This Agreement is concluded between Upmob, hereinafter referred to as the "Platform Administration" and any person who becomes a user when registering on the Platform's website upmob.ru (hereinafter referred to as the Platform), hereinafter referred to as the "User", collectively referred to as the "Parties" in the text of the Agreement, and separately as the "Party".
1. General provisions.
1.1. This Agreement in accordance with Article 435 of the Civil Code of the Russian Federation is a public offer. By accessing the Platform materials, the User is considered to have joined this Agreement, accepts the terms of this offer and the provisions of the Agreement (acceptance).
1.2. Unconditional acceptance of the terms of this offer is carried out by registering on the Platform's website.
1.3. This Agreement, concluded by accepting this offer, does not require a bilateral signature and is valid in electronic form.
1.4. The use of the materials and functions of the Platform is regulated by the norms of the current legislation of the Russian Federation.
2. Subject of the Agreement.
2.1. The subject of this Agreement is the transfer by the Administration of the Platform of non-exclusive rights to use the Platform to the User on the terms of a simple (non-exclusive) license by providing access to the Platform on a server owned by the Administration of the Platform.
2.2. The terms of this Agreement apply to all subsequent updates and new versions of the Platform. By agreeing to use the new version of the Platform, the User accepts the terms of this Agreement for the corresponding updates, new versions of the Platform, unless the update and/or new version of the Platform is accompanied by another agreement.
2.3. The Platform is the result of the intellectual activity of the Platform Administration and is protected by the legislation of the Russian Federation on the protection of intellectual property and international law, all exclusive rights to the Platform, its accompanying materials and any copies thereof belong to the Platform Administration. The right to use the Platform is granted to the User exclusively on the terms and to the extent stipulated by this Agreement.
3. Terms of use of the Platform.
3.1. To start working with the Platform, the User must complete the registration procedure with the assignment of a unique name (Login) and password. Upon completion of the registration process, the User becomes the owner of the account. From the moment of logging into your account, the User is solely responsible for the security of the data entered, as well as the Login and password.
3.2. From the moment of registration in the Platform, the User is assigned a personal account to which the User has the right to deposit a sum of money. The amount of money on the personal account can be used to pay for the services of the Platform. Payment for services is carried out by wire transfer of funds in the form of a 100% prepayment and is debited from the User's personal account, while the withdrawal of funds received to the User's personal account is not provided.
3.3. The Services are considered to have been properly rendered and accepted by the User in full if, within 5 (Five) working days from the end of the calendar month of the provision of the corresponding paid service, the Administration of the Platform has not received motivated written claims from the User.
3.4. The Administration of the Platform provides technical support to the User, including on issues related to the functionality of the Platform and the services provided, as well as the specifics of the operation of the Platform.
4. Rights and obligations of the parties.
4.1. Rights and obligations of the User.
4.1.1. The User undertakes not to take actions that may be considered as violating Russian legislation or international law, including in the field of intellectual property, copyright and /or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Platform.
4.1.2. The User is obliged to get acquainted with the current content of this Agreement at least once a month, posted at https://upmob.ru/license
4.1.3. The User undertakes not to grant (transfer) in whole or in part to third parties the rights he has received under this Agreement, not to sell, not to replicate, not to copy the Platform materials in whole or in part, not to alienate in any other way, including free of charge, without obtaining the prior written consent of the Platform Administration for all of the above actions.
4.1.4. The User undertakes not to transfer to third parties the passwords and logins used to access the Platform, to ensure the confidentiality of their storage. In case of unauthorized access to the login and password and/or user account, the User is obliged to immediately inform the Administration of the Platform.
4.1.5. The User has the right to access the Platform at any time, except for the time of preventive maintenance.
4.1.6. The User has the right to use the Platform within its functionality and under the conditions established by this Agreement.
4.1.7. The User has the right to deposit any amount of money in order to replenish the personal account on the Platform for subsequent use of the Platform's services.
4.1.8. The User has the right to change the password independently without notifying the Administration of the Platform.
4.1.9. The User has the right at any time to apply for the deletion of User information stored in the Platform. The account and User information stored on the Platform are deleted within 7 days from the date of receipt of the application. When the account is deleted, the funds in the User's personal account are not subject to refund.
4.2. Rights and obligations of the Platform Administration.
4.2.1. The Platform Administration undertakes to ensure the safety of the User's data posted on the Platform within 1 (one) calendar year from the date of the User's last use of any of the Platform's services.
4.2.2. The Administration of the Platform has the right to suspend the operation of the Platform for carrying out the necessary scheduled preventive and repair work on the technical resources of the Administration of the Platform, as well as unscheduled work in emergency situations, notifying the User, if technically possible, by posting relevant information on the site.
4.2.4. The Platform Administration has the right to interrupt the operation of the Platform if this is due to the inability to use information and transport channels that are not the Platform Administration's own resources, or the action and/or inaction of third parties if this directly affects the operation of the Platform, including in case of an emergency.
4.2.5. The Platform Administration has the right to update the content, functionality and user interface of the Platform at any time at its sole discretion.
4.2.6. The administration of the Platform has the right to change the cost of services unilaterally.
4.2.7. The Platform Administration has the right to block and/or delete the User's account, including all the User's information content, without notifying the User and explaining the reasons in case the User violates the terms of this Agreement.
5. Responsibility of the parties and the procedure for resolving disputes.
5.1. The Platform is provided to the User "as is" in accordance with the principle generally accepted in international practice. This means that the Platform Administration is not responsible for the problems that arise during the updating, support and operation of the Platform (including compatibility problems with other software products, as well as inconsistencies in the results of using the Platform with User expectations, etc.).
5.2. For violation of obligations under the Agreement, the Parties are responsible in accordance with the current legislation of the Russian Federation. At the same time, the responsibility of the Platform Administration to the User in case of a claim for damages is limited to the amount of the cost of the services paid by the User.
5.3. Neither Party is liable for the complete or partial non-fulfillment of any of its obligations if the non-fulfillment is the result of force majeure circumstances that arose after the conclusion of the Agreement and are independent of the will of the Parties. In case of force majeure circumstances for more than 3 (Three) months, any Party has the right to unilaterally refuse to fulfill its obligations under this Agreement (terminate the Agreement).
5.4. Since the Platform is an object of intellectual property of the Platform Administration, liability for copyright infringement occurs in accordance with the current legislation of the Russian Federation.
5.5. The Administration of the Platform is not responsible for non-fulfillment or improper fulfillment of obligations under this Agreement, as well as for direct and indirect losses of the User, including lost profits and possible damage caused, inter alia, as a result of illegal actions of Internet users aimed at violating information security or the normal functioning of the Platform; lack of Internet connections between the User's computer and the server of the Administration of the Platform; carrying out actions by state and municipal bodies, as well as other organizations within the framework of operational investigative measures; establishing state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or establishing one-time restrictions by these entities that make it difficult or impossible to fulfill this Agreement; and other cases related to the actions (inaction) of Internet users and/or other entities aimed at worsening the general situation with the use of the Internet and /or computer equipment that existed at the time of conclusion of this Agreement.
5.6. In the event of disputes or disagreements arising between the Parties arising from or related to this Agreement, the Parties will take all measures to resolve them through negotiations among themselves.
5.7. If it is not possible to resolve disputes and/or disagreements that have arisen between the Parties through negotiations, then such disputes are resolved in the Arbitration Court of the city of Samara.
6. Other conditions.
6.1. This Agreement comes into force from the date of acceptance and is valid until the Parties fully fulfill their obligations.
6.2. This Agreement may be terminated prematurely by mutual agreement of the Parties, as well as on the initiative of the Platform Administration in case of violation by the User of the terms of this Agreement without returning any funds to the latter.
6.3. Since this Agreement is an offer, and by virtue of the current civil legislation of the Russian Federation, the Platform Administration has the right to withdraw the offer in accordance with Article 436 of the Civil Code of the Russian Federation. In case of revocation of this Agreement during its validity period, this Agreement is considered terminated from the moment of revocation. The review is carried out by posting relevant information on the website.
6.4. The Parties have agreed that during the execution of this Agreement, it is allowed to use the signatures of the representatives of the Parties, as well as their seals by means of facsimile communication, mechanical or other copying, electronic digital signature or other analogue of the handwritten signature of the heads and seals of organizations. The Parties confirm that the annexes to this Agreement signed and executed in the manner specified in this paragraph have legal force and are binding on the parties.
6.5. The Administration of the Platform has the right to unilaterally amend the terms of service of the Platform by posting information about it on the website in public access and making changes to this Agreement.
6.6. These amendments to the terms of this Agreement come into force from the date of their publication, unless otherwise specified in the relevant publication. Continued use of the Platform by the User after making changes and/or additions to the Agreement means acceptance and consent of the User with such changes and/or additions.
7. Guarantees.
7.1. The Administration of the Platform does not provide any guarantees.
7.2. By agreeing to the terms and accepting the terms of this offer by accepting it, the User assures the Administration of the Platform and guarantees that he:
- provided reliable personal data during registration;
- enters into this agreement voluntarily;
- has read all the terms of this agreement;
- fully understands and confirms the subject of the offer and the contract;
- has all the rights and powers necessary for the conclusion and execution of this agreement.
8. Referral program.
8.1. For the new user has been registered as a referral, you must meet the following technical requirements:
A new user needs to come to the website using a referral link (doesn't matter whether the link is placed on the website page, transferred using e-mail or copied to the browser manually);
Registration of a new user must occur no later than 72 hours after clicking on the referral link;
Cookies should be enabled on the new user's computer (they should not be reset from the moment of clicking on the link until the moment of registration on the site itself).
If these technical requirements are met, a new user who has registered on the site using the referral link of an existing user will be entered into the database as his referral and taken into account in statistics.
8.2. User Upmob.ru who attracted new users of the site receives the rewards set out on the page: https://upmob.ru/referals
8.3. All rewards for attraction are credited to your account automatically and can be requested / withdrawn in the general order (upon reaching 100p on the account).
8.4. By agreeing to the terms of this agreement, you confirm that you will not use the SPAM method in the course of attracting new users. In the case of a confirmed complaint about such actions of the user, his account may be blocked, and the reward for attracting withheld.
Upmob.ru is not responsible for any actions carried out by you with banners, logos, links and other elements of the design and intellectual property of the site.
You also confirm and guarantee that under no circumstances will you introduce yourself or perform actions that can be interpreted as your belonging to employees, managers, managers or contractors Upmob.ru .
The fact that you agree to this agreement and participate in the Referral Program in no way means that between you and Upmob.ru there are employer/subordinate relationships, partner or agency agreements and arrangements.
You also confirm your consent not to use branded requests Upmob.ru in contextual advertising, both in keywords and in advertising texts.
8.5. The User agrees to pay and compensate losses, as well as to take a side Upmob.ru (its management, employees, partners, branches, etc.) in the event of claims, obligations, losses and costs (including those on the client base and lawyers) that result from a violation of the terms and conditions of this agreement.
Upmob.ru reserves the possibility and right to assume control and protection in any form at the user's expense, or to demand compensation from the user. The user agrees to cooperate with the protection Upmob.ru in the event of such claims.
8.6. By accepting the terms of this agreement, the user also agrees to the terms of the "Quick Payment" service: https://yoomoney.ru/pay/page?id=526623
8.7. The payment in favor of each individual recipient cannot exceed the amount of 4000 rubles per year.
9. Legal information
9.1 IP Rabchanov V. L.
TIN 471009214205
Email: upmobru@yandex.ru
Details
OGRNIP
317470400018418
INN
471009214205
Type of business
Individual entrepreneur
Registration date
March 10, 2017
Registrar
INSPECTORATE OF THE FEDERAL TAX SERVICE FOR VYBORG DISTRICT OF LENINGRAD REGION
Registration date
September 20, 2021
Name of tax authority
Interdistrict Inspectorate of the Federal Tax Service of Russia No. 7 for Leningrad Region
