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License agreement for
the use of the software "I`m in"

1. General Conditions

 

1.1 Our mobile application "I'm in:"/"I'm in: vacancies and jobs" is a video service for job search and employees, in which job seekers post short video resumes, and employers post video vacancies, corporate and PR content (hereinafter referred to as the "Application"). The application is supported by “I’m in:” LLC As part of this User Agreement, we provide you with access to the Application, and you undertake to use it in strict accordance with its terms and conditions described below.

 

1.2 You are reading the User Agreement (hereinafter referred to as the "Agreement"), which regulates the relationship between you and us and sets out the terms by which you can access and use the Application, our websites, services, applications, products and content (collectively, the "Services"). For the purposes of this Agreement, "you", "your" and "User" mean you as a user of the Services. If you access or use the services on behalf of an enterprise or organization, then (a) "you" and "your" means a legal entity or organization, (b) you warrant that you are an authorized representative of the enterprise or entity authorized by this legal entity to accept this Agreement and agree with these terms on his behalf, and (c) your business or organization is legally and financially responsible for accessing or using our services, as well as for accessing or using your account by others, related to your organization, including employees, agents, or contractors.

 

1.3 This Agreement, as well as the Anti–Infringement Guidelines, the Rules for Reviewing Applications, (hereinafter collectively referred to as the "Terms of Use"), which are an integral part of this Agreement, as well as the Privacy Policy, constitute legally binding agreements between you and us. Please take the time to read them carefully. After filling in the required fields and familiarizing yourself with this Agreement, you accept this Agreement by clicking the "Register" button or similar, which within the meaning of art. 437 and 438 of the Civil Code of the Russian Federation is the acceptance (acceptance) of our offer, as well as the conclusion of a contract that creates obligations for you to comply with the terms of the Agreement. The actual use of the Application without account registration, in the form and to the extent available without registration, is also an acceptance of this Agreement. By accessing the Application and using the Services, you confirm that you have read and agree to the Privacy Policy. When transferring funds using the Application, you agree to the offer of the Connected Bank.

 

1.4 By registering in the Application, you confirm that you have reached the acceptable age of registration in accordance with applicable law and/or have obtained all necessary consents (for example, parents) in full compliance with applicable law, including for the purposes of compliance with data protection legislation. Otherwise, registration in the Application and its use are prohibited.

 

1.5 This Agreement, Terms of Use, Privacy Policy and other applicable agreements, and the terms and conditions that are included in this document by reference, can be found directly in the Application or in the corresponding application store of your mobile device, where the Application is available for download. You can print or save for yourself local copies of the Agreement and Terms of Use, the Privacy Policy, the Assignment Agreement and the offer of the Connected Bank.

 

1.6 If you do not comply with this Agreement, the Terms of Use or any other applicable terms and conditions, we may suspend or terminate your account as described below.

 

1.7 We have compiled all the terms used in the Agreement and its annexes into a Glossary for your convenience.

 

1.8 From time to time, we make changes to this Agreement and the Terms of Use, Privacy Policy and other legally binding documents, for example, when we update and expand the functionality of our Services and/or Applications or when there are changes in legislation. We will make reasonable efforts to notify all Users of any material changes to this Agreement and other documents within a reasonable time, for example, by notification in our Application or by email. However, you should regularly review the terms to check for such changes.

 

Your continued access to or use of the Services after the date of the new terms means your acceptance of them. If you do not agree with the new version of the Agreement or other terms and conditions, you must stop using our Services/Application.

 

2. Terms of Use

 

2.1 Your account

 

2.1.1 Account Registration

 

2.1.1.1 To access or use some of our services, you must create an account (account/profile). When creating this account, you must provide accurate and up-to-date information. It is important that you update your data and any other information that you provide to us in a timely manner so that it is up-to-date and complete.

 

2.1.1.2 You will need to specify your mobile phone number and/or email address where the authorization code will be sent. You will also need to specify the last name, first name and username of the user on the Platform. You hereby agree to send you SMS messages to the specified mobile phone, send emails to the specified email address with an authorization code for the purposes of confirming the number and the subsequent possibility of you logging into your account in accordance with Federal Law No. 126-FZ of 07.07.2003 "On Communications".

 

2.1.1.3 The Application Registration form may request additional information from the User.

 

2.1.1.4 You agree that you are solely responsible for the actions that occur under your account. We are not responsible if your account is hacked and your rights are violated. All actions performed by the User using the phone or e-mail are considered to be performed by the User. However, you can always contact our support service for help contact@imin.works 

 

2.1.1.5 You independently determine the conditions and provide access to your personal data to an unlimited number of persons, including by registering and using the standard functionality of the Application. We do not initiate or influence your choice, we do not distribute your data independently, and we also do not have the goal of obtaining permission from you to distribute your personal data.

 

Your credentials and other data are processed by us on the basis of this Agreement for the purpose of proper execution of the Agreement on the terms and in the manner specified in the Privacy Policy,

 

2.2. The Application is prohibited:

 

register as a User on behalf of or instead of another person ("fake account");

 

to mislead Users about their identity by using the phone or email address of another registered User;

 

misrepresent information about yourself, your age, or your relationships with other persons or organizations;

 

upload, store, publish, distribute and provide access to or otherwise use any information that: contains threats, discredits, insults, discredits the honor and dignity or business reputation of other Users or third parties or violates their privacy; violates the rights of minors; is vulgar or obscene, contains pornographic images and texts or scenes of a sexual nature involving minors; contains scenes of inhumane treatment of animals; contains a description of the means and methods of suicide, any incitement to commit it; promotes and/or promotes incitement to racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority; contains extremist materials; promotes criminal activity or contains tips, instructions or guidelines for committing criminal acts, contains restricted access information, including state and commercial secrets, information about the private life of third parties, but not limited to the above; contains advertising or describes the attractiveness of the use of narcotic substances, including "digital drugs" (sound files that affect the human brain due to binaural rhythms), information about the distribution of drugs, recipes for their manufacture and tips for use; is fraudulent; and also violates other rights and interests of citizens and legal entities or requirements of the legislation of the Russian Federation;

 

it is illegal to use the intellectual property of third parties;

 

increase the number of Likes, comments, subscribers (so-called "cheating") using automated and/or paid systems;

 

use the software and perform actions aimed at disrupting the normal functioning of the Application;

 

in any way, including by deception, abuse of trust, hacking, but not limited to, trying to gain access to another User's account;

 

to carry out illegal collection and processing of personal data of other persons;

 

incite conflict situations, carry out calls for violation of the Agreement, the Terms of Use and the legislation of the Russian Federation and other applicable legislation;

 

post information on methods, methods of development, manufacture and use of narcotic drugs, psychotropic substances and their precursors, new potentially dangerous psychoactive substances, places of their acquisition, methods and places of cultivation of narcotic plants;

 

to carry out illegal gambling activities;

 

post information containing offers for the remote retail sale of alcoholic beverages, and (or) alcohol-containing food products, and (or) ethyl alcohol, and (or) alcohol-containing non-food products, the retail sale of which is limited or prohibited by legislation on state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on the restriction of consumption (drinking) alcoholic beverages;

 

post information aimed at inducing or otherwise involving minors in committing illegal actions that pose a threat to their life and (or) health or to the life and (or) health of other persons;

 

to post information expressed in an indecent form that offends human dignity and public morality, contains a clear disrespect for society, the state, official state symbols of the Russian Federation, the Constitution of the Russian Federation or bodies exercising state power in the Russian Federation;

 

to post information containing calls for mass riots, extremist activities, participation in mass (public) events held in violation of the established order, unreliable socially significant information disseminated under the guise of reliable messages, which poses a threat of harm to the life and (or) health of citizens, property, the threat of mass violation of public order and (or) public safety or the threat of interference with the functioning or termination of the functioning of life support facilities, transport or social infrastructure, credit institutions, energy, industry or communications facilities, as well as information materials of a foreign or international non-governmental organization whose activities are deemed undesirable on the territory of the Russian Federation, and information allowing access to the specified information or materials.

 

 

 

3. Granting license rights to the Application.


 

3.1 We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services for the purpose of violating any intellectual property rights. We reserve the right to block access to the Application at any time and at our discretion without notice/Services and/or delete the account of any User who violates or allegedly violates copyrights or other intellectual property rights.

 

3.2 Granting you license rights to use the Application. Subject to your compliance with this Agreement and all other applicable terms and conditions, we grant you a limited, non-exclusive license without the right to issue sublicenses (as well as without the right to transfer and assign access to the Application), to use the Application and integrate with it, but only to the extent permitted by this Agreement and all other applicable terms and the rules. You will not sell, transfer or sublicense the rights to the Application to others. Unless this Agreement expressly grants you a license to do so, you will not use, access, integrate, modify, translate, reconstruct or otherwise exploit the Application or any of its elements, or create derivative works of them.

 

3.3 “I’m in:” LLC performs the current management of the Application, determines its structure, appearance, allows or restricts your access in case of violation of the provisions of this Agreement, exercises other rights belonging to it. The User agrees that we have the right to use the functional and technical capabilities of software tools (audio/video players and editors) that ensure the display of Content posted within the Application, at our discretion, including for the purposes of displaying advertising.

 

3.4 In terms of providing the possibility of interaction between Users, including providing Users with the opportunity to independently perform certain actions within the Application, “I’m in:” LLC acts solely as the person who provided the technological possibility of such interaction using the Application, and is an information intermediary in the sense of Article 1253.1 of the Civil Code of the Russian Federation. The transfer and storage of information provided by Users, graphic images and other materials related to such interaction, as well as providing access to them, via the Internet and the Application software are carried out without changing such materials or influencing their content on the part of “I’m in:” LLC.

 

3.5 We have the right to:

 

3.5.1 At any time change the design and user interface of the Application, its content, the content of the provided functions of the Application, change or supplement the scripts used, software and other objects used or stored in the Application, with or without User notification.

 

3.5.2 We reserve the right to temporarily or permanently disable the User's account at any time, including if you do not comply with any of the provisions of this Agreement, the Terms of Use or other applicable terms and conditions, or if actions that are carried out from your account, at our discretion, cause or may cause damage or degrade the quality services or may infringe or violate the rights of third parties, or violate any laws or regulations, which we will notify you about in a reasonable time.

 

3.5.3 We reserve the right, at any time and without prior notice, to remove or disable access to Content at our sole discretion for any reason.

 

3.6 You acknowledge and agree that we may terminate granting you the license rights to the Application described in this section at any time for any reason or for no reason.

 

 

 

4.Arbitration Applications

 

4.1. In case of disputes between Users within the framework of the Assignment Agreement, they are resolved by the Administration. Users agree that the Administration has the right to take any necessary actions based on the results of consideration of the disputed situation. The decision of the Administration is final and cannot be appealed.

 

 

 

5. Guarantees and Liability

 

5.1 Your guarantees and responsibilities

 

5.1.1 You guarantee that you have all the necessary authority and capacity to conclude this Agreement and other terms and conditions and assume responsibility for evaluating the accuracy, completeness and suitability of all opinions, ratings, services and other information, quality and functions of goods provided through the Application.

 

5.1.2 You are not entitled to transfer your rights or obligations under this agreement without our consent.

 

5.1.3 To the extent permitted by law, in any dispute you have with third parties as a result of your use of our Services, including, for example, any telecom operator, copyright owner or other Users, but not limited to, arising directly between you and such third parties, you irrevocably release us and our partners from any claims, claims and damages (actual and subsequent) of any kind and nature, known and unknown, arising in any way and related to such disputes.

 

5.2 Guarantees and liability of “I’m in:” LLC

 

5.2.1 We have the right to assign our rights and obligations to other persons. For example, this may happen in the event of a change of ownership (during a merger, acquisition or sale of assets) or by force of law.

 

5.2.2 The Application is provided "as is", we do not provide guarantees that:

 

The application will work continuously and will not contain technical errors;

 

The application will meet all your expectations or requirements.

 

5.2.3 We also do not control the statements and actions of people and other persons and are not responsible for their (or your) actions and behavior (on and off the Internet) or Content (including illegal or reprehensible). In addition, we are not responsible for the services and functions offered by other people or companies, even if you access them through our Application.

 

5.2.6 In case of problems with our Application, we are not able to predict all their possible consequences. You agree that we will not be liable for any lost profits or income, lost information or data, or for indirect, punitive or incidental damages arising out of or in connection with this Agreement, even if we were aware of the possibility of their occurrence. This provision also applies to the deletion by us of your information or account, loss of business, loss of business reputation or business interruption or loss of business opportunities. Any other losses will be limited to the amount paid by you to “I’m in:” LLC for the last 12 months.

 

 

 

6. Special conditions

 

 

6.1 Applicable law and jurisdiction. This Agreement, its subject matter and content are governed by the legislation of the Russian Federation. All disputes between the parties under this agreement are subject to resolution by correspondence and negotiations using the mandatory pre-trial (claim) procedure. If it is impossible to reach an agreement between the parties through negotiations within 60 (sixty) days from the date of receipt by the other party of a written claim, the dispute must be referred by any interested party to the court of general jurisdiction at the location of “I’m in:” LLC (with the exception of the jurisdiction of the case to any other courts), unless otherwise expressly provided by applicable law.

 

6.2 Completeness of the Agreement. This Agreement (including all terms and conditions) constitutes the entire legal agreement between you and “I’m in:” LLC regulates your use of the Services and completely replaces any previous agreements between you and “I’m in:” LLC in relation to our Services.

 

6.3 Age restrictions. The services are provided only to persons aged 4 years and older. By using the services, you confirm that you are older than the appropriate age specified in this Agreement. If we find out that someone under the relevant age specified above is using the Services, we will terminate that User's account.

 

6.4 Waiver of rights. Our failure to enforce any provision of this Agreement shall not be construed as a waiver of such provision or right.

 

6.5 Security. We do not guarantee that our Services will be safe or free of bugs or viruses. You are responsible for configuring your information systems, computer programs and Applications to access our Services. You should use your own antivirus software.

 

6.6 Partial invalidity. If a court having jurisdiction to decide on this matter determines that any provision of this Agreement is invalid, then this provision will be removed from the Agreement without affecting the rest of the Agreement, and the remaining provisions will remain valid and enforceable.

 

6.7 Communication Any notifications may be sent by one party to the other party:

 

by e-mail: to the User's e-mail address specified by him during registration, or to the e-mail address of “I’m in:” LLC contact@imin.works;

 

to the User's mobile phone number in the form of a message: by the User's phone number specified by him during registration;

 

to the Notifications section in the User's personal profile within the Application.

 

 

 

7. Additional terms – App Stores. 

 

To the extent permitted by applicable law, the following additional conditions apply when accessing the Application through certain devices.

 

 

 

7.1 Note about Apple products.

 

By downloading our Application to devices manufactured by Apple, Inc. (hereinafter referred to as "Apple") or from the Apple AppStore, you acknowledge and agree that:

 

this Agreement is valid between “I’m in:” LLC and you;

 

Apple is not a party to this Agreement;

 

The license granted to you under this Agreement is limited to a personal, limited, non-exclusive, non-transferable right to install the Application on Apple devices that you own or manage for personal, non-commercial use, in accordance with the "Terms of Use" set out in the Apple AppStore Terms of Service;

 

Apple is not responsible for the Application or its contents and is not obligated to provide any services for the maintenance or support of the Application;

 

To the maximum extent permitted by applicable law, Apple will not have any other warranty obligations with respect to the Application;

 

Apple is not responsible for any claims from you or third parties relating to the App, your ownership of the App, or its use, including without limitation (a) product quality claims; (b) any claims that the App does not comply with all applicable laws and regulations; and (c) claims arising from the protection of consumer rights or the application of similar legislation;

 

If any third parties claim that the Application or your ownership of the Application and its use violate the intellectual property rights of such third parties, Apple is not responsible for investigating, defending, resolving or rejecting such a claim of intellectual property infringement.

 

 

 

7.2 Google Play App Store. By downloading the App from the Google Play App Store operated by Google Inc. or one of its affiliates (hereinafter referred to as "Google"), you acknowledge and agree that:

 

in the event of a conflict between (a) the "Google Play User Agreement", the "Google Play Business and Software Policy" or other agreements that Google defines by default as the end user license of the Google Play App Store (collectively referred to as the "Google Play Agreements"), and (b) other terms and conditions in this The Agreement will apply Google Play Agreements regarding the use of the Application that you downloaded from Google Play;

 

Google does not assume any responsibility or liability related to the compliance or non-compliance of “I’m in:” LLC or by you (or any other User) of this Agreement or Google Play Agreements.

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