This User Agreement (hereinafter referred to as the “Agreement”) has been developed in order to regulate relations between the Administration of the EEarBuds360 information resource (hereinafter referred to as the “Administration”) and the User searching and disseminating information on a resource located on the Internet to the address: earbuds360.com (hereinafter referred to as the “Resource”).
1. GENERAL PROVISIONS
1.1. The use of materials and services of the Resource is regulated 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 shall enter into force upon posting a new version of the Agreement 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 earbuds360.com is a platform for posting information and is not a media outlet.
1.5. The Resource Administration is in a contractual relationship with the authors, whose copyright works and information are posted on the information resource earbuds360.com.
1.6. The administration does not edit the published copyright works 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 defend 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 promoting war, inciting national, racial or religious hatred and enmity;
not complying with moral and ethical standards;
violating the rights and protected interests of others;
other information, the dissemination of which is prohibited.
1.9. The administration reserves the right to itself without any reason to delete any information posted on the Resource.
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 interests protected by law are violated by the information provided in paragraph 1.5, is entitled 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, rate marks;
- other types of services implemented on the Resource.
2.1.2. The scope of this Agreement covers all existing (actually functioning) services of the Resource at the moment, as well as any subsequent modifications of them and additional services of the Resource that appear 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 applicable law.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The user has the right to:
3.1.1. Freely to search, receive, transmit, produce and disseminate 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. At its discretion, create, modify, cancel the Rules for using the Resource;
3.2.2. Unilaterally amend this Agreement;
3.2.3. Restrict access to the Site in case 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 violating the normal operation of the Resource.
3.3.3. Do not disseminate using the Resource any confidential information about individuals or legal entities.
3.3.4. Avoid any actions that may result in the violation of the confidentiality of information protected by law.
3.3.5. Do not use the Resource for the dissemination of advertising information, except with the consent of the Administration.
3.3.6. Do not use Resource services with the goal of:
- downloading content that is illegal violates any rights of third parties;
- propagandizes violence, cruelty, hatred and (or) discrimination on racial, national, gender, religious, social grounds;
- contains inaccurate information and (or) insults to specific persons, organizations, authorities;
- motivation to commit unlawful acts, as well as assistance to persons whose actions are aimed at violating restrictions and prohibitions;
- violation of the rights of minors and (or) harm to them in any form;
- representing oneself for another person or representative of an organization and (or) community without sufficient rights, including for 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 contents of the Resource.
- Disrupt the proper functioning of the Resource.
- By any means 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 system or authentication on the Resource or on any network related to the Resource.
- Perform a reverse search, track or try to track any information about any other Resource User.
- Use the Resource and its contents for any purposes 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 this Agreement or related to it shall be resolved in accordance with applicable law.
4.2. Nothing in the Agreement can be understood as the establishment between the User and the Administration of agent relations, partnerships, joint activities, personal hiring relations, or any other relations not expressly provided for in 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 Resource materials protected in accordance with the law.
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 expected and actually received services.
4.7. In the event of force majeure circumstances, that is, extraordinary and inevitable circumstances under the given 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 suffer 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. Administration is not responsible for:
5.2.1. Delays or malfunctions in the process of the operation occurring due to force majeure, as well as any case of malfunctions in telecommunication, 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. The information posted on the site provided for in paragraph 1.5 of this Agreement.
5.2.4. The proper functioning of the Resource, if the User does not have the necessary technical means for its use, and also does not bear any obligations to provide users with such means.
6. SETTLEMENT OF DISPUTES
6.1. In the event of any disagreements or disputes, a prerequisite before applying to the court is a claim (a written proposal for the 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 claimant in writing of 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 that are granted to them by the current legislation.
6.4. Any claim regarding the conditions of use of the Resource must be brought 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 paragraph, any claim or grounds for action shall be settled by statute of limitations.
7. ADDITIONAL CONDITIONS
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.