May 21, 2018
Any reference made in this Agreement to "Mail.Ru Agent" shall be deemed to have been made to LLC Mail.Ru, its subsidiaries, successors, assignees, and affiliates, as well as any company that controls LLC Mail.Ru, directly or indirectly, and any other subsidiary of that controlling company.
You represent and warrant that you have the adequate legal capacity to enter into this Agreement.
By registering at the Mail.Ru Agent Services you confirm that your age is sufficient for such registration under the applicable laws and/or you have all necessary consents (e.g. parental consents) in full compliance with the applicable laws, including for purposes of data protection laws, otherwise the registration at the Mail.Ru Agent Services and its using is prohibited.
You further represent and warrant that you will use the Mail.Ru Agent Services only for lawful purposes and in accordance with this Agreement or any applicable laws.
Parents and guardians who would like to allow their children to use the Mail.Ru Agent Services should assist them in setting up their Mail.Ru Agent account and supervise their use of the Mail.Ru Agent Services. The Mail.Ru Agent Services may contain certain content and functionality that is not appropriate for children. As parents and guardians it is your responsibility to supervise your children’s use of the Mail.Ru Agent Services and restrict any use of Mail.Ru Agent Services which may not be appropriate for your child.
Use of certain Mail.Ru Agent Services may be subject to additional terms and rules that will supplement the terms of this Agreement (the “Supplemental Terms” and together with the terms of this Agreement and the https://agent.mail.ru/legal/pp, the ”Terms of Service”). By using those services you agree to comply with such Supplemental Terms. In case of contradiction between any provision of this Agreement and any provision in any of the Supplemental Terms, the provision specific to the applicable Mail.Ru Agent Service shall prevail.
Registration. In order to use certain Mail.Ru Agent Services, Mail.Ru Agent may require that you register and /or provide certain user details, including, without limitation, name, email address, age and phone number. Please note that when you register to Mail.Ru Agent other users will be able to search for you and find you on Mail.Ru Agent using the details provided. Once a user has found you he will be able to add you to his contact list and view your online/offline presence. LLC Mail.Ru provides you with various privacy and security settings to limit who may view your presence or contact you. For more information please visit LLC Mail.Ru’s privacy and security help pages at https://agent.mail.ru/legal/pp. Please note that certain security and privacy features may not apply when using Mail.Ru Agent on mobile devices.
Mail.Ru Agent Mobile. When you use certain Software on mobile devices you may have the option or may be required to provide LLC Mail.Ru with your mobile phone number. In addition to your mobile phone number when using the Software on certain mobile devices LLC Mail.Ru may need to access and collect certain details from your mobile device including details from your address book. Such details include the names and phone numbers of the contacts listed in your mobile devices address book. LLC Mail.Ru collects and stores such information to inform you when the contacts in your mobile devices address book have also registered to use the applicable Software, to inform such users that you have registered to use the Software and to populate your contact list with such users and enable you to communicate with them through the Software. Also, please note that LLC Mail.Ru may offer you functionality in which your log-in credentials are stored on your mobile device so that you can be automatically logged in to Mail.Ru Agent. If someone else obtains access to your mobile device (e.g., through theft), the automatic log-in feature will enable such person to have access to your Mail.Ru Agent account. Therefore, in the event your mobile device is lost or stolen, it is your responsibility to contact your wireless carrier immediately to prevent the unauthorized use of your mobile device.
Mail.Ru Agent Services include the ability and functionality to send, convey, and receive information among Mail.Ru Agent users and between Mail.Ru Agent users and persons who are not Mail.Ru Agent users. This information may be transmitted or conveyed using public networks, partner networks, third-party networks, or other networks, systems, servers, webpages, or application software (for example, telephone networks, cellular communication networks, email servers) ("Third-Party Networks"). By entering your phone number into Mail.Ru Agent settings and by sending text messages from your phone number to obtain paid Mail.Ru Agent services, you agree to receive informational and/or advertising text messages from LLC Mail.Ru and third parties. If you send text messages to third parties, you agree that these text messages may or may not be identified as having been sent from your phone number and on your behalf. Moreover, you bear sole responsibility for all potential claims associated with sending third messages to third parties. LLC Mail.Ru in no way controls third-party networks, and LLC Mail.Ru is not responsible for the performance, availability, functionality, quality, or reliability of any Third-Party Network or for the information sent, conveyed, transmitted, transferred, or received through a Third-Party Network. Notwithstanding all that has been stated above, LLC Mail.Ru does not warrant or guarantee that the information that is sent, transmitted , transferred, or conveyed using a Third-Party Network will reach its destination or the correct address or recipient, nor that the information about the recipient or sender is correct or accurate.
The Mail.Ru Agent Services or any part thereof including, without limitation, any version of the Software installed on your computer, or mobile device may be changed, updated, added to, limited or terminated, at any time, temporarily or permanently, without notice, for any reason or no reason by LLC Mail.Ru in its sole discretion ("Updates").
You agree to bear the risks of and hold LLC Mail.Ru harmless for any and all effects that the Updates may have on you and your ability to use the Software and the Mail.Ru Agent Services, in whole or in part, for communicating with third parties or their ability to communicate with you.
LLC Mail.Ru hereby provides you with a non-exclusive, non-transferable, limited license to use the software (including, any mobile applications) provided to you by LLC Mail.Ru (the “Software”) and applicable Mail.Ru Agent Services, for personal and internal business purposes on an "AS IS" basis subject to the terms and conditions of this Agreement and the Terms of Service.
LLC Mail.Ru may provide you with access to the Mail.Ru Developer Network and to certain development tools ("Tools") for the purpose of enabling developers to add certain Mail.Ru Agent functionality to their Web sites and applications. These Tools include, but are not limited to the Mail.Ru Agent On-site service and Mail.Ru Agent Status Indicator. The Tools are licensed to you pursuant to the terms of this Agreement (and any Supplemental Terms, including the Mail.Ru Agent Developer Network Agreement (https://agent.mail.ru/legal/developersagreement/en)), solely for personal and internal business purposes. Any other use or attempt to use these Tools for commercial or other purpose requires a special license from LLC Mail.Ru.
You agree not to (1) extract information from the Mail.Ru Agent Services, reverse engineer, decompile, disassemble, alter, duplicate, make copies, create derivative works from, distribute or provide others with the Software, the Mail.Ru Agent communications protocol or any information available on, derived or extracted from the Mail.Ru Agent Services, or any part thereof; (3) block, disable or otherwise affect any advertising, or other features that constitute an integral part of the Software and Mail.Ru Agent Services; and (4) connect, use, attempt to connect or use in any way the Mail.Ru Agent Services, for any commercial purpose.
In addition you may not create any software or incorporate into any software any portion of the Mail.Ru Agent Services or enable communication between the Mail.Ru Agent Services and any other service except as specifically permitted through the Mail.Ru Agent Developer Network Agreement ( https://agent.mail.ru/legal/developersagreement/en).
You may use the Mail.Ru Agent Services' features, offerings and content for lawful purposes only. You may not (1) enter user details of another person including for the purpose of impersonating that person, (2) violate the intellectual property rights of any person, (3) enter offensive details, or (4) send unsolicited bulk e-mail, junk e-mail or unsolicited bulk instant messages.
While you retain ownership of all right, title, and interest in any information, documents, content, video (including “snaps”), images, photographs or other material ("Material"), created, sent to LLC Mail.Ru or posted to the Mail.Ru Agent Services, by sending or posting such Materials you hereby grant LLC Mail.Ru, its affiliates, subsidiaries, assignees, licensees, and legal representatives an irrevocable, perpetual, worldwide license to use, including for marketing purposes and in marketing events, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Materials (as such may be edited and modified by LLC Mail.Ru in its discretion) through the Mail.Ru Agent Services and such other products or services as LLC Mail.Ru may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes.
You agree that you will not upload, post, submit or send any Materials through the Mail.Ru Agent Services or to LLC Mail.Ru that: (1) is offensive, harmful, vulgar, sexually explicit, or unlawful; (2) you don't have a right to transmit under any law, including but not limited to Materials that infringes patent, trademark, trade secret, copyright or other proprietary right or violates any right of privacy or publicity; (3) contains software viruses or any other computer code that may be harmful to LLC Mail.Ru or to Internet users in general; (4) is unsolicited advertising, promotional materials, or any other forms of solicitation; (5) impersonates in any way any person, entity or LLC Mail.Ru official; (6) collects or stores personal data about other users in any way or form or solicit or harvest passwords or screen names; or (7) is confidential, secret or proprietary information belonging to someone else
LLC Mail.Ru reserves the right and the sole discretion to refrain from publishing on the Mail.Ru Agent Services and to delete or remove from the Mail.Ru Agent Services any Materials posted or sent, by any user or any part thereof. You acknowledge that you (and not LLC Mail.Ru) are solely liable for any damage resulting from infringement of copyrights, proprietary rights or any other intellectual property rights, or any other harm or damage arising from your submission and LLC Mail.Ru's display of any Materials. You hereby hold LLC Mail.Ru harmless from and against any third party claim arising from use of the Materials.
You further understand and thereby authorize, that your Materials may be accessed, viewed, stored or reproduced by LLC Mail.Ru users or other visitors to the Mail.Ru Agent Services.
LLC Mail.Ru owns all intellectual property in the Mail.Ru Agent Services and the proprietary Mail.Ru Agent databases, including but not limited to LLC Mail.Ru components and algorithms, and access to the Mail.Ru Agent Services' server complex.
You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works or in any way exploit the content of the Mail.Ru Agent Services or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Mail.Ru Agent Services without the express permission of Mail.Ru Agent. No portion of the content on the Mail.Ru Agent Services may be stored in a computer except for personal and non-commercial use.
Mail.Ru Agent LOGO, THE Mail.Ru Agent NETWORK and/or other LLC Mail.Ru products referenced herein are trademarks and/or servicemarks of LLC Mail.Ru. Other products and companies' names or marks may be the trademarks or servicemarks of their respective owners. No license is granted to you in this Agreement, either expressly or implicitly, to use any trademark, servicemark, names, or logos of LLC Mail.Ru.
If you believe that your work has been copied and is accessible on the Mail.Ru Agent Services in a way that constitutes copyright infringement, go to https://agent.mail.ru/legal/copyright/en or instructions on how to contact Mail.Ru Agent.
Unless produced by LLC Mail.Ru, the information you access or receive by using the Mail.Ru Agent Services, is provided by the users, is entered or posted by them, and is not controlled, verified or endorsed by LLC Mail.Ru in any way. LLC Mail.Ru has the right, but not the obligation, to monitor content made available on or through the Mail.Ru Agent Services, to determine compliance with the Mail.Ru Agent Terms of Service and any other operating rules that may be established by LLC Mail.Ru from time to time. With respect to instant messages sent between users, LLC Mail.Ru employees do not monitor such messages but LLC Mail.Ru may employ certain automatic computer systems and filters to scan such messages for the purpose of limiting the sending of spam or other unsolicited commercial content through the Mail.Ru Agent systems.
Users shall remain solely responsible for the content of their messages. You acknowledge and agree that LLC Mail.Ru shall not assume or have any liability for any action or inaction by LLC Mail.Ru with respect to any conduct within the Mail.Ru Agent Services.
THE Mail.Ru Agent SERVICES AND SOFTWARE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. LLC Mail.Ru MAKES NO AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT, TITLE, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
LLC Mail.Ru DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY OR RELIABILITY OF THE SOFTWARE, OR THE Mail.Ru Agent SERVICES, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE, AND THE Mail.Ru Agent SERVICES IS ASSUMED BY YOU.
LLC Mail.Ru does not warrant or guarantee that all Software versions shall be provided with similar grades and level of service, features, functionality and the ability to use, the Mail.Ru Agent Services. LLC Mail.Ru does not warrant or guarantee (1) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; (2) that the information available on or through the Mail.Ru Agent Services will not contain adult-oriented material, or material which some individuals may deem objectionable; (3) that the Mail.Ru Agent Services and the functions or services performed by LLC Mail.Ru will be uninterrupted or error-free; or (4) that defects in the Mail.Ru Agent Services will be corrected. You are solely responsible to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system.
Please note that the Mail.Ru Agent Services, as with most Internet applications, are vulnerable to various security issues and hence should be considered unsecured. By using the Mail.Ru Agent Services and the Internet in general, you may be subject to various risks, including among others:
You acknowledge that you are aware of the risks and limitations of the Mail.Ru Agent Services and that while LLC Mail.Ru may provide you with certain security and privacy features that such features are provided to you as a convenience only and may not operate according to their description or may not operate at all.
If you do not wish to be subjected to these risks, you are advised not to use the Mail.Ru Agent Services. Furthermore, please do not use the Mail.Ru Agent Services for "Mission Critical" or "Content Sensitive" applications and purposes. For the purpose of this section "Mission Critical" applications and purposes shall mean applications and use that may result in damage; "Content Sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users.
IN NO EVENT WILL LLC Mail.Ru BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SOFTWARE, THE Mail.Ru Agent NETWORK, THE Mail.Ru Agent SERVICES, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER 'INFORMATION', EVEN IF LLC Mail.Ru SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO DELAYS, ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION; (iii) FOR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY INFORMATION, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION; OR (iv) IF ANY INFORMATION INFECTS OR CONTAMINATES A USER'S SYSTEM OR INFORMATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LLC Mail.Ru's LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
In no event will LLC Mail.Ru's liability with respect to this Agreement exceed the greater of (i) the amount you paid (if you paid) to LLC Mail.Ru for the Software, or (ii) the average monthly access fee paid by you to your local telephone company or communication provider, solely and specifically for access to the Mail.Ru Agent Services.
The entire risk as to the quality and performance of the Mail.Ru Agent Services, and the accuracy, adequacy, completeness, correctness, validity and quality thereof or of any other information is with the user.
Portions of some of the Software may have been created using third party software or code including through various open source projects. In such cases, the licenses and availability of source code for such components are specified in a copyright notice document or in other documents delivered with or linked from such Software. For information about third party software or source code, please refer to the Notice of Acknowledgements (https://agent.mail.ru/legal/acknotice/en). If you are not able to download the applicable open source code, please contact firstname.lastname@example.org.
General. Unless expressly stated to you by LLC Mail.Ru, the Mail.Ru Agent Services are provided to you free of charge. If any payments were made for any materials, equipment, products or services that bundle or offer any part of the Mail.Ru Agent Services, or for accessing the Mail.Ru Agent Services through any platform or network (including any telephone or communication charges), you acknowledge, that such payments were made for the equipment, products, services or access offered, and not for the actual Mail.Ru Agent Services.
Mobile Charging Policy. While LLC Mail.Ru does not currently charge for use of Mail.Ru Agent Services on mobile devices, please note that when using Mail.Ru Agent Services on mobile devices you may be charged by your cellular operator for data or access to the Internet. Therefore, please check with your cellular provider of any charges that will apply when using the Mail.Ru Agent Services through your mobile device.
Premium Services. There may be extra charges to use or access certain premium or subscription content, products or services ("Premium Services") on or through the Mail.Ru Agent Services. The Premium Services may be subject to additional terms and conditions, which will supplement this Agreement. You will need to agree to such additional terms and conditions in order to access any Premium Services.
LLC Mail.Ru may at any time terminate your Mail.Ru Agent number or access to the Mail.Ru Agent Services, cancel, change, introduce different options and features to different users or refrain from publishing Mail.Ru Agent numbers or any other details of the users on the various Mail.Ru Agent directories and listings for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of this Agreement or the Mail.Ru Agent Terms of Service. LLC Mail.Ru has no obligation to provide you a warning prior to termination of your use of the Mail.Ru Agent Services.
You understand that your use of the Mail.Ru Agent Services is at your own risk and that LLC Mail.Ru provides no assistance other than the information posted on the Mail.Ru Agent Web site located at https://help.mail.ru/agent_support/. LLC Mail.Ru is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software or any Mail.Ru Agent Service.
You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Mail.Ru Agent Terms of Service, including Mail.Ru Agent's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person other than LLC Mail.Ru.
You acknowledge that the Mail.Ru Agent Services contain LLC Mail.Ru proprietary and confidential information, and that disclosure of such information or misuse of the Mail.Ru Agent Services will give rise to irreparable injury to LLC Mail.Ru inadequately compensable in damages. Accordingly, LLC Mail.Ru may seek and obtain injunctive relief against such disclosure or misuse or threatened such disclosure or misuse, in addition to any other legal remedies that may be available.
LLC Mail.Ru may change, from time to time, the terms of this Agreement with or without a release of a new version of the Software. By continuing to use the Mail.Ru Agent Services, for a period of 30 days after a notice of such change has been provided on the Mail.Ru Agent network or Web site for the first time, you signify your consent to the new or revised Agreement. Subject to the foregoing, you further agree to be bound by the provisions of the Agreement available on the Mail.Ru Agent Web site at https://agent.mail.ru, if such license is marked with a more recent date than that on the license agreement that accompanies your Software.
By using any of the Mail.Ru Agent Services, you consent to receive legally required communications, including notices, agreements, disclosures or other information in connection with any of the Mail.Ru Agent Services electronically from LLC Mail.Ru (collectively, "Notices"). You agree that LLC Mail.Ru generally can send you electronic Notices by (i) e-mail to an e-mail address provided by you, and/or (ii) by SMS (text message) to your mobile device (iii) "pop up" notice, "System" notice, or any other form of notice, on any of the Mail.Ru Agent Services and/or by (iv) posting the Notices on a main page or other page of the relevant service. You agree that certain supplemental or enhanced services made available to Mail.Ru Agent users may also have their own Notice procedures.
The delivery of any Notice from LLC Mail.Ru is effective when sent by LLC Mail.Ru, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the Mail.Ru Agent Services.
You acknowledge that the various notes, notices and warnings available on the Mail.Ru Agent Services, are provided as a convenience only. The inclusion of such does not constitute an obligation on LLC Mail.Ru to provide such notes, notices and warnings in other places or features of the Mail.Ru Agent Services.
The provisions of this Agreement addressing restrictions on use, disclaimers of representations and warranties, indemnity obligations, intellectual property, Premium Services and governing law shall survive the termination of this Agreement, your use of the Mail.Ru Agent Services, and your use of or access to Premium Services.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
LLC Mail.Ru may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. For example, and without any limitation, you shall not transfer, assign, sell or offer for sale Mail.Ru Agent numbers, nor purchase or receive such Mail.Ru Agent numbers from any third party.
This Agreement and the Terms of Service shall be governed by and construed in accordance with the laws of the Russian Federation, excluding its conflicts-of-law rules. Please note that your use of the Mail.Ru Agent Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with LLC Mail.Ru or relating in any way to your use of the Mail.Ru Agent Services resides in the courts of the Russian Federation in connection with any such dispute including any claim involving LLC Mail.Ru or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
You agree to abide by U.S. and other applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to LLC Mail.Ru any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
The headings and captions used in this Agreement are inserted for convenience only and will not affect the meaning or interpretation of this agreement.
Copyright (c) 2002 - 2018 LLC Mail.Ru. ALL RIGHTS RESERVED