1. General provisions
1.1. Internet service "Dvoma" located at: http://www.dvoma.com (hereinafter - the "Project"), suggests to Internet user (hereinafter - the User) to use their services on the terms and conditions which are stipulated in this User Agreement (hereinafter – "UA"). Agreement shall enter into force upon the User's consent to the Agreement’s terms in the manner prescribed by article 1.3 of this UA.
1.2. The usage of Project services is regulated by present UA. Agreement may be amended by the Project administration without any special notice. The new edition of UA comes into force from the moment of its posting on the Internet, at the address specified in this paragraph, unless otherwise provided in the new version of the Agreement. The current edition of UA is always located on the page: http://dvoma.com/rules/
1.3. Starting to use a particular service and / or its separate functions, or passing the registration process, the User is considered to have accepted the conditions of UA in full without any reservations and exceptions. In case the User disagrees with any of provisions of UA, he has no right to use the services of the Project. If the Project administration has made any changes to UA, to which the User do not agree, in accordance with paragraph 1.2 of the Agreement the User shall stop using the Project services.
1.4. In connection with the above, please read this UA attentively, and if you do not agree with its rules or any other article of its conditions, the Project administration offers you to refuse the adoption of UA and usage the Project services
2. Terms
2.1.For the purposes of this UA, the terms which are listed below are used in the following meanings:
2.1.1. Internet network (hereinafter - the "Internet") - a worldwide global computer network of public access.
2.1.2. Internet resource - a set of integrated software, hardware and information intended for publication on the Internet and displayed in a particular text, graphics or sound forms. Internet resource is available to the Internet users, including through the URL.
2.1.3. Website - composite part of the Internet resource, which represents the HTML-document with material, codes and data placed on it. Including those, which come from loaded and special codes from external Internet resources. Can contain text, images and other elements.
2.1.4. User, visitor - person using / visiting the Internet resources via the Internet network.
2.1.5. Hyperlink - HTML-element in the document that provides the transition to any Internet resource
2.1.6. Content - any text, graphics and mixed materials that are conscious by pattern or can be interpreted in such a way by anyone.
2.1.7. Media Options - terms of placement, receiving, processing and transmission of the Content, namely: address and description of the web pages with the Content, description of the information materials located on the relevant web pages, the number and frequency of hits and / or duration (time) of the Content placement, other options of posting, storage and transmission of the Content which are not expressly described
2.2. The terms that are not defined in article 2 of this UA also may be used. In this case, the interpretation of the term is made in accordance with the text of this UA. In case of absence of an unambiguous interpretation of the term in the text of UA, the User should be guided by the interpretation of the term in the next order: primarily – on the Project website, secondary - prevailing in the Internet.
3. User Registration. User Account
3.1. To use the Project services or its some specific functions, the User must complete the registration process as a result of which he will have to create a unique account.
3.2. For registration, the User agrees to provide accurate and complete personal information on the matters specified in the registration form, and to keep this information up to date. If the User provides incorrect information or the Project administration has a reason to believe that the information provided is incomplete or incorrect, the Project administration has a right to block or delete the User account and disallow the User to use of the services without prior notice, financial compensation and appeal.
3.3. Project administration reserves the right at any time to require the User to confirm the data provided during registration, and request correspondent supporting documents (in particular - identity documents) . At the discretion of the Project, refusal to provide data can be likened to the publication of false information and entail the consequences stipulated in point 2.2 of UA. If the User’s data specified in the documents provided by him, does not correspond to the data specified at registration, as well as in the case when the information given during registration, does not identify the User, project administration may deny the User to access the account and use the Project services without prior notice, financial compensation and appeal.
3.4. During the registration process the User chooses the username (unique character account name) and password to access the account.
3.5. The Project administration is entitled to prohibit the use of certain usernames, as well as to set up the requirements for username and password (length, valid characters, etc.)
3.6. The user is solely responsible for the security of the selected password and solely ensures the privacy of the password.
3.7. The user is responsible for all activities and their impacts within the Project itself or using the Project services under the username, including cases of voluntary transfer of account details data to third parties under any conditions, including for agreements or arrangements.
3.8. All actions within or using the Project services under the user account considered to be made by the user, except the case when the user in the manner prescribed by UA notifies the Project administration of any unauthorized access to the Project services using his account and / or any violation (suspected abuse) of the privacy of the password.
3.9. User shall promptly notify the administration of any unauthorized access to the Project services using his account and / or any other breach (suspected abuse) of the privacy of the password.
3.10. For security reasons, the User is obliged to carry out a safe shutdown under his user account at the end of each session with the Project services.
3.11. The Project is not responsible for any data lost or corruption, as well as other consequences of any kind that may occur due to violation of the provisions of this part of the Agreement.
3.12. The User may not reproduce, repeat and copy, sell and resell and also use for any commercial purposes any parts of the Project services (including the Content available to the User via services) or access to them. Except for those cases when the User has received such approval by the Project administration or as expressly provided by UA.
3.13. The Project administration may block or delete user account, remove any Content without explanation, prior notice and material compensation. Including in the case of disuse of Project services, in particular: the account is not used for more than 180 days, for 30 days did not receive informational materials from the User, there have been no activity on the User’s media parameters within 30 days
3.14. The User may suspend his account at any time at all Project Services. The Project Administration deletes the user account in the following order, with or without preliminary account blocking for 30 days. During this period, access to the account is impossible. If during the period specified above user account will be restored, access to all data may be renewed in the same amount that existed at the time of blocking. If during the period specified above the User account will not be restored, the entire Content posted will be deleted, and the login will be available for use by other users. From this moment account recovery, any information relating thereto, as well as access to the Project services under this account name will be impossible.
3.15. The Project is entitled to send its users informational messages.
4. User’s content
4.1. The user is solely responsible for compliance of the content hosted by him to requirements of current legislation. Also included third-party liability in cases when user post spesific content which violates the rights and legitimate interests of third parties, including the moral rights of authors, other intellectual property rights of third parties, and / or infringes on intangible benefits belonging to them.
4.2. The User acknowledges and agrees that the Project is not required to review the content of any kind, posted and / or distributed through the Project services and that the Project has the right but not the obligation, in its sole discretion to refuse the User to post and / or distribute the content or remove any content that is available through the Project services. User acknowledges and agrees that he should independently evaluate all the risks associated with the use of the Content, including an evaluation of its reliability, completeness, or usefulness.
4.3. The User acknowledges and agrees that the technical processing of the Project services may require a copy (and playback) of the User’s Content and reworking the Content by the Project services to meet the technical requirements of certain services.
4.4. Administration is not responsible for the User ‘s content of and its compliance with legal requirements, copyright infringement, unauthorized use of trademarks, names of companies and their logos, as well as for possible violations of third parties rights in connection with the posting of certain content within the Project services.
4.5. In case of claims by third parties relating to the Content, the User is obliged to settle those claims on his own expense.
4.6. The User agrees that the Project administration has the right to place any promotional materials and information, including service messages on pages which contain User’s content.
4.7. The User has no right to post the content which includes advertising or propaganda, commercial offers or other materials on the Project services.
4.8. The User has no right to change the content, provided by the Project services, without prior permission of the administration.
4.9. The intentional generation of meaningless or deliberately misleading Content, including duplicate content, is prohibited.
4.10. Content should not violate the laws of honor and dignity, rights and lawful interests of third parties, incite religious, racial or ethnic hatred, contain attempts or calls for violence. Content should not propagate fascism and ideology of racial superiority , contain obscene or offensive information, advertising drugs , attempts to distribute drugs , recipes for their manufacture and directions for use, pornographic images and texts that contain scenes of pedo -, zoo - and necrophilia and other sexual perversion , violence , or inhumane treatment of animals, description of the means and methods of suicide, any incitement to commit it , violate the rights of minors, violate the copyright and related rights of third parties, materials and / or technical solutions, automatically, without the express prior consent of the user adding code to the user, or modify system settings, contain computer viruses or programs that may interrupt or disrupt the normal operation of computer hardware and software (including any links to or mention of such names ), as well as any means of telecommunication entities.
4.11. Administration has the right to refuse the User to post the content, and at administration discretion remove it for any reason, including the cases when content contradicts ethics and morals, and does not comply with the current legislation, contradicts the requirements of UA. The administration of the project is not obliged to notify the User of the reason for such denial or removal.
4.12. The administration has the right to delete or relocate any Content that does not correspond to the subject of the Internet resource.
4.13. The Project services may contain links to other Internet websites. These third parties and their content is not checked by the Project for compliance with any given requirements (accuracy, completeness, legality, etc.). The project is not responsible for any information, materials on third-party websites to which the user has access through the Project services, including, for any opinions or statements expressed on third party websites, advertisements, etc. The project is also not responsible for the availability of such websites or their content and consequences of their usage by the User.
4.14. Link (in any form) on any website, product, service, information, commercial or non-commercial matter, placed within the Project services is not an endorsement or recommendation of the products (services, activities) from the Project side. The exception case is when it is indicated so on the Project resources by the Project administration.
4.15. The Project has the right to change the cost of services, the provisions of UA and additions to UA without prior agreement with the User, while ensuring the publication of the changed conditions on the project website for at least one day prior to their entry into force.
5. Terms and Conditions of Services
5.1. The User automatically agrees to UA by registration, content posting, payments on the account balance, or when visiting the Project website.
5.2. After reviewing the list of services hosted on the Project website and agreeing to the terms of service, the User makes a request for service in electronic form by registering on the website.
5.3. The actions that aim to cheat with users ratings (simulation of activity, actions of the same person under different accounts, etc.) are forbidden. The administration reserves the right to remove the Content and lower overstated user ratings and suspend such accounts.
5.4. Based on online User enquiry the Project issues an invoice for services and the User must pay for it.
5.5. The User pays for the Project services, thus confirming the acceptance of UA.
5.6. The User is entitled to make payments on his own initiative. The application for the provision of services cannot be fulfilled by the Project before the payment comes.
5.7. After the User registration, payment or transfer of funds to the Project bank account, UA enters into force in its entirety.
5.8. The Project provides services to the User only in case he creates the appropriate account. Account (account registration) must contain the name and surname of the Customer, email address, valid phone with possibility to receive text messages and password.
5.9. Signup for an account is accomplished by filling in the registration form by the User. It is necessary to specify the original data in registration form.
5.10. If the User specifies a wrong data, he is obligated to apply to technical support in 2 days in order to fix the error.
5.11. In case of intentional false data indicated by the User, the Project Administration has the right to suspend the account without prior notice and without financial compensation.
5.12. The user is solely responsible for the privacy of the password. If the User reveals an unauthorized access to his account, he should promptly notify the Project support team and change the password to his account by his own.
5.13. The Project Administration may block the Customer’s account without financial compensation, in case he violates of the rules of UA.
6. Service cost and payment procedures
6.1. Payment services, which are provided to the User, are based on prepayment (advance payment in the amount of 100%)
6.2. Payment is made independently by the User by transferring funds to the Project account using online payment systems.
6.3. The User independently monitors the Project bank details specified in this Agreement and shall be responsible for the correctness of payments made by him.
6.4. Types of services and payment methods are indicated on the Project website.
6.5. This UA takes effect as an act of services acceptance. Acceptance is held without signing the relevant act.
6.6 The Project Administration reserves the right at its sole discretion to reject any Content provided by the User for posting at the website without commenting the reasons of rejection and without financial compensation.
6.7. The Project Administration reserves the exclusive right, without discussion, commenting and announcement of reasons for making special checks and "censorship" of the User Content without prior notice.
6.8. The Project Administration in the right to change the Content provided by the User in case of mistypes, errors, inaccuracies and / or other reasons without prior notice and material compensation.
6.9. The user is solely responsible for his own Content, namely for its reliability and relevance.
7. Rights and Obligations
7.1. The User is solely responsible to third parties for his actions, connected with the Service usage, which includes the cases, when those actions lead to infringement of rights and legal interests of third parties, including compliance with the Law, when using the Project services.
7.2. The Project is obliged in period of validity of current UA to render the services prepaid by user.
7.3. Maintain the privacy of the User’s information, except as required by applicable law.
7.4. The Project is committed to provide quality services. Take timely measures to prevent and regulate violations of service quality. Promptly inform the User about changes in the structure of services provided on the basis of current UA and the conditions of their provision.
7.5. The user is obliged to provide accurate personal information during the process of account creating on the website.
7.6. The User agrees not to replay, repeat, copy, sell, and do not use any purpose information and materials that have become available to him in connection with the provision of Information services, except for the personal use.
7.7. The user is required to maintain in good technical condition equipment and communication channels, which provide him an access to the Project, log into the Project website under personal account with only one PC at the same time.
7.8. The Project is not liable for failure to provide (or low quality providing) services, for reasons beyond his control.
7.9. All claims for the service quality shall be sent by the User to the address of the Project by filing Technical Support Online Form on http://www.dvoma.com by means of electronic communication.
7.10. The Project administration reviews the User’s claim (s) in duration of 30 (thirty) days (including claims containing claim for refund) from the day of receipt of claims against the project, after which the administration of the project should take one of the following decisions: 1) disagreement with the claim and the refusal to return funds, or 2) the consent of the claim and the claim for refund.
7.11. In case the Project decides to return the funds, unspent funds are returned to the User by converting them in payment systems WebMoney or PayPal (as agreed with the User). All refunds shall be fulfilled in case the User sends a special form application to the Project, which is sent to the user by email.
7.12. The Project Administration undertakes not to restrict the access of Internet users to the Project during the period of the placement and to make every effort to eliminate the errors, if they occur, as soon as possible.
7.13. In the case of longing a claim to the Project administration by third parties, with respect to the User’s action or content provided by the User, the User must show a proof, as well as other evidence proving copyright on the User Content posted on the Project website or the website resource with the Content system.
7. 14. The User may not assign or somehow transfer his rights hereunder this UA to the third party without the prior written consent of the Project administration.
7.15. When using the Project services the User may not:
7.15.1. download, send , transmit, or in any other way to post and / or distribute content that is unlawful , harmful, libelous, offensive to the morality, that shows (or is propagandize) violence and cruelty, violates intellectual property rights , promotes hatred and / or discrimination against people on racial, ethnic, sexual, religious or social grounds , contain insults to any persons or entities , contains elements (or propaganda) of pornography , child erotica , constitute an advertisement (or a promotion ) services of a sexual nature (including under the pretence other services ) , explains the procedure of manufacture or use of narcotic substances or their analogues , explosives or other weapons ;
7.15.2. violate the rights of third parties, including minors and / or cause harm in any form;
7.15.3. impersonate any person or representative of entity and / or the community without sufficient rights, including the Project staff, forum moderator, owner of another site, and apply any other forms and methods of illegal representation of others in the network, and also misinform other users or Project about properties and characteristics of any subjects or objects;
7.15.4. download, send, transmit, or in any other way to post and / or distribute content, with no rights to do so by law or any contractual relations;
7.15.5. download, send, transmit, or in any other way to post and / or distribute a special way not permitted advertisements, spam, lists of other persons e-mail addresses, "pyramid" schemes, a multi-level (network) marketing (MLM), internet income system and e-mail-businesses, chain letters, and use the Project services to participate in these activities, or to redirect users to pages in other domains;
7.15.6. download, send , transmit, or in any other way to post and / or distribute any material that contains viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access and serial numbers for commercial software products and programs for their generation, logins, passwords and other means to gain unauthorized access to the paid web sites on the Internet , as well as provide links to the information above;
7.15.7. collect and store personal data of other users;
7.15.8. disrupt the normal operation of websites and the Project services;
7.15.9. post links to web resources, whose content contradicts the current legislation;
7.15.10. promote actions that violate the restrictions and prohibitions imposed by the UA;
7.15.11. In any other matter violate the rules of law, including international law.
7.16. The project is entitled to suspend unilaterally the provision of services or to terminate the relationship with the User on the basis of current UA in case of violation of UA terms. In particular, if the User has not provided his Internet resource performance at the appropriate level and the ability to access through the appropriate link.
7.17. Temporarily suspend the services provision to the User due to technical, technological or other reasons, hindering the provision of services for the time of such reasons resolution.
7.18. Unilaterally terminate the posting of Content and graphic design which contradict the provisions of UA.
7.19. At its discretion, without the consent of the User, assign or in any other way transfer the rights under this UA to third parties. The User will be notified within ten (10) working days from the date of such assignment or other transfer.
7.20. Refuse to provide services to the User in case of violation of UA or other reasons without explanation and material compensation.
7.21. The user shall promptly, in accordance with the terms of UA, to pay the Project services. User is obliged to comply with all the requirements settled down in UA.
7.22. The User may use the Project services in accordance with the terms of UA.
7.23. The User is entitled to receive the necessary and accurate information about the Project and its services if the Project administration has time, ability and willingness to do so.
7.24. The User may submit views, suggestions and recommendations about the Project services to the Project administration in accordance with UA.
7.25. The project is entitled to provide services with the assistance of outside specialists.
8. Parties responsibilities
8.1. All objects that are available through the Project services, including design elements, text, graphics, illustrations, video, computer programs, databases, music, sounds and other items (hereinafter - the services content), and any content posted on the Project services, are subject to the exclusive rights of the Project, the Users and other rights holders.
8.2. Using the Content as well as any other elements of services is possible only within the functional proposed by any of the Project services. No part of the content of the Project services, and any content posted on the Project services, cannot be used otherwise without the prior permission of the copyright holder. Using is also understood as reproduction, copying, processing, distribution on any basis, display in a frame, etc. Except in the cases expressly provided by law or the terms of use of the Project services.
8.3. The usage of the elements of services content by the User, as well as any content for personal non-commercial use is permitted in case that all signs of copyright and related rights, trademarks, and other notices of authorship, such as saving the name (or nicknames) of the author / copyright holder unchanged, retaining the certain objects unchanged. Except in the cases expressly provided by law or the Project UA.
8.4. The Project shall not be liable for any failure to serve User, which is beyond the Project reasons, including disruption of vehicles, disease, war, natural disasters, departures and other reasons. For the services, failed because of the User, the payment, made by the User will not be returned.
8.5. The Project is not liable for damage caused to the User’s activity or persons represented by him, in the case of improper performance of the User’s obligations in accordance with the current UA, violations of the Project staff requests.
8.6. Making payments on the Project website the User agrees to the terms of UA and the fact that the User has no right to claim any compensation from the Project for moral, material damage or harm caused to the User as during the term of this UA, and after its expiry also, except for expressly provided by the law.
8.7. The User is responsible for damage or misuse of the equipment and property of the Project, including its Content in any form, except as expressly provided in the UA.
8.8. In any circumstances the Project do not accept any liability for any action and / or omissions that directly or indirectly resulted of actions / omissions of any third parties; any consequential damages and / or loss of the User profits and / or third parties, regardless of the fact whether the Project could foresee the possibility of such damages; use (inability to use), and any kind of the consequences of use (inability to use) of information obtained by the User from the Project
8.9. Without contradiction to the above, the Project is exempt from liability for breach of conditions of the UA, if such failure is caused by force majeure, including: actions of public authorities, fire, flood, earthquake, other natural actions, the lack of electricity, strikes, civil commotions, riots, wars, revolutions, or any other circumstances, without limitation, that may affect the implementation of UA by the Project.
8.10. UA, its execution and implementation is regulated in accordance with the applicable law.
8.11. In case of improper performance of UA, which resulted in adverse effects for the other party, responsibility comes under the applicable law.
8.12. All disputes shall be resolved through the negotiations between the User and the Project administration. If case disputes cannot be settled by negotiation, they are referred to the Commercial Court.
8.13. For the failure to perform or improper performance of obligations in accordance with UA, parties are liable under the applicable law.
8.14. The project shall not be liable for interruptions in access via the Internet to the Internet resource, if they were caused by objective circumstances relating to:
8.14.1. power outage lasting more than two (2) hours;
8.14.2. global disruptions of the Internet;
8.14.3. routing systems crash;
8.14.4. failures in a distributed system of domain names;
8.14.5. Break caused by attempts and / or unauthorized administration of Internet resources by third party or DDoS - attacks.
9. Operation procedures of the Project services
9.1. Operation procedures of the Project services is described on the Project website and other outside resources.
9.2. The Project administration is not obliged to conduct advocacy, and training the Users on all the features of the service
9.3. The User has the right to examine all the possibilities and limitations of the Project functions using appropriate materials on the Internet, while he agrees that such materials may contain inadequate information for which the Project is not responsible
10. Duration, prolongation, amendments and termination of AU
10.1. UA enters into force on the date specified in point 1.2 of the current UA, and is valid until the expiration of the current UA.
10.2. In case of non receipt of the application and timely payment for the services within the terms of UA, the Project is entitled to suspend the service. The Project resumes its services only after receipt of the next payment. In this case the User does not get the compensation for the period in which services were interrupted.
10.3. The Project reserves the right to amend the terms of UA or withdraw UA at any time at its discretion.
10.4. User acknowledges and agrees that changes in UA entails making these changes in an enclosed and operating UA between the Users and the Project. These changes in UA shall take effect simultaneously with the entry into force of such changes in UA.
10.5. The User may at any time unilaterally refuse from the Project services. In this case the User is obliged to notify the Project administration in 30 days prior to the date of UA termination.
10.6. In case of termination of the service delivery by the Project, in accordance with the current UA, the User will get back the unspent funds, after deduction of the Project compensation expenses equal to the amount of 50% of the balance in connection with the early termination of UA upon presentation of relevant financial documents by the User.
10.7. In case of violation of the current UA the funds are not refunded.
10.8. The pay-back period can take up to 50 days from the date of demand.
10.9 The Project reserves the right to refuse to provide services to Users without explanation.
11. Privacy
11.1. The Parties undertake not to transfer to third parties without mutual consent, or use in any other way, not stipulated by the terms of the contract, organizational, technological, commercial, financial and other information, which is a trade secret for any of the Parties, provided that:
11.1.1. such information has actual or potential commercial value because of its unknown to third parties;
11.1.2. access to such information is lawfully not free;
11.1.3. the holder of such information shall take appropriate measures to ensure its confidentiality.
11.2. The duration of confidential information protection determined by the Parties as at least 5 years from the date of UA expiry.
12. Other conditions
12.1. Any notice under the current UA terms may be sent by one Party to the other Party by email or through a personal account on the website http://www.dvoma.com.
12.2. UA constitutes the entire agreement between the User and the Project. The Project does not assume any conditions and obligations in respect of UA, except as expressly stated in UA, by which UA is regulated, except where such conditions or obligations recorded in writing and signed by authorized representatives of the Users and the Project.
12.3. If any of the terms in Annexes or additional agreements contradict the terms of UA, then UA terms will prevail.
12.4. The User enters UA voluntarily. By doing so the User:
12.4.1. fully acquainted with the conditions of UA,
12.4.2. fully understands the subject of UA,
12.4.3. fully understands the meaning and consequences of the actions in respect of the conclusion and execution of UA.
12.5. The User has all rights and powers necessary for the conclusion and execution of UA.
13. Parties details