1. Terms and definitions
1.1. In this document and the resulting or related relations of the Parties, the following terms and definitions are used:
User Agreement (hereinafter referred to as the "Agreement") - a document with all additions, changes and mandatory documents specified in it, as well as an agreement concluded on its basis, regulating the relationship between the site administration and an individual.
Site is an automated information system available on the Internet at network addresses in the following domains (including subdomains): http://hotelusadba.ru/newyear (hereinafter referred to as the “Site”).
The Site Administration (hereinafter referred to as the "Administration") is a group of persons authorized to manage the Site and interact with Users. All exclusive property rights to the Site, including the rights to the Site's domain name, and administering it belong to IE Ageeva Olga Olegovna.
User - a capable individual who acceded to this Agreement in his own interest or acting on behalf and in the interests of the legal entity he represents.
User's personal information - any information that the User provides about himself independently during registration or in the process of using the Site, including the User's personal data, information that is automatically transmitted to the Site Administration during the use of the Site using the software installed on the User's device, including IP -address, information from a cookie, information about the user's browser, as well as other data about the User.
Content - audio, video, graphic, text and other materials (including audiovisual works, texts, photos, etc.) uploaded (posted) by the User on the Site.
Service - a set of services provided to the User using the Site.
Personal Account - a personal section of the Site, to which the User gets access after registration. The personal account is designed to store the User's personal data, view and manage the available functionality of the Site.
2. General provisions
2.1. This User Agreement (hereinafter referred to as the "Agreement") regulates the relationship between IE "Ageeva Olga Olegovna" (owner of the site http://hotelusadba.ru/newyear - hereinafter referred to as the "Site Owner"), which provides an unlimited number of people with the opportunity to register, post reviews, view content , and take other actions in relation to the Content, and by an individual using any of these features of the Site http://hotelusadba.ru/newyear (hereinafter referred to as the "User").
2.2. This Agreement, in accordance with article 437 of the Civil Code of the Russian Federation, is a written public offer of the Administration. The unconditional acceptance of this Agreement by the User (acceptance by the User of this offer in accordance with Article 438 of the Civil Code of the Russian Federation) is the use of any service, service or function of the Site.
2.3. Use of the Site is possible only on the terms set forth in this User Agreement. If you do not agree with its terms, then you should immediately stop using the Site. By using the Site, the User confirms that he has read and expressed his full consent (accepted) with the terms of this Agreement without any change or withdrawal.
2.4. The terms of this Agreement apply to all Site Users without exception. The User undertakes to use the Site in accordance with the norms of the current legislation of the Russian Federation, not to interfere with the operation of the Site and not to try to access the Content, Information and functions of the Site in ways not directly provided by the Administration.
2.5. If the User does not agree with the terms of this Agreement, then in order to terminate the Agreement in relation to him, the User must delete his account (if the User has previously registered on the Site) and stop using the Site, including by visiting the Site
2.6. The Administration has the right to transmit to the User notifications, messages and other information materials related to the process and ways of using the Site. The user has the right to refuse to receive some notifications and messages from the Administration when the Site provides such an opportunity.
2.7. When the User contacts the Administration, that has the right to request from the User documents confirming the information specified in the appeal and the User's right to send such an appeal. If the User does not provide the documents or information requested by the Administration, the Administration has the right not to take any action in connection with the User's request.
2.8. This Agreement and additions to it may be changed by the Site Administration unilaterally without special personal notification of each Site User. The administration reserves the right to periodically make changes to the Agreement, for example, to reflect changes in regulations, or changes in the functionality provided by the Site. In this regard, the User is obliged to regularly check the Agreement for such changes. The new version of the Agreement comes into force from the moment it is posted on the Internet at http://hotelusadba.ru/newyear, unless otherwise provided by the new version of the Agreement. If the User does not agree with the new edition of the Agreement, then he must stop using the Site. Continued use of the Site after the publication of a new version of the Agreement will mean the User agrees with the new terms of the Agreement.
2.9. In the event that regulatory legal acts are adopted by the authorities of the Russian Federation, affecting in whole or in part the functioning of the Site, the Administration reserves the right to make any changes in the functioning of the Site aimed at bringing the latter in line with the new standards.
2.10. The user confirms and agrees that the Site Administration can stop providing services at any time.
2.11. By accepting this Agreement, the User agrees that the Site does not give any guarantees or representations. The site does not guarantee that: functionality 2.12.1. The Site will meet the needs of the User;
2.11.2. The operation of the Site will be uninterrupted, timely, secure and will not contain errors;
2.11.3. Any information received by the User as a result of using the Site will be accurate or reliable.
2.12. By accepting this Agreement, the User confirms the use of the services of the Site at his own peril and risk and under his own responsibility. In the event that the operation of the service causes data loss or other errors on the User's computer or the computers of the User's network, the User undertakes not to make claims to the Site Administration and not to make it responsible for what happened.
2.13. The Site Owner has the right to send informational messages to its users. Using the services of the Site, the User also, in accordance with Part 1 of Article 18 of the Federal Law "On Advertising", gives his consent to receive messages of an advertising nature. The user has the right to refuse to receive advertising messages by using the appropriate functionality of the service, within the framework of which or in connection with which the user received advertising messages.
2.14. The User's link to ignorance of the terms of this Agreement and additions to it is not a reason for the User's failure to comply with this Agreement. All actions performed by the User on the Site are considered to be actions of a person who is familiar with the terms of this Agreement and amendments to it and who has accepted these rules.
2.15. The services and functions presented on the pages of the Site cannot be changed in accordance with the wishes of an individual or a group of persons, unless otherwise provided by this Agreement or additional agreements with the User.
2.16. All results of intellectual activity used and posted on the Site, as well as the Site itself, are the intellectual property of their legal copyright holders and are protected by the legislation on intellectual property of the Russian Federation, as well as by the relevant international legal conventions. Any use of the results of intellectual activity posted on the Site (including elements of the visual design of the Site, symbols, texts, graphics, illustrations, photos, videos, programs, music and other objects) without the permission of the Administration or the legal owner of the corresponding results of intellectual activity is illegal and may serve as a reason for legal proceedings and bringing offenders to civil, administrative and (or) criminal liability in accordance with the legislation of the Russian Federation.
2.17. A person who believes that his rights and interests have been violated due to the actions of the Administration or third parties in connection with the posting of any Content on the Site is obliged to notify the Administration about this.
2.18. The rights to the Site as a whole and to the use of the network address (domain name) http://hotelusadba.ru/newyear belong to the Owner of the Site. The latter provides access to the Site to all interested parties in accordance with the terms of this Agreement, other documents posted in the relevant sections of the Site and the current legislation of the Russian Federation.
3. Registration on the Site
3.1. In order to gain access to all the capabilities of the Site, the list of which is determined by the Administration unilaterally (in particular, the ability to download, store, post and classify Content), the User must complete the registration procedure on the Site in one of the provided ways:
3.1.1. take a number of consecutive steps to fill out the registration form in electronic form, as a result of which such User becomes a registered User, receives an individual login and password to access all the features of the Site; or
3.1.2. take a number of consecutive actions to enter the Site through the OpenID technology or through social services: Facebook, Vkontakte, Google, Apple. To do this, the person must indicate the address of his page in these services, then allow identification with the Site, as a result of which the person becomes a registered User and gains access to all the features of the Site.
The username of the user in the specified services is used as the login of the registered User. To enter the Site through social services, it is allowed to use no more than one account in each of the social services.
3.2. The user agrees to provide true, accurate and complete information about himself in the registration form and to keep this information up to date. If this information changes, the User undertakes to change it as soon as possible. At the same time, the User agrees that the Site Administration generally does not verify the accuracy of the User's Personal Information and does not exercise control over the User's legal capacity.
3.3. The Site Administration has the right to block and / or delete the User Profile, deny access to all or some of the Site's features, and delete the User Content without explaining the reasons, including if the User violates the terms of the Agreement, as well as if the User provides incorrect information about to himself or the Site Administration will have reason to believe that the information provided by the User about himself is unreliable, incomplete, inaccurate, violates the terms of this Agreement, or the User is using someone else's information.
3.4. The User's access to his Personal Account is carried out using credentials: login (email address or ID) and password. When registering, the User independently chooses a password for access to the Personal Account. The user is solely responsible for the security (resistance to guessing) of the password chosen by him, and also independently ensures the confidentiality of his password.
3.5. The User is solely responsible for any actions (as well as their consequences) within or using the Site through the User's Personal Account, including cases of voluntary transfer by the User of data for access to the User's Personal Account to third parties on any terms (including under contracts or agreements ). In this case, all actions within or using the services of the Site through the User's Personal Account are considered to be performed by the User himself.
3.6. The User is obliged to immediately notify the Site Administration (by mail [email protected]) about any case of unauthorized (not permitted by the User) access to the Site services through the User's Personal Account and / or any violation (suspicions of violation) of the confidentiality of his means of access to the Personal Account ... For security reasons, the User is obliged to independently carry out the safe termination of work with his Personal Account ("Exit" button) at the end of each session of work with the services of the Site. The Site Administration is not responsible for possible loss or damage to data, as well as other consequences of any nature that may occur due to violation by the User of the provisions of this part of the Agreement.
3.7. The user has the right to edit and / or delete his Personal Account from the Site at any time.
4.1. By accepting this Agreement, the User acknowledges that the Site is not responsible for the disclosure of the User's Personal Information produced by any third party. When processing the User's Personal Information, the Site Administration undertakes to take organizational and technical measures to protect the User's Personal Information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties with it. However, it is possible that as a result of a malfunction of the Site, a virus or hacker attack, technical malfunctions and other circumstances, the User's Personal Information may become available to other persons. The user understands this and agrees that he will not make a claim to the Site Administration and / or the Site Owner in the event of the occurrence of the circumstances specified in this paragraph.
4.2. By accepting this Agreement, the User undertakes not to disclose the confidential information of the Site without a preliminary authorizing letter from the Site Administration. The confidential information of the Site includes: Site software, technical specifications, documentation, financial information. This rule does not apply to information publicly posted on the external pages of the Site, as well as legally obtained by the User from a third party without violating confidentiality by a third party.
4.3. Nothing in this Agreement gives the User the right to use the brand name, trademarks, domain names and other distinctive signs of the Administration and / or the Site Owner. The right to use the brand name, trademarks, domain names and other distinctive signs of the Administration and / or the Owner of the Site may be granted only by written agreement with the Administration and / or the Owner of the Site.
5. Terms of posting Content
5.1. The User is solely responsible for compliance with the law when using the services of the Site, as well as for the compliance of the content of the Content posted by the User with the requirements of the current legislation, including liability to third parties in cases where the User's posting of this or that Content or the content of the Content violates the rights and legitimate interests of third parties, including personal non-property rights of authors, other intellectual rights of third parties, and / or infringes on their non-material benefits.
5.2. Responsibility for unauthorized copying and use of the Content is borne by the persons who misused the Content posted (uploaded) on the Site.
6.1. Content posted on the site. And also the actions of the User must meet the following conditions:
6.1.1. The content and actions of the User must not knowingly or accidentally violate any applicable Russian or international regulations;
6.1.2. The content and actions of the User should not offend morality, honor and dignity, violate the rights and legally protected interests of third parties or organizations, violate copyright and related rights, unlawfully affect any patent, trademark, state or commercial secret or intellectual property;
6.1.3. It is forbidden to post Content that the User has no right to make available by law or in accordance with any contractual relationship;
6.1.4. The user has no right to download, post or distribute in any other way intrusive and unsolicited advertising and correspondence, spam, "letters of happiness", invitations to participate in pyramid schemes or impose goods or services in other ways;
6.1.7. It is forbidden to download, send, transmit or in any other way post and / or distribute Content containing viruses or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access, and also serial numbers for commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as posting links to the above information;
6.1.8. The user does not have the right to post Content that can cause harm, containing threats, obscene language, rude and offensive expressions and sentences that are contrary to generally accepted moral standards, improperly using personal information of third parties (including, but not limited to, mentioning any names, addresses and phone numbers or any other personal contact information without the consent of the owner);
6.1.9. The user is prohibited from disrupting the normal operation of the websites and services of the Site;
6.1.10. The user is prohibited from posting links to network resources, the content of which contradicts the current legislation of the Russian Federation;
6.1.11. The user is prohibited from facilitating actions aimed at violating the restrictions and prohibitions imposed by this Agreement;
9. Third Party Sites and Advertising
9.1. The Site Administration has the right to advertise its own activities and services, as well as goods, works and services of third parties.
9.2. The services of the Site may contain links to other sites on the Internet (sites of third parties). These third parties and their materials are checked by the Site Administration for compliance with certain requirements (reliability, completeness, legality, etc.).
9.3. A link (in any form) to any site, product, service, any information of a commercial or non-commercial nature posted on the Site does not constitute an endorsement or recommendation of these products (services, activities) by the Site Administration, except when directly indicated on the resources of the Site.
9.4. The Site Administration and / or the Site Owner is not responsible for any types of losses incurred as a result of the User's use of the Site services or individual parts / functions of the services;
10. Other provisions
10.1. This Agreement constitutes an agreement between the User and the Site Owner regarding the procedure for using the services and replaces all previous agreements between the User and the Site Owner.
10.2. This Agreement is governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by this Agreement are subject to resolution in accordance with the legislation of the Russian Federation. All possible disputes arising from the relations regulated by this Agreement are resolved in the manner prescribed by the current legislation of the Russian Federation, in accordance with the norms of Russian law. Throughout the text of this Agreement, unless explicitly stated otherwise, the term "legislation" means both the legislation of the Russian Federation and the legislation of the User's place of residence.
10.3. Nothing in the Agreement can be understood as the establishment between the User and the Site Owner of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for by the Agreement.
10.4. If, for one reason or another, one or more of the provisions of this Agreement are found to be invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Agreement.
10.5. Inaction on the part of the Site Owner in the event of violation by the User or other users of the provisions of the Agreements does not deprive the Site Owner of the right to take appropriate actions to protect his interests later, and does not mean the Site Owner's refusal of his rights in the event of subsequent similar or similar violations.
10.6. This Agreement has been drawn up in Russian.
10.7. In order to avoid misunderstandings, the User should take precautions when downloading from the Site or using the links posted on it, and using any files, including software. The site owner strongly recommends using only licensed software, including antivirus software;
10.9. Using the Site, the User agrees that he downloads any materials from the Site or with its help at his own risk and bears personal responsibility for the possible consequences of using these materials, including for damage that this may cause to the User's computer or third parties, for loss of data and any other harm;
10.10. Under no circumstances will the Site Owner or its representatives be liable to the user or to any third parties for any indirect, accidental, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation caused in connection with the use of the Site, the content of the Site or other Materials to which you or other persons gained access through the site, even if the Site Administration warned or indicated the possibility of such harm.