The document "User agreement" is an offer by "APM Agentuur" PLC (hereinafter - "the Administration"), to conclude a contract on the terms set forth below.
1.1. In this document, and in any relations between the Parties referring to or arising from this agreement, the following terms and definitions are applied:
a) The Platform is any software and hardware integrated in the Administration Site;
b) The User is a person having legal personality or legal entity having acceded to this Agreement in his/her/its own interest;
c) The Administration Website/ Websites are Internet-sites hosted in adpays.me domain and its subdomains;
d) The Service is a complex of services and the license granted to the User using the Platform;
e) The Agreement is this agreement with all the additions and changes;
1.2. Using the Service in any form and way within its declared functionality, including viewing and storing materials posted on the Site; registration and/or authorization in order to use the Site, posting or displaying photo materials, texts, images, data and/or other information on the Website, you agree to be bound by the terms of this Agreement.
1.3. Using the Service in any form and way, you agree that:
a) you have acquainted with all conditions of the present Agreement thoroughly before using the Service.
b) you accept all the terms of this Agreement completely with no exceptions and limitations on your part and agree to abide by them or to stop using the Service. If you do not agree with the terms of this Agreement or do not have the right to contract on their basis, you are not permitted to use the Service.
c) the Agreement (including any of its parts) can be changed by Administration without any special notification. The new Agreement comes into force from the moment of its publication on the Administration's Website or the User having been informed in any convenient form, unless otherwise stated by the new version of the Agreement.
2.1. Using the Service functionality is allowed only after registration and logging on in accordance with the Administration procedure as defined.
2.2. Technical, organizational and commercial terms of Service Use, including its functionality are provided for the Users by a separate posting on the Site or by notifying the Users.
2.3. The selected username and password are necessary and sufficient information for the User to access the Site. The user has no right to transmit his/her username and password to a third party, is solely responsible for his/ger safety, choosing a method to keep them secure. For password recovery user's email address provided during registration is used.
3.1 The Administration grants a registered and/or authorized user the opportunity to use the Platform and Website Administration on terms of a simple (non-exclusive) non-transferable license within the functionality of the Service.
3.2. The administration has the right to set limits on the amount and composition of the informational materials posted by the User, and to introduce other technical restrictions on the use of the Platform and/ or Site Administration, informing the Users currently in the way and manner at the Administration's discretion.
3.3. Any other use of the Platform and / or Administration Site is strictly prohibited.
3.4. A User can have only one account.
By accepting this Agreement, you represent and warrant that:
4.1. You have all legal rights and authority to conclude the Contract for the use of the Service and execute it.
4.2. You shall use the Service solely for the purposes permitted by this Agreement observing all its terms, as well as the requirements of applicable law and generally accepted practices.
4.3. You shall not commit any acts that contradict or prevent the provision of the Service or its equipment performance, networks, or software with the help of which the Service is provided.
4.4. Your use of the Service for a specific purpose shall not violate the property and/or personal non-property rights of any third parties, as well as prohibitions and restrictions imposed by applicable law, including but not limited to copyright and related rights, trademarks, service marks and appellations of origin of goods, design rights, rights to use images of people. The information you provide must not contain information and/or images, insulting the honor, dignity and business reputation of any third parties, must not contain propaganda of violence, pornography, drugs, racial or national hatred.
5.1. By accepting this Agreement, you grant the Administration the right to publish and store the materials that you provide to the Administration's Site.
5.2. The Right and/or permission to use the materials granted to the Administration, as well as provision of any materials to the Administration Website, are rendered to the Administration for the whole term of validity of the objects of intellectual property exclusive rights or protection of the moral rights to use such materials in any country worldwide.
5.3. According to the terms of the simple (non-exclusive) lisence provided by the Administration it is permited to use materials in the following ways: protecting the confidentiality of personal data.
The consumer protection law provisions do not regulate the relations of the Parties regarding the Services they provide on a gratuitous basis:
6.1. The consumer protection law provisions do not regulate the relations of the Parties regarding the Services they provide on a gratuitous basis.
6.2. The service is provided "as is", with no warranty to meet your requirements; the services will be rendered continuously, quickly, reliably and with no errors; results, which can be obtained with use of the Service will be accurate or reliable; quality of some product, service, information and user content accessed through the Service will meet your expectations; all errors in the Service software will be corrected.
6.3. The User bears personal responsibility for materials' content he/she creates and/or posts onto the Administration's Site and its compliance with requirements of an applicable law.
6.4. The administration does not participate in forming the content provided and/or posted /broadcasted by Users on the Site. The Administration checks the content, authenticity and security of these materials and their compliance with clause 6.5 of this Agreement.
6.5. In particular, you are prohibited from using Service to post or distribute counterfeit materials; pornographic materials, as well as promotion of child pornography and erotica, advertising sexual services; any illegal information, including materials of extremist nature and aimed at infringement of the rights and freedoms on the grounds of race, ethnicity, religion, language, sex; incitement to commit violent acts against person or to inhumane treatment of animals, commit other illegal acts, including explanations how to make and use weapons, narcotic drugs and their precursors, etc.
6.6. Despite the existing prohibition, when using the Service you might be exposed to the content that might contain offensive or obscene materials, as well as materials violating applicable law, rights and/or interests of any third parties in some other way.
6.7. In case of violation of your rights and/or interests while using the Service, including illegal posting of materials by other Users, you should inform the Administration by forwarding it a letter containing details and circumstances of the violation and the hyperlink to the page containing material that infringes upon any of your rights and/or interests.
6.8. Upon occurrence of any claims from the third parties in respect of breach of any property and/or personal non-property rights of third parties, as well as prohibitions or restrictions set by law, you are obliged to go through an identification upon Administration request , providing Administration with a notarized obligation to settle the claim arose on your own and at your own expense and indicate your passport data.
6.9. The administration reserves the right to remove any material from this Website or temporarily restrict access to them unilaterally without explanation.
6.10. In case of repeated or gross violations of the terms of this Agreement and/or legal requirements, the Administration reserves the right to block your account completely, delete it or in some other way limit (terminate) your access to the Service.
6.11. In the case of third parties' rights and/or interests violation as well as other breach of limitations/restrictions set by law caused by your actions and resulting in Administration's being prosecuted or imposed penalty on, you are obliged to compensate a full sum of loss to the Administration.
6.12. The administration does not bear liability for Users' personal data made available publicly.
6.13. Under any circumstances, the Administration limited liability is one US dollar and can be assigned to it only in case its actions found guilty.
7.1. You agree that the Administration may use the email address specified in your profile to send you service-related notices (hereinafter notifications).
7.2. The administration has the right to use notifications to inform the User about the Platform and/or Site Administration capabilities and/or changes in the information resources posted.
7.3. The administration has the right to post advertising information on the user's page.
7.4. The Administration pays out a fee to the user for posting advertisements on his/her page.
The obligatory condition for the fee to be assigned is to follow the link in the advertisement chosen.
The method of calculating and way of receiving the fee are defined in User's Manual.
The user admits that the Administration's automated recording system data are solely used to calculate the number of viewings and amount of the fee to be paid out.
8.1. By entering this Agreement terms, you agree and give a written consent to the automatic processing of the personal data provided for the purpose of concluding the contract in the terms of the present Agreement and its further execution.
8.2. Users can adjust access to their personal data where it is functionally possible.
8.3. You acknowledge and agree that in case you submit your personal data to publicly accessible areas of the Service, your personal data are publicly available. You acknowledge that your personal data are publicly available in cases when they are not subject to the duty to preserve confidentiality according to the law.
9.1. A Registered User can determine the conditions and order of use of his/her account (profile), but only if they do not contradict any terms of this Agreement under any circumstances.
9.2. The applicable law. This Agreement, its conclusion and execution, as well as issues not regulated in this Agreement, are governed by and construed in accordance with the applicable law of the Republic of Estonia.
9.3. The arbitration. All disputes arising out or in connection with this agreement shall be submitted to the court where Administration has permanent residence in accordance with the applicable procedural law.
9.4. The Administration can terminate this Agreement unilaterally with no prior notice and any compensation to pay out.
9.5. Agreement Version.
Revision dated December 15, 2015