Terms used in the Terms:
Administration – is FFnotes LLC which provides Users a non-exclusive right to use the Service and Content posted on it, and provides communication to the public, distribution, administration of the Service.
Content – design elements, texts, graphics, photos, audiovisual works, recordings, scripts, databases and other objects, placed on Service, the exclusive right to that belongs to Administration, User and other parties.
Service – 1) the site available at: http://ffnotes.com with its Content placed on abovementioned address; 2) the Application as the collection of results of intellectual activities of Administration provided by Administration to User to use them.
User – a person having the necessary civil legal capacity to accept these Terms, to whom the right to use the Service within the limits stipulated by the Terms is granted in accordance with these Terms.
Application – the mobile application called “FFnotes (beta)”, available at: https://play.google.com/store/apps/details?id=ffnotes.ru. “FFnotes (beta)” is the computer program in the sense of cl. 1261 of Civil Code of the Russian Federation.
1. General provisions
1.1. Administration offers User to use its Service on the conditions and within the limits provided in the Terms. The Terms shall enter into force from the moment of expression by User his/her consent with the provisions of the Terms in the manner prescribed by par. 1.2 of the Terms.
1.2. User starting use the Service or its separate features or having passed the registration procedure is deemed to have accepted the provisions of the Terms in full scope, without any reservations and/or exceptions. In the case of disagreement with any of the provisions of the Terms, User has no right to use the Service or its separate features. If Administration has made any changes in the Terms in the manner prescribed by par. 9.6 of the Terms and User disagrees with such changes, User shall stop use the Service or its separate features.
2. User’s registration. User’s account.
2.1. To use the Service in full scope or some of its separate features, User need to register on the Service, in result of which a unique User’s account will be created, and authorization on the Service after that User will use the Service from under his/her existing unique account.
2.2. To register on the Service User agrees to submit correct and complete information about himself/herself on the questions of a registration form, and keep this information up to date. If User submits incorrect information or Administration has reason to believe that User-submitted information is incomplete or incorrect, Administration has right to block or delete a User’s account and terminate a User's use of the Service.
2.3. Administration reserves right to require User to confirm the information specified in a registration form and request the supporting documents in connection with it at any time. In the case of failure the supporting documents by User requested by Administration, Administration may take the actions prescribed by par. 2.2 of the Terms. If User’s data specified in the documents provided by him/her do not correspond to the data specified by User in a registration form, and also if the data specified by User in a registration form, do not allow to identify User, Administration has right to deny access to his/her account and use Service.
2.4. Upon registration on the Service User specifies an email address, which will be further identified by the Service as User’s login (the unique name for User’s account). The password for access to User’s account, User sets up by himself/herself. Administration has the right to prohibit the use of certain logins and set certain requirements for the login and the password (for example, password length, allowed characters for the password).
2.5. User solely provides and is responsible for the security and confidentiality of the password for User’s account. User shall immediately inform Administration about any unauthorized access to User’s account and/or any breach or alleged breach the confidentiality of User’s password. Administration is not responsible for any loss or damage of data as well as any other consequences that may occur due to violation of the provisions of this paragraph of the Terms by User.
2.6. User is solely responsible for all actions and the consequences of such actions relating to use of the Service. All actions relating to use of the Service under a User’s account, considered made by User except for the cases when User in the manner prescribed by par. 2.5 of the Terms notifies Administration about unauthorized access to User’s account and/or any breach or alleged breach the confidentiality of User’s password.
2.7. Administration has right to block or delete a User’s account and restrict access to User using any account to the Service and remove any User’s Content without giving any reason, including for violation of the provisions of the Terms, and in the case of violation of norms of current legislation.
2.8. User has right to delete an account on the Service or terminate it using the corresponding Service’s feature at any time.
2.9. User may set the mode of confidentiality of his/her account within the features of the Service.
2.10. User may have different status of his/her account on the Service:
2.10.1. Seller is User who may publish advertisements about goods sales, make deals concerning goods sales on the Service.
2.10.2. Consultant BIO is User who may provide advisory services to other Users on the questions concerning flora and fauna.
2.10.3. Consultant TERRA is User who may provide advisory services to other Users on the questions concerning material objects intended for care and the maintenance of flora’s and fauna’s representatives (hereinafter - Equipment).
2.11. On the User’s account page User may purchase from Administration for his/her account the status provided for in par. 2.10.1-2.10.3 of the Terms. The cost of remuneration of Administration for the execution of actions on assigning the status for User’s account is 5 US Dollars.
3. User’s Content
3.1. User is solely responsible for compliance of the content posted by him/her on the Service to the requirements of current legislation, including the responsibility before the third parties in cases when the posting by User of any content or the content violates the rights and legitimate interests of third parties, including moral rights of authors and/or other intellectual property rights of third parties.
3.2. User acknowledges and agrees that Administration is not obliged to view the Content posted and/or distributed by User on the Service. User also acknowledges and agrees that Administration has the right to deny User the posting and/or distribution of Content or remove any Content that is available on the Service. User acknowledges and agrees that he/she is solely assesses the risks associated with the use of Content.
3.3. By posting own Content on the Service, User provides Administration and other Users an unlimited right to use Content in the following ways prescribed by cl. 1270 of the Civil code of the Russian Federation: reproduction, distribution, public display, public performance, communication to the public. User acknowledges and agrees that the technology of the Service may require processing of Content to match the technical requirements of the Service.
4. User’s rights and obligations
4.1. Using the Service User shall not: post and/or distribute Content that is unlawful, infringes the intellectual property rights of third parties, promotes extremism, hatred and/or discrimination of people, contains pornography, an advertisement of sexual services (including under the guise of other services), clarifies the manufacture, application or other use of narcotic substances or their analogues, explosives or weapons.
4.2. Using the Service User shall not: impersonate any person or representative of a certain organization, community or the owner of a particular site, and mislead other Users or Administration about the properties and characteristics of Content or other persons or objects.
4.3. Using the Service User shall not: post and/or distribute Content that contains a computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment or software for unauthorized access (malicious Content), and provide hyperlinks to the abovementioned malicious Content.
4.4. Using the Service User shall not: collect and store the personal information of other persons in unauthorized manner, in any way disrupt (or attempt to disrupt) work of the Service, post Content (or hyperlink to it), which contradicts the current legislation of the Russian Federation, or perform any other actions that contradict the current legislation of the Russian Federation.
4.5. Consultants BIO and Consultants TERRA provide their advisory services to other Users for free of charge. User has a right to pay remuneration to Consultant BIO or Consultant TERRA for provided advisory services. User pays such remuneration voluntarily in his/her sole discretion. User defines the amount and currency of such remuneration and the term of the payment himself/herself. Nobody has right to force User to pay for someone’s advisory services which provided to User.
4.6. User has right to post a request for advisory services in relation to representatives of flora or fauna or Equipment on the Service. User has right to post in such request the information on the amount of promised remuneration in the case of providing advisory services of adequate quality to User in relation to this request. In the case of posting by User such information on remuneration, the provisions of current legislation of the Russian Federation on public promise of a reward shall be applied to User.
4.7. User has right to post an advertisement for the sale of goods on the Service. The following objects may be sold on the Service: representatives of flora and fauna and Equipment. The objects turnover of which is prohibited in accordance with the current legislation of the Russian Federation cannot be sold on the Service. If the goods are representatives of flora and fauna and/or Equipment, the turnover of which is limited in accordance with the law, the transactions in respect of such goods is carried out in accordance with current legislation of the Russian Federation. In the case of posting by User such an advertisement for the sale of goods, the provisions of current legislation of the Russian Federation on public offer of goods shall be applied to User.
5. Exclusive rights on the Service and Content
5.1. All objects available on the Service such as design elements, texts, graphics, photos, audiovisual works, recordings, scripts, databases and other objects and any other Content posted on the Service are the objects of exclusive rights of Administration, Users and other respective right holders.
5.2. The use of the Service or its separate features or Content is possible only within the features of the Service in accordance with the Terms hereof. Any element of the content of the Service and/or Content available on the Service may not be used without the prior permission of corresponding right holder otherwise than provided by Terms herein, except for cases directly provided by the legislation of the Russian Federation.
5.3. Service and Content may contain hyperlinks to other websites (third party websites) in the Internet network. These third parties and their Content are not checked by Administration for the compliance with different requirements. Administration shall not be responsible for any information and/or materials posted on the third parties websites to which User has access when using the Service and for availability of such websites or their content and consequences of their use by User.
6. Money transfer
6.1. User has right to make money transfer to another User for rendered advisory services in the manner prescribed by par. 4.5-4.6 of the Terms.
6.2. Making transactions between Users on the sale of goods on the Service, a buyer makes a payment for the goods immediately after approval with a seller all conditions of this deal concerning a sale of goods.
6.3. User makes payments for actions prescribed in par. 2.11, 6.1-6.2 of the Terms via PayPal service.
7. Personal data
7.1. Processing User's personal data is executed by Administration in accordance with current legislation of the Russian Federation.
7.2. Administration processes User’s personal data to provide the Service to User and rendering the services for use of it (the execution of the contract between Administration and User), including to identify User, connect with User (including for notices, requests and information about using the Service as well as processing of User’s requests), improving quality of the Service, to perform statistical analyses based on anonymous data.
7.3. Administration takes all necessary organizational and technical measures to protect User’s personal data from unauthorized access, alteration, disclosure or destruction. Disclosure of User’s personal data can be made only in cases and order stipulated by current legislation of the Russian Federation.
7.4. Administration has right to transfer User’s personal data to third parties (contractors, partners, agents) to achieve the abovementioned purposes subject to ensuring the confidentiality of such data by third parties.
8. Warranties and liability
8.1. User uses the Service (including Content available on the Service) at his/her own risk. The Service is provided to User «as is». Administration is liable to User only to the extent contemplated by these Terms and legislation of the Russian Federation. In any event Administration’s liability in accordance with cl. 15 of the Civil code of the Russian Federation is limited to 10 000 (ten thousand) Russian rubles (if different extent of liability is not established by law) and shall be imposed in the case of guilty actions.
8.2. Administration does not guarantee: the Service meets or will meet the needs of User, the Service will be given continuously, quickly, reliably and without any failures or mistakes; quality of some product, service, information available on the Service will meet your expectations.
8.3. Administration is not responsible for: the use of the Service by User or some of its features, including compliance the Service and/or Content to User's purposes; any type of damages (including lost profits) resulting from use the Service or its separate features by User.
8.4. Administration is not responsible for any failure by User of his/her obligations assumed under any deal on the Service.
9. Final provisions
9.1. The Terms is the adhesion contract in sense of cl. 428 of the Civil code of the Russian Federation between Administration and User in relating to use of the Service.
9.2. The Terms apply in accordance with legislation of the Russian Federation. Issues which are not regulated by the Terms and possible disputes over use of the Service shall be settled in accordance with current legislation of the Russian Federation.
9.3. Administration has right to send its Users the informational messages.
9.4. Nothing in the Terms shall be construed as establishing between Administration and User: relations of cooperation, partnership, employment, agency relationship or relationship of any other kind, not expressly provided by the Terms.
9.5. If for any reason one or several provisions of the Terms shall be deemed void or unenforceable, this circumstance shall not affect the validity and/or enforceability of other provisions of the Terms.
9.6. The Terms may be changed by Administration without any special notification. The new version of the Terms comes into force from the moment of its placement in the public domain in the Internet network at the address given in this paragraph unless otherwise specified by the new version of the Terms. The Terms are made in Russian and English languages. The current version of the Terms in Russian is available at: http://www.ffnotes.com/help/term_of_service. The current version of the Terms in English is available at: http://www.ffnotes.com/help/term_of_service. In the case of contradiction between the content of the Terms in Russian and in English the version of the Terms in Russian shall prevail.
Date of publication of the current version of the Terms: 2/11/2014.