Terms of Service
Effective Date: March 9, 2021
Acceptance of Terms
Welcome to the Kaver mobile application. This project contains all the events of the city organized by both small communities and large organizers. Also, it is possible to create your own business card for people engaged in creative work.
The Kaver mobile application is a platform that allows Users and Organizers at their own risk, place proposals addressed to an indefinite set of people for holding events. etc. for which they are authorized to dispose (make offers), and Users to accept under their own responsibility the proposals posted in the Kaver mobile application.
The Administration of the Kaver mobile application is not an organizer of events, etc., is not an intermediary, agent or representative of any User, Organizer and/or other interested party with regard to the offered information. All information and events represented in the Kaver mobile application are performed without the direct or indirect participation of the Kaver mobile application Administration.
1. Glossary of terms
The terms specified hereinafter in this User Agreement, have the following meaning:
1.1. The Kaver mobile application is a resource that is a combination of information and intellectual property objects contained in an information system (including a computer program, database, graphical interface design, etc.), access to which is provided from various user devices connected to the Internet.
1.2. The Administration of the application is "Ochen NaDom LLC", a legal person duly registered in accordance with the current legislation of the Russian Federation.
1.3. The User - a visitor to the Internet resources, including the Kaver mobile application.
1.4. Organizer - in the context of the application (event organizer), a user who can independently post information about events.
1.5. The User Agreement — this Agreement, the rules for posting information and other rules and documents regulating the operation of the application or determining the process for using the Services hosted in the application.
1.6. Services — functionality, services, tools available to Users of the application.
1.7. Authorization - a set of actions in accordance with the instructions specified in the Kaver mobile application, including the provision of the Login information and other information, performed using a special form of the user interface of the Application in order to form a Personal Profile and gain access to individual Services of the Kaver mobile application.
1.8. Personal Profile is a personal section connected with an account in which management of individual application Services is available, including profile editing, viewing past and upcoming events, viewing profiles of organizers, on the terms proposed by the Administration.
1.9. Uploaded Information is any data and information uploaded to the Kaver mobile application. No one has the right to upload copyrighted materials to the Application (except for the presence of legal grounds for certain actions).
2.2. These Terms are a legally binding agreement between the User, the Organizer and the Administration of the application, whereby the Application Administration provides services for the User, the Organizer regarding the use of the Application and its services. In addition to these Terms, the agreement between the User, the Organizer and the Site Administration includes all special documents regulating the provision of access to the use of individual application functionality (including its non-activated data and commands), placed in the relevant sections of the application.
2.3. The User, the Organizer is obliged to be fully aware of these Terms before registering at the Application. The User’s, the Organizer’s registration at the Application means full and unconditional acceptance of these Terms by the User, the Organizer in accordance with Article 438 of the Russian Federation Civil Code.
2.4. The Application Administration may make changes and/or additions to these Terms unilaterally without any special notification. These Terms are an open document accessible to the general public. The current version of the Terms is available on the Internet at http://цг.рф. The Application Administration recommends that the Users, the Organizers check the conditions of these Terms regularly for changes and/or additions. The continuation of use of the Application by the User, the Organizer after changes and/or additions are made to these Terms will mean the User’s, the Organizer’s agreement with and acceptance of such changes and/or additions.
3. Status of the Kaver application
3.1. The Application Administration is the owner of Kaver application. The Application Administration makes the Application available to all persons concerned in accordance with these Terms and effective Russian legislation.
3.2. These Terms establish conditions in accordance with which the rights to use information and intellectual activity results (including, without limitation, literary, musical, audio and visual works and sound records, graphic and design works, photo works, software) within individual sections of the Application may belong to the Application Users, Organizers and other persons which have independently created and/or posted these items on the Application without direct participation of the Application Administration.
4. Kaver application Administration
4.1. In these Terms and other special documents, the Application Administration (hereinbefore and hereinafter the Application Administration or Administration) is understood as "Ochen NaDom LLC", a legal entity created under the laws of the Russian Federation and registered at prem. 2, bld. 15, Bakinsky st., Kemerovo, Russia, 650002, TIN: 42053661262, PSRN: 1184205004170.
4.2. The applications, suggestions and claims of individuals and legal entities to the Application Administration in connection with these Terms and all issues regarding the Application operation, infringement of rights and interests of third parties in the process of its use as well as the inquiries of the persons authorized by Russian legislation may be sent to the mailing address specified in clause 4.1 hereof.
4.3. As regards the Application operation and development, the Administration abides by effective Russian legislation, other applicable/relevant legislation, these Terms and other special documents which were or may be developed and adopted by the Application Administration in order to regulate the provision of individual Application services to the Users, the Organizers.
4.4. No provisions of these Terms grant the User, the Organizer the right to use the brand name, trademarks, domain name or other distinctive marks of the Application Administration. The right to use the brand name, trademarks, domain names and other distinctive marks of the Application Administration may be granted only as agreed in writing with the Application Administration.
5. Registration at the Kaver application and the User’s, the Organizer’s Status
5.1. User, Organizer registration on the Application is free and voluntary.
5.2. The User, Organizer is a natural or legal person authorized in the Application in accordance with the procedure established by these Terms, which has reached the age allowed in accordance with the legislation of the Russian Federation for accepting these Terms, and has the appropriate authority (hereinbefore and hereinafter the User, the Organizer).
5.3. When registering in to the Application, the User, the Organizer must provide the Administration with the necessary reliable and up-to-date information to form a personal profile of the User, the Organizer, including a login and password unique for each User, the Organizer, as well as the surname and first name. The registration form of the Application may request additional information from the User, the Organizer.
5.4. The User, the Organizer 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.
5.5. When registration, the User, the Organizer agrees to these Terms and assumes the rights and obligations specified in them related to the use and operation of the Application. The User, the Organizer agrees to receive through the services of the Administration and / or services of third parties messages, SMS and other types of informational messages, including advertising and informational content, among them from partners of the Application Administration.
5.6. The User's, the Organizer’s personal data are processed according to the applicable/relevant legislation. The Administration of the Application processes the User's, the Organizer’s personal data in order to provide to the latter access to the services of the Application, including targeted advertisements to the User, the Organizer; checking, examining and analyzing such data in order to maintain and improve the Application services and sections as well as to develop new Application services and sections. The Application Administration takes all necessary measures to protect the User’s, the Organizer’s personal data from unauthorized access, modification, disclosure or destruction. The Application Administration makes the User’s, the Organizer’s personal data available only to those employees, contractors and agents of the Application Administration which need this information to ensure the Application operation and provision of Services to the User, the Organizer. The information provided by the User, the Organizer including personal data, may be used by the Application Administration to ensure compliance with the requirements of effective Russian legislation, other applicable/relevant legislation, as well as to transfer it to the third-parties in order to protect right and interests of the Users, the Organizer the Application Administration and third-parties (including in order to prevent, control/investigate and/or suppress illegal actions). The information provided by the User, the Organizer may be disclosed only in accordance with effective Russian legislation on the demand of the court, law-enforcement bodies as well as in other cases as provided by Russian legislation. As the Administration of the Application processes the User’s, the Organizer’s personal data for the performance of these Terms, no User’s, the Organizer’s consent to the processing of his/her personal data is required according to the legislative provisions on personal data.
5.7. The login and password chosen by the User, the Organizer are the necessary and sufficient information for the User’s. the Organizer’s access to the Application. The User, the Organizer does not have the right to transfer his/her login and password to third parties and bears full responsibility for their confidentiality, choosing himself / herself the method of their storage. Using his / her hardware and software the User, the Organizer may permit storage of the login and password (through cookies) for subsequent automatic authorization on the Application.
5.8. Unless the User, the Organizer proves otherwise, any actions taken with the use of his/her login and password are deemed to have been taken by the User, the Organizer. In case of unauthorized access to the User’s, the Organizer’s login and password and/or personal page or dissemination of the User’s, the Organizer’s login and password, the User, the Organizer is obliged to notify the Application Administration immediately according to the established procedure.
5.9. After registration, the User, the Organizer obtains the right to independently create, use and determine the content of a personal profile for personal purposes, and the Organizer also gets the opportunity to access and post information in the Kaver application (subject to compliance with the current legislation of the Russian Federation).
5.10. In case of detection of a violation of the legitimate rights and interests of third parties, the current legislation of the Russian Federation, as well as the provisions of these Terms, the Administration has the right, at its discretion, to take the following measures:
-delete Content and other information in the application and/or block access to them;
-block access of specific users to information;
-block the personal profile of the Organizer, the User.
5.11. Editing and deleting personal data
-The User has the right to make changes to the personal data provided to him/her or part of it at any time, as well as the settings of their confidentiality, using the function of editing personal data in the "Profile" section.
-The User has the right to delete one or more accounts, as well as the personal data provided within the account, by sending a request to delete the account from the application to the Company representative to the email address: firstname.lastname@example.org . Deleting an account may result in the inability to use some Services.
6. Obligations of the Kaver application User, Organizer
6.1. When using the Site Services the User is obliged:
- to comply with the provisions of effective Russian legislation, other applicable/relevant legislation, these Terms and other special documents of the Application Administration;
- to provide true, complete and up-to-date data at the time of registration and keep these data updated;
- to inform the Application Administration of unauthorized access to the personal page and/or unauthorized access to and/or use of the User’s, the Organizer’s password and login;
- not to provide other users with access to his/her own personal page or individual pieces of information on it, if it can involve breach of the Russian legislation and/or these Terms, special documents of the Application Administration;
- not to post on his/her personal page such information and objects (including links thereto) which may infringe the rights and interests of other persons;
- before posting information and objects (including but limited to other people’s images, texts of various content, audio records and videos), to assess in advance whether such posting is lawful;
6.2. In case of doubts as to whether it is legal to take any actions, including posting of information or provision of access, the Application Administration recommends desisting from such actions.
6.3. When using the Application the User, the Organizer is prohibited from:
6.3.1. registering as the User, the Organizer on behalf of or instead of another person (“false account”). However, the registration on behalf of another individual or legal entity is possible, if necessary powers are granted according to such procedure and form as provided by Russian relevant legislation;
6.3.2. misleading other Users, Organizers as to his/her identity, using the login and password of another registered User, Organizer;
6.3.3. distorting information on his/her identity, age or relations with other persons or entities;
6.3.4. loading, storing, publishing, disseminating, making available or otherwise using any information which:
- contains threats or calls to violence, including ones made implicitly; praises or encourages violent actions; discredits; insults; defiles one’s honor, dignity or business reputation; or violates the privacy of other Users or third parties;
- infringes on the rights of minors;
- is vulgar or obscene, contains pornographic images and texts or sexual scenes with the participation of minors;
- contains scenes of inhumane treatment of animals;
- contains a description of the means and methods of suicide, any incitement to commit it;
- propagandizes and/or contributes to racial, religious, ethnic hatred or hostility, propagandizes fascism or racial superiority;
- contains extremist materials;
- propagandizes criminal activity or contains advices, instructions or guides for criminal activities;
- contains restricted information including but not limited to government and trade secrets, information on the private life of third persons;
- advertises or describes the attractiveness of using drugs, including “digital drugs” (audio files affecting the human brain through binaural rhythms), contains information on drug trafficking, drug recipes and drug consumption recommendations;
- or infringes other rights and interests of individuals and legal entities or requirements of Russian legislation;
6.3.5. illegally loading, storing, publishing, distributing, making available or otherwise using the intellectual property of other Users and third parties;
6.3.6. using software and taking actions aimed at disrupting the normal operation of the Site and its services or the Users’ personal pages;
6.3.7. loading, storing, publishing, distributing, making available or otherwise using viruses, trojans and other malicious software;
6.3.8. in any way, including, but not limited to, by deception, abuse of trust, hacking, trying to gain access to the login and password of another User, the Organizer;
6.3.9. reproducing, duplicating, copying, selling, dealing in and reselling the access to the use of the Application, including its non-activated data and commands for any purposes, unless such actions are expressly permitted for the User in accordance with a separate agreement with the Application Administration;
6.3.10. posting commercial and political advertisements outside the special Site sections as determined by the Application Administration;
6.3.11. posting any other information which in the personal opinion of the Application Administration is undesirable, does not meet the Application purposes, infringes on the Users’, the Organizers’ rights or is otherwise undesirable for posting on the Application;
6.4. The User, the Organizer bears personal responsibility for any information he/she posts on the Application or communicates to other Users, Organizers as well as for any contacts with other Users, Organizers on his/her own risk.
6.5. In case the User, the Organizer disagrees with these Terms or their updates, the User, the Organizer must give up using the Application with a due notice to the Application Administration.
7. Intellectual Rights
7.1. Exclusive rights in the Application Content
7.1.1. All objects placed on the Application, including design elements, text, graphic images, illustrations, videos, scripts, software, music, sounds and other objects and their collections (hereinafter the Content) are subject to exclusive rights of the Application Administration, Users and other rights holders, all rights in these objects being reserved.
7.1.2. Except as provided by these Terms as well as by effective Russian legislation, no Content may be copied (reproduced), processed, distributed, displayed in the frame, published, downloaded, transferred, sold or otherwise used in full or in part without the prior permission of the right owner, unless the right owner has expressly agreed to free use of the Content by any person. Reproducing, copying, collecting, systemizing, storing and transferring the Content in order to create a database whether for commercial and/or non-commercial purpose and/or using the Content in whole or its part regardless of the way of use is not allowed without the Administration's consent.
7.1.3. By posting on the Application his/her lawfully owned Content, the User, the Organizer grants the other Users, the Organizers a non-exclusive right to use it in the framework of the functional provided by the Application by viewing, reproducing (including copying) and other rights exclusively for the purpose of personal non-commercial use, except where such use infringes or may infringe the right owner’s interests protected by law.
7.1.4. The Content made available exclusively for the purpose of personal non-commercial use may be used by the User, the Organizer on the condition that all copyright marks or other authorship notices, name of the author and the work remain unchanged.
7.1.5. Пользователь предоставляет также Администрации неисключительное право использовать на безвозмездной основе размещенный в приложении и принадлежащий ему на законных основаниях Контент в целях обеспечения Администрацией функционирования приложения в объеме, определяемом функционалом и архитектурой приложения, и отображения Контента в промоматериалах Администрации, в том числе в рамках изображений интерфейса приложения, в том числе путём доведения таких промоматериалов до всеобщего сведения. Указанное неисключительное право предоставляется на срок размещения Контента в приложении и распространяет свое действие на территории стран всего мира. Окончание срока размещения Контента в приложении и/или срока действия неисключительного права не влечет за собой необходимость изъятия из оборота промоматериалов Администрации приложения с отображением Контента (в том числе их удаление из сети Интернет). Администрация вправе передавать права, указанные в настоящем пункте третьим лицам. Пользователь, Организатор соглашается с тем, что Администрация вправе использовать функциональные и технические возможности приложения, обеспечивающие отображение размещаемого Пользователем, Организатором Контента, по своему усмотрению, в том числе для целей показа рекламной информации. The User, the Organizer grants to the Application Administration a non-exclusive right to use on a free of charge basis the Content published on the Application and which lawfully belongs to him/her, so that the Administration of the Application may maintain the operation of the Application in the amount established by its architecture and functionality, and to use this Content for the Application Administration promotional content, including images of the Application interface, including without limitation making this promotional content public. The said non-exclusive right is granted for the period when the Content is placed on the Application and extends to the territory of the countries all over the world. The end of the period when the Content is placed on the Application and / or the end of the non-exclusive right duration do not carry a necessity of deletion by the Application Administration of this promotional content with the said Content (including its removal from the Internet). The Application Administration has a right to transfer these rights described in this clause to the third-parties. The User, the Organizer accepts that the Application Administration has a right to use functional and technical capabilities of the Application that provide displaying of the published Content by the User, the Organizer including player, meant to display the Content at its own discretion, including for the purpose of showing the advertising information.
7.1.6. If the User, the Organizer deletes his/her Content from the Application, the non-exclusive right mentioned in clause 7.1.5. hereof will be automatically revoked, however, the Administration reserves the right to keep backup copies of the user Content during the required period of time, if needed due to technical peculiarities of the Application operation.
7.1.7. Кроме своего собственного Контента, Пользователь, Организатор не вправе загружать или иным образом доводить до всеобщего сведения Контент других сайтов, приложений баз данных и прочие результаты интеллектуальной деятельности при отсутствии явным образом выраженного согласия правообладателя на такие действия.
7.1.8. Except his/her own Content, the User, the Organizer does not have the right to upload or otherwise make available to the public (publish on the Application) the content of other sites, databases and other intellectual activity results without the express consent of the right owner.
7.1.9. Unless otherwise expressly provided in these Terms, nothing in these Terms may be considered as the grant of exclusive rights in the Content.
7.2. Liability for the infringement of exclusive rights
7.2.1. The User, the Organizer bears personal liability for any Content or other information he/she uploads or otherwise makes publicly available (publishes) on or via the Application. The User, the Organizer does not have the right to upload, transfer or publish Content on the Application unless he/she has appropriate rights to do so, such rights being acquired by or transferred to him/her in accordance with Russian legislation.
7.2.2. The Application Administration has the right but is not obliged to check the Application for prohibited Content and can delete or remove (without giving advance notice) any Content or Users, Organizers at its own discretion for any reason or without reason, including, without limitation, removal or deletion of the Content which, in the personal opinion of the Application Administration, infringes these Terms, Russian legislation and/or may infringe the rights of, cause damage to, or threaten the security of other Users or third parties.
8. Kaver Operation and Liability Regarding Use of the Application
8.1. The Users, the Organizers bear liability for their own actions in connection with the creation and posting of information on their own personal page on the Application as well as in connection with the posting of information on the personal pages of other users and other sections of the Application in accordance with effective Russian legislation. The breach of these Terms and effective Russian legislation involves civil, administrative and criminal liability.
8.2. The Application Administration makes it technically possible for the Users, the Organizers to use the Application, does not participate in forming the content of the Users’, the Organizers’ personal pages, does not control and does not bear liability for the actions or omissions of any persons regarding use of the Application or formation and use of the content of the Users’, the Organizers’ personal pages on the Site.
8.3. The information system of the Application and its software do not contain any technical solutions for the automatic censorship and control of actions and information relations of the users regarding use of the Application except for the special technical solutions the Administration might implement in order to prevent and suppress violations of third party intellectual property rights.
8.4. The Application Administration reserves the right to change at any time the Application design, content, list of services, modify or supplement scripts, software and other objects used or stored on the Application, any server applications at any time with or without advance notice.
8.5. The Application Administration does not carry out preliminary moderation or censorship of the Users’, the Organizers’ information and takes actions to protect the rights and interests of persons and ensure compliance with the requirements of Russian legislation only after the person concerned applies duly to the Application Administration.
8.6. The Applicaiotn Administration does not bear liability for the User’s breach of these Terms and reserves the right, at its own discretion as well as upon receipt of information from other Users, the Organizers on the User’s, the Organizer’s breach of these Terms, to modify (moderate), block or remove any information published by the User, the Organizer in breach of the prohibitions set by these Terms, suspend, limit or terminate the User’s, the Organizer’s access to all or any sections or services of the Application at any time for any reason or without explaining the reason, with or without advance notice. The Application Administration reserves the right to remove the User’s, the Organizer’s personal page and/or suspend, limit or terminate the User’s, the Organizer’s access to any of the Application services, if the Application Administration believes that the User, the Organizer poses a threat to the Application and/or its Users.
8.7. The Application Administration ensures operation and serviceability of the Application and undertakes to restore its serviceability promptly in case of technical failures and interruptions. The Application Administration does not bear liability for temporary failures and interruptions in the Application operation and resultant losses of information. The Application Administration does not bear liability for any damage to the computer of the User, the Organizer or any third party, mobile devices, any other equipment or software caused by or connected with the download of materials from the Kaver application.
8.8. The Application Administration has the right to dispose of the statistical information relating to the Application operation as well as of the Users’, the Organizers’ information to ensure the targeted display of advertising information to different audiences of Site users. For the purposes of operation and technical support of the Application and compliance with these Terms the Application Administration has the technical ability to access the Users’, the Organizers’ personal pages but does it only in the cases specified herein.
8.9. The Application Administration has the right to send information on the development of the Application and its services to the User, the Organizer as well as to advertise its own activity and services.
8.10. Limitation of the Kaver Application Administration’s liability:
8.10.1. THE APPLICATION AND ITS SERVICES, INCLUDING ALL SCRIPTS, APPLICATIONS, CONTENT AND THE SITE DESIGN ARE MADE AVAILABLE ON THE “AS IS” BASIS. THE APPLICATION ADMINISTRATION DISCLAIMS ALL WARRANTIES THAT THE APPLICATION OR ITS SERVICES MAY BE SUITABLE OR UNSUITABLE FOR ANY SPECIFIC PURPOSES OF USE. THE APPLICATION ADMINISTRATION CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS OF USE OF THE APPLICATION AND/OR ITS SERVICES;
8.10.2. FOR THE AVOIDANCE OF MISUNDERSTANDINGS, THE USER, THE ORGANIZER SHOULD BE CAREFUL WHEN DOWNLOADING FROM THE APPLICATION OR VIA THE LINKS ON IT AND USING ANY FILES, INCLUDING SOFTWARE. THE APPLICATION ADMINISTRATION STRONGLY RECOMMENDS USING ONLY LICENSED SOFTWARE, INCLUDING ANTIVIRUS SOFTWARE;
8.10.3. BY USING THE APPLICATION, THE USER, THE ORGANIZER AGREES THAT HE/SHE DOWNLOADS ANY MATERIALS FROM OR VIA THE APPLICATION ON HIS/HER PERSONAL RISK AND BEARS PERSONAL LIABILITY FOR THE POSSIBLE CONSEQUENCES OF USING THESE MATERIALS, INCLUDING THE DAMAGE IT CAN CAUSE TO THE USER’S, THE ORGANIZER’S COMPUTER OR THIRD PARTIES, FOR DATA LOSS OR ANY OTHER DAMAGE;
8.10.4. UNDER NO CIRCUMSTANCES THE APPLICATION ADMINISTRATION OR ITS REPRESENTATIVES BEAR LIABILITY TO THE USER, THE ORGANIZER OR ANY THIRD PARTIES FOR ANY INDIRECT, ACCIDENTAL, UNINTENTIONAL DAMAGE, INCLUDING LOST PROFIT OR LOST DATA, DAMAGE TO THE HONOR, DIGNITY OR BUSINESS REPUTATION IN CONNECTION WITH THE USE OF THE APPLICATION, ITS CONTENT OR OTHER MATERIALS WHICH BECAME AVAILABLE TO THE USER, THE ORGANIZER OR OTHER PERSONS THROUGH THE APPLICATION, EVEN IF THE APPLICATION ADMINISTRATION HAS WARNED OF, OR INDICATED TO THE POSSIBILITY OF SUCH DAMAGE.
9. Closing provisions
9.1. These Terms constitute the agreement between the User, the Organizer and the Application Administration concerning use of the Application and its services and supersede all previous agreements between the User, the Organizer and the Application Administration.
9.2. These Terms are governed and construed in accordance with Russian legislation. Those issues which are not settled by these Terms are subject to Russian legislation.
9.3. In case any disputes or differences arise in connection with the fulfillment of these Terms, the User, the Organizer and the Application Administration will make every effort to resolve these by negotiations. Those disputes which are not resolved by negotiations are to be resolved according to the procedure established by effective Russian legislation.
9.4. These Terms become binding upon the User, the Organizer from the time of his/her accession and are valid during an indefinite period.
9.6. In the event that one or more provisions hereof become invalid or unenforceable for any reason, this will not affect the validity or applicability of the remaining provisions.
9.7. By logging in the Kaver application, the User, the Organizer gives voluntary consent to the transfer, use, storage and processing of his/her personal data in accordance with the procedure provided for by Federal Law No. 152-FZ of July 27, 2006 "On Personal Data", for the purpose of notifying about all the news of the Kaver application and other services provided for the personalized environment of the Kaver application. The User, the Organizer is allowed to process the following personal data: full name, email addresses, phone numbers. The User, the Organizer confirms that this Consent has been given to them without limitation of validity and can be revoked by them in accordance with the effective Russian legislation.