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Legal Documentation myWidget USER AGREEMENT
USER AGREEMENT

User Agreement

This User agreement (hereinafter, the “Agreement”) governs relations between LLC Mail.Ru (registered at Moscow, Leningradskiy prospect, 39, bldg. 79), a legal entity established and existing in accordance with the legislation of the Netherlands, hereinafter referred to as the “Company”, and You, hereinafter referred to as the “User”, regarding the use of myWidget service (hereinafter, the “Service”), under the following terms and conditions:

1. Terms used in the Agreement

Service – the product belonging to the Company that provides the User the ability to make and suggest personal recommendations of the Content at the Site to the Visitors for browsing (hereinafter, the “Personal recommendations”).

Widget code – a script which the Company sends to the User after providing him/her access to the Service. The User installs the aforesaid script at the Site in accordance with the Company’s instructions for accepting of the Personal recommendations.

Content – textual, graphical and audiovisual materials placed at the Site.

Personal account – a private area of the Service in which the User specifies his/her personal data (registration data), arranges settings for receiving of the Personal recommendations, performs other actions provided for by the Service functionality. For entering the Personal account, unique username and password (Identification data) specified by the User during the registration procedure at the Service are used.

User – a person having the legal ability and legal capacity required for the execution of the Agreement and being a party hereof.

Visitor – any person that browses the Content placed at the User’s Site.

Site – the resource administered by the User (a web site, mobile version of a site, application) regarding which the User may receive Personal recommendations by using the Service.

2. Subject of the Agreement

Under the Agreement, the Company grants the User the right to use the Service with no charge under the terms and conditions and according to the procedure described in the Agreement, unless otherwise provided hereby.

3. Conditions and procedure of joining the Agreement and use of the Service

3.1. Before starting to use the Service the User shall read this Agreement. The updated version of the Agreement is available at: https://widget.my.com/. This Agreement shall constitute an integral part of the User Agreement published on the website at: https://help.mail.ru/mail-help/UA (hereinafter referred to as the ‘User Agreement’).

This Agreement contains special regulations for the use of the Service which govern the relationships between the Company and the User; it has direct effect and priority over the regulations contained in the User Agreement and other rules. If this Agreement contains no provisions which regulate certain issues related to the use of the Service the terms and conditions of the User Agreement shall be applied.

This Agreement and relationships between the Company and the User arising while using the Service shall be governed by the laws of the Russian Federation.

3.2. The Service may be used only if the User agrees to comply with the provisions of this Agreement, User Agreement, as well as the applicable laws of the Russian Federation (hereinafter referred to as the ‘Applicable Regulations’).

The placement of a request by the User on the website and/or receipt by the User of a Widget Code and/or placement of such Widget Code on the User’s website, and/or use of any functions of the Service are indicative of the User’s unconditional agreement with all the Applicable Regulations. The User undertakes to comply with the said regulations or cease to use the Service by deleting the Widget Code from the User’s Website.

3.3. Procedure of granting access to the Service for the User:

- the User submits application at the site: https://widget.my.com/;

- the Company considers the application within the reasonable time and makes decision to establish Personal account for the User or to deny it; reasons for denying of establishing the Personal account are set forth in clause 4.2. of the Agreement;

- the Company notifies the User of the decision by sending him/her email to the address specified in the application. If the Company makes the positive decision, the email sent to the User contains a link for the User to get to his/her Personal account;

- the User in the Personal account fills in the registration form and selects the necessary settings;

- The Company shall send to the User a Widget Code the instructions on the installation whereof are posted on the website at: https://widget.my.com/.

- The User installs the Widget code at the Site in accordance with the Company’s instructions.

4. Rights and liabilities of the Company

4.1. The Company carries out online management of the Service, at its discretion selects its structure, design, permits or restricts the Users’ access to the Service in case of violation of provisions hereof by such persons, and executes other rights belonging to it.

4.2. The Company is entitled to deny the User’s access to the Service, to restrict access to the Service or to refuse from provision of the Widget code for a separate User’s Site based on the following reasons:

- the registration data specified by the User in the Personal account are not valid;

- characteristics of the Site (its structure, content and its amount) prevent the Service from creation of the Personal recommendations. Such sites include (but not limited to) any sites without updatable textual content feed (static sites, internet shops, etc.);

- violation of the terms and conditions hereof by the User;

- in case of non-conformance of the Site subjects to the Company policy;

- in other cases.

4.3. The Company is entitled to place advertisement materials at the User’s site subject to the User’s request.

4.4. The Company is entitled to perform dispatch of the messages to the Users (including emails) representing notifications about establishing of new functions of the Service or cancellation of the old ones, and also containing advertising information about the Service functions.

4.5. The Company, with the purpose of collection of statistical data and identification of the Users, is entitled to establish and record information about access IP addresses of the Users and the Visitors of the Service, to use technical information files (cookies) placed at the personal computers of the Users and the Visitors.

4.6. The Company is entitled to make comments to the Users, to warn, to notify, to inform them of non-observance of the present Agreement. The Company’s instructions regarding the using of the Service addressed to the User are binding for the User.

4.7. The Company is entitled at any time without notification to the User and without assigning any reasons to suspend access and opportunity to use the Service without an obligation to repay any expenses or loss, including in case of any, inter alia, single violation of the terms and conditions hereof by the User, unless otherwise specifically provided by the applicable law.

4.8. The Company undertakes:

- under the terms and conditions set forth in the present Agreement, to grant to the User the right for use the Service;

- to render within reasonable time technical and information assistance to the User necessary for obtaining access to the Service and its further use.

4.9. The Company grants no warranty regarding the User’s Site conformance to the criteria sufficient for normal operation of the Service and provision of the Personal recommendations. The Company does not guarantee accuracy of the Personal recommendations nor it guarantees that the Personal recommendations formed due to the functioning of the Service will completely or partially coincide with the personal recommendations received while using other similar services or will conform to the Users’ expectations.

4.10. The Company provides no guarantees regarding the absence of interruptions of the Service operations connected with the technical failures, performing scheduled maintenance, etc., however, it makes commercially reasoned efforts to ensure functioning of the Service 24 hours a day. The Company provides no guarantees that the Service or any elements thereof will function at any certain time in the future nor that they will not cease their operation.

4.11. The Company provides no guarantees that the Service or any elements thereof will fit any certain purposes of their use. The Company cannot guarantee and does not promise any specific results from the use of the Service or any elements thereof. The Service, including all the scripts, separate elements and design of the Service, are provided on “as is” basis.

4.12. The Company is not responsible for and does not reimburse any damage, direct or indirect, caused to the Service user or the third parties as a result of the use or impossibility to use the Service, as well as due to the use or impossibility to use the Personal recommendations received using the Service, unless otherwise is provided by the applicable law.

5. Rights and liabilities of the User

5.1. The User is entitled to use the Service with no charge to make the Personal recommendations, subject to observing the rules and terms and conditions provided herein.

5.2. The User is not entitled:

- To reproduce, distribute, process any elements of the Service for commercial or non-commercial purposes without the Company’s permit for performing of such actions;

- To reproduce the elements of design or user interface of the Service in creation of web sites or in any commercial activity in the Internet or beyond it;

- To transfer to the third parties in any way the rights for using the Service previously granted to the User;

- To violate the Service use rules set forth in the present Agreement;

- To perform any actions which, according to the Company’s opinion, can impair the Company’s activity and interests.

5.3. The User undertakes:

- To observe terms and conditions of the Agreement or to cease use of the Service;

- To watch all the changes which the Company makes to the Agreement; current version of the Agreement is available at the address: https://widget.my.com/;

- To specify valid registration data in the Personal account;

- To ensure safety of the data required for the access to the Personal account (login, password). The User is not entitled to transfer his/her identification data to other persons. All the actions performed at the Service using the data belonging to the User are considered as performed by the User;

- To receive from the Site Visitors the consent for transfer and processing by third parties of the information available for the User in connection with its use by his/her Site Visitors.

5.4. The User is personally liable before third parties for his/her actions while using the Service, including for their observance of legal requirements and the absence of violation of the rules and legal interests of the third parties. The user undertakes by him/herself and his/herself account to settle all the third parties’ claims connected with the actions of the User while using the Service.

6. The Agreement territory and validity period. Amendment and termination of the Agreement

6.1. The User is entitled to use his/her Service in the entire territory of the Russian Federation, and also in other territories at which it is available, using all the standard hardware and software.

6.2. The Agreement is terminated in the following cases:

6.2.1 The user makes decision to cease use of the Service having sent the respective notification to the Company;

6.2.2. The Company makes decision to terminate the Agreement unilaterally under extrajudicial procedure with immediate cancellation of the access and opportunity to use the Service without reimbursement of any expenses of loss, unless otherwise is provided by the applicable law. In particular, the Company may make such decision in the following case:

- termination of the Service;

- any, inter alia, single violation of the terms and conditions of the Agreement by the User.

6.3. The Agreement may be amended by the Company without any prior notification. Any amendments to the Agreement made by the Company unilaterally take effect on the day following the day of publishing of such amendments at the address: https://widget.my.com/. The User undertakes to check the Agreement for any amendments by him/herself. The User’s failure to perform familiarization with the Agreement and/or it amended version cannot be a reason for the User’s non-performance of his/her liabilities provided for by the Agreement.

6.4. The Agreement is considered amended if the Company has made any amendments to its terms and conditions and the user continues using the Service.

7. Final provisions

7.1. Invalidity of one or several provisions of the Agreement acknowledged in due order due to judgement of the court that has taken effect, does not cause invalidity of the entire Agreement for the parties. In case of acknowledgement of one or several provisions of the Agreement as invalid in due order, the parties undertake to fulfil the liabilities accepted under the Agreement in the way as close as possible to the ones implied by the Parties in making and/or agreed amendment of the Agreement.

7.2. The Agreement and relations of the Parties in connection herewith and use of the Service are governed by the legislation of the Russian Federation.

7.3. Regarding the form and method of making the Agreement, regulations of the Civil Code of the Russian Federation (CC RF) are applied that govern the procedure and conditions of making agreements by means of a public offer acceptance.

7.4. All the disputes between the parties regarding the Agreement are to be resolved by way of correspondence and negotiations using mandatory out-of-court (pre-action) procedure. In case of impossibility to come to any agreement between the parties by means of negotiations within sixty (60) calendar days after receiving of a written claim by the other party, the dispute should be submitted by any interested Party to a court at its location, unless otherwise is provided by the applicable law.

7.5. Regarding to issues related to the execution of the Agreement, please contact us at the address support@widget.my.com.