ProSystems User Agreement
- General Provisions
- User Registration. User Account
- General Provisions on the Use and Storage
- User-generated Content
- Third Party Websites and Third Party Content
- Advertisements on the ProSystems services
- No Warranties; Limitation of Liability
- Other Provisions
1. General Provisions
1.1. ProSystems LLC (hereinafter — "ProSystems") offers the Internet user (hereinafter – the "User") to use their services in accordance with the terms set out in this User Agreement (hereinafter — the "Agreement", the "UA"). The Agreement shall enter into force upon the User's express consent with its terms in the manner prescribed by clause 1.4 of this Agreement.
1.2. ProSystems shall offer Users access to storage services for different types of information and materials (content), communications, etc. All currently existing services, as well as any development thereof and/or addition of new services is the subject of this Agreement.
1.4. After the registration process, the User is considered to have accepted the terms of the Agreement in full, without reservation or exception. If the User disagrees with any of provisions of this Agreement, they may not use any ProSystems services. If ProSystems made any changes to the Agreement in accordance with clause 1.3 of the Agreement, and the User does not agree with the changes, they must stop using the ProSystems services.
2. User Registration. User Account
2.1. To use any ProSystems services, the User must complete the registration process to create a unique User account.
2.2. For registration purposes, the User agrees to provide accurate and complete information about themselves on the basis of questions in the registration form, and update this information where necessary. If the User provides inaccurate information or there is reason for ProSystems to believe that the information supplied by the User is incomplete or inaccurate, ProSystems has the right, in its sole discretion, to block or delete the User account or deny the User to use any ProSystems services (or some of their features).
2.3. ProSystems reserves the right to, at any time, require the User to confirm the data specified during registration and request relevant documents in this connection (for example, identity documents), failing which, at the discretion of ProSystems, can be equated to the provision of false information and shall entail the consequences provided for in clause 2.2 of the Agreement. If the User data provided by the User in the documents does not match the data specified during registration, or where the data so specified may not be used to identify the user, ProSystems shall be entitled to deny the User access to the user account and to the ProSystems services.
2.4. Means of access to the User account.
2.4.1. During the registration process, the User must choose its username (a unique symbolic name of the User account) and password to access its account. ProSystems may prohibit the use of certain logins and impose other login and password requirements (number of symbols, permissible symbols, etc.).
2.5. The User shall be solely responsible for the security (effectiveness against guessing) of the chosen means of access to the account and will ensure their confidentiality. The User shall be solely liable for any activity (and its consequences) within or using the ProSystems services under its User account, including voluntary transfer of access data for its account by the User to third parties on any terms (e.g. based on contracts or agreements). Also, all activity within or using the ProSystems services under the User account shall be deemed to have been provided by the User, except in cases where the User, in the manner prescribed by clause 2.7., has notified ProSystems of unauthorized access to the ProSystems services using its user account and/or of any breach (suspected breach) of confidentiality of their means of access to the user account (password or two-factor authentication means).
2.6. The User shall immediately notify ProSystems of any unauthorized (not permitted by the User) access to the ProSystems services using its user account and/or of any breach (suspected breach) of confidentiality of their means of access to the user account. For security purposes, the User must provide a safe logout from its account (using the Exit button) at the end of each session in the ProSystems services. ProSystems shall not be liable for any loss or damage of data or any other consequences of any nature that may occur due to breach of the provisions of this Agreement by the User.
2.7. The User's use of its account.
2.7.1. The User may not reproduce, replicate and copy, sell and resell and use for any commercial purposes any part of the ProSystems services (including content available to the User through the services) or access to them, except where the User has received such permission from ProSystems, or as expressly provided for in the user agreement of any service.
2.8. Termination of registration. ProSystems has the right to block or delete the User account and to deny access using any account to certain ProSystems features, or to remove any content without disclosing the reason for that including in case of breach of the terms of the Agreement or any other documents provided for in clause 1.3. of this Agreement, and in case of failure to use the relevant service.
2.9. Deleting a User Account.
2.9.1. The User may at any time delete its account subject to appropriate functionality.
3. General Provisions on the Use and Storage
3.1. ProSystems may introduce limitations for the use of services for all Users or for specific categories of Users, as follows: availability/unavailability of certain features of the service, the content storage period, the maximum number of messages that can be sent or received by one registered user, the maximum message size or disk space, the maximum hit count for a service during the period specified, the maximum storage period for the content, special parameters for content uploads, etc. ProSystems may deny automatic access to their services and stop accepting any information generated automatically.
3.2. ProSystems shall be entitled to send its users informational messages. By using the ProSystems services, the User shall also, in accordance with part 1 of Article 18 of the Federal Law "On Advertising", provide its consent to receive messages of a commercial nature.
4. User-generated Content
4.1. The User shall be solely responsible for the compliance of the content posted by the User content with requirements of applicable law, including liability to third persons in cases where posting of a content by the User or the content itself would infringe on rights and legitimate interests of third parties, including moral rights of authors or other intellectual rights of third parties and/or on intangible benefits owned by third parties.
4.2. The User agrees that ProSystems shall not be obliged to review any content posted and/or distributed by the User through the ProSystems services, and that ProSystems shall have the right (but not the obligation), in its sole discretion, to deny the User in posting and/or sending content or to delete any content that is available through the ProSystems services. The user acknowledges and agrees that it must independently assess all risks associated with the use of content, and assess the reliability, completeness, or usefulness of content.
5.1. The User shall be solely liable to third parties for its activities associated with the use of the Service, in particular, where such activities cause infringement on any rights or legitimate interests of third parties, and shall be responsible for compliance with the laws when using the Service.
5.2. While using the ProSystems services, the User may not:
5.2.1. upload, send, transmit or in any other way post and/or distribute content that is unlawful, harmful, slanderous, or injuring to morality, demonstrates (or is a promotion of) violence and cruelty, infringes on intellectual property rights, promotes hatred and/or discrimination against people on racial, ethnic, sexual, religious, social grounds, is offending to any persons or organizations, contains elements (or is a promotion of) pornography, child erotica, constitute an advertisement (or is a promotion of) of services of a sexual nature (including under the guise of other services), contains explanations of methods of manufacture, application or other use of narcotic or similar substances, explosives or other weapons;
5.2.2. violate the rights of third parties, including minors and/or cause them harm in any form;
5.2.3. represent falsely itself to be another person or a representative of an organization and/or community without to have sufficient rights, including ProSystems employees, forum moderators, website owners, and use any other forms and ways of illegal representation of other persons online, or mislead users or ProSystems misled about the properties and characteristics of any subjects or objects;
5.2.4. upload, send, transmit or post and/or distribute in any other way content without to be authorized to do so under the law or any contractual relations;
5.2.5. upload, send, transmit or post and/or distribute in any other way unsolicited advertisements, spam, lists of other persons' e-mail addresses, pyramid schemes for multi-level marketing (network marketing, MLM), online earning systems and mail businesses, chain letters or use the ProSystems services to participate in these activities;
5.2.6. upload, send, transmit or post and/or distribute in any other way materials, containing viruses and other computer codes, files or programs designed to damage, destroy or limit functionality of any computer or telecommunications equipment or software to perform unauthorized access, as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means to obtain unauthorized access to commercial Internet resources, as also provide links to above mentioned information;
5.2.7. collect or store personal data of other persons without proper authorization;
5.2.8. disrupt the normal operation of websites or the ProSystems services;
5.2.9. promote acts aimed at violating the restrictions and prohibitions imposed by the Agreement;
5.2.10. otherwise violate applicable laws, including international law.
6. Third Party Websites and Third Party Content
6.1. The ProSystems Services may contain links to other websites on the Internet (third party websites). These third parties and their content shall not be subject to inspection by ProSystems for compliance with certain requirements (authenticity, completeness, legality, etc.) ProSystems shall not be liable for any content, materials posted on third party websites to which the User is granted access with the use of the services, including for any opinions or statements expressed on third party websites, advertisements, etc., and also for the availability of such websites or content and consequences of their use by the User.
6.2. Reference (in any form) to any website, product, service, any information of commercial or non-commercial nature, posted on the Website shall not be deemed an endorsement or recommendation of these products (services, activity) by ProSystems, except when this is expressly stated on any ProSystems services.
7. Advertisements on the ProSystems services
7.1. ProSystems shall not be liable for any advertisements on the ProSystems services, within the limits established by the laws of the Russian Federation.
8. No Warranties; Limitation of Liability
8.1. The user shall use the ProSystems services at its own risk. The services shall be provided on «as is» basis. ProSystems shall assume no responsibility, including for services' suitability for particular User's purposes;
8.2. ProSystems does not warrant that: the services meet/will meet the User's requirements; the services will be uninterrupted, timely, reliable or error-free; any results that may be obtained from the use of the services will be accurate or reliable and can be used for any purpose or in any function (e.g. to establish and/or confirm any facts); the quality of any products, services, information, etc. obtained using the services will meet the User's expectations;
8.3. Any information and/or materials (including downloadable software, letters, any instructions and guidance, etc.), that are accessed by the User from using the ProSystems services can be used by the User at its own risk and the User will be solely responsible for the consequences of use of such information and/or materials, including for any damage it may cause to the User's computer or any third parties, for loss of data or any other damage;
8.4. ProSystems shall not be held liable for any losses resulting from the use of the ProSystems services or certain parts/functions of the services by the User;
8.5. Under any circumstances, the liability of ProSystems in accordance with Article 15 of the Russian Civil Code shall be limited to ten thousand (10,000) Russian rubles and shall be imposed on them in case of fault of ProSystems.
9. Other Provisions
9.1. This Agreement constitutes the contract between
the User and ProSystems concerning the procedure for use of the services and supersedes all prior agreements between the User and ProSystems.
9.2. This Agreement shall be governed and interpreted in accordance with the laws of the Russian Federation. Issues not regulated in this contract shall be resolved in accordance with the laws of the Russian Federation. All possible disputes arising from relations governed by this Agreement shall be resolved in accordance with the applicable laws of the Russian Federation, under the rules of the Russian law. As used anywhere in this Agreement and unless expressly stated otherwise, the term "laws" means both the laws of the Russian Federation and the laws of the place of residence of the User.
9.3. Nothing in the Agreement can be understood as the establishment between the User and ProSystems of agency relationships, partnership relationships, joint activity relationships, personal hiring relationships, or any other relationships, not expressly provided for by the Agreement.
9.4. If, for whatever reason, one or more provisions of this Agreement be held invalid or unenforceable, this will not affect the validity or enforceability of the remaining provisions of the Agreement.
9.5. No failure to act by ProSystems in the event of a breach by the User or other users of any provisions of the Agreement shall deprive ProSystems of the right to take appropriate actions to protect their interests later, or shall mean ProSystems' waiver of their rights in case of any subsequent similar breach.