1. The terms used in this Agreement
- 1.1. Website «Americans Premium» (or site) - an online resource that consists of a set of (a) the Software (including Applications API) and (b) of information (content) placed in them by the Administration and/or users. Website «Americans Premium» is contained in the information system, providing access to such information in the Internet network address (domain name): http://Americanspremium.com (including all levels of the specified domain as the functioning of the date of this EULA and run and put into service during the period of its validity).
- 1.2. Computer Programs Site «Americans Premium» (or the Software) - presented in the form of a set of objective data and instructions executable by a computer of the User, generating audio-visual display and perform certain functions of the Site and/or responsible for the operation of the whole site . The right to use the Software Site «Americans Premium», except for the additional functionality of the Site, user administration provided for a fee according to the actual rates and conditions of this Agreement.
- 1.3. Applications API - a computer program running on a computer as part of the User of Software Site «Americans Premium» and visually presented to the user in a variety of interactive visual services (games, e-services, etc.) that can be used the user along with the basic functionality of the Site. Right to use the functionality of the application API, except Additional functionality of the application API, user administration provided for a fee according to the actual rates and conditions of this Agreement.
- 1.4. Additional functionality of the Site - program codes running on a computer as part of the User of Software Site «Americans Premium» and performing certain additional features. Elements that make up the additional functionality of the Site are Gifts, Stickers and additional functionality of the application API. Terms of onerous user administration the right to use additional functionality of the Site specified in this Agreement.
- 1.5. Additional functionality Application API - program codes running on a computer as part of the Application API, which can be used by the user for certain additional functionality of the application API. The right to use additional functionality Application API provides a user administration in exchange for votes in accordance with the terms of this Agreement.
- 1.6. Voices - software code running on a computer as part of the Software Site «Americans Premium» and acts as a universal standard unit of measurement of volume of rights to use additional functionality of the Site. The right to vote is granted to use user administration under the terms of this Agreement.
- 1.7. Licensor (or administration) - FE "Belevtsov B.L." (OGRN: 308770000418382), established under the laws of the Russian Federation and have the necessary rights to offer users the right to use the Software Site «Americans Premium».
- 1.8. Licensee (or user) - a natural person registered on the site in accordance with the the FAQ «Americans Premium».
- 1.9. Agreement - the text of this Agreement between the Administration of the Site (the licensor) and the User (Licensee), containing all the necessary and essential conditions of the license agreement granting rights to use the Software Site «Americans Premium». This Agreement is concluded between the Administration and the User in a simplified manner and is a contract of adhesion within the meaning of para. 5, Art. 1286 of the Civil Code.
2. Status of this Agreement
- 2.1. This Agreement defines the terms of the User the right to use the Software Site «Americans Premium». This Agreement shall also apply to the relations connected with the rights and interests of third parties who are not users of the site but whose rights and interests may be affected by the actions of users.
- 2.2. The subject of this Agreement is to provide the user administration under a simple non-exclusive license right to use the Software Site «Americans Premium». In addition to this Agreement, an agreement between the Administration and the User includes all special documents governing the provision of a separate website functionality and placed in the public domain in the relevant section on the Internet.
- 2.3. User is obliged to be fully acquainted with this Agreement until the transaction payment for the actual tariff plan and registration on the Site. Holding and transaction confirmation of payment by the User on the actual tariff plan, the registration on the Site, and any further use of the Site (the Software Site «Americans Premium» and/or contain the information (content) means full and unconditional acceptance of this Agreement in accordance Art. 438 of the Civil Code of the Russian Federation.
- 2.4. This Agreement may be amended and/or supplemented by the Administration unilaterally without any special notice to User. This Agreement shall be open and public document. The current version of the Agreement is in the Internet at: http://Americanspremium.com/index.php/en/license. The administration recommends that users regularly check the terms of this Agreement for their changes and/or additions. Continued use of the Site by users after making changes and/or additions to this Agreement constitutes acceptance of and consent to such changes and/or additions.
3. Limits User's use of the Software Site« Americans Premium »
- 3.1. The user has the right to:
- 3.1.1 . interact with others on the site «Americans Premium» by use of computer programs;
- 3.1.2. use the Software Site «Americans Premium» in accordance with their purpose and functionality;
- 3.1.3. reproduce and use the API applications according to their functional purpose;
- 3.1.4. onerous conditions on the use of additional (closed) functionality of the Site.
- 3.2. User may not:
- 3.2.1. reproduce, duplicate, copy, sell, distribute, trade or resell the right to use and/or own the Software Site «Americans Premium» for any purpose, except in cases when such actions are permitted user under the terms and conditions of this Agreement;
- 3.2.2. translation of software Site «Americans Premium» into other languages;
- 3.2.3. distribute off-site «Americans Premium» for commercial or non-commercial purposes audiovisual and/or graphical display, present in the software of the Site «Americans Premium», as well as any elements of their design or user interface, without the written permission of their respective owners in the commission of these actions;
- 3.2.4. use the Software in other ways not provided for by this Agreement, and beyond the normal process of the operation of the Software Site «Americans Premium».
4. The procedure for granting the right to use user administration of Software Site «Americans Premium»
- 4.1. The right to use the Software Site «Americans Premium», except for the right to use the additional functionality of the Site, provided user administration for value on the conditions of the actual fare purchased a membership site and on a non-exclusive license from the date of registration of the User on the Site «Americans Premium», either when the beginning of the use of the Site (the Software Site «Americans Premium» and/or contain the information (content).
4.2. The right to use the functional site provides user administration for value as follows:
- 4.2.1. Moment of the right to use the Site functionality «Americans Premium» is the moment of corresponding funds to the account of the administrator.
- 4.2.2. If as a result of a technical error, or failure functioning of the Site or any of its elements, or deliberate actions of the User he obtained access to the closed top of the functional site without acquiring the right to use it in accordance with this Agreement, the order, the User agrees to communicate this fact to the Administration and pay for the right to use the enclosed functionality of the Site, or on their own to eliminate all the consequences of misuse of the private pay-functionality of the Site. The administration has the right to own, without notice to you to eliminate such effects and do not remove legitimate account.
- 4.2.8. User is obliged to keep the documents confirming payment of their rights to use closed-pay functionality of the Site at all times during use of the Website, and at the request of the Administration to provide such documents, as well as information on the circumstances of users of the corresponding payment.
- 4.3. Right to use the additional functionality of the Site may also be provided to the user by other means provided functionality of the site «Americans Premium».
- 4.4. The right to use the Software granted user administration for the term of this Agreement, unless the scope of the rights granted to exhaustion not come earlier.
- 4.5. Cash paid users, is the reward of the Administration under this Agreement.
- 4.6. User is obliged to monitor the status of their membership in the community.
- 4.7. The exclusive right to distribute the additional functionality of the Site belongs to the Administration, and therefore no offers of third parties granting rights to use the additional functionality of the Site or the right of access to them can not be regarded by users as proposals emanating from the Administration.
- 4.8. In the event of a dispute, ambiguous situations or direction of the user of any offer third parties associated with the payment of rights to use additional functionality of the Site or the placement of such advertisements and offers on the Internet, User shall immediately notify the Administration. If the user has violated this provision, made the payment to the specified announcement with details specified in this announcement, the claim to the User Administration about his lack of access to additional functionality of the Site will not be accepted, and the administration does not compensate for the user money spent by them in such circumstances.
- 4.9. If the Administration is determined that the user gets access to the closed top of functionality of the Site from a third party, the Administration may, at its discretion, either suspend or restrict, or terminate the right to use a computer program user of the Site «Americans Premium».
- 4.10. User Administration ensures that it has the right to freely dispose of the funds he has chosen to pay for the rights to use the Closed pay functionality of the Site, without violating the laws of the Russian Federation and/or the law of another country of which the user is, and the rights of third parties. Administration is not responsible for any damage to third parties and/or other users caused by the use of the user does not belong to him cash.
5. Limitation of liability Site Administration «Americans Premium»
- 5.1. The user uses the Software at your own risk. Use of the Software is done on an "as is".
- 5.2. Administration is not responsible for any unlawful acts or third parties.
- 5.3. Administration is not responsible for statements User, published by the use of the Software Site «Americans Premium». Administration is not responsible for the behavior of users when using them the Software.
- 5.4. Administration is not responsible for the loss of users the ability to access your account on the Site (loss login, password, other information necessary to use the Software Site «Americans Premium»).
- 5.5. Administration is not responsible for incomplete, inaccurate, incorrect indication of the users of its data using the Software.
- 5.7. The administration does not produce an exchange of one customer to acquire additional functional elements of the site into other elements of the additional functionality of the Site.
5.9. The administration does not warrant that:
- 5.9.1. A computer program will satisfy the subjective requirements and expectations of users;
- 5.9.2. the process of using the Software will flow continuously, quickly, without technical failures, reliably and without errors;
- 5.9.3. results that can be obtained using the Software will be error-free;
- 5.9.4. Computer programs are available and can be used around the clock, at some particular time or for any period of time.
5.10. Administration is not responsible for the occurrence of direct or indirect damage to the User or any other third parties, arising out of:
- 5.10.1. the use of or inability to use the Software Site «Americans Premium»;
- 5.10.2. unauthorized access to any third parties your personal information, including the account of the User, the User's personal account on the Site.
- 5.11. In all circumstances, the responsibility of the Administration to the User limited to the amount of 100 (one hundred) rubles.
- 5.12. Administration is not obligated to provide you with any documents and other evidence showing that a user breaches of this Agreement, in which the user has been partially or completely denied the right to access the Site (the right to use the Software Site «Americans Premium»).
- 5.13. You understand, acknowledge and agree that the Software Site «Americans Premium» can provide a variety of audio and/or visual effects, which under certain circumstances can cause in people who are prone to epileptic or other disorders of the nervous nature, exacerbation of these conditions, and user guarantees that these disorders, he does not suffer, or will not use the Software, providing this kind of stimuli.
- 5.14. The user receives and accepts that a regular long-term (continuous) finding the personal computers, the use of other technical devices, may cause various complications physical state including impaired vision, scoliosis, various forms of neuroses and other negative effects on the organism. User warrants that it will use the Software only for a reasonable time, with breaks for rest or other activities to prevent physical condition, if any, recommended or prescribed by the User.
6. Terms of Intellectual Rights
Exclusive rights to the Software Site «Americans Premium»:
- 6.1.1. All Computer programs are subject to the exclusive rights of the Administration or other copyright owners, all rights to these objects are protected;
- 6.1.2. Except as set forth in this Agreement and the applicable laws of the Russian Federation, no the Software may not be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise used in whole or in part without prior permission, unless the rights holder explicitly expressed its consent to the free use of the Software by any person;
- 6.1.3. User's use of the Software, to which access is obtained solely for your personal, non-commercial use is permitted provided that all signs of authorship (copyrights) or other notices of authorship, save the author's name intact and maintaining the software itself unchanged;
- 6.1.4. Any use of the Software, except as permitted by this Agreement or in the case of the express consent of the owner of such use, without prior written permission is strictly prohibited;
- 6.1.5. Except as otherwise expressly provided in this Agreement, nothing in this Agreement shall be considered as a transfer of exclusive rights to the User Content Site and/or the Software.
7. Territory and the duration of this Agreement
- 7.1. The user has the right to use the Software Site «Americans Premium» methods described in this Agreement, the entire territory of the Russian Federation, as well as other areas in which they are available as part of the normal process of the operation of the Site.
- 7.2. This Agreement is effective from the date of acceptance of its terms by the User and is valid for one (1) calendar year.
- 7.3. This Agreement shall be automatically extended for each subsequent one (1) year, unless before the expiration of the term of the Agreement:
- 7.3.1. Administration decides to amend the provisions of this Agreement, the need for a new agreement with the user, complete or partial termination of service of computer programs and termination access to them, the termination of this Agreement for the User or preventing access to this computer software program with regard to the User;
- 7.3.2. User decides to terminate the right to use computer programs.
- 7.4. Administration has the right at any time without notice to you and without explanation terminate this Agreement at its sole extrajudicially immediate termination of access and use the Site and without refund of any costs, losses or return obtained under the Agreement, including in the case of:
- 7.4.1. Closing the Site «Americans Premium»;
- 7.5. User may terminate this Agreement at its sole extrajudicially by deleting your account on the Site in the manner prescribed by special documents posted on this site.
- 7.6. User agrees and fully accepts that all exclusive rights to the Software Site «Americans Premium», belong to the Administration or to third parties, unless otherwise explicitly stated in the Agreement or on the Site.
- 7.7. User may not use any components of the Software outside of the Site without the prior written consent of the Administration.
- 7.8. You understand, acknowledge and agree that any element of the Software is protected by copyright. Despite the fact that the user is granted the right to use the Software during the use of the Site, such use of the Software is not and can not be considered under any circumstances as the transfer and/or assignment of exclusive rights in relation to these programs from the Administration to the user.
- 7.9. This Agreement does not provide for the assignment of any exclusive rights or exclusive license to any components of the Software from the Administration to the user.
- 7.10. If the user in accordance with the laws of his state is forbidden to use computer programs online or there are other legal restrictions, including restrictions on the age of admission to such computer programs, User shall not use the Software. In this case, user is solely responsible for the use of computer programs in the territory of the state and violation of local laws.
- 7.11. This Agreement may be changed by the Administration without any prior notice. Any changes to the Agreement, the Administration implemented unilaterally enter into force upon publication of such changes on the Site. The user undertakes to verify the Agreement for changes. Failure User Action to familiarize with the Agreement and/or the modified version of the Agreement shall not be grounds for non-fulfillment by the User of its obligations and fail to comply with the restrictions established by the Agreement.
- 7.12. The invalidity of one or more provisions of this Agreement, duly recognized as an effective decision of the court, does not lead to the invalidity of the User Agreement and the Administration as a whole. In the event that one or more provisions of the Agreement in the established order invalid, the Administration and Members are obligated to fulfill the undertaken obligations under the Agreement in a manner as close as possible to that in the conclusion and/or agreed changes to the Agreement.
- 7.13. This Agreement and the relationship between the Administration and the User in connection with this Agreement and the use of computer programs governed by the laws of the Russian Federation.
- 7.14. With regard to the form and method of this Agreement shall also apply provisions of the Civil Code, governing the terms and conditions of the contract and by the acceptance of the public offer.
- 7.15. All disputes the parties under this Agreement shall be settled by negotiations and correspondence with the use of mandatory pre-trial (the claim) order. Failure to reach agreement between the parties through negotiation within ninety (90) calendar days of receipt by the other party a written claim, the dispute shall be submitted by any interested party in a court of general jurisdiction in the location of the Administration (with the exception of the case in any other jurisdiction of the courts).