THE TERMS AND CONDITIONS OF USE OF THE SITE www.baralist.com INTERNET
Date of last edition: August 25, 2014
Viewing pages of this site signifies your agreement to the following terms and conditions. If you do not agree with these terms and conditions please refrain from accessing the site.
The text of the agreement on the provision of services, permanent placement in the Internet at (//baralist.com/stat/agreement), contains all the essential terms of the agreement, and an offer of Limited Liability Company "Startfilm groups" enter into an agreement with any third person using the Internet site http://www.baralist.ru, as specified in the agreement terms.
Thus, in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation, the text of the agreement on the provision of services using the Internet is a public offer.
In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, the proper acceptance of this offer is considered to be the consistent implementation of the following third party actions:
1. Familiarization with the terms of the Agreement and all its annexes;
2. Adding to reliable and relevant information, including unique username (email address) and password (identical password must be entered twice) in the registration form located on the Internet at (//baralist.com/)
3. Ticking of the space provided under "acquaintance, and confirm acceptance of the Terms of Service" in the registration form located on the Internet at //baralist.com/stat/agreement
1. Terms and Conditions
1.1. This Service Agreement, if the text does not expressly provide otherwise, the following terms shall have the following meanings:
1.1.1. "Artist" Limited Liability Company "Startfilm groups" - a legal entity registered under the laws of the Russian Federation, BIN 1117746211395, located at: Russian Federation, 105086, Moscow, Malaya Postal, 12, p.4, hereinafter "Baralist"
1.1.2. "User" specific members, concluded with Executor Agreement by acceptance of the offer, located on the Internet at //baralist.com/stat/agreement
1.1.3. "My Account" totality of protected pages of the Site, created through user registration, using which the user can, in particular, to carry out the order of services, modify user information, to perform payment services, as well as perform other actions. Access My Account is carried out by entering their credentials in the available fields on the site.
1.1.5. "Site" totality of the information, text, graphics, designs, images, photos and video and other results of intellectual activity, as well as computer programs contained in the information system that provides access to such information on the Internet network at http: // www .baralist.com
1.1.6. "Agreement" This service agreement and all its annexes.
1.1.7. "Parties" User and Artist.
1.2. All other terms and definitions in the text of the Agreement, the Parties shall be construed in accordance with the current legislation of the Russian Federation.
1.3. By signing the Agreement, the User agrees that the Contractor is entitled to transfer its rights and obligations under this Agreement to any third parties. This paragraph is the user's consent to the transfer of debt to any third party in accordance with paragraph 1 of Article 391 of the Civil Code of the Russian Federation.
2. Rights and obligations of the Contractor
2.1. Artist allows the user to use the site www.Baralist.ru and all its resources.
2.2. Information materials www.baralist.com any other Internet site (World Wide Web), which is owned, managed, granted by permission or controlled by the administrator Artist or affiliates, may not be copied, distributed, republished, uploaded, posted or transmitted in any form without the prior written permission of "Baralist" except for the following: allowed loading one instance of information materials for your personal home use in the non-commercial purposes, provided that you will not be removed from the material or alter any notice of copyright-protected works, trademarks and Other property rights "Baralist.
2.3. Change and use of the information by the administrator, for any other purpose violates the rights of "Baralist" intellectual property. The information on this site is provided only for legitimate purposes. If the User lawfully download software from the site, including all files, images, contained in it, or by using the software, and accompanying data (together, the "Software" is that software is considered to be transferred to the user with the permission of "Baralist." However, the user does not transmit any copyright or intellectual property rights, owns all rights reserved and "Baralist". The customer may not resell, decompile, reverse, design, disassemble or otherwise convert the Software to a different perceivable form.
2.4. Contractor shall be entitled to unilaterally change the terms of the agreement, with the notifying Member, by notification in the Personal Area.
2.5. Contractor shall be entitled to unilaterally amend the terms of the technology and the operation of the Site.
2.6. Contractor shall have the discretion to remove any information entered by the Customer or posted on the site.
2.7. Contractor is entitled to suspend access to the site for the customer, if the activities of the customer, according to the Contractor, is a threat to the Site and users and / or third parties.
2.8. Contractor is entitled to be placed on the site, the customer account page in the Dashboard and advertising information or any other information for public distribution without the prior consent of the customer.
2.9. Contractor is entitled to send the Client information and advertising messages. The Employer agrees to receive such messages.
2.10. Contractor is entitled to carry out preventive work on the site with a temporary suspension of the Site as possible at night and minimizing downtime of the Site notifying the User by posting this information on the site.
2.11. Artist in the processing of personal data of users shall take all relevant statutory requirements of the Russian Federation measures to protect them from unauthorized access.
3. The rights and obligations of the User
3.1. The User is obliged to specify on the Site exclusively accurate information and no way to enter the Contractor and / or the user and / or any third party astray. In particular, the User may not register on the Site on behalf of another person, or other person to call themselves.
3.2. User agrees to maintain the confidentiality of credentials, as well as the login and password to the email address specified by the user when registering on the site, self-determining way to store them, and has no right to pass credentials, as well as the login and password to the email address specified by the user registering on the Website to third parties.
3.3. The user undertakes to use the personal data of third parties resulting from the use of the Site and / or Services in accordance with the Federal Law №152-FZ dated 27 July 2006 "On personal data" as in force at the time of processing or other use of User's personal data , namely:
3.3.1. personal data can be used only for the purpose specified by the personal data subject to consent to their treatment (if bound by such an agreement provided for by law);
3.3.2. The user is forbidden to transfer the information obtained through the Site or through the use of the Services to a third party;
3.3.3. User assumes all obligations of the operator in terms of the Federal Law № 152-FZ dated 27 July 2006 "On Personal Data";
3.3.4. In case of damage to other Users and / or third parties related to the failure of the User of the Federal Law №152-FZ dated 27 July 2006 "On personal data", the responsibility for this lies squarely on the User.
3.4. By registering on the Site and making personal information in the registration form, the user makes the personal data made available to the public and anyone is free to read them. The User agrees with the fact that the treatment made them at registration of personal data is carried out on the basis of paragraph 1 of Article 10, paragraph 6 of the Federal Law №152-FZ dated 27 July 2006 "On Personal Data" (as amended on 25.07.2011 ).
4. Customer Data
4.1. All comments, suggestions, ideas, graphics and other information, with the exception of personal data, according to the Federal Law № 152-FZ dated 27 July 2006 "On Personal Data" Submitted by Baralistu "via this website or placed on it (collectively - "Customer Data"), become the property of "Baralist." Artist does not consider information submitted by users, subject to any provisions of confidentiality and is not responsible for the use of any ideas in their activities (including, without limitation, ideas for products and advertising), and does not assume any whatsoever liability for any similarities that may appear in Baralist activities "in the future.
4.2. Without any restrictions Contractor acquires exclusive present and future rights to data submitted by users, of every kind and nature everywhere. Except as described below, the Contractor shall have the right to use the data submitted by users, for any commercial or other, any purpose, without compensation to User or any other person to send the data. Personal data, which can be obtained on this site is freely available to visitors of this site. These data are intended to be used only for internal purposes, they are not sold or transferred to third parties not involved in the work of this website. Therefore, this right of use of data submitted by users for the limited use of this information and does not include unsaved information. Turning to the present site, the user confirms its responsibility for any submissions and bears full responsibility for such material, including its legality, reliability, legitimacy, authenticity and respect for copyright and related rights.
4.3. Photographs, videos, article releases and other text information posted by users is their intellectual property and the responsibility for placing these materials shall be placed the user, according to the law of the country in which the materials were placed.
4.4. When removing material at the request of holders that are subject to intellectual property rights, they are permanently deleted. Despite this, the remote materials could be stored as a backup for a reasonable period of time (the information will not be available to others). Keep backups - at least 1 year.
5. LIMITATION OF LIABILITY
5.1. The Contractor shall not be liable for any damage caused by, among other things, any failure, error, omission, interruption, defect, delay in transmission, computer virus or a bad connection. The Contractor shall not be liable for any damages, including, inter alia, incidental or consequential damages arising from the use or inability to use the information from this site, which also applies to cases where has been admitted negligence, as well as on those cases where the Artist or his authorized representative (or both) have been advised of the possibility of such damages.
5.2. The Contractor shall not be responsible for the temporary lack of user access to the Site and / or any - any part of the Site and / or any - any services, and the associated loss of the User and / or any third party.
5.3. The Contractor shall not be liable for losses of the User resulting from unlawful acts of third parties, including those related to unauthorized access to the user's personal account. The Contractor shall not be liable for losses caused to the user as a result of disclosure to third parties Credentials that occurred through no fault of the Contractor.
5.4. The user is solely responsible for all acts performed on site using the user's credentials.
5.5. The Contractor shall not be liable for losses of the User resulting from User's breach of the Agreement, the requirements of current legislation of the Russian Federation or other requirements placed on the Site;
6. Intellectual property
6.1. Exclusive and personal rights on the site belong to the Contractor or other persons who have concluded an agreement with the Contractor, giving him the right to post the results of intellectual activity of these persons on the Site or in its composition, and protected in accordance with the current legislation of the Russian Federation.
6.2. Actions and / or inactivity that caused the violation of the rights of the Contractor or aimed at violating the rights of performers to the Site or its components, involve criminal, civil and administrative liability in accordance with the legislation of the Russian Federation.
6.3. The user is solely liable in connection with the use of intellectual property contained in the site users on the Site, as well as materials submitted by the User through the Site that is stored on the Site Dashboard User or materials in any other way to becoming available to or through the Site as a result of actions and / or inactivity. Artist does not have the technical ability to monitor compliance with these materials in this paragraph the requirements of current legislation of the Russian Federation, including the Contractor is unable to monitor the presence or absence of a violation of these materials anyone's rights and interests.
6.4. The User is obliged to settle all possible claims of rights holders or other third parties to the Contractor relating to the materials referred to in paragraph 8.3 of the Agreement, on their own and at their own expense.
6.5. In the case of submission of the Contractor claims, claims by third parties on the issue of illegal use of the Client on the Website of intellectual property, the User agrees to indemnify the Contractor for all losses incurred by the latter as a result of such violation or filing such claims.
6.6. Used trademarks belong to their rightful owners.
6.7. The following trademarks used herein are owned by "Startfilm Group" - "Baralist" and "Baralist".
By accepting this agreement User undertakes:
7.1. Do not send or otherwise post unauthorized commercial communications (such as spam) through the "Baralist."
7.2. Do not engage in illegal network marketing through "Baralist", for example, the scheme of "financial pyramids".
7.3. Do not upload viruses or other malicious codes.
7.4. Not to demand information about the data for the logon of another user or try to go to someone else's account.
7.5. Do not post material which incite hatred, contain threats, pornography, nudity or graphic violence or have a very unpleasant for the perception of the character.
7.6. Do not use "Baralist" to commit unlawful, misleading, malicious, or discriminatory practices.
7.7. Do not perform any action that could disable, overburden, or impair the redundant load normal operation "Baralist", for example, to perform attacks such as denial of service or failure of display pages.
8.1. Possible evidence of use of this site for illegal purposes will be submitted to law enforcement authorities. This agreement represents the entire agreement between the parties relating to the use of this site. The Contractor may revise these Terms and Conditions at any time. However, the site can be described Artist products and services that are not provided everywhere. This site may be linked to other sites that are not supported "Baralist." Contractor is not responsible for the content of these sites. The inclusion of any link to such a site does not mean the recommendation of these sites from the "Baralista.
8.2. Photographs, videos, finding that our creative team of effort, time, and financial performance, we are watermarked "Baralist". Please be respectful to our efforts and do not wash, do not modify it and always when they are published to indicate an active link to the portal "Baralist."
8.3. Articles, news and other information is the intellectual property of the portal. Their publication is possible only with the permission of the administration and with the obligatory active link to the portal.
8.4. If you use the name of the service in radio or television broadcasts, the site name should sound like "Baralist dot com"
9. Settlement of Disputes and Claims
9.1. All disputes, controversies and claims that may arise in connection with the execution, cancellation or invalidation of the Agreement, the Parties shall endeavor to resolve by negotiation. The party, which has arisen claims and / or disputes to the other party a message indicating any claims and / or disputes.
9.2. Referred to in paragraph 9.1 of the Agreement message directs the user via e-mail to email@example.com, and sent to the Contractor in writing by sending by registered mail with return receipt requested. The message should contain the essence of the requirements, evidence supporting the claim, as well as information about the user.
9.3. Within fifteen (15) working days of receipt referred to in paragraph 9.1 of the Agreement posts, provided that the communication complies with the provisions of paragraph 9.2 of the Agreement, the Party which received it shall send a reply to this message.
9.4. If a reply message is received sent a communication to Party within thirty (30) working days from the date of the respective notice, or if the parties fail to agree on the arisen claims and / or disputes, the dispute shall be referred to the Arbitration Court of the City Moscow, or in the court of general jurisdiction based on the location of the Contractor.
9.5. To solve the technical issues in determining the guilt of the User as a result of its wrongful acts at using Internet network and the site in particular, as well as to review the messages to the user, the Contractor is entitled to independently attract competent organizations as experts. In the case of fault of the User, the latter shall reimburse the costs of the examination.
10. Entry into force and changes in the conditions of the Agreement
10.1. This Agreement shall enter into force from the moment of putting the characters in the space provided under "acquaintance, and confirm acceptance of the User Agreement" in the registration form located on the Internet at //baralist.com/stat/agreement
10.2. Agreement may be terminated at any time at the initiative of each Party. For this artist places a notice of termination on the Site and / or directs the user a notification from the date of such placement / such notice shall be deemed terminated agreement. The user can terminate the agreement by writing an e-mail letter firstname.lastname@example.org Contractor with all your contact details and request to delete your profile, while describing the cause of termination of the Agreement.
10.3. The user does not agree with the terms of the Agreement and / or changes in the conditions of the Agreement shall immediately terminate the Agreement in accordance with paragraph 10.2 of the Agreement.
10.4. Agreement and all legal relations arising from it are governed by the laws of the Russian Federation. All claims shall be resolved under the laws of the Russian Federation.