TERMS OF USE
TERMS OF USE
This user agreement (hereinafter referred to as the Agreement) is concluded between the Joint Stock Company "FESKOM" (JSC "FESKOM") and any person who, after accepting the terms of this Agreement, becomes a user of the site, hereinafter referred to as the "User", located on the information and telecommunications network "Internet" » at the address: https://fescom.tech, together in the text of the Agreement are referred to as “Parties”, and individually as “Parties”.
In accordance with Article 435 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), this Agreement is recognized as an offer.
In accordance with Article 438 of the Civil Code of the Russian Federation, the fact of registration on the Site is considered unconditional acceptance (acceptance) of the terms of this Agreement.
This Agreement, concluded by accepting this offer, does not require bilateral signing and is valid in electronic form.
1. Terms and definitions
Unless otherwise expressly provided in the Agreement, the following words and expressions will have the following meanings:
The Administrator (Owner) of the Site is a company with the Joint Stock Company "FESKOM" (JSC "FESKOM") with individualizing characteristics according to an electronic extract from the Unified State Register of Legal Entities, presented at the request of an interested party in the public domain on the information and telecommunications network "Internet" on the site Federal Tax Service of Russia at: http://egrul.nalog.ru/index.html.
The content of the Site refers to all objects posted on the Site, including design elements, text, graphic images, illustrations, videos, scripts, programs, music, sounds and other objects, and their collections. The owner of the Site is the owner of exclusive rights to use the Site, including all content of the Site.
Moderation – review by the Site Owner of information posted (or planned to be posted - Pre-Moderation) on the Site by the User for its compliance with the provisions of this Agreement.
Processing of personal data – any action (operation) or set of actions (operations) performed using automation tools or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
Password is a unique sequence of alphanumeric characters generated during registration on in order to ensure the User’s subsequent access to the Site Content.
Personal data – any information relating directly or indirectly to the User.
User – a user of the Internet, in particular the Site, who has his own personal page (profile, account).
Providing personal data – actions of the User aimed at disclosing their personal data to the Site Owner or a certain circle of persons.
Profile (account) (Profile) – the User’s personal page on the Site, accessible to all Users of the Site.
Dissemination of personal data - actions aimed at disclosing personal data to an indefinite number of persons (transfer of personal data) or to familiarize with personal data of an unlimited number of persons, including the publication of personal data in the media, posting in information and telecommunication networks or providing access to personal data in any other way.
A website is a set of computer software and hardware that ensures the publication for public viewing of information and data, united for a common purpose, through technical means used for communication between computers on the Internet. The site is located on the Internet information and telecommunications network at: https://fescom.tech
Account information – the User’s unique name (login) and Password for entering the Site, specified by the User when registering on the Site.
In accordance with Article 435 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), this Agreement is recognized as an offer.
In accordance with Article 438 of the Civil Code of the Russian Federation, the fact of registration on the Site is considered unconditional acceptance (acceptance) of the terms of this Agreement.
This Agreement, concluded by accepting this offer, does not require bilateral signing and is valid in electronic form.
1. Terms and definitions
Unless otherwise expressly provided in the Agreement, the following words and expressions will have the following meanings:
The Administrator (Owner) of the Site is a company with the Joint Stock Company "FESKOM" (JSC "FESKOM") with individualizing characteristics according to an electronic extract from the Unified State Register of Legal Entities, presented at the request of an interested party in the public domain on the information and telecommunications network "Internet" on the site Federal Tax Service of Russia at: http://egrul.nalog.ru/index.html.
The content of the Site refers to all objects posted on the Site, including design elements, text, graphic images, illustrations, videos, scripts, programs, music, sounds and other objects, and their collections. The owner of the Site is the owner of exclusive rights to use the Site, including all content of the Site.
Moderation – review by the Site Owner of information posted (or planned to be posted - Pre-Moderation) on the Site by the User for its compliance with the provisions of this Agreement.
Processing of personal data – any action (operation) or set of actions (operations) performed using automation tools or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
Password is a unique sequence of alphanumeric characters generated during registration on in order to ensure the User’s subsequent access to the Site Content.
Personal data – any information relating directly or indirectly to the User.
User – a user of the Internet, in particular the Site, who has his own personal page (profile, account).
Providing personal data – actions of the User aimed at disclosing their personal data to the Site Owner or a certain circle of persons.
Profile (account) (Profile) – the User’s personal page on the Site, accessible to all Users of the Site.
Dissemination of personal data - actions aimed at disclosing personal data to an indefinite number of persons (transfer of personal data) or to familiarize with personal data of an unlimited number of persons, including the publication of personal data in the media, posting in information and telecommunication networks or providing access to personal data in any other way.
A website is a set of computer software and hardware that ensures the publication for public viewing of information and data, united for a common purpose, through technical means used for communication between computers on the Internet. The site is located on the Internet information and telecommunications network at: https://fescom.tech
Account information – the User’s unique name (login) and Password for entering the Site, specified by the User when registering on the Site.
2. Subject of the Agreement
2.1. The Site Owner provides the User with services for providing access to the Site services, while a mandatory condition for the Site Owner to provide services in accordance with this Agreement is the acceptance, compliance by the User and application to the relations of the Parties of the requirements and provisions defined by this Agreement.
2.2. The Site Owner reserves the right to change the terms of this Agreement and all its integral parts without the consent of the User with notification to the latter by posting on the Site a new version of the Agreement or any of its integral parts that have undergone changes. Taking into account that the newsletter may be recognized by the Parties as spam, the User undertakes to familiarize himself with the contents of the Agreement posted on the Site at least once a month in order to timely familiarize himself with its changes. The new version of the Agreement and (or) any integral part thereof comes into force from the moment of publication on the Site, unless a different date for the entry into force of the changes is determined by the Site Owner when they are published. The current version of the Agreement and all annexes thereto is always publicly available on the Site at: https://fescom.tech/
2.3. If the User disagrees with any of the requirements of this Agreement, the User has no right to use the Site.
3. Rights and obligations of the Parties
3.1. Rights and obligations of the Site Owner.
3.1.1. The Site Owner has the right:
3.1.1.1. Refuse the User to register and use the capabilities of the Site in cases provided for by the legislation of the Russian Federation and this Agreement.
3.1.1.2. Without warning, suspend the use of the Site by the User, unilaterally refuse to fulfill the Agreement, block Users’ access to the User Profile and cancel the User Profile in the following cases:
- violation by the User of the terms of this Agreement or the implementation by the User of actions that the Site Owner reasonably considers to violate the terms of the Agreement;
- due to unforeseen technical problems or safety-related circumstances;
- due to interference and any violations by the User in relation to the Site, including the use of any devices or software.
3.1.1.3. Carry out Moderation in cases where information posted by the User promotes hatred and (or) discrimination against people on racial, ethnic, gender, religious, social grounds; promotes the use of drugs and other drugs harmful to health; calls for inhumane treatment of animals; violates the rights of national and other minorities; contains calls for violent actions; violates the rights of authors and other intellectual property owners.
3.1.1.4. Manage statistical information related to the operation of the Site, as well as information from Users to ensure targeted display of advertising information to various audiences of Site Users.
3.1.1.5. Send the User information about the development of the Site and its services; send SMS messages, ussd messages, etc. for the purpose of informing about activation codes, conducting surveys about the quality of the Site, providing and requesting other information, as well as advertising one’s own activities and services.
3.1.1.6. Involve third parties in ensuring the functioning of the Site in the prescribed manner.
3.1.1.7. Carry out preventive work on the Site with temporary suspension of its functioning.
3.1.2. The Site Owner undertakes:
3.1.2.1. Provide the User with the services specified in clause 2.1 of this Agreement, including by assigning Accounting Information to the User within 1 (one) business day from the date of registration of the latter on the Site.
3.1.2.2. Provide the User with the opportunity to independently publish information about himself.
3.1.2.3. Ensure the safety, security, and non-disclosure of the User's Account Information, unless otherwise provided by this Agreement.
3.1.2.4. Ensure round-the-clock availability of the server on which the Site is located, with the exception of the time of maintenance.
3.1.2.5. Carry out other obligations provided for in this Agreement.
3.2. Rights and obligations of the User.
3.2.1. The user has the right:
3.2.1.1. To have access to the server on which the Site is located 24 hours a day, except during maintenance periods.
3.2.1.2. Change the Password independently without notifying the Site Owner.
3.2.1.3. Independently edit information previously posted about yourself on the Site.
3.2.1.4. Contact support to block your Profile (in the absence of valid demo access and subscriptions).
3.2.1.5. Send requests to the Site Owner containing questions regarding the technical functioning of the Site.
3.2.1.6. Provide consent to the transfer of your data, including Personal Data
3.3. When using the Site, the User is not entitled to:
- upload, send, transmit or in any other way post and (or) distribute content that is illegal, harmful, defamatory, offends morals, demonstrates (or promotes) violence and cruelty, violates intellectual property rights, promotes hatred and (or) discrimination against people on racial, ethnic, gender, religious, social grounds, contains insults against any persons or organizations, contains elements (or is propaganda) of pornography, child erotica, is advertising (or is propaganda) of services of a sexual nature (in including under the guise of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons;
- violate the rights of third parties, including minors and (or) cause them harm in any form;
- impersonate another person or representative of an organization and (or) community without sufficient rights, including employees of the Site Owner, as well as use any other forms and methods of illegal representation of other persons, as well as mislead users or the Site Owner regarding the properties and characteristics of any subjects or objects;
- upload, send, transmit or in any other way post and (or) distribute Content, in the absence of rights to such actions in accordance with the legislation of the Russian Federation or any contractual relations.
- upload, send, transmit or in any other way post and (or) distribute advertising information and spam not specifically permitted;
- upload, send, transmit or in any other way post and (or) distribute any materials containing malicious programs or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs, for unauthorized access, as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as posting links to the above information;
- unauthorized collection and storage of personal data of other persons;
- disrupt the normal operation of the Site;
- promote actions aimed at violating the restrictions and prohibitions imposed by the Agreement;
- otherwise violate the norms of the current legislation of the Russian Federation and this Agreement.
3.3.1. The user undertakes:
3.3.1.1. Read the terms of this Agreement in full before registering on the Site.
3.3.1.2. Provide on your own and at your own expense access to the Internet information and telecommunications network, as well as configuration and protection against unauthorized use of your equipment, and promptly respond when cases of such use are detected.
3.3.1.3. Ensure the safety of your means of identification.
3.3.1.4. Accept full responsibility for all requests and actions taken through the Site that occurred after registration.
3.3.1.5. Do not transfer information about other Users obtained through the Site to third parties.
3.3.1.6. Do not transfer your Account Information to third parties.
3.3.1.7. Do not post personal data of other persons on the Site, and do not use the personal data of other Users or Users in any way that does not comply with the requirements of the legislation of the Russian Federation, for illegal or illegal purposes, for the purpose of obtaining profit or any other purposes that do not correspond to the purposes of creation Site.
3.3.1.8. Do not post information and objects (including links to them) in your Profile that may violate the rights and interests of other persons.
3.3.1.9. Do not register as a User on behalf of or instead of another person or register a group (association) of persons or a legal entity (individual entrepreneur) as a User.
3.3.1.10. Do not upload, store, publish, or distribute any information that:
- contains threats, discredits, insults, discredits honor and dignity or business reputation or violates the privacy of other Users or third parties;
- violates the rights of minors;
- is vulgar or obscene, contains obscene language, contains pornographic images and texts or scenes of a sexual nature involving minors;
- contains scenes of violence or inhumane treatment of animals;
- contains a description of the means and methods of suicide, any incitement to commit it;
- promotes and (or) contributes to the incitement of racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority
4. User Registration
4.1. In order to use the services provided by the Site Owner under this Agreement, the User may be asked to undergo a mandatory registration procedure on the Site, which is free and voluntary for the User.
4.2. When registering on the Site, the User is obliged to provide the Site Owner with the necessary reliable and up-to-date information to create a Profile, including a unique login (email address) and Password for access to the Site, as well as last name and first name for each User. The Site's registration form may request additional information from the User.
4.3. After providing the information specified in clause 4.2 of this Agreement, the User must confirm registration by expressing his desire by clicking on the registration confirmation link in a message sent to his specified email.
4.4. Upon completion of the registration process, the User becomes the owner of the User Account Information, which means that he is responsible for the security of the Account Information, as well as for everything that will be done on the Site under the User Account Information.
4.5. To start working with the Site, the User must enter his Account information in the appropriate section of the Site.
4.6. Unless proven otherwise by the User, any actions performed using his login and Password are considered to have been performed by the corresponding User.
4.7. The User is obliged to immediately notify the Site Owner of any case of unauthorized (not authorized by the User) access to the login and Password and (or) the User Profile and (or) any violation (suspicion of violation) of the confidentiality of his login and Password and (or) Profile, other means of identification. For security purposes, the User is obliged to independently safely shut down work under his account at the end of each work session in compliance with the requirements for the corresponding Site service.
4.8. At any stage of using the Site, the User undertakes to provide accurate and complete information and keep the information provided by him up to date. If the User provides incorrect information or the Site Owner has reason to believe that the information provided by the User is incomplete or unreliable, the Site Owner has the right, at its sole discretion, to block or delete the User’s account and (or) refuse the User to use the Site or its individual functions.
4.9. Use of the Site and (or) the User completing the registration procedure on the Site means the User’s consent to the processing of any information, including that necessary for correct operation and (or) collection of statistics on the use of system services (including cookies) or provided by the User independently, including Personal data, consent to participate in events, including sweepstakes, competitions, consent to receive information about the provision of additional services to him, about the activities of the Site Owner, as well as consent to a request for data, including Personal Data of the User. The specified information can be provided using non-voice communications (by sending short SMS text messages over the mobile radiotelephone network, sending ussd messages, etc.), by sending information via the Internet information and telecommunications network to the telephone number provided by the User and ( or) email address, as well as using the User Profile.
5. Processing of Personal Data
5.1. The processing of the Personal Data provided is carried out by the Site Owner in accordance with the requirements of Federal Law dated July 27, 2006 No. 152-FZ “On Personal Data” and these Regulations.
5.2. The processing of Personal Data in accordance with this Agreement is carried out on the basis of the following principles:
- legality and fairness;
- limiting the processing of Personal Data to the achievement of specific, predetermined and legitimate purposes;
- preventing the processing of Personal Data incompatible with the purposes of collecting Personal Data;
- preventing the merging of databases containing Personal Data, the processing of which is carried out for purposes incompatible with each other;
- processing only Personal Data that meet the purposes of their processing;
- compliance of the content and volume of processed Personal Data with the stated purposes of processing;
- preventing the processing of Personal Data that is excessive in relation to the stated purposes of their processing;
- ensuring the accuracy, sufficiency and relevance of Personal Data in relation to the purposes of processing Personal Data;
- destruction or depersonalization of Personal Data upon achievement of the purposes of their processing or in the event of loss of the need to achieve these goals, if it is impossible for the Site Owner to eliminate violations of Personal Data, unless otherwise provided by federal law.
5.3. The Site Owner processes Personal Data if at least one of the following conditions exists:
- processing of Personal Data is carried out with the consent of the User, which is provided in the manner prescribed by clauses 4.9 of the Agreement;
- processing of Personal Data is necessary to achieve the goals provided for by an international treaty of the Russian Federation or law, to implement and fulfill the functions, powers and responsibilities assigned by the legislation of the Russian Federation to the Website Owner;
- processing of Personal Data is necessary for the administration of justice, execution of a judicial act, act of another body or official, subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings;
- processing of Personal Data is necessary to fulfill the terms of this Agreement, as well as to conclude an agreement at the initiative of the User or an agreement under which the User will be a beneficiary or guarantor;
- processing of Personal Data is necessary to exercise the rights and legitimate interests of the Site Owner or third parties or to achieve socially significant goals, provided that the rights and freedoms of the User are not violated;
- processing of Personal Data is carried out, access to an unlimited number of persons is provided by the User or at his request;
- processing of Personal data subject to publication or mandatory disclosure in accordance with federal law is carried out.
5.4. The Site Owner is obliged not to disclose to third parties or distribute Personal Data without the User’s consent, unless otherwise provided by federal law and this Agreement.
5.5. For the purpose of information support, the Site Owner may create publicly available sources of Personal Data of Site Users, including directories and address books. Public sources of Personal Data may include last name, first name, patronymic, date and place of birth, position, contact phone numbers, email address and other Personal Data provided by the User. Information about the User must be excluded at any time from publicly available sources of Personal Data at the request of the User, the authorized body for the protection of the rights of personal data subjects, or by court decision.
5.6. Processing by the Site Owner of special categories of Personal Data relating to race and nationality is permitted in cases where:
- The User has given consent in writing to the processing of his Personal Data;
- Personal data is made publicly available by the User;
- processing of Personal Data is necessary to protect the life, health or other vital interests of the User or the life, health or other vital interests of other persons and obtaining the User’s consent is impossible;
- the processing of personal data is necessary to establish or exercise the rights of the User or third parties, as well as in connection with the administration of justice. The processing of special categories of Personal Data must be stopped immediately if the reasons for which they were processed are eliminated, unless otherwise provided by federal law.
5.7. The processing of biometric Personal Data, as well as cross-border transfer of Personal Data is not provided for by this Agreement and, accordingly, is not carried out by the Site Owner.
5.8. The security of Personal data processed by the Site Owner is ensured by
6. Responsibility of the Parties
6.1. The User independently determines the list of organizational and software (for computers) means for keeping his Accounting Information secret and ensuring authorized access to it.
6.2. The Site Owner is not responsible for losses caused to the User as a result of the disclosure of the User's Account Information to third parties, which occurred through no fault of the Site Owner. If any person other than the User logs in to the Site using the User’s Account Information, then all actions performed by such person will be considered performed by this User. The User is solely responsible for all actions performed by him on the Site, as well as for all actions performed on the Site by any other persons using the User’s Account Information.
6.3. The Site Owner does not guarantee that the Site software is free of errors and (or) computer viruses or foreign code fragments. The Site Owner provides the User with the opportunity to use the Site software “as is”, without any guarantees from the Site Owner.
6.4. The Site Owner is not responsible for losses caused to the User as a result of another User reporting false information, as well as those caused by the actions (inaction) of another User.
6.5. The Site Owner does not guarantee that the information contained in User Profiles is accurate and complete.
6.6. The Site Owner makes every possible effort to ensure the normal operation of the Site, but is not responsible for failure to fulfill or improper fulfillment of obligations under the Agreement, as well as possible losses arising, including, but not limited to, as a result of:
– unlawful actions of Users aimed at violating information security or the normal functioning of the Site;
– failures in the operation of the Site caused by errors in the code, computer viruses and other extraneous code fragments in the Site software;
– absence (impossibility of establishing, terminating, etc.) of Internet connections between the User’s server and the Site’s server;
– carrying out activities by state and municipal bodies, as well as other organizations within the framework of the System of Operational Investigative Activities;
– establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or establishment by these entities of one-time restrictions that complicate or make impossible the execution of the Agreement;
– other cases related to the actions (inaction) of Users and (or) other entities aimed at worsening the general situation with the use of the Internet and (or) computer equipment that existed at the time of conclusion of the Agreement, as well as any other actions aimed at the Site and to third parties;
– performance of work specified in clauses 6.6 and 6.7 of this Agreement.
6.7. The Site Owner has the right to carry out preventive work on the Site’s hardware and software complex with temporary suspension of the Site’s operation at night, if possible, and minimizing the Site’s downtime as much as possible, notifying the User about this, if technically possible.
6.8. In the event of force majeure circumstances, as well as accidents or failures in the software and hardware systems of third parties collaborating with the Site Owner, or actions (inaction) of third parties aimed at suspending or terminating the functioning of the Site, it is possible to suspend the operation of the Site without prior notice to the User .
6.9. The Site Owner is not responsible for the User’s violation of the terms of the Agreement and reserves the right, at its own discretion, as well as upon receiving information from other users or third parties about the User’s violation of these Rules, to change (moderate) or delete any information published by the User that violates prohibitions, established by this Agreement (including personal messages), suspend, limit or terminate the User’s access to all or any of the sections or services of the Site at any time for any reason or without explanation, with or without prior notice, without liability for any harm, which may be caused by such action. The Site Owner reserves the right to delete the User’s Profile and (or) suspend, limit or terminate the User’s access to any of the Site’s services if it discovers that, in its opinion, the User poses a threat to the Site and (or) its Users. The Site Owner is not responsible for temporary blocking or deletion of information or deletion of the User’s personal page (termination of registration) carried out in accordance with these Rules. Deleting a User Profile means automatically deleting all information posted on it, as well as all User information entered during registration on the Site. After deleting a personal page, the User loses access rights to the Site.
6.10. Neither Party shall be liable for complete or partial failure to fulfill any of its obligations if the failure is a consequence of circumstances such as flood, fire, earthquake, other natural disasters, war or hostilities and other force majeure circumstances arising after the conclusion of the Agreement and independent of the will of the Parties.
7. Procedure for resolving disputes and settling claims
7.1. In the event of disputes arising between the User and the Site Owner on issues related to the execution of the Agreement, the Parties will take all measures to resolve them through negotiations between themselves. The claim procedure for resolving disputes is mandatory. Claims from Users regarding the Services provided are accepted and considered by the Site Owner only in writing and in the manner prescribed by this Agreement and the current legislation of the Russian Federation.
7.2. To resolve disputes that arise between the User and the Site Owner as a result of using the services, the following claim procedure is applied. A user who believes that his rights have been violated due to the actions of the Site Owner sends the latter a claim containing the essence of the demand, the rationale for its presentation, as well as all the User’s data. The claim is also sent to the Site Owner in writing by mail, email or fax;
– within 5 (five) business days from the date of receipt of the complaint, the Site Owner is obliged to state his position on the fundamental issues specified in it and send his response to the email address or postal address specified in the User’s complaint
– in case of failure to resolve the dispute through the claim procedure, the dispute is subject to consideration in accordance with clause 7.4 of the Agreement
7.3. The Site Owner does not consider anonymous claims or claims that do not allow the User to be identified based on the data he provided during registration, or claims that do not contain the data specified in this paragraph of this Agreement. To resolve technical issues in determining the User’s guilt as a result of his unlawful actions when using the information and telecommunications network “Internet” and the Site, in particular, the Site Owner has the right to independently involve competent independent organizations as experts. If the User is found guilty, the latter is obliged to reimburse the costs of the examination.
7.4. If agreement is not reached between the Parties through negotiations, the dispute arising from this Agreement shall be subject to consideration in a court of general jurisdiction at the location of the Site Owner.
8. Final provisions
8.1. This Agreement comes into force from the moment of acceptance of this offer by the User, is concluded for an indefinite period, regulated and interpreted in accordance with the legislation of the Russian Federation.
8.2. The User agrees that by accessing the Site and using its content, he:
- expresses his unconditional agreement with all the terms of this Agreement and undertakes to comply with them or stop using the Site;
- receives a personal non-exclusive and non-transferable right to use the content of the Site on one computer, provided that neither the User himself nor any other persons with the assistance of the User will copy or modify the software; create programs derived from the software; penetrate software in order to obtain program codes; sell, assign, lease, transfer to third parties in any other form of rights in relation to the software of the services provided by the Site.
8.3. The User agrees to the transfer of Personal Data to third parties, including for the purposes of their processing, to ensure the functioning of the Site, the implementation of affiliate and other programs, provided that the transferred data is subject to a regime similar to the regime existing on the Site, including, but without limitation, the transfer of personal data to persons affiliated with the Site Owner or who have entered into agreements with him, as well as to third parties in cases where such transfer is necessary for the User to use a certain service of the Site or to fulfill a certain agreement or contract with the User.
8.4. Since this Agreement is an offer, by virtue of the current civil legislation of the Russian Federation, the Site Owner has the right to revoke the offer in accordance with Article 436 of the Civil Code of the Russian Federation. In the event of revocation of this agreement by the Site Owner, this agreement is considered terminated from the moment of revocation. The review is carried out by posting the relevant information on the Site.
8.5. The provisions of this Agreement are established, amended and canceled by the Site Owner unilaterally without prior notice. From the moment the new version of the Agreement is posted on the Website, the previous version is considered to have lost its force. In the event of a significant change in the provisions of this Agreement, the Site Owner notifies Users of this by posting a corresponding message on the Site.
8.6. If the User does not agree with the terms of this Agreement, he must immediately delete his Profile from the Site, otherwise the User’s continued use of the Site means that the User agrees with the terms of the Agreement.
8.7. The terms specified in this Agreement in working days are calculated according to the rules established by the Labor Code of the Russian Federation.
8.8. Failure to include in the Agreement any rights and (or) obligations of the User and (or) the Site Owner cannot be considered as a waiver of the exercise of these rights or the fulfillment of these obligations.
8.9. The invalidity of any provision of this Agreement does not entail the invalidity of its other provisions.
8.10. In all other respects that are not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.
2.1. The Site Owner provides the User with services for providing access to the Site services, while a mandatory condition for the Site Owner to provide services in accordance with this Agreement is the acceptance, compliance by the User and application to the relations of the Parties of the requirements and provisions defined by this Agreement.
2.2. The Site Owner reserves the right to change the terms of this Agreement and all its integral parts without the consent of the User with notification to the latter by posting on the Site a new version of the Agreement or any of its integral parts that have undergone changes. Taking into account that the newsletter may be recognized by the Parties as spam, the User undertakes to familiarize himself with the contents of the Agreement posted on the Site at least once a month in order to timely familiarize himself with its changes. The new version of the Agreement and (or) any integral part thereof comes into force from the moment of publication on the Site, unless a different date for the entry into force of the changes is determined by the Site Owner when they are published. The current version of the Agreement and all annexes thereto is always publicly available on the Site at: https://fescom.tech/
2.3. If the User disagrees with any of the requirements of this Agreement, the User has no right to use the Site.
3. Rights and obligations of the Parties
3.1. Rights and obligations of the Site Owner.
3.1.1. The Site Owner has the right:
3.1.1.1. Refuse the User to register and use the capabilities of the Site in cases provided for by the legislation of the Russian Federation and this Agreement.
3.1.1.2. Without warning, suspend the use of the Site by the User, unilaterally refuse to fulfill the Agreement, block Users’ access to the User Profile and cancel the User Profile in the following cases:
- violation by the User of the terms of this Agreement or the implementation by the User of actions that the Site Owner reasonably considers to violate the terms of the Agreement;
- due to unforeseen technical problems or safety-related circumstances;
- due to interference and any violations by the User in relation to the Site, including the use of any devices or software.
3.1.1.3. Carry out Moderation in cases where information posted by the User promotes hatred and (or) discrimination against people on racial, ethnic, gender, religious, social grounds; promotes the use of drugs and other drugs harmful to health; calls for inhumane treatment of animals; violates the rights of national and other minorities; contains calls for violent actions; violates the rights of authors and other intellectual property owners.
3.1.1.4. Manage statistical information related to the operation of the Site, as well as information from Users to ensure targeted display of advertising information to various audiences of Site Users.
3.1.1.5. Send the User information about the development of the Site and its services; send SMS messages, ussd messages, etc. for the purpose of informing about activation codes, conducting surveys about the quality of the Site, providing and requesting other information, as well as advertising one’s own activities and services.
3.1.1.6. Involve third parties in ensuring the functioning of the Site in the prescribed manner.
3.1.1.7. Carry out preventive work on the Site with temporary suspension of its functioning.
3.1.2. The Site Owner undertakes:
3.1.2.1. Provide the User with the services specified in clause 2.1 of this Agreement, including by assigning Accounting Information to the User within 1 (one) business day from the date of registration of the latter on the Site.
3.1.2.2. Provide the User with the opportunity to independently publish information about himself.
3.1.2.3. Ensure the safety, security, and non-disclosure of the User's Account Information, unless otherwise provided by this Agreement.
3.1.2.4. Ensure round-the-clock availability of the server on which the Site is located, with the exception of the time of maintenance.
3.1.2.5. Carry out other obligations provided for in this Agreement.
3.2. Rights and obligations of the User.
3.2.1. The user has the right:
3.2.1.1. To have access to the server on which the Site is located 24 hours a day, except during maintenance periods.
3.2.1.2. Change the Password independently without notifying the Site Owner.
3.2.1.3. Independently edit information previously posted about yourself on the Site.
3.2.1.4. Contact support to block your Profile (in the absence of valid demo access and subscriptions).
3.2.1.5. Send requests to the Site Owner containing questions regarding the technical functioning of the Site.
3.2.1.6. Provide consent to the transfer of your data, including Personal Data
3.3. When using the Site, the User is not entitled to:
- upload, send, transmit or in any other way post and (or) distribute content that is illegal, harmful, defamatory, offends morals, demonstrates (or promotes) violence and cruelty, violates intellectual property rights, promotes hatred and (or) discrimination against people on racial, ethnic, gender, religious, social grounds, contains insults against any persons or organizations, contains elements (or is propaganda) of pornography, child erotica, is advertising (or is propaganda) of services of a sexual nature (in including under the guise of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons;
- violate the rights of third parties, including minors and (or) cause them harm in any form;
- impersonate another person or representative of an organization and (or) community without sufficient rights, including employees of the Site Owner, as well as use any other forms and methods of illegal representation of other persons, as well as mislead users or the Site Owner regarding the properties and characteristics of any subjects or objects;
- upload, send, transmit or in any other way post and (or) distribute Content, in the absence of rights to such actions in accordance with the legislation of the Russian Federation or any contractual relations.
- upload, send, transmit or in any other way post and (or) distribute advertising information and spam not specifically permitted;
- upload, send, transmit or in any other way post and (or) distribute any materials containing malicious programs or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs, for unauthorized access, as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as posting links to the above information;
- unauthorized collection and storage of personal data of other persons;
- disrupt the normal operation of the Site;
- promote actions aimed at violating the restrictions and prohibitions imposed by the Agreement;
- otherwise violate the norms of the current legislation of the Russian Federation and this Agreement.
3.3.1. The user undertakes:
3.3.1.1. Read the terms of this Agreement in full before registering on the Site.
3.3.1.2. Provide on your own and at your own expense access to the Internet information and telecommunications network, as well as configuration and protection against unauthorized use of your equipment, and promptly respond when cases of such use are detected.
3.3.1.3. Ensure the safety of your means of identification.
3.3.1.4. Accept full responsibility for all requests and actions taken through the Site that occurred after registration.
3.3.1.5. Do not transfer information about other Users obtained through the Site to third parties.
3.3.1.6. Do not transfer your Account Information to third parties.
3.3.1.7. Do not post personal data of other persons on the Site, and do not use the personal data of other Users or Users in any way that does not comply with the requirements of the legislation of the Russian Federation, for illegal or illegal purposes, for the purpose of obtaining profit or any other purposes that do not correspond to the purposes of creation Site.
3.3.1.8. Do not post information and objects (including links to them) in your Profile that may violate the rights and interests of other persons.
3.3.1.9. Do not register as a User on behalf of or instead of another person or register a group (association) of persons or a legal entity (individual entrepreneur) as a User.
3.3.1.10. Do not upload, store, publish, or distribute any information that:
- contains threats, discredits, insults, discredits honor and dignity or business reputation or violates the privacy of other Users or third parties;
- violates the rights of minors;
- is vulgar or obscene, contains obscene language, contains pornographic images and texts or scenes of a sexual nature involving minors;
- contains scenes of violence or inhumane treatment of animals;
- contains a description of the means and methods of suicide, any incitement to commit it;
- promotes and (or) contributes to the incitement of racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority
4. User Registration
4.1. In order to use the services provided by the Site Owner under this Agreement, the User may be asked to undergo a mandatory registration procedure on the Site, which is free and voluntary for the User.
4.2. When registering on the Site, the User is obliged to provide the Site Owner with the necessary reliable and up-to-date information to create a Profile, including a unique login (email address) and Password for access to the Site, as well as last name and first name for each User. The Site's registration form may request additional information from the User.
4.3. After providing the information specified in clause 4.2 of this Agreement, the User must confirm registration by expressing his desire by clicking on the registration confirmation link in a message sent to his specified email.
4.4. Upon completion of the registration process, the User becomes the owner of the User Account Information, which means that he is responsible for the security of the Account Information, as well as for everything that will be done on the Site under the User Account Information.
4.5. To start working with the Site, the User must enter his Account information in the appropriate section of the Site.
4.6. Unless proven otherwise by the User, any actions performed using his login and Password are considered to have been performed by the corresponding User.
4.7. The User is obliged to immediately notify the Site Owner of any case of unauthorized (not authorized by the User) access to the login and Password and (or) the User Profile and (or) any violation (suspicion of violation) of the confidentiality of his login and Password and (or) Profile, other means of identification. For security purposes, the User is obliged to independently safely shut down work under his account at the end of each work session in compliance with the requirements for the corresponding Site service.
4.8. At any stage of using the Site, the User undertakes to provide accurate and complete information and keep the information provided by him up to date. If the User provides incorrect information or the Site Owner has reason to believe that the information provided by the User is incomplete or unreliable, the Site Owner has the right, at its sole discretion, to block or delete the User’s account and (or) refuse the User to use the Site or its individual functions.
4.9. Use of the Site and (or) the User completing the registration procedure on the Site means the User’s consent to the processing of any information, including that necessary for correct operation and (or) collection of statistics on the use of system services (including cookies) or provided by the User independently, including Personal data, consent to participate in events, including sweepstakes, competitions, consent to receive information about the provision of additional services to him, about the activities of the Site Owner, as well as consent to a request for data, including Personal Data of the User. The specified information can be provided using non-voice communications (by sending short SMS text messages over the mobile radiotelephone network, sending ussd messages, etc.), by sending information via the Internet information and telecommunications network to the telephone number provided by the User and ( or) email address, as well as using the User Profile.
5. Processing of Personal Data
5.1. The processing of the Personal Data provided is carried out by the Site Owner in accordance with the requirements of Federal Law dated July 27, 2006 No. 152-FZ “On Personal Data” and these Regulations.
5.2. The processing of Personal Data in accordance with this Agreement is carried out on the basis of the following principles:
- legality and fairness;
- limiting the processing of Personal Data to the achievement of specific, predetermined and legitimate purposes;
- preventing the processing of Personal Data incompatible with the purposes of collecting Personal Data;
- preventing the merging of databases containing Personal Data, the processing of which is carried out for purposes incompatible with each other;
- processing only Personal Data that meet the purposes of their processing;
- compliance of the content and volume of processed Personal Data with the stated purposes of processing;
- preventing the processing of Personal Data that is excessive in relation to the stated purposes of their processing;
- ensuring the accuracy, sufficiency and relevance of Personal Data in relation to the purposes of processing Personal Data;
- destruction or depersonalization of Personal Data upon achievement of the purposes of their processing or in the event of loss of the need to achieve these goals, if it is impossible for the Site Owner to eliminate violations of Personal Data, unless otherwise provided by federal law.
5.3. The Site Owner processes Personal Data if at least one of the following conditions exists:
- processing of Personal Data is carried out with the consent of the User, which is provided in the manner prescribed by clauses 4.9 of the Agreement;
- processing of Personal Data is necessary to achieve the goals provided for by an international treaty of the Russian Federation or law, to implement and fulfill the functions, powers and responsibilities assigned by the legislation of the Russian Federation to the Website Owner;
- processing of Personal Data is necessary for the administration of justice, execution of a judicial act, act of another body or official, subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings;
- processing of Personal Data is necessary to fulfill the terms of this Agreement, as well as to conclude an agreement at the initiative of the User or an agreement under which the User will be a beneficiary or guarantor;
- processing of Personal Data is necessary to exercise the rights and legitimate interests of the Site Owner or third parties or to achieve socially significant goals, provided that the rights and freedoms of the User are not violated;
- processing of Personal Data is carried out, access to an unlimited number of persons is provided by the User or at his request;
- processing of Personal data subject to publication or mandatory disclosure in accordance with federal law is carried out.
5.4. The Site Owner is obliged not to disclose to third parties or distribute Personal Data without the User’s consent, unless otherwise provided by federal law and this Agreement.
5.5. For the purpose of information support, the Site Owner may create publicly available sources of Personal Data of Site Users, including directories and address books. Public sources of Personal Data may include last name, first name, patronymic, date and place of birth, position, contact phone numbers, email address and other Personal Data provided by the User. Information about the User must be excluded at any time from publicly available sources of Personal Data at the request of the User, the authorized body for the protection of the rights of personal data subjects, or by court decision.
5.6. Processing by the Site Owner of special categories of Personal Data relating to race and nationality is permitted in cases where:
- The User has given consent in writing to the processing of his Personal Data;
- Personal data is made publicly available by the User;
- processing of Personal Data is necessary to protect the life, health or other vital interests of the User or the life, health or other vital interests of other persons and obtaining the User’s consent is impossible;
- the processing of personal data is necessary to establish or exercise the rights of the User or third parties, as well as in connection with the administration of justice. The processing of special categories of Personal Data must be stopped immediately if the reasons for which they were processed are eliminated, unless otherwise provided by federal law.
5.7. The processing of biometric Personal Data, as well as cross-border transfer of Personal Data is not provided for by this Agreement and, accordingly, is not carried out by the Site Owner.
5.8. The security of Personal data processed by the Site Owner is ensured by
6. Responsibility of the Parties
6.1. The User independently determines the list of organizational and software (for computers) means for keeping his Accounting Information secret and ensuring authorized access to it.
6.2. The Site Owner is not responsible for losses caused to the User as a result of the disclosure of the User's Account Information to third parties, which occurred through no fault of the Site Owner. If any person other than the User logs in to the Site using the User’s Account Information, then all actions performed by such person will be considered performed by this User. The User is solely responsible for all actions performed by him on the Site, as well as for all actions performed on the Site by any other persons using the User’s Account Information.
6.3. The Site Owner does not guarantee that the Site software is free of errors and (or) computer viruses or foreign code fragments. The Site Owner provides the User with the opportunity to use the Site software “as is”, without any guarantees from the Site Owner.
6.4. The Site Owner is not responsible for losses caused to the User as a result of another User reporting false information, as well as those caused by the actions (inaction) of another User.
6.5. The Site Owner does not guarantee that the information contained in User Profiles is accurate and complete.
6.6. The Site Owner makes every possible effort to ensure the normal operation of the Site, but is not responsible for failure to fulfill or improper fulfillment of obligations under the Agreement, as well as possible losses arising, including, but not limited to, as a result of:
– unlawful actions of Users aimed at violating information security or the normal functioning of the Site;
– failures in the operation of the Site caused by errors in the code, computer viruses and other extraneous code fragments in the Site software;
– absence (impossibility of establishing, terminating, etc.) of Internet connections between the User’s server and the Site’s server;
– carrying out activities by state and municipal bodies, as well as other organizations within the framework of the System of Operational Investigative Activities;
– establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or establishment by these entities of one-time restrictions that complicate or make impossible the execution of the Agreement;
– other cases related to the actions (inaction) of Users and (or) other entities aimed at worsening the general situation with the use of the Internet and (or) computer equipment that existed at the time of conclusion of the Agreement, as well as any other actions aimed at the Site and to third parties;
– performance of work specified in clauses 6.6 and 6.7 of this Agreement.
6.7. The Site Owner has the right to carry out preventive work on the Site’s hardware and software complex with temporary suspension of the Site’s operation at night, if possible, and minimizing the Site’s downtime as much as possible, notifying the User about this, if technically possible.
6.8. In the event of force majeure circumstances, as well as accidents or failures in the software and hardware systems of third parties collaborating with the Site Owner, or actions (inaction) of third parties aimed at suspending or terminating the functioning of the Site, it is possible to suspend the operation of the Site without prior notice to the User .
6.9. The Site Owner is not responsible for the User’s violation of the terms of the Agreement and reserves the right, at its own discretion, as well as upon receiving information from other users or third parties about the User’s violation of these Rules, to change (moderate) or delete any information published by the User that violates prohibitions, established by this Agreement (including personal messages), suspend, limit or terminate the User’s access to all or any of the sections or services of the Site at any time for any reason or without explanation, with or without prior notice, without liability for any harm, which may be caused by such action. The Site Owner reserves the right to delete the User’s Profile and (or) suspend, limit or terminate the User’s access to any of the Site’s services if it discovers that, in its opinion, the User poses a threat to the Site and (or) its Users. The Site Owner is not responsible for temporary blocking or deletion of information or deletion of the User’s personal page (termination of registration) carried out in accordance with these Rules. Deleting a User Profile means automatically deleting all information posted on it, as well as all User information entered during registration on the Site. After deleting a personal page, the User loses access rights to the Site.
6.10. Neither Party shall be liable for complete or partial failure to fulfill any of its obligations if the failure is a consequence of circumstances such as flood, fire, earthquake, other natural disasters, war or hostilities and other force majeure circumstances arising after the conclusion of the Agreement and independent of the will of the Parties.
7. Procedure for resolving disputes and settling claims
7.1. In the event of disputes arising between the User and the Site Owner on issues related to the execution of the Agreement, the Parties will take all measures to resolve them through negotiations between themselves. The claim procedure for resolving disputes is mandatory. Claims from Users regarding the Services provided are accepted and considered by the Site Owner only in writing and in the manner prescribed by this Agreement and the current legislation of the Russian Federation.
7.2. To resolve disputes that arise between the User and the Site Owner as a result of using the services, the following claim procedure is applied. A user who believes that his rights have been violated due to the actions of the Site Owner sends the latter a claim containing the essence of the demand, the rationale for its presentation, as well as all the User’s data. The claim is also sent to the Site Owner in writing by mail, email or fax;
– within 5 (five) business days from the date of receipt of the complaint, the Site Owner is obliged to state his position on the fundamental issues specified in it and send his response to the email address or postal address specified in the User’s complaint
– in case of failure to resolve the dispute through the claim procedure, the dispute is subject to consideration in accordance with clause 7.4 of the Agreement
7.3. The Site Owner does not consider anonymous claims or claims that do not allow the User to be identified based on the data he provided during registration, or claims that do not contain the data specified in this paragraph of this Agreement. To resolve technical issues in determining the User’s guilt as a result of his unlawful actions when using the information and telecommunications network “Internet” and the Site, in particular, the Site Owner has the right to independently involve competent independent organizations as experts. If the User is found guilty, the latter is obliged to reimburse the costs of the examination.
7.4. If agreement is not reached between the Parties through negotiations, the dispute arising from this Agreement shall be subject to consideration in a court of general jurisdiction at the location of the Site Owner.
8. Final provisions
8.1. This Agreement comes into force from the moment of acceptance of this offer by the User, is concluded for an indefinite period, regulated and interpreted in accordance with the legislation of the Russian Federation.
8.2. The User agrees that by accessing the Site and using its content, he:
- expresses his unconditional agreement with all the terms of this Agreement and undertakes to comply with them or stop using the Site;
- receives a personal non-exclusive and non-transferable right to use the content of the Site on one computer, provided that neither the User himself nor any other persons with the assistance of the User will copy or modify the software; create programs derived from the software; penetrate software in order to obtain program codes; sell, assign, lease, transfer to third parties in any other form of rights in relation to the software of the services provided by the Site.
8.3. The User agrees to the transfer of Personal Data to third parties, including for the purposes of their processing, to ensure the functioning of the Site, the implementation of affiliate and other programs, provided that the transferred data is subject to a regime similar to the regime existing on the Site, including, but without limitation, the transfer of personal data to persons affiliated with the Site Owner or who have entered into agreements with him, as well as to third parties in cases where such transfer is necessary for the User to use a certain service of the Site or to fulfill a certain agreement or contract with the User.
8.4. Since this Agreement is an offer, by virtue of the current civil legislation of the Russian Federation, the Site Owner has the right to revoke the offer in accordance with Article 436 of the Civil Code of the Russian Federation. In the event of revocation of this agreement by the Site Owner, this agreement is considered terminated from the moment of revocation. The review is carried out by posting the relevant information on the Site.
8.5. The provisions of this Agreement are established, amended and canceled by the Site Owner unilaterally without prior notice. From the moment the new version of the Agreement is posted on the Website, the previous version is considered to have lost its force. In the event of a significant change in the provisions of this Agreement, the Site Owner notifies Users of this by posting a corresponding message on the Site.
8.6. If the User does not agree with the terms of this Agreement, he must immediately delete his Profile from the Site, otherwise the User’s continued use of the Site means that the User agrees with the terms of the Agreement.
8.7. The terms specified in this Agreement in working days are calculated according to the rules established by the Labor Code of the Russian Federation.
8.8. Failure to include in the Agreement any rights and (or) obligations of the User and (or) the Site Owner cannot be considered as a waiver of the exercise of these rights or the fulfillment of these obligations.
8.9. The invalidity of any provision of this Agreement does not entail the invalidity of its other provisions.
8.10. In all other respects that are not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.