5. Rights and Obligations of the Parties
5.1. Rights and Obligations of the Administration:
5.1.1. The Administration guarantees that it has all legal grounds to grant the User a non-exclusive license to use the Application. All rights to the Application and its component parts belong to the Administration or other right holders who have granted the Administration a non-exclusive license with the right to sublicense, including under open licenses (LGPL, BSD, MIT, etc.).
5.1.2. The Administration undertakes to make all reasonable efforts to ensure the stable operation of the Application, its gradual improvement, and the correction of errors in its operation; however, it is provided to the User on an "as is" basis. This means that the Administration:
5.1.2.1. does not guarantee the absence of errors in the operation of the Application;
5.1.2.2. is not responsible for the uninterrupted operation of the Application and its compatibility with the software and technical means of the User and other persons;
5.1.2.3. is not liable for any damages that have arisen or may arise in connection with or during the use of the Application;
5.1.2.4. is not responsible for the non-performance or improper performance of its obligations due to failures in telecommunication and energy networks, actions of malicious programs, as well as dishonest actions of third parties aimed at unauthorized access and/or disabling of the Administration's hardware and/or software complex.
5.1.3. The Administration guarantees to the User the operability of the Application provided that the User uses up-to-date versions of the operating systems specified in section 1 of the Agreement.
5.1.4. The Administration undertakes to ensure the User's right to use the Application provided in accordance with this Agreement.
5.1.5. The Administration undertakes to provide the User with the right to use the Application on the terms of a gratuitous non-exclusive license.
5.1.6. The Administration reserves the right to restrict, expand, or modify the content of the Application at any time unilaterally and without prior notice to the User.
5.1.7. The Administration reserves the right to update the required characteristics of operating systems on the User's Technical means. In this case, to continue using the Application, the User must download the new updated version of the operating system on the User's technical means.
5.1.8. The Administration may immediately block the User's ability to use the rights granted to the Application in case of the User's violation of the terms of this Agreement or if the Administration considers the User's actions fraudulent or aimed at damaging the Application, undermining the reputation or brand of the Administration.
5.1.9. The Administration may provide organizational and technical information, information about the functioning of the Application, and also place advertising, informational, and other messages inside the Application by any means, and the User, by accepting the terms of this Agreement, confirms his consent to this. The Parties agreed to consider this provision as the User's preliminary consent to receive advertising in accordance with Article 18 of the Federal Law of March 13, 2006 No. 38-FZ "On Advertising."
5.1.10. The Administration may process the User's personal data in accordance with the Privacy Policy located on the Site, as well as with the legislation.
5.1.11. The Administration may transfer the rights and obligations under this Agreement to third parties for the purpose of performing this Agreement without additional consent of the User.
5.1.12. The Administration reserves the right to block (restrict access) to the Channel for users of the Channel in case of violation by users of the Channel of the rules specified in the Channel and updated by the administration. Restricting access to the Channel does not terminate the effect of this non-exclusive license to the "AB.Money" application, nor does it constitute a breach of the Administration's obligations to provide full access to the "AB.MONEY" application under the terms of this User Agreement.
5.2. Rights and Obligations of the User:
5.2.1. The User has the right to use the Application in ways not prohibited by this Agreement and by the current international and Russian legislation, in accordance with its purpose and within its functionality.
5.2.2. In case of technical problems with the operation of the Application, the User has the right to contact the Administration to clarify the situation and take necessary measures.
5.2.3. The User has the right to ensure the security of their personal data to the extent that this depends on the Administration in accordance with the current international and Russian legislation.
5.2.4. The User undertakes to comply properly with the terms of this Agreement and the current legislation of the Russian Federation, as well as the rights and legitimate interests of the Administration.
5.2.5. The User undertakes not to use the Application or its parts for any purposes other than those related to personal non-commercial use.
5.2.6. The User must refrain from actions aimed at destabilizing the operation of the Application, attempting unauthorized access to the Application, its parts, and code, as well as from any other actions that violate the rights of the Administration or third parties.
5.2.7. The User undertakes not to attempt to disable or otherwise interfere with any technical means of protection of the Application.
5.2.8. The User undertakes not to attempt to change or modify any part of the Application.
5.2.9. The User undertakes not to use the Application in ways not provided for by this Agreement.
5.2.10. The User undertakes to protect their devices from viruses and other malicious software used for accessing the Application.
5.2.11. The User undertakes to compensate for damages (actual damage/lost profit) and/or compensation for the infringement of the Administration's exclusive rights to the Application.
5.2.12. The User has the right to a refund (Administration's Compensation) in exceptional cases specified in Appendix No. 1 to this Agreement.
5.2.13. The User has the right to use access to the Application on no more than 2 (two) devices. For violation of this provision, the Administration reserves the right to deprive the User of access without the right to a refund and the right to restore access.
5.2.14. By accepting this User Agreement, the User gives their consent to the Administration:
5.2.14.1. to use, on a gratuitous basis, in Instagram Stories, posts on Instagram in the Administration's accounts
https://www.instagram.com/ab.money_ and
https://www.instagram.com/sashabelair_, in Telegram channels of the Administration, and on the websites of the Administration and in the AB.MONEY Application:
- their image as a user photo (avatar),
- their video image,
- their full name and review about the materials in the Application and the AB.MONEY Application, received from the Administration, or other services or accesses provided by the Administration.
5.2.14.2. to send and receive informational mailings and advertising materials/messages from the Administration or from other persons on behalf of the Administration, to the email address and contact phone number provided by the User during registration on the Site.
Consent to receive and send informational mailings and advertising materials/messages from the Administration may be revoked by the User at any time by sending a corresponding notification to the Executor at:
info@abbrand.store5.2.14.3. to process their personal data in accordance with the Privacy Policy provided during registration on the Site, as well as in the personal account of the Application, namely: name, surname; image; email address; contact phone number; accounts in messaging programs and social networks, income level, profession, brief biography, field of activity.
5.2.15. The User undertakes not to violate the rules established in the Channel. In case of violation, the User may be blocked by the Channel administration without the right to restore access. The list of Channel rules is published directly in the Channel.