Attention! IF YOU CREATE A PERSONAL PAGE, GO TO YOUR PERSONAL PAGE OR THE PAGE OF ANY OTHER LICENSEE ON THE SOCIAL NETWORK «Ear», EITHER DOWNLOAD OR COPY ANY CONTENT POSTED ON IT, OR OTHERWISE USE THE SOCIAL NETWORK, THEN BY DOING SO YOU ACCEPT THIS LICENSE AGREEMENT AND CONFIRM YOUR AGREEMENT WITH ALL ITS TERMS WITHOUT ANY RESTRICTIONS.
This License Agreement (hereinafter referred to as the "Agreement") regulates the relationship between the management of the social network «Ear», hereinafter referred to as the "Licensor" and you, the Licensee of the Social Network (hereinafter referred to as the "Licensee"), in relation to the use of the Social Network.
1.1. Social Network — a social network known by the name «Ear», posted on the website on the Internet at: ear.social and accessible to the Licensee through the website, the mobile version of the website, applications and other resources, which is the result of intellectual activity in the form of a computer program. The social network is represented in an objective form by a set of data and commands, and generated audiovisual displays (including graphical images and user interface included in it), (hereinafter referred to as data and commands) intended for the functioning of computers and mobile devices in order to obtain a certain result in the form of the organization of the social network functionality. The set of data and commands consists of activated and inactive data and commands.
The social network allows Licensees, if they have access to the World Wide Web, to create Personal Pages and get acquainted with the Personal Pages of other Licensees, perform contextual search for information about other Licensees, exchange Personal Messages with other Licensees, post, copy and upload photos and other content, use other functionality of the Social Network. The rights to use data and commands (activated and non-activated) are transferred by the Licensor to the Licensee on the terms defined by this Agreement.
The operation and maintenance of the Social Network, including technical and organizational support, is carried out exclusively by the Licensor and constitutes his obligation (subject to the provisions of Article 5 of this Agreement), providing the possibility of granting rights to the Licensee. Licensees participate in the Social Network in an interactive (online) mode by connecting the Licensee via the World Wide Web. The Licensor is the owner of the necessary amount of rights to the Social Network as a computer program and to all its constituent parts, taken both individually and collectively, as well as the audiovisual elements generated by it, with the exception of Content not posted on the Social Network by the Licensor, the rights to the elements of which may belong to third parties. The Licensor has the right to use, operate and distribute the Social Network in the relevant territories where he ensures its use, operation and distribution.
1.2. Licensor — author and developer of the social network «Ear», Sebekin Ivan Nikolaevich, which grants the Licensee the right to use the Social Network on the terms of a non-exclusive license and carries out the communication to the public, distribution, operation, maintenance, administration of the Social Network. The Licensor is a Party to this Agreement.
1.3. Licensee is an individual who has the right and legal capacity to conclude this Agreement, who is a member of a Social Network, who, in accordance with this Agreement, is granted the right to use the Social Network under the terms of this Agreement. The Licensee is a Party to this Agreement.
1.4. Content — design elements, illustrations, graphic images, photographs, scripts, texts, videos, music, sounds and other objects posted on the Social Network, including the results of intellectual activity, the rights of use of which may belong to the Licensor, Licensees or other persons.
1.5. Applications — computer programs (games, electronic services, etc.) posted on the Social Network by the Licensor or with his consent by third parties or their elements that can be used by the Licensee within the Social Network in addition to the main functions of the Social Network. The Licensee's participation in the Applications is carried out on the terms stipulated by separate agreements with third parties.
1.6. Personal page — a section of a Social Network containing part of the information posted in the Licensee's Account (including, at the request of the Licensee, photos, information about friends, statuses and so on), available for review by other Licensees. The Personal page is used by the Licensee for the purpose of exchanging Personal Messages, adding other Licensees to friends and performing other actions. Access to the personal page may be restricted by the Licensee to other users within the available functionality of the Social Network or by the Licensor in accordance with the terms of this Agreement.
1.7. Licensee's Account (Account) is a Licensee's account created at the time of registration in a Social Network, which allows the Licensor to take into account each Licensee and grant the rights to use the Social Network through a unique login and password. The username and password for accessing the Account are determined by the Licensee independently when registering on the Social Network and can be changed by him in the manner described in this Agreement or in the "Help" section on the Social Network page.
1.8. Personal messages — electronic messages transmitted by one Licensee to another and inaccessible to other persons, which are sent and received using the Licensee's Personal Page.
1.9. Remuneration is a fee to the Licensor for granting the Licensee the rights to use non—activated data and commands within the limits established by this Agreement. The amount of Remuneration is determined by the Licensor and depends on the amount of inactive data and commands, the right to use which is transferred to the Licensee. The rules of the Social Network may provide for other conditions for obtaining the rights to use non-activated data and commands, as well as restrictions on their use. The licensee can familiarize himself with these rules in the relevant sections of the Social Network.
1.10. License Agreement — the text of this Agreement concluded between the Licensor and the Licensee, containing all the necessary and essential terms of the license agreement on granting the rights to use the Social Network, including non-activated data and commands. The rules of conduct of the Licensee or the rules for performing certain actions by the Licensee, as well as the terms of payment of Remuneration and any other rules for using the Social Network posted by the Licensor on the relevant pages of the Social Network, including in the "Help" section, including the mobile version of the Licensor's website and Applications, are also an integral part of this Agreement.
2.1. Before starting to use the Social Network, the Licensee is obliged to familiarize himself with this Agreement, as well as with all applicable rules and other documents on the Social Network, which are posted in the relevant sections of the Social Network.
2.2. After filling in the required fields and familiarization with this Agreement, the Licensee joins (accepts) this Agreement by clicking the "Register" button or similar, which, within the meaning of Articles 435 and 438 of the Civil Code of the Russian Federation, is the acceptance (acceptance) of the Licensor's offer, as well as the conclusion of a contract that generates obligations for the Licensee to comply with the terms of the Agreement, including the rules applicable in the Social Network.
2.3. The actual use of the Social Network without Account registration, in the form and to the extent available without registration, is also an acceptance of this Agreement.
3.1. Under this Agreement, the Licensor grants the Licensee, under the terms of a simple non-exclusive license, the right to use the Social Network, including the rights to use activated and non-activated data and commands, within the limits defined by this Agreement.
3.2. The right to use the activated data and commands is provided to the Licensee free of charge.
3.3. The right to use non-activated data and commands is granted to the Licensee for Remuneration, unless the Licensor provides another way to obtain it.
4.1. The Licensee has the right to use the Social Network in the following ways:
4.1.1. use the functionality of the Social Network, including participating in the formation of a Social Network by creating an Account and a Personal Page and changing the content of the Social Network and personal Account settings during such participation by posting and processing information and Content, interacting with other Licensees in compliance with the rules provided for in this Agreement;
4.1.2. reproduce the elements of the Social Network in the form of information and Content posted in it for personal use by copying to the memory of your personal computer and/ or mobile device (download). In the event that the Content elements are the object of copyright or personal images (photographs) of other Licensees or third parties, the Licensee must additionally obtain the consent of the copyright holders in such reproduction.;
4.2. The Licensee is prohibited from:
4.2.1. reproduce, distribute, process for commercial or non-commercial purposes elements of the Social Network that are the object of copyright of the Licensor, other Licensees or third parties, in the absence of permission from the respective copyright holders to perform these actions;
4.2.2. reproduce elements of the design or user interface of a Social Network when creating websites or conducting any commercial activity on or off the Internet;
4.2.3. distribute on/off the Social Network for commercial or non-commercial purposes audiovisual displays and credentials of other Licensees present on the Social Network, without the consent of these Licensees;
4.2.4. transfer the rights granted to the Licensee to use the Social Network, as well as any of its components, to other Licensees or third parties through the conclusion of a sublicense agreement or in any other way, including by sale, resale or exchange for certain tangible assets;
4.2.5. engage in commercial activities using the Social Network or any of its components without the prior permission of the Licensor;
4.2.6. violate the rules of use of the Social Network set forth in this Agreement (Section 5).
5.1. For the full use of the Social Network, the Licensee creates an Account. When registering an Account, the Licensee fills out the registration form. To log in to the Social Network, the Licensee generates unique authorization data – login and password. The password is confidential information and is not subject to disclosure, except as provided by applicable law and/or this Agreement. The risk of fraudulent and other illegal actions with the Licensee's Account in connection with the loss of the password is borne by the Licensee. The licensee is recommended to choose a password of sufficient complexity to avoid the possibility of its selection by third parties.
5.2. The Licensee's credentials specified by him during registration are reflected in the Account and on the Personal Page (hereinafter referred to as credentials), processed by the Licensor for the purpose of proper execution of this Agreement.
5.3. In order to fulfill the License Agreement and provide the Licensee with access to the use of the Social Network functionality, the Licensor develops, improves, optimizes and implements new Social Network functionality (including services and products of information, communication, advertising, educational, entertainment and other nature). In order to ensure the implementation of these goals, the Licensee agrees to the Licensor's collection, storage, accumulation, systematization, extraction, comparison, use, filling (clarification) of their accounting and other data in compliance with applicable legislation, as well as to receive and transfer to affiliated persons and partners the results of automated processing of such data using various information assessment models, in the form of integer and/or text values and identifiers corresponding to the evaluation criteria specified in the requests for data processing by the Licensor and/or specified persons.
The Licensor agrees to the reflection of credentials and other data on the Licensee's Personal Page, as well as to the fact that the credentials reflected on the Personal Page will be considered publicly available, unless another mode of access to them was chosen by the Licensee within the functionality of the Social Network.
The Licensee agrees that for the purposes provided for in this Agreement, additional information related to the Licensee may be collected and used, obtained from the Licensee during the Licensee's access to the Social Network or from third parties, and including data on technical means (devices) and methods of technological interaction with the Social Network (including The IP address of the host, the type of the Licensee's operating system, browser type, geographical location, provider data, etc.), the Licensee's activity on the Social Network, as well as other data obtained by these methods.
The Licensee's credentials are processed during the entire period of time from the moment of registration of the Licensee's Account until its deletion, unless otherwise provided by applicable law.
By posting information on a Social Network, including credentials and other data, the Licensee agrees that such information may be available to other Internet users taking into account the existing functionality of the Social Network (which may be changed from time to time by the Licensor), and also that the Licensor may restrict the use by third parties of information from the Social Network, including for commercial purposes. The Licensor's use of the information is determined by this Agreement.
5.4. After registering the Account, the Licensee has the right to fill the Account, Personal Page and other elements of the Social Network with Content, add photos and other materials in accordance with the provided functionality, add/remove friends and use other functions provided by the Licensor within the Social Network, subject to compliance with this Agreement.
5.5. The Licensee understands and agrees that the information and credentials posted in the Licensee's Account are available to other Licensees through the Licensee's Personal Page, if access to them is not restricted by the Licensee himself within the functionality of the Social Network.
5.6. The Licensee who has previously registered an Account enters the Social Network each time by going through the authorization procedure – entering the Licensee's login and password, clicking on the hyperlink received by e-mail, as a result of automatic authorization using cookies technology and other methods available and permitted by the Licensor.
5.7. A person who has logged in to a Social Network is considered a proper user of the Account, access to the use and management of which was obtained as a result of such authorization, unless there is information confirming otherwise.
5.8. When using a Social Network by the Licensee, cookies technology may be used for the purpose of automatic authorization of the Licensee in the Social Network, as well as for collecting statistical data, in particular on the attendance of the Social Network.
5.9. The Licensee has the right to restrict or prohibit the use of cookies technology by applying the appropriate browser settings.
5.10. If authorization is impossible due to the loss of the password, Account blocking, and for other reasons, the Licensee has the right to contact the Licensor's support service, or follow the instructions posted in the "Help" section and other sections of the Social Network. The methods of restoring access to the Account, authorization of the Licensee may be changed, canceled or supplemented by the Licensor unilaterally.
5.11. The Licensor makes commercially reasonable efforts to ensure the functioning of the Social Network around the clock, but does not guarantee the absence of interruptions associated with technical malfunctions, preventive maintenance, and also does not guarantee the full or partial operability of Applications. The Licensor does not guarantee that the Social Network or any of its elements will function at any particular time in the future or that they will not stop working.
5.12. The social network, including all scripts, Applications, Content and its design, the mobile version, are provided "as is". The Licensor does not provide any guarantees that the Social Network or its elements may be suitable for specific purposes of use. The Licensor cannot guarantee and does not promise any specific results from the use of the Social Network or its elements. The Licensor does not guarantee that the Content and Applications posted on the Social Network, including by other Licensees, correspond to the Licensee's individual ideas about morality and morality.
5.13. When using the Social Network, the Licensee is obliged to observe precautions with respect to Content, especially Content posted by other Licensees, other materials and information; when clicking on hyperlinks posted on the Social Network, when using any files, including software, in order to avoid the negative impact on the Licensee's computer of malicious software, unfair access to the Account, password selection and other negative consequences for the Licensee.
5.14. By posting Content on the Social Network, the Licensee grants the Licensor the right to use the Content exclusively for the purposes of the functioning of the Social Network in the ways necessary for this.
5.15. The Licensee does not have the right to upload or otherwise make publicly available (post on a Social Network, publish within a Social Network) Content and other results of intellectual activity of Licensees, Licensor and other persons-rightholders, in the absence of the explicit consent of the rightholder and/or the necessary scope of rights to such actions.
5.16. Reproduction, copying, collection, systematization, storage, transmission of information from the Social Network for commercial purposes and/or for the purpose of extracting the database of the Social Network for commercial or non-commercial purposes, or its use in whole or in any part in any way, is not allowed without the consent of the Licensor. It is prohibited to use automated scripts (programs, bots, crawlers and other means of automatic information collection) to collect information and (or) interact with a Social Network without the consent of the Licensor.
6.1. The Licensor performs the current management of the Social Network, determines its structure, appearance, permits or restricts Licensees' access to the Social Network in violation of the provisions of this Agreement, exercises other rights belonging to him. The Licensee agrees that the Licensor has the right to use the functional and technical capabilities of software (audio/video player) that provide the display of Content posted within the Social Network, at its discretion, including for the purposes of displaying advertising.
6.2. In terms of providing the possibility of interaction between Licensees, including providing Licensees with the opportunity to independently perform certain actions within the Social Network, the Licensor acts solely as the person who provided the technological possibility of such interaction using the Social Network. The transfer, storage and provision of access via the Internet and Social Network software to information, graphic images and other materials provided by Licensees related to such interaction are carried out without changing such materials or influencing their content on the part of the Licensor.
6.3. The Licensor independently decides on the procedure for placing advertisements on the Social Network, participating in partner programs, and more.
6.4. The Licensor has the right to:
6.4.1. at any time change the design and user interface of the Social Network, its content, the content of the Social Network functions provided, change or supplement the scripts used, software, Licensor Content and other objects used or stored in the Social Network, any Applications and server applications, with or without notice to the Licensee;
6.4.2. delete any Content without any reason and without warning, including Content that, at the Licensor's discretion, violates and/or may violate the legislation of the Russian Federation (applicable law), the provisions of this Agreement, the rights of other Licensees or third parties, harm them or pose a threat to harm and/or security;
6.4.3. at its discretion, delete any information (including the Licensee's Personal Messages, comments on the Licensee's photos, statuses, other information and other materials), including those posted by the Licensee on the Social Network in violation of the legislation of the Russian Federation (applicable legislation) and/or the provisions of this Agreement;
6.4.4. suspend, restrict or terminate the Licensee's access to all or any of the sections of the Social Network and/or elements of the Social Network, personal page, functions of the Social Network, including activated and non-activated data and commands, delete objects created by the Licensee at any time without explanation, with or without prior notice, unless otherwise expressly provided by applicable law;
6.4.5. delete the Licensee's Account at its discretion, including if the Licensee commits actions that violate the legislation of the Russian Federation (applicable legislation) or the provisions of this Agreement;
6.4.6. grant the Licensee, for a fee, the right to use non-activated data and commands on the terms provided for in this Agreement and the relevant sections of the Social Network and/or elements of the Social Network, including Applications;
6.4.7. to send out to Licensees from the Licensor and/or from Licensor's partners, subject to the latter's consent of the Licensee, messages of an advertising, informational or news nature, including by e-mail, sms-mailing, mailing using the functionality of a Social Network or in any other accessible way;
6.4.8. in order to collect statistical data and identify the Licensee, install and store information about the IP addresses of the Licensee's access to the Social Network, use technical information files (cookies) placed on the Licensee's personal computer;
6.4.9. when using the Social Network, make comments to Licensees, warn, notify, inform them of non-compliance by Licensees with this Agreement. The Licensor's instructions given to the Licensee during the process of using the Social Network are mandatory for the Licensee;
6.4.10. take measures not prohibited by law to protect their own intellectual rights in relation to the Social Network;
6.5. The Licensor does not consider and resolve disputes and conflict situations arising between Licensees or third parties who have posted Applications on the Social Network with the Licensor's consent when Licensees use such Applications, however, at its discretion, it may assist in resolving the conflicts that have arisen. The Licensor has the right to suspend, restrict or terminate the Licensee's access to the Social Network (the validity of the right to use the Social Network) in the event of receiving motivated complaints from another Licensee(s) about the incorrect or illegal behavior of this Licensee in the Social Network.
6.6. The Licensor assumes the following obligations:
6.6.1. under the conditions set forth in this Agreement, grant the Licensee the rights to use the Social Network, including the rights to use non-activated data and commands, within the limits established by this Agreement;
6.6.2. notify the Licensee by publishing information or sending messages on a Social Network or in any other way available to the Licensor about changes to the terms of this Agreement.
7.1. The Licensee has the right to:
7.1. make Account and Personal Page settings, change login and password to access the Account;
7.1.2. post information about yourself in the Licensee's Account, add photos, statuses, evaluate and comment on publications of other Licensees;
7.1.3. to search for other Licensees based on information known to the Licensee and relevant information posted by the sought Licensee on the Personal Page;
7.1.4. use the available functions of the Social Network and Applications and post materials in them according to the requirements for posting materials that are contained in the corresponding section of the Social Network;
7.1.5. send and receive Private messages, add messages on the forum and in the comments;
7.1.6. moderate photos posted on the Personal Pages of other Licensees. This right can be exercised by Licensees who have subscribed to moderation by changing the appropriate Account settings;
7.1.7. acquire the rights to use non-activated data and commands and exercise these rights in accordance with this Agreement;
7.1.8. perform other actions not prohibited by the legislation of the Russian Federation (applicable legislation) or this Agreement related to the use of the Social Network.
7.2. The Licensee is obliged to:
7.2.1. comply with the terms of this Agreement without any restrictions;
7.2.2. at the time of registration in the Social Network and Account creation, provide reliable information;
7.2.3. do not exceed the limits of using the Social Network set out in Section 4 of this Agreement;
7.2.4. not to violate in any other way the Licensor's intellectual property rights in relation to the Social Network or any of its elements, in particular, the Licensee has no right to copy, broadcast, distribute, publish, or otherwise distribute and reproduce the materials posted by the Licensor on the Social Network (text, graphic, audio-video) without the Licensor's written consent;
7.2.5. independently take appropriate measures to ensure the security of his Account and Personal Page and prevent unauthorized access to them by third parties (in particular, to ensure that the password is not stored in the browser, including when using cookies technology, in case of possible use of the Licensee's computer device by third parties);
7.2.6. follow the Licensor's instructions regarding the use of the Social Network, in particular, the Licensor's data to the Licensee or a group of Licensees on the Social Network, in the user support center (Licensees), in the news section of the Social Network, on the Licensor's forum. If the Licensee fails to comply with such instructions, the Licensor has the right to suspend, restrict, and terminate the Licensee's rights to use the Social Network, including the rights to use non-activated data and commands;
7.2.7. at the request of the Licensor in connection with the conclusion and execution of this Agreement, confirm your credentials, including last name, first name, patronymic, and other data;
7.2.8. not to post photos on which other persons are depicted in addition to the Licensee without their prior consent, except in cases when, in accordance with Article 152.1. of the Civil Code of the Russian Federation or other norm of applicable legislation, such consent is not required;
7.2.9 notify the Licensor of all cases of actions committed on the Social Network against the Licensee that may be regarded as offensive, humiliating, discrediting, etc.;
7.2.10. periodically review the contents of this Agreement on the Internet at ear.social/terms/terms and keep track of the changes made to it.
7.2.12. comply with other requirements and fulfill other obligations stipulated by this Agreement and/or posted in the relevant sections of the Social Network.
7.3. The Licensee guarantees that he has all the necessary powers and legal capacity to conclude this Agreement.
7.4. The Licensee is prohibited from:
7.4.1. to collect the credentials of other Licensees and/or other information from the Social Network without the consent of the Licensor;
7.4.2. use any automatic or automated means to collect information posted on a Social Network;
7.4.3. to carry out propaganda or agitation inciting social, racial, national or religious hatred and enmity, propaganda of war, social, racial, national, religious or linguistic superiority, to disseminate other information prohibited for dissemination by applicable law;
7.4.4. post restricted access information (confidential information) of third parties on a Social Network or transmit it via Personal Messages if the Licensee does not have sufficient rights by virtue of law or contract to disclose this information;
7.4.5. to post, reproduce, process, distribute, publish on a Social Network, make public, transfer, sell or otherwise use in whole or in part the Content of the Licensor, Licensees and third parties, which is the object of copyright and other exclusive rights, without their prior permission, except for the cases established by this Agreement, in force the legislation of the Russian Federation (applicable law), as well as cases where the copyright holder has explicitly expressed his consent to the free use of his own Content by any person. By uploading music, videos or other Content to a Social Network, as well as posting Content on a Social Network in any other way, the Licensee confirms that he has all the rights necessary for this, including the right to make it publicly available, that such posting does not and will not violate the rights and legitimate interests of copyright holders and third parties, and that all necessary permissions and consents from the respective copyright holders and third parties have been duly and explicitly obtained for this purpose. It is prohibited to post Content on a Social Network if the Licensee does not have the necessary rights and/or consent of the copyright holder for this;
7.4.6. to post on the Social Network in open access (on the forum, in comments and/or statuses) or to transmit by means of Personal Messages text messages, graphic images or other materials, the content of which is offensive to other Licensees or other persons or may be regarded as such, as well as messages, images and other materials which discredit Licensees or other persons, contain threats, calls for violence, the commission of illegal acts, antisocial, immoral acts, as well as the commission of any other actions contrary to the foundations of law and order and morality;
7.4.7. post messages, graphic images or other materials on the Social Network (including those that do not correspond to reality), the placement of which causes or may damage the honor, dignity and business reputation of a citizen or the business reputation of an organization;
7.4.8. post messages containing obscene words and expressions on the Social Network;
7.4.9. post erotic and pornographic materials or hypertext links to Internet sites containing such materials on the Social Network;
7.4.10. post information on a Social Network that promotes suicide, contains a description of suicide methods and any incitement to commit it;
7.4.11. post information on the Social Network related to occult topics and activities (magic, divination, Satanism, love spells, spells, witchcraft, rituals, astrology, horoscopes, etc.);
7.4.12. post advertising and other information about narcotic and psychotropic substances on the Social Network, including information about the distribution of drugs, recipes for their manufacture and tips on use, as well as post information of an extremist orientation;
7.4.13. post information on the Social Network that violates the rights of minors;
7.4.14. post any illegal information on the Social Network;
7.4.15. post personal data, including contact details, of other Licensees or other persons on the Social Network without their prior consent;
7.4.16. indicate when registering an Account or subsequently enter deliberately false information or other people's data;
7.4.17. post images of other persons on the Social Network as their own photos without the consent of such persons or fictional characters, images of animals, objects, abstract images, as well as any other graphic images that are not images of the Licensee posting these images, without the appropriate consent of the copyright holders (authors) of such images;
7.4.18. register more than one Licensee Account by the same person;
7.4.19. to carry out actions aimed at destabilizing the functioning of the Social Network, to attempt unauthorized access to the management of the Social Network or its closed sections (including sections to which access is allowed only to the Licensor), as well as to carry out any other similar actions;
7.4.20. to carry out unauthorized access to the Accounts of other Licensees by selecting or entering a password, as well as to attempt such access;
7.4.21. to send spam – mass mailing of commercial, political, advertising and other information (including hyperlinks leading to Internet sites with such information and/or to Internet sites containing malicious software) in Personal messages, comments, messages on forums, Personal Pages of Licensees or performing other actions aimed at the dissemination of such information, if the Licensees-recipients have not expressed their consent to receive such information;
7.4.22. use a Social Network to search for debtors or for other similar purposes;
7.4.23. post information on the Social Network that contributes to the promotion, advertising and popularization of tobacco and tobacco products, medicines, narcotic substances, strong and low-alcohol beverages;
7.4.24. post other information on the Social Network that, in the Licensor's opinion, does not comply with the policy and objectives of creating a Social Network.
8.1. The Licensee guarantees that the posting of information, Content, other legally protected results of intellectual activity, their parts or copies, as well as other materials on the Social Network or transmission through Personal Messages does not violate anyone's rights and legitimate interests. In case of receipt of claims by third parties in connection with violation of the terms of this Agreement regarding the placement of information and/or Content of third parties, the Licensor has the right to transfer, within the limits permitted by law, the Licensee's contact information available to him to the persons who have filed claims, in order to resolve the differences that have arisen.
8.2. The Licensee guarantees that he will take appropriate measures to ensure the confidentiality of the credentials (login and password) used by him for authorization in the Social Network and to prevent the possibility of authorization by other persons.
8.3. The Licensor observes the secrecy of correspondence carried out by Licensees through Personal Messages.
8.4. The Licensor guarantees that the Licensor will use the e-mail address and mobile phone number specified in the Licensee's Account to contact the Licensor with the Licensee, send notifications, messages and SMS messages to the Licensee, as well as to provide the Licensee with the functions of the Social Network with the consent of the Licensee, which can be expressed using the functionality of the Social Network, unless otherwise not provided for by this Agreement or the current legislation.
8.5. The Licensor does not participate in the formation of the content of the Licensee's Personal Page and the downloading of Content by him, does not control the actions of the Licensee, does not and does not have the technical ability to automatically censor information in open sections of the Website and Social Network, in the Licensee's Personal Pages, censor Personal Messages and is not responsible for the actions or inaction of the Licensee.
8.6. Due to the peculiarities of the functioning of the Social Network, the Licensor does not and does not have the technical ability to carry out preliminary moderation of information and Content posted by the Licensee, and is not responsible for its content.
8.7. The Licensor is not responsible for possible failures and interruptions in the work of the Social Network and the loss of information caused by them. The Licensor is not responsible for any damage to the Licensee's computer, mobile devices, any other hardware or software caused by or related to the use of the Site or sites accessible via hyperlinks posted on the Site.
8.8. The Licensor is not responsible for the selection of the access password to the Licensee's Account by third parties and any actions performed by them using the Licensee's Account.
8.9. The Licensor is not liable for any damage, including lost profits, or harm caused in connection with the use of the Social Network, the Content posted on it or other materials to which the Licensee or other persons have gained access through the Social Network, even if the Licensor has warned or indicated the possibility of causing such damage or harm.
8.10. The Licensee is responsible for illegal actions carried out using his Account, as well as in connection with the placement of Content using his Account on the Social Network, on the Personal Page of the Licensee or other Licensees, forums, comments and other sections of the Social Network and / or Website.
8.11. The Licensee is personally responsible for any Content or other information that he posts on the Social Network or otherwise makes publicly available on the Social Network or with its help. The Licensee undertakes to independently resolve the claims of third parties related to the illegal placement of Content and information on the Social Network.
8.12. Hyperlinks to any website, product, service, any commercial or non-commercial information posted on a Social Network, sent in Personal Messages by Licensees, posted in forums on Personal Pages by Licensees, etc. do not constitute an endorsement or recommendation of these products (services) by the Licensor. The Licensor is not responsible for any damage caused to the Licensee as a result of clicking on such hyperlinks.
8.13. The Licensor is not responsible for possible illegal actions of the Licensee or third parties when using the Social Network.
8.14. The Licensor is not responsible for the Licensee's statements published on the Social Network. The Licensor is not responsible for the Licensee's behavior on the Social Network, disrespectful attitude towards other Licensees.
8.15. The Licensor is not responsible for the Licensee's loss of access to his Account on the Social Network (loss of login, password, other information necessary to use the Account or Personal Page).
8.16. The Licensor is not responsible for incomplete, inaccurate, incorrect indication by the Licensee of his data when creating an Account and a Personal Page.
8.17. When the Licensee uses gaming Applications of the Social Network, the Licensor is not responsible for the loss by the Licensee during the gaming process of game values obtained as a result of participation in such gaming Applications.
8.18. The Licensor is not responsible for the Licensee's lack of Internet access, for the quality of services provided by Internet communication providers with whom the Licensee has concluded agreements on the provision of Internet access services.
8.19. The Licensor does not exchange for cash or non-cash money, or other values of the Social Network received by the Licensee during its use, including virtual values.
8.20. The Licensor does not reimburse the Licensee for the costs associated with the acquisition by the Licensee of the rights to use, non-activated data and commands, including in the event of suspension or termination of this Agreement for any reason, unless otherwise expressly provided by applicable law.
8.21. The Licensor is not responsible for the occurrence of direct or indirect damage and lost profits of the Licensee or other third parties caused as a result of:
8.21.1. use or inability to use the Social Network;
8.21.2. unauthorized access by any third parties to the Licensee's personal information, including the Licensee's Account and Personal Page;
8.21.3. statements or behavior of any third party on the Social Network;
8.21.4. deletion of the Account, Content or termination of the functioning of a certain element of the Social Network or the Social Network as a whole.
8.22. Under any circumstances, the Licensor's liability to the Licensee is limited to the amount of 3,000 (three thousand) rubles, while the lost profit is not subject to compensation, unless otherwise expressly provided by applicable law.
8.23. The Licensor is not obliged to provide the Licensee with any evidence, documents, etc., indicating that the Licensee violated the terms of the Agreement, as a result of which the Licensee was denied the rights to use the Social Network or its individual functions/sections/ pages, as well as the rights to non-activated data and commands.
8.24. The Licensee's claims sent to the Licensor are accepted and considered, provided it is possible to establish the fact that the Account belongs to a specific person. Taking into account the possible presence of Accounts with similar credentials, the Licensor has the right to request additional information and information, including in relation to the Licensee's Account, allowing to determine which Account the claim was received in connection with, or to establish the identity of the Account to the person who filed the claim.
8.25. The Licensor is not responsible for any possible harm to the Licensee's health that may be caused to the Licensee in connection with the use of third-party Applications. The Licensee is hereby notified that the Applications may provide various sound and/or video effects, which, under certain circumstances, may cause persons prone to epileptic or other nervous disorders to exacerbate these conditions, and the Licensee guarantees that he does not suffer from these disorders, or undertakes not to use the Applications. The licensee is hereby notified that regular prolonged (continuous) presence at a personal computer can cause various complications of the physical condition, including impaired vision, scoliosis, various forms of neuroses and other negative effects on the body. The Licensee guarantees that he will use the Applications exclusively for a reasonable time, with breaks for rest or other measures to prevent physical condition, if such are recommended or prescribed to the Licensee.
9.1. This section of the Agreement regulates the procedure and conditions for the Licensor to grant the Licensee the rights to use non-activated data and commands.
9.2. At the request of the Licensee, the Licensor grants the Licensee, for a Fee, unless otherwise provided by the Licensor, the rights to use non-activated data and commands that allow increasing the number of virtual values used in the Social Network within the functionality of the Social Network. The amount and conditions of Remuneration are determined by the Licensor independently and depend on the amount of data and commands required by the Licensee to obtain a certain result due to the functionality of the Social Network. These conditions are contained in this Agreement and/or in the relevant sections of the Social Network.
The rights to use non-activated data and commands are transferred by the Licensor from the moment the virtual values are reflected in the form of "stars" in the Licensee's Account. From this moment on, the Licensee receives the rights to use non-activated data and commands in the amount corresponding to the number of virtual values in the form of "stars", under the terms of this Agreement. Virtual values in the form of "stars" are reflected in the Licensee's Account after the Licensor receives information about the payment (confirmation) from third parties (payment systems, operators, payment aggregators).
The compliance of the volume of inactive data and commands with the number of virtual values in the form of "stars" is determined by the Licensor. The Licensor determines whether the amount of remuneration corresponds to the number of virtual values in the form of "stars".
The right to use non-activated data and commands is granted to the Licensee for the duration of this Agreement, unless such right is terminated in accordance with the rules of the Social Network.
Payment of Remuneration is carried out by the Licensee in cash in the currency of the relevant territory, according to the conversion procedure established by the Social Network. The amount of remuneration is determined by the Licensor based on the amount of inactive data and commands, the right to use which is transferred to the Licensee.
From the moment the virtual values are reflected in the form of "stars" in the Licensee's Account, the Licensee does not have the right to demand from the Licensor a refund of the Remuneration paid for such rights, unless otherwise expressly provided by applicable law.
9.3. Payment of Remuneration is carried out by the Licensee by transferring funds through supported payment methods. The list of payment methods available is given in the relevant sections of the Social Network. The methods and conditions of payment of Remuneration through payment systems are published by the Licensor in the Social Network on the page: ear.social/stars
9.4. When paying the Remuneration, the Licensee undertakes to follow the payment instructions on the order and methods of payment, including the rules for entering messages and numbers of short text messages (SMS), including the order of entering uppercase and lowercase letters, numbers and the input language. The Licensee is granted the right to use the non-activated data and commands provided that the attached instructions and payment terms are fulfilled. The Licensor is not responsible for the correctness of the Licensee's fulfillment of the payment conditions. Regarding the rules and procedure for using payment systems to pay for the rights to use non-activated data and commands, the Licensee should contact the holders of such payment systems or payment operators/aggregators. The Licensor does not give the Licensee explanations on issues related to the rules and procedure for using such payment systems, and also does not reimburse the Licensee for the funds paid for the acquisition of such rights through payment systems, operators, payment aggregators, if such payments were made in violation of the rules established by such persons, as a result of which the funds were not received To the licensor.
9.5. The Licensee is granted the right to use the non-activated data and commands only if the Licensee pays for such rights in full in accordance with the terms of this Agreement, unless another procedure is contained in the Agreement or is not determined separately by the Licensor. At the same time, until receiving confirmation of payment for the rights of use, the Licensor has the right not to provide them to the Licensee, or to provide them to a limited extent.
9.6. If, as a result of a technical error, or a failure of the Social Network or any of its elements, or the Licensee's conscious actions, he has gained access to inactive data and commands without acquiring the right to use in accordance with the procedure established by this Agreement, the Licensee undertakes to inform the Licensor about this fact and pay him Remuneration, or eliminate all consequences illegal use of the rights obtained. The Licensor has the right to eliminate such consequences independently without notifying the Licensee.
9.7. The Licensee is obliged to keep documents confirming the payment of Remuneration by him during the entire time of using the Social Network, and at the request of the Licensor to provide him with such documents, as well as information about the circumstances of such payment by the Licensee.
9.8. The exclusive right to distribute non-activated data and commands belongs to the Licensor, in connection with which no third-party offers to grant rights to use such data and commands can be regarded by the Licensee as offers coming from the Licensor.
In case of controversial, unclear situations, or sending to the Licensee any third-party offers related to payment for the rights to use non-activated data and commands, or posting such ads and offers on the Internet, except for those posted on the Licensor's behalf on the Website, the Licensee is obliged to immediately notify the Licensor.
If the Licensee, in violation of this provision, has made a payment for the specified ad using the details specified in such an ad, the Licensee's claims to the Licensor regarding the absence of inactive data and commands from the Licensee will not be accepted, and the Licensor will not compensate the Licensee for the money spent by the Licensee under such circumstances.
9.9. If the Licensor determines that the Licensee receives the rights to use non-activated data and commands from third parties, the Licensor has the right, at its discretion, to suspend, restrict, or terminate the rights to use the Social Network in relation to the Licensee.
9.10. The acquisition by the Licensee of the rights to use non-activated data and commands does not release him from compliance with this Agreement and the application of any measures specified in this Agreement, including suspension or termination of the rights to use the Social Network and/or deletion by the Licensor of the Licensee's Account, unless otherwise expressly provided by applicable law.
9.11. The Licensee guarantees to the Licensor that he has the right to use the means chosen by him to pay Remuneration, without violating the legislation of the Russian Federation and/or the legislation of another country of which the Licensee is a citizen, and the rights of third parties. The Licensor is not responsible for additional fees charged by the operators of payment means and possible damage to the Licensee and/or third parties caused as a result of the Licensee's use of payment means that do not belong to him.
9.12. The Licensor is not responsible for possible illegal actions of the Licensee in the payment of Remuneration. The Licensor reserves the right to unilaterally suspend or terminate the rights to use non-activated data and commands with respect to the Licensee if there is a suspicion that the Licensee has committed illegal actions until the circumstances are clarified, unless otherwise expressly provided by applicable law.
9.13. If the Licensor has reason to believe that the Licensee is committing illegal actions related to the payment of Remuneration, the Licensor has the right to transmit relevant information to law enforcement agencies for verification of this fact.
9.14. Features of payment of Remuneration by the Licensee using bank cards:
9.14.1. bank card transactions are performed by the cardholder or a person authorized by him;
9.14.2. authorization of bank card transactions is carried out by the bank. If the bank has reason to believe that the transaction is fraudulent, the bank has the right to refuse to carry out this operation. Fraudulent transactions with bank cards are a criminal offense.
9.14.3. in order to avoid cases of fraud when paying with bank cards, payments paid with a bank card may be verified by the Licensor within the available capabilities. The Licensee-cardholder who has made such a payment is obliged, upon request received from the Licensor, to provide a copy of the documents required by the Licensor to confirm the lawful use of the bank card. If the Licensee fails to submit the requested documents within 14 days from the date of payment or there are doubts about their authenticity, unless another period is specified by the Licensor, the latter has the right to suspend granting the Licensee the rights to use the Social Network, any part/section of it and/or inactive data and commands until the circumstances are clarified.
9.15. The Licensee agrees, understands and accepts the fact that the Social Network and Applications are not a gambling game, a game for money, a contest, a bet.
9.16. The acquisition of the rights to use non-activated data and commands is the realization of the Licensee's own will and desire and is not a necessary or mandatory condition for the use of the Social Network and its main functionality.
10.1. The Licensee has the right to use the Social Network in the ways described in this Agreement throughout the territory of the Russian Federation, as well as other territories in which it is available using standard computer tools, programs and devices.
10.2. This Agreement is valid from the moment of acceptance of its terms by the Licensee and is valid for 1 (one) calendar year.
10.3. The validity of this Agreement is automatically extended for each subsequent 1 (one) year, if before the expiration of the specified term of the Agreement:
10.3.1. The Licensor will not make a decision on changing the provisions of this Agreement, on the need to conclude a new agreement with Licensees, termination of administration and maintenance of the Social Network and termination of access to it, termination of this Agreement with respect to the Licensee, or termination of access to the use of the Social Network with respect to the Licensee.
10.3.2. The Licensee will not decide to stop using the Social Network and will not delete his Account.
10.4. The Licensor has the right at any time, without notifying the Licensee and without explaining the reasons, to terminate this Agreement unilaterally out of court with immediate termination of access and the ability to use the Social Network and without compensation for any costs, losses or refund received under the Agreement, including in cases of closure of the Social Network, any, including one-time, violation by the Licensee of the terms of this Agreement, as well as any other cases specified by the Licensor on the Social Network pages, unless otherwise expressly provided by applicable law.
10.5. The Licensor has the right at any time, without notifying the Licensee and without explaining the reasons, to suspend access and the ability to use the Social Network, delete the Licensee's Account without compensation for any costs, losses or refunds received under the Agreement, including in the case of any, including one-time, violation by the Licensee of the terms of this Agreement, unless otherwise not directly provided for by applicable law.
10.6. The Licensee agrees and fully acknowledges that all exclusive rights or necessary licenses for the software that constitutes an element of the Social Network and/or is used for its administration and functioning, including the audiovisual displays included in it, as well as the graphic design of the Social Network, photographs, animations, video images, video clips, sound recordings, sound effects, music, text content of the Social Network and Social Network Applications, with the exception of Content uploaded to the Social Network by Licensees or third parties, belong to the Licensor, unless otherwise explicitly stated in the Agreement.
10.7. This Agreement does not provide for the assignment of any exclusive rights or the issuance of an exclusive license for any components of the Social Network from the Licensor to the Licensee.
10.8. If the Licensee is prohibited from using the Internet or social networks in accordance with the laws of his state, or there are other legal restrictions, including age restrictions on access to such software, the Licensee is not entitled to use the Social Network. In this case, the Licensee is solely responsible for using the Social Network on the territory of his state in violation of local legislation.
11.1. This Agreement may be amended by the Licensor without any prior notice. Any changes to the Agreement made by the Licensor unilaterally come into force on the day following the day of publication of such changes. The Licensee undertakes to independently check the Agreement for changes. Failure by the Licensee to take actions to familiarize himself with the Agreement and/or the amended version of the Agreement may not serve as a basis for the Licensee's failure to fulfill its obligations and the Licensee's failure to comply with the restrictions set forth in this Agreement. The Licensee's actual use of the Social Network after making changes to the terms of this Agreement or the rules for its use means that the Licensee agrees to the new terms.
11.2. The invalidity of one or more provisions of the Agreement, recognized in accordance with the established procedure by a court decision that has entered into force, does not entail the invalidity of the agreement as a whole for the Parties. If one or more provisions of the Agreement are declared invalid in accordance with the established procedure, the Parties undertake to fulfill the obligations assumed under the Agreement as close as possible to those implied by the Parties at the conclusion and/or agreed amendment of the Agreement in a manner.
11.3. This Agreement and the relationship of the Parties in connection with the execution of this Agreement and the use of the Social Network are governed by the legislation of the Russian Federation.
11.4. The norms of the Civil Code of the Russian Federation (the "Civil Code of the Russian Federation") governing the procedure and conditions for concluding a contract by accepting a public offer apply to the form and method of concluding this Agreement.
11.5. All disputes between the parties under this agreement are subject to resolution by correspondence and negotiations using the mandatory pre-trial (claim) procedure. If it is impossible to reach an agreement between the parties through negotiations within 60 (sixty) calendar days from the date of receipt by the other Party of a written claim, the dispute must be referred by any interested party to the court of general jurisdiction at the Licensor's location (with the exception of the jurisdiction of the case to any other courts), unless otherwise expressly provided by applicable law.
11.6. An integral part of this Agreement is the Procedure for consideration of proposals, claims and disputes related to Applications developed by third parties posted on the Social Network located under each relevant Application on the page of this Application on the Social Network. In accordance with the above Procedure, the Licensee sends all appeals, statements, proposals, claims and other requests related to the use of the Application directly to the developers of such Applications, using for this purpose the contact details indicated on the page of the corresponding Application on the Social Network.
11.7. The version of this Agreement is available on the Internet at the address of the Social Network, in the appropriate section, in the Licensor's Appendices and other places determined by the Licensor and allowing the Licensee to familiarize himself with its contents.
11.8. For questions related to the execution of the Agreement, please contact the Licensor's location:
665703, Bratsk, Turgenev str., 3, sq. 3,
Sebekin Ivan Nikolaevich, TIN: 380582446009.
Edition of December 14, 2022
