User agreement

Version No. 1

dated "____" ___________ 201__

 

BEFORE USING THE SITE, PLEASE READ THIS DOCUMENT CAREFULLY. USE OF THE SITE IS PERMITTED ONLY SUBJECT TO THE TERMS OF THIS AGREEMENT. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE AGREEMENT BELOW.

 

1. GENERAL PROVISIONS
   1. The User Agreement (hereinafter referred to as the Agreement / this Agreement) is addressed to BIG JACK LLC ОГРН 1167746430598, ИНН 9717024629, КПП 770301001 location Russia, 123112, Moscow, 'Presnenskaya embankment, 12, room 10/45', hereinafter referred to as the "Site Administration", to any person using the site located on the Internet at: https://bigjack24.ru/ (hereinafter referred to as the Site), hereinafter referred to as the "User", with a proposal to conclude contract on the terms and conditions set forth below.
   2. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, this Agreement is recognized as an offer (public offer). In accordance with Article 438 of the Civil Code of the Russian Federation, acceptance of the terms of this Agreement is considered to be the commission of actions set forth in the Agreement. The contract concluded by accepting this offer does not require bilateral signing and is valid in electronic form.
   3. The User is not entitled to enter into this Agreement if he has not reached the age sufficient to conclude it, in accordance with applicable law.
2. TERMS AND DEFINITIONS
   1. The terms used in this section as used in this Agreement, unless otherwise specified, shall have the following meanings:
   2. Site Administration - LLC "BIG JACK" ОГРН 1167746430598, ИНН 9717024629, КПП 770301001, location Russia, 123112, Moscow, '', which has all rights in relation to the Site.
   3. Site - a set of programs for electronic computers and other information contained in the information system, access to which is provided through the information and telecommunication network Internet and located at: https://bigjack24.ru/.
   4. Offer - an offer to any person to enter into an agreement on the terms and conditions exhaustively set forth in this Agreement.

i>Acceptance -  the full and unconditional consent of a person to conclude a contract on the terms set forth in this Agreement. For the purposes of this Agreement, acceptance is the moment from which the User actually started using the Site.

Content – any text, graphic, audio, video, and other materials posted on the Site.

SUBJECT OF THE AGREEMENT

1. The Site Administration grants the User a simple (non-exclusive) license to use the Site and the content posted on the Site, on the terms set forth in this Agreement.
2. The Site Administration confirms that it has all exclusive rights in relation to the Site.
3. The User confirms that, by making an acceptance, he has read the terms of this Agreement and the terms of the Agreement are clear to him.
4. The text of this Agreement is posted on the Site. The Site Administration has the right to change this Agreement at any time. The terms of the Agreement cannot be changed except by publishing the amended document on the Site.

RIGHTS AND OBLIGATIONS

1. The user has the right to:
   1. Access the Site around the clock, except for the time of preventive maintenance.
   2. Use the Site within the limits specified in this agreement.
2. The user undertakes:
   1. Comply with the terms of this Agreement.
   2. Not to distribute any malicious software that damages, interferes with, intercepts, expropriates, otherwise violates the integrity of the software or hardware systems associated with this Site, as well as the personal information of other Users.
   3. Do not copy, reproduce, republish, do not make transactions with the content of the Site, and do not use the Site to participate in similar activities of the Site Administration.
   4. Perform other duties provided for in this Agreement, as well as comply with all applicable laws and other regulations when using the Site.  
3. The Site Administration has the right to: 
   1. Set restrictions on the use of the Site for certain categories of Users, which depends in particular, but not limited to, on the territory of the User's location, language,

on which the Site is provided.

Terminate this Agreement with the User and refuse to execute it if the User fails to comply with the terms of this Agreement.

At any time, change the text of this Agreement unilaterally.

The Site Administration undertakes:

1. Ensure the availability of the Site around the clock, with the exception of the time of preventive maintenance.
2. Do not carry out any actions that may lead to the inability to use the Site by the User.

TERMS OF USE OF THE SITE

1. The Site Administration grants the User a personal, worldwide, royalty-free, non-exclusive, limited and non-assignable license to use the Site on the terms set forth in this Agreement.
2. The Site Administration grants the User the right to use the Site solely for purposes that do not contradict the current legislation. Unless otherwise provided in this Agreement, the User has no right to: collect, copy, distribute, demonstrate, modify, use automatic devices, programs, algorithms that perform functions in the field of accessing or copying any part of the Site, download any part of the Site, except for short-term download (caching) for the purpose of using the Site.
3. Upon termination of this Agreement, all licenses and rights to use the Site are immediately terminated. Termination of the Agreement does not affect the User's obligations imposed by the terms of this Agreement to the Site Administration, which should be preserved within reasonable limits after the termination of the Agreement.

6. RESPONSIBILITY
   1. The Site Administration makes every possible effort to ensure the operability of the Site, but does not guarantee its constant availability, uninterrupted and timely provision, security, accuracy, absence of errors in the operation of the Site. The only available option for the User in connection with the above problems is to immediately stop using the Site.
   2. The use of the Site is provided to the User "as is" and is carried out at his own risk and without any guarantees from the Site Administration, whether direct or sub-

reasonable warranties, including, without limitation, warranties or conditions of quality, performance, merchantability, or fitness for other purposes of the Site. The Site Administration is responsible for culpable non-fulfillment or improper fulfillment of its obligations.

The Site Administration does not bear any responsibility, whether it is contractual liability or liability for causing harm, regardless of whether the Site Administration has been notified of the possibility of these violations or damage related to or resulting from the use of the Site by the User, including, but not limited to, for damage resulting from:

1. Uploading by the User or otherwise obtaining data through the Site. No recommendations received by the User orally or in writing from the Site Administration create any guarantees;
2. Carrying out preventive work on the Site by the Site Administration with the simultaneous termination of the use of the Site by the User;
3. The occurrence of the circumstances provided for in section 8 of this Agreement;
4. Actions (inactions) of other Users.

The user is responsible for non-fulfillment or improper fulfillment of his obligations. If any person files a lawsuit against the Site Administration that is a consequence of the User's violation of this Agreement and (or) the rights of such a person, including violation of exclusive rights, then the User is obliged to enter into litigation as a third party, provide appropriate compensation and protect the Site Administration from compensation for damage to such a third party.

FORCE MAJEURE

1. If we are unable to provide the use of the Site due to the occurrence of force majeure, under the terms of this Agreement, this should not be considered as a violation of our obligations towards the User.
2. Force majeure circumstances that directly or indirectly affect the implementation of this Agreement by the Site Administration include natural disasters, the impact of forces or causes beyond Our reasonable control, including, but not limited to: disconnection of the Internet, computers, telecommunications or any other equipment failures, power outages, actions of public authorities, including decisions of domestic or foreign courts or tribunals, or failure to comply with an obligation to comply with a law.

Third parties.

CLAIMS AND NOTICES

1. In the event of disputes between the Site Administration and the User arising from this Agreement, the claim procedure for their settlement is mandatory.
2. The User has the right to send a written reasoned claim to the Site Administration if he believes that the Site Administration violates the terms of this Agreement. Claims that do not allow the identification of the User are not considered by the Site Administration.
3. The Site Administration has the right to send a written reasoned claim to the User who, in the opinion of the Site Administration, violates the terms of this Agreement.
4. The deadline for consideration of the claim is 30 (thirty) days from the date of its receipt by the addressee.
5. In case of failure to resolve the dispute arising from this Agreement in the complaint procedure, the dispute shall be considered in court at the location of the Site Administration.

PRIVACY & SECURITY

1. The Site Administration is responsible for maintaining privacy and confidential information. The Site Administration stores and processes the information provided by the User, strictly adhering to the Privacy Policy posted on the Site, in accordance with the requirements of the federal law "On Personal Data" dated 27.07.2006 No. 152-FZ.

SENDING

1. The Site Administration respects the right of each User to receive only such informational messages to which he has expressed his consent. The Site Administration, when sending such information messages, adheres to this User Agreement posted on the Site.
2. The Site Administration sends information messages exclusively on a voluntary basis, and also makes every effort to ensure that the interaction between the User and the Site is as convenient and trusting as possible.
3. The Site Administration pays great attention to the problem of unsolicited advertising messages of a mass nature (hereinafter referred to as Spam). With the growing number of mobile phone and smartphone users, Spam began to cause significant damage to the entire community of Internet users. In this regard, the Site Administration takes all measures to combat Spam. In this regard, Admini

The following measures have been taken to combat Spam:

Obtaining prior consent from the User to send information messages by the Site Administration.

11. FINAL PROVISIONS
    1. This Agreement between the Site Administration and the User exhaustively regulates the User's use of the Site, including all functions and services of the Site, replacing any previous written or oral agreements regarding the content of this document. In view of the gratuitous nature of actions to use the Site, the Law of the Russian Federation of February 7, 1992 N 2300-I "On Protection of Consumer Rights" does not apply to the relationship between the Site Administration and the User.
    2. Taking into account the principle of equality and independence of the parties, no labor, agency, partnership relations, except for relations on the use of the Site between the Site Administration and the User can be established by this Agreement. The listed relations, as well as any others, are established by separate agreements between the Site Administration and the User.
    3. If any provision of this Agreement, or any part thereof, is found to be unenforceable by any judicial or administrative authority having jurisdiction, such provision or part thereof shall be severed from this Agreement without prejudice to the validity, enforceability, enforceability of the remaining provisions of this Agreement.
    4. Inaction or delay in the exercise by the Site Administration of its legal rights or claims for compensation for damage provided for in this Agreement does not mean that the Site Administration waives its legal rights.
    5. The Site Administration reserves the right to make changes to this Agreement. Changes come into force from the moment they are published on the Site. The User hereby acknowledges and agrees that his use of the Site after making changes to this Agreement automatically means the User's consent to the changes made.
    6. The titles of the sections of this Agreement are established for reference purposes only and do not in any way define, limit, or interpret the content of the corresponding section.
    7. This Agreement is subject to the laws of the Russian Federation.
    8. This Agreement is made in Russian language.

ol>