1. General terms
2. Status of the Terms of cpaider service use
2.1. cpaider provides access to the Service on the conditions established by these Terms in accordance with the current legislation of the Russian Federation to all interested parties.
2.2. These Terms are a legally binding agreement between the service users and cpaider, establish the terms of the Service use, as well as the rights and obligations of its users and the rightholder; they are located at the network address: cpaider.com.
2.3. These Terms are a public offer in accordance with Art. 437 of the Civil Code of the Russian Federation, the full and unconditional acceptance of the terms of which is considered to be the performance of the implicative actions established by clause 2.3.1. of these Terms. Acceptance of the offer means that you unconditionally agree with all the conditions of these Terms in full and assume the obligation to fully and properly fulfill them.
2.3.1. In accordance with clause 3 of Article 438 of the Civil Code of the Russian Federation, the proper acceptance of these Terms is the implementation of the following implicit actions: putting a symbol in a special fill-in field under the "I agree with the terms of service" heading on the registration form located on the Internet at the filling network address cpaider.com after registration on the Site. and/or use of the Service in any form and in any way. By using our services, you confirm the acceptance of all the conditions described in these Terms.
2.4. The User is obliged to fully familiarize himself with these Terms before using the Service in any form and in any way
2.5. These Terms contain conditions that apply to each and every visitor or user (hereinafter referred to as “User”, “You”) of the Service/Website and/or other services offered by cpaider along with the Service, unless otherwise specified. In case if you order additional services in addition to using the Services provided by the Website (directly via the Website and/or organizations that have a legal basis for their provision) related to the use of the Services (including, but not limited to: services for the unique landing pages design production, advertising services, marketing services), these Terms apply to legal relationships associated with the provision of such services.
2.7. You can visit the Website and/or use the Service only if you fully agree with these Terma. By using the Service, you testify (confirm) your informed consent to these Terms.
2.7.1. If you cannot read these Terms, do not understand them or do not agree with them, you are obliged to leave the Site immediately and not use the Service.
2.8. The Service User is an individual who uses the Service and/or is registered on the Website in accordance with the procedure established by these Terms, who has reached the age permissible for the acceptance of these Terms in accordance with the legislation of the Russian Federation, and has the appropriate powers. If you enter into an agreement as an intermediary or representative of third parties, you must guarantee that you have the right to accept such conditions on behalf of a third party by virtue of the current legislation of the Russian Federation. In this case, the mention of “you” or “your” in the Agreement refers to you and the persons whom which you are authorized to represent in the manner prescribed by law. If you do not have the proper authority and/or you do not agree with these Terms, you agree not to tick the appropriate box during registration and not to use the cpaider service.
2.9. These Terms also apply to relations related to the rights and interests of third parties which are not Users of the Service, but which rights and interests may be affected by the actions of the Service Users.
2.10. In addition to these Terms, the agreement between the User and the cpaider includes all special documents governing the provision of access to the use of certain Service functionality (including its non-activated data and commands) posted in the relevant sections of the Site on the Internet.
3. Possibility of the Agreement conclusion, Requirements for Users In order to enter into this Agreement, you must be an adult in accordance with the legislation of the Russian Federation or have the appropriate consent from your parents or guardians, have the appropriate legal capacity and legal capability for the purposes of acceptance and further implementation of this public offer, not suffer from diseases that prevent from realizing the essentials of these Terms, fully read and understand these Terms, the rights, obligations and guarantees set forth there, as well as observe, comply with and be guided by these Terms when using the Service. You must guarantee the complete absence of circumstances that force you to accept these Terms on extremely unfavorable conditions, your lawful age, availability of legal capacity and required legal capability, the legal consequences of accepting these Terms are fully known and understood by you; you must guarantee the accuracy of the information about having legal grounds for entering into this Agreement in accordance with the legislation of the Russian Federation, you must comply with these requirements of cpaider for Users. In case if you accept these Terms, you confirm and guarantee that you have the ability and legal capacity for being responsible for compliance with all the conditions of these Terms.
4.1. The sole entrepreneur Savchenko A.A., TIN - 236501776777 is meant as the cpaider in these Terms and other special documents posted on the Website
4.2. The entire volume of legally significant documentation in connection with and essentially the use of the Service in pursuance of these Terms shall be sent to the legal address cpaider.
4.3. With regard to the functioning and development of the Service, cpaider is guided by the legislation of the Russian Federation, these Terms and other special documents that are developed or may be developed and adopted by cpaider in order to regulate the provision of users with access to certain functionality of the Site.
4.4. Nothing in these Terms gives the User the right to use the trade name, trademarks, domain names and other distinctive marks of cpaider. The right to use cpaider's trade names, trademarks, domain names and other distinctive marks can only be granted by written agreement with cpaider.
5. Registration, Password, Personal Information and Account
5.1. Registration of the User on the Website is free of charge, voluntary and is done at the address on the Internet: cpaider.com.
5.2. When registering on the Website, the User is obliged to provide the cpaider with the necessary reliable and up-to-date information in order to form the User's Account, including the login and password for access to the Website, each User has unique login and password. The User may be asked to provide an additional information for the Website registration form.
5.3. The user is responsible for the accuracy, relevance, completeness and compliance with the legislation of the Russian Federation of the information provided during registration and its purity from third party claims. The user undertakes not to mislead the cpaider and/or any third parties in any way. Moreover, the Customer does not have the right to register on the Website and / or create landing pages on behalf of another person, or use the name of another person. The user undertakes to independently and fully bear the responsibility established by the current legislation of the Russian Federation on non-compliance/improper compliance with the requirements established by this paragraph of the Terms.
5.4. When registering, the User agrees with these Terms and assumes the rights and obligations specified related to the use and operation of the Website. By accepting these Terms, the User agrees to receive electronic messages, sms and other types of newsletters, including advertising and information, content, including from partners cpaider via the cpaider service and/or third-party services. By providing us with your e-mail, you agree to receive all necessary electronic information notifications and advertising information to this address. It is your responsibility to update or change this address when necessary.
5.5. The processing of the User's personal data is performed in accordance with the legislation of the Russian Federation. The disclosure of the information provided by the User may also be carried out at the request of the court, law enforcement authorities, as well as in other cases as required by the legislation of the Russian Federation.
5.6. The username and password chosen by the User is a necessary and sufficient information for the User to access the Website. The user does not have the right to transfer his username and password to third parties and the User bears full responsibility for their safety, independently choosing the method of their storage. You agree and understand that you are solely and fully responsible for maintaining the confidentiality of your password, which allows you to have access to the Services together with your e-mail address (email). The password and email address, including any provided user information, constitutes your personal data (hereinafter referred to as “Personal Data”) and allows you to access your cpaider service account (hereinafter referred to as “Account”). You warrant and agree that you provide true, accurate, current and complete information about yourself in the “Personal Data” section, in respect of which you are the sole and exclusive rightholder. You guarantee and agree that you are fully and solely responsible for all actions performed from your User Account and/or the User's landing pages (including for all assurances, warranties and obligations made or assumed via the Service or the User's landing page), regardless of whether you allowed these actions or not, as well as for any damage, costs and losses that may arise as a result of these actions. In case if the use of the Service by the User was the basis for any claims, demands, claims and/or orders from the state and regulatory authorities and/or third parties to cpaider related to violation of the legislation of the Russian Federation and/or the requirements of the legislation of others countries, as well as the terms of international law, the User undertakes to provide all the requested information regarding the substance of the violation, to assist in the settlement of such claims and claims, as well as to reimburse the entire amount of losses (including (including but not limited to) legal expenses, costs of payment of fines and other payments, loss of profits) inflicted on the cpaider as a result of such claims immediately at the first request of the cpaider.
5.7. Any actions performed with the User’s login and password are considered committed by the relevant User. In case of unauthorized access to the login and password and/or the User's personal account or distribution of the login and password, the User is obliged to immediately inform the cpaider about this situation the prescribed manner. The right to enter into the Account and use the Services is personal to You and cannot be transferred to third parties or organizations. You guarantee that You will not share your password with any third party. You are fully responsible for any actions performed at your account and/or using your Personal Data. You must immediately notify the cpaider support service in case of unauthorized access to your Personal Data or to your Account.
5.8. cpaider reserves the right to establish ownership of the User Account at its own discretion, whether via independent verification or not. However, if we come to the conclusion that we are unable to identify the owner, cpaider reserves the right not to grant ownership of the User Account and is not responsible for this decision to you or to third parties.
6. Payment terms
6.1. You agree to pay for the services of the cpaider service in accordance with the terms of the relevant public offer posted on the Website as well as in another manner established by the cpaider.
6.2. The User pays the cost of the cpaider services provided to the User on a reimbursable basis for execution of the relevant offer and/or Agreement by transferring funds in Russian rubles to the Current Account or by transferring funds to the Paying Agent indicated on the Website in the manner and on the terms of 100% prepayment for the relevant services.
6.3. The User's obligation to pay for the relevant services is considered to be properly fulfilled from the moment the funds are received on the cpaider Current account.
6.4. cpaider has the right in the manner prescribed by clause 2.11. of these Rules, at any time and for any reason unilaterally change the cost of the Service. When the cost of the services of the Service changes, the provision of services already paid by the User takes place in accordance with the revision and the price of the corresponding service of the Service in effect at the time of payment for the corresponding service of the Service.
6.5. We may provide free or discounted use of the Services included in the cpaider (by the "Trial Account" or "Trial Account" program) at our discretion,. You agree to abide by any additional terms and conditions imposed on the Trial Account program. You are not allowed to use multiple accounts within the Trial Account program.
6.6. The User does not have the right to demand a refund of the funds paid in favor of the cpaider in connection with the use of the Service in the event of an early termination of the interaction of the Parties and agrees to consider them actually incurred by the cpaider in connection with the provision of cpaider services.
6.7. In cases where the provision of the Service has become impossible due to the actions or omissions of the User, cpaider reserves the right to withhold the funds paid by you.
6.8. cpaider has the right to refuse to provide services in favor of the User unilaterally without notification at any time with the deduction of the funds paid by you in the performance of such services of the Service in full, if you fail to fulfill your obligations specified in these Rules.
7. Requirements for the information provided
7.1. The Website and its Services allow to distribute and download information (including, but not limited to: text, images, video materials and other types of information types (hereinafter referred to as “Information”) for use in the process of working with the Services. You are aware and agree that it is you who is fully and solely responsible for any distributed and uploaded information, which will be published and used by you via the cpaider service, including all the consequences that may be caused by these actions. You contend and guarantee that you are the rightholder of the distributed and downloadable Information or that you own the necessary licenses, rights, agreements and permissions to grant the relevant rights described in this provision which allow the cpaider service to use the Information without violating copyright, privacy rights, trademark rights, contractual rights or any other intellectual property rights or other rights of any person or entity. cpaider provides logos and trademarks and other company designations for trial use and checking the display of the generated pages. These logos and trademarks and other designations are not intended to be used. If you want to post someone else's trademark, logo, or other information, you must obtain the permission of the owner's company.
7.2. You undertake to ensure the good faith and reliability of the information data coming from you, to indicate on the Website only reliable information that fully complies with the requirements of the current legislation of the Russian Federation, the actual case circumstances and in no way mislead the cpaider and/or any third parties. You undertake to independently and fully bear responsibility established by the current legislation of the Russian Federation for non-compliance/improper compliance with the requirements prescribed by this paragraph of the Terms.
7.3. You agree to fulfill all obligations arising from you to third parties as a result of using the Website or services as well as to settle the related claims of third parties independently and at your own expense.
7.4. The User undertakes to use the results of the services in connection with the use of the Service, as well as to use the services in full compliance with the requirements and norms of the current legislation of the Russian Federation, also ensuring the compliance of the service content of the service with the norms of the current legislation of the Russian Federation, including the norms of copyright and other intellectual property rights, advertising, operating on the territory of the Russian Federation, legislation on the protection of individual rights, religious and social beliefs, national dignity, as well as international law and independently and in full to bear responsibility established by the current legislation of the Russian Federation and norms of international law for non-compliance / improper compliance with the requirements prescribed by this paragraph of the Agreement.
7.5. In the event that the use of the Service by the User was the basis for any claims, demands and / or orders submitted to cpaider from the state and regulatory authorities and/or third parties related to violation of the legislation of the Russian Federation and/or the requirements of the legislation of other countries as well as the norms of international, you undertake immediately, at our first request, to provide us with all the requested information regarding the substance of the violation, to assist resolving such claims, as well as to reimburse the entire amount of losses (including, but not limited to) legal costs, costs of payment of fines and other payments, loss of profits) caused by the cpaider as a result of such claims.
7.6. The cpaider service will use your uploaded Information only for working with the Services without any other use. During the use of the Services, you acknowledge that you grant cpaider the rights to use, reproduce, store, process, display all or only part of the Information (at cpaider's sole discretion) by downloading or transferring any Information the Website in any way. This license includes the rights to hosting, indexing, caching or any other actions with your Information provided to the cpaider service.
7.7. If you plan to advertise and/or generate traffic to your landing pages via GoogleAdwords, Yandex.Direct, Begun, Facebook, MSN or any other contextual or banner advertising system, you need to familiarize yourself with the requirements of these systems regarding ads, advertised products or services: Google https://support.google.com/adwordspolicy/answer/6008942 Yandex.Direct: https://yandex.ru/support/direct/required-docs-rules/adv-rules.xml Runner (Begun): //begun.ru/advertiser/advertiserhelp/catalog_detail.php?SECTION_ID=22 Facebook Ads: https://en-us.facebook.com/policies/ads Microsoft Advertising: https://advertise.bingads.microsoft.com/en-us/resources/bing-ads-policies If the above list does not include the system that you use for the designated purposes, please read its requirements in the appropriate section on the main website of this contextual and/or banner advertising system.
7.8. cpaider reserves the right to conduct its own assessment of contextual advertising systems at any time and at its sole discretion in order to ensure that each system meets the relevant requirements and to determine the main factors affecting the ranking of ads and advertising campaigns. You agree and guarantee that you are aware of the necessary requirements for the display of your pages or the ads associated with them and agree to comply with these requirements. Otherwise, your pages may be unilaterally and forcibly (by the forces of cpaider and without your consent) censored, corrected or deleted by cpaider without notification at the request of a third party or in the absence of such, representing the interests of one of the systems. In this case, cpaider does not take any responsibility for such forced review/deletion, etc. neither before the User, before any third party, and You have no right to lay claims in relation to cpaider on the merits of the above actions. In particular, the terms of some contextual and banner advertising systems have some restrictions on impressions in certain geographic regions and other working nuances which also does not depend on the cpaider service.
7.8.1. All consultations by cpaider in favor of Users are purely non-regulatory. cpaider does not guarantee that the User will achieve any result and is not responsible for the unfavorable economic consequences of the implementation of the consultations provided by cpaider to the User.
7.9. All the landing pages of the Users are subject to mandatory post-moderation by the forces and at the discretion of the cpaider and can be deactivated /deleted unilaterally and without notification of User in case of violation of any of the conditions of these Terms and/or on other grounds, independently established by the cpaider, regardless of the reasons for their occurrence. In case if the User eliminates the violations identified by cpaider within 24 hours from the moment of their detection, the cpaider has the right to restore the User's access to the services and the landing page in the terms and in the manner established by cpaider at its own discretion.
7.10. cpaider reserves the right to use and distribute any “Aggregate Data” received by our clients or users in any form and in any way without the consent of the User. “Aggregate Data” means the records that have been devoid of unique identifiers for potential customers identification, landing pages or end users and that have been modified or combined in order to provide aggregated anonymous information.
8. Intellectual property rights
8.1. All rights, legal titles, interests and ownership rights, intellectual property rights in relation to the cpaider trademarks and the Website (including, but not limited to: "appearance" (i.e. design elements, text, graphics, images, logo, illustrations, scripts, programs, buttons, icons, their placement), images, video and audio materials, sounds, other multimedia, data, content, software (including HTML-based computer programs), source and object codes and other media data, materials or information, landing page templates, widgets, interfaces, algorithms, interactive components and objects, domains, individual web addresses, trademarks, service marks, trade names and other proprietary identifiers, regardless of whether they are registered and/or are subject to registration, except Your information (jointly - "Intellectual Property"), is and will remain the property of cpaider or its software/content suppliers, objects of exclusive rights of cpaider and other rightholders, all rights to these objects are protected in accordance with the law
8.2. Subject to your compliance with these Terms and timely payment of the established fee, cpaider grants you a non-exclusive, non-transferable and sublicense revocable limited license to use the services to create and display the User's landing page to the End users. During the term of this Agreement, cpaider grants you a non-transferable, non-exclusive, limited for the purpose of use, the right to access and use the services in accordance with the terms of the public offer posted on the Website for your acceptance.
8.3. Any data and information received by you when using the Website and/or Services during the validity period of these Terms are the property of cpaider. You may not disclose any test results or performance information in relation to the Website or Services to third parties, unless this has been expressly authorized by cpaider on the basis of cpaider's written consent.
8.4. These Terms do not provide for and do not allow the transfer of cpaider’s Intellectual property rights or their part, except for a limited license which is granted on the basis of the above-mentioned. None of the Terms provisions constitute an assignment of cpaider Intellectual property rights or a waiver of these rights on the basis of the current legislation of the Russian Federation.
9. Confidential information
9.1. You undertake to protect, maintain confidentiality and not disclose any Confidential Information provided by the cpaider service to third parties during the term of this Agreement, after the expiration or the early termination of these Terms without any time limit. "Confidential information" is an information of any nature (industrial, technical, economic, organizational and others), including the results of intellectual activity in the scientific and technical field as well as information about the methods of professional activities that have actual or potential commercial value by virtue of non-public nature, where third parties do not have free access on a legal basis (including, but not limited to: any business plans, customer lists, procedure operations, commercial secrets, calculation formulas and program code, know-how and processes, computer programs and inventions, discoveries and improvements of any kind). In particular, the Confidential Information under the direct instruction of this clause (without the need to put the Confidentiality Label on the Information Carrier) includes the entire amount of information received by the User as a result of access to the Service / using the Website. For the purposes of the proper interpretation of these Terms, the User undertakes to consider the disclosure of confidential information in accordance with these Terms of the User's action or inaction, as a result of which the Confidential Information of cpaider becomes known to third parties in any possible form (oral, written, electronic message, other form, including using technical means) without the written consent of the Transferring Party. The user who has committed the loss or disclosure of Confidential Information in any form and in any way is liable in the form of a fine in the amount of 100,000 (one hundred thousand) rubles for each case of loss or disclosure of Confidential Information as well as in the form of compensation for damages to the cpaider in the form of direct damage and loss of benefit in full in excess of the fine.
10. Acceptable use and management
10.1. You guarantee that you will not download, publish, distribute, store, provide access under any circumstances or in any other way use Information that:
infringes, violates, or misappropriates the intellectual property of any third party or its property rights, as well as may violate the rights and interests of others in any other way, the User is prohibited from illegally uploading, storing, publishing, distributing and providing access or otherwise using intellectual property Users and third parties;
contains computer viruses, trojans or any other harmful computer code, files or programs created to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. It is forbidden to download, store, publish, distribute and provide access or otherwise use viruses, Trojans and other malicious programs;
misleads, deceives or promotes illegal activities, including participation in spoofing or other campaigns for obtaining financial or personal information, misleading for fraudulent or other illegal purposes; contains threats, discredits, offends, disgraces honor and dignity or business reputation or violates the privacy of other Users or third parties;
distributes inaccurate, false information, slanders of discredits, threatens, promotes violence, persecutes, harms or commits any other actions with fraudulent intent in relation to any natural person or legal entity or organization, may be considered defamatory or compromising, threatening, abusive, harmful to any individual or organizationcor encroaching on someone else's privacy;
is harmful, unacceptable for minors in any form, violates the rights of minors;
is unacceptable and discriminatory on the basis of race, color, sex, religion, citizenship, ethnic or national origin, marital status, disability, sexual orientation, age or other reasons, promotes and/or contributes to the incitement of racial, religious, ethnic hatred or enmity, promotes fascism or racial superiority ideology;
positions you as a cpaider employee or any other natural person or legal entity or otherwise misrepresent its affiliation with any other natural person or legal entity in order to gain access to the Website or part of it without permission;
hinders or tries to hinder the normal operation of the Website or prevents others from using it or acts in such a way as to disrupt the normal information processing with the help of an excessive number of messages (flood attack) on the Website or otherwise negatively affects the ability of others to use the Website, accidentally or intentionally violates, reduces quality, interferes with performance or degrades the functionality of the Website or any other site or system that is used by any other cpaider user. It is forbidden to use the software and take actions aimed at disrupting the normal functioning of the Website/Service or the landing pages of other Users;
uses any manual or automated means, including agents, robots, scripts or “spiders” in order to monitor or copy the Website or its contents;
contributes to the illegal distribution of copyrighted information;
grants licenses, sub-licenses, rights to rent or lease the Services to third parties, uses the Services for training third parties, for temporary commercial use or as a management service or otherwise makes the Services available to third parties or in any other way use the Services in commercial way, unless otherwise is not covered by the relevant agreement with cpaider. It is forbidden to reproduce, duplicate, copy, sell, trade and resell access to the use of the Website including its non-activated data and commands for any purpose, unless such actions were expressly permitted to the User in accordance with the terms of a separate written agreement with cpaider;
includes Personal data or identifying information about another person including photo and video content, the use of deceptive email or IP addresses or fake headers or otherwise manipulate identifiers without the corresponding right in order to hide the origin of the Information transmitted via Website for users; represents or contains advertising or imposition of services for users who have requested not to notify them about such services or products. It is forbidden to send mass messages to other Website Users without their consent;
contains advertisements or describes the attractiveness of doing drugs, including "digital drugs" (sound files that affect the human brain through binaural beats), information about the distribution of drugs, recipes for their manufacture and tips for use;
collects, uses or discloses data, including Personal information about users without their consent for illegal purposes or in violation of applicable laws and regulations. It is forbidden to collect and process the personal data of other users in illegal way;
is a request or demand or is otherwise aimed at gaining access to usernames, passwords or other User data from the Website in order to automate the entry to the Website. Trying to gain access to the login and password of another / other User (s) in any way, including, but not limited to, by deception, abuse of trust, hacking is forbidden;
is aimed at creating landing pages that are confusingly similar to any network resource with the aim of taking over user data in order to obtain unauthorized access to such a resource by persuasion, deception and/or any other way (spoofing);
aims to gain unauthorized access to cpaider computer systems or participate in any activity that undermines, reduces quality, interferes with the performance or degrades the functionality of the Website;
is Information of a pornographic, vulgar or obscene nature, contains pornographic images and texts or scenes of a sexual nature with the participation of minors or other similar content;
is aimed at gaining access to the source code of the programs underlying the Website, Services or any other cpaider technology; is aimed at copying, archiving, storing, reproducing, rearranging, modifying, downloading, demonstrating, distributing any part of the Website. It is forbidden to use automated scripts (programs, bots, crawlers) to collect information on the Website and / or interact with the Website and its functionality without the special written permission of cpaider;
aims to gain access to the Website in order to create a product that uses similar or similar ideas, capabilities, functions, interface or design as those presented on the Website;
aims to gain access to the Website in order to monitor its capabilities, interface, performance or functionality, or for any other competitive or benchmarking purpose;
aims to gain access to the Website to download any Information or computer code for the following purposes: (1) breaches of the Website's security; (2) interfering with the working state, functionality and performance of the Website or (3) restricting access or use of the Website for other users;
is placed as the main element of the call for an action (button), a direct link for downloading the executable file (.exe, .jar, etc.);
contains scenes of inhuman treatment of animals;
contains a description of the means and methods of suicide, any incitement for its commitment;
contains extremist materials;
promotes criminal activity or contains advice, instructions or guidelines for committing criminal acts;
contains confidential information, including, but not limited to, state and commercial secrets, information about the private life of third parties;
violates other rights and interests of citizens and legal entities or the requirements of the legislation of the Russian Federation;
It is forbidden to use the Website in any other way except the interface provided by cpaider, with the exception of cases when such actions were expressly permitted to the User in accordance with a separate agreement with cpaider;
any other information that, according to the personal opinion of cpaider, is undesirable, does not correspond to the purposes of creating the Website, infringes on the interests of Users, or for other reasons is undesirable for posting on the Website. This opinion is not subject to dispute by the User;
in any other way contradict the requirements of the current legislation of the Russian Federation and the norms of international law. 11. Disclaimer
11.1. Users are responsible for their own actions in connection with the creation and posting of information on the Website independently, unconditionally, solely and in full, in accordance with the current legislation of the Russian Federation. Violation of these Terms and the current legislation of the Russian Federation entails civil, administrative and criminal liability.
11.2. cpaider provides the technical opportunity for its use by the Users, does not participate in the formation of the Users 'content and does not control and is not responsible for the actions or inaction of any persons in relation to the use of the Website or the formation and use of the content of the users' landing pages on the Website.
11.3. cpaider provides the services "As is" (ASIS) and "With all faults", without any guarantees, including explicit and implied guarantees or conditions of marketability, suitability for a specific purpose, quality performance, absence of violations and other guarantees. You hereby acknowledge and guarantee that any software (including the software underlying the Website) is not free from errors. You assume ALL risks (without exception) associated with the use of the Website and its Services. cpaider makes no warranties regarding the Website, neither explicit, nor implied (including, but not limited to: guarantees and conditions of suitability for Your specific purposes, accuracy, completeness, performance, system integration, normal use, implied guarantees of commercial success or guarantees of non-violation of the legislation).
In particular, we do not represent or guarantee that the cpaider Services (or any part/component of the services) are complete, accurate, reliable or safe, correspond to a certain quality, are suitable for your planned activities, devices, operating systems, browsers, software or tools (or planned activities, devices, operating systems, browsers, software or tools of your End Users) or are compatible with them (or that they will continue to be the same), that they comply with the laws that apply to you or your End Users (including the jurisdiction in which you carry out your actions), or will function in the absence of viruses, software errors and other malicious components and software restrictions. In addition, cpaider does not recommend any persons, products or services (including third party Services) mentioned in the cpaider Services or provided via the cpaider Services - therefore you are obliged to check them before using or otherwise involving.
cpaider does not guarantee that the Website or any of its contents (including, but not limited to: any software) will meet your requirements or will function continuously, at the necessary time, safely and without errors, that problems will be fixed or that the Website or its servers that enable the Website to operate do not contain viruses or other harmful components. You agree that the cpaider may terminate your access to the Website for an indefinite period at any time without prior notice and in a peremptory. Your access to the use of the Website may be terminated for any reason that cpaider deems sufficient to cause such termination (including, but not limited to: equipment malfunction, periodic updates, maintenance or repair of the Website or other measures that the cpaider may take up in its sole discretion, the actions of third parties for which cpaider is not responsible and does not control). cpaider does no provide guarantees about: (1) the number, timing and transmission of any clicks or impressions in relation to any Information (including data from a third party) or advertising on the Website; (2) the compatibility of your software and hardware or the Website content.
cpaider is not responsible for violation of these Terms by the User and reserves the right to change (moderate), block or delete any information published by the User that violates the prohibitions established by these Terms to suspend, restrict or terminate the User's access to all or any of the sections or functionality of the Website at cpaider’s sole discretion, as well as upon receiving information from other users or third parties about the User's violation of these Terms at any time for any reason or without disclosing the reasons, unilaterally and without prior notice to the User. cpaider reserves the right to remove the User's landing page and/or suspend, restrict or terminate the User's access to any of the Website functionality in case if cpaider detects that the User poses a threat to the Website and / or its Users (in its opinion). cpaider implements the above-mentioned measures in accordance with applicable law and under no circumstances is responsible before the User or third parties for the possible negative consequences of such measures.
Deletion of the User's personal page means the automatic deletion of all posted information posted as well as all User information entered during registration on the Website. The User loses access to the Website after deletion of the personal page.
11.4. cpaider is not engaged in preliminary moderation or censorship of User information and takes action to protect the rights and interests of individuals and ensure compliance with the requirements of the legislation of the Russian Federation only after the interested person has contacted cpaider in the prescribed manner. There are no technical solutions the in the information system of the Website and its software that automatically censor and control the actions and information relations of Users during the use of the Website, Acting in its sole discretion, cpaider may (but is not obliged) to view, control and / or edit the landing page, User account and / or User Content at any time and for any reason, without any prior and/or other notice to the User. Without regard to any provisions to the contrary set out above, cpaider cannot be considered as “the User Content publisher” under no circumstances, does not recommend the User’s content and assumes no responsibility in relation to User content uploaded, posted, published and (or) provided by any User or other person on the Service or via the cpaider Services, for its loss or deletion or for causing damage to it, as well as for losses, damage, costs or expenses incurred by You or other persons as a result of publishing, gaining access to the User's Content and (or) using it or in connection with the above-mentioned actions. In addition, cpaider is not liable for errors, defamation, false or obscene information, pornography, provocation and (or) other illegal and (or) copyright infringing User Content.
11.5. You acknowledge the existence of risks associated with the use of the cpaider Services and (or) connecting and (or) working with the Services of third parties through the cpaider Services or related to them; You confirm that cpaider cannot (and does not) guarantee the specific results of such use and (or) interaction, and that you hereby assume all the stated risks, obligations and (or) liability for any harm/damage that might be caused in connection with such an interaction and/or as a result of such an interaction. The outlined risks may include, but is not limited to, misrepresentation of information about the Services of third parties and (or) by the Services of third parties and / or misrepresentation of information about the Licensed Content, violation of warranty and (or) contractual obligations, violation of rights and subsequent claims. cpaider is not responsible for ensuring the safety and integrity of your content as well as for the risks associated with violation of rights in relation to such a content or inflicting losses to it. Your use of the Website and its contents (in whole or in part), data related to the it (including any Information uploaded by You), any software or data obtained from third parties is carried out under your full and sole responsibility at your own risk.
11.6. cpaider is not responsible for any actions, omissions or shortcomings of service providers, services, networks, software or equipment (including, but not limited to: internet providers, hosting sites used by cpaider, telecom operators, Information provided by other users or any software or hardware not provided by the cpaider service). You are solely responsible for ensuring that the Information posted by You is compatible with the Website. cpaider assumes no obligation or liability for any unauthorized use of your Information by third parties or other Website users and is not responsible for protection of your Information. Any material downloaded or obtained via the Website in any other way can be used by You at Your own discretion and risk; you are responsible for any damage caused to your computer system/other device or for loss of data as a result of downloading any of the above-mentioned material ... cpaider is not liable for any consequences and sanctions from third parties, including the termination of access or ban (blocking) of your account in one or more contextual or banner advertising systems due to Your landing page content. No advice or information, either orally or in writing, received by you from cpaider or via the Website, does not provide guarantees not expressly stated in these Terms. cpaider does not guarantee that the Website is suitable or acceptable for use in countries apart from the Russian Federation. Those persons who have access and can use the Website from other jurisdictions may use it at their own desire and discretion and are responsible for compliance with local laws.
11.7. cpaider reserves the right to change the design of the Website, its content, functionality, change or supplement the scripts used, software and other objects used or stored on the Website, any server applications at any time on an everyday basis without prior notice to Users. cpaider has the right to send an information about the Website development and its functionality, as well as advertise its own activities.
11.8. Under no circumstances will the cpaider or its representatives be liable to Users or to any third parties for any direct, indirect, incidental, unintentional damage, including lost profits or data, damage to honor, dignity or business reputation caused in connection with using the Service, the content of the Website or other materials to which You or any other person gained access via the Website, even if the cpaider warned or indicated the possibility of such harm.
12. Liability limitation
12.1. You acknowledge and agree that in case of violation of these Terms, cpaider and/or its affiliate, contractor, employee, founder, official body or agent shall not be liable to you or any third party, including those acting on your behalf, for any direct and/or indirect damages, incidental, special, punitive or similar damages, (including but not limited to: loss of profit, reputation, capabilities, data and other non-material damages, damage to equipment or devices occurred within the framework of these Terms, Your use or inability to use the Website, events directly beyond the control of the cpaider, including Internet or equipment failures, power outages, strikes, labor disputes, riots, rebellions, social unrest, lack of manpower or materials, fires, floods, hurricanes, earthquakes, explosions, natural disasters, wars, terrorist attacks, intergalactic battles, government actions, orders of courts, government agencies or tribunals or failure to perform obligations by third parties, or for any damage arising from or related to these Terms or any package of services. The cpaider's liability under this Agreement is in any case limited to the lesser of: (1) RUR 3,000; (2) the total amount paid to the cpaider service in the 1 month, immediately preceding the loss or damage. You acknowledge and agree that this liability limitation is a distribution of risks agreed between the parties, which is, in part, a reciprocal provision for the services of the Service you received, and this limitation will apply even if the cpaider has been warned about the possibility of corresponding liability. The limitations of liability described above also apply to any damage arising from any content, information or services provided by third-party websites, or otherwise provided by a third party other than the cpaider Service, and received by you via the Website or advertised on the Website or received by you on the websites of any third parties. You agree that the cpaider is not responsible for loss or damage of any kind incurred as a result of any interaction or collaboration with advertisers or as a result of the presence of such advertisers on the Site.
12.2. cpaider reserves the right to change, suspend or terminate the operation of the Website and/or Services, or any part thereof, with or without prior notice at any time and for any reason, including but not limited to (non-compliance with the terms of this Agreement, violation of the current legislation of the Russian Federation, other violations). cpaider will not be liable for any damage, liability, loss or any other negative consequences that You may incur as a result of such a change, suspension or termination of the activity.
12.3. The commission by a third party (third parties) of an action or series of actions aimed at destabilizing the functioning of the user's landing page (including committing a DDoS attack) is recognized as a force majeure circumstance in accordance with the terms of paragraph 3 of Art. 401 of the Civil Code of the Russian Federation. In order to ensure the cpaider service operation, we have the right to temporarily suspend the functioning of the landing page in relation to which the specified action was taken until the elimination of the corresponding reasons. With each subsequent occurrence of such circumstances, cpaider reserves the right to apply the mentioned measure. In this case, the user is suggested to connect a special protection system against DDos attacks in relation to the landing page of which the specified actions are systematically performed.
13.1. You agree to avoid and prevent harm to cpaider service, its subsidiaries, affiliates, partners, producers, and all third-party advertisers, equipment suppliers, service providers and other partners and each of their respective officers, directors, agents, shareholders, members, employees and representatives, to prevent the lodging complaints and claims from third party arising out of or in relation with this Agreement (including, but not limited to: Your use, non-use, misuse or access to the Website, Services and any Information including, without limitation, Your Information and third party material included in the Website; Your violation or alleged violation of this Agreement; Your violation of any law, including intellectual property rights in relation to a third party) and to reimburse the third parties for any damages, losses, debts, costs and expenses (including court and legal costs) arising, occurring, or incurred as a result of: (1) violation of the provisions of these Terms or other cpaider Conditions; (2) violation of third party rights, including copyright or proprietary rights or privacy rights in connection with your User Website or User Content and (or) as a result of your use of the Service; and (or) (3) other kinds of claims caused by infliction of harm by You and/or Your content in relation to third parties; (4) Your violation of applicable international legislation and the legislation of the Russian Federation in connection with the implementation of this interaction.
14.1. You have the right to annul your Account at any time. To do this, you must submit a written application for closing your account in the cpaider system to the email specified at cpaider.com
14.2. cpaider has no obligation to store your Information and may delete your Account and Your Information immediately after the termination of your Account, as well as on other grounds established by these Terms. cpaider may retain your Account and Information upon termination or downgrade of your Account in its sole discretion.
14.3. cpaider reserves the right to terminate this Agreement at its sole discretion at any time, unilaterally and without notice, for any reason (including, but not limited to: non-compliance with the terms of this Agreement, non-compliance with the legislation of the Russian Federation and other violations). cpaider also reserves the right to deny access to anyone (including, but not limited to: those users who use proxy servers and/or IP addresses located in certain geographic areas outside of Russia and the CIS countries).
14.4. cpaider reserves the right to disable any part of the Website at any time and for any reason with or without notification to the User (at its sole discretion).
15. Sending advertising content by e-mail (SPAM)
15.1. You guarantee that you will not distribute, publish, transmit or contribute to the sending of unsolicited mass mailings, including commercial advertising and informational messages. You will not change or hide the message headers or sign using "fake" data or collect responses to messages sent from another Internet service provider if those messages violate this term or the terms of cooperation of this service. In case of failure to comply with this rule will result in blocking your account as this requirement is set in the cpaider servers.
16. Final provisions
16.1. The User undertakes to comply with the provisions of the current legislation of the Russian Federation, international legislation, these Terms and other cpaider special documents.
16.2. if there are doubts about the legality of certain actions, including posting information or providing access, cpaider recommends you to refrain from performing such actions.
16.3. These Terms are regulated and interpreted in accordance with the legislation of the Russian Federation. Issues not regulated by the Terms, as well as the issues in connection with the use of the Service/Website and the execution of these Terms are subject to settlement in accordance with the legislation of the Russian Federation.
16.4. In the event of any disputes or disagreements related to the implementation of these Terms, the User and cpaider will make every effort to resolve them by means of negotiations. The disputes shall be resolved in accordance with the procedure established by the current legislation of the Russian Federation in case if such disputes are not resolved by means of negotiations. If the Parties do not come to an agreement on the arise claims and/or disagreements, the dispute is subject to transfer to the Arbitration court of Rostov-on-don.
16.5. These Terms come into force for the user from the moment of User’s affiliation to them (acceptance of these Terms by the User) in the order established by these Terms and are valid for an indefinite period.
16.6. the User undertakes to get acquainted with the current version of these Terms every time of visiting the Website before and during the entire period of using the Services.