ATTENTION: BY CREATING A PERSONAL PAGE, ACCESSING YOUR PERSONAL PAGE OR THE PERSONAL PAGE OF ANY OTHER LICENSEE OF THE OK.RU (ODNOKLASSNIKI.RU) WEBSITE, OR DOWNLOADING OR COPYING ANY CONTENT ON THE AFOREMENTIONED WEBSITE, YOU ACCEPT THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS WITHOUT LIMITATION.
LICENSE AGREEMENT
This License Agreement (hereinafter the “Agreement”) shall govern relations between Odnoklassniki LLC, hereinafter referred to as the “Licensor”, and you, the Social Network Licensee (hereinafter the “Licensee”), in matters pertaining to the Social Network.
1.1. Social networking service: the aggregate of the following results of intellectual activity available to the Licensee via the Website:
1) Operation of computer programs by the Licensor including their integrated graphic images and user interfaces, which enable the former, given access to the World Wide Web, to create Personal Pages and view the Personal Pages of other Licensees; carry out context-based searches of information pertaining to the other Licensees; exchange Personal Messages with the other Licensees; create groups and communities; join existing groups and communities; post, copy and download photographs and the other Content to personal computers; and use the other functions available on the Website.
2) A database created and managed by the Licensor with the aid of the Licensees and consisting of the aggregate of the information and Content posted by the Licensor and Licensees on the Website including for the purposes of creating and populating Personal Pages or via Personal Pages.
The Licensor shall bear sole responsibility for the operation and maintenance of the Social Network as well as provision of access of the Licensees to the Social Network. Licensees shall participate on the Social Network interactively (online) and access the Website via the World Wide Web. The Licensor is the holder of the relevant rights to the Social Network and all of its elements, both individually and as a whole, save for Content posted on the Social Network by entities other than the Licensor, the rights to which may held by the 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. Website: the Internet site located at http://odnoklassniki.ru, http://ok.ru providing the Licensee access to the Social Network. The Licensor shall post information that is binding for Licensees on the Website.
1.3. Licensor: the Odnoklassniki Limited Liability Company, which grants to the Licensees the right to use the Social Network under the terms and conditions of non-exclusive license and publishes, distributes, operates, maintains, and administers said Social Network. Under the terms and conditions of this License Agreement, the Licensor shall grant Licensees the right to use the Social Network and access the Social Network and its Additional Functionalities. The Licensor is a Party to this Agreement.
1.4. Licensee: a physical entity possessing the capacity required to enter into this Agreement and being a member of the Social Network with the right to use the Social Network under the conditions and limitations of this Agreement. The Licensee is a Party to this Agreement.
1.5. Content: design elements, illustrations, graphic images, photographs, scripts, texts, videos, music, sounds and other items posted on the Social Network that are the result of intellectual activity or not such, for which the rights are held by the Licensor, Licensees or other entities.
1.6. Applications: computer programs (games, electronic services etc.) and their elements posted on the Social Network by the Licensor or by the third parties with the Licensor’s consent, which may be used by the Licensee in addition to the Social Network’s main functions for creating Personal Pages; exchanging Personal Messages with other Licensees; searching for information pertaining to other Licensees; creating and joining groups and communities; and posting, copying or downloading content. Application usage by Licensees is not a prerequisite for using the main functions of the Social Network. The Licensor shall grant to the Licensee usage rights for a portion of the Applications and their elements contained in the Additional Social Network Functionalities for payment. Usage rights for the remaining Applications shall be granted to the Licensee free of charge.
1.7. Personal Page: a section of the Social Network containing a portion of the Licensee’s Account information (including, if requested by the Licensee, photographs of the Licensee as well as information pertaining to friends, statuses, groups, communities etc.) available for viewing by other Licensees. Licensee shall use his/her Personal Page for the purposes of exchanging Personal Messages, adding other Licensees as friends, and carrying out other actions.
1.8. Licensee’s Account (Account): the account of the Licensee that is created upon registration with the Social Network and that enables the Licensor to identify (authorize) each Licensee by way of a unique username and password. The username and password for Account access shall be determined independently by the Licensee upon registration with the Social Network and may be modified by said Licensee by way of the procedure described in this Agreement and in the “Help” section of the Website.
1.9. Personal Messages: electronic messages, which are sent from one Licensee to another, not available for viewing by other persons, and sent and received by using the Licensee’s Personal Page.
1.10. Additional Social Network Functionalities: additional Social Network functional (program) capabilities (sending graphic images (“gifts”) to other Licensees as well as participation in and use of additional elements in certain games included in Applications etc.), the usage rights of which are granted to Licensees for payment provided in the amount and under the conditions defined by this Agreement and the corresponding sections of the Website.
1.11. Unit of Measurement for Additional Social Network Functionality Usage Rights (Usage Right Units): a standard unit (universal grade) transferred by the Licensor to the Account of the Licensee, which defines the rights held by the Licensee to use Additional Social Network Functionalities. The Unit of Measurement for Additional Social Network Functionality Usage rights shall be the “OK”. The number of Additional Social Network Functionality Usage rights granted to the Licensee shall be determined in accordance with the number of Usage Right Units obtained by or otherwise granted to the Licensee.
1.12. License Agreement: the contents of this Agreement between the Licensor and the Licensee consisting of all of the necessary and fundamental license contract conditions pertaining to the right to use the Social Network, including Additional Social Network Functionalities, as a computer program. The Licensee code of conduct, specific Licensee rules, payment conditions for specific elements of the Additional Social Network Functionalities posted by the Licensor in sections of the Website and/or elements of the Social Network including Applications constitute an integral part of this Agreement.
2. Signing Conditions
Before using the Social Network, the Licensee shall be obligated to read this Agreement as well as all of the applicable rules and other documents on the Social Network, which are freely accessible online at: http://www.ok.ru/regulations.
Upon filling in 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 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.
De facto use of the Social Network without Account registration by way of, for example, viewing Personal Pages of other Licensees shall also be considered as acceptance of this Agreement.
Under this Agreement, and subject to Licensee compliance with its relevant conditions and regulations governing the use of the Social Network, the Licensor shall grant to the Licensee the right to use the Social Network as software and databases under a simple non-exclusive license, including access to basic features of the Social Network and the information published therein, as well as to Additional Social Network Functionalities within the scope specified in this Agreement. Granting the rights to use Content uploaded to the Website by Licensees falls outside the scope of this Agreement.
The right to use the Social Network, safe for its Additional Functionalities, shall be granted to the Licensee free of charge.
The right to use Additional Social Network Functionalities shall be deemed granted at the time when the Licensee's account is credited with the Usage Right Units. Subsequent use of the Usage Right Units by the Licensee shall be carried out exclusively on the Social Network and shall not result in the Licensor's liability for their use/non-use by the Licensee. Any claims by the Licensee under Article 1062 of the Civil Code shall not be under judicial protection.
Acquisition of Additional Social Network Functionality Usage rights and payment for them shall not be required for the Licensee to gain access to the Social Network or to obtain rights to use the Social Network in general. Additional Social Network Functionality Usage rights shall be granted upon request of the Licensee. Additional Social Network Functionalities may only be used by the Licensee in connection with the use of the Social Network.
4. Limitations on the Use of the Social Network and its Additional Functionalities
4.1. The Licensee may use the Social Network and its Additional Functionalities as follows:
4.1.1. Use of the Social Network’s basic functionality through the built-in software including participation in forming Social Network by creating an Account and a Personal Page, modification of Social Network Content in the course of such participation by placing and manipulating Information and Content and interacting with other Licensees on the condition of compliance with the rules provided in this Agreement.
4.1.2. Reproduction of the elements of the Social Network, including Additional Functionalities, as 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 be subject to copyright or consist of personal images (photographs) of other Licensees or third parties, the Licensee shall also obtain the consent of such persons for such reproduction.
4.1.3. Use of the Additional Social Network Functionalities upon payment for the appropriate Additional Social Network Functionality Usage rights in accordance with this Agreement.
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 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 in the World Wide Web or outside it.
4.2.3. Distribute 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 Social Network and/or Additional Functionality Usage rights granted to the Licensee to other Licensees or third parties by entering into a sublicensing agreement or in any other way;
4.2.5. Violate Social Network Usage Regulations set forth in this Agreement (Section 5).
5. Social Network Usage Regulations
5.1. To make a full use of the Social Network, the Licensee must create an Account.
In the course of Account registration, the Licensee shall enter current and valid information, including surname, sex, date of birth, and other information. 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 Licensee’s password shall rest with the Licensee. The Licensee is advised to choose a password of sufficient strength to exclude the possibility of password guessing by third parties.
5.2. The Licensee’s personal data specified during registration, i.e. surname, date of birth, place of residence, place of study or work, and other information displayed in the Account and on the Personal Page (hereinafter, the “account data”), shall be processed by the Licensor to ensure proper execution of this Agreement, targeted advertising provisions, and Social Network feature enhancement.
5.3. By accepting this Agreement and submitting data in the associated Account, the Licensee agrees to the processing of his/her account data by the Licensor, to publication of said account data on the Licensee’s Personal Page, and to the fact that account data published on his/her Personal Page will be considered public information.
The purpose of processing the Licensee’s account data is to determine which features of the Social Network are potentially interesting to the Licensee, offer him/her usage of these functions, run advertising campaigns, provide targeted advertising, conduct statistical research and analysis of the obtained statistical data, and conduct other activities described in this Agreement and the relevant sections of the Site.
Processing of the Licensee’s account data shall be performed starting from the time of registration of the Licensee’s Account until the Account is deleted.
The Licensee agrees that the Licensor, in the course of processing the account data, is entitled to perform the following actions: collection, systematization, retaining, storage, use, transfer to third parties (including transfer of anonymized statistical data), destruction, and other actions as necessary in order to fulfill this Agreement and ensure the functionality of the Social Network.
The current version of the document that defines the Licensor’s policy in processing and securing Licensee personal data (account data – hereinafter the “Personal Data Protection Policy"), pursuant to paragraph 2 of Article 18.1 of the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data", published and available for download. The Licensor shall have the right to unilaterally change the terms of the Personal Data Protection Policy by publishing new revisions online at the above address. Changes to the Personal Data Protection Policy shall take effect at the time of publication of the amended document, as described above. The Licensee shall undertake to regularly monitor changes to the Personal Data Protection Policy and be familiar with its contents. By accepting this Agreement, the Licensee agrees to the terms of the Personal Data Protection Policy.
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 pictures and other materials in accordance with the provided functionality, join communities, and use other features provided by the Licensor, upon the condition that the usage of the Social Network is compliant with this Agreement.
5.5. The Licensee acknowledges and agrees that the information and account data entered in the Licensee’s Account are available for viewing by other Licensees on the Licensee's Personal Page.
5.6. Licensees who have previously registered an Account shall pass an authorization procedure each time they log onto the Social Network by entering their username and password, following a hyperlink received by e-mail, or by way of automatic authorization based on cookies or other technological means.
5.7. A person authorized on the Social Network shall be deemed the appropriate holder of a Licensee's Account, for which access and management has been obtained as a result of this authorization.
5.8. Cookies-based technology may be used when the Licensee uses the Social Network to automatically log the Licensee on the Social Network, as well as for collection of statistical data, in particular Social Network usage frequency.
5.9. The Licensee may restrict or prohibit the use of cookies through appropriate browser settings.
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 listed in the Help section and other sections of the Website. Access restoration methods for the Licensee’s account and authorization may be modified, revoked, or enhanced unilaterally by the Licensor.
5.11. The Licensor shall undertake commercially reasonable efforts to ensure the functionality of the Social Network at all times but cannot guarantee the absence downtimes associated with 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 operate at any given time in the future or that they will not cease to operate.
5.12. The Social Network, including all scripts, Applications, Content, and Website design are provided "as is". The Licensor makes no guarantee that the Social Network or its elements may be suitable for any specific purpose of use. The Licensor cannot guarantee and does not promise any specific results from the use of the Social Network or its components. 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. When using the Social Network, the Licensee shall take precautions with respect to Content, particularly Content posted by other Licensees, and other materials and information; when following the hyperlinks posted on the Website; when using any files, including software, in order to avoid negative effect of malicious software on 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 ensuring the functionality of the Social Network via appropriate methods.
5.15. The Licensee may not download or otherwise communicate to the public (post on the Social Network, publish on the Website) Content or other results of intellectual activity of the Licensees, Licensor, and other persons who are copyright holders, unless there is explicitly expressed consent of the rightholder and/or the Licensee holds the necessary rights to perform such action.
6. Licensor Rights and Responsibilities
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 the provisions of this Agreement, and exercise other rights afforded to it. The Licensee agrees that the Licensor shall be entitled to use the functional and technical capabilities of software (audio/video player) that displays Content located within the Website, at its sole discretion, including use for the purpose of displaying advertising.
6.2. With respect to providing means for interaction between Licensees, including providing Licensees the ability to independently perform certain actions withon the Social Network and the Website, the Licensor shall act only as a person who has organized the technical means for such interaction. Transmission, storage and access to the information, graphic images, and other materials provided by the Licensees via the Internet and the Social Network software shall be performed without modification of such materials or exacting any influence on them on the part of the Licensor.
6.3. The Licensor shall take decisions related to advertising placement on the Social Network and/or on the Website, 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 Website and the Social Network, their content, the set of the features provided, including Additional Social Network Functionality, to modify or enhance the scripts and software being used, the Licensor’s Content, and other objects used or stored on the Social Network and/or on the Website, any Applications and server applications at any time to with or without notifying the Licensee.
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 provisions of this Agreement, the rights of other Licensees or third parties, cause them damage, or threaten their safety.
6.4.3. Delete, at its sole discretion, any information (including Personal Messages of the Licensee, comments to 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 or the provisions of this Agreement.
6.4.4. Suspend, restrict, or terminate the Licensee’s access to all or any sections of the Website and/or elements of the Social Network, communities, groups on the Social Network, the Social Network features, including its Additional Functionality, delete communities and groups created by the Licensee, at any time without justification, with or without notice.
6.4.5. Delete the Licensee’s Account at its discretion, including in the event of violation by the Licensee of the law of the Russian Federation or the provisions of this Agreement.
6.4.6. Provide to the Licensee, for a fee, Additional Social Network Functionality Usage rights on the terms provided for in this Agreement and the relevant sections of the Website and/or elements of the social network, including Applications.
6.4.7. Send messages to the Licensees (including e-mail messages, SMS, etc.), to notify of introducing new or retiring old Social Network features and of new Personal Messages and new comments on photos or statuses published on the Licensee’s Personal Page, etc. containing advertising information about the Social Network features, including Additional Functionalities. Messages containing advertisements for the products or services of third parties shall not be sent to the Licensees without the prior consent of the Licensees.
6.4.8. Identify and maintain information about IP addresses used by the Licensee to access the Social Network and use files containing technical information (cookies) stored on the personal computer of the Licensee for the purposes of Licensee’s identification and statistical data collection.
6.4.9. Admonish, during the Licensees’ usage of 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 who published Applications on the Social Network with the consent of the Licensor, in the course of the Licensee's use of such Applications, however, the Licensor, at its 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 Website are received from other Licensee(s).
6.6. The Licensor undertakes the following obligations:
6.6.1. To provide, under the conditions set out in this Agreement, an opportunity for the Licensee to use the Social Network and to grant rights to use the Social Network as software and/or a database and its Additional Functionalities.
6.6.2. To notify the Licensee of changes in the terms of this Agreement by publishing information on the Website or sending messages withon the Social Network.
7. Licensee Rights and Responsibilities
7.1. The Licensee may:
7.1.1. Adjust the settings of the Account and the Personal Page, change the username and password used to access the account.
7.1.2. Post his/her personal information in his/her account, add photos, statuses, rate pictures 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 or join existing ones, use the Social Network’s features and applications, and deploy materials in them according to the publication requirements.
7.1.5. Send and receive Personal Messages, add messages in a forum.
7.1.6. Moderate photos posted on the Personal Pages of other Licensees. This right may be exercised by the Licensees who subscribed to perform moderation by changing the appropriate settings of their Account.
7.1.7. Acquire usage rights to Additional Social Network Functionalities and exercise these rights in accordance with this Agreement.
7.1.8. Carry out other actions that are not prohibited by the law of the Russian Federation or this Agreement with respect to the use of the Social Network.
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 limits of the use of the Social Network and Additional Social Network Functionalities as set out 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 Website (text, graphics, audio, or video) without the written consent of the Licensor.
7.2.5. Independently take appropriate measures to ensure the safety of his/her Account and Personal Page and prevent unauthorized access by third parties (in particular, ensure that his/her password is not saved in the browser, including when cookies are used, if it is possible that the Licensee’s computer device may be used by a third party).
7.2.6. Follow the instructions of the Licensor, in particular those given by the Licensor to the Licensee or a group of Licensees on the Social Network Customer (Licensee) Support Center, in the news section of the Website, or in forums owned by the Licensor. Should the Licensee fail to follow such instructions, the Licensor shall have the right to suspend, restrict, or terminate providing the Licensee the rights to use the Social Network or some of its features, including Additional Social Network Functionalities.
7.2.7. Present evidence of his/her personal data, including surname, 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, such consent is not required.
7.2.9. Notify the Licensor of all actions performed towards 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 http://ok.ru/regulations and monitor the amendments thereto.
7.2.12. Comply with other requirements and perform other obligations set forth in this Agreement and posted in sections of the Website and/or elements of the Social Network.
7.3. The Licensee warrants that he/she has the necessary competence to enter into this Agreement. If the Licensee has not reached legal adulthood (18 years) or has become completely legally incompetent as a result of some other condition provided for by the current legislation, he/she shall be obliged to obtain the necessary authorization in the form required by law from his/her parents or legal representatives.
7.4. The Licensee is not allowed to:
7.4.1. Collect account data of other Licensees.
7.4.2. Use any automatic or automated means of collecting information placed on the Website and/or on the Social Network.
7.4.3. Carry out propaganda or advocacy instigating social, racial, national, or religious hatred, propaganda of war or social, racial, national, religious, or linguistic supremacy.
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 under the law or the contract for the disclosure of this information.
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, Licensee, or third parties and that is subject to copyright or other exclusive rights without prior permission of the rightholder, except for as provided for by this Agreement and the applicable laws of the Russian Federation as well as instances, in which the copyright holders explicitly consented to free use of their own content by any person. By uploading music, 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 upon the rights or legitimate rightholder interests and those of third parties, and that all the necessary consent of the respective owners and third parties has been duly and explicitly 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 publicly accessible form (in a forum, in the comments, and/or status) or transmit through Private Messaging text messages, graphic images, or other materials that are offensive to 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 (including those that are untrue) if such publication causes or may cause damage to the honor, dignity, or business reputation of a person 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 of erotic and pornographic nature or hypertext links to websites containing such materials.
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 controlled or psychotropic substances, including information on the distribution of controlled substances, recipes for manufacturing them, and directions regarding usage.
7.4.13. Publish on the Social Network information that infringes upon the rights of minors.
7.4.14. Publish on the Social Network information of a fraudulent 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. Indicate during the registration process or later stage deliberately false or fictitious information about him/herself, in particular, fictitious names and surnames or another person’s name and surname.
7.4.17. Publish on the Social Network as his/her own photos images of other persons without their consent or fictional characters, images of animals, objects, abstract images, or any other graphic images that are not images on which the Licensee is not depicted, without the consent of the authors 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 system or another advertising placements agreed upon with the business department of the Licensor.
7.4.19. Register more than one Licensee Account for a single person.
7.4.20. Carry out actions aimed at destabilizing the functioning of the Website and/or the Social Network; attempt unauthorized access to the management of the Website and/or the Social Network or their sections with restricted access (including sections to which access is allowed only to 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 the 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, controlled substances, hard liquor, or 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.
8. Guarantees and Liability
8.1. The Licensee hereby warrants that by placing information, Content, or other legally protected intellectual property, or copies or parts thereof, or other materials, on the Social Network, or by distributing it via Personal Messages he/she is not in violation of anyone's rights or legitimate interests. 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 prevent the possibility of authorization by others.
8.3. The Licensor shall maintain the privacy of correspondence performed by the 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 email 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 by the Licensee, which may be expressed using the Social Network functionality, unless otherwise provided in this Agreement or applicable law.
8.5. The Licensor shall play no part forming the content of the Licensee's Personal Page or Content downloading by the Licensee nor shall it control the actions of the Licensee, have the technical ability to carry out automatic censorship of information in the publicly accessible areas of the Website and the Social Network or in the Licensees’ Personal Pages or censorship of Personal Messages, or bear responsibility for the acts or omissions of the Licensee.
8.6. The Licensor does not perform and has no technical ability 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 as well as in connection with 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 using it. The Licensee shall undertake to resolve by his/her own effort the complaints of third parties related to illegal posting of Content or information on the Social Network.
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 Private Message, posted in forums or on Personal Pages, etc. shall not constitute endorsement or recommendation of said products (services) on the part of 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 user name, password, or other information required for the use of the Account or 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 is using gaming Applications on the Social Network, the Licensor shall not be liable for any loss by the Licensee, during gameplay, of game valuables previously acquired through participation in such gaming Applications or by purchasing Additional Social Network Functionalities.
8.18. The Licensor shall not bear responsibility for Licensee Internet access unavailability or the quality of services of Internet service providers with whom the Licensee has an agreement for provision of access to the Internet.
8.19. The Licensor shall not exchange for cash, credit, or other valuables the Social Network features obtained by the Licensee in the course of his/her use of the Social Network or Additional Social Network Functionalities including Units of Measurement for Additional Social Network Functionality Usage rights.
8.20. The Licensor shall not reimburse Licensees for costs associated with the acquisition by the Licensee of rights to Additional Social Network Functionalities including instances of suspension or termination of access to the Social Network or suspension or termination of this Agreement for any reason.
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 arising out of:
8.21.1. Use or inability to use the Social Network.
8.21.2. Unauthorized access by any third party of personal information of the Licensee including the Licensee’s Account and Personal Page.
8.21.3. Statements or conduct of any third party on the Social Network or on the Website.
8.21.4. Deletion of the Account or Content or cessation of operation of certain Social Network elements or the Social Network in general.
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.
8.23. The Licensor shall not be liable for providing to the Licensee any evidence, documents, etc. to prove that the Licensee has violated the conditions of this Agreement, violation of which resulted in denial of access to the Social Network or its individual features for the Licensee, including Additional Social Network Functionalities, or discontinuation and/or restriction of such access.
8.24. Licensee complaints sent to the Licensor shall be accepted and reviewed, provided that the Licensee’s account contains actual and valid data. Considering the possible existence of Accounts with similar credentials, the Licensor may request additional data and information, including those in relation to the Licensee’s Account, 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 the use of the Application. The Licensee is hereby notified that the Application may provide 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 Application. 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 Application for a reasonable 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. Additional Social Network Functionalities
9.1. This section of this Agreement governs the procedure and conditions for the Licensee’s access to the Additional Social Network Functionalities as granted by the Licensor.
9.2. The Licensor may grant the Licensee at the Licensee’s request and on a reimbursable basis the right to use Additional Social Network Functionalities, allowing the Licensee to use the additional, expanded, and special software capabilities of the Social Network (statuses on Personal Pages, the ability to send other Licensees graphical representations such as “gifts,” etc.).
The right to use Additional Social Network Functionalities shall be granted to the Licensee as a simple, non-exclusive license for the fee and in the amount determined by this Agreement and based on the amount of such payment.
Payment for the rights to use Additional Social Network Functionalities (a one-time license fee) shall be made by the Licensee in the currency of the applicable country and in the amount of the Usage Right Units determined by the Licensee for the right to use Additional Social Network Functionalities. The cost of one Unit of Measurement for Additional Social Network Functionality Usage Rights shall be the sum indicated on the online payment page located at: http://www.ok.ru/payment. The cost may be unilaterally modified by the Licensor at any time without informing the Licensee. The cost of acquiring rights to Additional Social Network Functionalities is not reviewable.
The Licensee shall retain the right to use Additional Social Network Functionalities by freely exchanging the Usage Right Units for the ability to use concrete functions of the Social Network and/or Applications included in Additional Functionalities according to the internal exchange rate of the Social Network as published in the sections of the Social Network devoted to those concrete functions or Applications.
The Licensee is aware that when using Additional Functionalities as part of the Social Network or its Applications, access to Additional Functionalities in the amount of Usage Right Units may be terminated in accordance with this Agreement as a result of their use or other reasons, which does not grant the Licensee the right to demand a refund from the Licensor of the license fee paid for the right to use Additional Social Network Functionalities.
9.3. The right to use Additional Social Network Functionalities shall be granted the moment the personal account of the Licensee is charged for the corresponding amount of Usage Right Units.
The right to use Additional Social Network Functionalities shall be granted to the Licensee for the period of validity of this Agreement unless the granted rights are exhausted before that point.
9.4. The Licensor automatically and at registration shall assign the Licensee a personal account in the Social Network that is directly tied to the Licensee’s Account.
9.5. The methods of and conditions for paying for the usage rights for Additional Social Network Functionalities via payment systems shall be published by the Licensor on the Website at: http://www.ok.ru/payment. The Licensee shall pay license fees by transferring money via one of the supported payment methods. The list of available payment methods is provided on the Website.
9.6. When paying for Additional Social Network Functionality usage rights, the Licensee shall be obligated to follow the payment instructions given regarding the process and methods of payment, including rules for entering messages and numbers from short text messages (SMS), and also including the process for entering upper- and lower-case letters, numbers, and the input language. The right to use Additional Social Network Functionalities shall be granted to the Licensee after execution of the attached instructions and payment conditions. The Licensor bears no responsibility for the accuracy, with which the Licensee meets the payment conditions. For questions regarding the rules and process for using payment systems to replenish the personal account, the Licensee must consult with the legal entities and holders responsible for those payment systems. The Licensor does not offer the Licensee explanations for issues regarding the rules and process for using such payment systems and does not offer compensation to the Licensee for funds paid via payment systems to acquire Additional Social Network Functionalities usage rights if those payments are made in violation of the rules established by the payment systems resulting in the Licensee not receiving the funds.
9.7. The Licensee shall be granted the right to use Additional Social Network Functionalities only after full payment is made by the Licensee in accordance with the conditions of this Agreement. 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.
9.8. 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 Additional Social Network Functionalities without acquiring the usage rights in accordance with the process prescribed by this Agreement, the Licensee is obligated to inform the Licensor and pay the Licensor for the usage rights for that Additional Functionality or dispose of all aspects of the illegitimate use of Additional Social Network Functionalities. The Licensor has the right to dispose of such aspects independently and without informing the Licensee.
9.9. The Licensee is obligated to retain the documents confirming payment by the Licensee for the usage rights for Additional Social Network Functionalities throughout the entire period during which the Social Network is used and present those documents at the request of the Licensor, while also retaining information regarding the circumstances under which payment was made by the Licensee.
9.10. The Licensee is obligated to independently monitor the Licensee’s personal account.
9.11. The Licensor enjoys the exclusive right to disseminate Additional Social Network Functionalities, and therefore no third party offers regarding usage rights for Additional Social Network Functionalities may be considered by the Licensee as proceeding from the Licensor. If the Licensee makes a payment in violation of this paragraph for a specified advertisement using the payment details listed in that advertisement, claims made by the Licensee regarding lack of access to Additional Social Network Functionalities shall not be accepted and the Licensor shall not compensate the Licensee for funds spent by the Licensee under such circumstances.
9.12. If the Licensor ascertains that the Licensee has access to Additional Social Network Functionalities via third parties, the Licensor has the right to withhold, limit, or discontinue the access of the Licensee to the Social Network and/or its Additional Functionalities.
9.13. Acquiring Additional Social Network Functionality usage rights does not release the Licensee from the responsibility to observe this Agreement and employ all measures in this Agreement, including full or partial rejection on the part of the Licensor of further access to the Social Network and Additional Social Network Functionalities, as well as the deletion of the Account of the Licensee by the Licensor. Compensation of the cost of acquiring the usage rights for Additional Social Network Functionalities by the Licensor in this case shall not be provided.
9.14. The Licensee guarantees that the Licensor has the right to use the means chosen by the Licensee to pay for Additional Social Network Functionality usage rights and that the Licensee is not in violation in so doing of the legislation of the Russian Federation, the legislation of the country of which the Licensee is a citizen, or the rights of third parties. The Licensor bears no responsibility for possible damages suffered by third parties and/or other Licensees due to the Licensee’s inappropriate use of funds for payment.
9.15. The Licensor bears no responsibility for possible wrongful actions committed by the Licensee when paying for the Additional Social Network Functionality usage rights. The Licensor reserves the right to unilaterally withhold or discontinue the access of the Licensee to Additional Social Network Functionalities if there is suspicion of illegal actions being taken by the Licensee until the circumstances are clarified.
9.16. If the Licensor has reason to believe that the Licensee is committing illegal or fraudulent activity related to the payment for the usage rights for Additional Social Network Functionalities, the Licensor has the right to hand the applicable information over to law enforcement agencies to investigate the situation.
9.17. Particulars of payment on behalf of the Licensee for the usage rights for Additional Social Network Functionalities using bank cards:
9.17.1. Operations using a bank card shall be made by the holder of that card or their authorized representative.
9.17.2. Bank card operations are authorized by banks. If a bank has reason to believe an operation is fraudulent, the bank has the right to decline the operation. Fraudulent bank card operations are a criminal offense.
9.17.3. The Licensor may verify bank card payments in order to avoid fraud. The Licensee and card holder making the payment is obligated at the request of the Licensor to present a copy of the documents necessary for the Licensor to confirm the legitimacy of the use of that bank card. If the Licensee does not provide the documentation within 14 days of the date of payment or suspicion is raised regarding their authenticity, the Licensor shall have the right to withhold the Licensee’s Additional Social Network Functionalities usage rights until the circumstances can be clarified.
9.18. The Licensee agrees to, understands, and accepts the fact that the Social Network and its Applications are not a game of chance, betting game, competition, or for wagering. Acquiring Additional Social Network Functionality usage rights is an expression of personal intent and desire, not being a necessary or required condition for the use of the Social Network or its basic functionality.
10. Jurisdiction and Period of Validity
10.1. The Licensee shall have the right to use the Social Network and Additional Social Network Functionalities in the ways described in this Agreement throughout the entire territory of the Russian Federation as well as other areas where it is accessible using standard computing tools and programs.
10.2. This Agreement goes into effect from the moment its conditions are accepted by the Licensee and is valid for one calendar year.
10.3. The validity of this Agreement automatically renews for each subsequent year until its expiration.
10.3.1. The Licensor will not make decisions regarding the provisions of this Agreement, the necessity of signing a new agreement with Licensee, discontinuing the administration and maintenance of the Social Network or access to it, discontinuing this Agreement with respect to the Licensee, or discontinuing access to the Social Network with respect to the Licensee.
10.3.2. The Licensee will not make decisions regarding discontinuing the use of the Social Network or its Additional Functionalities, or delete the Licensee’s Account.
10.4. The Licensor reserves the right at any time and without informing the Licensee or providing a reason to unilaterally and extrajudicially discontinue this Agreement with immediate removal of access to and ability to use the Social Network without compensation for any expenses, damages, or repayment of anything received in accordance with this Agreement, including in the following cases:
10.4.1. Shutting down the Social Network
10.4.2. Any and all violations on the part of the Licensee of the conditions of this Agreement
10.5. The Licensor has the right at any time and without informing the Licensee or providing a reason to remove access to and the ability to use the Social Network without compensation for any expenses, damages, or repayment of anything received in accordance with this Agreement, including in the case of any and all violations on the part of the Licensee of the conditions of this Agreement.
10.6. The Licensee has the right at any time and without informing the Licensor or providing a reason to unilaterally and extrajudicially discontinue this Agreement by deleting the Licensee’s Account without compensation for any expenses, damages, or repayment of anything received in accordance with this Agreement.
10.7. 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 in its administration and function, including audiovisual representations and the graphic design of the Website, photographs, animations, videos, clips, sound recordings, sound effects, music, and the textual elements of the Website and Applications of the Social Network, with the exception of Content uploaded to the Website by Licensees, are property of the Licensor unless otherwise clearly stated in this Agreement, on the Website, or in the Applications.
10.8. This Agreement does not permit transfers from the Licensor to the Licensee of any exclusive rights or distribution of exclusive licenses for any components of the Social Network.
10.9. If the Licensee, in accordance with the laws of the Licensee’s government, is barred 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 the Licensee independently takes responsibility for the use of the Social Network in the territory of its government in violation of local law.
11. Final Provisions
11.1. This Agreement may be altered by the Licensor without any prior notification. Any changes to this Agreement made unilaterally by the Licensor go into effect the day after they are published on the Licensor’s Website. The Licensee is obligated to independently review changes made to this Agreement. Any unfamiliarity on the part of the Licensee with this Agreement and/or changes made to it may not serve as a basis for non-observance by the Licensee of the limitations set by this Agreement.
11.2. The invalidity of one or more provisions of this Agreement recognized in accordance with established procedures has no bearing for the Parties on the validity of this Agreement as a whole. If one or more provisions of this Agreement are recognized in accordance with established procedures to be invalid, the Parties shall be obligated to fulfill the commitments laid out in this Agreement in a manner as close as possible to that implied by the Parties when signing and/or agreeing to changes made to this Agreement.
11.3. This Agreement and the relationship between the Parties with regard to this Agreement and the use of the Social Network are subject to the law of the Russian Federation.
11.4. The form and means of signing this Agreement are subject to the standards of the Civil Code of the Russian Federation, which governs the process and conditions for signing agreements via acceptance of public offers.
11.5. All disputes brought by the Parties regarding this Agreement shall be resolved by pre-trial (complaint) correspondence and negotiation. If no agreement can be reached between the Parties via negotiations within 60 calendar days from the receipt of the complaint by the other Party, the dispute may be handed over for review by either interested Party to a regular court in whose jurisdiction the Licensor is located (with the exception of the jurisdiction of any other court).
11.6. The process listed for each Application on that Application’s page within the Social Network for reviewing offers, claims, and disputes related to Applications published in the Social Network and developed by third parties is an essential part of this Agreement. In accordance with the process laid out above, all communications, statements, offers, claims, and other requests in reference to Applications are sent by the Licensee directly to the developers of those Applications using the contact information available on the appropriate Application’s page in the Social Network.
11.7. Questions related to the fulfillment of this Agreement should be directed to the Licensor, located at Leningradsky Pr. 39, Bldg. 79, Moscow, 125167, Russian Federation.
Edited: October 27, 2014