This Agreement is concluded between De Novo Group LLC (hereinafter referred to as "Owner") and any person who, after accepting the terms and conditions of this Agreement, becomes a user of the website located on the Internet at https://denovogroup.ru (hereinafter referred to as "Website"), hereinafter referred to as "User", together referred to as "Parties" and individually as "Party". In accordance with Article 435 of the Civil Code of the Russian Federation, this User Agreement is recognized as an offer. In accordance with Article 438 of the Civil Code of the Russian Federation, registration on the Website shall be considered as unconditional acceptance of the terms of this Agreement. This Agreement, concluded by acceptance of this offer, does not require bilateral signature and is valid in electronic form.
1. Terms and definitions used in the Agreement
The following words and expressions shall have the meanings indicated below, unless otherwise expressly implied in the text of the Agreement:
1.1. A website is a collection of computer hardware and software that publishes data and information for public access that is shared by users for the purpose of connecting computers via the Internet. The site is located on the Internet at: https://denovogroup.ru.
1.2. The Administrator/Owner of the Website is De Novo Group Limited Liability Company, located at the following address: Office 59, Bld. 7, Kashirskoye Shosse, Domodedovo, Moscow Region, 142000.
1.3. The Site Content refers to all items posted on the website, including collections of items and design components as well as text, images, pictures, videos, scripts, programs, music, and sounds. The Website Owner is the owner of exclusive rights to use the Site, including all content of the Site.
1.4. User is a user of the Internet, in particular the Site, who has his/her personal page (profile/account).
1.5. Profile/Account (Profile) is the User's personal page on the Website, available to all Users of the Website.
1.6. Account Information is a unique User name (login) and password for entering the Site, specified by the User when registering on the Site.
1.7. Moderation is a review by the Website Owner of the information posted (or planned to be posted - Premoderation) on the Website by the User for its compliance with the provisions of this Agreement.
2. Subject of the Agreement
2.1. The Website Owner renders services to the User upon granting access to the services of the Site; thus, the obligatory condition of rendering services by the Website Owner of services according to the present Agreement is acceptance, observance by the User, and application to relations of the Parties of requirements and provisions defined by the present Agreement.
2.2. The Website Owner reserves the right to change the terms and conditions of this Agreement and all its integral parts without agreement with the User with notification of the latter by posting a new edition of the Agreement on the Site or any integral part thereof that has undergone changes. Taking into account that information mailing may be recognized by the Parties as spam, the User undertakes to familiarize himself/herself with the content of the Agreement posted on the Website at least once a month for the purpose of timely familiarization with its changes. The new edition of the Agreement and/or any integral part thereof shall become effective from the moment of its publication on the Site, unless another term of changes coming into force is determined by the Website Owner at the time of its publication. The current version of the Agreement and all annexes thereto is always publicly available on the Website at: https://denovogroup.ru.
3. Rights and obligations of the Website Owner
3.1. The Website Owner undertakes to:
3.1.1. Provide the User with the services specified in clause 2.1 of this Agreement. Access to the Site is provided by assigning the User Account information within one (1) business day from the date of registration of the latter at https://denovogroup.ru.
3.1.2. Provide the User with an opportunity to independently publish information about himself/herself.
3.1.3. Not to disclose the User's Account information to third parties
3.1.4. Ensure round-the-clock availability of the server on which the Site is located, except for the time of preventive maintenance.
3.2. The Website Owner has the right to:
3.2.1. If the User violates the terms of the Agreement, send the User a warning containing a list of violations. In case the User fails to eliminate violations within one day from the moment of sending him/her a notice or repeatedly violates the specified terms or other conditions, the Website Owner has the right to unilaterally refuse to execute the Agreement, block the Users access to the User's Profile and cancel the User's Profile.
3.2.2. To carry out Moderation in cases where the information posted by the User promotes hatred and/or discrimination against people on racial, ethnic, gender, religious, or social grounds; promotes the use of drugs and other means harmful to health; calls for inhumane treatment of animals; violates the rights of national and other minorities; contains calls for violent actions; and violates the rights of authors and other owners of intellectual rights.
3.2.3. Dispose of statistical information related to the functioning of the Site, as well as information of Users to ensure targeted display of advertising information to different audiences of Users of the Site.
3.2.4. To send the User information about the development of the Website and its services; to send sms-messages to inform about activation codes, as well as to conduct surveys on the quality of the Website, provide and request other information through SMS-services, Viber, WhatsApp, Skype and other messengers and e-mail, and to advertise its own activities, services, and products.
4. Rights and obligations of the User
4.1. The User undertakes to:
4.1.1. Before registering on the Site, make sure you understand all of the terms and conditions of this Agreement.
4.1.2. Comply with all terms and conditions of this Agreement and the applicable laws of the Russian Federation.
4.1.3. Do not transfer information about other Users received through the Website to third parties.
4.1.4. Do not share his/her Account information with third parties.
4.1.5. Do not place personal data of other persons on the Site, as well as do not use personal data of other Users or Users in any way that does not comply with the requirements of the legislation of the Russian Federation, for illegal or unlawful purposes, for profit, or for any other purposes that do not correspond to the purposes of the creation of the Site.
4.1.6. Do not submit information and objects (including links to them) in the Profile that may violate the rights and interests of other persons.
4.1.7. When registering a User, provide accurate information.
4.1.8. Do not upload, store, publish, or distribute any information that:
contains threats, discredits, insults, discredits honor and dignity or business reputation, or violates the privacy of other Users or third parties; violates the rights of minors; is vulgar or obscene, contains obscene language, contains pornographic images and texts or scenes of a sexual nature involving minors; contains scenes of violence or inhumane treatment of animals; contains a description of the means and methods of suicide, any incitement to commit it; promotes and/or contributes to the incitement of racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority; contains extremist materials; promotes criminal activity or contains advice, instructions or guidelines for committing criminal acts; contains restricted information, including, but not limited to, state and commercial secrets, information about the private life of third parties; contains advertising or describes the attractiveness of using alcohol and/or drugs, including “digital drugs” (sound files that affect the human brain through binaural beats), information about the distribution of drugs, recipes for their manufacture and tips for use; is fraudulent; and also violates other rights and interests of citizens and legal entities or the requirements of the legislation of the Russian Federation.
4.1.9. Do not use software or perform actions aimed at disrupting the normal functioning of the site and its services or the personal pages of Users; do not download, store, publish, distribute, provide access to, or otherwise use viruses, Trojans, and other malicious programs; and do not use, without the special permission of the Website Owner, automated scripts (programs) to collect information on the Site and (or) interact with the Site and its services.
4.1.10. Do not attempt to gain access to another User's login and password, including but not limited to cheating, hacking other Users' Profiles, or otherwise.
4.2. The user is forbidden to:
4.2.1. Carry out illegal collection and processing of personal data of other Users.
4.2.2. To access any services in any way other than through the interface provided by the Website Owner, unless such actions were expressly authorized to the User in accordance with a separate agreement with the Website Owner.
4.2.3. Reproduce, duplicate, copy, sell, trade, and resell services for any purpose, unless such actions have been expressly authorized by the User under the terms of a separate agreement with the Site Owner.
4.2.4. To place commercial and political advertising outside the special sections of the Website established by the Website Owner.
4.2.5. To place any information that, in the opinion of the Website Owner, is undesirable, infringes upon the interests of Users or for other reasons, is undesirable for placement on the Website.
4.3. The User has the right to:
4.3.1. 24-hour access to the server on which the Site is located, except for the time of preventive maintenance.
4.3.2. Independently edit the information previously posted about himself/herself on the Website.
4.3.3. Contact the support service of the Website Owner to block his or her Profile.
4.3.4. Delete his/her account by sending such an application to the Website Owner's e-mail address: firstname.lastname@example.org.
4.4. The User agrees that by accessing the Site and using its content, he or she:
4.4.1. Expresses its unconditional consent to all terms and conditions of this Agreement and undertakes to comply with them or cease using the Site.
4.4.2. Receives a personal non-exclusive and non-transferable right to use the content of the Site on one computer, provided that neither the User nor any other persons with the assistance of the User will not copy or modify the software; create programs derived from the software; penetrate the software in order to obtain program codes; sell, assign, lease, or transfer to third parties any other form of rights in relation to the software services provided by the Site.
5. Consent to the processing of personal data
5.1. In order to implement this Agreement, the User by ticking the checkbox against the text "I give my consent to the processing of my personal data" and/or by clicking on the button to submit the completed form on the website gives the Website Owner consent to the processing of personal data (collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer, depersonalization, blocking and destruction) with/without using automation tools in order to process this electronic application and to send/provide a reply/call. The procedure for the use, storage, processing, and distribution of the User's personal data is posted on the Website at https://denovogroup.ru. The User agrees to transfer personal and other data to third parties, including for the purposes of their processing, to ensure the functioning of the Site, the implementation of partnerships, and other programs, provided that the transferred data are treated similarly to the Site, including, but not limited to the transfer of personal data to persons who have entered into contracts with them, as well as to third parties in cases where such transfer is necessary for the User's use of a certain service or for the execution of certain programs. Personal data shall be processed in accordance with the personal data protection and processing policy of De Novo Group LLC.
5.2. The consent may be withdrawn by the personal data subject or his or her representative by sending a written application to the Operator at the address of his or her location (see the preamble of the consent) or via e-mail to email@example.com.
6. User Registration
6.1. In order to use the services provided by the Website Owner under this Agreement, the User shall undergo a mandatory registration procedure on the Website at https://denovogroup.ru. User Registration on the Website is free of charge, voluntary.
6.2. When registering on the Site, the User is obliged to provide the Website Owner with the necessary reliable and up-to-date information for the formation of the Profile, including the login (e-mail address) and password for access to the Site unique to each User, including their surname and first name. The registration form of the Site may request additional information from the User.
6.3. After providing the information specified in paragraph 6.2 of this Agreement, the User shall confirm registration by expressing his/her desire by clicking on the registration confirmation link in the message sent to the e-mail specified by him or her.
6.4. Upon completion of the registration process, the User becomes the owner of the User Account, which means that the User is responsible for the security of the User Account and for anything done on the Site under the User Account. The User shall immediately notify the Website Owner of any case of unauthorized access to the Site, i.e. made by a third party without the consent and knowledge of the User and/or any breach of security of the User's Account information. The Website Owner is not responsible for possible loss or damage of data, which may occur due to violation of the provisions of this paragraph of the Agreement by the User.
6.5. To start working with the Site, the User shall enter his or her Account information in the corresponding section of the Site.
6.6. Unless proven otherwise by the User, any actions performed using their login and password shall be deemed to have been performed by the User concerned. In case of unauthorized access to the login and password and/or the User's Profile or distribution of the login and password, the User shall immediately notify the Website Owner in accordance with the established procedure.
7. Liability of the Parties
7.1. The User shall independently determine the list of tools for organizational and software (for computers) to keep its Account Information secret and provide authorized access to it. The Website Owner shall not be liable for any losses incurred by the User as a result of disclosure of the User's Account information to third parties, which occurred through no fault of the Website Owner. If any person other than the User authorizes on the Site using the User's Account Information, all actions performed by such person will be deemed to have been performed by that User. The User is solely responsible for all actions performed by him or her on the Site, as well as for all actions performed on the Site by any other person using the User's Account information.
7.2. The Website Owner does not warrant that the Site software is free of bugs and/or computer viruses or extraneous code fragments. The Website Site provides the User with the opportunity to use the software of the Site "as it is", without any guarantees on the part of the Website Owner.
7.3. The Website Owner shall not be liable for the losses caused to the User as a result of communication by another User of inaccurate information, as well as caused by the actions (inaction) of another User. The Website Owner does not guarantee that the information contained in the User Profiles is true and complete.
7.4. The Website Owner makes every possible effort to ensure the normal operation of the Site, but is not responsible for failure to fulfill or improper fulfillment of obligations under the Agreement, as well as possible losses arising, including, but not limited to, as a result of:
unlawful actions of Users aimed at violating information security or proper functioning of the Site; failures in the operation of the Site caused by errors in the code, computer viruses and other extraneous code fragments in the Site software; absence (impossibility of establishing, terminating, etc.) Internet connections between the User’s server and the Site’s server; carrying out activities by state and municipal bodies, as well as other organizations, within the framework of the System of Operational Investigative Activities; establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or establishment by these entities of one-time restrictions that complicate or make impossible the execution of the Agreement; other cases related to actions (inaction) of Users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment that existed at the time of conclusion of the Agreement, as well as any other actions aimed at the Site and third parties; performing the work specified in clauses 7.5 and 7.6 of this Agreement.
7.5. The Website Owner has the right to perform preventive maintenance in the hardware and software complex of the Website with temporary suspension of the Website if possible at night and minimizing the time of non-operation of the Website, notifying the User about it, if technically possible.
7.6. In cases of force majeure circumstances, as well as accidents or failures in software and hardware systems of third parties cooperating with the Website Owner, or actions (inaction) of third parties aimed at suspension or termination of the Website operation, the Website operation may be suspended without prior notice to the User.
7.7. The Website Owner shall not be liable for the User's violation of these Rules and reserves the right, at its own discretion, as well as upon receipt of information from other users or third parties about the User's violation of these Rules to change (moderate) or delete any information published by the User that violates the prohibitions established by these Rules (including personal messages), to suspend, limit, or terminate the User's access to all or any of the sections or services of the Site in any case. The Website Owner reserves the right to delete the User's Profile and/or suspend, limit, or terminate the User's access to any of the Website's services if it finds that, in its opinion, the User poses a threat to the Website and/or its Users. The Website Owner shall not be liable for temporary blocking or deletion of information or deletion of the personal page (termination of registration) of the User carried out in accordance with these Rules. Deletion of the User's Profile means automatic deletion of all information posted on it, as well as all information about the User entered during registration on the Site. After deleting the personal page, the User loses access rights to the Site.
7.8. Neither Party shall be liable for full or partial failure to perform any of its obligations if the failure is due to circumstances such as flood, fire, earthquake, other natural disasters, war or hostilities, or other force majeure circumstances arising after the conclusion of the Agreement and beyond the control of the Parties.
8. Dispute Resolution and Claims Settlement Procedure
8.1. In case of disputes between the User and the Website Owner on issues related to the execution of the Agreement, the Parties will take all measures to resolve them through negotiations between themselves. The claim procedure for dispute resolution is mandatory. Claims of Users on the provided Services are accepted and considered by the Website Owner only in writing and in the manner prescribed by this Agreement and the current legislation of the Russian Federation.
8.2. To resolve disputes arising between the User and the Website Owner as a result of the use of services, the following claim procedure shall apply. The User, who considers that his/her rights are violated because of the actions of the Website Owner, sends a claim to the latter, containing the essence of the claim, the justification of its presentation, as well as all the data of the User. A claim shall also be submitted to the Website Owner in writing by mail or fax.
Within five (5) working days from the date of receipt of the claim, the Website Owner is liable to state its position on the principal issues specified in it and send its response to the e-mail address or postal address specified in the User's claim.
In the event of failure to reach a dispute resolution through the claim procedure, the dispute shall be considered in accordance with clause 8.4 of the Agreement.
The Website Owner does not consider anonymous claims, claims that do not allow the User to identify the User on the basis of the data provided by the User during registration, or claims that do not contain the data specified in this paragraph of this Agreement.
8.3. To resolve technical issues in determining the guilt of the User as a result of his illegal actions when using the Internet and the Site, in particular, the Website Owner has the right to independently engage competent organizations as experts. In case the User's guilt is established, the latter is obliged to reimburse the costs of expert assessment.
8.4. In case of failure to reach an agreement between the Parties through negotiations, the dispute arising from this Agreement shall be subject to consideration in a court of general jurisdiction at the location of the Website Owner.
9. Other terms and conditions
9.1. This Agreement shall come into force from the moment of acceptance of this offer by the User and shall be concluded for an indefinite period of time.
9.2. This Agreement is an offer, and by virtue of the current civil legislation of the Russian Federation, the Website Owner has the right to withdraw the offer in accordance with Article 436 of the Civil Code of the Russian Federation. If this agreement is revoked by the Website Owner, this agreement shall be deemed terminated as of the date of revocation. Revocation shall be carried out by posting the relevant information on the Website.
9.3. The provisions of this Agreement shall be established, amended and canceled by the Website Owner unilaterally without prior notice. From the moment a new version of the Agreement is posted on the Website, the previous version shall be deemed null and void. In case of a material change in the provisions of this Agreement, the Website Owner shall notify the Users thereof by posting a corresponding message on the Website.
9.4. Issues not settled by this Agreement shall be resolved in accordance with the laws of the Russian Federation.
10.1. The User agrees to receive informational electronic messages (hereinafter referred to as "messages") from the Licensor to the e-mail address and/or subscriber phone number specified by him/her when using the Service.
10.2. The Licensor has the right to use messages to inform the User about changes and new features of the Service, about changes to the Agreement or the Binding Documents specified in it, as well as for mailings of an informational or advertising nature.