Terms of Use
Edition of: June 23, 2023
Definitions:
“Service” – an Internet resource located on the Internet at the address: tinderone.ru, including all levels of the specified domain. The Internet resource is available to the User through the website, mobile version of the website, applications, and other resources, representing the result of intellectual activity in the form of a computer program. The Internet resource is objectively presented as a set of data and commands, and audiovisual displays (including graphic images and user interface) generated by them, intended for the functioning of computers and mobile devices in order to achieve a certain result in the form of organizing the functionality of the service.
“User” – licensee, a natural person with legal capacity to enter into this Agreement, who is granted access to the Service on the terms of the Agreement. The licensee is a Party to the Agreement.
“Service Administration” – licensor, Individual Entrepreneur Bordey Rashid (OGRNIP 322463200025039), which provides the User with access to the Service on the terms of a non-exclusive license and disseminates, operates, serves, administers the Service. The licensor is a Party to the Agreement.
“User Agreement” (“Agreement”) – the text of this Agreement concluded between the Licensor and the Licensee, containing all necessary and essential conditions of the license agreement on the provision of the right to use the Service. An integral part of this Agreement are also Privacy Policy, Community Rules, Cookie Policy, and Photo Upload Rules, as well as any other rules for using the Service posted by the Licensor on the corresponding pages of the Service.
“Content” – elements of design, illustrations, graphic images, photographs, scripts, texts, videos, sounds, and other objects posted on the Service, including results of intellectual activity, rights to use which may belong to the Licensor, Licensees, or other persons.
- General Provisions
1.1. The Service Administration offers the User the Internet – to use its services on the terms of a simple non-exclusive license set forth in this User Agreement. The Agreement shall enter into force upon the User’s acceptance of its terms by registering with the Service. After filling in the required fields and reviewing this Agreement, the User joins (accepts) this Agreement by clicking the “Register” button or its equivalent, which in the meaning of Articles 435 and 438 of the Civil Code of the Russian Federation constitutes acceptance (acceptance) of the Service’s offer, as well as the conclusion of a contract that creates obligations for the User to comply with the terms of the Agreement, including the applicable rules in the Service;
1.2. The use of the services is governed by this Agreement, as well as the following documents, which are an integral part of this Agreement: Privacy Policy, Community Rules, Cookie Policy, and Photo Upload Rules. The Agreement may be amended by the Service Administration without any special notice, and the new version of the Agreement shall enter into force upon its posting on the Internet at the address specified in this paragraph, unless otherwise provided by the new version of the Agreement. The current version of the agreement is always available on the page at the address: https://tinderone.ru/usloviya-ispolzovaniya/. By continuing to use the Service after the changes take effect, the User agrees to the new version of the Agreement;
1.3. By starting to use the service and/or its individual functions, or by registering, the User is considered to have accepted the terms of the Agreement in full, without any reservations or exceptions. If the User disagrees with any of the provisions of the Agreement, the User is not entitled to use the services. If the Service Administration has made any changes to the Agreement in the manner provided for in clause 1.2. of the Agreement, with which the User disagrees, the User must stop using the service.
- Registration and User Profile
2.1. In order to use the Service and its certain functions, the User must undergo a registration procedure, as a result of which a Personal Profile will be created for the User. When registering a Personal Profile, the User confirms that the person is: of the age of 18 years, entitled to independently register a Personal Profile and use the Service within the capacity established by applicable law;
2.2. For registration, the User undertakes to provide true and complete information about himself/herself in the registration form and keep this information up to date. If the User provides false information or if the Service Administration has reasons to believe that the information provided by the User is incomplete or false, the Service Administration has the right, at its discretion, to block or delete the User’s Personal Profile and refuse the User to use its services (or their individual functions);
2.3. The User acknowledges and agrees that the image of the Personal Profile and personal data of the User may accompany the materials published by the User within the use of the Service and will be available to an unlimited number of persons. The User agrees that the Service Administration has the right to display the image of the Personal Profile and the User’s Name in the Service;
2.4. It is prohibited for the User to use another person’s Personal Profile, transfer the Personal Profile to another person, or create more than one Personal Profile.
In case of detection of the mentioned actions, the Administration reserves the right to restrict access to the Service, including newly created Personal Profiles.
2.5. The User’s uploaded image of the Personal Profile, User Name, and other information uploaded by the User, published by the User and available in the Service, is subject to display to an unlimited circle of persons solely for the purposes of providing the Service by the Service Administration and personalizing Users. This information (including personal data) is not intended for collection and further distribution by third parties, except in cases where such purpose is expressly stated in the terms of service;
2.6. The User’s personal information, as defined by the Privacy Policy and contained in the User’s Personal Profile, is stored and processed by the Service Administration in accordance with the terms of the Privacy Policy;
2.7. The User has the right to use an alternative means of authorization chosen by him/her from the proposed options, including using accounts of third-party resources. By choosing an alternative means of authorization, the User agrees to receive data about the User from third-party information resources on the terms of the Privacy Policy. The User must independently control the reliability of the chosen access means to a third-party resource and the security of account data;
2.8. Restriction of access to the Personal Profile. The Service Administration has the right to block or delete the User’s Personal Profile, as well as to prohibit access using any Personal Profile to the service (or to individual functions of the service, if technologically possible), and delete any content without explanation and without refund of funds for any purchases, in case of detection of suspicious activity by the User in the Service, failure to pass the internal moderation procedure, as well as if the User’s actions or information posted by him/her violate the terms of the Agreement, the terms of other documents specified in clause 1.2., and applicable law;
2.9. At any time, the user can independently delete his/her Personal Profile, following the instructions in the “Settings” section within the Service interface.
- Change and Termination of Service
3.1. In order to improve the functionality, the Service Administration has the right to add new features, make improvements, as well as remove some features of the Service;
3.2. The User may delete his/her Personal Profile at any time, following the instructions in the “Settings” section within the Service. The Service Administration has the right to terminate the operation of the User’s Personal Profile at any time without notice if it considers that this Agreement has been violated. After such termination, the User loses the right to reimbursement of the cost of purchases.
- Rights and Obligations of the Parties
4.1. Rights and obligations of the User:
4.1.1. The Service is provided on the terms of a personal, worldwide, free-of-charge, non-transferable, non-exclusive, revocable, and non-sublicensable license to access the Service and use it. This license is intended solely for the use of the advantages of the Service provided in accordance with this Agreement;
4.1.2. The User is solely responsible to third parties for his/her actions related to the use of the Service, including if such actions lead to the violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Service;
4.1.3. The User is prohibited from uploading, sending, transmitting, or otherwise posting and/or distributing content that is unlawful, harmful, defamatory, offends morality, demonstrates (or promotes) violence and cruelty, violates intellectual property rights, promotes hatred and/or discrimination against people on racial, ethnic, gender, religious, social grounds, contains insults to any persons or organizations, contains elements (or is propaganda) of pornography, child erotica, represents advertising (or is propaganda) of sexual services (including under the guise of other services), explains the production, use, or other use of narcotic substances or their analogs, explosive substances, or other weapons;
4.1.4. The User is prohibited from impersonating another person or representing an organization and/or community without sufficient rights to do so, including as employees of the Service Administration, the site owner, and also to apply any other forms and methods of illegal representation of other persons on the network, as well as mislead users or the Service Administration about the properties and characteristics of any subjects or objects;
4.1.5. The User is not entitled to upload, send, transmit or otherwise post and/or distribute content in the absence of rights to such actions in accordance with the legislation or any contractual relationships;
4.1.6. The User is prohibited from uploading, sending, transmitting, or in any other way posting and/or distributing unauthorized advertising information, spam (including search), lists of other people’s email addresses, pyramid schemes, multi-level marketing, internet earning systems, and email businesses, “chain letters”, as well as using the Service to participate in these activities, or using the Service solely to redirect users to pages of other domains;
4.1.7. The User is prohibited from uploading, sending, transmitting, or in any other way posting and/or distributing any materials containing viruses or other computer codes, files, or programs intended to disrupt, destroy, or limit the functionality of any computer or telecommunications equipment or programs, for unauthorized access, as well as serial numbers for commercial software products and programs for their generation, logins, passwords, and other means to gain unauthorized access to paid resources on the Internet, as well as posting links to the above information;
4.1.8. The User is not authorized to collect, store, and distribute personal data of other persons without authorization; In cases of detecting a user’s activity related to potential security breaches of other Service users, including, but not limited to, accessing third-party communication services, the Service Administration may restrict or completely prohibit access to the Service;
4.1.9. The User is prohibited from directly or indirectly disrupting the normal operation of the services;
4.1.10. The User is not allowed to use the Service to extort or obtain money from other Users and/or third parties, regardless of the pretext;
4.1.11. The User agrees not to assist in or commit any other illegal actions using the Service, contrary to the requirements of the legislation of the Russian Federation and/or these Terms of Use, as well as other documents that are an integral part of these Terms of Use;
4.2. Rights and obligations of the Administration:
4.2.1. By creating a Personal Profile, the User grants the Service Administration a worldwide, sublicensable, free-of-charge right and license to place, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute information accessible through third-party websites, as well as any information (together, “Content”) that the User publishes, uploads, displays, or makes available to other Users in any other way;
4.2.2. The Service Administration has the right to receive, store, and disclose information about the User’s Personal Profile and Content if required by law or to fulfill this agreement with you, if the Service Administration reasonably believes that such access, storage, or disclosure is made on a lawful basis for the purpose of: complying with a court order; ensuring compliance with the requirements of the Agreement; satisfying claims that any Content violates the rights of third parties; responding to customer support requests; protecting the rights, property, or personal safety of the Company or any other person;
4.2.3. The Administration has the right to expand, restrict, or modify the services provided and the conditions of their provision without additional notice to users.
- Purchases and Refunds
5.1. The User can use additional services, implying the use of software tools of the Service and allowing access to additional functionality of the Service. The list of services, payment methods, and the cost of services may be changed by the Service Administration at any time;
5.2. By making a purchase in the Service, the User agrees to debit the cost of the service, including all necessary commissions and taxes. By confirming the payment, the User grants the right to the Service Administration or a third-party payment service to debit the corresponding amount;
5.3. Services with auto-renewal:
5.3.1. By initiating the registration of a Service with the technical possibility of automatic renewal, the User agrees that subsequent debits of the Cost of such Service will be made automatically one day before the end of the paid period, using the payment method selected by the User at the end of each period, multiple of the period selected by the User when registering the Service, unless the User refuses automatic renewal before the next debit date;
5.3.2. Canceling a service with auto-renewal. When the Service is not used, the subscription is not canceled, and its action is not terminated; the Service will continue to debit funds using the selected payment method until the subscription is canceled in the User profile settings or by a third-party payment provider. After canceling the subscription, the User can continue to use it until the end of the already paid period, after which the subscription is not renewed;
5.3.3. Canceling a service with auto-renewal purchased through Apple and Google is done in the settings of these services. The User is entitled to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use Virtual Products;
5.4. The User has the right to purchase “Coins” in the profile, which reflect the volume of the license provided and are not equivalent to real currency. Coins are used to purchase additional services within the Service used;
5.4.1. The Administration has the right to distribute Virtual Products for a fee or for free. The cost of access is determined by the Service Administration and may change at any time;
5.4.2. The Service Administration is considered to have fulfilled its obligations to provide access to additional services at the moment of their display and/or actual access to them in the User’s profile;
5.5. Refunds:
5.5.1. All expenses related to the purchase of additional services are not refundable. Also, no refund is provided for full or partial use of them;
5.5.2. If the purchase is made through the App Store or Google Play or other payment systems presented in the Service interface, the subscription cancellation and refund are made through the respective organization, not by the Service Administration;
5.5.3. In case of refund requests for payments processed by payment systems specified in clause 5.5.2 of this Agreement. The Service Administration does not guarantee that the refund request will be satisfied;
5.5.4. Users residing in the territory of the European Union or the European Economic Area have the right to a refund within 14 days from the start of the subscription in accordance with local legislation.
5.6. Payment:
5.6.1. Payment on the Service is possible by VISA/MasterCard/Мир bank card or other available payment methods at the time of payment. All additional expenses associated with payment for the order are borne by the User;
5.6.2. When choosing online payment, after placing the Order, the User will be redirected to a secure page of the payment system, where they need to enter their bank card details. The 3-D Secure protocol is used for additional cardholder authentication. If the User’s Bank supports this technology, the User will be redirected to its server for additional identification. The User can clarify information about the rules and methods of additional cardholder authentication from the Bank that issued their bank card;
5.6.3. The amount presented for payment is only the cost of the Service. The cost of additional services not selected by the client at the time of placing the order is charged separately upon receipt of the Order;
5.6.4. All available payment services presented when ordering the Service protect and process the User’s bank card data according to the security standard. Information is transmitted to the payment gateway using SSL encryption technology. Further transmission of information takes place over closed banking networks with the highest level of reliability. Payment systems do not transfer the User’s card data to the Service and other third parties. The 3-D Secure protocol is used for additional cardholder authentication;
5.6.5. The security of Internet payments processing is guaranteed by the Payment System. All operations with payment cards and other available payment methods are carried out in accordance with the requirements of VISA International, MasterCard, Мир, and other payment systems. Special online payment security technologies are used for information transmission, and data processing is carried out on a secure high-tech server of the processing company;
5.6.5. The User attaches a bank card or other payment data to their Personal Profile. Subsequently, the amount of any subsequent Service order by the User will be automatically debited from the payment method attached to the Personal Profile without specifying details, upon confirmation of the payment by the User by pressing the “Pay” button or any other button with a similar meaning when ordering the Service;
5.6.7. The User can delete the saved payment method data in the wallet settings of the Personal Profile or in the Subscription Management section.
- Liability
6.1. The Service is provided “as is”. The Service Administration assumes no responsibility, including for the compliance of the services with the User’s goals;
6.2. The Service Administration does not guarantee that:
6.2.1. The Services meet/will meet the User’s requirements;
6.2.2. The Services will be provided continuously, quickly, reliably, and without errors;
6.2.3. The results that may be obtained using the Services will be accurate and reliable and can be used for any purpose or in any quality (for example, to establish and/or confirm any facts);
6.2.4. The quality of any product, service, information, etc., obtained using the services, will meet the User’s expectations;
6.3. Any information and/or materials (including downloadable software, letters, any instructions and action guides, etc.) that the User accesses using the Service, the User may use at their own risk and are solely responsible for the possible consequences of using such information and/or materials, including for any damage that it may cause to the User’s computer or other technical device or to third parties, for data loss, or any other harm;
6.4. The Service Administration is not responsible for any losses incurred as a result of the User’s use of the services or individual parts/functions of the services.
- Personal Data
7.1. The User hereby acknowledges that by placing their data on the personal page of the Service, they make such data available to an unlimited number of persons – Internet users (public personal data);
7.2. Processing of the User’s personal data is carried out in accordance with the legislation of the Russian Federation. The Administration processes the User’s personal data for the purpose of providing the User with access to the functionality of the Service and executing this Agreement. The Administration takes all necessary measures to protect the User’s personal data from unauthorized access, alteration, disclosure, or destruction. The Administration has the right to use the information provided by the User, including personal data, for the purpose of ensuring compliance with the requirements of the current legislation of the Russian Federation (including for the purpose of preventing and/or suppressing illegal and/or unlawful actions by Users);
7.3. Disclosure of the information provided by the User, which is not publicly available personal data, may only be made in accordance with the current legislation of the Russian Federation at the request of the court, law enforcement agencies, as well as in other cases provided for by the legislation of the Russian Federation. Since the Administration processes the User’s personal data for the purpose of executing this Agreement, pursuant to the provisions of the personal data legislation, the User’s consent to the processing of his personal data is not required;
7.4. By registering with the Service, the User gives the Administration permission to process his personal data in the ways and for the purposes specified in this Agreement, as well as in Privacy Policy, posted on the Service in the corresponding section, accessible in the Personal Profile settings;
7.5. Personal data provided by the user may be transferred to Partners for various campaigns including, but not limited to – informational, advertising, and marketing campaigns. The Administration has the right to provide information to participants of the Affiliate Program, including that placed by the User independently on the personal profile;
7.6. In the event of the User’s personal page being deleted from the Service, the Administration has the right to store the information posted by the User within the used Service for the necessary time at the discretion of the Administration for the proper functioning of the Service and the execution of this Agreement, the current legislation;
7.7. The service administration, with the user’s permission on behalf of the user, processes personal data in accordance with applicable law, to members of the affiliate program or affiliated persons. The data includes information provided by the user independently when registering a personal profile on the Service, as well as in the process of using the Service, which becomes known to the Service Administration, as well as information of a technical nature, including but not limited to: about devices, IP address.
- Rights to Protected Results of Intellectual Activity and Means of Individualization
8.1. All objects placed on the Service, including design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds, and other objects and their collections, are objects of exclusive rights of the Administration, Users, and other right holders;
8.2. Except as expressly provided in this Agreement, as well as in the legislation of the Russian Federation, no Content may be placed, copied (reproduced), processed, distributed, published, downloaded, or otherwise used in whole or in part without the prior permission of the copyright holder;
8.3. By posting Content on the Service, the User grants other users the right to use it by viewing, reproducing (including copying), and other exclusive rights solely for personal non-commercial use, except in cases where such use harms or may harm the protected by law interests of the copyright holder;
8.4. The User may use the Content, access to which is obtained solely for personal non-commercial use, provided that all authorship marks (copyrights) or other notices of authorship are preserved, the author’s name is preserved unchanged, and the work is preserved unchanged;
8.5. The User grants the Administration the right to use the Content (including images of the User) posted by him on the Service on a free basis, in any manner not contrary to the legislation of the Russian Federation, including but not limited to, by reproducing, storing, publicly displaying, broadcasting and cablecasting, processing/translating, and making it publicly available. The specified Content may be used by the Administration in any promotional and marketing materials of the Administration, including, but not limited to, in information mailings, leaflets, presentations, advertising materials. The right to use provided by this clause of the Agreement is granted for the entire term of the exclusive right to the corresponding Content and applies worldwide. The Administration has the right to transfer the rights specified in this clause to third parties;
8.6. In case of disagreement with the terms included in this clause of the Agreement, the User undertakes to inform the Administration thereof by using the feedback form;
8.7. The User is solely responsible for any Content or other information that he uploads or otherwise makes publicly available (publishes) on the Service or using it. The User is not allowed to upload, transmit, or publish Content on the Service if he does not have the corresponding rights to perform such actions, acquired or transferred to him in accordance with the legislation of the Russian Federation;
8.8. The Administration has the right, but not the obligation, to review the Service for prohibited Content and may delete or move (without notice) any Content at its discretion, for any reason or without reason, including, without limitation, moving or deleting Content which, in the opinion of the Administration, violates the terms of the Agreement, the current legislation of the Russian Federation and/or may violate the rights, cause harm or threaten the safety of other Users or third parties;
8.9. None of the provisions of this Agreement grant the User the right to use the trade name, trademarks, domain names, and other means of individualization of the Administration and/or placed within the framework of the Service.
- Other provisions
9.1. This Agreement constitutes a contract between the User and the Administration of the Service regarding the use of services and replaces all previous agreements between the User and the Administration of the Service;
9.2. This Agreement is governed and interpreted in accordance with the legislation of the Russian Federation. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Russian Federation. All disputes arising from the relations regulated by this Agreement shall be resolved in the manner prescribed by the current legislation of the Russian Federation, in accordance with the norms of Russian law. Throughout the text of this Agreement, unless explicitly stated otherwise, the term “legislation” shall be understood as the legislation of the Russian Federation;
9.3. Regarding the services provided under this Agreement, consumer protection norms provided for by the legislation of the Russian Federation cannot be applicable to relations between the User and the Administration of the Service due to the nature of the relationship;
9.4. Nothing in the Agreement may be construed as establishing agency, partnership, joint venture, employment, or other relationships between the User and the Administration of the Service, not directly provided for by the Agreement;
9.5. If for any reason one or more provisions of this Agreement are found to be invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Agreement;
9.6. Inaction on the part of the Administration of the Service in case of violation by the User or other users of the provisions of the Agreements does not deprive the Administration of the Service of the right to take appropriate actions to protect its interests later, as well as does not mean waiver by the Administration of the Service of its rights in case of subsequent similar or similar violations;
9.7. This Agreement is made in Russian and may be provided to the User for review in another language in some cases. In case of discrepancies between the Russian-language version of the Agreement and the version of the Agreement in another language, the provisions of the Russian-language version of this Agreement shall apply.