1. DEFINITION OF TERMS
Throughout this Agreement, the following terms are given the following meaning:
“Site” means the following website: toncoder.com, which is owned by Company and located at the following link: https:/toncoder.com.
“User,” ‘you,’ ‘you,’ ‘your,’ ‘you,’ ‘you,’ ‘you,’ or any other similar derivation (as the context requires) means the person who (1) uses the Site and/or has accessed its Content; and (2) has agreed to abide by the Site Terms of Use set forth in the body of this Agreement by using the Site.
“Company”, ‘We’, ‘Our’, ‘Us’, ‘We’ or any other similar derivatives (depending on the context) means the following person: toncoder.com, the site, the address of location: 47A Navskaya Street, Kaliningrad, 236022, office 1, (including, its branches and representative offices both in the Russian Federation and abroad, as well as any other entities created as a result of the Company’s reorganization), which owns or operates the Site.
“Site Content” means all objects placed by the Company and/or third parties (with the Company’s permission) on the Site, including design elements, text, graphics, images, illustrations, videos, programs, music, sounds, information, notices and any other objects of similar purpose, compilations or combinations thereof.
“Site Software” means software developed by the Company (and/or third parties on behalf of the Company) for the Site, including, but not limited to, all software, scripts, codes (HTML codes), programs, etc.
“Services” means collectively the Site Content and the Site Software.
2. ADHERENCE TO THE AGREEMENT
2.1 Users use the Site for the following purposes:
obtaining information about the Company, goods and services sold by the Company, placing orders for the Company’s goods and services, obtaining analytical information related directly or indirectly to the Company’s goods and services.
2.2 This User Agreement (hereinafter referred to as the “Agreement”) defines the rules and procedure for using the Site and Services, the rights and obligations of Users, as well as regulates the behavior of Users when accessing the Site and Services.
2.3 The User accepts the terms of this Agreement by continuing to use the Site.
2.4 This Agreement is binding for its parties (i.e. for the Company and the User). Assignment by the User of his rights under this Agreement is possible only after receiving a prior written consent from the Company.
3. SITE USERS
General criteria and age
3.1 To use the Site, Users must meet the following criteria (cumulatively):
(1) be at least 18 years of age; and
(2) not be restricted in the right of access to the Site and Services on the basis of a court decision that has entered into legal force, or in cases provided for by applicable law or the terms of this Agreement.
3.2 No registration is required to use the Site.
4. INTELLECTUAL PROPERTY
4.1 The Company owns all property rights, including proprietary intellectual property rights, to all Site Content and the Site Software without exception. The Site Software and the Site Content are protected by copyright in accordance with the procedure provided for by the current civil legislation of the Russian Federation, as well as international treaties and conventions in the field of intellectual property protection.
4.2 Users are prohibited to copy, reproduce, modify, compile, distribute, display in any form, publish, download, transmit, sell or otherwise distribute or use the Site Content and Site Software unless such actions are expressly permitted by the terms of this Agreement or the applicable laws of the Russian Federation.
4.3 Nothing in the text of this Agreement may be construed as a transfer to the User of any exclusive rights to the Site Content (in whole or in part) and/or the Site Software.
4.4 The Company owns all rights in respect of trademarks, commercial (business) names, brands, logos registered in its name (hereinafter referred to as “Trademarks”). Such Trademarks are protected by applicable law and NOTHING in the text of this Agreement shall be construed as a transfer of any license to the User to use such Trademarks.
5. SITE BEHAVIOR
Rules of behavior on the Site
5.1 While using the Site, User agrees to adhere to the following rules:
(1) comply with all obligations assumed by the User in connection with the accession to this Agreement; and
(2) not to perform any actions (with or without the use of automation means) aimed at collecting any personal data of other Users; and
(3) not to take any actions or assist third parties in performing actions aimed at disrupting the operation of the Site, including, but not limited to (a) uploading viruses or malicious code; (b) performing actions that may result in disabling the Site, disrupting the normal operation of the Site or the Site Software, or degrading the appearance of the Site and/or the Site Content.
(4) not take any other action that is unlawful, fraudulent, discriminatory or misleading.
Feedback on the Site
5.2 Each User shall from time to time have the right (but not the obligation) to leave or submit ideas, feedback, suggestions or projects aimed at improving the operation of the Site or the quality of the Services provided. Such feedback may be submitted by the User in the following ways:
send a letter to the e-mail address [email protected].
5.3 By submitting such ideas, feedback, suggestions or projects, User automatically grants us a non-exclusive, royalty-free, worldwide, transferable and sublicensable license to store, use, distribute, modify, launch, copy, publicly perform or display, translate your ideas, feedback, suggestions or projects and to create derivative works based on them.
6. ADVERTISING ON THE WEBSITE
Placement of advertising by the Company
6.1 The Company may from time to time place any advertising or marketing material on the Site.
6.2 The User may from time to time receive messages from the Company with certain advertising or marketing materials. The Company shall send the said materials only with the User’s consent expressed in the form of a corresponding subscription by performing the following actions:
when making an application for the creation of a service or executing a contract online through the use of special forms of the site designed for these purposes, the User ticks the checkbox opposite the phrase “Please send the Company’s news to my address”.
6.3 The User also has the right to cancel such free subscription at any time and without giving a reason by performing the following actions:
in any email, the User has the option to click on the “Manage Newsletter” link at the end of the email and select the topics of the emails he/she does not wish to receive in the future.
Placement of advertisements by third parties
6.4 The Site Content may contain links to third party websites and/or advertising or marketing materials about goods/services provided by such third parties (hereinafter referred to as “Third Party Advertising”). THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY (1) FOR THE CONTENT OF THE THIRD PARTY ADVERTISEMENTS OR FOR THE AVAILABILITY, QUALITY OR SAFETY OF THE GOODS/SERVICES PROMOTED IN SUCH ADVERTISEMENTS; and (2) FOR ANY DAMAGES, LOSSES OR DAMAGES incurred or suffered by the USER as a result of the USER reading such advertisements or using the goods/services promoted in the third party advertisements.
6.5 In case you go to another website through a third party Advertisement placed on the Website, the Company cannot guarantee that such website is safe for the User and/or his/her computer. Nothing in the text of this Agreement shall be construed as an assurance, encouragement, recommendation or inducement of the User to use any Third Party Advertising, visit any Third Party websites, as well as to try, purchase, use any Third Party goods/services.
7. MAKING PURCHASES THROUGH THE SITE
7.1 The Site does not provide the facility to purchase any goods/services through it.
8. SUBSCRIPTION ON THE SITE
8.1 Access to the Site and its Services does not imply any subscription from Users.
9. TERMINATION OF ACCESS TO THE SITE
9.1 The User has the right to stop using the Site at any time.
9.2 In case (1) the User violates the terms of this Agreement; and/or (2) infringes the intellectual property rights of the Company, other Users or third parties; and/or (3) commits actions that are illegal, violate the rights and interests of the Company, other Users or third parties or undermine the work of the Site or the possibility of using the Site by other Users; and/or (4) the Services or the Site is used by the User in such a way that it may entail legal liability of the Company in the future; and/or (5) if the User is not legally responsible for the use of the Site.
9.3. the User is duly informed that the Company does not assume responsibility for any damage, losses, lost profits, loss of business or personal reputation caused to the User by the deletion or blocking of the account and/or inability to access the Site and its Services.
10. ASK A QUESTION
10.1 If you have any questions regarding the terms and conditions of this Agreement or the manner/method of their fulfillment, you may address your question to us in the following ways:
send an e-mail to [email protected].
10.2 The Company’s employees and representatives will use their best efforts to respond to your inquiry within a reasonable period of time.
11. LIABILITY
11.1. IN NO EVENT SHALL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE TO THE USER OR TO ANY THIRD PARTY:
(1) FOR ANY CONSEQUENTIAL, INCIDENTAL, UNINTENTIONAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, HARM TO HONOR, DIGNITY OR GOODWILL, CAUSED IN CONNECTION WITH THE USE OF THE SITE, SERVICES OR OTHER MATERIALS ACCESSED BY THE USER OR OTHERS THROUGH THE SITE, EVEN IF THE COMPANY HAS WARNED OR INDICATED THE POSSIBILITY OF SUCH HARM; and
(2) FOR THE ACTIONS OF OTHER USERS, FOR USER-GENERATED CONTENT POSTED BY USERS, OR FOR GOODS/SERVICES PROVIDED BY THIRD PARTIES OR OTHER USERS (EVEN IF ACCESSED THROUGH OUR SITE) TO WHICH THE USER HAS and
(3) in cases expressly provided for by the terms of this Agreement or a rule of applicable law.
11.2 Our liability for anything related to your use of the Site and/or Services is limited to the extent permitted by applicable law.
12. DISPUTE RESOLUTION PROCEDURE
12.1 In case of any disputes or disagreements related to the execution of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. If the disputes are not resolved through negotiations, the disputes shall be resolved in accordance with the procedure established by the current legislation of the Russian Federation.
13. FINAL PROVISIONS
13.1 This Agreement shall become effective upon posting on the Website (at the following link: https://toncoder.com/user-agreement/) and shall remain in effect for an indefinite period of time.
13.2 We may from time to time revise, supplement or amend the terms of this Agreement. Such changes are generally not retrospective. THE COMPANY DOES NOT ASSUME ANY OBLIGATION TO NOTIFY USERS OF ANY FORTHCOMING OR PAST CHANGES TO THE TEXT OF THE AGREEMENT. By adhering to the terms of this Agreement, the User also undertakes to periodically review the terms of this Agreement for changes or modifications.
If the User continues to use the Website after the changes or additions in the text of the Agreement, it means that the User is familiarized with the changes or additions and accepted them in full without any objections.
13.3 Unless otherwise is expressly stated in the provisions of this Agreement or directly arising from the norms of the current legislation, the substantive law of the Russian Federation shall apply to the terms of this Agreement.
13.4. If one or more terms of this Agreement has lost its legal force or is recognized as invalid under the current legislation, the remaining terms of the Agreement shall not lose their force and shall continue to operate as if the recognized invalid or invalidated term did not exist at all.
13.5 Access to the Site and its Services is provided to the User “as is”, We do not promise, guarantee, or imply that the Services and the Site may or may not meet your needs, goals, expectations, and therefore do not guarantee any specific result or consequence as a result of your use of the Site and its Services.
