GIVEAWATION.COM is an Internet platform that unites various organizers of social networks contests and drawings, particularly by means of Instagram together with participants of these contests, and provides the sets of Services for the specified target groups.
We kindly ask You to get acquainted with a present document before You start using the Website GIVEAWATION.COM, the Services and possibilities provided by the site.
Whenever You use any functions, Services and possibilities provided by the Website, You automatically become a User regardless of the fact of Your registration on the Site, and You claim to have read the User Agreement, including all the specific terms and conditions specified on the pages of it, without any excludes and clauses.
The User Agreement can be changed or updated at the discretion of the Website Administration without any special personal notifications. A new version of the User Agreement together with all the changes or updates included come into force since the moment of publication on the Website, unless other is stated in the new redaction or Applications of the User Agreement. Regular acquaintance with the valid redaction of the User Agreement remains under Your responsibility. Using the facilities of the Website after new redaction of the Agreement comes into force automatically means giving Your agreement to all the changes or updated of the new redaction of the User Agreement.
In case You disagree to follow all or some specific terms of the present User Agreement, stop using the Website and leave it immediately; if You are a registered User of the Site, contact the Website Administration with a request of deleting Your profile.
1. Terms and Definitions
On the pages of the present User Agreement, terms and definitions stated below have the following meaning:
The Website Administration/Administration – The owner of the sources by any means connected to the activities of the Website GIVEAWATION.COM conducting the Website administration that is the Party of the present Agreement.
Anonymous User – A user who is not registered on the Website, but uses the accessible Services provided by the Site.
Database – The Website element; an objective form of presentation and organization of various kinds of data that is systemized so that the data could be found and processed by means of hardware, software and technical tools of the Website.
The Contest Organizer – A user who uses the Site with a main purpose of holding a contest and attracting attention of other Users to his contest, who is registered on the Website and corresponds to the set of criteria, which is set by the Administration on the pages of the present Agreement as well as directly on the Website.
Balance – analytical account in the billing system of the Administration that is used for recording of the inflows and withdrawals of funds information, which were deposited for the purposes of payment of the Administration charged Services, including advance payments.
Personal Account – the Website section, access to which is provided to the User only in case of the authorization by means of entering the Credentials or authorization through defined by the Administration of the Website social networks.
User – an individual or legal entity who does not have any law restrictions for the acceptation of the present Agreement; who conducted the access to the Website and/or uses the Site, any of its Services, functions and/or possibilities provided by it, regardless of the fact of the registration on the Website according to the Chapter 4 of the present Agreement.
Registration Data – Information about the User that is provided by him during the process of registration on the Website according to the Chapter 4 of the present Agreement, including Credentials, e-mail address, etc., as well as all the changes and updates of that information, specified by means of Personal Account; or collected from other Services with agreement of the User. Submitting the Registration Data by the User, including the data that is not pointed out as obligatory for submitting, is a necessary condition for identification the User identity by the Administration during the execution of the Agreement.
Website/Site – the Website that is hosted on the Internet address GIVEAWATION.COM (as well as on all the domains of the following level related to the address) representing an aggregate complex of program software, Databases and other elements of the Website. In addition, the Elements of the Website are: the original text and the object code, independent electronic computer programs, instructions, design (graphical formalization) of the Website and independent elements of the design; any section or subsection of the Site, any titles, texts, fonts, audio dubbing, visual dubbing, interface as well as any other information placed on the Website, etc.
Service – any function and/or possibility provided by the Site, regardless of the fact of provision those function and/or possibilities for a charge or not.
Agreement – the present User Agreement, including all the special conditions regarding independent Services, regalements and other documents that are mentioned on the pages of the Agreement, as well as the information placed by the Administration on the Website; and regulating the relations between the Parties on the subject of using the Website and/or its Services, rights and responsibilities of the User regarding his usage of certain Services.
Parties – The Administration and the User altogether.
Credentials – a unique login and password of the User that are created during the process of registration on the Website and are used for providing the access of the User to his Personal Account, as well as the process of identification of the User while providing the Services as a part of the present Agreement. Parties admit Credentials in the total as analogue to the handwritten sign of the agreement during the process of concluding the present Agreement and formalization of notifications and information transfer.
Terms and Definitions that are written in plural form have the same meaning as in singular form, the opposite is also true.
2. Subject of the Agreement
2.1. The present agreement regulates the relations between the User and the Administration arising during the process of usage of the Services = provided by the Site by the User.
2.2. Usage of independent Services of the site could be regulated by means of conditions that constitute an integral part of the present Agreement existing as separate documents, rules, instructions, guidance and/or explanations submitted directly on the Website (further on the pages of the Agreement – “Service Conditions”). In case of contradiction or inconsistency between the text of the present Agreement and Service Conditions, the latter is to be applied.
3.1. There are various informational, communicational and other Services provided by the Site and accessible to the User on terms of the present Agreement be means of usage of computer devices connected to the Internet, including,but not limited:
- Blog – Free Service with open content to the Users, whose purpose is to create a knowledge database on the Site subjects. Access to the content of the following service is provided without the need of necessary registration on the Website.
- Posting information of the contest that was held by the User is a charged Service that provides a possibility of posting the contest information to the open (free accessed) Database of the contests (the function is provided with purpose of simplifying the procedure of holding the contest). Decision of publication of the contest in the Database is taken exclusively at the discretion of the Administration. The User understands and agrees with the fact that the Administration reserves the right to refuse to the User in publication of the contest in one or all of the Databases before the fact of the publication or after it. Administration does not have to inform the User about the decision that was taken as well as about the reasons and/or terms of undertaking such a decision. The conditions of publishing of contests on the Website are available by the web-address: GIVEAWATION.COM/agree.
Except for the Services that are stated above, the Site provides access to other Services, both to existing and to the Services that might be created in the foreseeable future.
3.2. The Services are either provided by the Administration on free of charge, or charged basis. Services are supposed to be provided on free conditions unless other is stated on the Website.
3.3. Charged Services are provided on prepaid basis according to the tariffs and payment instructions that are stated on the Website.
4. Registration and Authorization on the Website
4.1. The access to certain Services can be caused by the necessity to register and/or authorize on the Website. In this particular case, the User has to register and/or authorize according to the guidance of the Site Administration.
4.2. During the registration on the Website, as well as later during the process of changing or updating such kind of data, the User is obliged to provide truthful and actual information, including the process of filling the registration forms.
4.3. Administration has the right to state restrictions for the User registration and the use of Services on the Site under its discretion.
4.4. Administration has the right to check the information provided by the Users during the process of Site usage. The Administration has the right to refuse in registration and/or authorization of the User under its discretion, or to forbid to the User the usage of the Website.
5. Conditions of Services Usage
5.1. The User is obliged to follow the present Agreement including the Conditions of usage of certain Services and other rules and documents mentioned in the present Agreement.
5.2. In the process of use of Services, the user does not have the rights to:
- change or create any derivative products, derivative compositions or compound compositions on the basis of Services and/or its elements without the Administration approval;
- decompile, deconstruct or take any other attempts to derive/extract the original code of the software that represents the Site and/or its Services elements;
- distribute, sell, sublicense, use the software, which is an element of the Site and / or services, or to transfer the rights to such software by means of any other method;
- delete or modify any trademark, logo, copyright protection sign or other notifications about titles, descriptions, symbols or signs on the Site, including the information and materials that are posted on the Site;
- copy, transmit, distribute, publish or use the information and/or results of intellectual activity posted on the Site in any other way without the permission of the Administration;
- use software bugs (and must immediately report them to the Administration), to intervene in the software code, gain unauthorized access to the computer system; to obtain, without proper authorization of the Administration, access to the Databases;
- transfer the rights and/or responsibilities under this Agreement, including the provision the access(opportunity) to the credentials to third parties;
- to undertake any actions aimed at damaging the Website, receiving unauthorized possibilities (access) to the Site;
- to resort to hacking, hacking attempts and/or interception the Data coming to the server or from the server;
- to disclose any information about other Users; limit the access of other Users to the Site or interfere with other Users in the use of the Services;
- to place information of advertising character on the Website without proper authorization from the Administration;
- to commit the ‘reselling’ of any of the Services provided by the Administration, or to benefit from them in any other way;
- to disseminate information contrary to the factual (rumors and slander) about the Administration, partners and employees of the Administration, other users or the Services;
5.3. If it is necessary for the User to engage in any actions related to the use of the Services, he must make sure that he enters into a legal relationship with authorized representatives of the Administration.
5.4. The User is obliged to provide the non-disclosure (secrecy) of the data stored in the Personal Account, and is responsible for the non-safekeeping and releasing the Credentials in any way possible.
5.5. The User is obliged to treat respectfully and correctly other Users and the Administration, including, but not limited to the following:
- not to use the profanity, obscenities and/or words/expressions that are capable of humiliating and/or diminishing human dignity;
- not to threaten with violence and physical harm;
- not to disseminate in any way materials propagandizing or expressing aversion or hatred towards any religion, culture, race, nation, people, language, politics, ideology or social movement.
5.6. The user guarantees to the Administration that he is authorized to use the selected funds to pay for the Services without violating the Laws of the Russian Federation and/or other legislation of the host country of the User. Administration is not responsible for any damage to third parties and/or other Users caused by the usage of means of payment not belonging to the User.
5.7. The User hereby agrees to receive advertising messages from the Administration and/or its partners and/or watching the advertisements during the process of using the Services without any additional notifications.
5.8. The User hereby agrees that the administration has the right to collect statistical and other Data on the use of the Services by the Users, as well as about the User himself.
5.9. Administration has the right to carry out preventive and/or maintenance works without prior notifications , during which the Services may not be available to the User or such access is limited, with the fact that such breaks cannot serve as grounds for compensation of any costs, damages, etc. by the Administration.
5.10. The Administration has the right to delete and/or change any Data, information. Results of intellectual activity, placed in any section of the Site, including the information placed by the Users.
5.11. The Administration does not compensate for any of the payments made by the User on account of payment for the Services in the case of loss of access to the Site and/or its Services by the User when it is not the fault of the Administration; including losing access in connection with violation of provisions of the present User Agreement, and in the case the User has not used the Services for reasons beyond the control of the Administration.
5.12. The User must independently provide nondisclosure (secrecy) of the data, stated in the Personal Account (including the Credentials, personal data of the User, etc.), and is responsible for non-safekeeping and disclosure of the information to third parties by any means possible. If control on the Credentials is lost, the User must immediately inform the Administration in order that is stated in the Chapter 10 of the current Agreement. In the case of receiving such a notification by the Administration, the Administration has the right to take suitable measures (including deleting (blocking) of the User’s account) after proper consideration and valuation of the User’s request and the information provided by him. After the measures have been taken, the User has the right to register on the Website again. In the case of not receiving the following notification by the Administration, the User independently bears the consequences that are connected to the loss of Credentials control.
6. Charged Services of the Website
6.1. The cost of the charged Services is places on the Website including the VAT (if applicable).
6.2. The Administration has the right to change the cost of the charged Services in one-sided order at its discretion. Administration will notify the User about the change in cost of the charged Services by means of publication corresponding information on the Site of the Service order.
6.3. The User can pay for the charged Services by any means (and according to the instructions) available on the Website.
6.4. The User is independently responsible for the accuracy and correctness of the payments conducted by him because of payment for the Services.
6.5. The Service is considered to be paid, and the Balance is charged if the statements below are applicable:
- in case of conducting the payment through the payment systems (by means of electronic money or bank cards) or with help of mobile payments (SMS) – when a specific notification is received by the Administration;
- in case of conducting the payment by means of bank transfer or bank account withdrawal, after a certain data about the money transfer is received from the bank by the Administration;
- in case of conducting the payment directly from the balance – in the moment of withdrawal of the money from the Account of the User.
6.6. In case of emergence of controversial situation on the fact of conducting the payment, a duty of proving is imposed on the User.
7. Materials and Information that is Allowed on the Website
7.1. All the exclusive rights on the results of intellectual activity, legitimately placed on the Site, belong either to the Administration or to their legitimate right holder.
7.2. Any information, legitimately placed on the Site, belongs to the Administration, regardless of whom it was placed by. Any actions devoted to that kind of information, as well as its usage, are possible only from the written agreement of the Administration in the order, set by the Administration, if other is not considered by the current Law.
7.3. The User understands and agrees with the fact that all the information and materials, placed either by him or by third parties on the Website or provided to the Administration by the User by any other means, can be used by the Administration at its discretion, including the Site or its Services promotion as advertising or marketing materials.
7.4. The current Agreement does not provide any intellectual rights on the results of intellectual activity placed on the Site, unless other is stated by the Administration.
7.5. In order to protect the rights on the results of intellectual activity, receiving statistical data, as well as with purpose of providing safety (preventing hacking and hacker attacks, etc.) and correct Services functioning, programs, hardware and software that are necessary for normal Website functioning, the Administration has the rights to receive information about geographical position of the User in order to define the location of the User, about the model of his computer and its components, etc.
7.6. No information and data placed on the Website by third parties is considered as reliable and official source of information. The Administration is not responsible for the collateral damage and/or losses that a User can suffer as a result of usage of the information presented by third parties.
7.7. The User guarantees that he would not violate the rights of third parties during the process of using the Services, including intellectual; the information is placed by the User is authentic and all the data (information, the results of intellectual activity) is placed on the Website on legitimate basis.
8. Technical Support
8.1. Administration is not obliged to provide the User with any kind of consultations and explanations concerning the questions of the Site usage and/or its Services, fixing the problems of technical character, as well as independently solve the problems of that kind except for the cases directly provided by the current Agreement. In addition, the Administration does not guarantee that any specific Website or Service bugs will be fixed. At the same time, the Administration states that its members, within reasonable limits, will make efforts to provide assistance to the User in solving technical problems that could appear regarding the usage of the Services.
8.2. On matters arising in connection with usage of the Services, as well as in cases predicted by the current Agreement, the User has the right to contact the technical support service by means of sending an e-mail message by the method defined by the Site. When contacting with the technical support, the User must provide full and reliable data related to the following User, such us the information about operational system settings and Internet connection data, etc. In the case when the User provides incomplete data or data that is causing doubts about its reliability and/or its affiliation to the person who contacted the technical support service, the technical support specialist has the right to request additional data and information from the User, including providing colies of requested documents in electronic or any other format.
9. Disclaimer of Warranties and Limitation of Liability
9.1. The user understands and agrees that:
9.1.1. The User uses the Website under his own risk, the Services are provided ‘as it is’, without any warranties that are not directly stated by the current Agreement.
9.1.2. The Administration does not guarantee that:
- The Services will satisfy the requirements of the User, including their uninterrupted, timely, secure and error-free provision;
- The results that can be received with the use of the Services will be accurate and reliable;
- The quality of the information, data, content, etc., placed on the Website, will correspond to the User’s expectations.
9.1.3. The Administration is not responsible for causing any direct or indirect damage that has happened not by the fault of the Administration, including, but not limited to:
- usage or impossibility of usage of the Site, including the information and/or materials, and/or Services placed on it;
- requesting unsanctioned access to the Personal Account and/or personal information of the User and/or confidential information;
- requests or behavior of any of third parties on the Site.
9.2. The Administration is not responsible for the technical breakdowns and pauses in providing the Services, for temporary glitches and pauses in the work of communication lines, for other analogical breakdowns as well as the defects of the computer from which the User provides Internet access with propose to get access to the Site.
9.3. The Administration is not responsible for direct or indirect losses that the User has suffered regarding the third parties’ actions, including those that led to non-transfer (non-arrival) or incomplete transfer (receipt) of funds to the account of the Administration through electronic or other payment systems, including the cases of purchasing the Services from third parties, non-authorized by the Administration; or conducting the payments connected with the use of the Services addressed to third parties.
9.4. Parties are released from responsibility for the full or partial failure to fulfill the commitment, in case the failure is caused by the force majeure (i.e. extraordinary and unavoidable under given conditions circumstances). To force majeure circumstances the following occasions are related: electricity breakdowns, global breakdowns in work of Russian and international segments of the Internet, routing systems failures, failures in the distributed Domain Name System, failures caused by hacking and DDOS-attacks. If the impossibility of fulfilling the commitment on the current Agreement would last longer than 2 (two) months, the Parties have the right to terminate the current Agreement without compensating for the possible losses suffered by one or both of the Parties.
9.5. Under any circumstances responsibility of the Administration is framed by the cost of paid and improperly provided (or not provided) Services.
10. Websites of Third Parties
10.1. The Site may contain the links that lead to other Internet Sites (Websites of third parties), that are not controlled by the Administration. Administration does not check the content and carry responsibility for the content of the Sited of third parties, including any materials and information placed there; availability of the third parties websites and consequences of their usage by the User.
10.2. Links to any sites of third parties, projects and/or services and/or products of third parties, placed on the Site, cannot be considered as approbated and approved by the Administration, unless other is stated.
11.1. All the notifications and/or messages during the period of validity of the natural Agreement can be directed by the User in electronic variants to the e-mail address info@GIVEAWATION.COM. In addition, the Administration has the right to request - and the User must provide any additional proofs, information and data (including the Register Data information) in order to make a decision regarding the User’s request.
11.2. Any other attempt of making contact that is not assumed by the current Agreement is considered as inappropriate.
11.3. All the electronic documents, notifications, personal will and/or other messages that are formed or conducted distantly under the provided by the Agreement order is assumed by the Parties as being committed in written form correctly.
12. Other Provisions
12.1. The current Agreement is regulated by the Law of Russian Federation.
12.2. Recognition of any provision of this Agreement invalid or not enforceable by the court does not entail invalidation of other provisions of the Agreement.
12.3. The Administration has the right to refuse execution of the current Agreement without any preliminary and/or subsequent notification of the User in one-sided extrajudicial order; completely or partly concerning certain Services , as well as temporarily suspend the provision of all or some of the Services, including by blocking access to the User's Personal Account and other Services.
12.4. In case of considerable violence of the conditions of the current Agreement by the User, the Administration has the right to fully recover the losses from the User (real damage and lost profit).
12.5. The Administration is entitled to transfer rights and responsibilities under the present Agreement to third parties, and The User hereby gives his authorization to the assignment of rights and responsibilities (including the transfer of debt). Administration may also entrust the total or partial provision of the Services t third parties.
12.6. The present Agreement comes into force since the moment of its publication on the Site.