TERMS OF USE

Last Updated: 27.10.2020

Actual Terms of use regulates a relations between an Administration of the “Avatan – social photo editor” Photo edior (here and after – “Photo edior”) and a User Including the procedure and conditions for the use of the Photo edior and intellectual property objects which Photo edior contains. Actual Terms of use is a public offer based on 437 of the Civil Code of the Russian Federation.

1. Terms used

1.1 Photo edior - available to users at http://avatan.ru and also as an application in the appstore and google play on the Internet, a set of the following protected results of intellectual activity:
a) A computer program which allows User to create personal pages, to search an information about other Users, browse their personal pages, send private messages to other Users, to place, copy and download photos and other content, to use other functions;
b) A database (a totality of an information and a content placed by Administration of Photo edior and Users, including a content from Users personal pages;
c) Computer programs (applications) or its elements, placed in the Photo edior by Administration or by third parties with Administration’s permission, which could be used by Users additionally to Photo edior main functions and created for an entertainment, education and other purposes;
d) Other intellectual property objects.
1.2 An Administration – Individual entrepreneur Ilyaev Leonid Lvovich (State registration code 312774610900398) and individuals authorized by Individual entrepreneur Ilyaev Leonid Lvovich, who provides functioning and service of the Photo edior.
1.3 A User – an individual who is a member of the Photo edior and get a right to use the Photo edior on the grounds of this Agreement.
1.4 A Content – works of science, literature and art, including photos, graphic images, design elements, texts, videos, sound recordings and other results of intellectual activity and any other objects.

2. Terms of use status, conditions and order of its adoption.

2.1 Actual Terms of use is a legally binding agreement between a User and an Administration. The subject of the agreement is the provision by the Administration of the Social User of services for using the functionality of the Photo edior and its services.
2.2. In addition to this Terms of use, the rules for the Users' use of the Photo edior may be contained in special documents regulating the provision of separate services of the Photo edior.
2.3. The user is required to fully read this Terms of use before start using the Photo edior
2.4 User’s registration means full acceptance of the Terms of use in accordance with art. 435 and 438 of Russian Federation Civil Code.
2.5 Actual using of the Photo edior without registration, browsing images or personal pages of other Users also means full acceptance of the Terms of use
2.6 Actual Terms of use could be changed by the Administration unilaterally without notification of Users, but subject to the posting of a new version of the Terms of use in public access for Users to familiarize with.
2.7 Continuation of using the Photo edior by User means full acceptance of a new version of the Terms of use.

3. Registration and authorization of the User on the Photo edior

3.1. Registration of the User in the Photo edior is voluntary.
3.2. The user is responsible for the accuracy, timeliness, completeness and compliance with the legislation of the Russian Federation of the information provided by registration.
3.3. The User warrants that he has all the necessary powers to enter into this Terms of use. In case the User has not reached the age of majority or has become completely incapacitated due to the occurrence of the circumstances provided for by the current legislation, he must independently obtain the necessary permission in the form required by law from his parents or other legal representatives.
3.4. The login and password assigned by the User or assigned by the system are necessary and sufficient information for the User to access the Photo edior.
3.5. The user does not have the right to transfer his login and password to third parties and is fully responsible for their safety.
3.6. Any actions performed with the use of the User's login and password are deemed committed by the relevant User, unless otherwise proven in the established order.
3.7. In case of compromising the login and / or password or unauthorized access to the User's personal page or login and / or password, the User is obliged to immediately notify the Administration of the Social Network about this.

4. Rights and obligations of the User

4.1. The user has the right:
4.1.1. Use for personal non-commercial purposes the content of his own personal page and Content placed on the Photo edior;
4.1.2. Conscientiously use the functionality of the Photo edior and applications;
4.1.3. Customize his personal page;
4.1.4. To carry out other actions related to the use of the Social Network, not prohibited by the laws of the Russian Federation or this Terms of use.
4.2. The User is obliged:
4.2.1. To observe the norms of the current legislation of the Russian Federation;
4.2.2. To observe provisions of this Terms of use and other special documents of the Administration posted in public access;
4.2.3. To provide reliable information when registering on the Photo edior;
4.2.4. Use the functionality of the Photo edior for personal purposes, not related to the commercial activities of citizens and organizations;
4.2.5. Follow the instructions of the Administration on the use of the Photo edior functionality;
4.2.6. At the request of the Administration, in connection with the execution of this Terms of use, to provide the name, first name, patronymic and other data;
4.2.7. Before placing any information and any objects in the Social Network (in particular, images of other persons, texts of someone else's authorship, visual and audiovisual works), preliminary assess the legality of their placement;
4.2.8. Do not place on your personal page any information and any objects (including links to them) that may violate the rights of others;
4.2.9. Do not post photographs on which other persons are imprinted in addition to the User, without their prior consent, except in cases where, in accordance with Article 152.1. The Civil Code of the Russian Federation does not require such consent;
4.2.10. Periodically get acquainted with the contents of this User Agreement on the Internet and follow the changes made to it;
4.2.11. To comply with other requirements and fulfill other obligations provided for by this Terms of use and other special documents of the Administration placed in public access.
4.2.11. To comply with other requirements and fulfill other obligations provided for by this Terms of use and other special documents of the Administration placed in public access.

5. Restrictions on the use of the Photo edior

When using the Photo edior functionality, the User is prohibited from:
5.1. Upload, post, store, reproduce, process, distribute, publish in the Photo edior, communicate to the public or otherwise use in whole or in part any intellectual property objects, without the prior written permission of the rightholders, except as provided by applicable law of the Russian Federation;
5.2. Carry out propaganda that incites social, racial, national or religious hatred and enmity, propaganda of war, social, racial, national, religious or linguistic superiority;
5.3. Place in the Photo edior in the public domain without the prior consent of the Administration, text messages, graphics and other materials that contain advertising;
5.4. To carry out any actions aimed at destabilizing the functioning of the Photo edior, to attempt unauthorized access to the management of the Photo edior;
5.5. Post messages, graphic images and other materials in the Social Network that contain threats or the publication of which inflicts or can damage the honor, dignity and business reputation of a citizen or the business reputation of the organization;
5.6. To make unauthorized access to the accounts of other Users by selecting or entering a password, and to make any attempts at such access; Download, store, publish, distribute or otherwise use viruses and other malicious programs;
5.7. Use the Photo edior for commercial purposes without the prior written permission of the Administration; 5.8. Send spam in any form and by any means;
5.9. Upload, post, store, reproduce, process, distribute, publish on the Photo edior, communicate to the public or otherwise use any information that:
5.9.1. Is obscene, contains pornographic images and / or texts or scenes of a sexual nature involving minors; 5.9.2. Contains scenes of inhuman treatment of animals;
5.9.3. Contains a description of means and methods of suicide, any incitement to commit it;
5.9.4. Contains extremist materials, propagandizes fascism;
5.9.5. Promotes criminal activities or provides advice on the commission of criminal acts;
5.9.6. Contains advertising or describes the attractiveness of drug use, information on the distribution of drugs, recipes for their manufacture and advice on use;
5.9.7. Contains information of limited access, including state, commercial, family secrets;
5.9.8. Is fraudulent;
5.9.9. Violates other rights and interests of citizens and legal entities;
5.9.10. Violates the requirements of the current legislation of the Russian Federation.

6. Personal Information

6.1. The processing of the User's personal data is carried out in accordance with the current legislation of the Russian Federation.
6.2. The Administration of the Photo edior processes the User's personal data for the purpose of executing the concluded agreement - this Terms of use for providing services to the User, for the development of the Photo edior, and for the purpose of receiving personalized advertising by the User.
6.3. Administration of the Photo edior takes all necessary measures to protect the User's personal data.
6.4. The Administration of the Photo edior has the right to disclose the User's personal data only in cases established by the legislation of the Russian Federation (including with a view to preventing and / or suppressing unlawful actions of the User).
6.5. The Administration has the right to send to the User information about the development of the Photo edior, as well as to advertise its own activities and services.

7. Limitation of responsibility of the Administration

7.1. The Administration is not responsible for possible failures and interruptions in the operation of the Photo edior and the loss of the User's information caused by them.
7.2. A Photo edior, including all applications hosted on the Social Network, is provided "as is". Administration does not give any guarantees that the functionality of the Photo edior may or may not be suitable for specific purposes of use. Administration cannot guarantee and does not promise any specific results from using the Photo edior functionality and / or applications hosted on the Social Network.
7.3. The Administration is not liable for any damage to the User's personal computer, mobile devices, other equipment or software related to the use of the Photo edior or sites available through hyperlinks hosted on the Photo edior.
7.4. Administration is not responsible for selecting the password for access to the User's account by third parties and any actions performed by them using the User's account.
7.5. Administration is not responsible for any harm caused by the use of the Photo edior and the materials placed therein.
7.6. Administration is not responsible for any possible harm to the User's health, which may be caused in connection with the use of Social Network applications.
7.7. The user is solely responsible for the unlawful actions carried out with the use of his account, as well as in connection with the placement of Content using his account on the Photo edior.
7.8. The user is solely responsible for any Content or other information that he places on the Photo edior or otherwise makes it public using the Photo edior.
7.9. Hyperlinks to any site, product, service, any information posted on the Photo edior are not an endorsement or recommendation of these products (services) by the Administration. The Administration is not responsible for the harm caused to the User and / or his property as a result of the transition through such hyperlinks.

8. Intellectual property rights

8.1. The placement of any protected object of intellectual property rights in the Photo edior does not entail the termination of the legal protection of intellectual property.
8.2. No protected content can be reproduced, processed, distributed, published, downloaded, transmitted, or otherwise used in whole or in part without the prior written permission of the copyright holder, unless otherwise provided by the current legislation of the Russian Federation.
8.3. The user, posting on the Photo edior the Content, the exclusive right to which belongs to him, gratuitously grants to other users the right to use the Content on the terms of a non-exclusive license in any way, but solely for the purpose of personal non-commercial use and unchanged.
8.4. The User placing the Content on the Photo edior, the exclusive right to which belongs to him, grants the Administration the right to use the Content on a non-refundable basis on the terms of a non-exclusive license in order to provide the Administration with the functioning of the Photo edior in the amount determined by the functionality of the Photo edior.
8.5. The User has no right to post on the Photo edior the Content, exclusive rights to which do not belong to him, without the prior written consent of the copyright holder.
8.6. The content uploaded and posted by the User on the Photo edior is not pre-moderated and not checked by the Administration.
8.7. The Administration takes actions to protect the rights and interests of individuals and to ensure compliance with the requirements of the legislation of the Russian Federation only after the interested person applies to the Administration in accordance with the established procedure.
8.8. The Administration guarantees the prompt removal of illegally posted Content after the right holder's request in the established order.
8.9. The Administration of the Photo edior has the right, but is not obliged to view the Photo edior for the presence of prohibited Content and has the right to remove without any warning and any compensation any Content or Accounts of the Users at its discretion, for any reason or without reason, including the removal of Content that, according to Personal opinion of the Administration, violates the provisions of these Terms of use, the laws of the Russian Federation or may violate the rights of others.
8.10. No provision of these Terms of use gives the User the right to use the company name, trademarks, domain names and other means of individualization, the rights to which belong to the Administration. The right to use the company name, trademarks, domain names and other means of individualization, the rights to which belong to the Administration, can be granted only by a written agreement with the Administration.

9. Final Provisions

9.1. This Terms of use come into force for the User from the time specified in clauses 2.4 and 2.5 of this User Agreement and is valid for an indefinite period.
9.2 These Terms of use are written in Russian and, at the discretion of the Administration, may be provided to the User for familiarization in another language. In case of a discrepancy between the provisions of the Russian version of the Terms of use and the version of the Terms of use in a different language, the provisions of the Russian version of this Privacy Policy apply.
9.3 The invalidity of one or more provisions of this Privacy Policy, recognized in due course by a court decision that has came into force, does not entail the invalidity of this Privacy Policy as a whole
9.4. In case of one or more of the provisions of these Terms of use are recognized invalid in the prescribed manner, the parties to these Terms of use undertake to fulfill their obligations as close as possible to the manner implied by parties when applied these Terms of use.
9.5 All disputes of the parties under these Terms of use shall be resolved through negotiations using a mandatory pre-trial (claim) order. If it is impossible to reach consent between the parties by negotiation within 90 (ninety) calendar days (taking into account the time of mail delivery of correspondence) from the moment of receiving a written claim by the other party, the dispute must be referred by the interested party to the court at the location of the Administration.
9.6. These Terms of use is interpreted in accordance with the applicable laws of the Russian Federation. 9.7. Issues not regulated by these Terms of use shall be resolved in accordance with the applicable laws of the Russian Federation.