Terms and Conditions
- 1. General Terms and Conditions
- 1.1. Our platform is a set of APIs, SDKs, tools, plugins, software code, technologies, content and services (hereinafter the “Platform”). The Platform is supported by «Oysteq» LLCor one of its operators/agents (hereinafter “Company” or “we”). Under theseTerms and Conditions, we shall provide you with access to the Platform, and you shall use it in strict compliance with the terms and conditions described below.
- 1.2. You are reading the Terms and Conditions (hereinafter the “Terms”) that shall govern the relations between you and us and set out the terms and conditions upon which you may access and use the Platform, our websites, services, applications, products and content (hereinafter jointly the “Services”). For the purposes of theseTerms, the words “you”, “your” and the “User” shall mean you as a user of the services.
1.3. Relations associated with the collection, recording, systematization, accumulation, storage, clarification, extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data, carried out using automation tools and without using such means, as well as with the protection of Information about the Users of the Platform, are governed by this Policy and the Agreement, as well as by the current applicable law.
If you access or use the services on behalf ofa company, (a) “you” and “your” shall mean a company, (b) you warrant that you are an authorized representative of the company or a person authorized by the company to accept these Terms and to consent to these terms and conditions on its behalf, and (c) your business or the company is legally and financially liable for accessing or using our services and for accessing or using your account by any other persons related to your company, including employees, agents or contractors.
After filling in the required fields and reading these Terms, you should accept these Termsby clicking the “Sign Up” or a similar button which shall be the acceptance of our offer and the entry into the contract that shall entail your obligation to comply with the terms of the Agreement
Actual use of the Platform without signing up an account, in the form and to the extent available without signing up, shall be an acceptance of these Terms as well.
- 1.3. By signing up for the Platform, you acknowledge that you are of the eligible age for signing up in accordance with the domestic law of the county you use the Platform from and/or have obtained all necessary consents (for example, of your parents) in all respects in compliance with the mentioned national legislation. Otherwise, signing up for the Platform and its use are prohibited.
- 1.5. If you fail to comply with these Terms, or any other applicable terms and conditions, we may suspend or terminate your account as described below.
Your continued access to or use of the Services after the date of the new terms and conditions shall constitute your acceptance of them. If you do not agree to a new version of the Agreement or other terms and conditions or rules, you must stop using our Services/Platform
- 2. Terms and Conditions of Use
- 2.1. Your Account
2.1.1. Signing up an Account
188.8.131.52. In order to access or use some of our services, you shall create an account (profile). When creating this account, you should provide accurate and up-to-date information. It is important that you timely update your data and any other information you provide to us to keep it up-to-date and complete.
184.108.40.206. You will need to provide your mobile phone, where the authorization code will be sent. You may add other information on the Platform, such as a profile name. You hereby agree to receive messages to your specified mobile phone number or a phone call for the purpose of confirming the number and your subsequent logging intoyour account pursuant to the applicable law.
220.127.116.11. The Platform registration form may request additional User information.
18.104.22.168.1. You agree that you shall be solely liable for any actions that are taken under your account. We shall not be liable if your account is hacked and your rights are violated. All actions taken by the User via phone or e-mail shall be deemed to be taken by the User. However, do not hesitate to contact our support team for help at firstname.lastname@example.org.
22.214.171.124. After signing up your account, you shall have the right to fill in your account (fill in your profile) and other elements of the Platform with the Content, to add other materials in accordance with the provided functionality and to use other functions that are provided by Us when the Platform is used, provided that these Terms and other applicable terms and conditions or rules are complied with. By filling in the Profile, the User is aware and hereby confirms that it makes the following information available to other Users of the Platform (including unauthorized ones):
- User’s name (nickname) displayed on the Platform;
- Additional information on himself/herself, which composition he/she shall determine independently;
- Information on the geographical location of shooting the Content.
126.96.36.199.1. You shall independently determine the terms and conditions and provide access to your personal data to the general public, including by signing up and using the standard functionality of the Platform. We shall not initiate or influence your choice, disseminate your data on our own and purport to obtain your permission to disseminate your personal data.
- 3. Platform Rules
- You can use all the functionality of the Platform available to your age group.
3.1. The Company’s primary goals in using your information are to create your account, provide Services to you, troubleshoot, improve and optimize our Services, contact you, conduct research and create reports for internal use. We use information collected through our Service for purposes described in this Policy or disclosed to you in connection with our Service. For example, we may use your information to:
3.2 On the Platform, it is prohibited to:
- Register as a User on behalf of or instead of another person (“fake account”);
- Mislead Users about your identity using the phone or email of another registered User;
- Distort information about yourself, your age or your relationships with other persons or organizations;
- Upload, store, publish, distribute and provide access or otherwise use any information that:
- contains threats, discredits, offends, denigrates the honor and dignity or business reputation of other Users or third parties, or violates their privacy;
- violates the rights of minors;
- is vulgar or obscene, contains pornographic images and texts or scenes of a sexual nature involving minors;
- contains scenes of inhuman, cruel treatment of animals;
- contains a description of the means and methods of suicide, any incitement to commit it or encouragement to commit it;
- advocates for and / or promotes incitement of racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;
- contains extremist materials;
- promotes criminal activity or contains tips, instructions or guidelines for committing criminal acts, contains information of limited access, including state and commercial secrets, information about the private life of third parties, but not limited to the above;
- contains advertisements for narcotic substances or describes the attractiveness of their use, 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 how to use them, as well as ways, methods of development, manufacture and use of narcotic drugs, psychotropic substances and their precursors, new potentially dangerous psychoactive substances, places of their acquisition, methods and places of cultivation of narcotic plants;
- is fraudulent;
- also violates other rights and interests of citizens and legal entities or the requirements of the applicable domestic laws;
- Unlawfully use the intellectual property of any third parties;
- Increase the number of Likes, comments, subscribers, and other entities using automated and / or paid systems (“fake engagement”);
- Use the software and take actions aimed at disrupting the normal functioning of the Platform as well as emulate, decompile, disassemble, decrypt, modify and perform other similar actions with the Platform or delete / replace the copyright of the Copyright Holder;
- Try to gain access to the account of another User in any way, including, but without limitation, by deception, abuse of trust and hacking;
- Unlawfully collect and process personal data of other persons;
- Incite conflict situations, make calls for violation of the Agreement, Terms and Conditions of Use and requirements of applicable legislation;
- Carry out illegal activities related to the organization of gambling;
- Post information containing offers for remote retail sale of alcoholic beverages, and (or) alcohol-containing food products, and (or) ethyl alcohol, and (or) alcohol-containing non-food products, retail sale of which is limited or prohibited by legislation on state regulation of production and turnover ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products;
- Post information aimed at persuading or otherwise involving minors in committing illegal actions that pose a threat to their life and (or) health or to the life and (or) health of other persons;
- Post information expressed in an indecent form that offends human dignity and public morality, contains clear disrespect for society, the state, official state symbols, constitutional law or bodies exercising state power in countries which the Platform is used from;
- Post information containing calls for mass riots, the implementation of extremist activities, participation in mass (public) events held in violation of the established procedure, unreliable socially significant information disseminated under the guise of reliable messages that create the threat of harm to life and (or) health citizens, property, the threat of mass violation of public order and (or) public safety or the threat of interfering with the functioning or termination of the functioning of life support facilities, transport or social infrastructure, credit organizations, energy, industry or communications facilities, as well as information materials of a foreign or international non-governmental organization, whose activities are recognized as undesirable on the territory of the country you use the Platform from, and information allowing access to the specified information or materials.
- 4. Financing our Platform. Our Fee.
- 4.1. You will pay for the use of the Platform by means of subscription.
- 5. Granting License Rights to the Platform
- 5.1 We respect intellectual property rights and ask you to do the same. Your access to and use of the Services shall be conditional upon your consent not to use the Services for the purpose of infringing any intellectual property rights. We reserve the right to block access to the Platform/Services and/or to delete the account of any User that infringes or allegedly infringes any copyright or other intellectual property rights, without a notice, at any time and at our sole discretion.
- 5.2. Granting you License Rights to Use the Platform. Provided that you comply with these Terms and all other applicable terms and conditions or rules, we shall grant you a limited, non-exclusive license, without the right to sublicense (and without the right to transfer and to assign access to the Platform) to use the Platform and to integrate with it, but only to the extent permitted by these Terms and all other applicable terms and conditions or rules. You will not sell, transfer or sublicense the rights to the Platform to any other persons. Unless these Terms explicitly grants you a license to do so, you will not use, access, integrate, modify, translate, reverse engineer or otherwise operate the Platform or any its element or create any derivative works.
- 5.3 Us shall carry out the day-to-day management of the Platform, determine its structure and appearance, allow or restrict your access in case the provisions of these Terms are violated and exercise any other rights that it has. The User agrees that we shall have the right to use the functional and technical capabilities of the software (audio/video players and editors) that ensure the display of the Content posted on the Platform, at our sole discretion, including for the purpose of displaying advertisements.
- 5.4 As regards enabling interaction among the Users, and, specifically, enabling the Users to independently take certain actions on the Platform, Us shall act exclusively as the person that provides the technological capability for such interaction with the use of the Platform. Any information, graphics and other materials provided by the Users shall be transferred and stored in the context of such interaction and access to them shall be provided via the Internet and the Platform software without such materials being changed or their content being affected by Us.
- 5.5. We shall have the right to:
5.5.1 At any time, change the Platform design and user interface, its content, the content of the provided functions of the Platform, modify or supplement the scripts, software and other items used or stored on the Platform, with or without notification of the User.
5.5.2 We reserve the right to temporarily or permanently disable the User’s account at any time, including if you fail to comply with any of the provisions of these Terms, the Terms and Conditions of Use or other applicable rules, terms and conditions, or if we believe that any actions taken from your account cause or may cause damage to or deteriorate the quality of the services, or may prejudice or infringe the rights of any third parties, or violate any laws or regulations, of which we will notify you within a reasonable time.
5.5.3 We reserve the right to delete or to disable access to the Content at our sole discretion for any reason at any time and without a prior notice.
5.5.4 We reserve the right to cut, crop, edit your Content or to refuse to post your Content at our sole discretion. We shall have the right to prohibit, block or delete any publication that you post on the Platform services if we believe that your publication does not comply with these Terms, the Terms and Conditions of Use and other terms and conditions or rules or applicable law, causes or may cause damage to or deteriorate the quality of the services or may prejudice or infringe the rights of any third parties, at our sole discretion.
5.5.5 WE RESERVE THE RIGHT TO BLOCK YOUR ACCOUNT, AMONG OTHER THINGS, IF YOU:
188.8.131.52. Use swear words, insults in your Comments to the Content.
184.108.40.206 We receive complaints about you (rudeness, offensive behavior, inadequate communication).
220.127.116.11 You have violated these Terms or any legally binding agreements with us.
- 5.5.6 You acknowledge and agree that we may stop granting you the license rights to the Platform described in this section at any time for or without a reason.
- 6. License Grant of Third-Party Services
- 6.1. NO RIGHTS SHALL BE LICENSED TO ANY SOUND RECORDS AND PIECES OF MUSIC CONTAINED IN THEM THAT ARE AVAILABLE THROUGH THE PLATFORM.
- 7. Content
- 7.1. We do not seek ownership of your Content, but you shall grant us a license to use it. Your rights to your Content shall be unchanged. We do not claim ownership of your Content that you post to or through the Platform. You hereby grant us a non-exclusive, royalty-free, worldwide license with the right to transfer and to sublicense to store, use, distribute, modify, launch, copy, publicly perform or display, translate your Content and create derivative works on its basis. The license shall expire when your Content is deleted from our systems unless otherwise is required by applicable law. You may delete the Content separately or as a whole by deleting your account (to delete some Content, you should write to the support service, and the Content will be deleted within two (2) weeks after contacting).
- 8. Platform Arbitration
- If any disputes arise among the Users under the Agreement, they shall be resolved by the Us. The Users agree that the We shall have the right to take any necessary steps by results of considering a disputable situation. Our decision shall be final and not subject to appeal.
- 9. Warranties and Liability
- 9.1. Your Warranties and Liability
9.1.1 You warrant that you have all powers and capacity required to enter intothese Terms and other rules, terms and conditions and shall be liable for assessing the accuracy, completeness and fitness of all opinions, estimates, services and other information, quality and functions of the goods provided through the Platform.
9.1.2 You may not transfer your rights or obligations under these Terms without our consent.
9.1.3 You shall be personally liable for any Content or other information that you post on the Platform or otherwise communicate to the general public on or through the Platform. You undertake to independently settle claims of any third parties that are related to inappropriate posting of the Content and information on the Platform.
9.1.4 To the extent permitted by law, in case of any dispute that results from your use of our Services between you and any third parties, for example, including, but not limited to, any communications provider, copyright holder or other Users, that arises directly between you and such third parties, you shall irrevocably hold harmless and indemnify us and our partners against any complaints, claims and damages (actual and subsequent) of any kind and nature, whether or not known, arising in any way and related to such disputes.
9.2 Our Warranties and Liability
9.2.1 We shall have the right to assign our rights and obligations to other persons. For example, this may occur in the event of a change of ownership (due to merger, acquisition or sale of assets) or by virtue of law.
9.2.2 The Platform shall be provided “as is”, we make no warranties that:
- The Platform will operate continuously and will be free from technical errors;
- The Platform will meet all your expectations or requirements.
9.2.3 We shall not control any statements and actions of people and other persons and shall not be liable for their (or your) actions and conduct (on and off the Internet) or the Content (including unlawful or objectionable one). Furthermore, we shall not be liable for the services and functions offered by other people or companies, even if you access them through our Platform.
9.2.4. We shall not participate in generating the content of your account and the Content, control your actions, shall not censor and are not technically able to automatically censor information in the open sections of the Platform and in your account. Due to the specific features of the Platform functioning, we shall not moderate and are not technically able to preliminarily moderate any information and Content posted by you and shall not be liable for its content.
9.2.5.We shall not bear any liability for any content presented and posted by the Users and/or authorized third parties.
9.2.6. In the event of troubles with our Platform, we are unable to forecast all of their implications. You agree that we will not be liable for any lost profits or income, lost information or data or for any indirect, punitive or incidental damages arising out of or in connection with these Terms, even if we were aware that such damages could be incurred. This provision shall apply as well to our deletion of your Content, information or account, loss of business, goodwill or business opportunities or business interruption. Any other losses will be limited to the amount you paid to Us during the past 12 months.
- 10. Special Conditions
- 10.1. OurLogo. The User has been notified of and agrees that when images and videos are posted, each of such images or videos may be provided with the Our logo that is due to the Platform functionality.
10.2. Applicable Law and Jurisdiction. These Terms, its subject matter and content shall be governed by English common law. All disputes between the parties to these Terms shall be resolved through correspondence and negotiations in the course of compulsory pre-court dispute settlement procedure (pre-action protocols). If the parties cannot reach an agreement through negotiations within sixty (60) days from the date the other party receives a written claim, the dispute shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce(the jurisdiction over the case of any other courts shall be ruled out unless otherwise is stipulated by domestic laws)The seat of arbitration shall be the location of any of Us companies. The language to be used in the arbitral proceedings shall English.
10.3. Entire Agreement. These Terms (including all rules, terms and conditions) shall constitute the entire legal agreement between you and Us, govern your use of the Services and supersede in full any prior agreements between you and Us in relation to our Services.
10.4. Age Limit. The Services shall be provided solely to persons aged 16 and over except where other age limits are required by legislation of the countries you use the Platform from (higher limits). By using the services, you confirm that you are over the respective age specified in these Terms. If we become aware that someone under the respective age specified above uses the Services, we will terminate that User’s account.
10.5. Waiver. Our failure to enforce any provision of these Terms shall not be construed as a waiver of such provision or right.
10.6. Safety. We do not warrant that our Services will be safe or free from any bugs or viruses. You shall be liable for configuring your information systems, computer programs and the Platform to access our Services. You must use your own anti-virus software.
10.7. Partial Invalidity. If a court having jurisdiction to rule on this matter determines that any provision of these Terms is invalid, such provision will be deleted from the Agreement without affecting the remaining part of these Terms and other provisions will remain valid and enforceable.
Any notices may be sent by one party to the other party:
- By e-mail to the e-mail address of the User specified by him/her when signing up or to the e-mail address email@example.com;
- In the form of a message to the User’s mobile phone number: by the User’s phone number specified by him/her when signing up;
- To the Notifications section of the User’s personal profile on the Platform.
- 11. Additional Terms and Conditions—App Stores
- To the extent permitted by applicable law, the following additional terms and conditions shall apply when accessing the Platform through certain devices.
- 11.1. Apple Products Note. By downloading our Platform to devices manufactured by Apple, Inc. (hereinafter “Apple”) or from the Apple AppStore, you acknowledge and agree that:
- These Terms shall be valid between Us and you; Apple shall not be a party to these Terms;
- License granted to you under these Terms shall be limited to your personal, limited, non-exclusive, non-transferable right to install the Platform on Apple devices that you own or control for your personal, non-commercial use in accordance with the Terms and Conditions of Use set out in the terms and conditions of Apple AppStore services;
- Apple shall not be liable for the Platform or its content and is not obliged to provide any services for maintaining or supporting the Platform;
- To the fullest extent permitted by applicable law, Apple will have no other warranty obligations with respect to the Platform;
- Apple shall not be liable for any claims of yours or of any third parties that relate to the Platform, your possession or use of the Platform, including, without limitation, (a) claims related to the product quality; (b) any claims to the effect that the Platform does not comply with all applicable laws and regulatory requirements; and (c) claims arising from consumer rights protection or from applying similar legislation;
- If any third party alleges that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple shall not be liable for investigating, defending, settling, or rejecting such intellectual property infringement claim.
- 11.2. Google Play App Store. By downloading the Platform from the Google Play App Store operated by Google, Inc. or one of its affiliates (hereinafter “Google”), you acknowledge and agree that:
- In the event of a conflict between (a) the Google Play Terms and Conditions, the Google Play Business and Program Policy or any other agreements that Google determines by default as the end-user license of the Google Play App Store (jointly referred to as the “Google Play Agreements”), and (b) other terms and provisions of these Terms, the Google Play Agreements will apply to the use of the Platform that you downloaded from Google Play; and
- Google shall not assume any liability or obligations whatsoever arising out of Ours or your (or any other User’s) compliance or failure to comply with these Terms or the Google Play Agreements.
- 12. Account deletion at the User’s discretion
- 12.1. The User reserves the right to delete his/her account at any time.
- 12.2. If the User chooses to restore the account, the User may submit a recovery request at the User’s Profile within 30 calendar days after the account has been deleted. On the 30 days’ expiry the User’s account is deleted without the option of recovery.