ATTENTION! BY CREATING A PERSONAL PAGE, ACCESSING YOUR PERSONAL PAGE OR THE PERSONAL PAGE OF ANY OTHER OK SOCIAL NETWORK LICENSEE, OR DOWNLOADING OR COPYING ANY CONTENT POSTED ON IT, OR OTHERWISE USING THE SOCIAL NETWORK, YOU ACCEPT THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS WITHOUT LIMITATION.
This license agreement (hereinafter the «Agreement») governs the relations between Mail.Ru LLC, hereinafter referred to as the «Licensor» and you, the Licensee of the Social Network (hereinafter the «Licensee») with respect to use of the Social Network.
You can also read the Confidentiality policy on the OK social network at (www.ok.ru)
1.1.Social Network means the social network known as OK, published on an Internet website at the URL odnoklassniki.ru or ok.ru, and accessible to the Licensee via the website, the mobile version of the website, applications and other resources which are the result of intellectual activity in the form of a computer program. The social network is represented in objective form by a set of data and commands and the audiovisual displays generated by them, including integrated graphic images and the user interface, (hereinafter «data and commands»), designed to enable computers and mobile devices to be used to obtain a specific result, namely the functionality of a social network. The set of data and commands consists of activated and unactivated data and commands. The social network enables the Licensor, given access to the World Wide Web, to create Personal Pages and view the Personal Pages of other Licensees; to carry out context-based searches of information pertaining to other Licensees; to exchange Personal Messages with other Licensees; to create groups and communities; to join existing groups and communities; to post, copy and download photographs and other content; and to use the other functions available on the Social Network. The right to use the data and commands (activated and unactivated) is granted by the Licensor to the Licensee on the terms set forth herein. It is the Licensor that shall operate and maintain the Social Network (including technical and organizational support) and it is its obligation to perform it (taking into account the provisions of Article 5 hereof) enabling it to grant the rights to the Licensee. Licensees shall participate on the Social Network interactively (online) and access via the Internet global network. The Licensor is the holder of the relevant rights to the Social Network as a computer program and all of its components, both individually and as a whole, as well as audiovisual elements generated by it, but for the Content posted on the Social Network by entities other than the Licensor, the rights to elements of which may be held by third parties. The Licensor shall be entitled to use, operate and distribute the Social Network wherever it provides for such use, operation and distribution.
1.2. Licensor means Mail.Ru Limited Liability Company, which grants the Licensee a non-exclusive license to use the Social Network and communicates to the public, distributes, operates, maintains and administers the Social Network. The Licensor is a Party to this Agreement.
1.3. Licensee means an individual that is legally competent and capable of entering into this Agreement, has joined the Social Network and is hereby granted the right to use the Social Network under the terms hereof. The Licensee is a Party to this Agreement.
1.4. Content means design elements, illustrations, graphic images, photographs, scripts, texts, videos, music, sounds and other items posted on the Social Network. These include the results of intellectual activities, the rights for which may be held by the Licensor, Licensees or other persons.
1.5. Applications means computer programs (games, electronic services, etc.) or elements thereof placed on the Social Network by the Licensor or, with its consent, by third parties, that the Licensee may use within the Social Network in addition to its basic functionality. The Licensee shall use the Applications on the terms set forth in separate agreements with third persons.
1.6. Personal Page means a section of the Social Network containing part of the information published in the Licensee’s Account (including, at the Licensee’s discretion, photos, information about friends, statuses, groups, communities, etc.) available for other Licensees to view. The Licensee shall use his/her Personal Page to exchange Personal Messages, to add other Licensees as friends, and to perform other actions. The access to the Personal Page may be restricted for other users by the Licensee within the available functionality of the Social Network or by Licensor pursuant to the terms hereof.
1.7. Licensee’s Account (Account) means the Licensee’s account created during registration on the Social Network, enabling the Licensor to register every Licensee and to grant the rights to use the Social Network by means of a unique username and password. The Licensee shall determine the username and the password for Account access himself/herself during registration on the Social Network and may modify them in accordance with procedure described in this Agreement or in the «Help» section of the Social Network’s website.
1.8. Personal Messages mean electronic messages sent by one Licensee to another, which are not accessible by other persons and which are sent and received via the Licensee’s Personal Page.
1.9. Fee means a payment to the Licensor for granting the Licensee the rights to use unactivated data and commands within the limits set herein. The Fee amount is set by the Licensor and depends on the volume of unactivated data and commands, the right to use which is granted to the Licensee. The Social Network’s rules may assume other conditions of obtaining the right to use unactivated data and commands, as well as restrictions on the use thereof. The Licensee can find these rules in the relevant sections of the Social Network.
1.10. License Agreement means the text of this Agreement concluded between the Licensor and the Licensee containing all the necessary and essential terms of a license agreement granting the rights to use the Social Network, including unactivated data and commands. The Licensee code of conduct, rules for performing certain actions by the Licensee, Fee payment conditions and any other rules for the Social Network usage posted by the Licensor on relevant pages of the Social Network, in particular in «Help» section and in the mobile version of the website and in Licensor Applications, constitute an integral part of this Agreement.
2. Signing Conditions
2.1. Before the Licensee starts to use the Social Network he/she shall read this Agreement and all the rules and other documents applicable to the Social Network that are posted in the relevant sections of the Social Network.
2.2. After completing all necessary fields and reading this Agreement, the Licensee shall sign (accept) this Agreement by clicking on the «Register» button or equivalent, which, according to Articles 435 and 438 of the Civil Code of the Russian Federation, is considered to represent acceptance of the Licensor’s offer as well as conclusion of a contract requiring the Licensee to observe the terms and conditions of this Agreement, including the rules applied on the Social Network.
2.3. Actual use of the Social Network without registration of an Account in the form and scope accessible without registration is also understood to be acceptance of this Agreement.
2.4. By registering at the Social Network the Licensee confirms that his age is sufficient for such registration under the applicable laws and/or he has all necessary consents (e.g. parental consents) in full compliance with the applicable laws, including for purposes of data protection laws, otherwise the registration at the Social Network and its using is prohibited.
3. Subject of the Agreement
3.1. Hereunder the Licensor grants to the Licensee a simple non-exclusive license to use the Social Network, including the right to use activated and unactivated data and commands in the scope set forth herein.
3.2. The right to use activated data and commands is granted to the Licensee on an uncompensated basis.
3.3. The right to use unactivated data and commands is granted to the Licensee for a Fee, unless the Licensor suggests another way of such right gaining.
4. Scope of Social Network Use
4.1. The Licensee is entitled to use the Social Network in the following ways:
4.1.1. Use the Social Network’s functionality, including participation in forming the Social Network by creating an Account and a Personal Page, modification of the Social Network Content and personal Account settings in the course of such participation by posting and processing information and Content and interacting with other Licensees in compliance with the rules set forth in this Agreement;
4.1.2. Reproduce elements of the Social Network in the form of information posted on it and Content, for personal use by copying it into the memory of the Licensee’s personal computer and/or mobile device (download). Should any Content elements be subject to copyright or personal images (photographs) of other Licensees or third parties, the Licensee shall also obtain the consent of such persons for such reproduction;
4.2. The Licensee shall not:
4.2.1. Reproduce, distribute, or process for commercial or non-commercial purposes the elements of the Social Network, the copyright for which is owned by the Licensor, other Licensees, or third parties, without the permission of their respective owners;
4.2.2. Reproduce the design elements or user interface of the Social Network to create websites or for any business activity on the Internet or outside it;
4.2.3. Distribute in/outside the Social Network, for commercial or non-commercial purposes, audiovisual displays or account data of other Licensees present on the Social Network, without the consent of said Licensees;
4.2.4. Transfer the rights to use the Social Network granted to the Licensee to other Licensees or third parties by entering into a sublicense agreement or in any other way;
5.1. To use the Social Network, the Licensee shall create an Account. To enter the Social Network, the Licensee specifies unique credentials, a username and a password, which are confidential and shall not be disclosed except as permitted by applicable law and/or this Agreement. The risk of fraud and other illegal actions performed by way of the Licensee’s Account due to the loss of the Licensees password shall rest with the Licensee. The Licensee is advised to choose a sufficiently strong password to exclude the possibility of password guessing by third parties.
5.2. Account data and other data relating to the Licensee shall be processed by the Licensor for the purposes of the proper execution of this Agreement.
5.3. For the purposes of executing this License Agreement and providing the Licensee with access to the Social Network’s functionality, the Licensor shall develop, improve, optimize and introduce new functionality to the Social Network (including services and products of an informative, communicative, advertising, educational, entertaining or other nature), including with the involvement of affiliated parties and/or partners. To ensure that the stated purposes can be achieved, the Licensee authorizes and delegates to the Licensor, in accordance with applicable legislation, the processing (including collection, recording, systematization, retention, storage, clarification (updating, amending), comparison, extraction, use, anonymization, blocking, deletion and destruction) of account and other data relating to the Licensee, including the results of automated processing of such data, which may, among other things, be in the form of integer and/or textual values and identifiers, and to the transfer of such data to affiliated parties and/or partners in fulfillment of said delegation to process the data, and to collect (receive) account and other data pertaining to the Licensee from affiliated parties and/or partners. Account data is understood to mean information provided independently by the Licensee during registration on the Social Network by means of completing the registration form to create an Account and Licensee Personal Page, and some of the information supplied during use of the Social Network. Other data is understood to mean data relating to the Licensee which becomes accessible to the Licensor during the course of the Licensee’s use of the Social Network and/or the services of affiliated parties and/or partners. Such data may include information about the hardware (devices) and means of technical interaction with the Social Network and/or the services of affiliated parties and/or partners (including host IP address, the Licensee’s operating system, browser type, geographical location, information about the provider, etc.), about the Licensee’s activity, and other data obtained by the means specified. The Licensor may have access to other information relating to the Licensee and provided at the latter’s discretion during the course of using the Social Network, which is not processed by the Licensor, including for achieving the purposes indicated in this Agreement. Processing of the Licensee’s account and other data shall be performed during the whole period from registration of the Licensee’s Account until the Account is deleted, unless otherwise stipulated by legislation in force. For the purposes of properly fulfilling the conditions of the License Agreement, the Licensor shall take measures to ensure the security of the Social Network. To fulfill the stated purposes, the Licensee agrees that account and other data may be passed to third parties, including in instances covered by applicable legislation, in the volume required to identify, investigate and suppress illegal activities. The Licensee consents to the display of his/her account and other data, as well as additional information, on the his/her Personal Page within the scope of the Social Network’s functionality, and also agrees that such data may be considered publically accessible unless the Licensee has chosen an alternative mode for access to said data within the scope of the Social Network’s functionality. The Licensee agrees that information, including account and other data, may be accessible to other Internet users, taking into account the existing functionality of the Social Network (which may be changed from time to time by the Licensor). The Licensor may restrict the use of information from the Social Network by third parties, in particular for commercial purposes. The use of information by the Licensor is governed by this Agreement.
5.4. After Account registration is completed, the Licensee shall have the right to populate his/her Account, Personal Page, and other elements of the Social Network with Content, add photographs and other materials in accordance with the provided functionality, to join communities, and to use other features provided by the Licensor if the Social Network is used in compliance with this Agreement.
5.5. The Licensee acknowledges and agrees that the information and account data specified in the Licensee’s Account are available for viewing by other Licensees on the Licensee’s Personal Page if access to it is not restricted by the Licensee within the scope of the Social Network’s functionality.
5.6. Licensees who have previously registered an Account shall undergo authorization each time they log in to the Social Network by entering their username and password, following a hyperlink received by e-mail, or by way of automatic cookies-based authorization or other technological means available and permitted by the Licensor.
5.7. A person authorized on the Social Network shall be deemed the appropriate user of the Account, for which access and management has been obtained as a result of this authorization, unless there is information confirming the contrary.
5.8. Cookies-based technology may be used when the Licensee uses the Social Network to automatically login the Licensee to the Social Network, as well as for collection of statistical data, in particular Social Network traffic.
5.10. Should authorization become impossible due to a lost password, Account blocking, or other reasons, the Licensee may contact the Licensor’s support service or follow the instructions provided in the Help section and other sections of the Social Network. The Licensor may unilaterally modify, cancel or supplement the methods of restoring access to the Account and authorization of the Licensee.
5.11. The Licensor shall undertake commercially reasonable efforts to ensure round-the-clock functioning of the Social Network, but cannot guarantee the absence of downtimes caused by technical malfunctions or preventive maintenance and does not guarantee full or partial availability of the Applications either. The Licensor does not warrant that the Social Network or any of its elements will function at any given time in the future or that they will not stop functioning.
5.12. The Social Network, including all scripts, Applications, Content, design, and the mobile version are provided «as is». The Licensor makes no guarantee that the Social Network or its elements may be suitable for any specific purposes. The Licensor cannot guarantee and does not promise any specific results from the use of the Social Network or its elements. The Licensor does not warrant that Content and Applications published on the Social Network, including those published by other Licensees, will comply with the Licensee’s personal principles of morality and ethics.
5.13. The Licensee shall take precautions with respect to Content, particularly Content posted by other Licensees, and other materials and information when using the Social Network, when following hyperlinks posted on the Social Network, when using any files, including software, in order to avoid harm caused by malicious software to the Licensee’s computer, unauthorized access to the Account, password attacks, or any other negative consequences for the Licensee.
5.14. By posting Content on the Social Network, the Licensee grants to the Licensor the rights to use the Content solely for the purpose of the Social Network functioning by appropriate methods.
5.15. The Licensee may not download or otherwise provide to the public (post on the Social Network, publish within the Social Network) Content or other results of intellectual activity of Licensees, the Licensor, and other persons who are copyright holders, unless there is express consent of the right holder and/or the Licensee holds the rights necessary to perform such actions.
5.16. Reproduction, copying, collection, systematization, storage, and transfer of information from the Social Network for commercial purposes and/or retrieval of the database of the Social Network for commercial or non-commercial purposes or use thereof in whole or in part by any means is not permitted without the consent of the Licensor. The use of automated scripts (programs, bots, crawlers, other software for automated information collection) to collect information and/or interact with the Social Network without the consent of the Licensor is not permitted.
6. Rights and Responsibilities of the Licensor
6.1. The Licensor shall provide ongoing management of the Social Network, determine its structure and appearance, permit or restrict Licensees’ access to the Social Network in the event of violation of provisions of this Agreement, and exercise other rights that it has. The Licensee agrees that the Licensor shall be entitled to use the functional and technical capabilities of software (audio/video player) that displays Content placed within the Social Network at its sole discretion, including use for the purpose of ads display.
6.2. With respect to providing the means for interaction between Licensees, including providing Licensees with the ability to independently perform certain actions within the Social Network, the Licensor shall act only as the entity which has supplied the technological means for such interaction through use of the Social Network. Transmission, storage and access to the information, graphic images, and other materials provided by Licensees via the Internet and the Social Network software shall be performed without modification of such materials or having impact on their contents on the part of the Licensor.
6.3. The Licensor shall make decisions related to advertising placement on the Social Network, participation in affiliate programs, etc. at its sole discretion.
6.4. The Licensor shall have the right to:
6.4.1. Change the design and user interface of the Social Network, its content, and the functionality of the Social Network; modify or enhance the scripts and software being used, the Licensor’s Content, and other objects used or stored on the Social Network, any Applications and server applications at any time, having notified the Licensee thereof or without such a notification;
6.4.2. Delete, without any justification and without notice, any Content, including Content that, in the opinion of the Licensor, violates and/or may violate the laws of the Russian Federation (the applicable legislation), provisions of this Agreement, rights of other Licensees or third parties, cause them harm or potential harm, or threaten their safety;
6.4.3. Delete, at its sole discretion, any information (including Personal Messages of the Licensee, comments on the Licensee’s photos and statuses, other information and other materials), including information placed by the Licensee on the Social Network in violation of the legislation of the Russian Federation (the applicable legislation) and/or the provisions of this Agreement;
6.4.4. Suspend, restrict, or terminate the Licensee’s access to all or any sections and/or elements of the Social Network, the Personal Page, communities, groups on the Social Network, the Social Network features, including activated and unactivated data and commands, delete communities and groups created by the Licensee, at any time without justification, with or without prior notice, unless the applicable legislation expressly forbids it;
6.4.5. Delete the Licensee’s Account at its discretion, in particular if the Licensee violates the legislation of the Russian Federation (the applicable legislation) or the provisions of this Agreement;
6.4.6. Grant to the Licensee, for a fee, the right to use unactivated data and commands on the terms set forth in this Agreement and in the relevant sections and/or elements of the Social Network, including Applications;
6.4.7. Send messages to Licensees from the Licensor and/or partners of the Licensor, provided the latter has the consent of the Licensee, which are of an advertising/informational nature or contain news, including by email, text message, messages sent using the Social Network’s functionality, or other available methods.
6.4.8. Identify and store information about IP addresses used by the Licensee to access the Social Network and use technical information files (cookies) stored on the personal computer of the Licensee for the purposes of the Licensee’s identification and statistical data collection;
6.4.9. Admonish Licensees that use the Social Network, the Licensees, warn, notify or inform them of non-compliance with this Agreement. The Licensor’s instructions to the Licensee received in the course of use of the Social Network shall be mandatory for the Licensee;
6.4.10. Take steps that are not forbidden by law to protect the Licensor’s intellectual property rights in relation to the Social Network.
6.5. The Licensor shall not resolve disputes or conflicts arising between Licensees or third parties that published Applications on the Social Network with the consent of the Licensor, in the course of such Applications use by Licensees. However, the Licensor, at its own discretion, may assist in the resolution of any conflicts that arise. The Licensor shall have the right to suspend, restrict, or terminate the Licensee’s access to the Social Network (the right to use the Social Network) if motivated complaints of improper or unlawful conduct on the part of the Licensee on the Social Network are received from other Licensee(s).
6.6. The Licensor undertakes the following obligations:
6.6.1. To grant the Licensee the right to use the Social Network, including the right to use unactivated data and commands within the scope set forth in this Agreement on the terms provided herein;
6.6.2. To inform the Licensee by publishing information or sending messages on the Social Network or by any method available to the Licensor about alteration of the terms hereof.
7. Rights and Responsibilities of the Licensee
7.1. The Licensee is entitled to:
7.1.1. Adjust the settings of the Account and the Personal Page, change the username and the password used to access the account;
7.1.2. Post his/her personal information in his/her Account, add photos, statuses, rate photos and statuses of other Licensees and comment on them;
7.1.3. Search for other Licensees in Licensees’ communities, including searches based on information known to the Licensee and matching information posted on the Personal Page of the sought Licensee;
7.1.4. Create new communities and groups, join existing ones, use functions of the Social Network and Applications and post materials on them in compliance with the requirements for posting materials set forth in the relevant section of the Social Network;
7.1.5. Send and receive Personal Messages, post messages in a forum;
7.1.6. Moderate photos posted on Personal Pages of other Licensees. This right may be exercised by Licensees who subscribed to perform moderation by changing the appropriate settings of their Account;
7.1.7. Acquire the right to use unactivated data and commands and exercise this right in accordance with this Agreement;
7.1.8. Perform other actions related to use of the Social Network that are not prohibited by legislation of the Russian Federation (applicable legislation) or by this Agreement.
7.2. The Licensee shall:
7.2.1. Abide by the terms of this Agreement without any exceptions;
7.2.2. Provide valid information at the time of registration with the Social Network and Account creation;
7.2.3. Not exceed the scope of use of the Social Network set forth in Section 4 of this Agreement;
7.2.4. Not violate in any other way the intellectual property rights of the Licensor with respect to the Social Network or any of its elements. In particular, the Licensee shall not copy, broadcast, mail, publish, or otherwise distribute or reproduce the materials posted by the Licensor on the Social Network (text, graphics, audio, or video) without the written consent of the Licensor;
7.2.6. Follow the instructions of the Licensor relating to the use of the Social Network, in particular those given by the Licensor to the Licensee or a group of Licensees in the Social Network Customer (Licensee) Support Center, in the news section, in the Licensor’s forum. Should the Licensee fail to follow such instructions, the Licensor shall have the right to suspend, restrict, or terminate the rights to use the Social Network granted to the Licensee, including the right to use unactivated data and commands;
7.2.7. Present evidence of his/her personal data, including surname, first name, patronymic, and other data when requested by the Licensor in connection with entering into and execution of this Agreement;
7.2.8. Refrain from posting photographs that depict persons other than the Licensee without their prior consent, except in cases where, in accordance with Article 152.1 of the Civil Code of the Russian Federation or another provision of legislation in force such consent is not required;
7.2.9. Notify the Licensor of all actions performed with respect to the Licensee on the Social Network that could be construed as offensive, derogatory, defamatory, etc.;
7.2.10. Refrain from creating new communities (for schools, colleges, universities, military units, places of work, places of recreation) if a similar community already exists;
7.2.11. Regularly review the content of this Agreement posted online at https://ok.ru/regulations and monitor the amendments hereto;
7.2.12. Comply with other requirements and fulfill other obligations set forth in this Agreement and/or posted in relevant sections of the Social Network.
7.3. The Licensee warrants that he/she has the necessary legal competence to enter into this Agreement.
7.4. The Licensee is not allowed to:
7.4.1. Collect account data of other Licensees and/or other information from the Social Network without the Licensor’s consent;
7.4.2. Use any automatic or automated means of collecting information placed on the Social Network;
7.4.3. Carry out propaganda or advocacy of social, racial, national or religious hatred, propaganda of war, social, racial, national, religious or linguistic supremacy, distribute any information forbidden by the applicable legislation;
7.4.4. Publish on the Social Network or transmit through Personal Messages restricted information (confidential information) of third parties, unless the Licensee has sufficient authority to disclose that information by operation of law or under a contract;
7.4.5. Post, reproduce, process, distribute, publish on the Social Network, communicate to the public, transfer, sell, or otherwise use in whole or in part the Content that belongs to the Licensor, Licensees or third parties and that is subject to copyright or other exclusive rights without prior permission of the right holder, except in cases specified in this Agreement and legislation of the Russian Federation in force (applicable legislation) as well as in situations when the copyright holders have given express consent to free use of their own Content by any person. By uploading audio, video, or other Content to the Social Network, or by posting Content to the Social Network in any other way, the Licensee acknowledges that he/she has obtained all the required rights to perform this action, including the right of communication to the public, that such an arrangement does not violate or infringe the rights or legitimate interests of right holders and third parties, and that all the necessary permissions and consents of the respective owners and third parties have been duly and expressly obtained. Licensees are not permitted to post Content on the Social Network if they do not have the necessary rights and/or the copyright holder’s consent;
7.4.6. Publish on the Social Network in open access (in a forum, in comments and/or statuses) or transmit through Personal Messages texts, graphic images or other materials that are offensive for other Licensees or other persons, or may be regarded as such, as well as messages, graphic images or other materials that discredit Licensees or other persons, contain threats, or incite violence, criminal violations, antisocial or immoral actions, or any other acts contrary to the principles of public order and morals;
7.4.7. Publish on the Social Network messages, graphic images or other materials (in particular untrue ones) if such publication causes or may cause damage to the honor, dignity or business reputation of an individual or business reputation of an organization;
7.4.8. Publish on the Social Network messages containing obscene words and expressions;
7.4.9. Publish on the Social Network materials containing pornographic images of minors;
7.4.10. Publish on the Social Network information that promotes suicide, describes methods of suicide or contains any incitement to commit it;
7.4.11. Publish on the Social Network information related to occult topics and activities (magic, fortune telling, Satanism, hexes, charms, witchcraft, rituals, astrology, horoscopes, etc.);
7.4.12. Publish on the Social Network advertising or other information on narcotic drugs or psychotropic substances, including information on the distribution of narcotic drugs, recipes for manufacturing thereof, and directions for use, as well as publish information of extremist nature;
7.4.13. Publish on the Social Network information that infringes the rights of minors;
7.4.14. Publish on the Social Network information of illegal nature;
7.4.15. Publish on the Social Network personal information, including contact details, of other Licensees or other persons without their prior consent;
7.4.16. Specify deliberately false information or another person’s data during the Account registration or afterwards;
7.4.17. Publish on the Social Network as his/her own photos of other persons without their consent or images of fictional characters, animals, objects, abstract images, or any other graphic images that are not images of the Licensee who placed them, without the consent of the authors of such images or right holders;
7.4.18. Register a Licensee Account in order to be used by a group of persons or an organization, except when the Account is registered with the sole purpose of advertising materials or other text messages to groups on the Social Network, advertised by the target.mail.ru or other similar advertising systems approved by the Licensor;
7.4.19. Register more than one Licensee Account for a single person;
7.4.20. Perform actions aimed at destabilizing the functioning of the Social Network; attempt unauthorized access to management of the Social Network or its sections with restricted access (including sections that can be accessed only by the Licensor); or perform any other similar actions;
7.4.21. Gain unauthorized access to other Licensee Accounts by password attack or password guessing or attempt to gain such access;
7.4.22. Perform spamming, i.e. mass mailing of business, political, advertising or other information (including hyperlinks leading to websites with such information and/or to websites containing malicious software) via Personal Messages, comments, forum postings, posting on Licensee Personal Pages, or perform other actions aimed at disseminating such information if the recipient Licensees have not expressed their consent to receive such information;
7.4.23. Use the Social Network to search for debtors or similar purposes;
7.4.24. Publish information on the Social Network, including publications in groups, that promotes, advertises or increases the popularity of tobacco or tobacco products, pharmaceutical drugs, narcotic drugs, hard liquors and low-alcohol drinks;
7.4.25. Publish on the Social Network other information, which, in the opinion of the Licensor, is not consistent with the policies and objectives of the Social Network.
7.4.26. Use the functionality of the Social Network through utilization of software that makes changes to commands, scripts and/or Social Network applications.
8. Guarantees and Liability
8.1. The Licensee hereby warrants that he/she does not violate anyone’s rights or legitimate interests by placing information, Content or other legally protected intellectual property, or copies or parts thereof or other materials on the Social Network or by sending them via Personal Messages. In the event of complaints by third parties in connection with breaches of this Agreement by posting information and/or Content of third parties, the Licensor shall be entitled to transfer, to the extent permitted by law, the Licensee’s contact information available to the Licensor to the claimants in order to settle the dispute.
8.2. The Licensee warrants that he/she will take appropriate measures to ensure the confidentiality of the credentials (username and password) he/she uses for authentication on the Social Network and to prevent the possibility of authentication by others.
8.3. The Licensor shall maintain the privacy of correspondence carried out by Licensees via Personal Messages.
8.4. The Licensor shall ensure that, for communication between the Licensor and the Licensee, the Licensor uses the Licensee’s e-mail address and mobile phone number as indicated in the Licensee’s Account data to send notification messages and SMS to the Licensee, as well as to provide the Licensee information on the Social Network’s features, upon consent of the Licensee, which may be expressed using the Social Network functionality, unless otherwise provided in this Agreement or by legislation in force.
8.5. The Licensor shall not participate in forming the content of the Licensee’s Personal Page or Content uploading by the Licensee nor shall it control the actions of the Licensee, it does not perform and has no technical capability to perform automatic censorship of information in the publicly accessible sections of the Website and the Social Network or in the Licensees’ Personal Pages or censorship of Personal Messages, and does not bear responsibility for the acts or omissions of the Licensee.
8.6. Due to peculiarities of the Social Network functioning, the Licensor does not perform and has no technical capability to perform pre-moderation of information and Content posted by the Licensee and is not responsible for its content.
8.7. The Licensor shall not be liable for any failures or interruptions in the functioning of the Social Network or information loss caused by such failures or interruptions. The Licensor shall not be liable for any damage to the Licensee’s computer, mobile devices, or any other hardware or software caused by or associated with the use of the Website or other websites accessible by hyperlinks posted on the Website.
8.8. The Licensor shall not be liable for password attacks used by a third party to access the Licensee’s account or any acts committed by third parties using the Licensee’s Account.
8.9. The Licensor shall not be liable for any damages, including lost profits or damage resulting from the use of the Social Network, Content published therein, or other materials to which the Licensee or other person gained access through the Social Network, even if the Licensor warned of or pointed out the possibility of such damage or loss.
8.10. The Licensee shall be responsible for wrongful acts carried out using his/her Account and related to the Content posted using his/her Account on the Social Network, on the Personal Page(s) of the Licensee or other Licensees, in forums, comments, or other sections of the Social Network and/or the Website.
8.11. The Licensee shall be personally liable for any Content or other information that he/she posts on the Social Network or otherwise communicates to the public on the Social Network or by means of it. The Licensee shall settle claims of third parties related to illegal posting of Content and information on the Social Network himself/herself.
8.12. Hyperlinks to any site, product, service, or commercial or non-commercial information posted by the Licensee on the Social Network, sent in a Personal Message, posted in forums or on Personal Pages, etc. shall not constitute approval or recommendation of those products (services) by the Licensor. The Licensor shall not be liable for damage caused to the Licensee as a result of following such hyperlinks.
8.13. The Licensor shall not be liable for any unlawful acts of the Licensee or any third party while using the Social Network.
8.14. The Licensor shall not be responsible for the statements the Licensee publishes on the Social Network. The Licensor shall not be liable for the conduct of the Licensee on the Social Network or his/her disrespect to other Licensees.
8.15. The Licensor shall not be liable for any loss by the Licensee of access to his/her Account on the Social Network (loss of username, password, or other information required for the use of the Account or the Personal Page).
8.16. The Licensor shall not be responsible for incomplete, inaccurate or incorrect data entered by the Licensee when creating the Licensee’s Account or Personal Page.
8.17. If the Licensee uses gaming Applications on the Social Network, the Licensor shall not be liable if the Licensee loses in the course of the game any game valuables previously acquired in the course of such gaming Applications use.
8.18. The Licensor shall not bear responsibility for unavailability of Internet access to the Licensee or the quality of services of Internet providers with whom the Licensee has an agreement for provision of access to the Internet.
8.19. The Licensor will not exchange valuables received in the course of the Social Network use by the Licensee, including virtual ones, for cash or non-cash or other virtual assets of the Social Network.
8.20. The Licensor shall not reimburse to the Licensee the expenses associated with the acquisition by the Licensee of rights to use unactivated data and commands, in particular in case of suspension or termination of this Agreement for any reason, unless expressly stipulated in the applicable legislation.
8.21. The Licensor shall not bear responsibility for direct or indirect damage or loss of profits incurred by the Licensee or other third parties as a result of:
8.21.1. Use of or impossibility to use the Social Network;
8.21.2. Unauthorized access by any third party to personal information of the Licensee, including the Licensee’s Account and Personal Page;
8.21.3. Statement or behavior of any third party on the Social Network;
8.21.4. Deletion of the Account or Content or cessation of functioning of certain Social Network elements or the Social Network as a whole.
8.22. Under any circumstances, the Licensor’s liability to the Licensee is limited to the amount of 3,000 (three thousand) rubles, while loss of profit is not subject to reimbursement, unless expressly stipulated otherwise in the applicable legislation.
8.23. The Licensor is not obliged to provide to the Licensee any evidence, documents, etc. to prove that the Licensee has violated the terms of this Agreement, resulting in rejection of the Licensee’s right to use the Social Network or its individual features/sections/pages, as well as the right to use unactivated data and commands.
8.24. Licensee complaints sent to the Licensor shall be accepted and reviewed provided that the Account’s belonging to a particular person can be established as fact. Considering the possible existence of Accounts with similar credentials, the Licensor may request additional data and information, in particular with respect to the Licensee’s Account, enabling to determine which Account the complaint is related to or to establish the ownership of the Account by the person who filed the claim.
8.25. The Licensor shall not be held responsible for any harm to the health of the Licensee, which may be caused to the Licensee in connection with use of third-party Applications. The Licensee is hereby notified that Applications may have a variety of audio and/or video effects, which, under certain circumstances, may cause in people prone to epileptic or other disorders of the nervous system an aggravation of these conditions, and the Licensee warrants that he/she does not have these disorders or undertakes not to use the Applications. The Licensee is hereby notified that regular long-term (continuous) use of a personal computer may cause various aggravations of his/her physical condition, including impaired vision, scoliosis, various forms of neurosis, and other negative effects on a person’s health. The Licensee warrants that he/she will use the Applications for a reasonable period of time only, taking breaks for rest or other activities to prevent the occurrence of a physical condition, such as recommended or prescribed to the Licensee.
9. Rights to Use Unactivated Data and Commands
9.1. This section of the Agreement governs the procedure and conditions for granting the right to use unactivated data and commands to the Licensee by the Licensor.
9.2. At the Licensee’s request, the Licensor shall grant the Licensee in exchange for a Fee, unless otherwise assumed by the Licensor, the rights to use unactivated data and commands, thereby increasing the quantity of virtual assets on the Social Network used within the functionality of the Social Network. The amount of the Fee and payment terms shall be set by the Licensor independently and are affected by the volume of data and commands the Licensee needs to achieve the specific result depending on the Social Network’s functionality. These provisions are set forth in this Agreement and/or in the relevant sections of the Social Network. The rights to use unactivated data and commands will be granted by the Licensor since virtual assets (OKs) are represented in the Licensee’s Account. Thereafter the Licensee is granted the right to use unactivated data and commands in the scope corresponding to the amount of virtual assets (OKs) on the terms hereof. Virtual assets (OKs) are shown in the Licensee’s Account after the Licensor has received from third parties (payment systems, operators, payment aggregators) payment information (confirmation). The Licensor sets the correspondence of unactivated data and commands with the amount of virtual assets (OKs). The Licensor sets the correspondence of fee amount with the amount of virtual assets (OKs). The right to use unactivated data and commands shall be granted to the Licensee for the validity period hereof, if such right is not terminated pursuant to the rules of the Social Network. The Licensee shall pay the Fee by means of money transfer in the currency of the relevant territory pursuant to the conversion procedure set by the Social Network. The fee amount is set by the Licensor and depends on the volume of unactivated data and commands for which the Licensee is granted the right to use. Once virtual assets (OKs) are shown in the Licensee’s Account, the Licensee shall not be entitled to demand that the Licensor return the Fee paid for such rights, unless otherwise expressly set forth in the applicable legislation.
9.3. The Licensee shall pay the Fee by money transfer via one of the supported payment methods. The list of available payment methods is given in the relevant sections of the Social Network. Methods and terms of the Fee payment via payment systems shall be published by the Licensor on the Social Network: https://ok.ru/payment.
9.4. When paying the Fee the Licensee undertakes to follow the payment instructions regarding the procedure and methods of payment, including the rules for entering messages and numbers for sending text messages (SMS), in particular the use of upper- and lower-case letters, numbers and the input language. The right to use unactivated data and commands shall be granted to the Licensee after fulfillment of the attached instructions and payment conditions. The Licensor bears no responsibility for accurate fulfillment of payment conditions by the Licensee. With respect to rules and procedure of using payment systems to pay for the right to use unactivated data and commands the Licensee shall consult with payment systems managers or payment operators/aggregators. The Licensor will not offer the Licensee explanations regarding the rules and procedure of payment systems use and will not reimburse to the Licensee the funds paid via payment systems, payment operators, or aggregators to acquire such rights if the payments are made in violation of the rules established by the abovementioned persons and the Licensor has not received the funds.
9.5. The Licensee shall be granted the right to use unactivated data and commands only after the Licensee fully pays for such rights in accordance with provisions hereof unless another procedure is specified in the Agreement or is separately set by the Licensor. The Licensor has the right to refuse to grant rights to the Licensee or offer them on a limited basis until confirmation of payment has been received.
9.6. If, as a result of a technical error, a bug in the Social Network or one of its elements, or voluntary actions of the Licensee, the Licensee receives access to unactivated data and commands without acquiring the usage rights in accordance with procedure described herein, the Licensee is obligated to inform the Licensor and pay the Fee to the Licensor or to eliminate all consequences of the illegal use of the gained rights. The Licensor is entitled to eliminate such consequences itself without informing the Licensee.
9.7. The Licensee is obligated to retain the documents confirming Fee payment by the Licensee throughout the entire period of the Social Network use and present those documents at the request of the Licensor, as well as information regarding the circumstances under which the payment was made by the Licensee.
9.8. The Licensor enjoys the exclusive right to distribute unactivated data and commands, and therefore no third party offers to grant the rights to use such data and commands shall be considered by the Licensee to be the Licensor’s proposal. If disputable ambiguous situations arise or the Licensee is sent any proposals by third parties related to payment for the right to use unactivated data and commands or such advertisements and proposals are placed in the Internet beyond the Website and not on behalf of the Licensor, the Licensee shall immediately inform the Licensor thereof. If in violation of this provision the Licensee makes a payment on the basis of such an advertisement using the payment details given therein, claims made by the Licensee regarding lack of access to unactivated data and commands shall not be accepted and the Licensor shall not compensate to the Licensee the funds spent by the Licensee under such circumstances.
9.9. If the Licensor finds out that the Licensee acquires the right to use unactivated data and commands from third parties, the Licensor at its own discretion shall be entitled to suspend, restrict or terminate the Licensee’s right to use the Social Network.
9.10. If the Licensee acquires the right to use unactivated data and commands, it will not release him/her from the obligation to fulfill this Agreement and any measures mentioned in this Agreement, including suspension or termination of the right to use the Social Network and/or deletion of the Licensee’s Account by the Licensor, will be applicable to the Licensee, unless otherwise directly stipulated in the applicable legislation.
9.11. The Licensee guarantees to the Licensor that he/she has the right to use the payment instrument selected by him/her to pay the Fee without violating the legislation of the Russian Federation and/or the legislation of the Licensee’s country of citizenship and the rights of third parties. The Licensor is not responsible for additional commission fees imposed by operators of payment instruments and the potential damage to the Licensee and/or third parties caused by use by the Licensee of payment instruments that do not belong to him/her.
9.12. The Licensor shall not be liable for any unlawful acts of the Licensee in the course of the Fee payment. If the Licensee is suspected of performing illegal actions, the Licensor reserves the right to unilaterally suspend or terminate the Licensee’s right to use unactivated data and commands until the circumstances are clarified, unless there are direct provisions to the contrary in the applicable legislation.
9.13. If the Licensor has reason to believe that the Licensee is committing illegal or fraudulent activity related to the payment of the Fee, the Licensor is entitled to submit the relevant information to law enforcement agencies to investigate the situation.
9.14. Specific features of Fee payment by the Licensee using bank cards:
9.14.1. Operations using a bank card shall be performed by the holder of that card or his/her authorized representative;
9.14.2. Bank card operations are verified by banks. If a bank has reason to believe that the operation is fraudulent, the bank is entitled to reject the operation. Fraudulent bank card operations are a criminal offense.
9.14.3. To avoid fraud when paying with bank cards, the Licensor may verify bank card payments within the available capabilities. The Licensee who is a card holder that made the payment upon the Licensor’s request shall provide to the Licensor a copy of the documents necessary to confirm the legitimate use of the bank card. If the Licensee fails to provide the documents requested by the Licensor within 14 days after the payment, unless another period is specified by the Licensor, or if there are doubts regarding their authenticity, the Licensor is entitled to suspend the Licensee’s right to use the Social Network, any part/section thereof and/or unactivated data and commands until the circumstances are clarified.
9.15. The Licensee agrees to, understands, and accepts the fact that the Social Network and its Applications are not a game of chance, gambling, competition or wager.
9.16. Purchase of the right to use unactivated data and commands is performed by the Licensee at its own discretion and is not a necessary or required condition for the use of the Social Network or its basic functionality.
10. Territory and Validity Term
10.1. The Licensee is entitled to use the Social Network in the ways described in this Agreement throughout the entire territory of the Russian Federation as well as in other territories where it is accessible by means of standard computer equipment, software and devices.
10.2. This Agreement comes into effect after acceptance of its terms by the Licensee and is valid for one (1) calendar year.
10.3. The validity term of this Agreement will be automatically extended for each subsequent year if before expiration of the validity term:
10.3.1. The Licensor does not make a decision to amend the provisions of this Agreement, to sign a new agreement with Licensees, discontinuing administration and maintenance of the Social Network and to cease access thereto, to terminate this Agreement with respect to the Licensee or to discontinue access of the Licensee to the Social Network.
10.3.2. The Licensee does not decide to stop using the Social Network and delete his/her Account.
10.4. The Licensor reserves the right to terminate this Agreement unilaterally and extrajudicially without informing the Licensee thereof or explaining the reasons with immediate termination of access to and the ability to use the Social Network without compensation for any expenses, damages or repayment of amounts received under this Agreement, in particular in case of shutting down the Social Network, any, in particular single, violation of the terms of this Agreement by the Licensee, and in any other cases specified by the Licensor on the pages of the Social Network, unless otherwise expressly stipulated in the applicable legislation.
10.5. The Licensor is entitled to suspend access to and the ability to use the Social Network at any time without informing the Licensee thereof or explaining the reasons, without compensation for any expenses, damages or repayment of amounts received under this Agreement, in particular in case of any, including single, violation of the terms of this Agreement by the Licensee, unless otherwise expressly stipulated in the applicable legislation.
10.6. The Licensee agrees and fully acknowledges that all exclusive rights and required software licenses that make up any part of the Social Network and/or are used for administering and functioning thereof, including audiovisual representations and the graphic design of the Social Network, photographs, animations, videos, clips, sound recordings, sound effects, music, and the textual elements of the Social Network and Applications of the Social Network, except the Content uploaded to the Social Network by Licensees or third parties, are property of the Licensor unless otherwise clearly stated in the Agreement.
10.7. This Agreement does not assume transfer of any exclusive rights from the Licensor to the Licensee or granting an exclusive license for any components of the Social Network.
10.8. If the Licensee, in accordance with the laws of the Licensee’s state, is banned from using the Internet or social networks, or if there are other legislative limitations, including age limits for accessing such software, the Licensee does not have the right to use the Social Network. In that case it is the Licensee who is responsible for the use of the Social Network in the territory of his/her state in violation of the local legislation.
11. Final Provisions
11.2. The invalidity of one or more provisions of this Agreement, recognized in accordance with established procedures by an effective court decision, will not result in invalidity of this Agreement as a whole. If one or more provisions of this Agreement are recognized to be invalid in accordance with established procedures, the Parties shall fulfill the commitments undertaken hereunder in a manner as close as possible to that implied by the Parties when signing and/or agreeing to amendments made to this Agreement.
11.3. This Agreement and the relations between the Parties dealing with fulfillment of this Agreement and the use of the Social Network are governed by the legislation of the Russian Federation.
11.4. Provisions of the Civil Code of the Russian Federation, which govern the procedure and conditions of entering into agreements by means of public offer acceptance are applicable to the form and method of making this Agreement.
11.5. All disputes brought by the Parties regarding this Agreement shall be resolved by correspondence and negotiations using an out-of-court (complaint) procedure. If the Parties are unable to come to an agreement by means of negotiations within sixty (60) calendar days after the other Party receives a written complaint, any interested party shall submit the dispute to a regular court in whose jurisdiction the Licensor is located (with the exception of the jurisdiction of any other court), unless expressly stipulated otherwise in the applicable legislation.
11.6. The Procedure for reviewing offers, claims, and disputes related to Applications published on the Social Network and developed by third parties placed under each respective Application on that Application’s page on the Social Network is an essential part of this Agreement. In accordance with the abovementioned Procedure all communications, statements, offers, claims and other requests dealing with use of the Applications shall be sent by the Licensee directly to developers of those Applications using the contact information available on the respective Application’s page on the Social Network.
11.7. This Agreement can be found in the Internet in the relevant section of the Social Network, in the Licensor’s Applications and in other places determined by the Licensor and enabling the Licensee to study it.
11.8. Any issues related to fulfillment of this Agreement should be directed to the Licensor, located at 39 Leningradsky Pr., Bldg. 79, Moscow, 125167, Russian Federation.
Updated: December 30, 2016
(with additions on January 18, 2017 and July 5, 2017)