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User Agreement
Definition of terms
"Company", "We", "Our" , "Us", "Us" or any other similar derivatives (depending on the context) means the following person: TEPLYGIN VLADIMIR VYACHESLAVOVICH, location address: Russia, Moscow, Korabelnaya str., 15 (including its branches and representative offices both in the Russian Federation and abroad, as well as any other entities created as a result of the reorganization of the Company) that owns or controls the Application.
"Application Content" means all objects posted by the Company and/or third parties persons (with the permission of the Company) in the Application, including design elements, text, graphics, illustrations, virtual objects, virtual objects, video, programs, music, sounds, information, notifications and any other similar objects, collections thereof or combinations.
"Updates" means a software patch or software package for the Application that is released by the Company from time to time, offered for free download by Users who are already using the Application, and is aimed at fixing non-functional functions of the Application, eliminating bugs (errors) in the operation of the Application or introducing small software components to ensure greater 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 the User. This Application is available for download from the App Store and Google Play.
"Application Software" means software developed by the Company (and/or third parties on behalf of the Company) for the Application, including, but not limited to, all software, scripts, codes (HTML codes), programs, etc.
"User", "You", "Your", "You", "Your" or other similar derivatives (depending on the context) means the person who (1) uses the Application and has access to the Services; and (2) has given its consent to comply with the rules for using the Application set forth in the text of this Agreement by creating a personal account (account).
"Application" means the following application: BEHOOF, which the User downloads through the Platform to a smartphone or other device.
"Services" means collectively the Application Content and Application Software.
"In-app purchase" means the User receiving for a fee additional features and/or functionality for the Application and/or purchasing any - or virtual goods/services within the Application.
Joining the agreement
General provisions
2.1. This User Agreement (hereinafter referred to as "Agreement") determines the rules and procedure for using the Application, the rights and obligations of Users, and also regulates the behavior of Users when gaining access to the Application and Services.
2.2. The User accepts the terms of this Agreement by creating a personal account.
2.3. This Agreement is binding on its parties (i.e., the Company and the User). The User may assign his rights under this Agreement only after receiving prior written consent from the Company.
2.4. If you are the legal representative (parent, guardian) of a minor User, in this case you automatically agree on your own behalf and on behalf of such a minor User to the terms of this Agreement.
Warning for users
2.5. If the User accesses the Application and/or its Services through the Platform or social networks (for example, Facebook, Instagram), then the User is automatically considered to have accepted the terms of the user agreement of such Platform or social network.
2.6. The User acknowledges that its agreement with the mobile network provider (hereinafter "Provider") will apply to the User's use of this Application. The User also acknowledges that the Provider may charge the User from time to time for data transfer services when using certain functions of the Application, as well as any other fees and charges arising in connection with such transfer and for which the User agrees to be responsible. If the User is not the bill payer of the Provider on the smartphone or other device used to access the Application, it is assumed that such User has received permission from the bill payer to use the Application.
2.7. The User is the only responsible person for checking and monitoring the compliance of the installed Application with the technical features/capabilities of a smartphone or other device and/or other restrictions that may be applicable to the User and/or his smartphone or other device by third parties, including the Internet provider.
Application Users
General criteria and age
3.1. To use the Application, Users must meet the following criteria (cumulatively):
(1) be at least 10 years old; and
(2) not be limited in the right of access to the Application and Services on the basis of a court decision that has entered into legal force, or in cases provided for by current legislation or the terms of this Agreement.
Creating a personal account
3.2. Use of the Services is possible as Users who have gone through the procedure of creating a personal account (account) , and by Users who have refused such creation. Unregistered Users do not have access to the following Services:
push subscription notifications about changes in prices of goods
3.3. To remove these restrictions and gain full access, the User must create his own personal account (account). Upon completion of registration, the User receives a unique login and password.
3.4. This Agreement applies equally in full (without any exceptions) to both Users with a personal account (account) and without it.
3.5. To create a personal account (office), the User must provide the following information about himself:
email address
Intellectual Property
User License
4.1. The user receives a non-exclusive, non-transferable, non-sublicensable, personal (non-commercial) use license ONLY for the Services (hereinafter referred to as "User License"). The User undertakes not to use the Services for any other purposes. The User receives the specified User License ONLY subject to compliance with ALL terms of this Agreement.
4.2. The User license terminates automatically when the Application is deleted from the User’s smartphone or other device. Nothing in the text of this Agreement should be construed as the right for the User to obtain any other license to use intellectual property owned by Company or in its possession, other than as provided above.
Company Intellectual Property
4.3. The Company owns any and all property rights, including proprietary intellectual property rights, to all Application Content, as well as Application Software. The application software and application Content are protected by copyright in the manner prescribed by the current civil legislation of the Russian Federation, as well as international treaties and conventions in the field of 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), alienating in any way for a fee or free of charge, sublicensing, distributing in any way or use the Application Content and Application Software, except in cases where such actions are EXPRESSLY permitted by the terms of this Agreement or the current legislation of the Russian Federation.
4.5. Nothing in the text of this Agreement can be interpreted as transferring to the User any exclusive rights to the Application Content (in whole or in a separate part) and/or application software.
4.6. The company owns all rights to trademarks, commercial (business) names, brands, logos registered in its name (hereinafter referred to as "Trademarks"). Such Trademarks are protected by applicable law and NOTHING in the text of this Agreement shall be construed as conferring any license to the User to use such Trademarks.
How to use the application
General provisions
5.1. The User undertakes to comply with the following rules when working with the Application:
(1) comply with all obligations assumed by the User in connection with joining this Agreement; and
(2) provide reliable information about yourself to create a personal account (account); and
(3) not to impersonate any other person, including, but not limited to, not to provide any data of third parties (without receiving from them direct, prior and knowing consent) to create a personal account (account); and
(4) inform the Company about the theft of logins, passwords or any other access keys for the User to the personal account (account); and
(5) not provide to third parties access to your account (account) and/or logins, passwords or other access keys; and
(6) not to perform any actions (with or without the use of automation tools) aimed at to collect any personal data of other Users; and
(7) do not take any actions or assist third parties in committing actions aimed at undermining operation of the Application and/or Services, including, but not limited to, (a)loading viruses or malicious code; (b) perform actions that may lead to the disabling of the Application and/or Services, disruption of the normal operation of the Application or its software, or deterioration of the appearance of the Application and/or Application Content.
(8) not take any other action that is illegal, fraudulent, discriminatory or misleading.
Feedback on the application
5.2. Each User from time to time has the right (but not the obligation) to leave or send their ideas, feedback, suggestions or projects aimed at improving the operation of the Application or the quality of the Services provided. Such reviews can be sent by the User in the following way:
in the application for sending reviews there is a separate menu item "Contact us"
5.3. By submitting such an idea, feedback, proposal or project, the User automatically grants us a non-exclusive, royalty-free, worldwide, transferable and sublicensable license to store, use, distribute, modify, run, copy, publicly perform or display , translation of your ideas, reviews, proposals or projects, as well as the creation of derivative works based on them.
5.4. Any such information provided to the Company is automatically considered non-confidential.
In-App Advertising
Advertising by the Company
6.1. The Company may from time to time post any advertising or marketing materials.
Advertising 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 DOES NOT ACCEPT ANY RESPONSIBILITY (1) FOR THE CONTENT OF THIRD PARTY ADVERTISING, AND ALSO FOR THE AVAILABILITY, QUALITY AND SAFETY OF THE PROMOTED GOODS/SERVICES IN SUCH ADVERTISING; and (2) FOR ANY LOSS, LOSS OR DAMAGE INCURRED OR CAUSED TO THE USER AS A RESULT OF HIM READING SUCH ADVERTISING OR USE OF THE PROMOTION GAMES IN ADVERTISING THIRD PARTY GOODS/SERVICES.
6.3. In the event of a transition to another website through a posted Third Party Advertisement, the Company cannot guarantee that such website is safe for the User and/or his computer . Nothing in this Agreement should be construed as a representation, encouragement, recommendation or inducement for the User to use Third Party Ads, visit any third party sites, or try, purchase or use any third party products/services.
Application Access
General Provisions
9.1. The Company reserves the right to change or modify the Application Content at any time without specifying any reason, at its sole discretion and without the need to notify the User. The Company also reserves the right to modify, interrupt or discontinue part or all of the Application at any time without any further notice. The Company does not assume any liability in connection with the foregoing. to Users or third parties for any changes, modifications, deletions, cancellations, terminations or interruptions in the operation of the Application.
9.2. The Company does not guarantee that the Application and Services will be available to the User at all times. From time to time The Company may experience hardware, application software or other problems, which may require the Company to take time to investigate and resolve such issues. Such error correction may result in interruptions, delays, or errors in the operation of the Application. The Company reserves the right to change, revise, update, suspend, discontinue or otherwise change the Application at any time or for any reason without prior notice. User agrees that Company is not responsible for any loss, damage, or inconvenience caused by User's inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in the terms of this Agreement will be construed as obligating Us to maintain the operation of the Application without interruption or failure.
Providing updates
9.3. The Company may from time to time provide Updates and require their installation on the User's smartphone or other device. In this case, the User is the only responsible person for installing Updates and bears full responsibility for any losses, losses, damages or lost profits caused to the User by untimely installation of Updates or failure to install them at all, incompatibility of installed Updates and a smartphone/other device. The Company does not provide any technical support or Internet connection to the User to gain access to the Services and/or their Updates.
Account deletion
9.4. The User has the right to stop using the Application at any time by deleting it from his smartphone or other device.
9.5. In the event (1) of violation by the User of the terms of this Agreement or when the Company has reasonable grounds to believe that such violations have been committed; and/or (2) violations of the intellectual property rights of the Company, other Users or third parties; and/or (3) committing actions that are illegal, violate the rights and interests of the Company, other Users or third parties, or undermine the operation of the Application or the ability to use the Application by other Users; and/or (4) The User uses the Services or the Application in a manner that may expose the Company to legal liability in the future; and/or (5) if required by applicable law or a competent government agency, the Company has the right, without prior notice, to terminate (stop) the User’s access to the Application and the Services at any time by deleting his account.
If the circumstances set out in the previous paragraph occur, 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 the User's account due to its inactivity for 180 consecutive calendar days.
9.7. In all cases of deleting the User's account or deleting the Application from the User's smartphone or other device, all data and information posted by the User in the account and/or associated with it will be permanently deleted. The Company does not assume any responsibility for the deletion of such data and information, as well as for any harm, damage, loss or lost profits caused to the User by such deletion and/or lack of access to the Services in general.
Ask a question
10.1. If you have questions regarding the terms of this Agreement or the procedure/method of their execution, you can address your question to us in the following way:
send a letter to the following address: vvteplygin@gmail.com
10.2. Employees and representatives of the Company undertake to make every possible effort to respond to your request within a reasonable period of time.
Liability
11.1. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE TO THE USER OR TO ANY THIRD PARTIES:
(1) FOR ANY INDIRECT, INCIDENTAL, UNINTENTIONAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, DAMAGE TO HONOR, DIGNITY OR BUSINESS REPUTATION CAUSED IN CONNECTION WITH THE USE OF THE SITE, SERVICES OR OTHER MATERIALS, WHICH THE USER OR OTHER PERSONS ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY HAS BEEN WARNED OR INDICATED TO THE POSSIBILITY OF SUCH HARM; and
(2) FOR THE ACTIONS OF OTHER USERS, FOR USER CONTENT POSTED BY USERS, FOR GOODS/SERVICES PROVIDED BY THIRD PARTIES OR OTHER USERS (EVEN IF ACCESS TO THEM WAS PROVIDED THROUGH OUR SITE), TO WHICH P THE USER HAS GOT ACCESS; and
(3) in cases expressly provided for by the terms of this Agreement or the norm of current legislation.
11.2 . Our liability for anything related to the use of the Site and/or Services is limited to the maximum extent permitted by applicable law.
Dispute Resolution Procedure
12.1. In the event of any disputes or disagreements related to the execution of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. In the event that there are no disputes resolved through negotiations, disputes are subject to resolution in the manner established by the current legislation of the Russian Federation.
Final clauses
13.1. We may revise, amend or change the terms of this Agreement from time to time. Such changes are generally not retrospective.
THE COMPANY DOES NOT CHARGE ASSUME ANY RESPONSIBILITY TO NOTIFY USERS ABOUT UPCOMING OR EXISTING CHANGES TO THE TEXT OF THE AGREEMENT. By acceding to the terms of this Agreement, the User also undertakes the obligation to periodically review the terms of this Agreement for changes or additions.
If, after changes or additions to the text of the Agreement, the User continues to use the Application, this means that he is familiar with the changes or additions and accepted them in full without any objections.
13.2. Unless otherwise expressly stated is not specified in the provisions of this Agreement or does not directly follow from the norms of current legislation, the substantive law of the Russian Federation applies to the terms of this Agreement.
13.3. If one or more terms of this Agreement have lost their legal force or are declared invalid under current law, the remaining terms of the Agreement do not lose their force and continue to operate as if the term declared invalid or invalid did not exist at all.
13.4. 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 suit your needs, goals, expectations, and therefore we do not guarantee any or a specific result or consequence resulting from your use of the Application and its Services.