1.1. Company - VORTEX CONNECTIONS CO. LTD. (Company Limited), a legal entity established under the laws of the Russian Federation, locating at: Bolshoi Prospect of Vasilevsky Island 24A, apt. 12, Saint-Petersburg, 196128. INN 7801657866, OGRN 1197847013352.
1.2. User - an individual who confirms that he is already 12 years old, uses GetLucky mobile application and has entered into an agreement with the Company by acceptance of this agreement in the manner specified in paragraph 10.2 of this Agreement.
1.3. Application - GetLucky mobile application, operating on Android, iOS.
1.4. Account - a section of the Application, available to the User after completing the Registration procedure, allowing the User to manage his\her account and carry out actions aimed at using the features of the Application.
1.5. Registration - the procedure of the User providing his\her data for his\her identification in order to use the Application.
1.6. Website - http://getlucky.city/en/ website. Other Internet resources administered by the Company or managed by the Company and directly related to the activities of the Company for the purposes of this Agreement shall be considered an integral part of the Website.
1.7. Other terms and definitions not specified in Section 1 of the Agreement may be used in this Agreement. In this case, the interpretation of such a term shall be made in accordance with the text of the Agreement. If an ambiguous interpretation of a term or a definition in the text of the Agreement and other documents forming a contract under the terms of the Agreement, one should be guided by its interpretation, defined by, first of all, the legislation of the Russian Federation, and then, by the customs of business and scientific doctrine.
2. GENERAL PROVISIONS
2.3. The Agreement, including the binding documents relating thereto, may be amended by the Company without any special notice. The new version of the Agreement and (or) the binding documents specified in it comes into force from the moment of publishing on the Website or bringing to the attention of the User in other convenient form, if nothing contradictory is provided by the new version of the Agreement and (or) the binding documents specified in it. In any case, continued use of the Application by the User means acceptance of the Agreement and changes made to this Agreement.
2.4. By agreeing to the terms of this Agreement, the User confirms its legal capacity, confirms the accuracy of the data provided to him\her under this Agreement and assumes full responsibility for their accuracy, completeness and compliance with the current legislation of the Russian Federation.
2.5. Use of the Application (Website) is carried out in any way and in any form within the declared functionality and purpose, including: registration and (or) login in the Application (on the Website); viewing of information materials posted in the Application (on the Website); placing or displaying any information material in the Application (on the Website), in accordance with the current legislation of the Russian Federation, is carried out on the basis of the agreement, in accordance with the provisions of articles 428, 437 and 438 of the Civil Code Of the Russian Federation. By using any of these features, the User confirms that he\she:
- read the terms of this Agreement and specified therein documents obligatory for the Parties in full before using the Application (Website);
- accepts all the terms of this Agreement and specified therein documents obligatory for the Parties in full without any deletions and restrictions and undertakes to comply with them or stop using the Application (Website).
3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is to provide the User with access to the information materials contained in the Application (on the Website) and its Options (Services).
3.1.1. The Company provides the User with the following services:
· access to electronic content on a free basis;
· access to search and navigation tools;
· providing the User with the opportunity to use personal account;
· other types of services implemented in the Application.
3.1.2. This Agreement covers all the existing (operating) Options (Services) of the Application (Website) and any subsequent modifications and more options (services) emerging in the future.
3.2. The use of information materials, Options (Services) of the Application (Website) is regulated by the norms of the current legislation of the Russian Federation.
3.3. The features of the Application (Website) are provided to both registered Users and Users who have not yet passed the Registration procedure. A number of features are only available to registered Users and may also depend on the technical characteristics of the User's device.
3.4. The User runs the Application (Website) at his\her own risk. Options (Services) are provided "as is". The Company does not assume any liability, including for the compliance of the Application (Website) with the goals pursued by the User.
3.5. Any information and (or) materials which are accessible for the User using the Application (Website) he\she uses at his\her own risk and is solely responsible for possible negative consequences, including damage that may be caused to the User (his\her property) or third parties, as well as any other harm, including moral.
The Company does not provide a warranty of the information provided in the Application (Website). The Company is not responsible for the compliance of the information published in the Application (on the Website) with its further implementation during the sale of goods (works, services), including gifts.
Any information provided in the Application (on the Website) is the result of processing the request and searching for the requested information, and the Company is not the entity posting such information, publishing or providing it to the User or other third parties. The Company cannot guarantee that the information provided to the User from the Internet at his\her request through the Application will meet his\her expectations.
3.6. The Company is not responsible for any kind of losses that occurred as a result of the User's use of the Application (Website) and (or) information materials, as well as their Options (Services).
3.7. The company is not engaged in advertising and (or) sale of alcohol and tobacco products.
4.1. To the User's wish, to use the features of the Application (Website) available to the User, the User has the right to undergo the Registration procedure.
4.2. When Registering, the User fills in the registration form, specifying the following data: e-mail address (e-mail) and user name (login). To confirm the Registration, the Company sends a message to the User's e-mail address specified during Registration, to confirm it.
4.3. The user is responsible for the accuracy, relevance and completeness of the information provided during Registration. In case of providing false information, the Company has the right to suspend or refuse the User to Register or use the Application (Website). The company is not responsible for any negative consequences for the User resulting from the false information he\she has provided.
Including, accepting the terms of this user agreement, the user confirms that his age has already reached 12 years. If the user has not reached the age of 12 years, he is not entitled to register in the application (Website) and use the application (Website) GetLucky.
4.4. In case of changes in the data specified during Registration, the User shall immediately make changes to the Registration data through the Application (Website).
4.5. The User is responsible to the Company and third parties for all actions taken in the Application (on the Website) through his\her Account.
4.6. If the User becomes aware of any unauthorized use of his Account, as well as in case of loss of the User's mobile device and (or) unauthorized access to his\her mobile device, the User shall notify the Company immediately by sending a message to the e-mail address firstname.lastname@example.org.
4.7. The Company is not responsible for any damage, breakage or loss of data that may occur as a result of violation of paragraph 4.6 by the User.
5. RIGHTS AND OBLIGATIONS OF PARTIES
5.1. The Company has the following rights:
5.1.2. To restrict access to the Application (Website) in case of violation of the terms of this Agreement by the User.
5.1.3. The Company has the right to provide users with paid and free services. The Company informs the User about the conditions of providing such services by posting the relevant information about the service (name of the service, its cost, form and payment procedure) in the Application (on the Website).
5.1.4. The Company has the right to restrict access to the features of the Application for organizational or technical reasons unilaterally until such reasons are eliminated. The Company undertakes to resolve the problems with the operation of the Application as soon as possible, and if there is no such an opportunity to notify the User about it in the Application (on the Website).
5.1.5. In order to improve and advance the stability of the Application (Website) operation, the Company has the right to collect, store and process statistical information about the use of the Application by the User.
5.1.6. The Company has the right to send information e-mails (push notifications) about events occurring within the Application or in connection with it to the User at the e-mail address and (or) phone number specified in his Personal Account.
5.2. The user has the following rights:
5.2.1. To get access to the use of the Application (Website).
5.2.2. After compliance with the registration requirements to use all Options (Services) available in the Application.
5.2.3. To use the Application (Website) only for the purposes and in the manner specified by the Agreement and not prohibited by the legislation of the Russian Federation.
5.3. The User undertakes:
5.3.1. To provide, upon the Company's request, additional information that is directly related to the provided Options (Services) of this Application.
5.3.2. To observe the property and non-property rights of authors and other right-holders when using the Application (Website).
5.3.3. To take no actions that may be considered as violating the normal operation of the Application (Website).
5.3.4. Never distribute any confidential and protected by the legislation of the Russian Federation information about individuals or legal entities through the Application (Website).
5.3.5. To avoid any actions that may result into violation of confidentiality of the information protected by the legislation of the Russian Federation.
5.3.6. To avoid using the Application (Website) for distributing advertising information, except with the consent of the Company, on the basis of the Agreement.
5.3.7. To avoid using the Options (Services) of the Application (Website) for the purpose of:
- downloading content that is illegal, violates any rights of third parties; promotes violence, cruelty, hatred and (or) discrimination on racial, national, sexual, religious, social grounds; contains false information about and (or) insults certain individuals, organizations, authorities.
- urging the commission of unlawful acts, as well as assistance to those whose actions are aimed at violation of the restrictions and prohibitions valid on the territory of the Russian Federation.
- violation of the rights of minors and (or) harming them in any form, infringement of the rights of minorities.
5.3.8. The User undertakes to thoroughly and carefully store the data used for identification in the Application (on the Website). If the e-mail specified during Registration has been accessed by third parties, the User shall immediately make changes to the Registration data in order to prevent sending of data used for identification in the Application (on the Website) to such hacked e-mail address.
5.4. The User is prohibited:
5.4.1. To use any devices, programs, procedures, algorithms and methods, automated devices or equivalent manual processes to access, purchase, copy or track the content of the Application (Website).
5.4.2. To disrupt the proper operation of the Application (Website).
5.4.3. To evade the navigation structure of the Application (Website) in any way to obtain or attempt to obtain any information, documents or materials by any means that are not specifically provided by the services of the Application (Site).
5.4.4. To breach the functions of the Application (Website), any other systems or networks related to this Application (Website), as well as to any Options (Services) offered by the Application (Website);
5.4.5. To violate the security or authentication system in the Application (on the Website) or any network related to the Application (Website).
5.4.6. To perform a reverse search, track, or attempt to track any information about any other User of the Application (Website).
5.4.7. To use the Application (Website) for any purpose prohibited by the legislation of the Russian Federation, and to incite to any illegal activity or other activity that violates the rights of third parties.
5.4.8. To impersonate another individual or representative of the organization and (or) the community without sufficient rights, including the Company's employees, as well as to use any other forms and methods of illegal representation of other persons on the Internet, as well as to mislead other Users or the Company about the properties and characteristics of any subjects or objects.
5.4.9. To upload, send, transmit or in any other way to post and (or) distribute information, in the absence of rights to such actions in accordance with the current legislation of the Russian Federation.
5.4.10. To upload, send, transmit or in any other way to post and (or) distribute advertising information, spam (including spamdexing), lists of other people's e-mail addresses, pyramid schemes, multi-level (network) marketing (MLM), online earning systems and email-businesses, "chain letters", as well as to use the Application (Website) to participate in these events.
5.4.11. To illegally collect and store personal data of other persons.
5.4.12. To disrupt the normal operation of the Application (Website).
5.4.13. To place links to the Internet resources, the content of which is contrary to the current legislation of the Russian Federation.
5.4.14. To promote actions aimed at violating the restrictions and prohibitions imposed by the Agreement.
5.4.15. To otherwise violate the law, including international law.
6. USE OF THE APPLICATION
6.1. The Application (Website) and its Options (Services) are owned and operated by the Company.
6.2. All objects available through the Application (Website), including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects posted in the Application (on the Website) are subject to the exclusive rights of the Company, Users and other right-holders.
6.3. The content of the Application (Website) is protected by copyright, trademark law, as well as by other rights related to intellectual property, and unfair competition law.
6.4. The User's utilization of the Application (Website) and the information posted in it for personal non-commercial use is allowed, while preserving all signs of copyright, related rights, trademarks, other notices of authorship, preservation of the name (or pseudonym) of the author (name)-rightholder in an unchanged form, preservation of the corresponding object in an unchanged form. Exceptions are cases directly specified by the legislation of the Russian Federation or additional documents for the use of a separate service.
6.5. The Application (Website) may contain links to sites on the Internet (sites of third parties). These third parties and their content are not checked by the Company for compliance with any requirements (reliability, completeness, legality, etc.). The company is not responsible for any information, materials posted on third-party sites to which the User has access in connection with the use of the Application (Website), as well as for the availability of such sites or information and the consequences of their use by the User.
6.6. By accepting the terms of this Agreement, the User grants the Company an ordinary (non-exclusive) license to use the data in the following ways:
- publicly display information (the right to public display);
- provide information in such a way that any person can have access to it online from any place and at any time of his\her choice (the right to communicate to the public);
- modify the information, that is alter or otherwise process it, including translation from one language to another (the right to process)
- the right to assign all or part of the acquired rights to third parties (the right to sublicense).
6.7. This ordinary (non-exclusive) license is granted to the Company simultaneously with the addition of certain information in the Application (on the Website) for the entire period of the exclusive rights to objects of copyright and (or) related rights, for use in all countries of the world.
6.8. The User guarantees the right under the terms of the above license to the extent necessary.
6.9. The User is personally responsible for maintaining the confidentiality of account information, including password and all activities that occur under the User's account name without exception.
6.10. The user shall immediately notify the Company of any unauthorized use of his\her account or password, or any other breach of security.
6.11. This Agreement covers all additional terms and conditions for the provision of services provided by the Application (Website).
6.12. The information published in the Application (on the Website) shall not be interpreted as a change to this Agreement.
6.13. The Company has the right to make changes to the list of Options (Services) offered by the Application (Website) at any time without notice to the User.
7.1. DISCLAIMER OF LIABILITY
Vortex Connections Co. Ltd. makes no commitments that the GetLucky application or website or any content, service or feature of the application/website will be error-free and uninterrupted or that any defects will be corrected or that your use of the application/website will lead to certain results. The application/website and its content are provided "as is" and "as available". Any information in the application or on the website is subject to change without prior notice. Vortex Connections Co. Ltd. does not guarantee that any files or other data you download from the application or from the website are free of viruses or contamination or destructive features. Vortex Connections Co. Ltd. disclaims all warranties, explicit or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Vortex Connections Co. Ltd. disclaims any liability for the acts, omissions and conduct of any third parties in connection with your use of the application\website. You take full responsibility for your use of the application\website and any related Internet resources. Your sole remedy against Vortex Connections Co. Ltd. in case of dissatisfaction with the application\website or any of its contents is to stop using the application/website or any such content. This limitation of remedies is a part of the agreement between the parties. The foregoing limitation of liability shall apply to any loss, obligations or damage caused by any failure of operation, error, breach of conditions, interruption, deletion, damage, delay in operation or transmission, computer virus, communications line failure, theft, destruction, unauthorized access, alteration or use, whether due to breach of agreement, tort, negligence or any other cause of action. Vortex Connections Co. Ltd. reserves the right to the following actions, which can be performed at any time and without notice: (1) modify, suspend or discontinue the operation of or access to the Application\Website or any part thereof for any reason; (2) modify the Application\Website, any part thereof and any applicable policies or conditions; (3) terminate the operation of the Application\Website or any part thereof, if required to perform preventive or urgent maintenance, error correction or other changes.
7.1.1. Any losses that the User may suffer in case of intentional or negligent violation of any provision of this Agreement, as well as due to unauthorized access to the communications of another User, will not be reimbursed by the Company.
7.2. The Company is not liable for:
7.2.1. Delays or failures in the course of the transaction arising from force majeure, as well as any malfunction of telecommunications, computer, electrical and other related systems.
7.2.2. Proper operation of the Application (Website), if the User does not have the necessary technical means to use it, and does not bear any obligation to provide Users with such means.
7.3. LIMITATION OF LIABILITY
7.4. COMPENSATION FOR DAMAGES
You agree to provide Vortex Connections company, its employees, managers, founders, predecessors, assigns, workers, agents, subsidiaries and affiliates with indemnity in respect of any losses, obligations or expenses (including attorneys' fees) imposed on Vortex Connections Co. Ltd. by a third party due to, arising out of or in connection with your use of the Application\Website.
8. VIOLATION OF THE TERMS OF THIS AGREEMENT
8.1. The Company has the right to disclose (use) any data collected about the User of this Application (Website), if disclosure (use) is necessary in connection with the investigation or complaint regarding the misuse of the Application (Website) or to establish (identify) the User who may violate or interfere with the rights of the Company or the rights of other Users of the Application (Website).
8.2. The Company has the right to disclose any information about the User in order to comply with the provisions (requirements) of the current legislation of the Russian Federation, including the enforcement of effective court decisions, ensure compliance with the terms of this Agreement, protect the rights or safety of other Users.
9. DISPUTE RESOLUTION
9.1. In case of any controversy or dispute between the Parties of this Agreement, it is mandatory to submit a claim (a written proposal for a voluntary settlement of the dispute) before applying to court.
9.2. The recipient of the claim shall notify the claimant in writing of the results of the claim consideration within 30 calendar days from the date of its receipt.
9.3. If it is impossible to resolve the dispute on a voluntary basis, any of the Parties may apply to the court for protection of their rights, which are granted to them by the current legislation of the Russian Federation.
10.1. The Parties are obliged to take all necessary measures to ensure the protection and security of information and documents exchanged in the Application (on the Website) or which are available to the Parties in connection with the use of the Application (Website) features.
10.2. The User shall take the necessary measures to preserve confidentiality, prevent unauthorized use and protect his\her data from unauthorized access by third parties.
10.3. The Company undertakes to maintain confidentiality of the information it has learnt due to the execution of this Agreement, except for the cases when: a) such information is publicly available; b) the information is disclosed at the request or with the consent of the User; c) the information is to be provided to third parties to the extent necessary for the execution of the terms of the Agreement, as specified in this Agreement; d) the information requires disclosure on the grounds provided by the current legislation of the Russian Federation.
11.1. The Company does not accept counter offers from the User regarding changes to this User Agreement.
11.3. If any term of this Agreement is recognized as invalid, the validity or enforceability of the remaining terms of this Agreement shall not be affected.
11.4. This Agreement is made in accordance with the legislation of the Russian Federation. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of the Russian Federation.
11.5. Any appeals, proposals and claims of individuals and legal entities to the Company related to the content and operation of the Application (Website), violations of the rights and interests of third parties, the requirements of the legislation of the Russian Federation, as well as for requests authorized by the legislation of the Russian Federation may be sent to the following e-mail: email@example.com