1. GENERAL PROVISIONS
1.1. This User Agreement (hereinafter referred to as the "Agreement") regulates the relations between "INFINITY LIFE LLC", registered to the address: 127427, Moscow, Academician Korolyov Street, 15/4 (hereinafter referred to as "Orbita") and a legally competent individual who acceded to this Agreement properly for gaining the right to use Orbita mobile application (hereinafter referred to as the "User" and the "Application" respectively).
1.2. This Agreement can be modified by Orbita without any special notification; the restated version of the Agreement becomes effective as of the time of its online publishing on the website specified in this paragraph, unless otherwise provided by the restated version of the Agreement. The User Agreement is a public document. The current version of the User Agreement is placed on the Internet website: http://www. web-orbita.com
1.3. Installation of the Application on the User’s mobile device means acceptance and confirmation of consent in respect of terms and conditions of this Agreement.
1.4. By accepting terms and conditions of this Agreement, the User confirms his consent to processing by Orbita of his personal data, which are necessary, including but not limited, for making and delivering the response, for the purpose of making and sending the response to the User, as well as for settlement of possible claims. Besides, the User confirms his consent to transfer the above stated personal data to the third parties (including to Google, MapKit Apple server) and their processing by the third parties for the purpose of carrying out this Agreement, realization of the Application functioning and collection of statistic data for enhancement, improvement of algorithms of the mobile application operation, as well as for settlement of the claims connected with performance of this Agreement.
Orbita reserves the right to demand confirmation of the data specified upon registration from the User at any time and to request documentary evidence in this regard (in particular identity documents); failure to provide documentary evidence can be assumed to be equivalent to providing unreliable information, at Orbita’s discretion. If the User’s data specified in the provided documents do not correspond to the data specified upon registration, and if the data specified upon registration preclude identifying the user, Orbita has the right to deny the User’s access to his profile and use of Orbita.
1.5. Terms and conditions of this Agreement constitute a public offer according to Article 437 of the Civil Code of the Russian Federation. Orbita provides to the User access to the Application on the terms of this Agreement.
1.6. This Agreement can be modified and/or amended by Orbita unilaterally. Further use of the Application after making amendments to this Agreement means the User’s consent to such amendments; therefore, the User agrees that he will monitor amendments in the Agreement published on the website http://web-orbita.com/ag/ regularly.
1.7. Appeals, offers and claims of individuals and legal entities to Orbita connected with content and functioning of the Application, violations of the rights and interests of the third parties, requirements of the legislation of the Russian Federation, as well as for inquiries of the persons authorized by the legislation of the Russian Federation, can be send to the e-mail address: email@example.com
1.8. This Agreement is drawn up according to the legislation of the Russian Federation. All other matters not specified by the Agreement are subject to settlement according to the legislation of the Russian Federation.
1.9. By accepting and agreeing with terms and conditions of this Agreement, the User confirms his legal capacity and competence, confirms reliability of his personal data and assumes full responsibility for their accuracy, completeness and reliability. If the User is under 18 years old, he confirms that the money paid for use of the Application is provided to him by his legal representative or by the third party with the consent of the legal representative for payment for the User’s access to additional functionalities and/or content (hereinafter referred to as the "Service") of Application provided by Orbita.
1.10. The User assumes all possible risks connected with his actions for assumption of mistakes and inaccuracies in the provided data.
2. TERMS AND CONDITIONS OF USE OF SERVICES OF THE APPLICATION
2.1. In case of modification of the Application in such a way that the User gains or can gain access to new Services on the paid or free of charge basis at Orbita’s choice, the User has the right to use new free Services from the moment of modification of the Application, paid Services – from the moment of payment for access to the new Service, unless otherwise provided in this Agreement.
2.2. Orbita has the right to set a free trial period for testing a new Service by Users, after which the User should pay for the further use of the Service, otherwise access to the Service will be blocked for the User.
2.3. The cost of access to the new paid Service and payment methods are reported to the User via the Application or the Internet website on which the Application is available to the Users.
2.4. The possibility of using the Application on the free of charge or paid basis can be stipulated by the User’s certain actions, including providing by Orbita’s User any additional information, personal data, registration or acceptance of the additional offer.
3. USER'S RIGHTS AND OBLIGATIONS
3.1. The User agrees to follow terms and conditions of this Agreement properly.
3.2. The User receives the right to use the Application only to his personal noncommercial advantage. Furthermore, the User can use the Application only according to the terms and conditions of this Agreement.
3.3. The User agrees not to use the Application to the detriment of rights and legal interests of Orbita, other right holders, the third parties, this Agreement and the legislation of the Russian Federation.
3.4. The User agrees to take proper measures for ensuring safety of his mobile device and is personally responsible in case of the third parties’ access to his mobile device.
3.5. The User is prohibited to carry out decompiling of the Application, including its Services, by himself or through the third parties, as well as to distribute, make available to the public and provide other access to the Application and Services, to carry out reverse engineering of the Application or its separate Services, to make attempts of using the Services after the end of the free trial period, if any, in case of non-paying for the further use of the Service.
3.6. The User is responsible for use of the Application and its Services in any ways which are not permitted clearly in this Agreement.
3.7. The User does not have the right to carry out any unauthorized actions with the Application, including distributing the Application or its separate Services in various Internet resources and portals, hacking paid functionalities of the Application, using components of the Application or the Services in other mobile applications.
3.8. The User is solely responsible to the third parties for his actions connected with use of the Service including if such actions lead to violation of the rights and legal interests of the third parties, as well as for compliance with the legislation when using the Service.
3.9. When using Orbita’s Services the User do not have the right:
3.9.1. to download, send, transfer or publish and/or distribute in any other way content which is illegal, harmful, slanderous, offends morality, demonstrates (or propagandizes) violence and cruelty, violates intellectual property rights, propagandizes hate and/or racial, ethnic, sexual, religious, social discrimination of people, contains insults towards any persons or organizations, contains elements (or propagandizes) pornography, child erotica, represents advertising (or propaganda) of sexual services (including under the guise of other services), explains an order of preparation, abuse or other use of narcotic substances or their analogs, explosives or other weapons;
3.9.2. to violate the rights of the third parties, including minor persons, and/or to do them harm in any form;
3.9.3. to misrepresent himself as another person or a representative of an organization and/or a community without sufficient rights to do that, including as Orbita’s employees, moderators of forums, the Application owner, as well as to apply any other forms and ways of illegal representation of other persons in network, as well as to mislead users or Orbita concerning properties and characteristics of any subjects or objects;
3.9.4. to download, send, transfer or publish and/or distribute in any other way content, in the absence of the rights for such actions according to the legislation or any contractual relations;
3.9.5. to download, send, transfer or publish and/or distribute in any other way promotional content without special permission, spam (including search one), lists of other persons’ e-mail addresses, "pyramid" schemes, multilevel (network) marketing (MLM), Internet earning and e-mail business system, "letters of happiness", as well as to use Orbita’s services for participation in these actions, or to use Orbita’s services only for redirection of users to the pages of other applications or domains;
3.9.6. to download, send, transfer or publish and/or distribute in any other way any materials which contain viruses or other computer codes, files or programs intended for violation, destruction or restriction of functionality of any computer or telecommunication equipment or programs, for carrying out unauthorized access, as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means for receiving unauthorized access to paid resources in the Internet, as well as posting links to the above-stated information;
3.9.7. to collect and store illegally personal data of other persons;
3.9.8. to break normal operation of Orbita’s services;
3.9.9. to promote the actions directed to violation of restrictions and bans imposed by the Agreement;
3.9.10. to break standards of the legislation, including standards of international law, in any other way.
4. ORBITA’S RIGHTS AND OBLIGATIONS
4.1. Orbita has the right to assign its rights and obligations arising from this Agreement to the third parties for the purposes of carrying out this Agreement without the User’s additional consent.
4.2. Orbita has the right to send to the User information about functioning the Application and its Services in any way, including to send advertising, information and other messages to the e-mail address or the phone number specified by the User, or to place the relevant information in the Application.
4.3. Orbita has the right to render paid and free services to the Users. Orbita informs the User on terms of providing paid services (including Services) by placement of the relevant information on the service in the Application or on the website (name of the service, its cost, form and payment procedure).
4.4. Orbita has the right to lock the User’s access to the Application or its separate Services in case of revealing the User’s violations of obligations specified in the Section 3 of this Agreement.
4.5. Orbita has the right to realize processing of the User’s personal information and to transfer it to the third parties for the purposes of carrying out this Agreement and settlement of the claims connected with carrying out this Agreement.
4.6. Orbita has the right to send information messages to the users. By using Orbita’s services, the User also consent to obtaining advertising messages according to Part 1, Article 18 of the Federal law "About Advertising".
4.7. Orbita is responsible for advertising materials placed on Orbita’s services in the limits set by the legislation of the Russian Federation.
5. WARRANTIES AND RESPONSIBILITIES OF PARTIES
5.1. The third parties can be involved for carrying out this Agreement. The User confirms that the specified third parties are entitled to the same rights as the Application right holder, including concerning the User’s personal information.
5.2. The User guarantees that he will not take any actions intended specifically to causing damage to Orbita, cellular mobile communication operators, right holders or other persons.
5.3. In case of violation of the Application instructions for use, the User’s obligations and prohibitions specified in the section 3 of this Agreement, as well as in case of violation of the paragraph 5.2 of this Agreement, the User agrees to pay Orbita the damages caused by such actions in full, according to the current legislation of the Russian Federation.
5.4. Unless the contrary is proved by the User, any actions made with use of his mobile device are deemed to be taken by the appropriate User. In case of illegal access to his mobile device, the User is obliged to report about it immediately to Orbita in accordance with the applicable procedure.
5.5. Orbita does not guarantee that the Application and its separate Services do not contain errors and will function expectedly. Besides, Orbita does not provide warranties concerning the information provided via the Application. Any information provided in the Application is the result of request processing and search of requested information; Orbita is not a person/company who/which place this information, publish or provide it to the User or other third parties. Any such information is provided in the Internet directly and Orbita cannot guarantee that such information correspond to the appropriate age category. In this regard, Orbita notifies that the information content provided in the Internet can be unappropriated for persons under 18 years old.
6. RESTRICTION OF RESPONSIBILITIES
6.1. The User uses Orbita’s services at his sole risk. Services are provided "as they are". Orbita is not responsible for compliance of the services to the User’s purposes.
6.2. Orbita does not guarantee that: services satisfy/will satisfy the User’s requirements; services will be provided continuously, quickly, reliably and without mistakes; results which can be received with use of the services will be exact and reliable and can be used for any purposes or in any quality (for example, for establishment and/or confirmation of any facts); quality of any product, service, information, etc. received with use of the services will meet the User’s expectations.
6.3. Any information and/or materials (including downloadable software, messages, any instructions and guides to operation, etc.) access to which the User gets with use of Orbita’s services, the User can use on his sole risk and is responsible himself for possible consequences of using specified information and/or materials, including for damage which that can cause to the User’s or the third parties’ mobile devices, for loss of data or any other damage.
6.4. Orbita is not responsible for any kinds of losses which occurred owing to the User’s use of Orbita’s services and/or separate components/functions of the services.
6.5. Under any circumstances, according to the article 15 of the Civil Code of the Russian Federation, Orbita’s responsibility is limited to 10,000 (ten thousand) Russian roubles and lies with it when there is any guilt in its actions.
7. REFERENCES TO WEBSITES OF THIRD PARTIES
7.1. The Application may contain references or provide access to other websites in the Internet (websites of the third parties) and the content posted on these websites, which are intellectual property of the third parties and are protected according to the legislation of the Russian Federation. The specified websites and content placed on them are not checked by Orbita for compliance to requirements of the legislation of the Russian Federation.
7.2. Orbita is not responsible for any information or content posted on the websites of the third parties, access to which the User receives via the Application, including, among others, any opinions or statements formulated on the websites of the third parties.
7.3. The User confirms that from the moment of the User’s following a link contained in the Application to the website of the third party, Orbita and the User’s relations terminate, this Agreement is not applicable to the User, and Orbita is not responsible for use of content by the User, legitimacy of such use and quality of content posted on the websites of the third parties.
8. FINAL PROVISIONS
8.1. In case of any disputes or disagreements connected with carrying out this Agreement, the User and Orbita will exercise the best efforts for their settlement through negotiations between them. In case disputes are not settled through negotiations, they are subject to settlement in the relevant competent court in the place of Orbita’s location in the order established by the current legislation of the Russian Federation.
8.2. This Agreement comes into force for the User from the moment of installation of the Application on his mobile device and remains in force indefinitely.
8.3. This Agreement is drawn up in the Russian language and in certain cases can be provided to the User for acquaintance in other languages. In case of divergence of the Russian-language version of the Agreement and the version of the Agreement in other language, provisions of the Russian-language version of this Agreement are applied.
8.4. If any provisions of this Agreement are found legally incompetent, that fact has no effect on validity or applicability of other provisions of this Agreement.