User Agreement

This Agreement is concluded between the owner of this website (hereinafter referred to as the Owner) and any person who, after accepting the terms of this Agreement, becomes a user of the website located on the Internet at: smm-e.ru (hereinafter referred to as the Site), hereinafter referred to as the "User", together throughout the Agreement referred to as the "Parties", and individually as a "Party".

In accordance with Article 435 of the Civil Code of the Russian Federation, this User Agreement is recognized as an offer.

In accordance with Article 438 of the Civil Code of the Russian Federation, the fact of registration (authorization) on the Site is considered unconditional acceptance of the terms of this Agreement.

This Agreement, concluded by accepting this offer, does not require bilateral signature and is valid in electronic form.

1. Terms and Definitions Used in the Agreement

In the Agreement, unless otherwise expressly provided in the text of the Agreement, the following words and expressions shall have the meanings specified below:

1.1. The Site is a set of software and hardware for computers that provide for the publication for general viewing of information and data united by a common purpose, by means of technical means used for communication between computers on the Internet. The Site is located on the Internet at: smm-e.ru.
1.2. The Administrator/Administration is the Owner of the Website.
1.3. The content of the Site is recognized as all objects posted on the Site, including design elements, text, graphic images, illustrations, video, scripts, programs, music, sounds and other objects and their selections. The Site Owner is the holder of exclusive rights to use the Site, including all content of the Site.
1.4. User - a user of the Internet, in particular the Site, who has his own personal page (profile/account).
1.5. Profile/account (Profile) - the User's personal page on the Site, accessible to all Users of the Site.
1.6. Account information - the User's unique name (login) and password for entering the Site; e-mail; account ID in the social network - specified by the User during registration (authorization) on the Site.
1.7. Moderation – review by the Site Owner of the information posted (or planned to be posted – Pre-moderation) on the Site by the User for its compliance with the provisions of this Agreement.

2. Subject of the Agreement

2.1. The Site Owner provides the User with services to provide access to the Site services, while a mandatory condition for the provision of services by the Site Owner in accordance with this Agreement is the acceptance, compliance by the User and application to the relations of the Parties of the requirements and provisions determined by this Agreement.
2.2. The Site Owner reserves the right to change the terms of this Agreement and all its integral parts without the consent of the User, notifying the latter by posting a new version of the Agreement or any of its integral parts that have undergone changes on the Site. Taking into account that the newsletter may be recognized by the Parties as spam, the User undertakes to familiarize himself with the content of the Agreement posted on the Site at least once a month in order to familiarize himself with its changes in a timely manner. A new version of the Agreement and/or any of its integral parts shall enter into force from the moment of publication on the Site, unless another period for the entry into force of the changes is determined by the Site Owner upon their publication. The current version of the Agreement and all appendices to it are always publicly available on the Site at the address: https://smm-e.ru/en/en/agreement.

3. Rights and obligations of the Site Owner

3.1. The Site Owner undertakes to:
3.1.1. Provide the User with the services specified in paragraph 2.1 of this Agreement. Access to the Site is provided by the User through authorization on the page https://smm-e.ru/en/services/#cabinet or other pages of the site.
3.2. The Site Owner has the right to:
3.2.1. In the event of a violation of the terms of the Agreement by the User, send the User a warning containing a list of violations. If the User fails to eliminate the violations within one day from the moment of sending him the notice or repeatedly violates the specified conditions or other conditions, the Site Owner has the right to unilaterally refuse to fulfill the Agreement, block Users' access to the User Profile and cancel the User Profile.
3.2.2. Moderate in cases where the information posted by the User promotes hatred and/or discrimination against people on racial, ethnic, sexual, religious, social grounds; promotes the use of narcotic and other substances that are harmful to health; calls for inhumane treatment of animals; violates the rights of national and other minorities; contains calls for violent actions; violates the rights of authors and other holders of intellectual property rights.
3.2.3. Manage statistical information related to the functioning of the Site, as well as User information to ensure targeted display of advertising information to various audiences of Site Users.
3.2.4. Disclose the User's Account Information to third parties.
3.2.5. Send the User information about the development of the Site and its services; send SMS messages, emails, messages in social networks and instant messengers - for the purpose of informing about activation codes, conducting surveys on the quality of the Site, providing and requesting other information, as well as advertising their own activities and services.

4. User's Rights and Obligations

4.1. The User undertakes to:
4.1.1. Fully familiarize themselves with the terms of this Agreement before registering(authorizations) on the Site.
4.1.2. Comply with all the terms of this Agreement.
4.1.3. Not transfer information about other Users obtained through the Site to third parties.
4.1.4. Not transfer their Account Information to third parties.
4.1.5. Not to post personal data of other persons on the Site, and not to use personal data of other Users or Users in any way that does not comply with the requirements of the Russian Federation legislation, for illegal or unlawful purposes, for the purpose of extracting profit and any other purposes that do not correspond to the purposes of creating the Site.
4.1.6. Not to post information and objects (including links to them) in the Profile that may violate the rights and interests of other persons.
4.1.7. Not to register as a User on behalf of or instead of another person or register a group (association) of persons or a legal entity/individual entrepreneur as a User.
4.1.8. Do not upload, store, publish or distribute any information that:
– contains threats, discredits, insults, defames the honor and dignity or business reputation or violates the privacy of other Users or third parties;
– violates the rights of minors;
– is vulgar or obscene, contains obscene language, contains pornographic images and texts or scenes of a sexual nature involving minors;
– contains scenes of violence or inhumane treatment of animals;
– contains a description of the means and methods of suicide, any incitement to commit it;
– promotes and/or contributes to the incitement of racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;
– contains extremist materials;
– promotes criminal activity or contains advice, instructions or guidelines on how to commit criminal acts;
– contains restricted information, including, but not limited to, state and commercial secrets, information about the private lives of third parties;
– contains advertising or describes the attractiveness of drinking alcohol and/or drugs, including “digital drugs” (sound files that affect the human brain through binaural beats), information about the distribution of drugs, recipes for their manufacture and advice on use;
– is fraudulent;
– and also violates other rights and interests of citizens and legal entities or the requirements of the legislation of the Russian Federation.
4.1.9. Not to use software or perform actions aimed at disrupting the normal functioning of the Site and its services or personal pages of Users, not to upload, store, publish, distribute or provide access to or otherwise use viruses, Trojans and other malicious programs; not to use automated scripts (programs) to collect information on the Site and (or) interact with the Site and its services without the special permission of the Site Owner.
4.1.10. Not to attempt to access the Profile of another User, including but not limited to, fraud, hacking the Profiles of other Users, etc.
4.2. The User is prohibited from:
4.2.1. Carry out illegal collection and processing of personal data of other Users.
4.2.2. Access any services in any way other than through the interface provided by the Site Owner, except for cases where such actions have been expressly permitted to the User in accordance with a separate agreement with the Site Owner.
4.2.3. Reproduce, duplicate, copy, sell, trade and resell services for any purposes, except for cases where such actions have been expressly permitted to the User in accordance with the terms of a separate agreement with the Site Owner.
4.2.4. Post commercial and political advertising outside of the special sections of the Site established by the Site Owner.
4.2.5. Post any information that, in the opinion of the Site Owner, is undesirable, infringes on the interests of Users or for other reasons is undesirable for posting on the Site.
4.3. The User has the right to:
4.3.1. Access the Site 24 hours a day, except for the time of maintenance.
4.3.2. Independently change the password, login, email, social media account, photo - without notifying the Site Owner.
4.3.3. Independently edit previously posted information about yourself on the Site.
4.3.4. Contact support to block your Profile (if there are no valid demo accesses and subscriptions).
4.4. The User agrees that by accessing the Site and using its content, he/she:
4.4.1. Expresses his/her unconditional consent to all the terms of this Agreement and undertakes to comply with them or stop using the Site.
4.4.2. Receives a personal non-exclusive and non-transferable right to use the content of the Site on one computer, provided that neither the User nor any other persons with the assistance of the User will copy or modify the software; create programs derivative of the software; penetrate the software in order to obtain program codes; sell, assign, lease, transfer to third parties in any other form the rights with respect to the software of the services provided by the Site.
4.4.3. In order to implement this Agreement, Users grant the Site Owner permission to use, store, process and distribute personal data in the manner and to the extent necessary to fulfill the terms of this Agreement. The procedure for the use, storage, processing and distribution of Users' personal data is posted on the Site at: https://smm-e.ru/en/en/privacy-policy. The User agrees to the transfer of personal and other data to third parties, including for the purposes of their processing, to ensure the functioning of the Site, the implementation of affiliate and other programs, subject to ensuring a regime similar to the regime existing on the Site with respect to the transferred data, including, but not limited to, the transfer of personal data to persons affiliated with Site Owner or who have concluded agreements with them, as well as to third parties in cases where such transfer is necessary for the User to use a certain service or to fulfill a certain agreement or contract with the User. The processing of personal data is carried out in accordance with the policy for the processing of personal data of Site Owner.

5. User Registration

5.1. In order to use the services provided by the Site Owner under this Agreement, the User must undergo the mandatory registration procedure on the Site at https://smm-e.ru/en/services/#cabinet. User registration on the Site is free and voluntary.
5.2. When registering on the Site, the User must provide the Site Owner with the necessary reliable and up-to-date information to create a Profile, including a unique login (e-mail address) and password for accessing the Site, as well as the last name and first name for each User. The Site registration form may request additional information from the User.
5.3. After providing the information specified in paragraph 5.2 of this Agreement, the User must confirm registration by expressing their desire to do so by clicking on the registration confirmation link in the message sent to the email address they specified. In the event that registration is carried out by authorization through social networks or instant messengers, then registration is confirmed when the confirmation button in the authorization form is clicked.
5.4. Upon completion of the registration process, the User becomes the owner of the User's Account Information, which means that they are responsible for the security of the Account Information, as well as for everything that will be done on the Site under the User's Account Information. The User is obliged to immediately notify the Site Owner of any unauthorized access to the Site, i.e., carried out by a third party without the consent and knowledge of the User and / or any breach of the security of the User's Account Information. The Site Owner is not responsible for any possible loss or damage to data that may occur due to the User's violation of the provisions of this paragraph of the Agreement.
5.5. To start working with the Site, the User must enter their Account Information in the appropriate section of the Site.
5.6. Unless the User proves otherwise, any actions performed using their login and password are considered to be performed by the relevant User. In the event of unauthorized access to the login and password and/or the User Profile or distribution of the login and password, the User is obliged to immediately notify the Site Owner of this in the prescribed manner.

6. Liability of the Parties

6.1. The User shall independently determine the list of organizational and software (for computers) means for maintaining the secrecy of his/her Account Information and ensuring authorized access to it. The Site Owner shall not be liable for damages caused to the User as a result of disclosure of the User's Account Information to third parties, which occurred through no fault of the Site Owner. If any person other than the User logs in to the Site using the User's Account Information, then all actions performed by such person shall be considered to have been performed by this User. The User shall be solely liable for all actions performed by him/her on the Site, as well as for all actions performed on the Site by any other persons using the User's Account Information.
6.2. The Site Owner does not guarantee that the Site software does not contain errors and/or computer viruses or extraneous code fragments. The Site Owner provides the User with the opportunity to use the Site software "as it is", without any guarantees from the Site Owner.
6.3. The Site Owner is not liable for damages caused to the User as a result of another User communicating false information, as well as caused by the actions (inactions) of another User. The Site Owner does not guarantee that the information contained in User Profiles is reliable and complete.
6.4. The Site Owner shall make every possible effort to ensure the normal operation of the Site, but shall not be liable for failure to fulfill or improper fulfillment of obligations under the Agreement, as well as possible losses that may arise, including but not limited to, as a result of:
– illegal actions of Users aimed at violating information security or the normal functioning of the Site;
– failures in the operation of the Site caused by errors in the code, computer viruses and other extraneous fragments of code in the Site software;
– absence (inability to establish, termination, etc.) of Internet connections between the User's server and the Site server;
– implementation by state and municipal authorities, as well as other organizations of measures within the framework of the Operational-Investigative Measures System;
– establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or establishment by the said entities of one-time restrictions that complicate or make impossible the execution of the Agreement;
– other cases related to the actions (inaction) of Users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment that existed at the time of the Agreement, as well as any other actions directed at the Site and third parties;
– performance of work specified in paragraphs 6.5 and 6.6 of this Agreement.
6.5. The Site Owner has the right to carry out preventive work in the software and hardware complex of the Site with a temporary suspension of the Site's operation, if possible, at night and minimizing the time of the Site's inoperability, notifying the User of this, if technically possible.
6.6. In the event of force majeure, as well as accidents or failures in the software and hardware systems of third parties cooperating with the Owner of the Site, or actions (inactions) of third parties aimed at suspending or terminating the functioning of the Site, the suspension of the Site may be possible without prior notice to the User.
6.7. The Site Owner shall not be liable for the User's violation of these Rules and reserves the right, at its own discretion, as well as upon receipt of information from other users or third parties about the User's violation of these Rules, to change (moderate) or delete any information published by the User that violates the prohibitions established by these Rules (including personal messages), suspend, restrict or terminate the User's access to all or any of the sections or services of the Site at any time for any reason or without explanation, with or without prior notice, without being liable for any harm that may be caused by such action. The Site Owner reserves the right to delete the User's Profile and (or) suspend, restrict or terminate the User's access to any of the Site's services if it discovers that, in its opinion, the User poses a threat to the Site and (or) its Users. The Site Owner shall not be liable for temporary blocking or deletion of information or deletion of the User's personal page (termination of registration) carried out in accordance with these Rules. Deletion of the User Profile means automatic deletion of all information posted on it, as well as all User information entered during registration on the Site. After deletion of the personal page, the User loses access rights to the Site.
6.8. Neither Party shall be liable for full or partial failure to fulfill any of its obligations if the failure is a consequence of circumstances such as flood, fire, earthquake, other natural disasters, war or military action and other force majeure circumstances that arose after the conclusion of the Agreement and are beyond the control of the Parties.

7. Dispute Resolution and Claim Settlement Procedure

7.1. In the event of disputes between the User and the Site Owner on issues related to the execution of the Agreement, the Parties shall take all measures to resolve them through negotiations between themselves. The claim procedure for dispute resolution is mandatory. Claims from Users regarding the Services provided are accepted and considered by the Site Owner only in writing and in the manner prescribed by this Agreement and the current legislation of the Russian Federation.
7.2. The following claim procedure shall be used to resolve disputes arising between the User and the Site Owner as a result of using the services. The User who believes that his/her rights have been violated due to the actions of the Site Owner shall send the latter a claim containing the essence of the presented demand, the justification for its presentation, as well as all the User's data. The claim shall also be sent to the Site Owner in writing by sending by mail or fax;
– within 5 (five) business days from the date of receipt of the claim, the Site Owner is obliged to state his/her position on the fundamental issues specified therein and send his/her response to the e-mail address or postal address specified in the User's claim;
– if the dispute cannot be resolved through the claim procedure, the dispute shall be considered in accordance with paragraph 7.4 of the Agreement;
– The Site Owner shall not consider anonymous claims or claims that do not allow the User to be identified based on the data provided by him/her during registration, or claims that do not contain the data specified in this paragraph of this Agreement.
7.3. In order to resolve technical issues when determining the User's guilt as a result of his illegal actions when using the Internet and the Site, in particular, the Site Owner has the right to independently involve competent organizations as experts. If the User's guilt is established, the latter is obliged to reimburse the costs of conducting the examination.
7.4. If the Parties fail to reach an agreement through negotiations, the dispute arising from this Agreement shall be subject to consideration in a court of general jurisdiction at the location of the Site Owner.

8. Other terms

8.1. This Agreement shall enter into force upon acceptance of this offer by the User and is concluded for an indefinite period.
8.2. This Agreement is an offer and, by virtue of the current civil legislation of the Russian Federation, the Owner of the Site has the right to revoke the offer in accordance with Article 436 of the Civil Code of the Russian Federation. In the event of revocation of this agreement by the Owner of the Site, this agreement is considered terminated from the moment of revocation. Revocation is carried out by posting the relevant information on the Site.
8.3. The provisions of this Agreement are established, amended and cancelled by the Owner of the Site unilaterally without prior notice. From the moment a new version of the Agreement is posted on the Site, the previous version is considered to have lost its force. In the event of a material change to the provisions of this Agreement, the Site Owner shall notify Users thereof by posting a corresponding message on the Site, if possible.
8.4. If the User does not agree with the terms of this Agreement, he/she must immediately delete his/her Profile from the Site or request that the Profile be deleted from the Site Owner, otherwise the User's continued use of the Site means that the User agrees with the terms of the Agreement.
8.5. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Russian Federation.