This Agreement is concluded between Individual Entrepreneur Eugeny Viktorovich Dementiev (OGRNIP 317470400082431) (hereinafter referred to as the "Owner") and any person who, after accepting the terms of this Agreement, becomes a user of Harmony Mobile Application for iOS and/or Android, hereinafter referred to as the "User", both collectively referred to as the "Parties", and separately as the "Party" in the text of the Agreement.
This Agreement entered into by acceptance of this offer does not require bilateral signing and is valid in electronic form.
1. Terms and Definitions Used in the Agreement
In the Agreement, unless otherwise expressly set forth in the Agreement, the following words and expressions will have the meaning indicated below:
1.1. Application means a set of computer software and hardware in the form of an application for iOS and/or Android, ensuring publication for public viewing of information and data, united by a common intended purpose, by technical means used for communication between computers on the Internet.
1.2. Administrator/ Owner of the Application means Individual Entrepreneur Eugeny Viktorovich Dementiev (OGRNIP 317470400082431).
1.3. Application Content means all objects placed in the Application including design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds, and other objects, and their collations. The Application Owner is the owner of the exclusive rights to use the Application including all Application Content.
1.4. User means a user of the Application having a personal page (profile/ account).
1.5. Profile/ Account (Profile) means the User's personal page in the Application;
1.6. User Information means a unique User's name (login) and password to access the Application specified by the User during registration.
1.7. Moderation means viewing by the Owner of the Application of the information placed (or planned to be placed — pre-moderation) in the Application to ensure its compliance with the provisions of this Agreement.
2. Scope of the Agreement
2.1. The Owner of the Application shall provide to the User access to the Application services under this Agreement subject to acceptance, compliance and application to the relations of the Parties of the requirements and provisions set forth in this Agreement.
2.2. The Owner of the Application reserves the right to change the terms of this Agreement and all its integral parts without consent of the User by notifying the User through posting in the Application of a new version of the Agreement or any of its integral parts that have undergone changes. Taking into account that the newsletter may be considered spam by the Parties, the User undertakes to read the Agreement posted in the Application at least once a month in order to get acquainted with its changes in a timely manner. A new version of the Agreement and/or any of its integral parts shall come into force from the date of its posting in the Application, unless a different commencement date for such changes is set forth by the Owner of the Application at the time of their publication.
3. Rights and Obligations of the Owner of the Application
3.1. The Owner of the Application undertakes to:
3.1.1. Render to the User the services specified in Clause 2.1 hereof. Access to the Application is granted by assigning to the User of the Account Information within one (1) business day from the date of the User's registration.
3.1.2. Provide to the User a possibility to independently publish personal information.
3.1.3. Do not disclose the User's Account Information to third parties.
3.2. The Owner of the Application has the right to:
3.2.1. If the User violates the terms of the Agreement, send to the User a notification containing a list of violations. If the User does not eliminate the violations within one day from the date of notification or repeatedly violates those or other conditions, the Owner of the Application has the right to unilaterally repudiate the Agreement, block for the User access to the User Profile and cancel the User Profile.
3.2.2. Implement Moderation in cases where the information posted by the User promotes hatred and/ or discrimination of people on racial, ethnic, sexual, religious, or social grounds; promotes the use of narcotic drugs and other means harmful to health; calls for inhuman treatment of animals; violates the rights of national and other minorities; contains calls for violent actions; violates the rights of authors and other owners of intellectual rights.
3.2.3. Handle statistical information related to the operation of the Application, as well as the User information to ensure exposure of targeted advertising to different audiences of the Users of the Application.
3.2.4. Send to the User information about the development of the Application and its services.
4. Rights and Obligations of the User
4.1. The User undertakes to:
4.1.1. Have full knowledge of the terms of this Agreement before registering in the Application.
4.1.2. Comply with all terms of this Agreement.
4.1.3. Do not transfer to third parties information about other Users obtained through the Application.
4.1.4. Do not share the Account Information with third parties.
4.1.5. Do not post personal data of other persons in the Application, or use personal data of other Users or the Users in any way that does not comply with the requirements of the law, for illegal or unlawful purposes, for profit or for any other purposes that does not meet the purposes of the Application.
4.1.6. Do not post information and objects in the Profile (including links to them) that may violate the rights and interests of other persons.
4.1.7. Do not register as a User on behalf of or instead of another person or register a group (association) of persons or a legal entity/individual entrepreneur as a User.
4.1.8. Do not use the software or perform actions aimed at disrupting the normal functioning of the Application and its services or Users' personal pages, do not download, store, publish, distribute, or provide access to or otherwise use viruses, Trojans, or other malicious programs; do not use automated scripts (programs) to collect information in the Application and/or interact with the Application and its services without the special permission of the Owner of the Application.
4.1.9. Do not attempt to access the Account Information of another User, including, but not limited to, fraud, hacking of other Users' Profiles, etc.
4.2. The User is not allowed to:
4.2.1. Perform illegal collection and processing of personal data of other Users.
4.2.2. Access any services in any way other than through the interface provided by the Owner of the Application, unless such actions were expressly authorized by the User in accordance with a separate agreement with the Owner of the Application.
4.2.3. Reproduce, duplicate, copy, sell, trade, and resell the services for any purpose, except in cases where such actions were expressly allowed to the User in accordance with the terms of a separate agreement with the Owner of the Application.
4.2.4. Place commercial and political advertising.
4.2.5. Post any information that, in the opinion of the Owner of the Application, is undesirable, infringes on the interests of the Users or for other reasons is undesirable for placement in the Application.
4.3. The User has the right to:
4.3.1. Independently change the password without notifying the Owner of the Application.
4.3.2. Independently edit the earlier posted personal information in the Application.
4.3.3. Contact customer service to block his/her Profile.
4.4. The User agrees that while accessing the Application and using its content, he/ she:
4.4.1. Expresses his/her unconditional acceptance of all terms of this Agreement and undertakes to comply with them or stop using the Application.
4.4.2. Obtains a personal non-exclusive and non-transferable right to use the Application Content on a single computer, provided that neither the User nor any other person with the assistance of the User will copy or modify the software; create programs derived from the software; penetrate the software in order to obtain program codes; sell, assign, lease, transfer to third parties in any other form of the rights in relation to the services software provided by the Application.
5. User Registration
5.1. In order to use the services rendered by the Owner of the Application under this Agreement, the User must go through the mandatory registration procedure in the Application.
5.2. When registering in the Application, the User must provide to the Owner of the Application the necessary reliable and up-to-date information for creating a Profile, including a login and password to access the Application that are unique for each User.
5.3. Upon provision of the information specified in Clause 5.2 of this Agreement, the User must confirm the registration by expressing an intention by clicking the registration confirmation link in the message sent to the phone number specified by the User).
5.4. Upon completion of the registration process, the User becomes the owner of the User's Account Information, which means that he/she is responsible for the security of the Account Information, as well as for everything that will be done in the Application under the User's Account Information. The User must immediately notify the Owner of the Application of any unauthorized access to the Site, that is, carried out by a third party without the consent and knowledge of the User, and/or of any violation of the security of the User's Account Information. The Owner of the Application is not liable for any possible loss or damage of data that may occur due to the violation by the User of the provisions of this clause of the Agreement.
5.5. To start working with the Application, the User must enter the Account information in the appropriate section of the Application.
5.6.. In case of unauthorized access to the User's username and password and/ or Profile, or distribution of the login and password of the User, the User must immediately in the prescribed manner notify the Owner of the Application.
6. Other Conditions
6.1. This Agreement comes into force from the time of acceptance of this offer by the User and is concluded for an indefinite period.
6.2. This Agreement is an offer. The Owner of the Application has the right to revoke the offer. If this Agreement is revoked by the Owner of the Application, it shall be deemed terminated upon revocation. The revocation is carried out by placing appropriate information in the Application.
6.3. The provisions of this Agreement are set forth, changed and canceled by the Owner of the Application unilaterally without prior notice. From the time the new version of the Agreement is published in the Application, the previous version is considered invalid. In the event of a significant change in the provisions of this Agreement, the Owner of the Application shall notify the Users by placing an appropriate message in the Application.
6.4. If the User does not agree to the terms of this Agreement, he must immediately delete his Profile from the Application; otherwise the User's continued use of the Application means that the User agrees to the terms of the Agreement.