1.2. The rightsholder who is granted access to the Profile (hereinafter- the User) shall be considered aсaccepted all terms in full without any exceptions and reservations from the moment of authorization in the Profile as well from the start of using the Profile in full or some of its functions.
2.1 After the signing the Licensee agreement to provision of rights to objects of copyright and (or) related rights, and other objects between the User and the Company (hereinafter – the Licensee agreement), the Company provides to User the access to Profile and creates his account. The User shall receive on his e-mail that specified in the License Agreement a login and password, as well as a link to the Profile on the Internet site for access to the Profile. The User shall carefully read the terms of the Agreement when authorizing by login and password. User’s acceptance of the Agreement terms in full shall be considered from the start of using the Profile by any means.
2.3. The User is not entitled to provide the access to his Profile to third parties that are not parties to the License Agreement, except other agreed under License Agreement, as well as to use the Profile for purposes contrary to the License Agreement.
3.1 The User uploads objects of copyright and (or) related rights, as well as other objects provided in accordance with the terms of the License Agreement (hereinafter referred to as the Content) to the Profile by using its features.
3.2. The Content uploaded to Profile by the User shall not violate the following ZVONKO digital rules and principles of moderating (checking) the Content:
3.2.1. to upload Content that violates the laws of the Russian Federation, as well as other countries legislation on whose territory the Content is distributed, in accordance with the terms of the License Agreement is unacceptable;
3.2.2. to distribute Content that violates moral and ethical standards, incites ethnic hatу, aggressive, hostile, shocking content in relation to any nation and various social groups and individuals it is unacceptable;
3.2.3. to upload the content that violates the exclusive rights to the intellectual property of any third parties is unacceptable;
3.2.4. the content shall be compliant with all technical terms and formats that are requested on the Content upload web page in the Profile, as well shall be compliant with the requirements provided to User by e-mail, if applicable;
3.2.5. other terms determined by the Company about which the User shall be notified by the ZVONKO digital moderation service.
3.3. After loading the User’ Content to the Profile, ZVONKO digital moderation service shall check the content for its compliance with clause 3.2. of this Agreement within 10 (ten) working days from the date of loading in the Profile. The verification status shall be displayed in the Profile and also reported to the User by e-mail by the ZVONKO digital moderation service.
3.4. In case of non-compliance of the Content with clause 3.2. of the Agreement, the User shall receive the notification from the ZVONKO digital moderation service by e-mail, and shall display his status with information about need to change the Profile and explanation of the reason. When the User changes such content and re-uploads the modified Content to the Profile, the ZVONKO digital moderation shall re-check the Content in the manner specified in clause 3.2. of the Agreement.
4.1. the Company
4.1.1. Undertakes to provide the User technical and informational support of the Profile, to notify the User of all changes in the work of Profile in time, as well about the changes in the terms of this Agreement by sending notifications to the User's e-mail;
4.1.2. Has the right to carry out planned technical work for improvement the Profile at any time, with prior notice of the User about this. Also, the Company has to notify the User about unscheduled technical work on the day of its begging.
4.1.3. Has right to request information about the provided Content;
4.1.4. In case of breach this Agreement and the License Agreement, as well as the Company would has reasonable doubt about such beach, the Company has the right to remove the User Content immediately, from the Profile and from the services to where the content is distributed under the License Agreement with subsequent notice within 5 (five) business days.
4.1.5. In case of breach of this Agreement and the License Agreement, as well as the Company would has reasonable doubt about such beach, the Company has the right to immediately delete the User's Profile and (or) restrict its access to the LKPO.
4.2. the User
4.2.1 Has to read and comply with the terms of the Agreement;
4.2.2. Undertakes, if he has the right access to additional Profile (sub-profiles) in accordance with the terms of the License Agreement, not to use such sub-profiles for his own commercial purposes by selling sub-profiles to third parties. The sale of access to the Profile shall be considered, among other things, the availability of any information on the Internet posted on behalf of the User, including on his official and (or) personal pages on social networks and (or) messengers, such as Telegram, WhatsApp and others.
4.2.3. Undertakes not to use malicious software and not to carry out actions with the purpose disrupting the normal functioning of the Profile;
4.2.4. Undertakes not to make actions that may cause an excessive load on the Profile software infrastructure, including making uncoordinated requests for analytics of services work from the Profile with the use of third-party technical features.
4.2.5. Undertakes not to use any form of bots or software when using the Profile, and also not to make any actions aimed at copying, harming and using the Company's program code of the Profile.
4.2.6. Has the right to receive round-the-clock access to the Profile, except cases of technical work provided by the Company, as well to contact the ZVONKO digital moderation service and ZVONKO digital technical support specialists for requesting detailed information about the work of the Profile.
5.1. The Profile and its’s use are provided to the User "as is. ZVONKO digital is not responsible for the compliance of the Profile to the User's purposes and is not responsible for any types of losses that could be occurred as a result of the User's use of the Profile;
5.2. The User by his own forces determines the list of organizational and software tools for confidentiality of his data uploaded to the Profile, and the means for preventing unauthorized access to such data.
5.3. In case the User violates the terms of clauses 4.2.1 - 4.2.5., of the Agreement the Company has the right to restrict access and (or) block access to the Profile for a period of 1 (one) week or longer period, at the discretion of the Company, with prior notification of the User’s breach this Agreement.
5.4. Neither Party shall be liable for the full or partial failure to perform obligations, if the failure would be the result of such circumstances as flood, fire, earthquake, other natural disasters, war or hostilities and other force majeure circumstances (force majeure), arising after the conclusion the Agreement and beyond the control of the Parties.
5.5. In the event of disputes between the User and the Company on issues related to the Agreement, the Parties will take all measures to resolve them through negotiations. Complaint dispute resolution procedure is obligatory. The User's claims shall be considered by the Company within 14 (fourteen) working days from the date of its receipt, also the claim shall be sent to the email address ZVONKO digital email@example.com. In case of disagreement between the Parties through negotiations, the dispute arising from this Agreement is subject to consideration in a court of general jurisdiction at the main place of business of the Company.
6.1. The provisions of this Agreement are established, modified and canceled by ZVONKO digital unilaterally with subsequent notification of the User within 5 (five) working days from the date of such changes. From the moment a new version of the Agreement is posted in the LKPO, the previous version shall be considered no longer in force.