1.1. The present User Agreement (hereafter 'the Agreement') governs the use of the Mixy mobile app (hereafter 'the App') as well as the rights and obligations of the Administration and the Users.
1.2. The Agreement is concluded between LLC Loveplanet (OGRN 1067761685100, 117393 Moscow, Profsoyuznaya St, No. 78, unit 1) (heretofore and hereinafter "the Administration") and a natural person who meets the terms of the Agreement (heretofore and hereinafter "the User"). The terms of the present Agreement are regarded by the Administration as constituting a public offer in accordance with Article 437 of the Civil Code of the Russian Federation. The User's installation of the App onto their mobile device signifies the User's full and unconditional acceptance of the present Agreement, in accordance with Article 438 of the Civil Code of the Russian Federation.
1.3. The Agreement may be altered by the Administration without specially informing the User. The new edition of the Agreement comes into force from the moment it is posted on the website of the Administration at https://Mixyapp.me/terms. The current edition of the Agreement is always located in the Profile section of the App. The Administration advises users to check regularly for changes to the current edition of the Agreement. The User's continuing to use the Site after any changes are made to this Agreement signifies the User's acceptance of and agreement to such changes.
2.1.1. To begin using the App, the User must first download and install the App onto their mobile device. The User can download the App from an Internet resource distributing mobile applications compatible with an operating system (hereafter 'OS') of the User's mobile device (for example, Google Play for Android based devices, Apple iTunes for iOS based devices). The OS versions compatible with the App are listed on the App page of the mobile applications store.
2.1.2. A natural person who has reached the age of 18 years, and who also meets the requirements of current Russian Federation law to be able to conclude the present Agreement, may become a User of the App.
2.1.3. The full functionality of the App is only available when the mobile device is connected to the Internet.
2.1.4. The User is not required to enter any personal data into the App interface to begin using the App. At his own discretion, the User may enter his name, sex, and date of birth into the Profile section of the App interface, and supply a photograph.
2.1.5. The installed App uses the inbuilt AppsFlyer analytics SDK (or another analogous product) to gain access to data from the User's mobile device: device model, OS version, device IDFA, device language, IP, geographical region, etc. The installed App gains access to the mobile device's geolocation (can work in background mode) and the mobile device's camera, and has the ability to show heads-up notifications.
2.2.1. After the installation of the App the User acquires the right to post information independently on his personal page within the App, for personal and non-commercial purposes, in a way that is established by the functioning of the App; to interact with other Users; to make proper use of other functionality provided by the App, in accordance with the present Agreement and Russian Federation law. The Administration bears no responsibility for information posted by the User to his personal page, and does not restrict other Users' access to the said information.
2.2.2. The User may use all the services available in the App. The services may be either paid or free. The services may be offered by the Administration or other companies and sole proprietors (hereafter 'Partners'). The Administration has the right to expand, contract, or alter the list of both paid and free Services at any time. Special rules and terms for the use of particular services may be set out on the corresponding pages of the App's interface. From the moment such rules and terms are posted to the Site they become an integral part of the Agreement. The User undertakes to familiarize himself carefully in advance with the rules and terms for using services.
2.2.3. The App may contain links to other sites on the Internet (third-party sites) and also articles, photographs, illustrations, graphical images, music, sound, video, information, apps, programs, and other Content belonging to or originating from third parties (third-party Content) which constitute results of intellectual activity and are protected under Russian Federation law. The Administration does not monitor the above mentioned third parties and their Content for compliance with any of the rules or requirements (accuracy, consistency etc.). The Administration bears no responsibility for information contained on third-party sites accessed by the User via the App or through third-party Content, including any views or opinions expressed on third-party sites or in third-party Content.
2.2.4. Links or instructions on downloading files or installing applications that may be posted via the App do not signify the Administrations support or approval of doing so. Links posted via the App to any site, product, service, or commercial or non-commercial information do not constitute approval or recommendation of such products (services) on the part of the Administration. If the User decides to navigate to a third-party site, or to install third-party programs, he does so at his own risk and from that moment the terms of the present Agreement no longer apply to the User.
2.2.5. The Administration bears no responsibility for services (goods) offered to the User via the App's interface by third parties.
2.3.1. The App may offer the User paid services. Payment for services is made using payment instruments in the mobile app stores from which the User downloaded the App. The Administration places information about the functionality, prices, and terms of use for paid services on the App page in the mobile app stores and on the purchase screen of the App's own interface.
2.3.2. Payment is made by identifying the User through a unique account registered with a mobile app store. Processing of payments is carried out directly by the mobile app store management, in accordance with the terms of the user agreement presented on the mobile app store site. Therefore, for all queries relating to paying for App services, returning a service that has been paid for, refunds, etc., the User should apply directly to the management of the corresponding mobile app store (by way of, for instance, Apple iTunes Store support at support.apple.com/ru-en or Google Play store support at support.google.com/googleplay ).
3.1. When using the App, the User is obliged to observe the provisions of current Russian Federation law and of the present Agreement.
3.2. The User does not have the right to post any information, data, text, images, photographs, graphics, music, or other materials (hereinafter "Content"), or to send messages by way of the App, that may violate the rights and interests of other persons.
3.3. The User is personally responsible for Content that is uploaded, transmitted, broadcast, or made available on the App as a result of any other action by the User. The Administration bears no responsibility for Content transmitted via or posted on the App by the User.
3.4.1. not to upload, store, publish, disseminate, make accessible, or in any other way use information that:
3.4.2. when posting Content to the App to observe the rights of third parties, including the rights of authors and copyright holders to the products of their intellectual activity;
3.4.3. when posting photographs depicting third parties, to obtain the said persons' consent to the publication and/or use of their images;
3.4.4. not to post in the App or disseminate by means of the App any Content that contains advertising or propaganda;
3.4.5. not mislead other users about their identity, or present third parties' data with the intention of passing themselves off as another person;
3.4.6. not to send spam (including search spam);
3.4.7. not to use the App for posting or disseminating Content containing viruses or other computer code, files, or programs intended to violate, destroy, or restrict the functioning of any telecommunications or computer installation, or programs designed to provide unsanctioned access, or serial numbers for commercial software products or programs for generating them, or logins, passwords, or other means for obtaining unsanctioned access to paid Internet resources, or to disseminate links to any such information;
3.4.8. independently to assess the contents of any Content he posts or sends to ensure it meets the requirements of the Agreement and of current Russian Federation law;
3.4.9. not to use the App to gather, store, or disseminate others' personal information, or to disseminate links to third parties' email addresses, Internet site addresses (URLs), ICQ and similar applications, or telephone numbers;
3.4.10. not to violate the normal functioning of the App.
3.5. The User has the right to delete the App from the mobile device at any time.
3.6. If the User disagrees with the terms of the Agreement or with any changes to them, the User is obliged to desist from using the App.
3.7. Any requests, questions, complaints, or suggestions related to the functioning of the App and/or the actions of the Administration may be addressed by the User to the Administration by using the postal address of OOO Loveplanet as given in point 1.2 of the Agreement.
4.1. The Administration undertakes to provide the User, at his request, with any information concerning App options and the functioning of the App, and also to respond to messages from the User sent in accordance with point 3.7 of the Agreement within 10 calendar days from the receipt of the User's message.
4.2. The Administration has the right to request documents from the User confirming that the User has the right to post any Content with this App.
4.3. The Administration has the right to delete any information and/or Content uploaded via the App by the User, without informing the User and/or explaining the reasons.
4.4. The Administration has the right to change the design, contents, and functioning of the App at their own discretion.
4.5. The Administration has the right to place advertising in the App in any form and volume in accordance with current Russian Federation law. The Administration has the right to permit Partners to place advertising in the App. In order to track the User's interests and to show advertising that will interest him, Partners may place cookies (files) on the User's mobile device in order to identify this device each time an advertisement is shown. The Administration does not control the use of cookies by such Partners. The User has the right to forbid the collection of data about his Internet behavior by third parties, by using special third-party tools. Some Partners are participants of the Network Advertising Initiative (NAI), which offers the possibility to refuse cookies by following the instructions set out on the Initiative's site at http://www.networkadvertising.org/choices/. The User acknowledges that even though the cookies policy is not accepted the advertising in the App will still be visible and might not be relevant to the User's preferences.
4.6. In case the App's functionality presupposes collection and procession of the User's personal information, the User is hereby informed that by using the App he is making such data accessible to an unrestricted circle of people: the users of the Internet (generally accessible personal data). The User's personal data are processed in accordance with current Russian Federation law. The Administration processes the User's personal data in order to provide the User with access to the functionality of the App and to permit the fulfillment of the Agreement. The Administration will take all necessary measures to protect the User's data from unlawful access, alteration, disclosure, or deletion. The Administration has the right to use information provided by the User, including personal data, to satisfy the stipulations of current Russian Federation law (including alerting and/or preventing illegal or unlawful acts by the User). The disclosure of information provided by the User, other than generally accessible personal data, will take place only in accordance with current Russian Federation law and on request by a court or a law-enforcement agency or in other circumstances stipulated in Russian Federation law. Since the Administration processes the User's personal data for the purposes of fulfilling the present Agreement, the User's consent to the processing of his personal data is not required, in accordance with the provisions of the law on personal data.
4.7. The Administration has the right to use publicly accessible personal data, and transmit this data to Partners, for the purposes of conducting marketing, information, and advertising campaigns.
5.1. All items posted in the App, including design elements, text, graphical images, illustrations, video, scripts, programs, music, sound, and other times and collections of items, are subject to the exclusive rights of the Administration, the User, and other copyright holders.
5.2. Other than cases directly stipulated in the present Agreement or in current Russian Federation law, no Content may be posted, copied (reproduced), adapted, disseminated, published, downloaded, or otherwise used in whole or in part without the advance permission of the copyright holder.
5.3. By posting Content in the App the User grants other users the right to make use of it by viewing it, reproducing it (including copying it), and other rights, for exclusively personal non-commercial use, except for cases where such use would cause or might cause harm to the legally protected interests of the copyright holder.
5.4. The User is permitted to make use of Content to which access is granted exclusively for personal non-commercial use on condition that all signs of authorship (copyright notifications) and other indications of authorship are preserved, the author's name is preserved in unaltered form, and the work itself is preserved in unaltered form.
5.5. The User grants the Administration the right to use, free of charge, any Content the User may place in the App, including the User's image, by any means that do not violate current Russian Federation law, including but not restricted to reproduction, storage, public exhibition, broadcast through the air or by cable, adaptation/translation, and bringing to general attention. The aforementioned Content may be employed by the Administration in any promotional or marketing campaign that the Administration may undertake, including but not limited to information distribution, leaflets, presentations, and advertising. The right of use for which provision is made in this point of the Agreement lasts for the whole duration of the User's exclusive right to the aforementioned Content, and extends to all countries of the world. The Administration has the right to transfer the rights specified in the present point to third parties. If the User does not agree with the terms included in the present point, he undertakes to inform the Administration by sending the message to the address specified in section 1.2. of the Agreement.
5.6. The User bears personal responsibility for any Content or other information that he uploads or otherwise brings to public attention (publishes) in the App or by means of it. The User has no right to upload, broadcast, or publish Content in the App if he does not possess the appropriate rights to carry out such actions, obtained or granted to him in accordance with Russian Federation law.
5.7. The Administration has the right, but is not obliged, to check all the Content posted by means of the App for prohibited Content and may remove any Content at its own discretion, for any reason or without a reason, including, without limits, posting or removing Content that the Administration believes violates the terms of the Agreement or of current Russian Federation law and/or may violate the rights of other Users or third parties, or bring harm to them, or threaten their security.
5.8. No section of the present Agreement gives the User the right to use company names, trademarks, domain names, or other reserved names belonging to the Administration and/or posted in the App.
The User agrees that:
6.1. The Administration does not guarantee that the Services and functionality of the App will meet the User's specific objectives.
6.2. The Administration does not guarantee that the Services and functionality of the App will be provided without interruption, quickly, reliably, without error, or that the results that User may obtain will be precise and reliable. The Administration retains the right to close, disable, or modify any Service or functionality at any time.
6.3. The Administration is not responsible:
6.3.1. for any direct or indirect losses occurring as a result of the use or the inability to use the functionality of the App or its Services, or unsanctioned access to the User's personal data stored on a mobile device of the User;
6.3.2. for violation by the User of current Russian Federation law, including intellectual property law.
6.4. The App may contain links to other Internet resources. The Administration is not liable for the functionality of such links, or for the information contained in such resources, or for the observance of third parties' rights to the products of intellectual activity and means of individualization made use of by such resources.
7.1. Any possible disputes concerning this Agreement that may arise between the User and the Administration will be settled in accordance with current Russian Federation law. It is mandatory to take disputes to a pre-trial complaints procedure first. The period for responding to a complaint is 30 (thirty) days from the date of its receipt. If the dispute cannot be resolved by means of discussions, it will be settled in a court local to the Administration.
7.2. The finding by a court that any provision of the Agreement is invalid shall not imply the invalidity of the other provisions of the Agreement.
7.3. In all matters not specified by the terms of the Agreement the Parties will be guided by current Russian Federation law.
7.4. The present Agreement comes into force for the User from the moment of installation of the App on a mobile device and remains effective for an indeterminate period.