TERMS OF USE
1. DEFINITIONS
In the text of this Agreement, the following terms have the following meanings:
"Company," "We," "Our," "Us," or any other similar derivatives (depending on the context) refers to the following entity: Koshares Nikolay Sergeevich, address: Russia, Moscow, Znamenskiye Sadki St., 3, bldg. 1 (including its branches and representative offices both within the territory of the Russian Federation and beyond, as well as any other entities formed as a result of the reorganization of the Company), which is the owner of the Application or manages it.
"Application Content" means all objects posted by the Company and/or third parties (with the Company's permission) within the Application, including design elements, text, graphics, illustrations, virtual objects, video, programs, music, sounds, information, notifications, and any other similar objects, their compilations, or combinations.
"Updates" means a software patch or package for the Application that is periodically released by the Company, offered for free download by Users who are already using the Application, and aimed at fixing non-functioning features of the Application, resolving bugs in the Application, or implementing small software components to enhance security and compatibility of the Application with devices.
"Platform" means the cloud platform on which the Company has placed the Application for subsequent downloading by Users. The Application is available for download from the App Store and Google Play.
"Application Software" means the software developed by the Company (and/or third parties commissioned by the Company) for the Application, including, but not limited to, all software, scripts, codes (HTML codes), programs, etc.
"User," "You," "Your," "Yours," or any other similar derivatives (depending on the context) refers to a person who (1) uses the Application and has accessed the Services; and (2) has agreed to comply with the rules of using the Application as set forth in this Agreement by checking a special checkbox when opening the Application.
"User Content" means (1) all user-generated posts made by the User within the Application, including, but not limited to, comments, ratings, reviews, reports, feedback, posted videos, photos, music, and other media files, likes, ratings, and/or any other forms of activity available to the User, as well as (2) any other content created by the User.
"Application" means the following application: Photoplanet, which the User downloads through the Platform onto a smartphone or other device.
"Services" collectively refer to the Application Content and Application Software.
"In-app Purchase" means the User's acquisition, for a fee, of additional features and/or functionality for the Application and/or the purchase of any virtual goods/services within the Application.
2. AGREEMENT ACCEPTANCE
General Provisions
2.1. This User Agreement (hereinafter referred to as the "Agreement") defines the rules and procedures for using the Application, the rights and obligations of Users, and regulates the conduct of Users when accessing the Application and Services.
2.2. The User accepts the terms of this Agreement by checking a special checkbox in the designated field when downloading the Application onto a smartphone or other device.
2.3. This Agreement is binding on its parties (i.e., the Company and the User). The User may assign their rights under this Agreement only after obtaining prior written consent from the Company.
2.4. If you are the legal representative (parent, guardian) of a minor User, in that case, you automatically agree, on your own behalf and on behalf of such minor User, to the terms of this Agreement.
Warning for Users
2.5. If the User accesses the Application and/or its Services through a Platform or social networks, in that case, the User is automatically deemed to have accepted the terms of the user agreement of that Platform or social network.
2.6. If you have not reached the age of majority in the jurisdiction in which you reside or from which you are accessing the application, you are not permitted to use the Application.
By registering for the Application, you represent and warrant to the Company that:
You are at least 18 years old or the age of majority in your country, province, or state;
You know and understand that the materials contained in the Application may include explicit visual and/or textual depictions of nudity; that you are familiar with such materials; and that you are not offended by such materials.
2.7. The User is solely responsible for checking and ensuring the compatibility of the installed Application with the technical specifications/capabilities of their smartphone or other device, and/or any other limitations that may apply to the User and/or their smartphone or other device by third parties, including the Internet service provider.
3. APPLICATION USERS
General Criteria and Age
3.1. To use the Application, Users must meet the following criteria (in combination):
(1) be at least 3 years old; and
(2) not be restricted from accessing the Application and Services based on a legally binding court decision or in cases provided for by applicable legislation or the terms of this Agreement.
Creating a Personal Account
3.2. Users are required to create their own personal account to access the Services. Using the Services without registration (i.e., creating a personal account) is not possible. Upon completing the registration process, the User receives a unique login and password to access their personal account.
3.3. To create a personal account, Users need to provide the following information about themselves: email address.
4. INTELLECTUAL PROPERTY
User License
4.1. The User is granted a non-exclusive, non-transferable, and non-sublicensable license for personal (non-commercial) use only of the Services (hereinafter referred to as the "User License"). The User undertakes not to use the Services for any other purposes. The User is granted the User License only on the condition of compliance with ALL the terms of this Agreement.
4.2. The User License automatically terminates upon the removal of the Application from the User's smartphone or other device. Nothing in this Agreement should be construed as granting the User any other license to use the intellectual property owned by or in the possession of the Company, except as provided above.
Company's Intellectual Property
4.3. The Company owns all proprietary rights, including intellectual property rights, to all Content of the Application, as well as the Application software (hereinafter referred to as the "Application Software"). The Application Software and Content are protected by copyright laws in accordance with the current civil legislation of the Russian Federation, as well as international treaties and conventions on the protection of intellectual property.
4.4. Users are prohibited from copying, reproducing, modifying, compiling, distributing, displaying in any form, publishing, downloading, transmitting, selling (in whole or in part), transferring, sublicensing, distributing, or using the Content of the Application and Application Software in any way, whether for a fee or free of charge, unless such actions are EXPRESSLY permitted by the terms of this Agreement or applicable Russian legislation.
4.5. Nothing in this Agreement shall be construed as granting the User any exclusive rights to the Content of the Application (in whole or in part) and/or the Application Software.
5. APPLICATION USAGE PROCEDURE
General Provisions
5.1. The User undertakes to comply with the following rules when using the Application:
(1) To fulfill all obligations assumed by the User in connection with joining this Agreement; and
(2) To provide accurate personal information for creating a personal account (cabinet); and
(3) Not to impersonate any other person, including but not limited to providing any data of third parties (without obtaining their direct, prior, and informed consent) for creating a personal account (cabinet); and
(4) To inform the Company about the theft of login credentials, passwords, or any other access keys of the User's personal account (cabinet); and
(5) Not to provide third parties with access to their account (cabinet) and/or login credentials, passwords, or other access keys; and
(6) Not to upload, store, publish, distribute, post, advertise, send, provide access to, or otherwise use User Content that (a) contains threats, discredits, offends, or impairs the honor, dignity, or business reputation or violates the privacy of other Users or third parties; and (b) is spam, bullying, vulgar, or indecent, contains pornographic images and texts, sexual scenes involving minors, or scenes of violence, including sexual violence against people or animals; and (c) contains any form of incitement to suicide and/or propagates or contributes to incitement of racial, religious, or ethnic hatred or enmity, propagates fascism or ideology of racial superiority, or contains extremist materials; and (d) advocates the violation of rights or lawful interests of other Users or third parties, or advocates crime or contains advice/guidance/instructions on its commission; and (e) violates other rules of this Agreement or is prohibited by applicable law; and
(7) Not to perform any actions (using automation tools or otherwise) aimed at collecting any personal data of other Users; and
(8) Not to take any actions and not to assist third parties in actions aimed at undermining the operation of the Application and/or Services, including but not limited to (a) uploading viruses or malicious code; (b) performing actions that may lead to the disabling of the Application and/or Services, the disruption of the normal operation of the Application or its software, or the deterioration of the appearance of the Application and/or Application Content.
(9) Not to undertake any other actions that are unlawful, fraudulent, discriminatory, or misleading.
Users' Rights to Posted Content
5.2. The User-generated content created by you is an object of intellectual property protected by applicable law. Therefore, the Company does not claim or require you to grant it any ownership rights to your User-generated content. Nothing in the text of this Agreement shall be construed as depriving the User of their rights to the User-generated content or limiting them in any way.
5.3. However, by providing the Company with your User-generated content, you grant the Company a non-exclusive, royalty-free, worldwide license (hereinafter referred to as the "License") with the right to transfer and sublicense for the storage, use, distribution, modification, launching, copying, public performance or display, translation of your User-generated content, and the creation of derivative works based on it.
5.4. The License automatically terminates upon the deletion of your personal account (cabinet) or the removal of the Application from your smartphone or any other device.
5.5. The Company undertakes all possible actions to promptly delete your User-generated content upon the occurrence of circumstances leading to the termination of the License, except in the following cases: (1) when other Users have used part of your User-generated content (based on the previously granted License, in which case your User-generated content will remain accessible to other Users until they delete it); or (2) when the User-generated content posted by you is evidence of any violation, offense, or crime in criminal, administrative, or civil proceedings, or its subsequent storage is required based on the requirements of applicable law or a request from a competent government authority; or (3) in other cases specified in this Agreement.
Requirement for User Content
5.6. Users are prohibited from uploading any User-generated content that may belong to third parties or for which the necessary rights to use have not been adequately granted to such User. By agreeing to this, the User undertakes to indemnify the Company for ALL DAMAGES AND LEGAL EXPENSES incurred by the Company in connection with claims brought by third parties alleging that the published User content violates the intellectual property rights of such third parties.
5.7. Users are advised against uploading any User-generated content that may contain confidential or personal information. The Company considers all User-generated content to be non-confidential and assumes no obligation to protect it from disclosure or third-party interference.
5.8. The Company does not review and cannot review all materials posted by Users as part of their User-generated content. Therefore, the Company is not responsible for the content of such User-generated content, its use, and/or its impact on third parties or other Users. The management or ownership of the Application does not imply that the Company endorses, supports, guarantees, distributes, and/or believes in the information posted as part of the User-generated content. The User is responsible for their own protection and the protection of their device against viruses and other malicious software. The Company assumes no responsibility for any harm caused as a result of using the Application, its Services, and/or User-generated content (including its upload).
5.9. The Company has the right at any time to check User-generated content for compliance with the requirements of this Agreement or applicable law. However, nothing in this Agreement should be construed as the Company's direct obligation to independently verify User-generated content unless requested by other Users or third parties.
5.10. If you encounter User-generated content that violates the terms of this Agreement or the lawful rights and interests of Users or third parties, you can file a complaint in the following way:
Send a letter to the following address: social@photoplanet.pro
5.11. If it is found that User-generated content violates the terms of this Agreement or provisions of applicable law, the Company has the right, at its sole discretion, at any time, without prior notice to the User and without assuming any future liability, to delete such User-generated content entirely. In case of repeated violations, the Company may also delete your personal account (cabinet).
Application reviews
5.12. Each User has the right (but not the obligation) to leave or submit their ideas, feedback, suggestions, or projects aimed at improving the performance of the Application or the quality of the provided Services. Such reviews can be submitted by the User in the following way:
Send a letter to the following address: social@photoplanet.pro
5.13. By submitting such an idea, feedback, suggestion, or project, the User automatically grants us a non-exclusive, royalty-free, worldwide license with the right to transfer and sublicense for the storage, use, distribution, modification, launching, copying, public performance or display, translation of your ideas, feedback, suggestions, or projects, and the creation of derivative works based on them.
5.14. Any such information provided to the Company is automatically considered non-confidential.
6. ADVERTISING PLACEMENT IN THE APPLICATION
Advertising placement by the Company
6.1. The Company has the right to periodically place any advertising or marketing materials.
Advertising placement by third parties
6.2. The Application content may contain links to third-party websites and/or advertising or marketing materials about products/services provided by such third parties (hereinafter "Third-Party Advertising"). The Company assumes no responsibility (1) for the content of third-party advertising, as well as the availability, quality, and safety of the promoted products/services in such advertising; and (2) for any losses or damages incurred by or caused to the User as a result of their reading of such advertising or the use of products/services promoted by third parties in the advertising.
6.3. In the event of navigating to another website through the displayed Third-Party Advertising, the Company cannot guarantee that such a website is safe for the User and/or their computer. Nothing in this Agreement should be construed as an endorsement, encouragement, recommendation, or inducement for the User to use Third-Party Advertising, visit any third-party websites, or attempt to purchase or use any products/services offered by third parties.
6.4. Questions related to the protection of Users' personal data when they interact with Third-Party Advertising are governed by the Application's Privacy Policy.
7. PAYMENT PROCESSING THROUGH THE APPLICATION
7.1. The Application does not provide the ability to purchase any goods/services through it.
8. IN-APP PURCHASES
8.1. The application provides the ability to purchase a subscription.
9. ACCESS TO THE APPLICATION
General provisions
9.1. The Company reserves the right to change or modify the Application's content at any time without specifying a reason, at its sole discretion, and without the need to notify the User. The Company also reserves the right to modify, interrupt, or terminate the operation of all or part of the Application at any time without any additional notice. In connection with the foregoing, the Company assumes no responsibility towards Users or third parties for any changes, modifications, deletions, abolitions, terminations, or interruptions in the operation of the Application.
9.2. The Company does not guarantee that the Application and Services will be continuously available to the User. From time to time, the Company may encounter equipment issues, application software malfunctions, or other problems that may require time to investigate and resolve. Such error correction may result in malfunctions, delays, or errors in the operation of the Application. The Company reserves the right to change, revise, update, suspend, terminate, or otherwise modify the Application at any time or for any reason without prior notice. The User agrees that the Company is not liable for any losses, damages, or inconveniences caused by the User's inability to access or use the Application during downtime or termination of the Application's operation. Nothing in the terms of this Agreement shall be construed as obligating us to maintain uninterrupted and error-free operation of the Application.
Provision of updates
9.3. The Company may, from time to time, provide Updates and offer their installation on the User's smartphone or other device. In this case, the User is solely responsible for installing the Updates and bears full responsibility for any losses, losses, damages, or missed benefits caused by the User's untimely installation of Updates or failure to install them at all, incompatibility of the installed Updates and the smartphone/other device. The Company does not provide any technical support or internet connection to the User for accessing the Services and/or their Updates.
Account Deletion
9.4. The User has the right to delete their account in the Application at any time.
9.5. The User has the right to cease using the Application at any time by deleting it from their smartphone or other device.
9.5. In the event of (1) the User's violation of the terms of this Agreement or where the Company has reasonable grounds to believe such violations have occurred; and/or (2) the violation of intellectual property rights of the Company, other Users, or third parties; and/or (3) actions that are unlawful, infringe upon the rights and interests of the Company, other Users, or third parties, or undermine the operation of the Application or the ability of other Users to use the Application; and/or (4) if the User's use of the Services or the Application may expose the Company to legal liability in the future; and/or (5) if required by applicable laws or competent government authorities, the Company has the right to terminate (suspend) the User's access to the Application and Services by deleting their account at any time without prior notice.
In the event of the circumstances described in the preceding paragraph, the User is prohibited from creating any other accounts in the Application in the future.
9.6. The Company also has the right to delete a User's account due to their inactivity for 365 consecutive calendar days.
9.7. In all cases of account deletion, all data and information posted by the User in the account and/or associated with it will be permanently deleted. The Company assumes no responsibility for the deletion of such data and information, as well as for any harm, damage, losses, or missed benefits caused to the User by such deletion and/or the lack of access to the Services as a whole.
10. Ask a Question
10.1. If you have any questions regarding the terms of this Agreement or the procedures/methods for their implementation, you can address your question to us using the following method:
Send a letter to the following address: info@photoplanet.pro
10.2. The employees and representatives of the Company undertake to make every effort to respond to your inquiry within a reasonable period of time.
11. RESPONSIBILITY
11.1. Under no circumstances shall the company or its representatives be held liable to the user or any third parties for:
(1) any indirect, incidental, consequential damages, including loss of profit or data, damage to reputation, honor, or business reputation, caused by the use of the application, services, or other materials accessed by the user or other individuals through the application, even if the company has been advised of the possibility of such damages; and
(2) actions of other users, user-generated content posted by users, goods/services provided by third parties or other users (even if accessed through our application) to which the user has gained access; and
(3) cases explicitly provided for by the terms of this Agreement or the provisions of applicable law.
11.2. Our liability for anything related to the use of the Application and/or Services is limited to the extent permitted by applicable law.
12. DISPUTE RESOLUTION
12.1. In the event of any disputes or disagreements related to the performance of this Agreement, the User and the Company shall 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 applicable legislation of the Russian Federation.
13. CONCLUDING PROVISIONS
13.1. We may revise, supplement, or modify the terms of this Agreement from time to time. Such changes are generally not retrospective. In the event of such revision, supplementation, or modification, the Company undertakes to notify Users 3 calendar days prior to the effective date of such changes by publishing relevant information directly in the Application.
If, after the implemented changes or additions to the text of the Agreement, the User continues to use the Application, it means that they have familiarized themselves with the changes or additions and fully accept them without any objections.
13.2. Unless otherwise expressly stated in the provisions of this Agreement or directly implied by the applicable legislation, the substantive law of the Russian Federation applies to the terms of this Agreement.
13.3. The Privacy Policy of the application is an integral part of this Agreement.
13.4. If one or more provisions of this Agreement become invalid or unenforceable according to applicable law, the remaining provisions of the Agreement shall remain in force and continue to be effective as if the invalidated or unenforceable provision(s) did not exist.
13.5. Access to the Application and its Services is provided to the User "as is". We do not promise, guarantee, or imply that the Services and the Application 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 Application and its Services.