License Agreement

ATTENTION! IF YOU INSTALL THE ADAPTIVE PRODUCT OF DESKTOP AND MOBILE MAMBA WEBSITES, CREATE A PERSONAL PAGE WITH IT, HEAD OVER TO YOUR PERSONAL PAGE OR THE PAGE OF ANY OTHER LICENSEE IN THE UNIFIED MAMBA DATING AND COMMUNICATION SERVICE, OR DOWNLOAD OR COPY ANY CONTENT POSTED IN IT, OR OTHERWISE USE ADAPTIVE PRODUCT OF DESKTOP AND MOBILE MAMBA WEBSITES, THEN YOU ACCEPT THIS LICENSE AGREEMENT AND AGREE TO ALL ITS TERMS WITHOUT ANY LIMITATIONS.

This License Agreement (hereinafter referred to as the “Agreement”) governs the relationship between Mamba JSC, hereinafter referred to as the “Licensor”, and you, the Licensee of the Dating Service (hereinafter referred to as the “Licensee”), in relation to the use of the Dating Service.

  1. Terms used herein
    1. The Dating Service means a Computer program Adaptive Product for Desktop and Mobile Mamba Websites (registered in the Unified Register of Russian Programs for Electronic Computers and Databases on November 25, 2022, Registry Entry No. 15643) which ensures the functioning of the Mamba Unified Dating and Communication Service on both mobile devices and desktop computers using the browser. The Dating Service 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 the Data and Commands) intended for the operation of computers and mobile devices in order to obtain a certain result in the form of organization of the functionality of the dating and communication service. The set of data and commands consists of the activated and non-activated data and commands.

      The Dating Service allows the Licensees, if they have access to the World Wide Web, to create their own Personal Pages and get acquainted with the Personal Pages of other Licensees, search for information about other Licensees by certain parameters (gender, age, etc.), exchange messages with other Licensees, conduct and view online broadcasts, post, copy and download the photos and other Content, use other functionality of the Dating Service. The rights to use the data and commands (activated and non-activated) shall be transferred by the Licensor to the Licensee on the terms specified herein.

      The Dating Service, including the technical and organizational support, shall be operated and maintained exclusively by the Licensor and represents its obligation (subject to the provisions of Article 5 hereof), which ensures the possibility of granting rights to the Licensee. Participation of the Licensees in the Dating Service takes place in an interactive (online) mode by connecting the Licensee via the World Wide Web. The Licensor is the owner of the necessary scope of rights to the Dating Service as a computer program and to all its constituent parts, taken both individually and in the aggregate, as well as the audiovisual elements generated by it, with the exception of the Content not posted in the Dating Service by the Licensor, the right to elements of which may belong to third parties. The Licensor shall be entitled to use, operate and distribute the Dating Service in the respective territories, where it ensures its use, operation and distribution.

    2. The Licensor means the Mamba Joint Stock Company, which grants the Licensee the right to use the Dating Service under a non-exclusive license and makes available to the public, distributes, operates, maintains, and administers the Dating Service. The Licensor is a Party hereto.
    3. The Licensee means an individual who has reached the age of 18, has the legal capacity to enter into this Agreement, is a member of the Dating Service, who, in accordance with this Agreement, is granted the right to use the Dating Service under the terms hereof. The Licensee is a Party hereto.
    4. The Content means the design elements, illustrations, graphics, photos, scripts, texts, videos, music, sounds and other objects posted in the Dating Service, which are, among other things, the results of intellectual activity, the rights to use which may belong to the Licensor, the Licensees or other persons.
    5. The Applications mean the computer programs (games, electronic services, etc.) or their elements placed in the Dating Service by the Licensor or with its consent by third parties that may be used by the Licensee within the Dating Service in addition to the main functions of the Dating Service. The Licensee participates in the Applications on the terms provided for in the separate agreements with third parties.
    6. A personal page (a profile) – a section of the Dating Service containing a part of the information posted in the Licensee’s Account (including photographs, status information, records, etc.), which is available for viewing by other Licensees. The personal page is used by the Licensee for the purpose of exchanging messages, meeting other Licensees and performing other actions. Access to the personal page may be limited by the Licensee for other users within the available functionality of the Dating Service or by the Licensor in accordance with the terms of this Agreement.
    7. The Licensee’s Account (Account) means a Licensee’s account created at the time of registration in the Dating Service, which allows the Licensor to account for each Licensee and grant the rights to use the Dating Service through a unique login and password. The login and password for accessing the Account are determined by the Licensee independently when registering with the Dating Service and may be changed by it in the manner described in this Agreement or in the Support section on the Dating Service page.
    8. The Messages mean the electronic messages transmitted by one Licensee to another and not accessible to other persons, sent and received using the Licensee’s Personal Page.
    9. The Remuneration means the payment to the Licensor for granting the Licensee the rights to use the non-activated data and commands within the limits set forth herein. The amount of the Remuneration shall be determined by the Licensor and depends on the amount of the non-activated data and commands, the right to use which shall be transferred to the Licensee.

      The rules of the Dating Service may provide for other conditions for obtaining the rights to use the non-activated data and commands, as well as restrictions on their use. The Licensee may read the said rules in the relevant sections of the Dating Service.

    10. The License Agreement means the text of this Agreement concluded between the Licensor and the Licensee, containing all the necessary and essential terms of the License Agreement for granting the rights to use the Dating Service, including the non-activated data and commands. The terms of payment of the Remuneration and any other rules for using the Dating Service posted by the Licensor on the relevant pages of the Dating Service, including the Support section, are also an integral part hereof.
    11. Recommendation technologies are information technologies for providing information based on the collection, systematization and analysis of the information related to the preferences of Internet users located on the territory of the Russian Federation.
  2. Terms of Accession to this Agreement
    1. Before using the Dating Service, the Licensee is required to read this Agreement, as well as all applicable Dating Service rules and other documents, which are posted in the relevant sections of the Dating Service.
    2. After filling in the required fields and reading this Agreement, the Licensee joins (accepts) this Agreement by clicking the Register button or similar, which, within the meaning of Article 435 and 438 of the Civil Code of the Russian Federation is the acceptance of the Licensor’s offer, as well as the conclusion of the Agreement generating the Licensee’s obligation to comply with the terms of the Agreement, including the rules applicable in the Dating Service.
    3. The actual use of the Dating Service without registering an Account, in the form and to the extent available without registration, is also an acceptance hereof.
    4. By registering with the Dating Service, the Licensee confirms that it has reached the age of 18 years or, if, in accordance with the applicable law, the registration with the Dating Service requires reaching a higher age, that it has reached such a higher age, otherwise the registration with the Dating Service and its use is prohibited.
  3. Subject Matter of the Agreement
    1. Under this Agreement, the Licensor shall grant the Licensee, under a simple non-exclusive license, the right to use the Dating Service, including the rights to use the activated and non-activated data and commands, to the extent specified herein.
    2. The right to use the activated data and commands shall be granted to the Licensee free of charge.
    3. The right to use the non-activated data and commands shall be granted to the Licensee for a Remuneration, unless the Licensor provides another way to obtain it.
  4. Limits of Using the Dating Service
    1. The Licensee may use the Dating Service in the following ways:
      1. to use the functionality of the Dating Service, including the participating in the formation of the Dating Service by creating an Account and a Personal Page and changing the content of the Dating Service and personal settings of the Account in the course of such participation by posting and processing the information and Content, interacting with other Licensees in compliance with this Agreement rules;
      2. to reproduce the elements of the Dating Service in the form of information and Content posted in it for personal use by copying to the memory of its personal computer and/or mobile device (downloading). If the elements of the Content are objects of copyright or personal images (photos) of other Licensees or third parties, the Licensee shall additionally obtain the consent of such persons when reproducing them;
    2. The Licensee shall be prohibited from:
      1. reproducing, distributing, processing for the commercial or non-commercial purposes the elements of the Dating Service that are the object of copyright of the Licensor, other Licensees or third parties, in the absence of the permission of the respective rightholders to perform these actions;
      2. reproducing the elements of the design or user interface of the Dating Service when creating the websites or conducting any commercial activity on or off the Internet;
      3. distributing the audiovisual displays and credentials of other Licensees present in the Dating Service in/outside the Dating Service for commercial or non-commercial purposes without the consent of those the Licensees;
      4. transferring the rights granted to the Licensee to use the Dating Service to other Licensees or third parties through the conclusion of a sublicense agreement or in any other way;
      5. violating the rules for using the Dating Service set out herein (Section 5).
  5. Terms of Use of the Dating Service
    1. To use the Dating Service, the Licensee creates an Account.

      In order to enter the Dating Service, the Licensee shall generate the unique authorization data - login and password, which are the confidential information and are not subject to disclosure, except as provided by the applicable law and/or this Agreement. The risk of fraudulent and other illegal actions with the Licensee’s Account due to the loss of the password shall be borne by the Licensee. The Licensee is advised to choose a password of sufficient complexity to avoid the possibility of it being guessed by third parties.

    2. The credentials and other data of the Licensee shall be processed by the Licensor in order to perform this Agreement properly.
    3. In order to fulfill the License Agreement and provide the Licensee with access to use the functionality of the Dating Service, the Licensor shall develop, improve, optimize and implement the new functionality of the Dating Service (including services and products of information, communication, advertising, educational, entertainment and other nature), including the participation of affiliates and/or partners. To ensure the implementation of these objectives, the Licensee agrees and instructs the Licensor to process (including collection, recording, systematization, accumulation, storage, clarification (updating, changing), comparison, extraction, use, depersonalization, blocking, deletion and destruction) the Licensee’s credentials and other data, including the results of automated processing of such data, including in the form of integer and/or text values and identifiers, their transfer to affiliates and/or partners in pursuance of such an instruction for processing, as well as to collect (receive) its credentials and other data from affiliates and/or partners in compliance with the applicable law.

      The credentials mean the information that the Licensee provides independently at the stage of registration in the Dating Service by filling out the registration form to create an Account and the Licensee’s Personal Page and some of the information provided during its use. Other data means the data related to the Licensee that becomes available to the Licensor in the course of the Licensee’s use of the Dating Service and/or services of affiliates and/or partners. Such data may include, among other things, the information about the technical means (devices) and methods of technological interaction with the Dating Service and/or services of affiliates and/or partners (including the host IP address, the Licensee’s operating system type, browser type, geographic location, data about the provider, etc.), about the Licensee’s activity, as well as other data obtained by the specified methods.

      The Licensor may have access to other information related to the Licensee and left by the latter at its own discretion in the process of using the Dating Service, which is not processed by the Licensor, including to achieve the objectives specified herein.

      The Licensee’s credentials and other data are processed during the entire period from the moment of registration of the Licensee’s Account to the moment of its deletion, unless otherwise provided by the applicable law.

      In order to fulfill the terms of the License Agreement properly, the Licensor shall take measures to ensure the security of the Dating Service. To achieve these objectives, the Licensee agrees that the credentials and other data may be transferred to third parties, including in cases provided for by the applicable law, to the extent necessary to detect, investigate and suppress the illegal actions.

      The Licensee agrees to display its credentials and other data, as well as other information on the Licensee’s Personal Page within the functionality of the Dating Service, and that such data will be considered publicly-available, unless the Licensee has chosen another mode of access to it within the functionality of the Dating Service. The Licensee agrees that the information, including the credentials and other data, may be available to other Internet users, subject to the existing functionality of the Dating Service (which may be changed from time to time by the Licensor). The Licensor may restrict the use of information from the Dating Service by third parties, including for commercial purposes. The use of information by the Licensor shall be governed by this Agreement.

    4. After registering the Account, the Licensee shall be entitled to fill the Account, Personal Page and other elements of the Dating Service with the Content, add photos and other materials in accordance with the functionality provided, broadcast and use other functions provided by the Licensor when using the Dating Service subject to compliance with this Agreement.
    5. The Licensee understands and agrees that the information and credentials posted in the Licensee’s Account are available for review by other Licensees through the Licensee’s Personal Page.
    6. The Licensee who has previously registered an Account shall log in to the Dating Service each time by going through the authorization procedure - entering the Licensee’s login and password, as a result of automatic authorization using cookies and by other methods available and permitted by the Licensor.
    7. A person authorized in the Dating Service is considered a proper user of the Account, access to the use and management of which was obtained as a result of such authorization, unless there is evidence to the contrary.
    8. When the Licensee uses the Dating Service, cookies may be used to authorize the Licensee in the Dating Service automatically, as well as to collect the statistical data, in particular about the attendance of the Dating Service.
    9. The Licensee shall be entitled to restrict or prohibit the use of cookies by applying the appropriate browser settings.
    10. If it is impossible to perform the authorization due to the loss of the password, blocking of the Account, and for other reasons, the Licensee shall be entitled to contact the Licensor’s support service, or follow the instructions posted in the Support section and other sections of the Dating Service. The methods for restoring access to the Account, the Licensee’s authorization may be changed, canceled or supplemented by the Licensor unilaterally.
    11. The Licensor makes commercially reasonable efforts to ensure the functioning of the Dating Service 24 hours a day, however, does not guarantee the absence of interruptions due to technical failures, preventive maintenance, and also does not guarantee the full or partial operability of the Applications. The Licensor does not guarantee that the Dating Service or any of its elements will continue to function at any particular time in the future or that they will not cease to operate.
    12. The dating service, including all scripts, Applications, Content and its design, mobile versions, is provided as is. The Licensor makes no warranties that the Dating Service or its elements may be suitable for specific purposes of use. The Licensor may not guarantee and does not promise any specific results from the use of the Dating Service or its elements. The Licensor does not guarantee the Content and Applications posted in the Dating Service, including by other Licensees, are consistent with the Licensee’s individual ideas of morality and decency.
    13. When using the Dating Service, the Licensee shall take precautions with respect to the Content, especially the Content posted by other Licensees, other materials and information; when clicking on hyperlinks posted in the Dating Service, when using any files, including the software, in order to avoid the negative impact on the Licensee’s computer of malicious software, unfair access to the Account, password guessing and other negative consequences for the Licensee.
    14. By posting the Content on the Dating Service, the Licensee grants the Licensor, free of charge, the right (simple (non-exclusive) license) to reproduce, distribute, translate and remake, as well as to report the Content posted by the Licensee in any other way, by cable, wire or other similar means, in a way that any person may access it interactively from any place and at any time of its choice (right of publicity), and also gives its consent to the disclosure and further use of its image if it is contained in such Content.
    15. The Licensee is not entitled to upload or otherwise make publicly-available (post on the Dating Service, publish within the Dating Service) the Content and other results of intellectual activity of the Licensees, the Licensor and other rightholders, in the absence of the express consent of the rightholder and/or the required volume rights to such actions.
    16. The reproduction, copying, collection, systematization, storage, transfer of the information from the Dating Service for commercial purposes and/or in order to extract the database of the Dating Service for commercial or non-commercial purposes, or use it in whole or in any part in any way, is not allowed without the Licensor’s consent. It is prohibited to use the automated scripts (programs, bots, crawlers and other means of automatic information collection) to collect information and (or) interact with the Dating Service without the Licensor’s consent.
  6. Rights and Obligations of the Licensor
    1. The Licensor shall manage the Dating Service, determine its structure, appearance, allow or restrict the Licensees’ access to the Dating Service in case of violation of the provisions hereof, and exercise other rights belonging to it. The Licensee agrees that the Licensor shall be entitled to use the functionality and technical capabilities of the software tools that ensure the display of the Content posted within the Dating Service at its own discretion, including for the purposes of displaying the advertising.
    2. With regard to enabling the interaction between the Licensees, including enabling the Licensees to perform certain actions on their own within the Dating Service, the Licensor acts solely as a person who has provided the technological possibility of such interaction using the Dating Service. The transfer, storage and provision of access via the Internet and software of the Dating Service to the information, graphic images and other materials provided by the Licensees related to such interaction shall be performed without changing such materials or affecting their content on the part of the Licensor.
    3. The Licensor shall decide on the procedure for advertising in the Dating Service, participation in affiliate programs, and other independently.
    4. The Licensor shall be entitled:
      1. to change the design and user interface of the Dating Service, its content, the content of the provided functions of the Dating Service, change or supplement the scripts, software, the Licensor’s Content and other objects used or stored in the Dating Service, any Applications and server applications, with or without notice to the Licensee at any time;
      2. to delete, without any reason and without warning, any Content, including the Content that, at the Licensor’s discretion, violates and/or may violate the laws of the Russian Federation (applicable law), the provisions hereof, the rights of other Licensees or third parties, cause harm them or pose a threat of harm and/or safety;
      3. to delete any information (including the Licensee’s Messages, comments on the Licensee’s photos, other information and other materials), including those posted by the Licensee in the Dating Service in violation of the laws of the Russian Federation (applicable law) and/or the provisions hereof at its own discretion;
      4. to suspend, restrict or terminate the Licensee’s access to all or any of the sections of the Dating Service and/or elements of the Dating Service, personal page, Dating Service functions, including the activated and non-activated data and commands, at any time without explanation, with or without prior notice, unless otherwise expressly provided by the applicable law;
      5. to delete the Licensee’s Account at its sole discretion, including if the Licensee commits the actions that violate the laws of the Russian Federation (applicable law) or the provisions hereof;
      6. to grant the Licensee, for a fee, the right to use the non-activated data and commands on the terms provided for herein and the relevant sections of the Dating Service and/or elements of the Dating Service, including the Applications;
      7. to send the advertising and informational or news messages to the Licensees from the Licensor and/or from the Licensor’s partners, including by e-mail, SMS, mailing using the functionality of the Dating Service or by any other available means;
      8. to determine and store the information about the IP addresses of the Licensee’s access to the Dating Service, use technical information files (cookies) placed on the Licensee’s personal computer in order to collect the statistical data and identify the Licensee;
      9. when using the Dating Service, to admonish the Licensees, warn, notify, inform them about the Licensees’ non-compliance with this Agreement. The Licensor’s instructions given to the Licensee during the process of using the Dating Service are binding for the Licensee;
      10. to take measures not prohibited by law to protect their own intellectual rights in relation to the Dating Service.
    5. The Licensor shall not deal with and resolve disputes and conflict situations that arise between the Licensees or third parties who have placed the Applications on the Dating Service with the Licensor’s consent when the Licensees use such Applications, but at its own discretion may assist in resolving the conflicts arising. The Licensor shall be entitled to suspend, restrict or terminate the Licensee’s access to the Dating Service (validity of the right to use the Dating Service) in the event of receipt from another Licensee(s) of substantiated complaints about the incorrect or unlawful behavior of this Licensee in the Dating Service.
    6. The Licensor shall assume the following obligations:
      1. to grant the Licensee the rights to use the Dating Service, including the rights to use the non-activated data and commands, within the limits established by this Agreement on the terms and conditions set forth herein;
      2. to notify the Licensee by publishing the information or sending messages in the Dating Service or in any other way available to the Licensor about the changes in the terms hereof.
  7. Rights and Obligations of the Licensee
    1. The Licensee shall be entitled:
      1. to adjust the settings of the Account and the Personal page, change the password for access to the Account;
      2. to post the information about itself in the Licensee’s Account, add photos;
      3. to search for other Licensees using the functionality of the Dating Service based on the information posted by such the Licensees on their Personal Pages;
      4. to use the functions of the Dating Service and the Application and post materials therein according to the requirements for posting materials, which are contained in this Agreement and/or in the respective section of the Dating Service;
      5. to send and receive the Communications within the limits established by the Licensor;
      6. to acquire the rights to use the non-activated data and commands and exercise these rights in accordance with this Agreement;
      7. to perform other actions not prohibited by the laws of the Russian Federation (applicable law) or this Agreement related to the use of the Dating Service.
    2. The Licensee shall be obliged:
      1. to comply with the terms hereof without any restrictions;
      2. to provide true information at the moment of registration in the Dating Service and creation of an Account;
      3. not to exceed the limits of the use of the Dating Service set out in Section 4 hereof;
      4. not otherwise to violate the Licensor’s intellectual property rights in relation to the Dating Service or any of its elements, in particular, the Licensee has no right to copy, broadcast, send, publish, and otherwise distribute and reproduce the materials posted by the Licensor in the Dating Service (text, graphics, audio-video) without the written the Licensor’s consent;
      5. to take appropriate measures to ensure the security of its Account and Personal Page and prevent an unauthorized access to them by third parties (in particular, ensure that the password is not saved in the browser, including when using cookies, in case of possible use of the Licensee’s computer device by third parties) independently;
      6. to follow the Licensor’s instructions concerning the use of the Dating Service, in particular those given by the Licensor to the Licensee or a group of the Licensees in the Dating Service, in the User Support Service (Licensees). If the Licensee fails to comply with such instructions, the Licensor shall be entitled to suspend, limit, terminate the Licensee’s rights to use the Dating Service, including the rights to use the non-activated data and commands;
      7. to confirm its credentials and other data at the request of the Licensor in connection with the conclusion and execution hereof;
      8. not to post photos in which other persons besides the Licensee are depicted without their prior consent, unless such consent is not required in accordance with Article 152.1. of the Civil Code of the Russian Federation or other provision of applicable law;
      9. to notify the Licensor of all cases of actions in the Dating Service with respect to the Licensee, which may be considered as insulting, humiliating, discrediting, etc;
      10. to review periodically the contents hereof on the Internet at: https://www.mamba.ru/app/standalone-agreement and follow the changes made to it;
      11. to comply with other requirements and fulfill other obligations hereunder and/or posted in the relevant sections of the Dating Service.
    3. The Licensee guarantees that it has all the necessary powers and capacity to enter into this Agreement.
    4. The Licensee shall be prohibited from:
      1. collecting the credentials of other Licensees and/or other information from the Dating Service without the Licensor’s consent;
      2. using any automatic or automated means to collect the information posted on the Dating Service;
      3. performing the propaganda or agitation that incites the social, racial, national or religious hatred and enmity, propaganda of war, social, racial, national, religious or linguistic superiority, disseminate other information prohibited for distribution by the applicable law;
      4. posting the information of restricted access (confidential information) of third parties in the Dating Service or transmitting, through the Messages, if the Licensee does not have sufficient rights by virtue of law or agreement to disclose this information;
      5. posting, reproducing, processing, distributing, publishing on the Dating Service, making available to the public, transferring, selling or otherwise using, in whole or in part, the Content of the Licensor, the Licensees and third parties, which is the object of copyright and other exclusive rights, without their prior permission, except for the cases established by this Agreement, the current laws of the Russian Federation (applicable law), as well as cases where the rightholder has expressly expressed its consent to the free use of its own Content by any person. By uploading Content to the Dating Service, as well as posting Content to the Dating Service in any other way, the Licensee confirms that it has all the rights necessary for this, including the right to inform the public that such placement does not violate and will not violate the rights and legitimate interests of rightholders and third parties, and that all necessary permissions and consents from the respective right holders and third parties have been duly and expressly obtained for this. It is prohibited to post the Content in the Dating Service if the Licensee does not have the necessary rights and/or consent of the rightholder for this;
      6. posting the text messages, graphic images or other materials in the Dating Service in the public domain or transmitting through Messages, the content of which is offensive to other Licensees or other persons or may be regarded as such, as well as messages, images and other materials that discredit the Licensees or other persons, contain threats, calls for violence, committing unlawful acts, antisocial, immoral acts, as well as committing any other actions that are contrary to the foundations of law and order and morality;
      7. posting the messages, graphic images or other materials (including those that do not correspond to reality) in the Dating Service, the placement of which causes or may damage the honor, dignity and business reputation of a citizen or the business reputation of an organization;
      8. posting the messages containing the obscene words and expressions in the Dating Service;
      9. posting the materials of a pornographic nature with the participation of minors in the Dating Service;
      10. posting the information that promotes the suicide, contains a description of the methods of suicide and any incitement to commit it in the Dating Service;
      11. posting the advertisements and other information about the narcotic and psychotropic substances in the Dating Service, including the information about the distribution of drugs, recipes for their manufacture and advice on their use, as well as posting the information of an extremist orientation;
      12. posting the information that violates the rights of minors in the Dating Service;
      13. posting any illegal information in the Dating Service;
      14. posting the personal data, including the contact details, of other Licensees or other persons without their prior consent in the Dating Service;
      15. specifying when registering an Account or entering subsequently the knowingly false information or other people’s data;
      16. posting the images of other persons without the consent of such persons or fictitious characters, images of animals, objects, abstract images, as well as any other graphic images that are not images of the Licensee posting these images, without the appropriate consent of the rightholders (authors) of such images in the Dating Service as its own photo;
      17. registering the Licensee’s Account for the purpose of use by a group of persons or an organization;
      18. registering more than one Licensee Account by the same person;
      19. taking actions aimed at destabilizing the functioning of the Dating Service, attempting the unauthorized access to the management of the Dating Service or its closed sections (including the sections to which the access is allowed only to the Licensor), as well as to perform any other similar actions;
      20. performing the unauthorized access to the other Licensees’ Accounts by guessing or entering a password, as well as attempting such access;
      21. ending spam – the mass mailing of commercial, political, advertising and other information (including the hyperlinks leading to websites with such information and/or to websites containing the malicious software) in the Messages, comments, posts, on Personal pages of the Licensees or performing other actions aimed at disseminating such information, if the Recipient the Licensees have not expressed their consent to receive such information;
      22. using the Dating Service to search for debtors or for other similar purposes;
      23. placing information that promotes, advertises and popularizes the tobacco and tobacco products, medicines, narcotic substances, strong and low-alcohol drinks in the Dating Service;
      24. placing other information that, in the opinion of the Licensor, does not comply with the policy and objectives of creating the Dating Service;
      25. using the functionality of the Dating Service by software tools that make changes to the commands, scripts and/or applications of the Dating Service.
  8. Guarantees and Liability
    1. The Licensee guarantees that posting in the Dating Service or transferring information, the Content, other legally protected results of intellectual activity, their parts or copies, as well as other materials through Messages does not violate anyone’s rights and legitimate interests. In the event of claims from third parties in connection with a violation of the terms hereof regarding the placement of information and/or the Content of third parties, the Licensor shall be entitled to transfer, within the limits permitted by law, the contact information of the Licensee available to it to the persons who filed the claims, in order to resolve the disputes that have arisen.
    2. The Licensee guarantees that it will take appropriate measures to ensure the confidentiality of the credentials (login and password) used by it for authorization in the Dating Service, and to prevent the possibility of authorization by other persons.
    3. The Licensor guarantees that the Licensor will use the e-mail address and mobile phone number specified in the Licensee’s Account to contact the Licensor with the Licensee, send notifications, messages and SMS to the Licensee, as well as to provide the Licensee with the functions of the Dating Service with the Licensee’s consent, which may be expressed when using the functionality of the Dating Service, unless otherwise provided by this Agreement or applicable law.
    4. The Licensor shall not participate in forming the content of the Licensee’s Personal Page and uploading the Content, shall not control the actions of the Licensee, shall not perform and shall not have the technical ability to the automatically censor information in the open sections of the Dating Service, in the Personal Pages of the Licensee, censor Messages and shall not be responsible for actions or inaction of the Licensee.
    5. Due to the peculiarities of the functioning of the Dating Service, except for the cases established by the Licensor, the Licensor does not perform and does not have the technical ability to perform the preliminary moderation of information and Content posted by the Licensee. The Licensor shall not be liable for the content of such information and Content.
    6. The Licensor shall not be liable for possible failures and interruptions in the operation of the Dating Service and the loss of information caused by them. The Licensor shall not be liable for any damage to the Licensee’s computer, mobile devices, any other equipment or software caused by or related to the use of the Dating Service or sites accessible via hyperlinks placed in the Dating Service.
    7. The Licensor shall not be liable for selection of a password for access to the Licensee’s Account by third parties and any actions performed by them using the Licensee’s Account.
    8. The Licensor shall not be liable for any damages, including the lost profits, or harm caused in connection with the use of the Dating Service, the Content posted on it or other materials to which the Licensee or other persons have accessed through the Dating Service, even if the Licensor warned or indicated the possibility of such damage or injury.
    9. The Licensee shall be liable for illegal actions performed using its Account, as well as in connection with the placement of Content using its Account in the Dating Service, on the Licensee’s Personal Page or other Licensees, in posts, in comments and in other sections of the Dating Service.
    10. The Licensee shall be personally liable for any Content or other information that it posts on the Dating Service or otherwise makes available to the public on or with the help of the Dating Service. The Licensee shall undertake to resolve the claims of third parties related to the illegal placement of Content and information in the Dating Service independently.
    11. The hyperlinks to any site, product, service, any information of a commercial or non-commercial nature, posted in the Dating Service, posted in the Personal Page records by the Licensees, etc. shall not constitute an endorsement or recommendation of these products (services) by the Licensor. The Licensor shall not be liable for damage caused to the Licensee as a result of following such hyperlinks.
    12. The Licensor shall not be liable for the possible illegal actions of the Licensee or third parties when using the Dating Service.
    13. The Licensor shall not be liable for the statements of the Licensee published in the Dating Service. The Licensor shall not be liable for the behavior of the Licensee in the Dating Service, disrespectful attitude towards other Licensees.
    14. The Licensor shall not be liable for the loss by the Licensee of the ability to access its Account in the Dating Service (loss of login, password, other information necessary to use the Account or Personal Page).
    15. The Licensor shall not be liable for incomplete, inaccurate, incorrect indication by the Licensee of its data when creating an Account and a Personal Page.
    16. When the Licensee uses the Game Applications of the Dating Service, the Licensor shall not be liable for the loss by the Licensee during the game process of game values obtained as a result of participation in such game Applications.
    17. The Licensor shall not be liable for the Licensee’s lack of access to the Internet, for the quality of services of Internet communication providers with which the Licensee has concluded agreements on the provision of Internet access services.
    18. The Licensor shall not exchange for cash or non-cash money or other values of the Dating Service received by the Licensee in the course of its use, including the virtual values.
    19. The Licensor shall not reimburse the Licensee for the expenses related to the acquisition by the Licensee of the rights of use, the non-activated data and commands, including in case of suspension or termination hereof on any grounds, unless otherwise expressly provided by the applicable law.
    20. The Licensor shall not be liable for any direct or indirect damages and lost profits of the Licensee or any other third parties caused as a result of:
      1. use or inability to use the Dating Service;
      2. unauthorized access of any third parties to the Licensee’s personal information, including the Licensee’s Account and Personal Page;
      3. statements or conduct of any third party on the Dating Service;
      4. deletion of the Account, the Content or termination of a particular element of the Dating Service or the Dating Service as a whole.
    21. In all circumstances the Licensor’s liability to the Licensee shall be limited to the amount of 3,000 (three thousand) rubles, and the loss of profit shall not be subject to compensation, unless otherwise expressly provided by the applicable law.
    22. The Licensor shall not be obliged to provide the Licensee with any evidence, documents and other evidence of the Licensee’s violation of the terms of the Agreement, as a result of which the Licensee has been denied the rights to use the Dating Service or its separate functions/sections/pages, as well as the rights to the non-activated data and commands.
    23. The Licensee’s claims sent to the Licensor shall be accepted and considered provided it is possible to establish that the Account belongs to a specific person. Taking into account that there may be Accounts with similar credentials, the Licensor shall be entitled to request additional information and data, including with respect to the Licensee’s Account, which would allow to determine which Account the claim was received in connection with, or to establish that the Account belongs to the person who filed the claim.
    24. The Licensor shall not be liable for any possible harm to the Licensee’s health that may be caused to the Licensee due to the use of the Third Party Applications. The Licensee is hereby notified that the Applications may include various sound and/or video effects which, under certain circumstances, may cause an exacerbation of these conditions in persons prone to epilepsy or other nervous disorders, and the Licensee guarantees that it does not suffer from these disorders, or undertakes not to use the Applications. The Licensee is hereby notified that regular long-term (continuous) exposure to a personal computer may cause various physical complications, including visual impairment, scoliosis, various forms of neurosis and other adverse effects on the body. Licensee guarantees that it will use the Applications only for a reasonable amount of time, with breaks for rest or other preventive physical activities, if any, that are recommended or prescribed for Licensee.
  9. Rights to Use the Non-Activated Data and Commands
    1. This Section of the Agreement regulates the procedure and conditions for the Licensor to grant the Licensee the rights to use the non-activated data and commands.
    2. At the Licensee’s request the Licensor shall grant the Licensee for a Remuneration, unless otherwise provided by the Licensor, the rights to use the non-activated data and commands which allow access to additional functionality of the Dating Service or increase in the Dating Service the number of virtual values used within the functionality of the Dating Service. The amount and terms of payment of the Remuneration shall be determined by the Licensor at its own discretion and depend on the amount of data and commands required for the Licensee to obtain a certain result due to the functionality of the Dating Service. The specified terms are contained in this Agreement and/or in the relevant Sections of the Dating Service.

      The rights to use the non-activated data and commands shall be transferred by the Licensor from the moment:

      a) the Licensor receives the information from third parties (payment systems, operators, payment aggregators) about the execution (confirmation) of payment (in cases when access to additional functionality of the Dating Service is provided without increasing the number of virtual values in the form of Coins);

      b) the virtual values are reflected in the form of Coins in the Licensee’s Account. From that moment the Licensee receives the rights to use the non-activated data and commands in the amount corresponding to the amount of virtual valuables in the form of Coins, under the terms hereof. The virtual values in the form of Coins are reflected in the Licensee’s Account after the Licensor receives information from third parties (payment systems, operators, payment aggregators) about making (confirming) a payment.

      The compliance of the amount of the non-activated data and commands with the amount of virtual value in the form of Coins shall be determined by the Licensor. The compliance of the amount of remuneration with the amount of virtual value in the form of Coins shall be determined by the Licensor.

      The right to use the non-activated data and commands shall be granted to the Licensee for the term specified in the relevant Section of the Dating Service, unless such right is terminated in accordance with the rules of the Dating Service.

      The Licensee shall pay the Remuneration in cash in the currency of the relevant territory, in accordance with the conversion procedure established by the Dating Service. The amount of remuneration shall be determined by the Licensor based on the amount of the non-activated data and commands, the right to use which shall be transferred to the Licensee.

      From the moment the virtual values in the form of Coins are reflected in the Licensee’s Account or from the other moment when the Licensor transfers the rights to use the non-activated data and commands, the Licensee shall have no right to demand from the Licensor the return of the Remuneration paid for such rights, unless otherwise expressly provided by the applicable law.

    3. The Remuneration shall be paid by the Licensee by transferring money through the supported payment methods. The list of available payment methods is given in the corresponding Sections of the Dating Service.
    4. When paying the Remuneration, the Licensee shall be obliged to follow the payment instructions on the order and methods of payment, including the rules of entering the message and number of short text messages (SMS), including the order of entering uppercase and lowercase letters, numbers and input language. Granting the Licensee the right to use the non-activated data and commands shall be ensured by complying with the attached instructions and payment terms. The Licensor shall not be responsible for the correctness of Licensee’s payment terms. For the issues of the rules and procedures for using payment systems to make payments for the right to use the non-activated data and commands, the Licensee shall contact the holders of such payment systems or payment operators/aggregators. The Licensor shall not provide the Licensee with the explanations on issues related to the rules and procedures for using such payment systems, and shall not reimburse the Licensee for the money paid to acquire such rights through payment systems, operators, payment aggregators if such payments were made in violation of the rules established by such persons, resulting in the money not being received by the Licensor.
    5. The Licensee shall be granted the right to use the non-activated data and commands only if the Licensee pays for such rights in full in accordance with the terms hereof, unless a different procedure is contained in the Agreement or is determined by the Licensor separately. In this case, prior to receiving confirmation of payment for the rights of use, the Licensor may not provide them to Licensee, or provide them to a limited extent.
    6. If as a result of a technical error, or a failure of the Dating Service or any of its elements, or conscious actions of the Licensee, the Licensee has gained access to the non-activated data and commands without acquiring the right of use in the manner prescribed herein, the Licensee shall be obliged to inform the Licensor about this fact and pay it the Remuneration, or eliminate all consequences of improper use of the acquired rights. The Licensor shall be entitled to eliminate such consequences on its own without notifying the Licensee.
    7. The Licensee shall be obliged to keep the documents confirming the payment of the Remuneration by the Licensee during the whole period of the use of the Dating Service, and upon the Licensee’s request provide the Licensee with such documents as well as information about the circumstances of making such payment by the Licensee.
    8. The exclusive right to distribute the non-activated data and commands belongs to the Licensor, in this regard no offers of third parties for the rights to use such data and commands may be regarded by the Licensee as the offers coming from the Licensor.

      In case of any disputable, unclear situations, or any third-party offers sent to Licensee related to payment for the rights to use the non-activated data and commands, or the placement of such ads and offers on the Internet, except those placed on behalf of the Licensor, the Licensee shall immediately notify the Licensor about this.

      If the Licensee, in violation of this provision, has made a payment for the specified advertisement using the details specified in such advertisement, the Licensee’s claims to the Licensor regarding the Licensee’s lack of non-activated data and commands shall not be accepted, and the Licensor shall not compensate the Licensee for the money spent by the Licensee in such circumstances.

    9. In case the Licensor finds that the Licensee receives the rights to use the non-activated data and commands from third parties, the Licensor shall be entitled to suspend, limit, or terminate the Licensee’s rights to use the Dating Service at its own discretion.
    10. The acquisition by the Licensee of the rights to use the non-activated data and commands shall not exempt the Licensee from the compliance with this Agreement and application of any measures specified herein, including the suspension or termination of the rights to use the Dating Service and/or deletion of the Licensee’s Account by the Licensor, unless otherwise expressly provided for by the applicable law.
    11. he Licensee guarantees to the Licensor that it shall be entitled to use the means of payment chosen by it for the Remuneration, without violating the laws of the Russian Federation and/or the laws of another country, of which the Licensee is a citizen or in which territory the Licensee is located, and the rights of third parties. The Licensor shall not be responsible for the additional Remunerations charged by the operators of the means of payment and possible damage to Licensee and/or third parties caused by the use by Licensee of means of payment not owned by it.
    12. The Licensor shall not be liable for possible illegal actions of the Licensee when paying the Remuneration. The Licensor reserves the right to unilaterally suspend or terminate the Licensee’s right to use the non-activated data and commands if there is a suspicion that the Licensee has committed the illegal actions until the circumstances are clarified, unless otherwise expressly provided for by the applicable law.
    13. If the Licensor has the reasons to believe that the Licensee is committing the illegal actions related to the payment of the Remuneration, the Licensor shall be entitled to transfer the relevant information to the law enforcement authorities for the inspection of this fact.
    14. The peculiarities of the Licensee’s payment of the Remuneration by means of the bank cards:
      1. the bank card transactions shall be performed by the cardholder or its authorized person;
      2. the bank card transactions shall be authorized by the bank. If the bank has reasons to believe that the operation is of fraudulent nature, the bank shall be entitled to refuse to perform this operation. The fraudulent operations with the bank cards are a criminal offence;
      3. in order to avoid the cases of fraudulent payments by the bank cards, the payments paid by bank card may be checked by the Licensor within the limits of available possibilities. The cardholder-Licensee, who made such a payment, shall be obliged, upon request from the Licensor, to provide a copy of the documents required by the Licensor to confirm the legitimate use of the bank card. If the Licensee fails to provide the requested documents within the required period from the date of payment execution or if there are doubts about their authenticity, unless otherwise specified by the Licensor, the Licensor shall be entitled to suspend the Licensee’s rights to use the Dating Service, any part/section and/or the non-activated data and commands until the circumstances are clarified.
    15. The Licensee agrees, understands and accepts the fact that the Dating Service and the Applications are not a gambling game, a game for money, a contest, a bet.
    16. The acquisition of the rights to use the non-activated data and commands is the realization of the Licensee’s own will and desire and is not a necessary or obligatory condition for using the Dating Service and its main functionality.
  10. Territory and Term of the Agreement
    1. The Licensee may use the Dating Service in the ways described herein throughout the world.
    2. This Agreement is effective from the date of acceptance of its terms by the Licensee and is valid for one (1) calendar year.
    3. This Agreement shall be automatically extended for each subsequent 1 (one) year, if prior to the expiration of the aforementioned term of the Agreement:
      1. the Licensor does not decide to change the provisions hereof, the need to enter into a new agreement with Licensee, discontinue the administration and maintenance of the Dating Service and terminate access to it, terminate this Agreement with respect to Licensee, or terminate access to the use of the Dating Service with respect to the Licensee.
      2. The Licensee does not decide to stop using the Dating Service and does not delete its Account.
    4. The Licensor shall be entitled to terminate this Agreement unilaterally and extrajudicially at any time without notifying the Licensee and without giving a reason, with the immediate termination of access and use of the Dating Service and without the compensation of any costs, losses or return of the received under the Agreement, including in cases of closing the Dating Service, any, including a single violation of the terms hereof by the Licensee, as well as any other cases indicated by the Licensor on the Dating Service, unless otherwise expressly provided for by the applicable law.
    5. The Licensor shall be entitled to suspend at any time, without notifying the Licensee and without giving a reason, the access and ability to use the Dating Service, delete the Licensee’s Account without compensation for any costs, losses or refunds received under the Agreement, including in case of any, including a single violation by the Licensee of the terms hereof, unless otherwise expressly provided for by the applicable law.
    6. The Licensee agrees and fully acknowledges that all exclusive rights or necessary licenses to the software constituting an element of the Dating Service and/or used for its administration and operation, including its constituent audio-visual displays and graphic design of the Dating Service, photos, animations, video images, video clips, sound recordings, sound effects, music, text content of the Dating Service and the Dating Service Applications, except the Content uploaded to the Dating Service by Licensees or third parties, belong to the Licensor, unless otherwise expressly provided for in the Agreement.
    7. This Agreement does not provide for the assignment of any exclusive rights or the granting of an exclusive license to any component of the Dating Services from the Licensor to Licensee.
    8. In case the Licensee is prohibited by the laws of its state to use the Internet or dating services or there are other legal restrictions, including the restrictions on the age of admission to such software, the Licensee may not use the Dating Service. In this case, the Licensee shall be solely responsible for the use of the Dating Service in the territory of its state in violation of the local laws.
  11. Final Provisions
    1. This Agreement may be amended by the Licensor without any prior notice. This Agreement may be modified and/or amended by the Licensor unilaterally without any special notice. The Licensee agrees to review the Agreement for changes independently. The Licensee’s failure to review the Agreement and/or the amended version of the Agreement may not serve as a basis for the Licensee’s failure to perform its obligations and for Licensee’s failure to comply with the restrictions set forth herein. The Licensee’s actual use of the Dating Service after changes in the terms hereof or the rules of its use, means that the Licensee agrees to the new terms.
    2. The invalidity of one or more provisions of the Agreement, duly recognized as invalid by a court decision, shall not entail for the Parties the invalidity of the Agreement as a whole. In the event that one or more provisions of the Agreement are declared invalid in accordance with the established procedure, the Parties shall be obliged to perform their obligations under the Agreement as closely as possible to those implied by the Parties when entering into and/or amending the Agreement.
    3. This Agreement and the relationship of the Parties in connection with the performance hereof and the use of the Dating Service shall be governed by the laws of the Russian Federation.
    4. With regard to the form and method hereof, the norms of the Civil Code of the Russian Federation (the Civil Code of the Russian Federation) governing the procedure and conditions of the contract by accepting a public offer shall apply.
    5. All disputes between the Parties hereto shall be settled by the correspondence and negotiation using the mandatory pre-trial (complaint) procedure. If the Parties fail to reach an agreement through the negotiations within sixty (60) calendar days from the date of receipt by the other Party of a written claim, the consideration of the dispute shall be transferred by any interested party to the court of general jurisdiction at the location of the Licensor (except for the jurisdiction of any other courts), unless otherwise expressly provided for by the applicable law.
    6. The Licensee shall send all appeals, applications, suggestions, claims and other requests related to the use of the Applications directly to the developers of such Applications, using the contact information indicated on the page of the corresponding Application or its community (group) in the Dating Service.
    7. A revision hereof is available on the Internet at the location address of the Dating Service, in the corresponding section and other places determined by the Licensor and allowing the Licensee to become familiar with its content.
  12. Additional provisions
    1. The Licensee located on the territory of the Russian Federation, by accepting this Agreement, also expresses consent to the terms of the Agreement-Offer for the provision of the Mobile Payment service, and accepts the Agreement-Offer.
    2. The Licensee located on the territory of the Russian Federation, by accepting this Agreement, also expresses consent to the terms of the service "Mobile Payments" and "Terms and Conditions for the provision of services using "short" numbers". Conditions for the provision of the Mobile Payments service for MegaFon subscribers. "Conditions for the provision of services using "short" numbers".
    3. The Licensee located on the territory of the Russian Federation, by accepting this Agreement, also expresses consent to the terms of the Offer "Terms for using the service when paying for goods (works / services) of third parties using funds on a personal account" for Tele2 subscribers, and accepts the specified Offer.
    4. Upon acceptance by the Licensee of this Agreement, the Licensee is also deemed to have agreed to the terms of Reward payment in the Dating Service from a personal phone account using Mobile ID technology when using the Mobile Payment service of the PJSC VimpelCom telecom operator, the detailed terms of which are available at https://moskva.beeline.ru/customers/pomosh/question/voprosy-i-dokumenty/mobile/drugie-dokumenty/pravila-ispolzovania-servisa-mobilnyy-platezh/ .
    5. The information resource uses recommendation technologies. The Licensee can be familiarized with the Rules for the Licensor’s use of recommendation technologies by clicking on the following link:  https://corp.mamba.ru/recommendation
    6. The Licensee agrees to receive informational SMS messages on behalf of “oplata”.
    7. Limited Liability Company "World of Dating" is an affiliated company of the Licensor.