1.1. For any questions related to this User Agreement or the use of our Service, users can contact us at: help@goodfon.com
2. Subject of the Agreement
2.1. This User Agreement (the "Agreement") governs relations between the Goodfon site administration (the "Administration") and users regarding use of the Service, including posting photographic images ("Photos") on the Site. A "User" is a legally capable individual who has accepted this Agreement.
2.2. The following terms apply in this Agreement and in any relations arising from or connected with it:
a) User ¡ª a legally capable individual who has accepted this Agreement.
b) Goodfon Site ¡ª the websites located under the domains goodfon.ru, goodfon.com and their subdomains.
c) Service ¡ª the set of services provided to the User via the Site.
d) Agreement ¡ª this document together with all updates and amendments.
3. General Terms of Use
3.1. The User may use the Service in any manner and form within its declared functionality, including:
viewing materials posted on the Site;
registering and/or signing in on the Site;
posting or displaying on the Site any materials permitted by this Agreement, including, without limitation: texts, hyperlinks, images, information and other data.
Any use of the Service described in clause 3.1 constitutes a contract on the terms of this Agreement pursuant to Articles 437 and 438 of the Civil Code of the Russian Federation.
3.2. By using any of the above capabilities of the Service, the User acknowledges and agrees that:
a) they have read this Agreement in full before starting to use the Service;
b) they accept this Agreement in full without exceptions or limitations and will comply with it, or will stop using the Service. If the User does not agree or lacks the legal capacity to accept the Agreement, they must immediately stop using the Service;
c) the Administration may amend the Agreement without special notice. The new version takes effect when posted on the Site or otherwise communicated to the User, unless stated otherwise.
3.3. The Service may be used both before and after registration and sign?in in accordance with the procedure established by the Administration. Via a web interface and specialized software and hardware, the Site enables registered users to post their Photos online under the terms of this Agreement.
Registration requires the User to provide truthful, accurate and complete information as requested in the registration form.
3.4. The Administration may suspend or cancel registration if the User provides incorrect information or if there are reasonable doubts about its accuracy.
The login and password selected by the User are sufficient credentials to access the Site. The User must not transfer them to third parties and is fully responsible for keeping them secure.
The User is responsible for all actions performed on the Site with their credentials. If the password is lost, the User can set a new one by providing the login and the email specified during registration. The Administration may prohibit the use of certain logins and/or withdraw them from use.
3.5. The User bears full responsibility for all information and materials that they upload, receive, transmit or otherwise make available when using the Service.
3.6. The Administration may delete any image uploaded by the User without stating reasons.
4. Rights and Obligations
4.1. The User must not use the Service to:
4.1.1. upload, transmit or otherwise publish materials that are not photographic images, as well as materials that are illegal, harmful, threatening, obscene, defamatory, infringe copyrights, or incite hatred and/or discrimination of people by race, ethnicity, gender, social or other characteristics, or violate the rights of minors and/or cause them harm in any form;
4.1.2. infringe the rights of minorities;
4.1.3. impersonate another person or a representative of an organization and/or community without sufficient rights (including pretending to be employees of the Administration or the Site owner), or mislead about the properties or characteristics of any subjects or objects;
4.1.4. upload, transmit or otherwise publish materials that the user does not have the right to make available by law or under any contractual relationships;
4.1.5. upload, transmit or otherwise publish materials that infringe any patent, trademark, trade name, trade secret, copyright or other proprietary rights and/or related rights of a third party;
4.1.7. upload, transmit or otherwise publish any materials containing viruses or other computer codes, files or programs intended to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or software, to gain unauthorized access, as well as serial numbers to commercial software and programs for their generation, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as placing links to the above information;
4.1.8. violate applicable law of the Russian Federation;
4.1.9. collect and store personal data of other users;
4.1.10. send and/or transmit information of an advertising, commercial or campaigning nature without consent;
4.1.11. send, transmit or publish in any form information containing pornographic materials;
4.1.12. perform actions that lead to disruptions of the normal operation of the Site.
4.2. The User may not reproduce, duplicate, copy, sell, resell or use for any commercial purposes any part of the Site without the Administration's consent.
4.3. The Site Administration reserves the right to:
4.3.1. set any restrictions on the use of the Site;
4.3.2. terminate a user's credentials and delete any user data in case of violation of this Agreement;
4.3.3. change this Agreement at any time;
4.3.4. suspend or discontinue the provision of the Service.
4.4. The Administration allows creation of a single personal account. If more than one account is created, the Administration may delete or block access to such accounts and/or refuse Service. The User may stop using the Service and close their account at any time.
4.5. The User guarantees that they are the proper rightsholder of the photographs posted on the Site. If a photograph contains the image of any individual, the User guarantees that they have obtained the consent of the depicted person, and in the event of their death, the consent of their children or surviving spouse.
4.6. By posting Photos publicly on the Site, the User grants other users a free permission to: process Photos; convert them from color to black?and?white and back; reproduce them to computer or mobile device memory; otherwise reproduce, process, store, transmit and distribute them for personal purposes.
4.7. The User grants the Site and an unlimited circle of Site users a free open license to the photos they post. This license is a contract of adhesion and is valid worldwide. Acceptance of the terms of this Agreement and use of the Service constitutes acceptance of the terms of said license.
5. Free-of-Charge Use of the Service
5.1. The Service is provided to users free of charge subject to compliance with this Agreement.
5.2. Given the gratuitous nature of the services under this Agreement, consumer protection rules under the legislation of the Russian Federation may not apply to relations between the User and the Administration.
6. User Warranties
6.1. When using the Service, the User shall comply with applicable law and this Agreement.
6.2. The User may not claim that they did not know about their rights and obligations and/or the contents of this Agreement.
7. Liability
7.1. The Administration is not responsible for:
7.1.1. the Service's suitability for the user's goals and expectations;
7.1.2. uninterrupted, error-free, and fast operation of the Site;
7.1.3. direct or indirect damages caused to the User as a result of errors, omissions, interruptions in operation, deletion of files, changes in functions, defects, delays in operation during data transmission, unauthorized access to communications and/or user data;
7.1.4. statements or conduct of any third party on the Site;
7.1.5. termination of the user's access to the Service;
7.1.6. the security of the user's login and password if the user uses forms located on Internet sites not owned by the Site Administration to access the Service;
7.1.7. materials posted, created, or published by Service users.
7.2. The Administration does not carry out prior moderation of content for compliance with this Agreement. The Administration may introduce technical moderation of Photos to check compliance with the Site's technical requirements and topic.
7.3. In accordance with the Federal Law "On Information, Information Technologies and Information Protection", if a rights holder or their authorized representative submits a written or electronic claim about infringement of copyrights and/or related rights (Article 15.7), the Administration will act as required by law, including removing the specified information from the Site without prior coordination or notice to the user.
7.4. In case of violation by the User of the terms of this Agreement and/or the law, they may be held civilly, criminally, and administratively liable in accordance with applicable legislation.
7.5. The User accepts that all materials and services of the Site or any part thereof may be accompanied by advertising. The User agrees that the Site Administration is not responsible and has no obligations in connection with such advertising.
7.6. Inaction by the Site Administration in the event of a violation by the User or other users of the provisions of the Agreement does not deprive the Site Administration of the right to take appropriate actions to protect its interests later and does not constitute a waiver of the Site Administration's rights in the event of similar or comparable violations in the future.
7.7. In any case, the Administration's liability under Article 15 of the Civil Code of the Russian Federation is limited to 10,000 (ten thousand) rubles and arises only if there is fault in its actions or omissions.
7.8. The User acknowledges that actions performed using the user's login and password are considered actions of the User.
8. Final Provisions
8.1. Any disputes arising from or related to this Agreement shall be resolved in accordance with the applicable law of the Russian Federation.
8.2. If any provision of the Agreement is found by a court to be invalid or unenforceable, this does not render the other provisions of the Agreement invalid.
8.3. The User confirms that they have read all the provisions of this Agreement and unconditionally accept them.
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