This User Agreement (hereinafter referred to as the "Agreement") governs the relationship between Malivar LLC (ООО МАЛИВАР) (ОГРН 1186658071830, ИНН 6633027184), hereinafter "Company", and you, hereinafter referred to as the "User", on the use of photo and video image processing tools (hereinafter - "Service") posted on the website https://malivar.io on the following conditions:
The User agrees that any use of the Service, without authorization / registration in the Service, or authorization / registration in the Service with additional actions directed for creation of photo and video content indicate the User's full agreement with the terms of Agreement and with all amendments, which were valid at the time of the actual use of the Service without any reservations or exceptions.
If the User disagrees with any of the provisions of these documents, the User is not entitled to the use of Service.
1. Terms and definitions
1.1. Service — the Internet resource "Malivar" https://malivar.io including all levels of the specified domain (hereinafter referred as the "Site"), available to the User through the site and the mobile version of the site.
1.2. Photo and video content — photo and video works created by users and generated and/or modified by the Service with a neural network.
1.3. User — an individual with the necessary legal capacity which is using the Service (with or without authorization / registration in the Service) in order to create his own Photo and Video content.
1.4. Account — a set of protected web pages of the Service created as a result of the User's registration on the Service, using which the User has the opportunity to use the functions of the Service to the extent and under the terms of the Agreement. Access to the Account is carried out according to the credentials (email address and password) specified by the User while registering on the Service.
2. Subject of the Agreement
2.1. The Company offers and provides the User with the ability to create Photo and Video content. The possibility of free trial of the Service is provided to the User for a period and in the amount determined by the Company. After the expiration of the period and / or the exhaustion of the volume determined by the Company, the User can use the paid access in accordance with the conditions of the paid access.
2.2. The User undertakes to use the Service solely for legal, permitted and acceptable purposes. For the avoidance of doubt, when using the Service, the User is prohibited from:
- bypass the technical restrictions established on the Service;
- study the technology, decompile or disassemble the Service, with the exception of cases expressly provided for by the legislation of the Russian Federation;
- create copies of the Service, as well as their external design;
- change the Service in any way;
- take actions aimed at changing the functioning and performance of the Service;
- carry out the above actions in relation to any part of the Service;
- violate the exclusive rights of the Company, other Users and third parties;
- take actions that may lead to a disruption in the operation of the Service, as well as any actions aimed at increasing the number of views of the Content, including the use of any automatic methods of reproducing impressions and clicks, but not limited to the above.
3. Procedure for using the Service
3.1. The Company provides the User with a free trial period to create Photo and Video content for their own use with the ability to save it to a computer, as well as share Video content on social networks in the amount determined by the Company.
3.2. The User has the right to register on the Service and create his own Account by entering his email address and password in the fields of the corresponding window. Registration of the User on the Service is voluntary and free.
The User's login and password are necessary and sufficient to authorize the User on the Service and gain access to the functionality of the Service that is not available to unregistered / unauthorized Users. The user does not have the right to transfer his username and password to third parties, and bears full responsibility for their safety, by independently choosing the storage method of password and login.
Unless the User proves the opposite, any actions performed using his username / password or the User's account created by him within another Internet resource through which the User was authorized on the Service are considered to be committed by the User. In case of unauthorized access to the login and password and / or the User's Account, or distribution of the login and password, the User is obliged to immediately inform the Company on this matter.
3.3. The use of the Service by the User is allowed only in accordance with this Agreement and only in the ways provided by the technical capabilities of the Service.
3.4. The Company is the legal owner of the Service and it owns all exclusive property and other relevant rights to the Service, including, but not limited to, the Service software, graphics, design, and the Service database.
3.5. The user has no right in any way to modify, copy, erase, save, download, distribute, publicly display, transfer, sell, post or otherwise use the Content posted on the Service.
3.6. The User undertakes to use the Content solely for personal, non-commercial purposes.
3.7. The Company will make commercially reasonable efforts to ensure the proper functioning of the Service around the clock, however, the Company will not be held liable if any disruption to the Service occurs for any reason.
The Company has the right at any time without notifying the User and without giving reasons to suspend access and the ability to use the Service without reimbursing any costs or losses, including in the event of any, including one-time, violation by the User of the terms of this Agreement, unless otherwise expressly provided applicable law.
3.8. The Company is not responsible for failures and delays in the operation of the Service, as well as for the possible consequences of such failures and delays.
3.9. The Company provides the Service to the User "as it is" without any additional guarantees. The Company is not responsible for the presence of viruses on the Service, as well as for the possible consequences of infection of the User's devices with viruses or other malicious programs getting on the User's device.
3.10. The Company is not responsible and does not compensate for any losses, including lost profits, moral and other harm caused to the User or third parties as a result of their use of the Service or in connection with its operation, as well as in all other cases provided for by this Agreement. Under any circumstances, the responsibility of the Company in accordance with Art. 15 of the Civil Code of the Russian Federation is limited to 1000 (one thousand) rubles of the Russian Federation in the presence of guilt in the actions of the Company.
3.11. The user is solely responsible for the Video content he creates on the Service, including for its content and compliance with the norms and requirements of the current legislation of the Russian Federation, the internal policy of the Service (Appendix 1 to this User Agreement), for violation of the rights of third parties to Video content (including, but not limited to, the rights of authors and / or related rights and other rights protected by law). The User at his own expense reimburses any losses incurred by third parties or the Company as a result of these violations, as well as the commission of other actions in connection with the use of the Service.
3.12. The Company does not store the Video content created by the User and does not acquire any rights from the User. All rights to the created objects are reserved by the User.
4. Confidentiality and protection of user data
4.1. User data is information about the User of the Service received as a result of the use of the Service by the User, including personal data and information received during the registration of the User on the Service (email address).
5. Termination of the Agreement
5.1. The Company reserves the right to amend this Agreement without prior notice to the User, unless otherwise expressly provided by applicable law. The User agrees that any use of the Service, including both viewing the Content without authorization on the Service, and authorization on the Service and taking actions to use the functionality of the Service, indicate the User's full agreement with the terms of this Agreement in the form that was valid at the time of actual use Service. Any changes to the Agreement, implemented by the Company unilaterally, enter into force on the day following the day of publication of such changes on the website at: https://malivar.io/terms
The User undertakes to independently check the Agreement for changes. Failure by the User to take steps to familiarize themself with the Agreement and / or the amended version of the Agreement cannot serve as a basis for the User's failure to fulfill his obligations and the User's failure to comply with the restrictions established by the Agreement.
5.2. This Agreement is considered amended if the Company made changes to its terms, and the User continued to use the Service.
5.3. This Agreement shall terminate if the Company decides to terminate this Agreement unilaterally out of court with immediate termination of access and the ability to use the Service and without reimbursement of any costs or losses, unless otherwise provided by applicable law. In particular, the Company may make such a decision in the event of the closure of the Service or for other reasons.
6. Other provisions
6.1. The invalidity of one or several provisions of the Agreement, recognized in the prescribed manner by a court decision that has entered into force, does not entail the invalidity of the Agreement as a whole for the Parties. In the event that one or more provisions of the Agreement are recognized as invalid in the prescribed manner, the Parties undertake to fulfill their obligations under the Agreement as close as possible to those implied by the Parties when concluding and / or agreeing to amend the Agreement in a manner.
6.2. This Agreement and the relationship between the Parties in connection with this Agreement and the use of the Service are governed by the legislation of the Russian Federation. Since the provision of access to the Service and its functionality is carried out free of charge, the provisions of Federal Law No. 2300-1 dated 07.02.1992«О защите прав потребителей» are not applicable to the relationship between the Company and Users governed by the terms of this Agreement.
6.3. Regarding the form and method of concluding this Agreement, the norms of the Civil Code of the Russian Federation («ГК РФ») are applied, which regulate the procedure and conditions for concluding an agreement by accepting an offer.
6.4. All disputes between the parties under this Agreement shall be resolved through correspondence and negotiations using the mandatory pre-trial (claim) procedure. If it is impossible to reach an agreement between the Parties through negotiations within 60 (sixty) calendar days from the moment the other Party receives a written claim, the dispute must be referred by any interested Party to the court at the location of the Company, unless otherwise provided by applicable law.
6.5. For all questions related to the use of the Service and the execution of the Agreement, the User can contact the Company's support service by e-mail firstname.lastname@example.org
In the version of on May 20, 2021.