This User Agreement (hereinafter referred to as the "Agreement") has been developed in order to regulate relations between the Administration of the information resource "myheadphone.bigbadmole.com/en/" (hereinafter referred to as the "Administration") and the User searching and distributing information on the resource located in the Internet at the address: myheadphone.bigbadmole.com/en/ (hereinafter referred to as the "Resource").
1. GENERAL PROVISIONS
1.1. The use of materials and services of the Resource is governed by the norms of the current legislation.
1.2. This Agreement is a public offer. By accessing the materials of the Site, the User is considered to have acceded to this Agreement.
1.3. The administration has the right at any time to unilaterally change the terms of this Agreement. Such changes come into force from the moment the new version of the Agreement is posted on the Site. If the User disagrees with the changes made, he is obliged to refuse access to the Site, stop using the materials and services of the Site.
1.4. Information Resource myheadphone.bigbadmole.com/en/ is a platform for posting information and is not a mass media.
1.5. The administration of the Resource has a contractual relationship with the authors, whose works of authorship and information are posted on the information Resource myheadphone.bigbadmole.com/en/.
1.6. The administration does not edit the published works of authorship and information specified in clause 1.5, and is not responsible for its content.
1.7. Using the information posted on the Resource, the User understands and agrees that the Administration is not responsible for the content of the posted information. The authors of the information posted through the Resource independently represent and protect their interests arising in connection with the placement of this information in relations with third parties.
1.8. The Administration informs the Users that the following information is not posted on the Resource:
aimed at propaganda of war, incitement of national, racial or religious hatred and enmity;
not complying with the norms of morality and ethics;
violating the rights and protected interests of others;
other information, the distribution of which is prohibited.
1.9. The administration reserves the right to delete any information posted on the Resource without giving any reason.
1.10. The Resource respects and protects copyright and related personal property and non-property rights. The use of works without the consent of the author is allowed only in cases established by law.
1.11. Any person who believes that his rights and legally protected interests are violated by the posted information specified in clause 1.5, has the right to file a claim directly with the author of such information.
2. SUBJECT OF THE AGREEMENT
2.1. The subject of this Agreement is to provide the User with access to the information contained on the Resource.
2.1.1. The resource provides the User with the following types of services:
- access to the search and navigation tools of the Resource;
- providing the User with the ability to post messages, comments, and ratings;
- other types of services sold on the Resource.
2.1.2. This Agreement covers all existing (actually functioning) at the moment the services of the Resource, as well as any subsequent modifications and additional services of the Resource appearing in the future.
2.2. Access to the Resource is provided free of charge.
2.3. This Agreement is a public offer.By accessing the Resource, the User is considered to have acceded to this Agreement.
2.4. The use of materials and services of the Resource is governed by the current legislation.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The user has the right:
3.1.1. Freely search, receive, transfer, produce and distribute information on the Resource in any legal way;
3.1.2. Use all the services available on the Resource;
3.1.3. Ask any questions related to the services of the Resource.
3.2. The administration has the right:
3.2.1. Create, modify, cancel the Terms of Use of the Resource at its own discretion;
3.2.2. Unilaterally amend this Agreement;
3.2.3. Restrict access to the Site if the User violates the terms of this Agreement.
3.3. User Obligations:
3.3.1. Observe the property and non-property rights of authors and other rightholders when using the Resource.
3.3.2. Do not take actions that may be considered as disrupting the normal operation of the Resource.
3.3.3. Do not distribute using the Resource any confidential and legally protected information about individuals or legal entities.
3.3.4. Avoid any actions as a result of which the confidentiality of information protected by law may be violated.
3.3.5. Do not use the Resource to disseminate information of an advertising nature, except with the consent of the Administration.
3.3.6. Do not use the services of the Resource for the purpose of:
- uploading content that is illegal violates any rights of third parties;
- promotes violence, cruelty, hatred and (or) discrimination on racial, ethnic, gender, religious, social grounds;
- contains inaccurate information and (or) insults to specific individuals, organizations, authorities;
- inducement to commit illegal actions, as well as assistance to persons whose actions are aimed at violating restrictions and prohibitions;
- violation of the rights of minors and (or) causing them harm in any form;
- representing yourself as another person or representative of an organization and (or) community without sufficient rights, including for the employees of this Resource.
3.4. The user is prohibited from:
- Use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or track the content of the Resource.
- Disrupt the proper functioning of the Resource.
- In any way to bypass the navigation structure of the Resource to obtain or attempt to obtain any information, documents or materials by any means that are not specifically provided by the services of this Resource.
- Unauthorized access to the functions of the Resource, any other systems or networks related to this Resource, as well as to any services offered on the Resource.
- Violate the security or authentication system on the Resource or in any network related to the Resource.
- Perform a reverse search, track or try to track any information about any other User of the Resource.
- Use the Resource and its content for any purpose prohibited by law, as well as incite any illegal activity or other activity that violates the rights of the online store or other persons.
4. OTHER CONDITIONS
4.1. All possible disputes arising from or related to this Agreement are subject to resolution in accordance with applicable law.
4.2. Nothing in the Agreement can be understood as the establishment between the User and the Administration of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for by the Agreement.
4.3.Recognition of any provision of the Agreement as invalid does not entail the invalidity of other provisions of the Agreement.
4.4. Inaction on the part of the Administration in case of violation by any of the Users of the provisions of the Agreement does not deprive the Administration of the right to take later appropriate actions in defense of its interests and protection of copyrights to the materials of the Resource protected in accordance with the legislation.
4.5. The user understands and agrees that the information posted by him can be used by search or other automated services and in other ways.
4.6. The administration is not responsible for the discrepancy between the services expected by the User and the services actually received.
4.7. In the event of force majeure, that is, extraordinary and unavoidable circumstances under these conditions, the Administration does not guarantee the safety of the information posted by the User, as well as the uninterrupted operation of the Resource.
5. RESPONSIBILITY OF THE PARTIES
5.1. Any losses that the User may incur in the event of intentional or reckless violation of any provision of this Agreement, as well as due to unauthorized access to the communications of another User, are not reimbursed by the Administration.
5.2. The administration is not responsible for:
5.2.1. Delays or failures in the process of performing an operation arising from force majeure, as well as any case of malfunctions in telecommunications, computer, electrical and other related systems.
5.2.2. Actions of transfer systems, banks, payment systems and for delays associated with their work.
5.2.3. Information posted on the site provided for in clause 1.5 of this Agreement.
5.2.4. The proper functioning of the Resource, if the User does not have the necessary technical means to use it, and also does not bear any obligations to provide users with such means.
6. DISPUTE RESOLUTION
6.1. In the event of any disagreement or dispute, a prerequisite before going to court is to submit a claim (a written proposal for a voluntary settlement of the dispute).
6.2. The recipient of the claim within 30 calendar days from the date of its receipt shall notify the applicant of the claim in writing about the results of the consideration of the claim.
6.3. If it is impossible to resolve the dispute on a voluntary basis, any of the Parties has the right to apply to the court for the protection of their rights, which are granted to them by the current legislation.
6.4. Any claim regarding the terms of use of the Resource must be filed within 14 calendar days after the grounds for the claim arise, with the exception of copyright protection for the materials of the Resource protected in accordance with the law. In case of violation of the terms of this clause, any claim or grounds for a claim will be extinguished by limitation of actions.
7. ADDITIONAL TERMS
7.1. The administration does not accept counter offers from the User regarding changes to this User Agreement.
7.2. User reviews posted on the Resource are not confidential information and can be used by the Administration without restrictions.