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SMMplanner: the social networks management system

User Agreement

This User Agreement (hereinafter as Agreement) is an offer of Dmitry Yurievich Bashkatov, sole proprietor (hereinafter as Administrator), addressed in accordance with Article 437 of Civil Code of the Russian Federation to any person using the Service (hereinafter as User) under the following terms.

Registering for the Service is full and unconditional acceptance of all of the terms and conditions of the Agreement by User.

Definitions

  1. Subject Matter
    1. Administrator gives User a non-exclusive license to use Service.
    2. User shall use the Service according to Agreement, Policy, Offer and the current Russian Federation law.
  2. Access to Service
    1. User shall pass registration procedure offered by the Service.
    2. User shall provide true personal data while registering. The required personal data are defined by registration form.
    3. After receipt of personal data from User, Administrator shall send to the e-mail address, indicated by User, a link to Service.
    4. From the moment of clicking the link, User gets an access to Account and is considered registered on the Service.
      1. If User has not received the link to the Service for any reasons, he/she shall send a request for access to Administrator using e-mail entered during registration.
      2. After successful check of the User’s e-mail, Administrator shall activate the access to Account. The access is considered provided from the moment of such activation.
    5. User is entitled to get access to restricted functions of Service via e-mail without passing the full registration procedure.
      1. For this purpose, User shall employ function of Service to authorize via any social media and enter e-mail into the relevant field. After entering e-mail, User is entitled to use the restricted function of Service that is limited to Ten (10) publications of Content.
    6. From the time of registration, User is provided with Trial Rate that includes trial access to the extended functions of Service for Seven (7) calendar days.
      1. Administrator is entitled to extend period of use of Trial Rate with User being notified via e- mail.
      2. At the expiration of the term of Trial Rate, User is entitled to choose and pay for one of Rates offered by Service, otherwise the access to the extended function of Service is denied.
    7. User is entitled to provide access to Account to third persons for working in the Service.
    8. Actions of User in Service are considered done by him/her in person or an authorized person.
    9. In case of security breach or loss of access to Account, User shall immediately notify Administrator. After successful check of User’s data and account affiliation, Administrator shall return the access to Account.
  3. Intellectual Property Rights
    1. Administrator shall have an exclusive right to Service and its functions, developed during the performance of Agreement.
    2. Non-exclusive license is limited to the “right to use”, and none of the provisions in this Agreement involves transferring of any exclusive rights on Administrator's Service to User.
    3. Administrator shall provide User with the right to use Service for the effective period of Agreement.
    4. By uploading content to the Service, User grants Administrator with the right to store and process Content for the purpose of Agreement.
    5. Time period for storing of User’s Content in the Service shall be Two (2) years from the date of its placement.
    6. Administrator or/and other rightholders shall have an exclusive right to Content. Any use of the Service or Content, except for allowed use or clearly defined consent of the rightholder, is forbidden without the prior written consent of the rightholder.
  4. Terms of Use
    1. User is entitled to use Service according to its functions.
    2. The scope of Service functions is provided by Account.
    3. Administrator is entitled to restrict the use of separate function of the Service for all or some Users, as well as restrict the placement of certain information.
    4. Administrator shall provide User with support and maintenance via chat and/or e-mail. Administrator is entitled to unilaterally change scope and limit of support, times of respond, communication channels.
  5. Parties' Guarantees
      Administrator:
    1. guarantees availability of legal rights on the Service.
    2. does not guarantee that Service meets the requirements of User; runs permanently, fast, reliable and flawless; quality of any product, service, information etc. acquired via the Service will meet the requirements of User.
    3. User:
    4. in case of partial or limited capacity, User guarantees to Administrator that he/she has written consent of his/her legal representative on conclusion of Agreement and processing of personal data. on behalf of incapable User, the acceptance shall be made by his/her guardian.
    5. guarantees the availability of rights to Content and observation of Agreement, Offer and policies of social media where Content is placed.
  6. Actions Forbidden in the Service
      User is forbidden to:
    1. Employ Service by means not prescribed by Agreement and Offer, as well as violate Privacy Policy;
    2. Employ the software errors of the Service for his/her benefit and forward information on such errors to third persons, except for Administrator;
    3. Make efforts to overcome the technical restrictions, set by the Service;
    4. Employ third party software or other tools to improve or automate functions of Service;
    5. Represent oneself as an employee of Service support, a member of any of support groups (administrators, moderators, consultants, etc.), former or current;
    6. Falsify or delete any information on rightholders of Service or Content;
    7. Decompile, disassemble, decrypt and do any other actions with the source code of Service;
    8. Employ the Service to publish, distribute, store, transfer in any form Content that:
      1. is unlawful, harmful, threatening, defamatory, incites violence against any person or group of persons, incites cruel treatment of animals, calls for commission of illegal activities, including clarification of using explosives and other weapons, violates generally accepted moral standards and ethical norms, promotes hate and/or discrimination, and also contains negative and critical statements about religion, politics, race, ethnicity, gender, personal qualities, abilities, sexual orientation and appearance of third persons, contains insults to specific individuals or organizations; 
      2. may be perceived as promoting certain political and religious views, LGBTQ relationships to minors, violence, smoking, drinking and drug use;
      3. violate rights of minors;
      4. violate rights of third persons to Content, intellectual property and equated to them means of individualization, rights to trade secret, defaming honor, dignity and business reputation of third persons, violating national and international law;
      5. contains information not allowed to be disclosed;
      6. Contains any malware (viruses, worms, Trojans or other computer codes, files or software) designed for infringement, destruction or limiting functions of any computer or telecommunications equipment (and its parts) to get an unauthorized access, including access to commercial software, by generating serial numbers, logins, passwords, or software for such generating; or other tools to get unauthorized access to paid resources;
      7. is of spamming nature;
      8. violates social media rules when using the Service;
      9. may be used for unlawful collection, storage and processing of personal data of other persons;
      10. violates the Russian Federation law as well as norms of International law.
  7. Parties' Liability
    1. Service and all its functions are provided "as is". User realizes and accepts risks related to the use of Service.
    2. When using Service, User gets access to information and/or Content and may use it at his/her own risk, being solely responsible for any consequences of its use.
    3. User is liable for:
      1. relevance, reliability, absence of claims of third persons, related to information, submitted during registration;
      2. any Content placed in the Service and any consequences of its use;
      3. own actions in the Service according to the Russian Federation law.
    4. Administrator is not liable for:
      1. specialized resources and quality of public network channels, through which the access to the Service is provided, as well as interruptions in service providing by contractors and (or) data processing and storage centers;
      2. any halt and interruption in Service performance, stop of its functioning and the subsequent loss of Content and (or) any other information; impossibility to use Service on the certain territory;
      3. any actions of social media with regard to Content, including change of publication rules;
      4. loss of access to any social media; false or untimely placement of Content;
      5. any types of losses caused by using of Service or its certain parts or functions by User;
      6. to User or any third parties, for any data loss; information placed in the Service and defaming honor, dignity and business reputation;
      7. breaking or other malfunction of computer, mobile device or any other device of User, occurred during using the Service;
      8. consequences resulted from loss or disclosure of User’s data, needed to access Service;
      9. errors and/or violations related to employing the Service and caused by unlawful actions of User’s employees or third parties;
      10. actions of third parties on impeding access to the Internet or software or hardware components of Service;
      11. any halt and interruption in Service performance caused by force majeure: fires, floods, earthquakes, strikes, wars, actions of public authorities or other circumstances beyond the Parties' control. Force majeure circumstances shall be confirmed in the certificate from the authorized public body not later than Ten (10) working days from the start of such circumstances;
      12. any halt and interruption in work of the Service, occurred as the result of actions of public authorities, including law enforcement bodies, related to seizure and/or removal of the Service’s servers from Administrator's contractors, or any other impediments to the Service’s servers;
    5. If User copies, makes changes, prepares derivative materials, decompiles, disassembles Service without written consent or instruction of Administratoror whatsoever attempts to get access to the source code or changes Service in any way, Administrator is entitled to demand User to pay penalty of One million Russian rubles (RUB 1,000,000)for each case of such violation.
  8. Blocking and Deletion of Account
    1. Administrator is entitled to immediately block User’s Account if:
      1. User breaches terms and conditions of the Agreement, Offer and/or provisions of the current Russian Federation law.
      2. A claim of third persons on violation of their rights by the User is received;
      3. An appropriate request of public bodies is received.
    2. User shall solely take all measures to stop the violation.
    3. In case of refusal to stop violation or repeated blocking of Account, Administrator is entitled unilaterally delete Content or Account of User.
  9. Protection of User’s Confidential Information
    1. Administrator shall process User’s personal data under Agreement and according to requirements of Federal Law On Personal Data No. 152-FZ dated July 27, 2006 (hereinafter as Federal Law On Personal Data).
    2. The procedure for processing and protection of personal data is defined by Privacy Policy.
    3. If User processes personal data of the third parties, User shall solely be responsible for appropriate security controls to protect personal data according to requirements of Federal Law On Personal Data and regulations thereunder.
  10. Dispute Settlement
    1. All issues and controversies that may arise between Parties shall be settled through negotiations in accordance with the Russian Federation law.
    2. Parties shall follow the pre-court (extrajudicial) procedure for dispute settlement. Claims response time shall be Ten (10) working days from the moment of its receiving by Party-defendant.
    3. If dispute cannot be settled through negotiations and pre-court procedure, then the dispute shall be referred to the court in the place where Administrator is domiciled.
  11. Final Provisions
      Message Exchange
    1. Administrator may send User notifications via e-mail or publish them on the Service. User is entitled at any time to unsubscribe completely by sending an e-mail to: order@smmplanner.com. order@smmplanner.com.
    2. User is entitled to communicate with Administrator by sending an e-mail to: support@smmplanner.com. support@smmplanner.com.
    3. Other Provisions
    4. Administrator is entitled to change or supplement Agreement at any time and without prior notice of User. New edition of Agreement shall come into force within Twenty (20) calendar days from the moment of its placement on the Service.
    5. User shall solely inspect any changes and/or supplements in terms of Agreement, if any.
    6. If User continues using of Service after Agreement is changed and/or supplemented, it means that User accepts and agrees with all these changes and/or supplements.
    7. If any of provisions of Agreement for any reason is considered invalid or unenforceable, the validity and enforceability of the other provisions shall not be affected.
    8. Regulations on protecting consumer rights as prescribed by the Russian Federation law, are not applicable to the relationships arising of the Agreement.
    9. Agreement is made in Russian and may be provided in English for User's guidance. If there are any controversies between Agreement in Russian language and in any other language, that the provisions in Russian shall prevail.
    10. Current version of the Agreement is available to User on: https://smmplanner.com/legal/agreement.

Details
Dmitry Yurievich Bashkatov, sole proprietor
OGRNIP 315774600243562 / INN 121522926545
Address: 3 Sredny Ovchinnikovsky Lane, Office 304, 115184, Moscow, Russia
Tel.: +7 (499) 348 22 71
Publication date of current edition: 04.16.2018