Customer Agreement

Please get acquainted with terms of services of Epicstars service. By using the service and derivations you are agreeing to this agreement. There is 12.04.2017 version.

 

Welcome to https://epicstars.com. The Website Administration offers you the services in accordance with conditions, which are subject of this Customer Agreement (hereinafter referred to as «Agreement», «CA»). In this regard you shall consult and carefully read the applicable terms of the Customer Agreement, that is considered as a public offer under article 437 of the Civil Code of the Russian Federation and becomes effective from the moment of your confirmation of consent with its conditions by way of registration.

By registration on https://ru.epicstars.com, https://apps.epicstars.com, and using any of its functions, you indicate your consent with conditions of the Agreement, comply with them or discontinue its use.

The Administration of the website reserves the right to change the Agreement without previous notice, but not without nullifying the other ways of notice (through e-mail or website). The new version of the Agreement comes into effect from the moment when it has been laid open on our website, unless the new version of the Agreement provides otherwise.

Administration of the website recommends you to check regularly applicable terms of the Customer Agreement for changes or updates. Continuing to use the website after changes or updates signifies your acceptance of these changes or updates.

Applicable terms of the Customer Agreement are provided at the following link: https://ru.epicstars.com/polzovatelskoe-soglashenie.

Terms and definitions

System – “Epicstars”, epicstars.com – online-service designed to perform User’s advertising campaign on the Platforms belonging to the Users on the right of management. Natural or legal person who needs to promote his/her goods, services and results of intellectual or another activities serves as the User.

Account – unique personal data set allowing identification of User in system and use of any available function.

Account type – type of any account that belongs to system. There are the following account types: standard, extended, full.

User – natural or legal person that has been registered as a blogger or an advertiser in the system.

Blogger – natural or legal person that has been registered in the system and having his/her own online-platform that will allow him/her to place advertiser’s content.

Advertiser – natural or legal person or the User has registered the Account in the System and willing to place the Publication on the Blogger’s Platform.

Platform – resource available on Internet and that User has the right to edit and publish.

Task or Deal – established by the Advertiser conditions, necessary for successful implementation of the Publication on the Blogger’s Platform.

Administration, moderators – customer service and system management representatives.

Conditions – operational rules of the system.

Publication – single post placed on the User’s Platform.

CUSTOMER AGREEMENT ORDINANCE

The present Agreement is designed by the Website Administration and establishes the conditions of using and developing of the Website as well as the rights and responsibilities of the Users and the Website Administration. The Agreement applies to relations concerning the rights and interests of a third party, that are not the Users, but whose rights and interests may be affected as a result of the User’s acts.

The present Agreement is legally binding agreement between the User and the Website Administration addressing the website using services (hereinafter referred to as the Services) delivery to the User by the Website Administration. Apart from he present Agreement, the Agreement contains all special documentation applying to providing the Website’s single services. This documentation is placed in the respective section of the Website.

The User should fully understand the present Agreement for the time being until she/he is registered on the Website. The User’s registration on the Website means his/her full and unconditional acceptance of the present Agreement in accordance with article 438 of the Civil code of the Russian Federation.

The present Agreement and the relations between the Website and the User raised by using of the services are governed by the Russian law.

Any violation or breach of the Conditions gives rise to penalties by the Website Administration. The penalties are stipulated in the criminal, administrative or civil laws of the country on whose territory the acts are undertaken within the System.

WEBSITE ORDINANCE

The Website is an internet resource and represents the accumulations of information and computer software residing across the information system, that provides access to this information at https://epicstars.com/.

All the rights to the Website and using of domain name https://ru.epicstars.com/ belong to the Website Administration. The latter provides the interested public with access to the Website in accordance with the present Agreement and the Russian law.

The present Agreement stipulates the conditions under which the right to make use of the information and intellectual property (including, but not limited to the literary, musical, photographic and audiovisual works, sound tapes, graphic and design creations and computer software) may belong to the Users or others, that create or/and place the stated objectives on the Website without the direct involvement of the Website Administration.

The User has personal non-exclusive and non-transferable right to use the soft provided in the services on one computer as long as either the User or others with assistance of the User do not copy or change the soft; production of derivative software; infiltrate the software in order to obtain the program’s code; modify the services including for obtaining the unauthorized access; sell, lease, make concession, transfer to third party in any other form of rights for the software provided to the User in accordance with the present Agreement.

WEBSITE ADMINISTRATION

In the present Agreement or other invited papers provided on the Website, The Website Administration (hereinafter as the Website Administration, the Administration) can be defined as Vladimir Andreevich Miroljubov, the Sole proprietor and legal person established in accordance with the Russian law and registered at the following address: 31 Respublikanskaya street, apartment 1, Yaroslavl, 150000, Russian Federation.

Proposals, offers and claims of the individuals and legal persons related to the present Agreement, operations of the Website, violation of third party’s rights and interests when using it can be sent to the following postal address: 31 Respublikanskaya street, apartment 1, Yaroslavl, 150000, Russian Federation. Requests from the persons empowered to perform by the Russian law can be sent to the same postal address.

Concerning the functioning and developing of the Website, the Administration is guided by the Russian law, the present Agreement and other invited papers, that are designed or may be designed and accepted by the Website Administration in order to regulate providing the Users with the separate Website services.

Nothing in the present Agreement shall provide the User with the right to use of trading name, trademarks, domain names and other distinguishing signs of the Website Administration. Rights for trading name, domain names and other distinguishing signs of the Website Administration may be provided exclusively by the Website Administration’s written agreement.

REGISTRATION ON THE WEBSITE AND USER ORDINANCE

To take advantage of the Website’s services, the User shall agree to provide accurate and comprehensive information about himself or herself in the fileds of the Registration Form in order to create the User’s personal page including the User’s unique login (email address or combination of roman letters and numbers to access the Website) and password to access the Website and support this information in actual status. In case erroneous information is provided or the Website Administration has serious reasons to believe, that provided information is incomplete or incorrect, the Website Administration has the right to freeze or delete the User’s account and cut the User’s access to the services.

The Website Registration form can request additional information from the User.

The User carries the responsibility for reliability, actuality, completeness, secure from the claims of third party and accordance with the Russian low of the information confirmed on registration.

The registration of the User on the Website is free of charge, voluntary and available at https://ru.epicstars.com/.

The User of the Website is individual with authority registered on the Website in accordance with procedure established in the present Agreement and who is below the permissible age under the Russian law to accept the present Agreement (hereinafter and previously as the User)

After providing the information referred to the first paragraph of the present section of the Agreement, the User shall pass a number of verifying procedures:

After the User successfully registers on the Website, the Administration assumes the rights and obligations before the User under the present Agreement.

After the process of registration is completed, the User can use chosen login and password to personalized access to the Website’s services. The User is fully responsible for the login and password security as well as any act on the Website under the User’s login and password.

The User shall immediately notify the Website Administration of any case of unauthorized (not allowed by the User) access with the login and password and any security violation as well as undertake safe termination of operations under his/her password at the end of each session of work with the Website and ensure the confidentiality of the Website access password.
By accepting the present Agreement through registration on the Website, the User confirms the permission to save, process, network and copy his/her personal data confirmed on registration and placed voluntarily on the User’s page by the Administrations. The User’s personal data processing undertakes under the Russian law. The Website Administration processes the User’s personal data to provide the services to the User and undertake personalized (targeted) marketing activities; check out, research and analyze this data in order to support and improve services and sections of the Website as well as design the new services and sections of the Website.

The Website Administration shall take all necessary measurements to protect the User’s personal data from unauthorized access, changing, disclosure or deletion. The Administration shall restrict the User’s personal data access only to those employees, contractors and the Administration agents, who need to know that information in order to provide operations of the Website and deliver the services to the User.

The Website Administration has the right to use the User’s personal data confirmed on the registration in order to ensure compliance of the Russian law (including to prevent and control unlawful acts by the User). The User’s personal data confirmed on the registration can be disclosed only in accordance with the Russian law upon request of a court and law enforcement agencies and in other cases prescribed by the Russian law.

The information containing the login and the password chosen by the User is necessary and adequate for the User’s access to the Website. The User has no right to give his/her login and password to any third party and is fully responsible for security of it. The User can allow the storage of login and password on hardware and software that he/she uses (through cookie-files) for further automatic authorization on the Website.

Any act conducted through the User’s login and password is considered to be committed by the relevant User unless the contrary is proved.

After registration the User has the right to create, use and define the content of his/her personal page.

The User as a holder of the information placed on his/her personal page is aware that the Website Administration does not take part in shaping and using of the content and controlling of access to the personal User’s page for other users, except in cases established by the present Agreement and the Russian law.

In accordance with the Russian law the User has the right to withdraw the personal data processing confirmation by the following methods:

a) Self-deletion of the information that has been placed by the User on the Website before;
b) Deletion of the User’s personal page. The User’s personal page shall be deleted within the time period required by the Russian law on the User’s written request sent either to technical support service at support@epicstars.com and the following postal address: 31 Respublikanskaya street, apartment 1, Yaroslavl, 150000, Russian Federation. User’s email shall be sent from the email address confirmed on registration or changed during further operations on the User’s personal page. The application requires mobile number, with which the personal page is linked in order to verify an authenticity of the User’s will.

REFERRAL PROGRAM

  1. 1.The Website User can invite the new Users using the possibilities of the referral program integrated in the Website and receive partnerships deductions calculated on the basis of a percentage of their income.
  2. The interest rate is established by the Website Administration on an individual basis. The Administration has the right to reconsider this rate towards increasing or decreasing.
  3. Referral program access is given to the user on an individual basis with the agreement of the Administration.
  4. Сookie-files are stored on the Website within 30 days.
  5. The referral program is valid for one year.
  6. After one year has elapsed since the date of the referral program activation for the User, the Administration has the right to extend this period.
  7. The Website Administration has the right to terminate the validation of the referral program prematurely if the following conditions are violated:
    1. Use of branded key-words (Epicstars, Эпикстарс) in contextual advertising.
    2. Use of any coockie stuffing type.
  8. Once the violations are discovered, the Website Administration has the right to freeze the User’s account temporarily or permanently withholding the funds on the account and without the possibility of withdrawal of funds to the User’s details.

USER’S RESPONSIBILITIES

The Website User shall be responsible for the following:

  1. Complience with the Russian law, the present Agreement and other invited papers of the Website Administration;
  2. Confirming correct, complete and adequate data on registration and its timely updating;
  3. Informing the Website Administration about the cases of unauthorized access to the User’s personal page or unauthorized use of the User’s login and password;
  4. Failure to provide the access to the User’s personal page or separate information placed on the this page for the other Users if it can violate the Russian law, the present Agreement or invited papers of the Website Administration;
  5. Failure to place the information and objects (including an internet reference for) violating the rights and interests of others on the personal page.
  6. Preliminary check on the legality of information and objects (including, but not limited to the images of others and other’s different texts) before the placing;
  7. Secure and failure to provide the other User’s personal data (including, but not limited to the home and email addresses, phone numbers, ICQ and passport and bank details), that has been disclosed as a result of communication with the other Users and any operation on the Website, to the other Users and third party without prior approval of the last-mentioned;
  8. Backup of the User’s information that is important for him/her and store at the User’s personal page.

If there is any doubt about the legality of an action including placing the information or providing the access, the Website Administration recommends to refrain from carrying out the last-mentioned.

When using the Website the User is prohibited from the following:

  • • Registration as the User on behalf of or for another person (“fake account”) or registration of the group of individuals (associations) or legal person as the User. Registration on behalf of or for another person is available subject to empowering in the manner and form provided for by the Russian law;
  • Misleading the Users concerning your personality with the use of login and password of the other User registered;
  • Mispresenting yourself, your age or your relations with other persons and organizations;
  • Loading, storage, publication, dissemination and providing the access or otherwise use any information, that contains threats, discredits, offends, damages honor, dignity or business reputation or violates the privacy of the other Users or third party; violates minor’s rights; is vulgar or indecent, contains vulgar words, pornographic images and texts or graphic and disturbing images involving minors; contains scenes of graphic violence or cruelty to animals; contains description of means and methods of suicide, any incitement to commit it; propagandizes or promotes the activities designed to foment discord, hatred or enmity on grounds of race, nationality or religion, propagandizes the fascism or ideology of racial superiority; contains extremist materials; propagandizes criminal activity or contains steers, instructions, or guides concerning criminal act, contains restricted information including, but not limited to state or trade secret, third party’s private life; contains the advertising or description of narcotic drugs using attractiveness including digital drugs (audio files affecting the human brain by means of binaural beats), information on drugs, methods of their production and steers concerning their consumption; is fraudulent; violates other rights and interests of individuals and legal persons or requirements of the Russian law;
  • illegal loading, storage, publication, dissemination and providing the access or otherwise use intellectual property of the Users and third party;
  • Mass e-mailing without the Users consent;
  • Use the software and carrying out the activities designed to disrupt normal operations of the Website and its services or the User’s personal pages;
  • Loading, storage, publication, dissemination and providing the access or otherwise use viruses, trojans or other malware;
  • Use automated scripts (programmes) without any permission of the Website Administration in order to collect the information on the Website and interact with the Website and its services;
  • Seeking to obtain the access to the other User’s login and password by any means including, but not limited to fraud, breach of trust or hacking;
  • Illegal collection and processing of the personal data of the others;
  • Obtaining (seeking to obtain) the access to the services by other means except through interface provided by the Website Administration unless these actions are agreed separately with the Website Administration;
  • Reproduction, duplication, copying, sale, conducting trade transactions and resale of the services for any purpose except in cases when these actions are agreed separately with the Administration;
  • Commercial and political advertising placement outside special sections of the Website established by the Website Administration. Purchasing the marketed services on the Website is carried out according to the procedure established in invited papers displayed on the Website.
  • Modification, sale, dissemination of content and programmes fully or partly unless specifically authorized by the Website Administration or the Advertiser;
  • Placing any other information that the Administration considers to be undesired, short of goals of the Website design, harmful to the Users or undesirable for placement on the Website for other reasons.

The User is under the personal charge of the information that he/she places on the Website and communicates to the other Users and any interaction carried out at the User’s own risk with the other Users.

Inaction on the part of the Website Administration in case of violation of the provisions of the present Agreement by the User or other User, fail to deprive the Website Administration to take appropriate action to protect the Administration’s interests later and mean surrendering the Administration’s rights in case of further violations.

INTELLECTUAL PROPERTY CONDITIONS

  • Exclusive rights for the content placed on the Website.
  • Any material placed on the Website including graphic and design creations, illustrations, scripts, programmes and the other materials (hereinafter as the Content) are the subjects of exclusive rights owned by the Administration, the Website Users and other right holders. All rights for these subjects are reserved.
  • Except to his/her own Content, the User has no right to load or place on the Website by any other means the Content of the other websites, data bases and other results of intellectual activities without permission of the right holder.
  • Any use of the Website or the Content without the prior written permission of the right holder is restricted except in cases when this use is agreed in the present Agreement or the right holder expresses his/her explicit consent to this use.
  • Unless specified otherwise in the present Agreement, nothing in the present Agreement in considered as transferring of exclusive rights for the Content.

Responsibilities for exclusive right violation

  1. The User in obliged for any Content or information that he/she loads or otherwise makes a public (publishes) on the Website or by its mean. The User has no right to load, transfer or publish the Content on the Website if he/she does not have the appropriate rights for these actions. These rights may be sold or transferred to the User in accordance with the Russian law.
  2. The Website Administration is not obligated to check the Website for prohibited Content and can delete or move (without any permission) the Content for its own reason, for any or no reason, including movement or deletion of the Content which in its own view violates the present Agreement, the Russian law or/and may violate the rights, harm or threaten the security of the other Users or third party.
  3. By placing his/her Content on the Website, the User gives the rights to copy his/her Content to the Administration in order to streamline and facilitate placing and storage of the Content on the Website.
  4. By placing his/her Content at any part of the Website, the User automatically gives the Administration non-exclusive rights to use it by mean of copying, public performance, reproduction, translation and dissemination for or in connection with the Website’s goals including its popularization. For the said purposes the Administration can produce derived works or insert the User’s Content as integral parts in relevant compilations and carry out any other act aimed to achieve the said goals.

If the User deletes his/her Content from the Website, the rights mentioned in paragraphs c) – d) of the present section of the Agreement will be withdrawn automatically, but the Administration has the right to storage the archived Content of the User for an undetermined period.
Third party Websites and the Content

  • The Website contains (or may contain) links to other websites (the third party website) as well as articles, photography, illustrations, graphic images, music, sounds, video, information, applications, programmes and the other Content which as a result of intellectual activities belongs to the third party (the third party Content) and is protected in accordance with the Russian law.
  • Mentioned third party and its Content are not checked by the Administration for the particular requirements (reliability, completeness, conscientiousness, etc.). The Administration is not responsible for any information placed on the third party website to which the User accesses through the Website or the third party Content including any view and assertions expressed on the third party Website or its Content.
  • Placed on the Website links and guidances for downloading and installing files and software of the third party does not support or endorse these actions on the part of the Administration.
  • The link to any website, product, service, any information of a commercial or non-commercial nature placed on the Website does not endorse or recommend these products (services) on the part the Administration.
  • If the User decide to leave the Website and access any third party Website, use or install the software of the third party, the User do so at his/her own risk and the present Agreement is not subject to the User at that moment. Then the User shall be guided by applicable rules and policy including business practices of the persons whose Content the User intends to use.

OPERATIONS AND RESPONSIBILITIES WHEN USING WEBSITE

The Users are responsible for their actions containing generation and placement of the information on their own personal page on the Website and in other sections of the Website in accordance with the Russian law.

The Website Administration provides technical possibility of its using by the Users, but does not take part in shaping of the User’s personal page content, control and respond for actions or inactions of any person in relation to use the Website and shaping or use the User’s personal page content on the Website.

There is no technical solution in data system and software of the Website, that automatically applies censorship and control of the actions and information relations of the Users on use of the Website.

The administration has the right to change the Website’s design, its content, list of the services, change or add utilized scripts, software and other objects used and stored on the Website and any server application with or without prior notification at anytime.

The Website Administration does not carry out prior moderation or censorship of the User’s information and secures the rights and interests of individuals and provides the compliance with the Russian law only if interested party appeals to the Website Administration under procedure required.

The Website Administration is not responsible for the violation of the present Agreement by the User and has the right to change (moderate) or delete any information published by the User, that violates the prohibitions established by the present Agreement (including private messages), suspend, stop or cease the User’s access to whole or any part of the Website’s sections or services at anytime with or without giving any reason, with or without prior notification and without being responsible for any harm that the User experiences by this action.

The Website Administration reserves the right to delete the User’s personal page or/and suspend, stop or cease the User’ access to any service of the Website if the Website Administration discovers at its own view, that the User poses a threat to the Website or/and the other Users. The Website Administration does not respond for temporarily freezing or deletion of the information or deletion (termination of the registration) of the User’s personal page carried out in accordance with the present Agreement.

The deletion of the User’s personal page means automatically deletion of the information placed on this page as well as the User’s information confirmed on the registration. After deletion of the personal page the User is disqualified from the access to the Website.

The Website administration provides the operations on the Website and shall restore its operational in case of technical malfunctions and updates. The Website Administration does not respond for technical malfunctions and updates in on the Website owing to information loss. The Administration does not respond for any harm to computer of the User or other person, mobile device, any other device or software caused by downloading of the materials from the Website or at the links placed on the Website.

The Website Administration has the right to manage statistical information connected with the operational of the Website and the User’s information in order to provide relevant advertising information to different audiences of the Website Users. In order to organize the operational and technical support of the Website and implementation of the present Agreement the Website Administration has the technical capacity to access to the User’s personal page, that is realized only in cases specified by the present Agreement.

The Website Administration has the right to send the information concerning development of the Website and its services to the User and advertise its own business and services.

The User acknowledges, that the Website Administration may restrict the use of the services including the following ones: storage time of any content, maximum amount of disk space, maximum number of applications to the service over a stated time period, etc. The Website Administration may forbid automatic use of these services and suspend the receiving of any information automatically generated. The Website Administration may send information massages to the Users. The Website Administration does not respond for any delay, malfunction, missed or late delivery, removal or loss of any of the User’s information. The User agrees that the Administration has the right to delete the Users who has not used their access over a long period of time.

GENERAL RULES OF USER AND SYSTEM ADMINISTRATION RESPONSIBILITY

The registration on the System is entirely voluntary in character. While providing constant, best possible and usable interactions between the Users, the Administration does not respond for any harm to the Users caused by use or inability to use the System.

The User acknowledges that the advertising of particular goods and services in the country on whose territory activities are carried out within the System, is limited by acting legislation of this country; inconsistency of the advertising placed on the platform with the requirements of the law may be considered by law enforcements or other bodies as the commission of a crime or misdemeanour imputable to the person has placed such Publication.

СONFIDENTIALITY POLICY

The System Administration shall keep confidential the information it obtains from registered Users and transfer the information in accordance with the procedure prescribed in Criminal and Administrative Procedure or any other existing legislation of the country on whose territory activities are carried out within the System.

The User is prohibited from dissemination of any information made known to him/her during the operations with the System unless the User find this information not to be confidential. The User independently provided the access to his/her Account to third party, bears full responsibility for consequences with regard to his/her actions.

The User shall strictly safeguard his/her data (login, password and other data) for access to the System and prevent it from disclosure to third party. The Administration is not responsible for User authorization data security.

USER COMMUNICATION ETHIC REQUIREMENTS

The System Administration permits polite, business and unprejudiced relations and mutual respect between the Users.

Any User with account in the System shall be proper in letters and personal conversations with the other User(s) and avoid utterances aimed at humiliating, obscenity, discrimination on the ground of racial, religion, sex or other considerations, erosion of credibility, authority and image of the other Users, the Administration and the System as a whole.

The User shall prevent unverified, false, misleading and other information that harm or may harm to the Users, the Administration, System authority and third party from dissemination.

The User shall delete such information from personal platform upon the request of the Administration and undertake all possible measures to refute this information if it has been published in mass media (disseminated through radio or television or by other mean).

PENALTIES FOR NON-COMPLIANCE WITH CONDITIONS

The Administration has the right to:

  1. warn the User violated one or more of the required Conditions about potential consequences of such non-compliance;
  2. freeze the Account of the User who violate one or more required Conditions for the period that is necessary for clearing up and elimination of the consequences of such non-compliance;
  3. suspend the activity of the User’s Platform if at least one of its features violates the Condition and the Agreement requirements until these violations are eliminated.
  4. delete the User’s Account when there are substantial grounds for believing that his/her action or inaction connected with the use of Account unavoidably leads to harm to the Administration or third party or is (will be) criminal or illegal;
  5. freeze present partnership between registered users if the indications of dishonesty violating the Conditions are discovered.

The User who does not agree with any of mentioned acts has the right to send sound appeal to the support service or support@epicstars.com.

DISPUTE RESOLUTION AND PROCEDURE FOR PROCESSING APPLICATIONS

Any disputes between the Users as well as between the User and the Administration are considered upon the applications sent to support@epicstars.com in accordance with the Conditions. Any correspondence between the Users outside the system and consequences caused by such correspondence may not be considered by the part of the Administration.

In processing of the applications the Administration is guided by the principle of objectivity, comprehensiveness and interest in speedy and fair resolution to the dispute, taking into account the concerns of all party.

Replies to the user’s applications are given within 5 days from the date of receipt. Shall additional actions (conducting technical work, arrangement,etc) be required for provision of the application, the System Administration shall notify the User(s).

SYSTEM ACCOUNT REGISTRATION

Any User has the right to register only account in the System. However an unlimited number of the Platforms may be placed on one Account.

SYSTEM PLATFORM REGISTRATION

In registration of the Platform and its further check moderator estimates an appearance, content and suitability of the Platform for the Publication placement in accordance to a specified subject. The moderator has the right to decline the platform for addressing shortcomings or indefinite term if these shortcomings are discovered.

Only the User that has the right to manage the data of the Platform or is its official representative is entitled to add the platform. The moderator and the System Administration are entitled to require relevant evidence of these rights and powers.

The moderator is entitled to decline the Platform if:

  1. the Platform violates the Conditions of the Service and the present Agreement;
  2. the Platform is disabled to leave comments or the most of the comments are left by the spambots duplicating their records on several Platforms;
  3. the content of the Platform violates the requirements of the legislation in force of the country on whose territory actions are committed within the System.
  4. the Platform includes automatically generated (or without obvious meaning) or other content;
  5. the Platform includes the following types of the content:
    1. encourage of illegal actions or violence and brutality;
    2. advocacy of the law violation;
    3. erotic or pornographic content (unless it provided by the System Conditions);
    4. humiliating images, comparisons and expressions based on sex, race, ethnicity, occupation, social group, age, ethical or moral principles and official religious or state symbols;
    5. anti-PR and black PR;
    6. unverified or misleading information;
    7. the advertising of the goods whose distribution is forbidden or limited (narcotic drugs, explosives, weapons,etc.) in the country on whose territory the actions are committed within the System.
  6. There are a lot of advertising publications and (or) spam on the Platform.

Additional requirements for the Platforms:

1. The Platform created exclusively for earning is forbidden to add to the System and send to the moderation;
2. The fake Platforms with similar content are forbidden to add to the System.

PLATFORM BLOCKING

The System Administration finds the blocking reasonable and necessary in case when the User violates the interests of the System Administration, the Users and(or) third party, irrespective of the intent of the action.

The System Administration is entitled to block the Platform without any notification if:

  1. the content placed on the Platform or task completed violates the requirements provided in the conditions or the Task;
  2. many Advertisers often blacklist the Platform and estimate the quality of the task performed as unsatisfactory, that is, more than half of evaluations are estimated as “2” ;
  3. support service often receives the applications concerning blogger’s failure to complete all the task parts or meet the service conditions from the advertisers;
  4. the blogger systematically fails to complete the task;
  5. the Platform statistics is overrated in order to mislead the service administration and the advertisers
  6. in other cases established by the Conditions.

BLOGGER: ADVERTISER TASK PERFORMING PROCEDURE

Task performing

The blogger receives payment from the Advertiser. The payment bears strong relation to the Deal that is performed by the blogger.

In every case, payment rate for the particular Task or Deal is established by the Advertiser. The Advertiser is entitled to change this rate in future, but it is fixed when dealing and updating to “in progress”.

In case when the Advertiser offers the Deal to the Blogger and the Blogger agrees to perform it, the Blogger shall notify the Advertiser of a placement time via chat of this Deal within 3 days from the date of updating of the Deal status at “in progress” . Otherwise after 3 days, the Advertiser has the right to initiate the procedure to cancel the Deal and refund of payment freezed and paid for the Deal onto his/her internal balance.

If the Advertiser asks the Blogger in a private correspondence to decline the task before the beginning of implementation and accepting of the Deal and the Task, the Blogger shall comply with his/her request and decline the Deal or the Task. Otherwise the advertiser is entitled to apply to support service for canceling of the Deal with this blogger.

The Blogger shall place the Publication on his/her Platform strictly in accordance with the Deal, the Task and additions provided in private correspondence before the beginning of task implementation.

If the Advertiser fails to duly explain a clarification to the Blogger, the last-mentioned is entitled to perform the task through his/her own interpretation of the Deal or the Task.

The Blogger places only one Publication on his/her Platform to perform each Task unless otherwise specified by the Advertiser.

In each Publication the Blogger shall place only one Publication for one Advertiser. Otherwise the Blogger shall notify the Advertiser of existance of advertising or other content in this Publication and perform the Task only upon receipt of the approval upon such condition of the Advertiser.

In case when the Advertiser forbids to mention the System or indicate by any other means that the Publication is paid in the Task or the Deal, the Blogger shall comply this requirement. The Account of the blogger violated this condition may be freezed by the Administration.

The Blogger is strictly forbidden to place the Publications in the records made on the platform before the deal (post factum) unless otherwise specified in the Advertiser’s task or conditions of its implementation.

The information placed on the other resources is strictly forbidden to copy and publish. These acts shall be permissible only under a consent of the Advertiser. If unagreed cases of such copying are discovered, the Advertiser has the right to require the Blogger to elaborate or cancel this Deal or Task with full or partial refund.

The Blogger is forbidden to indicate directly or indirectly his/her contact details (phone number, e-mail address, skype login name and others) in correspondence with the advertiser. When discovered, the Blogger is cautioned by the System Administration. The Blogger’s Account may be freezed in case of repeated violations.

The User is aware of responsibilities of the placement of the Publication whose content:

  1. violates existing laws of the country on whose territory actions are carried out within the System;
  2. includes black PR or anti-PR, erotic or political material and links to its source;
  3. includes vulgar words, indecent and humiliating images, offensive comparisons and expressions based on sex, race, age, ethnics, occupation, social group, religious and official state symbols;
  4. includes inadequate or misleading information;
  5. incites to illegal acts or advocates violence and brutality;
  6. includes the advertising of the goods whose distribution is forbidden or limited (narcotic drugs, explosives, weapons,etc.) in the country on whose territory the actions are committed within the System.

USER PAYMENT PROCEDURE

There is internal settlement account for every User in the System through which all entering and exiting transactions are settled.

The settlements with the User are based on the request of last-mentioned applied to the System, within 7 working days from the date of receiving of the request. In exceptional cases delay up to 30 calendar days is possible. The User shall provide the necessary sum according to amount of money on the User’s personal settlement account, but no less than 500 rubles.

For security reasons, first payment may be delayed for a maximum of 14 days.

The System charges floating from 10% to 30% fee (agent’s commission) from each successful deal that is charged from the user when withdrawing earned money.

An additional commission fee is charged for payment to the User through several payment systems. The rate of this fee is established by the System Administration and based on processing system partner commission.

ADVERTISER: RIGHTS, OBLIGATIONS AND RESPONSIBILITIES

The procedure of balance updating and the settlement with the Advertiser

The Advertiser is aware risk of dispute concerning timeliness and accuracy of the settlements in case when payment for the publication is made outside the System.

The advertiser is not recommended to make a payment for the Blogger’s services outside the System in order to avoid disputes concerning timeliness and completeness of this payment.

Blogger request handling

The interactions between the advertiser and the blogger are carried out by the following methods:

1. The Advertiser shall independently select the platform in the System and apply to the blogger for publication placement.The blogger shall accept or refuse the Task received.
2. The Advertiser shall independently select the requests from the Bloggers for Publication placement that were sent as a response to the Task published earlier by the Advertiser.

Tasking

Prior to the start of work, the Advertiser shall prepare the Task including the details of planned Publications.

The Advertiser is recommended to provide in his/her Task the following:

  1. Exact wording of requirements (goals of a company and the Blogger, the Publication appearance requirements, precise references provided in the publication, successful examples of the other Publications on similar subject, additional references and materials that can help to perform the Task, etc.);
  2. Media-content required for the placement (graphic image,photo or video). If the Blogger confirms his/her intention to implement the Task by mean of his/her own content, the Advertiser shall provide the subject of this content and desires for it.

The Advertiser is fully aware of the responsibility of requiring the publication from the Blogger whose content:

  1. violates existing laws of the country on whose territory actions are carried out within the System.
  2. includes black PR or anti-PR, erotic or political material and links to its source.
  3. includes vulgar words, indecent and humiliating images, offensive comparisons and expressions based on sex, race, age, ethnics, occupation, social group, religious and official state symbols.
  4. includes inadequate or misleading information.
  5. incites to illegal acts or advocates violence and brutality.
  6. includes the advertising of the goods whose distribution is
    forbidden or limited (narcotic drugs, explosives, weapons,etc.) and sale of documents, diplomas and certificates without compliance of the relevant requirements.
  7. includes the advertising of games of chance and bet (online
    casino, slots, etc.)

The Advertiser is forbidden to send advertising massages under the guise of offer to the Bloggers or other content which is not the task according to the Conditions as well as provide company’s contacts within the System for communication outside the system.

The Advertiser shall consider the requests from the Bloggers within 1 month. With over 200 requirements that are not considered by the Advertiser within this deadline, the Administration is entitled to suspend the Advertiser’s advertising campaign to determine the reasons for this delay.

When disputes arose between the Users, the Administration makes a decision based on the Task and the Deal concluded between the Users. Ambiguous Task and Deal conditions shall be assessed in favour of the Blogger.

The Administration is entitled to freeze the account or the platform of the Advertiser or the Blogger in case of violation of any present Condition,directly or indirectly, to determine the circumstances of that violation or delete this account.

PUBLICATION PLACEMENT FEATURES

The Advertiser’s advertising content is placed in the Blogger’s Publication within the period of existing of the platform unless otherwise is specified or agreed in the Deal or the Task.

The System Administration adopts all measures to ensure the safety of the Platforms and the Publications, but does not guarantee such safety as it does not have any instrument or legitimate right to reduce the Users to full compliance with the present Conditions.

If the Blogger fails to implement the task within 5 days from the date of approval of the deal (updating of the Task or Deal status to “In progress), the amount freezed for payment for the Task or the Deal refunds on the advertiser’s account.

The prices provided on the Website are not fixed and may be revised for the Deals.

If the Advertiser discovers lack of advertising content after successful completion of the Deal or the Task, he/she has the right to require from the Blogger to reset the modified publication to the original default form or place the new publication which respects the original task conditions. Otherwise the Administration is entitled to retain the amount paid for this Publication from the Blogger’s settlement account.

REVISION AND MODIFICATION OF PUBLICATION

Revision of publication

The Advertiser has the right to require from the Blogger to improve the Publication if it in his/her own view violates the conditions of the Deal or the Task and the Conditions of the System. The Advertiser shall determine the reason for revision of the Publication.

The Blogger has the right to comply revision of the Publication required if this revision meets the Deal and the Task and the System Conditions.

If the Advertiser determines the reason for revision which complies with the Deal and the Task and the Publication revised by the Blogger more than twice fails to complies this reason, the Advertiser has the right to apply to the System support service in order to understand prevailing conditions.

The Blogger has the right to request a payment and an evidence from the support service of the work performed if:

  1. The Advertiser requests a revision of the publication that is in full confirmity with the appropriate conditions of the Task and the Deal and the System Conditions more than twice;
  2. For some reason the Advertiser fails to check the Blogger’s Publications, it is confirmed as being performed within 7 days.

The correspondence between the Advertiser and the Blogger stored at the System is the first priority in resolving disputes. Any correspondence outside the service violates the Conditions and shall not be a guide to disputes resolving.

Modification of paid publications

The publication which has already been paid may be modified by the System Administration only with the mutual consent of the Advertiser and the Blogger.

The Blogger is forbidden to delete the Platform or any Publication. If the Blogger deletes the Platform or the Publications which has already been paid without the Advertiser’s permission or restrict the public access to the Publication of the Platform, the Administration is entitled to suspend the payment without any prior notification or grant other interim measures in order to provide fair compensation for the Advertiser.

If the Blogger does not have enough amount on his/her settlement account, the Administration has the right to freeze his/her account until the facts of deletion or misrepresentation of the information provided in the Deal or the Task are fully developed. In certain cases, the System Administration has the right, with a reasonable justification, to refund payment to the Advertiser if the Administration is notified by him/her in case when the Blogger’s guilty of deletion of the publication is not proven.

ADMINISTRATION RIGHTS AND OBLIGATIONS

The System is designed only to provide an effective collaboration between the User. The System Administration while providing its smooth operation and updating, does not respond for results of any advertising campaign, the task adequacy and the User’s marketing strategy.

The Administration has the right to request any additional information from the User concerning his/her work in the System.

Payment procedure

The Administration has reserves the right to independently establish a procedure and currency of payment within the System. The System Administration shall notify the Users of any change concerning payments between them within 1 working day through placing relevant information on the website or mailing to addresses confirmed by registration on the Website.

Account blocking

The decision on blocking of the User’s Account is made by the Administration and may be reconsidered on the basis of a reasoned request from the User within 14 calendar days. The request is considered within a general order of the Conditions.

If the User’s account is blocked following the decision by the Administration, the Administration is entitled to annulate any Deal or Task of this User without refund of amount paid for this Deal or Task by parties. Each situation is considered on a case-by-case basis.

When blocking or deletion of the account, all payments are made solely with funds from the User’s current account balance.

Amount from the User’s current account balance is paid to the last known payment details if it equals withdrawal amount in excess of the minimum.

In the absence of information about payment details, the System Administration is committed to adopt all measures to notify the User of the rate of this amount via email. The User (former user) shall independently reconcile with the Administration refund method and term of the amount that he/she has on the current account balance.

CONFIDENTIALITY

The User agrees that the System Administration has the right to transfer, receive, store and use any type of data and information received during the provision of services to the User.

For its part, the System Administration ensures to protect received data from the dissemination to third party for commercial purposes.

LIMITATION OF ADMINISTRATION’S RESPONSIBILITY

THE WEBSITE AND ITS SERVICES INCLUDING SCRIPTS, APPLICATIONS, CONTENT AND WEBSITE APPEARANCE ARE PROVIDED ON AN “AS IS” BASIS. THE ADMINISTRATION REJECTS ANY GUARANTEE THAT THE WEBSITE OR ITS SERVICES MIGHT OR MIGHT NOT BE MOST APPROPRIATE TO PARTICULAR USE. THE ADMINISTRATION IS UNABLE TO GUARANTEE ANY SPECIFIC RESULTS FROM USING THE WEBSITE OR ITS SERVICES.

THE WEBSITE ADMINISTRATION DOES NOT GUARANTEE THAT THE SERVICES MEET THE USER’S REQUIREMENT, ARE PROVIDED IN THE CONTINIOUS, RELIABLE AND ERROR-FREE MANNER, BUT RESULTS THAT CAN BE PRODUCED USING THE SERVICES ARE
ACCURATE AND RELIABLE; QUALITY OF ANY PRODUCT, SERVICE, INFORMATION AND, ETC. RECEIVED USING THE SERVICES COMPLIES WITH THE USER’S EXPECTATIONS, ALL ERRORS IN THE PROGRAMMES ARE FIXED.

IN ORDER TO AVOID CONFUSION THE USER SHOULD COMPLY WITH THE MEASURES OF PROTECTION IN DOWNLOADING FROM THE WEBSITE OR THROUGH THE LINKS PLACED ON THE WEBSITE AND USING ANY FILES INCLUDING SOFTWARE. THE WEBSITE ADMINISTRATION STRONGLY RECOMMEND ONLY LICENSED SOFTWARE AND ANTIVIRUS SOFTWARE.

BY USING THE WEBSITE, THE USER AGREES THAT HE/SHE DOWNLOADS ANY MATERIAL FROM THE WEBSITE OR BY ITS MEAN AT HIS/HER OWN RISK AND RESPONDS FOR THE POSSIBLE CONSEQUENCES FROM USE OF THIS MATERIAL INCLUDING HARM THAT MAY BE CAUSED TO THE USER’S COMPUTER OR THIRD PARTY, DATA LOSS AND OTHER DAMAGE.

UNDER NO CIRCUMSTANCES SHALL THE ADMINISTRATION RESPOND BEFORE THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, ACCIDENTAL AND UNINTENTIONAL HARM INCLUDING LOSS OF PROFIT OR DATA LOSS, HARM TO HONOR, DIGNITY OR BUSINESS REPUTATION CAUSED BY USING THE WEBSITE, CONTENT OF THE WEBSITE OR OTHER MATERIALS TO WHICH THE USER OR OTHERS GAIN ACCESS BY MEANS OF THE WEBSITE EVEN IF THE ADMINISTRATION HAS ALREADY WARNED AND INDICATED THE POSIBILITY OF THIS HARM.

FINAL CLAUSES

The present Agreement constitutes the agreement between the User and the Website Administration relating to use of the Website and its services and supersedes all previous agreements between the User and the Administration.

The resent Agreement is governed and interpreted in accordance with the Russian law. The matters not yet agreed upon the Agreement are to be resolved in accordance with the Russian law.

When any disputes arose, the User and the Administration make every effort to resolve it through negotiations. If the disputes fail to be resolved through the negotiations, the disputes shall be settled in accordance with the Russian law.

The present Agreement shall come into force for the User since his/her accession to it and remain in force for an indefinite amount of time.

Nothing in the present Agreement can be taken as establishment betweet the User and the Administration agent relations, community relations, relations for mutual activity, relations of own hire.

The present Agreement is drawn up on English language and may be made available to the User for consultation in other language. In cases of discrepancy of Russian and English language versions, the clauses of Russian version of the present Agreement apply.

Should any provision of the present Agreement be for any reason invalid or unenforceable, all other provisions of the present Agreement shall remain in full force and effect.

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