User Agreement for Wolq
1. General Provisions
1.1. Individual Eliseev Konstantin Igorevich (hereinafter – “Wolq”) offers Internet users (hereinafter – the “User”) the opportunity to use its services on the terms and conditions of this User Agreement (hereinafter - the “Agreement”, “User Agreement”). This Agreement shall take effect upon the User’s express agreement with its terms according to Clause 1.4 hereof.
1.2. Wolq offers Users access to a wide range of services including navigation, communication tools, search engine, tools for posting and storing information and materials (content), content personalization, shopping, etc. All currently available services “Wolq” as well as their development and/or addition of new services shall be the subject of this Agreement.
1.4. By starting the use of any services/certain functions or going through the registration procedure, the User shall be deemed to have accepted the terms of this Agreement in full without any limitations or exceptions. If the User does not agree to any provisions of this Agreement, the User must not use Wolq services. If Wolq makes any amendments to this Agreement as prescribed by Clause 1.3 hereof to which the User does not agree, the User shall cease to use any Wolq services.
2. User Registration. User Account.
2.1. To use certain Wolq services or certain specific functions of services, the User shall complete registration to create a unique account.
2.2. Upon registration the User shall provide valid and complete information requested in the registration form and shall regularly update such information. If the User provides invalid information or Wolq has reasons to believe that any information provided by the User is incomplete or invalid, Wolq may at its discretion block or delete the User’s account or deny the User to use any of Wolq’s services (or certain functions).
When signing up, the User may upload an image for his/her profile (user icon). The profile image can be attached to the User’s published posts in Wolq services. The profile image shall meet the requirements of Section 4 of this Agreement.
When the User uses his/her image as a profile image, the User is aware and agrees that Wolq may publish and further use the User’s image in Wolq services and promotional items.
2.3. Wolq shall reserve the right to require at any time that the User verify the information provided upon registration and to request supporting documents (personal identification documents in particular); failure to provide these documents may, at Wolq's discretion, be regarded as provision of invalid information and entail consequences according to Clause 2.2 hereof. In case the User's information specified in the documents provided by him/her fails to conform to the information provided upon registration or if the information provided upon registration does not make it possible to identify the User, Wolq shall reserve the right to deny User's access to the User account and to usage of Wolq services.
2.5. Means of access to the User’s account.
2.5.1. Upon registration the User shall choose a login (a unique account name of the User) and password to access the account. Wolq may prohibit the use of certain logins and impose other requirements on the login and password (length, permissible symbols, etc.).
2.5.2 After the User logs in, account details the User entered on his or her device can be automatically saved in the device’s browser before the User winds it up with his or her account and will not require any additional means to access the account each time Wolq services are used. The user account details automatically saved in the device’s browser can be used to access Wolq services, including services, websites, applications, and any other software products of its affiliates (including those belonging to the same group as Wolq), except as specified in cl. 2.8.2 of this Agreement.
2.6. The User shall be responsible for security of the chosen means of access to his/her account and for confidentiality of such means. The User shall be responsible for any actions (and their consequences) in and with Wolq services through the User’s account including voluntary transfer by the User of information required to access the User account to third parties on any conditions (including by contracts or agreements). Any actions in or with Wolq services performed through the User’s account shall be considered done by the User, except for the cases when the User as prescribed by Clause 2.6 hereof notifies Wolq of unauthorized access to Wolq services through the User’s account and/or any other breach (alleged breach) of confidentiality of the chosen means of access to his/her account with password.
2.7. The User shall promptly inform Wolq of any instances of unauthorized (not allowed by the User) access to Wolq services through the User’s account and/or any breach (alleged breach) of confidentiality of the chosen means of access to his/her account. For security reasons, the User shall securely log out after completing each session (Log Out button) of operating Wolq services. Wolq shall not be responsible for any potential loss or damage of information as well as any other consequences appearing as a result of failure by the User to comply with this part of this Agreement.
2.8. Account use by the User.
2.8.1. The User may not reproduce, duplicate or copy, sell, resell or use for any commercial purposes any parts of Wolq services (including content available to the User through services) or access to Wolq services, except when authorized by Wolq or it is directly stated in the user agreement for any service.
2.8.2. Certain categories of User accounts may restrict or disable the use of certain Wolq services or some of their options if required so by the registration or user terms and conditions regulating such services.
2.9. Account termination. Wolq may block or delete the User’s account as well as prohibit access through any account to certain Wolq services and delete any content without giving reasons including in case the User violates the terms of this Agreement and terms of any documents listed in Clause 1.3 hereof and in case of failure to use a service.
2.10. User account deletion.
2.10.1. The User may at any time delete its account at all Wolq services or, if such option is available, terminate the account in respect of certain services.
2.10.2. An account shall be deleted by Wolq as follows:
220.127.116.11. an account is blocked for one month during which the User cannot access its account, while the content posted through such account may be deleted;
18.104.22.168. if within such period the User's account is restored, the User’s access to the account will be renewed, but the content posted through such account might not be restored;
22.214.171.124. if within such period, the User’s account is not restored, all content posted through the account shall be deleted, and the login shall be available to other users. From such moment, restoration of account or any related information as well as access to Wolq services through the account is not available.
2.10.3. The procedure described in Clauses 126.96.36.199., 188.8.131.52., 184.108.40.206 hereof (except for login availability to other users) shall also apply to prohibiting access through any account to certain services.
3. General Usage and Storing Provisions
3.1. Wolq may impose restrictions on the use of services for all Users or certain categories of Users (depending on the User’s location, language of the service, etc.) including: availability/unavailability of certain service functions, period of storing any content, maximum number of messages that can be sent or received by one registered user, maximum number of service uses in a certain period, maximum period of content storage, special parameters of downloadable content, etc. Wolq may prohibit automatic requests to its servers as well as terminate acceptance of any automatically generated information (for instance, electronic spam).
To protect the User’s equipment and own equipment, Wolq may limit the receipt and delivery of any messages to the User when such messages contain malicious software or code or when automatic filters and anti-virus protection of Wolq detected such malicious software or codes in these messages. The User is notified and agrees that Wolq may, for the purposes stated, analyze and study such malicious software and codes contained in the said messages to improve the quality of automated filters and anti-virus protection of Wolq.
3.2. Wolq has the right to send information messages to the users. Using the services of Wolq, the User agrees to receive advertising messages in accordance with Part 1, Article 18 of the Law "On Advertising". The User has the right to decline receiving advertising messages by using the corresponding functionality of the service, as part of which or in connection with which the User has received advertising messages.
The User hereby authorizes Wolq to notify other Service Users about new publications being posted by the User, as well as about the User’s actions with regard to the other Users’ Content and other activities performed by the User in the Service.
3.3. To improve the quality of its services, Wolq may collect opinions and feedback of Users on various matters sending an info message, when the User visits the service once again. Collected opinions and feedback can be used to form statistics, which can be used in Wolq services. Wolq can also publish feedback submitted by the User through its account in Wolq services or in services of Wolq affiliates with and without the user name (login) indicated. When writing feedback, the User undertakes to be guided by the requirements of this Agreement, including the requirements stipulated by cl. 5 of this Agreement.
4. User Content
4.1. The User shall be responsible for compliance of any content posted by the User with applicable legal requirements including responsibility to third parties in case posting by the User of any content or its subject matter infringes on rights and legitimate interests of third parties including personal non-property rights of authors, any other intellectual property rights of third parties and/or encroaches on other intangible assets.
4.2. The User acknowledges and agrees that Wolq is not under obligation to review any content posted and/or distributed by the User through Wolq services and that Wolq has the right (but shall not be obliged to) at its discretion to prohibit the User from posting and/or distributing content or may remove any content available through Wolq services. The User acknowledges and agrees that the User shall independently assess any risks related to using content including its reliability, validity or usefulness.
4.3. The User acknowledges and agrees that technologies of service operation may require reproduction (replication) of User content by Wolq as well as its processing by Wolq for compliance with technical requirements of a particular service.
5. Terms of Wolq Service Use
5.1. The User shall be responsible to third parties for any actions related to the use of Service including any actions resulting in violation of rights and legitimate interests of third parties as well as compliance with laws upon using the Service.
5.2. Upon using Wolq Service, the User shall not:
5.2.1. download, send, transmit or in any other way post and/or distribute any content that is illegal, harmful, slanderous, unethical or violates intellectual property rights, promotes hatred and/or racial, ethnic, sexual, religious or social discrimination or is insulting to any persons and/or organizations;
5.2.2. violate third party rights including underage people and/or cause harm in any way;
5.2.3. impersonate any other person or representative of an organization and/or community without being authorized to do so, including employees of Wolq, forum moderators, website owners and apply any other forms and methods of unlawful representation of other persons online as well as mislead other users and Wolq regarding features and characteristics of any subjects or objects;
5.2.4. download, send, transmit or otherwise post and/or distribute content if not authorized to do so by law or contract;
5.2.5. download, send, transmit or otherwise post and/or distribute unauthorized advertising information, spam (including spamdexing), lists of e-mail addresses of other people, pyramid schemes, multilevel marketing (MLM), Internet earning systems and e-mail businesses, chain letters as well as use Wolq service for participation in any of the above;
5.2.6. download, send, transmit or otherwise post and/or distribute any materials containing viruses or other computer codes, files or programs designed to breach, destroy or limit the operation of any computer or telecommunication equipment or software, for unauthorized access as well as serial numbers to commercial software and generation programs, logins, passwords and other means to receive authorized access to fee-based online resources, or post links to such information;
5.2.7. collect and store personal information of other persons without proper authorization;
5.2.8. interfere with regular operation of Wolq websites and services;
5.2.9. assist any actions to violate any restrictions and prohibitions imposed by this Agreement;
5.2.10. otherwise violate legal standards including international law.
6. Exclusive Rights to Services and Content
6.1. Any objects available through Wolq services including design elements, text, graphics, illustrations, video, software, databases, music, soundtracks and other objects (hereinafter – service content) as well as any content posted at Wolq services are exclusive property of Wolq, Users and other right holders.
The personal non-commercial use by the User of service content elements and any content is authorized upon preservation of all marks of copyright, associated rights, trademarks, other notices of copyright, preservation of the name (pseudonym) of the author/right holder’s name unchanged and preservation of corresponding object unchanged. The exception shall be cases directly stated by Russian laws or user agreements of certain Wolq services.
7. Third Party Websites and Content
7.1. Wolq services may content links to other websites (third party websites). Such third parties and their content are not verified by Wolq for compliance with any requirements (validity, completeness, accuracy, etc.). Wolq shall not be responsible for any information or materials posted at third party websites that the User may access through the services including any opinions or statements at third party websites, advertising, etc. as well as availability of such websites or content and consequences of their use by the User.
7.2. A link (in any format) to any website, product, service, any commercial or non-commercial information published on the Website shall not be considered as approval or recommendation of such products (services, activities) by Wolq, unless directly stated at Wolq resources.
8. Advertising at Wolq Services
8.1. Wolq shall be responsible for its advertising at Wolq services to the extent prescribed by Russian laws.
9. No Guarantees, Limitation of Liability
9.1. The User uses Wolq services at his own risk. Services are provided as is. Wolq accepts not responsibility including for compliance of services with the User's goals;
9.2. Wolq does not guarantee that services comply/will comply with User's requirements; that services will be provided without interruptions, promptly, sustainably and without errors; that results received with the use of services are accurate and reliable and may be used for any purposes or in any capacity (for instance, for identification and/or verification of any facts); that the quality of any product, service, information, etc. received through the services will meet the User's expectations;
9.3. Any information and/or materials (including downloadable software, messages, any instructions and guidelines, etc.) which the User accesses through Wolq services may be used by the User at his own risk and the User shall be responsible for any potential consequences of the use of such information and/or materials including any damage to the User’s computer or third parties, loss of information or any other damage;
9.4. Wolq shall not be liable for any losses resulting from the User using Wolq services or separate parts/ functions of services;
9.5. Under any circumstances, Wolq’s liability under Article 15 of the Civil Code of Russia is limited to 10,000 (ten thousand) RF rubles and shall be imposed in case of guilty actions.
10. Other Provisions
10.1. This Agreement is an agreement between the User and Wolq regarding the procedure of using services and shall replace all previous agreements between the User and Wolq.
10.2. This Agreement shall be regulated and interpreted according to laws of the Russian Federation. Any issues not regulated hereby shall be settled according to Russian law. Any disputes arising out of relations regulated by this Agreement shall be settled as prescribed by applicable Russian laws according to Russian legal standards. In any part of this Agreement, unless otherwise stated, the term “law” shall mean laws of the Russian Federation as well as laws of the country of the User’s location.
10.3. Due to the fact that services under this Agreement are provided free of charge, standards on consumer rights' protection under Russian laws shall not apply to relations between the User and Wolq.
10.4. Nothing in this Agreement shall be interpreted as agency, partnership, mutual activities, employment or any other relations not directly stated in this Agreement.
10.5. If for any reasons one or several provisions of this Agreement are declared invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions hereof.
10.6. Failure by Wolq to act in case of violation by the User or any other users of the provisions of this Agreement shall not deprive Wolq of the right to take action to protect its interests in the future and shall not be interpreted as waiver by Wolq of its rights in case of any future similar or identical violations.
10.7. This Agreement is made in the Russian language and in certain cases may be provided to the User for review in a different language. In case of any differences between the Russian text of this Agreement and the text of this Agreement in any other language, the Russian text shall prevail.