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USER AGREEMENT

This User Agreement (herein after referred to as “the Agreement”) is a legal contract between the user, either an individual or a single entity (herein after referred to as “the User”), and the team of administrators and developers (herein after referred to as “the Company”) of the website www.magru.ru and its English version www.magru.net (herein after referred to as “the Website”) regarding the usage (including but not limited to uploading, publishing, sending, embedding, granting access to, etc – herein after referred to as “Publication”) of the photo, video, graphic files, documents and other content (herein after referred to as “the Content”) via the Website’s services including integrated software (herein after referred to as “the Software”) to the limits envisaged by the Agreement.

Under the Civil Code of the Russian Federation article 435 and article 437 p. 2 The Agreement constitutes a public Offer to a broad (unlimited) group of users of the Internet. The Offer under the Agreement is effective while the text version of the Agreement is available to all the users of the Website.

Registration

The User agrees that the Company in its sole discretion may without any notification block or delete the Profile of a User if the provided Login or Nickname is offensive or insulting.
Liabilities of the parties become effective when the User gets registered with the Website and accepts the terms of the Agreement by clicking the button “I accept” located under the text of the Agreement. Registration with the Website is the formal Accept of (absolute agreement with) the Offer or the Agreement.

User Conduct

By uploading and publishing Content the User understands, assents and warrants that:

(1) S/he has read and accepts the terms of the Agreement.

(2) S/he is older than 14 years old.

(3) The Content for publishing on the Website:
- is not offensive, malicious, faulty, defamatory, pornographic or intimidating the online community;
- does not promote racism, bigotry, violence, hatred or physical harm of any kind against any group or individual;
- does not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary rights;
- does not slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person;
- does not contain any viruses, adware, spyware, worms, or other malicious codes;
- does not include unsolicited offers, advertisements, proposals, or junk mail or spam for other Users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

(4) The User guarantees that the Content submitted to Publication does not violate the norms of the local or international law.

(5) The User guarantees that the usage of other Users' Content will comply with the norms of the local and international law (including but not limited to copyright and information protection)

(6) The User is solely responsible for maintaining the confidentiality of his/her account and password, and agrees to accept responsibility for all activities that occur under his/her account or password.

(7) The User will not impersonate any person or entity, falsely claim an affiliation with any person or entity.

(8) The User confirms that s/he will use the integrated Software in conformity with the terms of the Agreement and will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof.

Disclaimer of Warranties

TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW THE COMPANY DISCLAIMS ALL WARRANTIES, STATUTORY OR IMPLIED, OF MERCHANTABILITY OR FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE OF THE USER. UNDER NO CIRCUMSTANCES THE COMPANY WILL WARRANT THAT USER CONTENT WILL COMPLY WITH THE NORMS OF THE LOCAL OR INTERNATIONAL LAW, OR THAT IT WILL NOT INFRINGE OR VIOLATE THE RIGHTS OF THIRD PARTIES. THE COMPANY DISCLAIMS ANY LIABILITY RELATED TO DISTORTION, ALTERATION, OPTIC ILLUSION OR ANY OTHER SHIFT OR DAMAGE OF IMAGES, PHOTO OR VIDEO FILES UPLOADED BY THE USER TO THE WEBSITE, UNINTENDED OR NOT, EVEN IF IT CAUSES MOCKERY, DAMNATION OR CONTEMPT. THE COMPANY WILL NOT GUARANTEE THAT THE DATA, USER CONTENT OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE SERVICE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM THE USER’S USE OR THE USER’S INABILITY TO USE THE SERVICE.

Intellectual property

Under the terms of the Agreement, the Company grants a worldwide, non-exclusive, royalty-free license to use the Software from the time of the Accept of the Agreement as long as the User's Profile is effective. The User is solely responsible for the conformity of the Content to the norms of the local or international law. The User acknowledges that s\he is the creator of the Content unless otherwise provided. The User shall not submit to publication Content owned or copyrighted by other individuals. The User agrees that the Company in its own discretion without any prior notification may introduce changes into forms, formats and informational content of the Website and delete any Content published by the User. The Company reserves the right to block or delete any Content in its sole discretion if considers that the Content violates the terms of the Agreement, if it poses a threat to the security of the Website's Users or third parties' rights. By publishing Content the User expressly agrees to license the Company the right to convert the User's Content to Magru's proprietary format, to make copies to store and display and make the User's Publication available to the Website's Users. The User may delete the published Content in his\her sole discretion.

Personal information

The User agrees to grant to the Company all rights to keep, process and otherwise exploit the Personal information the User provides while registering a Profile.

User Liabilities

If the company detects a minor infringement of the terms of the Agreement, it may enforce the following system of penalties alongside with deletion of the Content constituting infringement:
(1) single non regular infringement – a notification;
(2) second infringement – second notification and blocking of the User's Profile; записи.
(3) third infringement – permanent blocking and deletion of the Profile, blocking of the IP address source of infringements.

In case of a grave violation or infringement of the terms of the Agreement by the User the Company may in its sole discretion delete the Profile of the User and send a notification to the e-mail provided at the time of registration. If the User commits a grave infringement or does it repeatedly (more than twice), the Company may block the User's access to the Website from the IP address – source of the infringer's Profile registration and Content publication. The Company will send a notification to the e-mail provided by the User at the time of registration. The User is solely responsible for the usage of the Services that is not envisaged by the Agreement. The User agrees to compensate for damages and losses caused by the User's malicious usage of the Website, the User's infringement of the terms of Agreement, the User's violation of the Company's exclusive rights for the Software and rights of third parties (including but not limited to copyright, patent, informational rights). The User acknowledges and agrees that the company collects the Users' information about IP address and that the party solely responsible for malicious acts violating copyright or third parties' rights is the User whose IP address was identified by the Company as the source of such acts. The User guarantees that s\he is the creator and owner of the Content or has the necessary licenses, rights, consents, and permissions to use the Content and authorizes the Company and the Website's Users to use and distribute the Content as necessary to exercise the licenses granted by User including but not limited to repost, import, public display or broadcasting. If the User considers that the Content uploaded to the Website violates rights of any parties, the User shall notify the company by sending an e-mail to alive@magru.ru.

Miscellaneous

The User can send requests, comments, questions and other information to the Company's e-mail at alive@magru.ru. The company does nor guarantee that all the questions, requests, suggestions or other information will be considered if sent to the Company by other means.

Все возникшие в связи с настоящим Пользовательским Соглашением претензии также в первую очередь направляются Пользователем Компании по указанной электронной почте (alive@magru.ru).

All the claims related to the terms of the Agreement shall be sent to the Company's e-mail alive@magru.ru. The Company shall consider a sent claim and provide an answer within ten (10) days to the corresponding e-mail. The company shall not consider unidentifiable or anonymous claims. If the User is determined to dispute the Company's position, the dispute adjustment procedure is to be held by a postal special delivery with a notification. If the parties do not arrive to a negotiated solution, the dispute is to be adjusted by means envisaged in the Agreement. The parties agree that all possible disputes related to the terms of the Agreement are to be adjusted in conformity with the norms of the local and international law at the company's location. The Company reserves the right to change, modify, add or remove portions of the Agreement in its sole discretion at any time. The latest English version of the Agreement is posted on www.magru.net/agreement (russian priority verssion www.magru.ru/agreement). The User's continued use of the Service after the posting of changes constitutes the User's binding acceptance of such changes.