special List of Citizens” of the Department of treasury of the USA or in the “List of prohibited orders” of the Department of commerce of the USA.
The Company does not allow to download or export the program software and technical data from this site within the jurisdictions, prohibited by the export legislation of the USA, and people, included to the corresponding lists. By downloading and using any PS you confirm and guarantee that you are not at the territory, under the control of such a country, its citizen or resident, and that you are not in any of the lists mentioned above.
Compensation of Losses
Cancellation of access to or use of the Site
You are to agree that the Company can at its discretion in any time and for any reason refuse you of access to the Site and the Special materials, including the situation if the Company considers that you have violated or have not observed these Conditions of use. In this case you will immediately lose the right to use the Site and the Special materials. You agree that the access or use of the Site can be stopped without preliminary notification, and that the Company can immediately block or delete your account and password, all data and files connected with them and/or further access to these data and files.
Making changes to Conditions of use
The Company can in any time without preliminary notification make changes to these Conditions of use by updating this document. As you are the subject of actions under the revised documents, you should visit this page from time to time and look through Conditions of use. The date of the latest edition of Conditions of use is shown under the title “LAST UPDATED” in the higher part of the document. All the Content and Services, provided by the Site and unavailable at the moment of the “LATEST EDITION” stated above, are automatically included to the Services at the moment of appearance at the Site. Any PS and instruments, provided by the Site and unavailable at the moment of the “LATEST EDITION” stated above, are automatically considered as the PS, according to these Conditions of use, at the moment of appearance at the Site. When using the Special materials or the PS, provided by the Site, you are obliged to fulfill all additional requirements, rules and conditions applicable to them, which are included to these Terms of through a link.
Changes of the Site
The Company has the right at any time, periodically, fully or partially, on temporary or permanent basis: to change, stop or close the Site, the Special materials or the PS, having informed about it in advance or without prior notification; to limit on its choice the access of some people to the Site, that one previously given to geographic territories or jurisdictions; to charge payment for access to the Site; change and/or cancel a payment connected with the Site; and/or offer certain opportunities to some or all users of the Site.
You accept that neither Company nor any Affiliated Subjects do not bear responsibility before you or any third party for any alterations and temporary or constant, partial or full closure of the Site, and some Special materials, PS, Content, Works, functions or products, offered at the Site. The continuation of use of the Site after such changes means that you accept them.
Applicable right and order of conflict settlement
These Conditions of use and Regulations on the Site usage are regulated by the legislation of the Russian Federation. In case any dispute appears the Company and a user should take all measures for solving it amicably by means of negotiating any disputes and contradictions which may appear between them. In case the Sides cannot solve the dispute or contradictions between them in a friendly way, such disputes and contradictions should be transferred for solving to the Court in accordance with the acting legislation.
Divisibility of regulations of Conditions of use
Invalidity or impossibility of compulsory enforcement of some regulation of Conditions of use does not influence validity and possibility of compulsory enforcement of other regulations of Conditions of use.
Rules of conducting the Contests, lotteries, polls and similar actions
All Contents, lotteries, polls and other actions which are organized by the Company or the Affiliated parties and conducted at the Site are regulated by the special rules and conditions, different from these Conditions. The rules and conditions of conducting the Contests, lotteries, polls and other actions are published on the Site or announced in other way by the Company or the Affiliated parties. When participating in such contests, lotteries, polls and other actions, you are to follow these rules which can be different from terms, stated in this document. The Company strongly recommends you to get acquainted to all the rules and conditions of each concrete action, as well as to the Regulation on confidentiality of information, received through Internet-sites, which, together with these Conditions of use, regulate information, sent by you in connection with participation in various actions.
Addresses for users to send their suggestions and claims
In case any suggestions appear to the Company users can leave them on the Site.
All users’ claims can be sent to the Company at the address: Moscow, 111141, post-office box 489
Phone number: 8-800-200-7720 (all calls are free) E-mail: email@example.com
Invalid where it is prohibited
Though this Site is available all around the world, not all the services mentioned in it are available to all people, and not in all geographic regions or jurisdictions. Besides, not all people may participate or win prizes in the contests, lotteries, competitions, polls or such actions, conducted at the Site. We reserve the right to limit the access to this Site as well as provision of any services to any people, in any geographic region or jurisdiction at our discretion and in any time.