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Terms of agreement https://esclub.club

 

Russian Federation, Rostov-on-Don                                                                01.06.2023

 

FANTASIS LLC, Legal address: Russian Federation, 344068, Rostov region, Rostov-on-Don, 1B Tibetskaya Street, building 1, apt. 223, TIN / PSRN / KPP/RRC 6161095526 / 1216100034776 / 616101001 and owned by the company The ESCLUB website is an online resource that helps you keep in touch with your friends, acquaintances and relatives. The ESCLUB website (https://esclub.club) is a network project that unites people based on places of study, work, different interests, and so on.

You can also read the Privacy Policy and the processing of personal information of Users on the Site https://esclub.club/terms/privacy-policy

The Site Administration provides you with access to the use of the esclub.club Site and its functionality on the terms that are the subject of these Terms of Use of the esclub.club Site. In this regard, you need to carefully read the terms of these Rules, which are considered by the Site Administration as a public offer in accordance with Art. 437 of the Civil Code of the Russian Federation.


1. Terms used in these Rules

1.1. Site https://esclub.club (or the Site) is a social network, also used under the names "Eugenius Club", or "Your Genius Club", hosted on the site on the Internet at: https://esclub.club (including all levels of the specified domain, both functioning on the date of acceptance by the User of these Rules, and launched and put into operation during the entire period of its validity) and available to the User through the website, mobile version of the website, applications and other resources, which is the result of intellectual activity in the form computer programs. The social network is represented in an objective form by a set of data and commands, and generated audiovisual displays (including its constituent graphic images and user interface), (hereinafter referred to as data and commands) intended for the operation of computers and mobile devices in order to obtain a certain result in the form organizing the functionality of a social network. The set of data and commands consists of activated and non-activated data and commands.

1.2. Non-activated data and commands - data, commands and generated audiovisual displays that allow you to increase the number of virtual values ​​used within the functionality of the Site. The conditions for granting by the Administration to the User the right to use non-activated data and commands are defined in the license agreement, the current version of which is freely available on the Internet at: https://esclub.club/site-pages/license, concluded by the Site Administration with the User.

2. Status of the Terms of Use of the esclub.club Site

2.1. These Terms of Use of the esclub.club Site (hereinafter referred to as the Rules) are developed by the Site Administration and determine the conditions for the use and development of the Site, as well as the rights and obligations of its Users and the Administration. The Rules also apply to relations related to the rights and interests of third parties who are not Users of the Site, but whose rights and interests may be affected as a result of the actions of Users of the Site.

2.2. These Rules are a legally binding agreement between the User and the Site Administration, the subject of which is the provision by the Site Administration to the User of access to the use of the Site and its functionality. In addition to these Rules, the agreement between the User and the Site Administration includes all special documents governing the provision of access to the use of certain Site functionality (including its non-activated data and commands) located in the relevant sections of the Site on the Internet.

2.3. The User is obliged to fully familiarize himself with these Rules before registering on the Site. Registration of the User on the Site means the full and unconditional acceptance by the User of these Rules in accordance with Art. 438 of the Civil Code of the Russian Federation.

2.4. These Rules can be changed and / or supplemented by the Site Administration unilaterally without any special notice. These Rules are an open and public document. The current version of the Rules is located on the Internet at: https://esclub.club/terms/terms. The Site Administration recommends that Users regularly check the terms of these Rules for changes and / or additions. Continued use of the Site by the User after the introduction of changes and/or additions to these Rules means the acceptance and consent of the User with such changes and/or additions.


3. Status of the ESCLUB Site

3.1. The rights to the Site as a whole and to use the network address (domain name) https://esclub.club belong to the Site Administration. The latter provides access to the Site to all interested parties in accordance with these Rules and the current legislation of the Russian Federation.

3.2. These Rules establish the conditions under which the rights to use information and the results of intellectual activity (including, but not limited to, literary, musical, audiovisual works and phonograms, works of graphics and design, photographic works, computer programs) as part of certain sections of the Site, may belong to Users of the Site and other persons who independently created and / or placed these objects on the Site without the direct participation of the Site Administration.

4. Site administration esclub.club

4.1. The ESCLUB Site Administration (hereinafter referred to as the Site Administration or the Administration) in these Rules and other special documents posted on the Site means Eugenius Brand Limited Liability Company, a legal entity established under the laws of the Russian Federation and registered at: 344068, Rostov-on-Don, st. Tibetskaya, d. 1B, building 1, apt. 223.

4.2. Appeals, suggestions and claims of individuals and legal entities to the Site Administration in connection with these Rules and all questions regarding the operation of the Site, violations of the rights and interests of third parties when using it, as well as for requests from persons authorized by the legislation of the Russian Federation, may be sent to the postal address of FANTASIS LLC, specified in clause 4.1. of these Rules.

4.3. With regard to the functioning and development of the Site, the Administration is guided by the legislation of the Russian Federation, these Rules and other special documents that are developed or may be developed and adopted by the Site Administration in order to regulate the provision of access to certain functionality of the Site to Users.

4.4. None of the provisions of these Rules grant the User the right to use the trade name, trademarks, domain names and other distinguishing marks of the Site Administration. The right to use the trade name, trademarks, domain names and other distinguishing marks of the Site Administration can be granted solely by written agreement with the Site Administration.


5. Registration on the Site esclub.club and the status of the User

5.1. Registration of the User on the Site is free and voluntary. Registration and / or authorization means acceptance of the Terms of the Agreement of the esclub.club Site, which is publicly available on the Internet at https://esclub.club/terms/terms, and the Privacy Policy of the esclub.club site, which is publicly available on the Internet at https://esclub.club/terms/privacy-policy.

5.2. The User of the Site is an individual registered on the Site in accordance with the procedure established by these Rules, who has reached the age permitted in accordance with the legislation of the Russian Federation for the acceptance of these Rules, and who has the appropriate authority (previously and hereinafter - the User).

5.3. When registering on the Site, the User is obliged to provide the Site Administration with the necessary reliable and up-to-date information for the formation of the User's personal page, including the login and password for access to the Site, unique for each User, as well as the last name and first name. The registration form of the Site may request additional information from the User.

5.4. The user is responsible for the accuracy, relevance, completeness and compliance with the legislation of the Russian Federation of the information provided during registration and its purity from claims of third parties.

5.5. After providing the information specified in clause 5.3. of these Rules, the User needs to go through a number of authentication procedures, namely, (a) confirm registration by recognizing an automated test designed to distinguish between computers and people (“captchas”); (b) confirm the registration by entering into the appropriate form on the Site the code received by the User in the form of an SMS message from the Site Administration to the User's mobile phone, the number of which is provided by the User himself. In the case of the correct sequential execution of all registration actions on the Site, a personal page of the User is created, which has a network address of the form https://esclub.club/username [username]. The user has the right to change the short (sub-domain) name when addressing on the Internet. Words and names, the use of which is prohibited in accordance with these Rules, the current legislation of the Russian Federation and international legal acts, including, but not limited to, obscene language, names registered as trademarks (outside depending on the class of the Nice Classification), trade names and commercial designations, if the user does not own exclusive rights to them. In the event of a violation of these conditions, the Administration has the right to prohibit the User from using the subdomain name assigned to him, including, if applicable, transferring the right to use it to the appropriate person (representative of the right holder). The User has the right to register no more than one personal page on the Site. To verify the accuracy of the information provided by the User, the Administration at any time has the right to request an identity document of any User. If such a requirement is not met, the Site Administration has the right to block, and in the future, in case of failure to comply with this requirement within 60 days from the date of the request, delete the page of any User. At the same time, after checking the information, the Site Administration does not store and immediately deletes the data on the provided document.

5.6. When registering, the User agrees to these Rules and assumes the rights and obligations specified therein related to the use and operation of the Site. The user agrees to receive electronic messages, sms and other types of information mailings, incl. promotional and informational content, including from partners of the Site Administration. The right to use non-activated data and commands is granted to the User upon fulfillment, in addition to the above, of the terms of the license agreement (see clause 1.2. of these Rules).

5.7. After the successful registration of the User on the Site, the Administration assumes the rights and obligations to the User specified in these Rules.

5.8. The processing of the User's personal data is carried out in accordance with the legislation of the Russian Federation. The Site Administration processes the User's personal data in order to provide the User with access to the use of the Site's functionality, including in order to receive targeted advertising by the User; verification, research and analysis of such data, allowing to maintain and improve the functionality and sections of the Site, as well as to develop new functionality and sections of the Site. The Site Administration takes all necessary measures to protect the User's personal data from unauthorized access, modification, disclosure or destruction. The Administration provides access to the User's personal data only to those employees, contractors and agents of the Administration who need this information to ensure the operation of the Site and provide the User with access to its use. The Site Administration has the right to use the information provided by the User, including personal data, as well as transfer it to third parties, in order to ensure compliance with the requirements of the current legislation of the Russian Federation, protect the rights and interests of Users, the Site Administration, third parties (including in order to identify, verification/investigation and/or suppression of illegal actions). Disclosure of the information provided by the User can be made only in accordance with the current legislation of the Russian Federation at the request of the court, law enforcement agencies, as well as in other cases provided for by the legislation of the Russian Federation. Since the Site Administration processes the User's personal data in order to comply with these Rules, by virtue of the provisions of the legislation on personal data, the User's consent to the processing of his personal data is not required.

5.9. The login and password chosen by the User are necessary and sufficient information for the User to access the Site. The user does not have the right to transfer his login and password to third parties, is fully responsible for their safety, independently choosing the method of their storage. The user on the hardware and software used by him may allow the storage of the login and password (using cookies) for subsequent automatic authorization on the Site.

5.10. Unless the User proves otherwise, any actions performed using his login and password are considered to be committed by the relevant User. In case of unauthorized access to the login and password and / or the User's personal page, or the distribution of the login and password, the User is obliged to immediately notify the Site Administration in accordance with the established procedure.

5.11. After registration, the User acquires the right to independently create, use and determine the content of his own personal page and the conditions for other Users to access its content for personal purposes, and also gets the opportunity to access and post information on the personal pages of other Users (subject to obtaining appropriate access rights from their owners). ), the use of social widgets of the esclub.club Site on third-party sites without additional authorization. When using social widgets by the User, third-party sites are not provided with data about the User's login and password, as well as his data protected by privacy settings.

5.12. The User, as the owner of the information posted on his own personal page, is aware that, with the exception of cases established by these Rules and the current legislation of the Russian Federation, the Site Administration does not take part in the formation and use of the content and control of access of other users to the User's personal page. By posting information on a personal page, including their personal data, the User acknowledges and agrees that the specified information may be available to other Internet users, taking into account the architecture and functionality of the Site.

5.13. Creation and use of federations

5.13.1. The User has the right to create groups (hereinafter referred to as Federations), as well as public pages and events for the purpose of informing other Users about any events, meetings, organizations, both commercial and non-commercial (for example, charitable), their creation and activities, other interests User materials (hereinafter referred to as Discussion Subjects), and / or / or their possible discussion with other Users (including by creating fan clubs, exchanging opinions, reviews, and so on). In the process of informing and discussing in the Federations, pages and events of the Subjects of Discussions, Users are obliged to comply with the current Russian and international legislation, and also post only such information that complies with these Rules, as well as recognized ethical standards and principles of morality, including those related to those opinion of the Site Administration.

5.13.2. When creating and administering the Federation, public page or event, including when registering a subdomain name used to address the page of the Federation, public page or event, the User confirms that he acts legally (for example, by proxy), has all the necessary rights and does not violate by its actions the legitimate rights and interests of third parties and the current legislation of the Russian Federation, including legislation on competition and rights to the results of intellectual activity and means of individualization. The user is solely responsible for any trading operations to transfer the right to administer a public page or event by the Federation. Such trading operations must fully comply with the current legislation of the Russian Federation and are performed by the User at his own risk.

5.13.3. In the Federation, a public page or event, including in the description, on the main photo of the Federation, a public page or event, in albums, in news, discussions, polls, audio recordings, video recordings, on the wall, placement of Content (in the meaning provided for by clause 7.1.1. of these Rules) in whole or in part without the prior permission of the copyright holder, as well as the information provided for in clause 6.3.4. of these Rules. The user administering the Federation, public page or event is obliged to independently monitor and stop the posting of information in the Federation, public page or event that does not comply with the Rules and, if necessary, block users who violate these Rules, access to the Federation, public page or event using the functionality of the Site.

5.13.4. Advertising in Federations, public pages or events:

5.13.4.1. In the Federation, public page or event, including in the description, on the main photo of the Federation, public page or event, in albums, in materials, discussions, polls, pinned posts on the wall, on the cover, in messages, in Federation stories, public page or event, in the widgets of federations, public pages or events, in the action button, etc., except for the cases expressly provided for in this paragraph and native integrations, placement of third-party commercial and political advertising is not allowed. No more than 7 (seven) third-party advertisements per day can be placed on the Federation wall, public page or event (with the exception of pinned posts in which advertising is not allowed) outside the Advertising Network of the esclub.club Website, including outside the esclub Market Platform. club, no more than 5 (Five) third-party advertisements may be placed. Third-party advertising is any information, with the exception of native integrations, that is not directly related to the Federation, public page or event, distributed in any form both on behalf of the Federation, public page or event, and on behalf of other federations, public pages, events and Users , and aimed at attracting the attention of Users to the object of advertising, the formation or maintenance of interest in it. The user who administers the Federation, public page or event must independently monitor and prevent the placement of third-party advertising in the Federation, public page or event that does not comply with the Rules. A federation, a public page or an event may be placed in the search system of the esclub.club Site, subject to the obligatory observance of the requirements provided for in this paragraph. Connection to the esclub.club Advertising Network is carried out through a special interface for managing the Federation, public page or event with the obligatory indication of the number of third-party ads, the right to post which on the wall of the Federation, public page or event is denied. When placing third-party advertising in the Federation, a public page or an event connected to the esclub.club Advertising Network, it is obligatory to indicate the advertising nature of the information within the framework of the special functionality of the Site (“this is an advertisement” option). The rules for displaying advertisements within the esclub.club Advertising Network are governed by special documents.

5.13.4.2. It is allowed to post native integrations that comply with these Rules in the Federation, public page or event. Integrations that do not comply with these Rules are considered third-party advertising. Native integration is such an organic implementation of the object of promotion of a third party (goods/services/works, means of individualization of a legal entity and (or) goods/services/works, a manufacturer or seller of goods/services/works, results of intellectual activity or an event of a third party (including including a sports competition, concert, contest, festival)) without an obvious emphasis on it in the information material of the Federation, public page or event, in which the information material of the Federation, public page or event corresponds to the general theme and style of the Federation, public page or event and has an independent semantic value.

5.13.4.2.1. When hosting native integrations, the following requirements must be met:

(a) the implementation of the promotion object on the cover, the main photo of the Federation, public page or event and in the pinned posts on the wall of the Federation is allowed, provided that the general style of the Federation, public page or event remains unchanged, and the integration is not dominant in such informational material Federation, public page or event.

(b) native integrations of promotion objects that violate these Rules are not allowed;

(c) are not recognized as native integrations for the implementation of third-party events if among the prerequisites for participation in them there are indications of the following actions: subscribe to a federation, a public page or an event; make a purchase; put "Like"; share the post.

5.13.4.2.2. The content of native integrations must meet the following requirements:

(a) native integrations must not be obviously promotional in nature, i.e. attract the main attention within the information material of the Federation, public page or event;

(b) information material of the Federation with native integration must fully correspond to the theme of the Federation, have an independent semantic value, harmoniously fitting into the style of the Federation;

(c) native integrations may contain hyperlinks to third-party resources for additional information, but navigation through them should not be a prerequisite for obtaining basic information;

(d) native integration in video is the mention of the object of promotion (both verbal during the narration and visual demonstration), due to the creative nature of the video and harmoniously fitting into the plot.

5.13.5. All third-party advertisements and native integrations must comply with paragraphs. 1 and 3 of the Rules for placing advertisements on the site at https://esclub.club/site-pages/ads.

5.13.6. The Site Administration has the right, at its own discretion, to form and place a list of recommended Federations, public pages or events, based on their informational value for users and other criteria. Federations, public pages or events that are featured are subject to additional restrictions of no more than three (3) third-party ads per week. In case of non-compliance with this restriction, the Site Administration has the right to exclude the Federation, public page or event from the list of recommended ones.

5.13.7. The User is fully responsible for his actions related to the creation and administration of Federations, public pages or events in accordance with the current legislation of the Russian Federation, international legal acts and these Rules.

5.13.8. In the event of a violation in the Federation, public page or event of the legitimate rights and interests of third parties, the current legislation of the Russian Federation, as well as the provisions of these Rules, the Site Administration has the right, at its choice, to take the following measures, both individually and, if necessary, jointly in accordance with the policy of the Site Administration and depending on the nature and frequency of the relevant violations in the Federation, public page or event:

(a) remove Content and other information from the Federation page, public page or event and / or block access to them;

(b) block specific users from accessing the Federation Page, Public Page or Event;

(c) block the access of the User who administers the Federation to the Federation, the public page to the public page or the event to the event;

(d) transfer the rights to administer the Federation, public page or event, as well as the right to use the registered subdomain name, to the legal owner who, in the prescribed manner, has confirmed his rights to the Content of the Federation, public page or event, including the right to objects of copyright, related rights, and also the right to a means of individualization confusingly similar to the subdomain name used in the Federation, public page or event;

(e) exclude the Federation, public page or event from the search engine and/or block the Federation, public page or event;

(f) prohibit the publication of any links and / or clicking on them and / or the placement of information materials (audio and video materials, including live broadcasts, documents) in the Federation, public page or event for any period;

(g) exclude the Federation, public page or event from the list of recommendations and limit the visibility of entries of the Federation, public page or event in the news feed;

(h) limit the possibility of reposting to the Federation, public page or event;

(i) disconnect the Federation, public page or event from the esclub.club Advertising Network and/or the esclub.club Market Platform;

(j) limit the possibility of making money transfers on the site https://esclub.club.

5.13.9. In case of violation by the Federation, public page or event of the advertising placement procedure (provided for in clauses 5.13.4, 5.13.5 of these Rules), the Site Administration has the right to restrict the advertising activities of the Federation, public page or event by prohibiting publication in the Federation, public page or event any links for any period at the discretion of the Administration and / or disabling the Federation, public page or event from the esclub.club Market Platform and / or disabling the Federation, public page or event from the esclub.club Advertising Network. In case of attempts to circumvent the technical restriction on the publication of links (insertion of additional characters, publication of images with links, etc.) during the period of the ban, the Administration has the right to block the Federation, public page or event without the possibility of recovery.

5.13.10. Administrators and moderators of federations, public pages or events are solely responsible for moderating and blocking Content posted on the pages of federations under their control. In the event that Content appears on the pages of federations under their control that contradicts the Site Rules or the current legislation of the Russian Federation, administrators and moderators of federations, public pages or events are obliged to take measures to remove the relevant materials from the pages of federations under their control, public pages or events.

5.14. With regard to information about himself, the User has the right to:

(a) independently remove information previously posted by the User on the Site;

(b) independently delete the User's personal page using the "delete your page" functionality available to the User in the "General Settings" section;

5.15. Acquisition of the Pro system by the User:

5.15.1. The user has the right to upgrade to the Pro level by purchasing a subscription to one of the specified tariff plans at https://esclub.club/go-pro;

5.15.2. The Pro system implies access to additional site resources (for example, increased earnings for invited Users to the site https://esclub.club, a verified User badge, etc.) and provides full control over your Profile;

5.15.3. In addition to the payment that must be made on the website https://esclub.club when choosing the Pro package, the User is obliged to confirm his identity by passing verification by providing and uploading the necessary documents in the "General settings" section in the "Verification" tab.

6. Obligations of the User https://esclub.club

6.1. When using the Site, the User is obliged:

1) comply with the provisions of the current legislation of the Russian Federation, these Rules and other special documents of the Site Administration;

2) provide accurate, complete and up-to-date data during registration, monitor their updating;

3) inform the Site Administration about unauthorized access to the personal page and / or unauthorized access and / or use of the password and login of the User;

4) not provide access to other Users to their own personal page or to individual information contained on it in the event that this may lead to a violation of the legislation of the Russian Federation and / or these Rules, special documents of the Site Administration;

5) not post on the personal page information and objects (including links to them) that may violate the rights and interests of other persons;

6) before posting information and objects (including, but not limited to, images of other persons, other people's texts of various contents, audio recordings and videos), preliminarily assess the legality of their placement;

7) keep secret and not provide other Users and third parties with personal data that became known to him as a result of communication with other Users and other use of the Site (including, but not limited to, home addresses, phone numbers, email addresses, ICQ, passport data, banking information) and information about the private life of other Users and third parties without obtaining the respective prior permission of the latter;

8) back up information important for the User stored on his personal page.

6.2. If there are doubts about the legality of the implementation of certain actions, including the placement of information or the provision of access, the Site Administration recommends refraining from the implementation of the latter.

6.3. When using the Site, the User is prohibited from:

6.3.1. register as a User on behalf of or instead of another person ("fake account") or register a group (association) of persons or a legal entity as a User. At the same time, it is possible to register on behalf of and on behalf of another individual or legal entity, subject to obtaining the necessary powers in the manner and form provided for by the legislation of the Russian Federation;

6.3.2. mislead Users about their identity by using the login and password of another registered User;

6.3.3. misrepresent information about yourself, your age or your relationship with other persons or organizations;

6.3.4. upload, store, publish, distribute and make available or otherwise use any information that:

(a) contains threats, incitement to violence, including hidden ones, approval and encouragement of violent actions, discredits, insults, discredits honor and dignity or business reputation or violates the privacy of other Users or third parties;

(b) violates the rights of minors;

(c) is vulgar or obscene, contains pornographic images and texts or scenes of a sexual nature involving minors;

(d) contains scenes of inhuman treatment of animals;

(e) contains a description of the means and methods of suicide, any incitement to commit it;

(f) promotes and/or promotes incitement of racial, religious, ethnic hatred or enmity, based on gender, orientation, as well as on other individual characteristics and characteristics of a person (including issues of his health);

(g) contains extremist materials;

(h) promotes criminal activity or contains advice, instructions or guidelines for the commission of criminal acts;

(i) contains information of restricted access, including, but not limited to, state and commercial secrets, information about the private life of third parties;

(j) contains advertisements or describes the attraction of drug use, including "digital drugs" (sound files that affect the human brain through binaural beats), information about the distribution of drugs, recipes for their manufacture and tips for using them;

(k) has the potential to lead to illegal acts by misleading Users or violating their trust;

(l) and also violates other rights and interests of citizens and legal entities or the requirements of the legislation of the Russian Federation.

6.3.5. illegally upload, store, publish, distribute and provide access or otherwise use the intellectual property of Users and third parties;

6.3.6. carry out mass mailing of messages to other Users of the Site without their prior consent and / or any other similar unsolicited mailings (spam), including using certain functionality of the Site (for example, the Site counters provided for in clause 6.3.16 of these Rules);

6.3.7. use the software and carry out actions aimed at disrupting the normal functioning of the Site or personal pages of Users;

6.3.8. upload, store, publish, distribute and provide access to or otherwise use viruses, trojans and other malicious programs;

6.3.9. use, without special permission from the Site Administration, automated scripts (programs, bots, crawlers) to collect information on the Site and/or interact with the Site and its functionality;

6.3.10. in any way, including, but not limited to, by deception, breach of trust, hacking, try to gain access to the login and password of another User;

6.3.11. carry out illegal collection and processing of personal data of other persons;

6.3.12. to use the Site in a different way, except through the interface provided by the Site Administration, unless such actions were expressly permitted to the User in accordance with a separate agreement with the Administration;

6.3.13. reproduce, duplicate, copy, sell, trade and resell access to the use of the Site, including its non-activated data and commands, for any purpose, except when such actions were expressly permitted to the User in accordance with the terms of these Rules or a separate agreement with the Administration;

6.3.14. place commercial and political advertisements outside the special sections of the Site established by the Site Administration;

6.3.15. post any other information that, in the personal opinion of the Administration, is undesirable, does not correspond to the purposes of creating the Site, infringes on the interests of Users, or for other reasons is undesirable for posting on the Site;

6.3.16. carry out independently or on behalf of other Users using the functionality of their account, including by misleading or with the promise of encouragement, including using any programs, automated scripts, mass actions of the same type aimed at artificially increasing the indicators of the Site's counters (the number of friends , Likes, Tell Friends events, etc.).

6.4. The User is personally responsible for any information that he posts on the Site, informs other Users, as well as for any interactions with other Users carried out at his own risk.

6.5. If the User disagrees with these Rules or their updates, the User is obliged to refuse to use the Site, informing the Site Administration about it in the prescribed manner.

6.6. The acquisition by the User of the right to use non-activated data and commands of the Site is carried out on the basis of a license agreement, the text of which is freely available on the Internet at: https://esclub.club/site-pages/license, concluded by the Site Administration with the User.

6.7. API applications created by Users must use only the API methods published on the Site, as well as the ID, secure key and service access key specified in the settings of these applications. The use of other API methods, as well as the ID, secure key and service access key of third-party API applications, incl. API applications of the Site Administration is strictly prohibited. The user undertakes to regularly check the list of allowed methods and immediately make adjustments to the functionality of their API applications in accordance with changes in the list. For violation of this paragraph, the User bears the responsibility provided for by applicable law, these Rules and other documents of the Site Administration. The Site Administration reserves the right to protect its own rights and legitimate interests.

7. Terms of intellectual property rights

7.1. Exclusive rights to the Content posted on the Site.

7.1.1. All objects posted on the Site, including design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds and other objects and their collections (hereinafter referred to as the Content), are subject to the exclusive rights of the Administration, Users of the Site and other copyright holders, all rights to these objects are reserved.

7.1.2. Except as provided by these Rules, as well as the current legislation of the Russian Federation, no Content may be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise used in whole or in part without prior permission of the copyright holder, except in cases where the copyright holder has expressly expressed his consent to the free use of the Content by any person. Reproduction, copying, collection, systematization, storage, transfer of the Content in order to create a database for commercial and / or non-commercial purposes and / or use of the Content in whole or in any part, regardless of the method of use, without the consent of the Administration is not allowed.

7.1.3. The User, by posting on the Site the Content legally owned by him, grants other users a non-exclusive right to use it exclusively within the framework of the functionality provided by the Site, by viewing, reproducing (including copying) and other rights solely for the purpose of personal non-commercial use, except for cases when such use causes or may cause harm to the legally protected interests of the right holder.

7.1.4. The use by the User of the Content, access to which is obtained exclusively for personal non-commercial use, is allowed provided that all signs of authorship (copyrights) or other notices of authorship are preserved, the author's name is preserved unchanged, the work is preserved unchanged.

7.1.5. The User also grants the Site Administration a non-exclusive right to use, free of charge, the Content posted on the Site and legally owned by it in order to ensure that the Site Administration operates the Site to the extent determined by the functionality and architecture of the Site, and to display the Content in promotional materials of the Site Administration, including within images of the Site's interface, including by making such promotional materials available to the public. The specified non-exclusive right is granted for the period of posting the Content on the Site and extends its effect to the territory of countries around the world. The expiration of the term for posting the Content on the Site and / or the term of the non-exclusive right does not entail the need to withdraw from circulation the promotional materials of the Site Administration with the display of the Content (including their removal from the Internet). The Site Administration has the right to transfer the rights specified in this paragraph to third parties. The User agrees that the Administration has the right to use the functional and technical capabilities of the Site that ensure the display of the Content posted by the User, including the player (player) intended for the purposes of displaying the Content, at its own discretion, including for the purposes of displaying advertising information.

7.1.6. If the User removes his Content from the Site, the non-exclusive right referred to in clause 7.1.5. of these Rules will be automatically revoked, however, the Administration reserves the right, if necessary, due to the technical features of the Site, to keep archived copies of User Content for the required period.

7.1.7. In addition to its own Content, the User is not entitled to upload or otherwise make public (publish on the Site) the Content of other sites, databases and other results of intellectual activity in the absence of the express consent of the copyright holder to such actions.

7.1.8. Any use of the Site or Content, except as permitted in these Rules or in the case of the express consent of the copyright holder to such use, without the prior written permission of the copyright holder, is strictly prohibited.

7.1.9. Unless otherwise expressly provided in these Rules, nothing in these Rules can be considered as a transfer of exclusive rights to the Content.

7.2. Liability for violation of exclusive rights.

7.2.1. The User is personally responsible for any Content or other information that he uploads or otherwise makes public (publishes) on the Site or with its help. The User does not have the right to upload, transfer or publish Content on the Site if he does not have the appropriate rights to perform such actions, acquired or transferred to him in accordance with the legislation of the Russian Federation. If a violation of rights is detected, the Rules for handling complaints about User Content, posted at the address: https://esclub.club/site-pages/abuse, are used to file complaints.

7.2.2. The Site Administration may, but is not obligated to, review the Site for prohibited Content and may remove or move (without notice) any Content or users at its sole discretion, for any reason or no reason, including, without limitation, moving or deleting Content that, in the personal opinion of the Administration, violates these Rules, the legislation of the Russian Federation and / or may violate the rights, cause harm or threaten the safety of other Users or third parties.

7.3. Third Party Sites and Content.

7.3.1. The Site contains (or may contain) links to other sites on the Internet (third party sites), as well as articles, photographs, illustrations, graphics, music, sounds, videos, information, applications, programs and other Content owned or coming from third parties (Third Party Content), which is the result of intellectual activity and protected in accordance with the legislation of the Russian Federation.

7.3.2. These third parties and their Content are not checked by the Administration for compliance with certain requirements (authenticity, completeness, integrity, etc.). The Administration is not responsible for any information posted on the websites of third parties to which the User accesses through the Site or through the Content of third parties, including, but not limited to, any opinions or statements expressed on the websites of third parties or in their Content.

7.3.3. The links or instructions for downloading files and/or installing third-party programs posted on the Site do not mean support or approval of these actions by the Administration.

7.3.4. A link to any site, product, service, any information of a commercial or non-commercial nature posted on the Site does not constitute an approval or recommendation of these products (services) by the Administration.

7.3.5. If the User decides to leave the Site and go to third-party sites or use or install third-party programs, he does so at his own risk and from that moment these Rules no longer apply to the User. In further actions, the User should be guided by applicable rules and policies, including the business practices of those persons whose Content he intends to use.

8. Functioning of the Site https://esclub.club and responsibility for its use

8.1. Users are responsible for their own actions in connection with the creation and placement of information on their own personal page on the Site, as well as in connection with the placement of information on the personal pages of other Users and in other sections of the Site in accordance with the current legislation of the Russian Federation. Violation of these Rules and the current legislation of the Russian Federation entails civil, administrative and criminal liability.

8.2. The Site Administration provides the technical possibility of its use by the Users, does not participate in the formation of the content of the Users' personal pages and does not control and is not responsible for the actions or inaction of any persons in relation to the use of the Site or the formation and use of the content of the Users' personal pages on the Site.

8.3. There are no technical solutions in the information system of the Site and its software that automatically censor and control the actions and information relations of Users on the use of the Site, with the exception of special technical solutions that can be implemented by the Administration in order to prevent and suppress violations of the rights of third parties to the results of intellectual activity.

8.4. The Administration reserves the right at any time to change the design of the Site, its content, functionality, change or supplement the scripts used, software and other objects used or stored on the Site, any server applications at any time with or without prior notice.

8.5. The Site Administration is not engaged in preliminary moderation or censorship of User information and takes actions to protect the rights and interests of individuals and ensure compliance with the requirements of the legislation of the Russian Federation only after the person concerned applies to the Site Administration in the prescribed manner.

8.6. The Site Administration is not responsible for the violation by the User of these Rules and reserves the right, at its own discretion, as well as upon receipt of information from other users or third parties about the violation by the User of these Rules, to change (moderate), block or delete any information published by the User, violating the prohibitions established by these Rules, suspend, restrict or terminate the User's access to all or any of the sections or functionality of the Site, exclude from the search system and / or block the Community at any time for any reason or without explanation, with or without prior notice such. The Site Administration reserves the right to delete the User's personal page and / or suspend, restrict or terminate the User's access to any of the Site's functionality if the Administration finds that, in its opinion, the User poses a threat to the Site and / or its Users. Along with the above in this paragraph, the Site Administration has the right to block and / or delete API Applications, restrict Users' access to API Applications, websites, third-party applications, other third-party resources, block and / or remove links to them, if the Site Administration there will be reason to believe that such API Applications, sites, applications of third parties, other third-party resources pose or may pose a threat to the normal operation of the Site and its Users. The Site Administration implements the measures described above in accordance with applicable law and is not responsible for the possible negative consequences of such measures for the User or third parties.

8.7. After deleting the personal page, the User loses access to the use of the Site. Deleting the User's personal page means the automatic deletion of all information posted on it, as well as all User information entered during registration on the Site.

8.8. The Site Administration ensures the operation and performance of the Site and undertakes to promptly restore its performance in the event of technical failures and interruptions. The Site Administration is not responsible for temporary failures and interruptions in the operation of the Site and the loss of information caused by them. The Administration is not responsible for any damage to the computer of the User or another person, mobile devices, any other equipment or software caused by or associated with downloading materials from the Site or via links posted on the Site.

8.9. The Site Administration has the right to dispose of statistical information related to the operation of the Site, as well as information of Users to ensure targeted display of advertising information to various audiences of Site Users. For the purposes of organizing the functioning and technical support of the Site and the execution of these Rules, the Site Administration has the technical ability to access the personal pages of Users, which it implements only in cases established by these Rules.

8.10. The Site Administration has the right to send the User information about the development of the Site and its functionality, as well as advertise its own activities.

8.11. Limitation of liability of the Site Administration:

8.11.1. THE SITE AND ITS FUNCTIONALITY, INCLUDING ALL SCRIPTS, APPLICATIONS, CONTENT AND DESIGN OF THE SITE ARE PROVIDED "AS IS". THE ADMINISTRATION DISCLAIMS ALL WARRANTIES THAT THE SITE OR ITS FUNCTIONALITY MAY OR NOT BE SUITABLE FOR A PARTICULAR PURPOSE OF USE. THE ADMINISTRATION CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SITE AND/OR ITS FUNCTIONALITY;

8.11.2. TO AVOID CONFIDENCE, THE USER SHOULD OBSERVE PRECAUTIONS IN DOWNLOADING FROM THE SITE OR FROM THE LINKS POSTED ON THE SITE AND USING ANY FILES, INCLUDING THE SOFTWARE. THE SITE ADMINISTRATION STRONGLY RECOMMENDS TO USE ONLY LICENSED, INCLUDING ANTI-VIRUS SOFTWARE;

8.11.3. Using the site, the user agrees that he downloads from the site or with its help any materials at his own risk and bears personal responsibility for the possible consequences of using these materials, including the damage that this can cause a user to a user or third parties, for LOSS OF DATA OR ANY OTHER DAMAGE;

8.11.4. Under no circumstances, the site administration or its representatives are responsible to the user or to any third parties for any indirect, random, unintentional damage, including lost benefits or lost data, harm of honor, dignity or business reputation caused by the use of the site, THE CONTENT OF THE SITE OR OTHER MATERIALS WHICH YOU OR OTHER PERSONS HAVE ACCESSED THROUGH THE SITE, EVEN IF THE SITE ADMINISTRATION HAS WARNED OR INDICATED THE POSSIBILITY OF SUCH HARM.

9. Final provisions

9.1. These Rules constitute an agreement between the User and the Site Administration regarding the procedure for using the Site and its functionality and replace all previous agreements between the User and the Administration.

9.2. These Rules are governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by the Rules are subject to resolution in accordance with the legislation of the Russian Federation.

9.3. In the event of any disputes or disagreements related to the execution of these Rules, the User and the Site Administration will make every effort to resolve them through negotiations between them. In the event that disputes are not resolved through negotiations, disputes are subject to resolution in the manner prescribed by the current legislation of the Russian Federation.

9.4. These Rules come into force for the User from the moment of his accession to them and are valid for an indefinite period.

9.5. These Rules are drawn up in Russian and can be provided to the User for review in another language. In case of discrepancy between the Russian version of the Rules and the version of the Rules in another language, the provisions of the Russian version of these Rules shall apply.

9.6. If, for one reason or another, one or more provisions of these Rules are declared invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions.

First edition dated 03.10.2022

Second edition dated 01.06.2023