Subject, Scope of Application, Amendments.
1.1 This Madloba Service User Agreement (hereinafter "Agreement") is between Madloba Limited, registered number 2457193, located at 328 Hennessy Road, SNT Tower, 11/F, Block E, Hong Kong, represented by Director Elna Paulette Belle, acting on the basis of the Charter, (hereinafter "Company") offers the Internet user (hereinafter "User") to use the online resource Madloba. Info on computer, mobile device and via mobile application under the terms and conditions set forth in this User Agreement.
1.2 Madloba.Info online resource - an online resource constituting a set of programs and databases located on the Company's servers, executing the Company's program code and providing access to the data about organizations contained in the databases. Madloba online resource is placed on the Internet in the public domain Madloba.info, including all sublevels of the mentioned domains, including those to be put into operation in the future. The subject of the User Agreement is also all services, services, applications, software provided by the Company.
1.3 The use of Madloba online resource and/or its individual modules/functions is regulated by the User Agreement, the License Agreement, the Personal Data Processing and Protection Policy as well as other documents, which are an integral part of the User Agreement and are posted in the footer of the Madloba Company official website. The terms of the User Agreement and the individual documents are legally binding on the User and take effect upon their acceptance by the User in the manner prescribed in section 1.4 of the User Agreement.
1.4 The User has access to the free functionality of the Madloba Online Resource on the terms set out in the License Agreement, and to the paid functionality of the Madloba Online Resource on the terms set out in the Offer Agreement. The free functionality of the site is available as a limited set of modules and a database providing the ability to post and edit information about the User's organization. Paid functionality is a developed toolkit, which is necessary to automate processes and provides the functionality necessary to conduct activities related to working with clients and (or) potential clients, as well as to process the database.
1.5 By starting to use the Madloba Online Resource and/or its individual modules/functions (browsing pages, writing feedback, registration and other actions) the User is considered to accept the terms of the User Agreement in full without any reservations or exceptions. In case of the User's disagreement with any terms of the User Agreement, the User is not entitled to start using the Madloba Online-resource.
1.6 The Company reserves the right to change the terms of the User Agreement and/or individual documents at any time without any special notice to the User. The new edition of the User Agreement comes into force from the moment of its posting on the Internet, unless otherwise provided by the new edition of the User Agreement, and is available in the footer of Madloba.info website. The Company also has the right to make any changes to the Madloba Online Resource and/or its individual modules/functions at any time at its own discretion without any special notice to the User.
1.7 If the Company has made any changes to the User Agreement with which the User does not agree, or if the User has started to use the Madloba Online Resource but does not agree to the terms of the User Agreement, the User is obliged to stop using the Madloba Online Resource. The User is obliged to independently monitor information about changes in the terms of the User Agreement.
Users of Madloba Online Resource. User registration and account.
2.1 The User represents and warrants that:
2.1.1 The User, who is an individual, is of legal age to accept the terms of the User Agreement.
2.1.2 The User, representing a legal entity, has the rights and authority to act on behalf of that legal entity.
2.2 Categories of Users:
2.2.1 Use of the Madloba Online Resource on the terms of a simple (non-exclusive) license on a royalty-free basis exclusively for personal non-commercial purposes without going through registration or with independent registration;
2.2.2 The use of Madloba Online Resource on the terms of a simple (non-exclusive) license on a free of charge basis under the terms of the License Agreement with access to a personal account;
2.2.3 The use of Madloba Online Resource on the terms of a simple (non-exclusive) license on a free of charge basis under the terms of a separate License Agreement with access to a personal cabinet.
2.3 In order to use the Madloba Online Resource and/or its individual modules/functions the User may need to register a User account (User Account). Users belonging to the category stipulated in Art. 2.2.1. of the User Agreement can use Madloba Online Resource without registration, or can create an account on their own by going through the registration procedure. The login and password to the account of the Users belonging to the categories stipulated in art. 2.2.2 and 2.2.3 of the User Agreement are provided by the Company and/or another authorized person.
2.4 The Company reserves the right at its own discretion to limit the User's access to the Madloba Online-resource and/or its separate modules/functions, if it is technologically possible, and/or to block the User's account without giving any reasons, including in case of violation of the User Agreement, norms of the applicable law, generally accepted standards of morals and ethics (in case the User is accessing the Madloba Online-resource under an account) or to apply other measures to the User.
2.5 The User is solely responsible for maintaining the confidentiality of their account information, including their password, and for all activity on behalf of their account without exception. The User agrees to notify the Company immediately of any compromise of authentication data: unauthorized use of the account and/or password and/or any other breach of security. At the same time, all actions within or with the use of Madloba Online Resource under the User's account are considered to be made by the User himself/herself, except if the User, in the manner prescribed by the User Agreement, has notified the Company of unauthorized access to the User's account and/or of any violation (suspicion of violation) of his/her means of access to the account.
2.6 In order to register, the User undertakes to provide true and complete information about himself/herself and/or the organization by filling in the registration form or by providing the information necessary for registration in any other way as directed by the Company, and to keep this information up to date. In this case the User is warned that the information provided about him/herself and/or the organization is not checked by the Company for compliance with any requirements (reliability, completeness, legality, etc.). The Company is not responsible for any information, materials provided by the User. At the same time if the Company has reasons to believe that the information provided by the User is incomplete or unreliable, the Company has the right to block or delete the User's account and/or refuse the User to use the Madloba Online Resource and/or its individual modules/functions at its own discretion. The Company also reserves the right at any time to require the User to confirm the data specified during registration and to request documents confirming the specified information. Failure to provide the specified documents may be equated to provision of inaccurate information and may result in consequences stipulated by the User Agreement. In case the User's data specified in the provided documents does not correspond to the data specified at registration, and also in case the data specified at registration does not allow to identify the User, the Company has the right to refuse the User access to the account and to use the Madloba Online resource.
2.7 The User has the right to stop using the Madloba Online Resource and/or its individual modules/functions at any time and/or to declare a refusal of use, if the obligatory period of notice of the forthcoming refusal of use has not been stipulated in the documents regulating the legal relations of the parties. In specific cases, the User is obliged to pay the Company remuneration for the use of Madloba Online Resource and/or its individual modules/functions in accordance with the documents regulating the legal relations of the parties.
User Content
3.1 The User may upload images, videos, materials and other information for the account (hereinafter "Content"). In case of uploading the Content, the User is aware and agrees that the Company has the right to publish and further use the User's Content on Madloba Online Resource and on third-party resources under the terms stipulated by the User Agreement. The User also has the right to change or delete their uploaded Content at any time. If there is no technical possibility to change or delete the Content, the User has the right to ask the Company for help.
The User shall be solely responsible for compliance of the content posted by the User with the requirements of the current legislation, including liability to third parties in cases where the posting of the Content by the User or the Content violates rights and legitimate interests of third parties, including personal non-property rights of authors, other intellectual rights of third parties, and/or infringes their intangible benefits.
3.3 The User agrees that the Company has no obligation to monitor any kind of Content posted and/or distributed by the User via the Madloba Online Resource, and that the Company has the right (but not the obligation) to refuse to post and/or distribute content to the User at its own discretion or to remove any content that is available via the Madloba Online Resource. The User understands and agrees that he/she must independently assess all risks associated with the posting and use of the Content.
3.4 The User freely grants to the Company a simple (non-exclusive) license to use the Content, which is a result of intellectual activity, including the Content posted by the User in social network accounts (including "VKontakte", Instagram, Facebook, etc.), links to which can be placed on Madloba Online-resource. The specified simple (non-exclusive) license to use the Content is granted to the Company simultaneously with the addition of the Content to Madloba Online-resource and/or its separate modules/functions for the whole term of the exclusive rights to the objects of copyright and (or) related rights constituting such Content, for use in all countries of the world with the right to sublicense.
3.5 The said license is granted for the use, copying, editing, modification, reproduction, distribution, preparation of derivative products, displaying, application, sublicensing and other use of the Content by the Company (and its successors and assigns), including, inter alia, for the purpose of promoting part or all of Madloba Online Resource and/or its individual modules/functions in any formats and through any channels (including, inter alia, third party websites and web channels). The User hereby also grants each user of the Madloba Online Resource a simple (non-exclusive) royalty free license to access the Content provided by the User through the Madloba Online Resource, and to use, edit, modify, reproduce, distribute, prepare derivative products, display, apply such Content while using the Madloba Online Resource.
3.6 All data provided by the User and contained in the User's account is stored and processed by the Company in accordance with the terms of the Privacy Policy.
3.7 The User understands and agrees that the technology of Madloba Online Resource may require the copying (reproduction) of the User's Content by the Company, as well as its processing by the Company to meet the technical requirements of Madloba Online Resource and/or its individual modules/functions.
Terms of Use of Madloba Online Resource. General provisions
4.1 The Company grants the User the right to use the Madloba Online Resource under a simple (non-exclusive) non-transferable license within the functional possibilities of the Madloba Online Resource in all countries of the world. The essential terms of use of the Madloba Online Resource are set out in the License Agreement.
4.2 The user himself is liable to third parties for his actions related to the use of Madloba Online Resource, including if such actions lead to a violation of the rights and legal interests of third parties and for complying with the law when using the Madloba Online Resource
4.3 When using the Madloba Online Resource, the User is not entitled to:
4.3.1. upload, send, transmit or in any other way post and/or distribute content that is illegal, harmful, defamatory, offensive to morality, shows (or advocates) violence and cruelty, violates intellectual property rights, advocates hatred and/or discrimination against people on racial, ethnic, gender, religious, social grounds, contains insults to any persons or organizations, contains elements (or advocates) pornography, child erotica
Impersonate another person or entity and/or community representative, including the Company's employees, forum moderators, site owner, and use any other forms and methods of illegal representation of other individuals on the Internet, as well as mislead Users or the Company about the properties and characteristics of any entities or objects
4.3.3. violate the rights of third parties, including minors, and/or harm them in any way;
4.3.4. upload, send, transfer or in any other way place and/or distribute the Content, in the absence of the rights to such actions pursuant to the legislation or any contractual relations;
4.3.5. upload, send, transmit or in any other way place and/or distribute advertising information, spam, which is not permitted in a special way;
4.3.6. upload, send, transmit or otherwise place and/or distribute any materials, which contain viruses or other computer codes, files or programs intended for breaking, destroying or limiting the functionality of any computer or telecommunication equipment or programs for unauthorized access;
4.3.7. unauthorizedly collect, store, process personal data of other persons;
4.3.8. reproduce, repeat and copy, sell and resell, as well as use for any commercial purposes any parts of Madloba Online Resource and/or its individual modules/functions and/or Content, or access to them, unless the User has received such permission from the Company, does so lawfully, or when expressly provided for in the User Agreement;
4.3.9. disrupt the normal operation of Madloba Online Resource and/or its individual modules/functions.
4.3.10. otherwise violate the law, including international law.
4.4 All objects available through the Madloba Online Resource, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects, as well as any information posted on the Madloba Online Resource, are subject to the exclusive rights of the Company, Users and other right holders.
4.5 The use of the Content, as well as any other elements of the Madloba Online Resource, is possible only within the scope of the functionality offered by one or another of its modules/functions. No elements of the Madloba Online Resource or any Content posted on the Madloba Online Resource may be used in any other way without the prior permission of the copyright holder. Use means, among other things: reproduction, copying, processing, distribution on any basis, framing, etc. Exceptions are cases, directly stipulated by the legislation of the Russian Federation, the User Agreement or other documents of the Company.
4.6 The User's use of the content elements of Madloba Online Resource, as well as any Content is allowed on condition that all copyright marks, related rights, trademarks, other notices of authorship, preservation of the name (or pseudonym) of the author/right holder in unchanged form, preservation of the corresponding object in unchanged form. Exceptions are cases expressly provided by the legislation of the Russian Federation or the User Agreement and other documents of the Company.
4.7 The Company shall have the right to store information about Users, the Content or part of the Content to protect its interests for the period necessary to perform such protection.
4.8 The Company is an information intermediary and takes actions to protect the rights and ensure compliance with legal requirements only on the basis of appeals of authorized persons in accordance with the established procedure. In case of detection of the Content, which, in the opinion of the right holder, contains materials that violate his intellectual rights, the right holder may send an appeal to the Company. When appealing to the Company, the right holder must provide all information and documents necessary for consideration and decision making by the Company, including all data for identification of the right holder. At the application the right holder must also provide the following reliable information: about the legal rights of the right holder, violated by the Content; facts and circumstances, confirming the ownership of the rights on the Content by the right holder and documents confirming the rights of the applicant to act in the interests of the right holder; facts and assumptions about the rights violation, type of Content, violating the rights; reference to the page containing disputable Content, and other data, necessary for comprehensive consideration of the application, or additionally requested by the Company If the right holder fails to provide sufficient information and documents allowing to conclude that any Content is illegal, including if such a conclusion requires special qualifications or knowledge, the Company has the right to refuse to take action on the right holder's appeal. On issues related to the disputed Content, the right holder can independently contact the User who posted the Content that, in the right holder's opinion, violates its intellectual rights. The right holder's requests are considered in the order of receipt, the terms of consideration depend on the nature of the right holder's request and the total number of requests. Interaction with the right holder within the framework of consideration of the right holder's appeal is carried out using the e-mail address indicated by the right holder or through other communication channels. When the right holder sends the request to the Company, unfair requests are not allowed, in particular, the Company has the right not to consider the following requests of the right holder: not containing information and documents, necessary to consider the request; containing false information and/or documents, which have no signs of reliability; regarding questions, on which the Company had previously sent the answer to the right holder (repeated requests); containing insults, threats or requests, expressed in a sharp negative form; sent with irritation; directed to the right holder.
Disclaimer of warranties, limitation of liability.
5.1 Any information and/or materials accessed by the User via the Madloba Online Resource are used by the User at their own risk and are solely responsible for the possible consequences of the use of such information and/or materials, including for any damage that this may cause the User or third parties, or any other harm.
5.2 The Madloba Online Resource and/or its individual modules/functions are provided "as is": The Company assumes no responsibility or guarantee, in particular for the functionality of the Madloba Online Resource. The Company does not guarantee that: The Madloba Online Resource and/or its individual modules/functions and/or Content meet/will meet the User's requirements; will be provided continuously, quickly, reliably and error-free; the results that can be obtained using the Madloba Online Resource and/or its individual modules/functions and/or Content will be accurate and reliable and usable for any purpose or in any capacity; the quality of any product, service, information, etc. obtained using the Madloba Online Resource and/or its individual modules/functions Nor does the Company guarantee that the information obtained through the use of the Madloba Online Resource will be correct, up to date or complete.
5.3 The Madloba Online Resource may contain links to other websites on the Internet (websites of third parties). These third parties and their content are not checked by the Company for compliance with any requirements (authenticity, completeness, legality, etc.). The Company is not responsible for any information, materials placed on third parties' websites, to which the User gets access using Madloba Online Resource, including any opinions or statements expressed on third parties' websites, advertisements, etc., as well as for the availability of such websites or content and consequences of their use by the User. The reference (in any form) to any site, product, service, any information of commercial or non-commercial character, placed on Madloba Online-resource, is not an approval or recommendation of these products (services, activities) by the Company, except for the cases when there is a direct indication to that.
5.4 The Company is not liable for any kind of losses caused due to the use of the Madloba Online Resource and/or its individual modules/functions by the User. In all circumstances, the Company's liability shall be limited to one hundred (100) US dollars and shall be imposed on the Company if the actions of the Company are at fault.
Closing Provisions
6.1 This User Agreement shall be governed by and construed in accordance with the law. Issues not regulated by this User Agreement, as well as all possible disputes arising from the relationship governed by this User Agreement shall be resolved in the manner prescribed by applicable law.
6.2 If one or more provisions of this User Agreement are deemed invalid or unenforceable, it has no effect on the validity or applicability of the remaining provisions of the User Agreement.
6.3 The Company shall be entitled at any time and at its sole discretion, without prior notice to the User, to transfer all or any part of its rights and obligations under this User Agreement or any other legal document applicable to the legal relationship between the parties to any third party. At the same time the User agrees and confirms that he has no right to transfer his rights and obligations arising from the acceptance of the terms of the User Agreement and other documents and/or to transfer the rights to use the Madloba Online Resource and/or its individual modules/functions.
6.4 The Company is entitled to send informative messages to its users. In order to improve the quality of Madloba Online Resource and/or its individual modules/functions, as well as for other purposes, the Company is entitled to collect the opinions and feedback of its Users on various issues by sending an information message. The collected opinions and feedback can be used to form statistical data that can be used by the Company. The feedback left by the User with or without his/her account may also be published by the Company on Madloba Online Resource or in the services of the Company's affiliates, including without specifying information about the account of the User who left the feedback. When writing reviews the User undertakes to be guided by the requirements of this User Agreement and/or separate documents.
6.5 All the documents placed in the footer of the official site of the Company Madloba are legally significant, apply to legal relations of the parties and are obligatory for execution.
6.6 The Company can be contacted by e-mail corp@madloba.info.