GIVEAWATION.COM is an Internet platform that unites various organizers of social network contests and drawings, in Instagram in particular, and the participants. It also provides a set of services for the mentioned target groups.
We strongly recommend you to get acquainted with the present document before starting using GIVEAWATION.COM (hereinafter referred to as Website) with its means and services.
Using any functions, means or services provided by the Website, or even viewing the Web pages automatically turns you to a User regardless of your being or not being registered on the site. It means that you have read, understood and accepted the present User Agreement including all the named special terms and rules without any exceptions or reservations.
The present User Agreement can be changed or enlarged by the Website administration without any personal notifications. A new version of the User Agreement with all the changes and additions comes to force as soon as it is placed on the Website unless the new version of the User Agreement, changes or additions do not stipulate otherwise. Regular examination of the current edition of the User Agreement is on your responsibility. Using the Website after a new version of the User Agreement together with additions or changes is published means your acceptance of all the aforementioned.
If you disagree to follow all or particular terms of the current User Agreement you must not use the Website and are obliged to leave it immediately. In case you are an authorized user, please, request the Website administration to delete your profile.
1. Terms and definitions
Hereinafter, the terms and definitions of the present User Agreement have the following meaning:
Administration – the owner of the resources, one way or another related to GIVEAWATION.COM, who administrates the Website which is a party of the current Agreement.
Agreement – the current User Agreement together with any special terms regarding Services, regulations and other documents mentioned in it, including the information published on the Website by the Administration and regulating the relationships between the Parties concerning the Website and/or Service usage and User’s rights and obligations regarding usage of any Service.
Anonymous user – a not authorized User who, however, utilizes all available services of the Website.
Balance – an analytical account in the Administration billing system used for registration of cash inflow and expenditure concerned with advance and standard payments of Administration paid services.
Contest organizer – a User who utilizes the Website mostly for the purpose of conducting contests and attracting attention of other Users to his/her contest. The Contest organizer must be registered on the Website and correspond to the standards established by the Administration both in the current Agreement and on the Website.
Credentials – the User’s unique login and password created during his/her registration on the Website and used for the User’s access to his/her Personal account as well as for the User’s identification as a Party of the current Agreement when providing the Services. The Parties acknowledge the Credentials as the User’s handwritten signature upon concluding the current Agreement and registration of notifications, data communication, etc.
Database – an element of the Website; an impartial form of providing and organizing any kind of data systemized in such a way that the data could be found and processed by the hardware, software or technical tools of the Website.
Parties – the Administration and the User.
Personal account – a section of the Website, access to which is granted to the User only if the User is authorized by means of entering his/her credentials or through the social networks specified by the Administration.
Registration data – the information provided by the User during his/her registration in accordance with Paragraph 4 of the current Agreement, namely credentials, email address, etc. including all the amendments and additions made in the Personal profile or received from other services with the consent of the User. Submitting the Registration data by the User including the ones that are not required by the Administration is a necessary condition for the User identification in implementation of the Agreement.
Service – any function and/or means of the Website, no matter if they are free or paid.
User – a natural or legal person who does not have any legislative restrictions to accept the current Agreement, have access to the Website and/or use any of the Services, functions and/or means provided by the Website, regardless of his/her being or not being registered on the Website according to Paragraph 4 of the current Agreement.
Website – a website hosted on GIVEAWATION.COM (as well as on all the domains of other levels related to this link) and representing a complex of program software, databases and other Website elements. The Website elements include source and object codes, some computer programs, instructions, graphic design of the Website and some elements of the design, any section or subsection of the Website, any names, texts, fonts, audio, video, interface and any information placed on the Website, etc.
The terms and definitions given in plural have the same meaning as in singular, and vice versa.
2. Subject of the Agreement
2.1. The current Agreement regulates the relationships between the User and Administration arising in connection with the User’s usage of the services provided by the Website.
2.2. The usage of certain Services may be settled by special terms that are an integral part of the current Agreement and exist as a separate document, rules, instructions, guides and/or explanations published on the Website (hereinafter referred to as Service terms). In case of a conflict or discrepancy between the text of the current Agreement and the Terms of Service, the latter is applied.
3.1. The Website provides an access to various informational, communicational and other Services available for the User on terms of the current Agreement together with usage of computer devices connected to the Internet, including but not limited to the following:
- Blog – a free Service with open content for Users the purpose of which is to create a database on the Website subjects
- Posting of the information on a contest conducted by the User – a paid Service which enables the Users to register the contest in the open (public) Contest database with a view to simplify the procedure of holding the contest and attracting attention to it. The decision of the contest registration in the Database is made exclusively at the discretion of the Administration. The User understands and agrees that the Administration reserves the right to deny the User’s publication in one or all Databases before or after the fact of publication. The Administration is not obliged to inform the User on either the decision or the reasons and/or time limits of making the decision. The contest registration terms are available on the following link: GIVEAWATION.COM/agree.
Besides hereinabove the Website provides an access to the Services which either exist or can be created in future.
3.2. The Services can be free or paid. The Services are supposed to be free of charge unless otherwise indicated on the Website.
3.3. The paid Services are provided on terms of advance payment according to the taxes and payment instructions stated on the Website.
4. Registration and authorization
4.1. The access to some Services can be based on the User’s registration and/or authorization on the Website. In this case, the User must register and/or authorize according to the directions of the Administration.
4.2. During the process of registration and also while changing and/or complementing the data, the User must provide with reliable and actual information.
4.3. The Administration has the right to set restrictions on the User’s registration and his/her usage of the Services.
4.4. The Administration has the right to check the information provided by the Users. The Administration has the right to deny the User’s registration and/or authorization and/or to forbid the User’s usage of the Website.
5. The terms of the Service usage
5.1. The User must abide by the terms of the current Agreement including the terms of separate Services and the rules and documents mentioned in the current Agreement.
5.2. While using the Services the User must not:
- modify or create any derivative or component products on the basis of the Services and/or their elements without a permission of the Administration;
- decompile, deconstruct or in any other way attempt to extract the software source code, which is a part of the Website and/or Services;
- distribute, sell, sublicense and use the software, which is a part of the Website and/or Services or otherwise transfer the rights to this software;
- delete or change any trademark, logo, copyright sign and other notifications on titles, inscriptions, descriptions, symbols and signs on the Website including the published information and materials;
- copy, transmit, distribute, publish or otherwise use the information and/or intellectual property published on the Website if it is not permitted by the Administration;
- use software bugs (in this case, the User must inform the Administration on them), intervene in the programming code and get an unauthorized access to the computer system or Databases;
- transfer the rights and/or obligations on the current Agreement and transfer the right (opportunity) of using the Credentials to third parties;
- undertake any actions directed at the Website damaging or get an unauthorized access to the Website and its resources;
- hack, try to hack and/or capture the data the server receives or sends out;
- disclose any information on another User and limit access of other Users to the Website or hinder them from using the Services;
- publish any promotional information without a permission of the Administration;
- “resell” the Services provided by the Administration to third parties and profit by them;
- distribute incorrect information (rumors or slander) about the Administration, the partners or employees of the Administration, other Users or Services.
5.3. If it is required to undertake any actions connected with using the Services, the User must make sure to establish legal relationships with a representative authorized by the Administration.
5.4. The User must ensure the safety of the data stored in the Personal account and is responsible for data leakage and disclosure.
5.5. The User must act correctly and respectfully toward other Users and the Administration, that is:
- not to use foul or abusive language, words and/or expressions which can insult and/or humiliate human dignity;
- not to threaten with violence and assault;
- not to spread by any means materials propagandizing or expressing aversion or hatred to any religion, culture, race, nation, people, language, policy, ideology or social movement.
5.6. The User guarantees that he/she has the right to use the selected funds for the Service payment without violating the legislation of the Russian Federation and/or any other country of the User’s stay. The Administration is not responsible for potential damage to third parties and/or other Users caused by the usage of payment instruments, which do not belong to the User.
5.7. Hereby the User agrees to receive advertising messages from the Administration and/or its partners and/or to view commercials while using the Services without any special notifications.
5.8. Hereby the User agrees that the Administration has the right to collect statistical and other kinds of data on the usage of the Services by the User as well as on the User himself/herself.
5.9. The Administration has the right to carry out preventive and/or repair work without prior notice, during which the access to the Services may be unavailable or limited. However, such breaks cannot be the reason to demand any reimbursement of any expenses, losses, etc. from the Administration.
5.10. The Administration has the right to delete and/or change any data, information or results of intellectual activities published on any section of the Website, even if the User published it.
5.11. The Administration does not compensate for any payments made by the User in case if the User’s access to the Website and/or Services has been lost through no fault of the Administration, if the User has violated the terms of the current Agreement, and also if the User has not used the Service for the reasons beyond the control of the Administration.
5.12. The User must ensure the non-disclosure of the data stored in the Personal account (as well as the Credentials, personal information, etc.) and is responsible for data leakage and disclosure to third parties. In case of the control loss of the Credentials, the User must immediately inform the Administration on it in accordance with Paragraph 10 of the current Agreement. After receiving the notification, the Administration considers and evaluates the User’s request and provided information. Afterwards, the Administration has the right to take appropriate actions, as well as to delete (block) the User’s account, after that the User may register on the Website again. In case of not receiving the notification by the Administration, the User bears all the consequences connected with the control loss of the Credentials.
6. The paid Website Services
6.1. The cost of the paid Services indicated on the Website includes VAT (if applicable).
6.2. The Administration has the right to change the cost of the paid Services unilaterally and at its own discretion. The Administration will notify the User by publishing the relevant information on the Service order webpage.
6.3. The User can pay for the paid Service by means and according to the instructions indicated on the Website.
6.4. The User is independently responsible for the accuracy and correctness of the made payments.
6.5. The payment is considered to be made and the Balance is refilled if:
- the payment was made with payment systems (electronic funds or credit cards) or with mobile payments (SMS), and the Administration has the proper payment system confirmation;
- the payment was made by bank or bank account transfer, and the Administration has the proper confirmation of full money transfer at the Administration account received from the bank;
- as soon as the funds are taken from the User’s Balance.
6.6. In the event of a dispute on payments, the duty of proving is imposed on the User.
7. The information and materials published on the Website
7.1. All exclusive rights to the intellectual property lawfully posted on the Website belong to the Administration or to the respectful owners.
7.2. Any kind of information lawfully posted on the Website belongs to the Administration, no matter who posted it. And actions on the information, as well as using it, are possible only with the written consent of the Administration in due course, unless otherwise specified in legislation in force.
7.3. The User understands and agrees that any information and materials published by him/her or on his/her behalf or provided otherwise to the Administration can be used by the Administration at its own discretion, including using them as advertising and marketing materials for the Website and/or Services promoting.
7.4. Hereby the User does not have any intellectual rights to the intellectual property published on the Website, unless otherwise specified by the Administration.
7.5. In order to protect the right to the intellectual property, receiving statistical data and for security purposes (to prevent break-ins, cyber attacks etc.) and correct operation of the Services, hardware and software tools required for the proper Website functioning, the Administration has the right to use technologies and methods of protecting intellectual property and information, including with the help of special software. The Administration has the right to receive information on the User’s geographical location in order to determine the User’s location as well as the computer device in use, its components, etc.
7.6. No information or data published on the Website by third parties can be considered as a reliable and/or official information source. The Administration is not responsible for any consequential loss or any kind of expenses the User may suffer as a result of using the information given by third parties.
7.7. The User guarantees that while using the Services he/she will not violate the rights of third parties including intellectual rights, the information published by the User is reliable and all the data (information, intellectual property) is posted on the Website on a legal basis.
8. Technical support
8.1. The Administration is not obliged to provide the User with any kind of consultations and explanations concerning using of the Website and/or Services, troubleshooting or deal directly with such problems, except for the cases directly provided by the current Agreement. The Administration does not also guarantee that any specific malfunction on the Website and/or in the Services work will be fixed. At the same time, the Administration will make efforts within reasonable limits to help the User in solving the technical problems that could appear during the Service usage.
8.2. On questions concerning the Service usage and in cases provided for by the current Agreement the User has the right to contact the technical support service by sending an email using the means of the Website. When contacting the technical support the User must provide with full and reliable data related to the User such as the operational system settings, Internet connection data, etc. In case the User provides incomplete data or information which raises doubts on its reliability or belonging to the User contacted the technical support, the support service has the right to demand additional information including copies of the requested documents in electronic or any other form.
9. Warranty disclaimer and limitation of liability
9.1. The User understands and agrees that:
9.1.1. The User uses the Website at his/her own risk, the Services are provided “as is” without any guarantees, unless the ones explicitly stipulated in the current Agreement.
9.1.2. The Administration does not guarantee that:
- the Services will meet the User’s requirements or will work continuously, quickly, efficiently and error-free;
- the results that may be got while using the Services will be accurate and reliable;
- the quality of the information, data, content and etc., published on the Website, will meet the User’s expectations.
9.1.3. The Administration is not responsible for any direct or indirect damage caused through no fault of the Administration, including but not limited to:
- using or impossibility of using the Website, including the published information, materials and/or Services;
- unauthorized access to the User’s Personal account and/or personal data, and/or confidential information;
- statements or behavior of any third party on the Website.
9.2. The Administration is not responsible for the Service technical failures and work interruptions, temporary failures and interruption in the communication line work and any other breakdown as well as malfunctions of the computer that provides the User with Internet access to access the Website.
9.3. The Administration is not responsible for any direct or indirect losses of the User resulting from actions by third parties including non-transfer (non-receipt) or partial money transfer to the account of the Administration by electronic or other kind of payments; as well as in case if the User purchases the Services from third parties who are not authorized by the Administration, or if the User pays third parties for using the Services.
9.4. The Parties are not responsible for complete or partial failure to fulfill the obligations if the failure is due to “force majeure” circumstances (“force majeure”) that is the circumstances, which are extraordinary and unavoidable under the given conditions. Such circumstances include power outage, global disruptions of Russian and international Internet segments, routing system failures, domain name system failures and failures caused by hacking and DDOS-attacks. If impossibility of fulfilling the commitments on the current Agreement lasts longer than 2 (two) months, the Parties have the right to terminate the current Agreement without reimbursement of possible losses.
9.5. Under any circumstances, according to the legislation of the Russian Federation the responsibility of the Administration is limited to the cost of the paid and inappropriately provided (not provided) Services.
10. Third party websites
10.1. The Website may contain links to other websites (third party websites) which are not under control of the Administration. The Administration does not check and is not responsible for the content of third party websites, including any materials and information published there, availability of such websites and consequences of their using by the User.
10.2. Any links to third party websites, projects and/or services and/or products which may be published on the Website do not mean the approval of the Administration, unless otherwise specifically indicated.
11.1. During the term of the Agreement, the User may direct all notifications and/or messages to info@GIVEAWATION.COM. At the same time, the Administration has the right to demand and the User must provide additional proof, information and other details, including the Registration data, in order to make a decision concerning the User’s request.
11.2. Any other way of filing notifications which is not stipulated by the current Agreement is considered to be improper.
11.3. All electronic documents, notifications, wills and/or messages filed and sent remotely in due course stipulated by the current Agreement are recognized by the Parties as properly filed in handwritten form.
12. Other provisions
12.1. The current Agreement is regulated by the legislation of the Russian Federation.
12.2. If any part of the current Agreement is judicially found void and unenforceable, it will not affect the validity and enforcement of other provisions.
12.3. The Administration has the right to refuse to fulfill all or some of its obligations on the current Agreement as well as to suspend the provision of all or some Services including by blocking the User’s access to the Personal account and other Services without any prior and/or subsequent notification unilaterally and extrajudicially.
12.4. In the event of a significant breach of the terms of the current Agreement by the User, the Administration has the right to recover damages in full (actual damage and lost profits).
12.5. The Administration has the right to transfer the rights and obligations on the current Agreement to third parties and the User hereby recognizes the transfer (including debt transfer). The Administration has also the right to delegate the full or partial provision of the Services to third parties.
12.6. The current Agreement comes into force since its publication on the Website.