«Post» - an information unit posted by the User in the Application and available for review to the public.
1.2. All other terms and definitions in the text of the Agreement shall be interpreted by the Parties in accordance with the legislation of the Russian Federation and Internet customs of interpretation of the relevant terms.
1.3. Names of titles (clauses) of the Agreement are given only for convenience of using the text of the Agreement and have no literal legal meaning.
2. Conclusion of the Agreement
2.1. The text of the Agreement, available in the Application, contains all the essential terms of the Agreement and is an offer of Mobile Dimension to conclude the Agreement with any individual over the age permitted in accordance with the legislation of the Russian Federation for acceptance of this Agreement and using the Application on the terms specified in the text of the Agreement. Thus, the text of the Agreement is a public offer in accordance with clause 2 of article 437 of the Civil Code of the Russian Federation, and the use of the Application shall be possible only on the terms of this Agreement.
2.2. The proper acceptance of the offer in accordance with article 438 of the Civil Code of the Russian Federation shall be the installation of the Application on the User’s device.
2.3. By accepting the terms of this Agreement, the User also confirms his/her full consent to the processing of his/her personal data by Mobile Dimension for the purposes that include the implementation of functional capabilities of the Application, as well as for the purposes specified in clause 5.2 of this Agreement. In this Agreement, personal data means any information directly or indirectly related to the identified or identifiable individual (personal data subject), provided through the Mobile Application and/or collected with its use, as well as collected as a part of acceptance of Users’ applications regarding the services of third parties that publish advertisements in the Mobile Application.
2.4. By accepting the terms of this Agreement, the User confirms his/her legal capacity, as well as the fact that at the moment of installation of the Application he/she is at least 17 years old.
2.5. By accepting the terms of this Agreement, the User assumes all possible risks associated with his/her errors and inaccuracies in the data provided.
3. Subject of the Agreement
3.1. Mobile Dimension shall provide to the User, free of charge, on the basis of a simple (non-exclusive) license, a right to use the Application by following means:
3.1.1. Use the Application according to its direct functional purpose solely for personal non-commercial use, for which purpose he/she should install (play) it on the personal mobile device(s) of the User. The User shall be entitled to install the Application on an unlimited number of personal mobile devices.
3.2. The license shall be provided to the User without the right to transfer it under sublicense agreements for the period of operation of the Application when the Application remains available to the User.
3.3. The license shall be provided to the User on the territory within which the Application remains available to the User.
4. Rights and obligations of the User
4.1. The User shall properly comply with the terms of this Agreement.
4.2. The User agrees not to use the Application in violation of rights and legitimate interests rightholders, third parties and legislation of the Russian Federation.
4.3. Except for use in the amounts and by means expressly provided for in this Agreement, the User (on his/her own or through third parties) shall not be entitled to modify the Application, reverse engineer the Application, including its decompiling, disassembly, decoding and other actions with the object code of the Application in order to extract the source code of the Application and/or obtain information on implementation of the algorithms used in the Application, create derivatives using the Application, distribute, make publicly available and provide other access to the Application, or its separate elements, as well as carry out (allow to carry out) other use of the Application without the written consent of the Rightholder.
4.4. Any payments for communication services, including those provided by mobile operators or Internet service providers, shall be paid by the User on his/her own.
5. Rights and obligations of Mobile Dimension
5.1. Mobile Dimension shall be entitled to transfer rights and obligations under this Agreement to third parties for the purposes of execution of this Agreement without any further consent of the User.
5.2. The User, by agreeing to this offer, gives his/her informed and free consent to participate in promotional, advertising, marketing and other activities for promotion of services of Mobile Dimension, partners of Mobile Dimension and other third parties. Among other things, Mobile Dimension shall be entitled to send to the User by any means information about the operation of the Application, including to the e-mail address specified by the User, as well as to sent its own or any third parties’ information, advertising or other communications, or publish the relevant information in the Application.
5.3. Mobile Dimension shall be entitled to send PUSH-notifications containing the information or advertisements.
5.4. 5.4. Mobile Dimension shall be entitled to provide free and paid services to the Users. Mobile Dimension shall inform the User about the terms of paid services by publishing the relevant information about the service in the Application (name of service, its cost, form and procedure of payment).
5.5. Mobile Dimension shall be entitled to block the User’s access to the Application should any violations of the User’s obligations specified in section 4 of this Agreement be identified.
5.6. The User gives his/her consent to Mobile Dimension for the purpose of execution of this Agreement to sent to the User any communications and to settle the claims related to the execution of this Agreement, process the User’s personal data, transfer it to third parties, as well as to use third parties in the processing of the User’s personal data without paying any fees to the User, with and without using automation tools. The processing of the personal data may include the following actions: collection, recording, systematization, accumulation, storage, specification (update, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, elimination, destruction, as well as any other actions. The User agrees that the personal data may be processed within the period of activity of Mobile Dimension. The personal data shall be stored according to the current legislation of the Russian Federation.
5.8. Mobile Dimension reserves the right to terminate this Agreement unilaterally at any time for organizational or technical reasons, by deleting the Application from the mobile device of the User or by blocking the possibility of its use.
5.9. In order to improve and increase the stability of operation of the Application, Mobile Dimension shall be entitled to collect, store and process statistical information about the use of the Application by the User. In particular, the User agrees that Mobile Dimension will receive and use the data about his/her geolocation from the mobile device.
6. Warranty and liability of the Parties
6.1. The User shall be liable for use of the Application and its services in any ways not expressly permitted in this Agreement.
6.2. The User guarantees that he/she will not take any measure to solely cause damage to Mobile Dimension, mobile operators, rightholders or other persons.
6.3. Unless the User proves otherwise, any actions made using his/her mobile device shall be considered made by the respective User.
6.4. The User shall use the Application as it is presented, at his/her own risk. Mobile Dimension does not guarantee that the Application its separate elements do not contain errors and will operate in accordance with the User’s expectations, that the access to the Application will be provided continuously, promptly, reliably and without errors. Errors or defects in the Application, which also cause the impossibility of operation of the Application on the User’s mobile device, shall not be a basis for replacement, return or repair of such mobile device. Mobile Dimension does not guarantee to the User any results as a consequence of using the Application. Also, Mobile Dimension gives no warranties about the information provided through the Application.
6.5. The Application provides to the User the convenience of organization and processing of information. Any information obtained by the User through the Application is provided solely for information purposes and does not constitute a medical opinion, diagnosis, guidance for action or treatment. No information provided in the Application can be interpreted as an attempt to give medical advice or perform medical activities in any way. Mobile Dimension shall not be liable for the results and consequences of using the information published in the Application. Mobile Dimension highly recommends not taking any measures based on the information obtained in the Application without consulting a doctor.
6.6. The User confirms that the information entered by him/her in the Application is not subject to medical confidentiality.
6.7. The User shall provide to Mobile Dimension a free exclusive license to use the posts published by him/her in the newsfeed of the Application by any means permitted by the current legislation of the Russian Federation. The User guarantees that he/she has the proper rights to use all the results of intellectual activity of third parties used in such posts.
6.8. The Application may contain links or provide access to other Internet sites (third party sites) and the content published on these sites that result from the intellectual activity of third parties and are protected in accordance with the legislation of the Russian Federation. These sites and their content are not verified by Mobile Dimension for compliance with the requirements of the legislation of the Russian Federation. Therefore, Mobile Dimension warns that the information content provided from the Internet may be not suitable for persons under 18 years old.
6.9. Mobile Dimension shall not be liable for any information or content published on the third party sites, to which the User gets access through the Application, including, but not limited to, any opinions or statements expressed on the third party sites.
6.10. The User confirms that from the moment of clicking on the link in the Application to a third party site, Mobile Dimension shall not be liable for the User’s use of the content, legality of such use and quality of the content published on the third party sites.
7. Amendment of terms of the Agreement
7.1. The User shall read the current version of the Agreement in each use of the Application before using the functions of the Application.
7.2. Mobile Dimension shall be entitled to amend the terms of the Agreement unilaterally, and such amendments shall enter into force upon publication of a new version of the Agreement in the Application.
7.3. If the User does not agree with the terms of the new version of the Agreement, the User shall stop using the Application and delete it from his/her mobile device. If the User continues using the Application and does not delete it from his/her mobile device, it shall be considered that he/she has joined to the respective Agreement in its new version.
8. Final provisions
8.1. This Agreement is made in accordance with the legislation of the Russian Federation. Any issues not regulated by the Agreement shall be settled in accordance with the legislation of the Russian Federation.
8.2. In case of any disputes or disagreements regarding the execution of this Agreement, the User and Mobile Dimension shall make any efforts to settle them through negotiations between them. If the disputes are not settled through negotiations, they shall be settled in the relevant competent court at the location of Mobile Dimension according to the procedure established by the current legislation of the Russian Federation.
8.3. This Agreement shall enter into force for the User from the moment of installation of the Application and shall be valid until amended or terminated at the initiative of Mobile Dimension.
8.4. If any provision of this Agreement is held invalid, it shall not affect the validity or enforceability of the remaining provisions of this Agreement.
8.5. Any appeals, suggestions and claims of individuals and legal entities to Mobile Dimension related to the content and operation of the Application, violations of rights and interests of third parties, requirements of the legislation of the Russian Federation, as well as the requests of the persons authorized by the legislation of the Russian Federation may be sent to the e-mail address: email@example.com.