TERMS AND CONDITIONS – for non – residents of Russian Federation
1.1. Company – Limited Liability Company «MAER GROUP INTERACTIVE» (Taxpayer number 6670377525, Main state registration number 1126670014668), a company incorporated and acted under the laws of Russian Federation.
1.2. Partner – individual (who has reached the age of majority), legal entity (individual entrepreneur), non-resident of Russian Federation, accepted this General terms and conditions.
1.3. Partner Account (hereinafter “Account”) – Profile of the Partner, created while registering on the Platform, allows the Company to identify (authorize) every certain Partner through a unique login and password, after filling in the registration form of the Partner. To have the access to the Account the Partner creates its login and password and can change it in the order specified in particular instructions of the Platform. Partner Representative Accounts can be created within the Account of the Partner usage of which specified in particular instructions of the Platform.
1.4. Application – the software, including style components, images, graphics, scripts, video, music, sounds, text and other objects of intellectual property rights legally owned by the Partner.
1.5. Terms and Conditions – the agreement which specifies the terms and procedure of using the Platform, regulates relations between the Partner and the Company. This Terms and Conditions is an public offer addressed to the Partner by the Company under article 437 of Civil Code of Russian Federation (hereinafter “CC of RF”).
1.6. Platform – remote access interface to firmware of the Company, located on http://adappter.mobi, giving to the Application the possibility to integrate the SDK, connect billing, statistic systems and other functions which can be developed and added from time to time
2. General provisions
2.1. This General terms and conditions regulates relations between the Company and the Partner (may hereinafter be referred to individually as “Party” and collectively as “Parties”) accrues while using of the Platform and providing service by one Party to the other Party.
2.2. Relations between the Parties may be further regulated by other contracts, agreements and documents signed by both Parties, or located within the Platform, specifying the usage of the certain function of the Platform and/or service provided to the Partner (hereinafter “Additional documents”). Applying any of Additional documents shall not make the General terms and conditions invalid.
2.3. Actual edition of the General terms and conditions is located on http://adappter.mobi/assets/docs/agreement_en.html
3. Platform usage conditions
3.1. The Partner is allowed to use the Platform only after consent with the General terms and conditions and accession to it in the order, specified in the General terms and conditions. To have the access to the main functions of the Platform the Partner creates its own Account.
3.2. The Partner shall state actual and up-to-date information in the registration form. To enter the Platform the Partner creates unique accounting data – login and password, which deemed as confidential information and shall not be disclosed in any cases except as permitted by applicable law and / or the General terms and conditions. The risk of fraud and other misconduct with the Account of the Partner in connection with the loss of the password born by the Partner locate on his side. It is recommended to the Partner to choose the password of sufficient complexity to avoid the possibility of password attack by the third parties.
3.3. After registration of the Account the Partner is entitled to integrate the Application(s) with following of particular instructions, use functional of the Platform and have other rights provided by the Company to the Partner if the Partner does not breach the General terms and conditions.
3.4. User authorized within the Platform and gained the access to use and control the Account through such authorization shall be deemed as a proper owner of the Account.
3.5. Cookies technology can be applied in order to automatically authorize the Partner on the Platform to collect data including data of the Platform traffic.
3.6. The Partner may limit or forbid the usage of cookies technology through appropriate browser settings.
3.7. If the password is missed and authorization is impossible by the reason of blocking Account or other reasons, the Partner is entitled to apply to the technical support service of the Company or shall follow the instructions located in the section “Help” and other sections of the Platform. Methods of password recovery may be amended, modified or revoked unilaterally by the Company.
3.8. The Company provides the Platform functioning 24/7, but does not guarantee complete absence of interruptions related to technical defects or preventive works. The Company does not warrant that the Platform or any services will be operated in the future or that they will not stop working.
3.9. The Platform including all scripts, the Platform design, is provided “as is”, without any warranty.
3.10. The Partner, integrating the Application into the Platform, grants non-exclusive right to the Company to use the Application within the Platform within the worldwide territory in all languages by the following means:
Getting access to the Applications through the Platform;
Run applications on computers and other computing devices, including mobile devices of the Company and Users;
Installing the Application on computers and other computing devices, including mobile devices of the Company and Users;
Recording Applications to the computer memory, storage and executing of actions necessary for the functioning of the application according to its intended purpose, as well as the operation of the Application;
Adapting of Applications, that is, implementing the changes to the Applications for displaying ads to the users.
In other ways, if it necessary for the functionality of the platform that used by the partner, unless otherwise stated in written agreement between the Parties.
4. Rights and obligations of the Company
4.1. The Company holds all rights to the Platform (including software, databases, information, graphics, which are user interface elements contained in the Platform and etc.) brand name, trademark, logos and other distinctive marks of the Company.
4.2. The Company manages the Platform, determines its structure of administration, the Platform design, allows or limits the access of the Partners to the Platform, exercise other rights.
4.3. The Company is entitled to:
4.3.1. Change the Platform design, its content, list of services, amend and modify scripts, software and other items used or stored on the Platform, any server application with or without notification of the Partner, at any time.
4.3.2. Delete without any reasons and notification any Application, including if the Company considers that such Application violates and / or may violate the Russian legislation, the General terms and conditions, rights of other Partners or third parties, inflicting damages or threaten the safety of the Platform.
4.3.3. Organize mailing to the Partners (by email, sms and etc.)
5. Rights and obligations of the Partner
5.1. The Partner is entitled to:
5.1.1. Change login and password to access the Account.
5.1.2. Use the Platform in accordance with this General terms and conditions.
5.1.3. Perform any other actions not forbidden by laws of Russian Federation and the General terms and conditions regarding the usage of the Platform.
5.2. The Partner is obliged to:
5.2.1. State actual and up-to-date information in the registration form.
5.2.4. Immediately notify the Company about any cases of misconduct in respect of the Partner, the Company, the Platform, including "hacking" the Account and etc.
5.2.5. Immediately notify the Company about any cases of access to the non Partner’s information.
5.2.6. Not to perform any of prohibited actions specified in section 6 this General terms and conditions.
5.2.7. Periodically acquaint with the Terms and Conditions located at http://adappter.mobi/assets/docs/agreement_en.html (in any case not less frequently than once per 10 calendar days) and make monitoring of its amendments.
5.2.8. not violate the provisions of this General Terms and Conditions, as well as Additional documents.
6. The Partner is prohibited:
6.1. State deliberately false or inaccurate information in registration form.
6.2. Destabilize the functioning and operability of the Platform, make attempts to gain unauthorized access to manage the Platform or its closed sections (sections which are available only for the Company or other Partners) as well as perform any other similar action;
6.3. Unauthorized access to Accounts of any other Partners through password cracking, as well as to make such attempts.
7. Warranties and liability of the Parties
7.1. The Partner guarantees that the integration of the Application and copies of its parts, as well as other materials into the Platform does not violate anyone's rights and legal interests. In the case of any third-party claims in connection with the violation of the warranty specified in this article the Company may suspend its service for the Application of the Partner until all violations eliminated. The Partner undertakes to resolve such claims of the third parties.
7.2. The Partner guarantees that appropriate measures will be taken to ensure the confidentiality of login and password and prevent the possibility of an authorization by the third parties.
7.3. The Company guarantees the use e-mail addresses and mobile phone number listed in the Account for communication with the Partner, to send notifications, messages and sms-messages to the Partner, as well as providing services to the Partner, usage of services and other opportunities of the Platform with consent of the Partner, which can be expressed through the functionality of the Platform, unless otherwise stated in the General Terms and Conditions or applicable law.
7.4. The Company is not responsible for possible failures and interruptions in the Platform work and loss of information caused by that. The Company is not responsible for any damage of the Partner, including lost profits, or damage caused by or concerned with the use of the Platform.
7.5. The Company is not responsible for password cracking by the third parties and any acts committed with the Partner’s Account.
7.6. In case of violation the requirements of this General terms and conditions/or Additional documents by the Partner, the Company may cancel the provision of services at its sole decision, and such services during the reporting period in which the Company found the violation deemed not to be provided and shall not be payable.
8.1. This General terms and conditions shall be effective upon the acceptance of it by the Partner (Accept). Accept is expressed by marking appropriate field in the registration form, and performance of any action to use the Platform (for example, authorization, actual using of provided services, Application integration, usage of the Platform).
8.2. The provisions of the Terms and Conditions/or Additional documents (published within the Platform) may be amended, modified or revoked unilaterally by the Company in its sole discretion. These changes will take effect in the period specified by the Company, but in any case not earlier than ten (10) calendar days from the date of publication. The Company reserves the right to inform the Partner about the General terms and conditions amendments, the duration of its entry into force or about the adoption and entry into force of the new edition of the General terms and conditions by publishing the notification in the news section of the Platform, sending notification to the Partner, or otherwise at the Company’s sole discretion.
8.3. The rights and obligations of the Parties arising under the edition of the General terms and conditions, which has become invalid and lost its force, the provisions of the actual edition of the Terms and Conditions shall be applied, unless otherwise follows from the nature of relations between the Parties.
8.4. All disputes arising between the Parties shall be resolved by negotiations. Pre-trial procedure for resolving a dispute under the General terms and conditions shall be binding. The term for pre-trial settlement of claims is at least 30 (thirty) working days from the receipt of the claim by the Party. If no agreement will be reached, such dispute shall be heard and resolved in the appropriate court at the Company location (Russian Federation), unless otherwise stated in agreement between the Parties.