1.1. The present User Agreement (hereinafter - "Agreement") regulates relations between O.O.O. SMS Servicies registered at address: 197198, St.-Petersburg, Bolshoy pr. P.S., 29a, letter B (hereinafter - the "Company"), and capable individual, duly acceded to this Agreement for the using of mobile application "Girls Around Me" (hereinafter – “the User").
1.2. The mobile application "Girls Around Me" (hereinafter – “the Application") is a computer program, which is entertainment and information application for mobile devices based on Apple iOS or Google Android technologies (for mobile devices running the operating systems Apple iOS or Google Android), by means of which the Users of mobile devices can obtain certain information at a particular place or city.
1.3. Installation of the Application in the User's mobile device is an acceptance and confirmation of his consent to the terms of this Agreement.
1.4. By accepting this Agreement, the User confirm his consent to the processing of his personal data in the purpose of implementation of this Agreement and the resolution of claims related to the fulfillment of this Agreement. Application shall use the following personal data:
- Information about location of the User’s mobile device;
- Information accessible from social networks after login in under the login and password of the User (such as names and photos of the friends of the User, etc.);
- Information about the User’s account in www.foursquare.com.
1.5. The terms of this Agreement is a public offer. The Company provides the User free access to the Application pursuant to this Agreement.
1.6. This Agreement may be amended by the Company unilaterally. Herewith continuation of the Application usage after making changes and / or amendments to this Agreement means acceptance of the User of such changes and / or amendments.
1.7. Appeals, suggestions and complaints of individuals and entities to the Company relating to the content and operation of the Application, violations of the rights and interests of third parties, the requirements of applicable legislation, as well as requests of authorized persons with the applicable legislation may be sent by email to the address [email protected].
1.8. By consenting to the terms of this Agreement, the User confirms his legal capacity as well as the authenticity of their personal data and takes full responsibility for their accuracy, completeness and veracity.
1.9. Location data for the Application provided by foursquare
2.1. The User shall properly comply the terms of this Agreement.
2.2. The User shall not use the Application for any other objectives except for the purposes related to personal non-commercial use.
2.3. The User shall not use the Application for any purposes for any purposes prohibited by the applicable legislation.
2.4. The User Shall not use the Application in violation of the rights and legitimate interests of third parties, subscribers of the mobile operators and the applicable legislation, including:
2.4.1. Shall not carry out propaganda or agitation instigating social, racial, ethnic or religious hatred and enmity, hatred for those non-standard sexual orientation, propaganda of war, social, racial, ethnic, religious or linguistic supremacy.
2.4.2. Shall not describe or promote criminal activity, place instructions or guidelines for the commission of criminal acts.
2.4.3. Shall not allocated or transmit via the Application any information of restricted access (confidential information), if the User is not authorized to perform these actions.
2.4.4. Shall not gather by means of the Application any personal data, including home addresses, phone numbers, email addresses, passport details and other personal information about other users or other persons without their prior consent.
2.4.5. Shall not use the Application for distributing images of individuals without their prior consent.
3.1. The Company may transfer rights and obligations under this Agreement to third parties for the fulfillment of this Agreement without additional consent of the User.
3.2. The Company has the right to send the User by any means information about the operation of the Applications, including allocate advertising, information and other messages within the Application, to email address or phone number specified by the User.
3.3. Company has the right to process personal data of the User and transmit them to third parties for the fulfillment of this Agreement and resolution of claims related to the implementation of this Agreement.
4.1. The User has the right to use the Application at no charge by viewing, reproduction (including copying), remaking and communicating to the public solely for personal, noncommercial use.
4.2. The User is responsible for any use of the Application in the ways not allowed directly herein.
4.3. By using additional functionality of the Application the User can send information to his friends in social networks about the Application (text of such information shall be generated by the Application).
4.4. For making some specific actions within the Application or for using the Application the User might be necessary to register within sites, portals, networks. In that case the User shall read and accept the terms of using of such sites, portals or networks. The Application shall use the User’s registration details within such sites in the ways and manners necessary for interaction with such sites, portals or networks. If the User refuses from accepting terms of using of such sites, portals or networks, the User shall be deprived of ability to use some or all functionality of Application, if such functionality is based on resources of such sites, portals or networks.
4.5. Any payments for communication services shall be paid by the User by himself.
5.1. For the implementation of this Agreement the Company has the right to involve third parties. The User confirms that the specified third parties are provided the same rights as the holder of the rights to the Application, including in respect of the User’s personal data.
5.2. The User guarantees that he would not take any action aimed solely for making damages to the Company, mobile operators or other persons.
5.3. In case of violation of the rules of the use of the Application referred to in section 2 of this Agreement, as well as in case of a violation of clause 5.2 of this Agreement, the User shall indemnify the Company’s harm caused by such actions.
5.4. Recognizing the international nature of the Internet, the User accepts responsibility for compliance with all local laws and regulations relating to the User actions in the network.
6.1. The Application may contain links or submit access to other sites on the Internet (third party sites) and to allocated on the sites content which is the result of intellectual activity of the third parties and protected in accordance with the law. The Company does not check these sites and the content posted on them. The Company is not responsible for any information or content allocated on third party sites to which the User gets access through the Application, including, any opinions or statements expressed on third party sites.
6.2. The User confirms that terms of this Agreement does not apply to the using of the sites of any third party, including sites links to which located in the Application. The User is solely responsible for his actions on such sites and the Company is not responsible and shall not be held responsible for actions of any third party hosting, developing of running such site.
7.1. THE APPLICATION IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR THE COMPANY BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
7.2. Issues not regulated in this Agreement shall be settled in accordance with the laws of the Russian Federation.
7.3. If any dispute or controversy related to the implementation of this Agreement arises, the User and the Company will make efforts to resolve such disputes by negotiations. If the disputes are not settled by negotiation, the disputes shall be settled in a court of general jurisdiction at the location of the Company in accordance with the laws of the Russian Federation.
7.4. This Agreement shall enter into force for the User since the installation of the Application into the mobile device and the registration of the User and shall be in force for an indefinite period.
7.5. If any provision of this Agreement is held invalid, this shall not affect the validity or applicability of the remaining provisions of this Agreement.