Last Revised: 05/07/2018
1.3. Users must be at least 13 years of age to access the Services and Content. If Users are under 18 years of age, they may only access the Services with their parent or legal guardian consent, provided that their legal representative agrees to be bound by these Terms.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (including, but not limited to, posted fees, billing procedures, promotion rules, subscription services, special sections or functions of the application). To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, promotions, product or service.
If you are a parent or legal guardian of a user under the age of 18, you acknowledge that:
2.1. We grant Users a personal, non-transferable, non-assignable, non-exclusive and revocable limited license to use our Services and software and to install our mobile apps on your device. Please remember that such license is subject to these Terms and is for the sole purpose of enabling your own personal private use of the Services. The Services may change or being modified from time to time, without prior notice. We may, at our own discretion, cease totally or partially, and/or permanently or temporarily the provision of the Services or Users accounts without prior notice.
The provided license does not include any right to:
Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
2.2. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. In consideration for us granting you access to and use of the Services, you agree that Tekhnologii Optimizatcii and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
2.3. Any charges related to Users for accessing the Services, including but not limited to Internet connection and/or mobile or data charges are full responsibility of such Users.
3.1. We may offer a certain type of Virtual Items. You may be allowed to "earn" or "purchase" virtual currency, also referred to as virtual coins, all for use in the Service. You understand that while you may “earn” “buy” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Items do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value.
3.2. Your purchase of Virtual Items through platforms such as the Apple App Store or Google Play is subject to those platforms’ payment terms and conditions and we are not a party to the transaction. We do not control how you can pay or how any refunds may be issued on those platforms. Please review those platforms’ terms of service for additional information. You represent and warrant that you are authorized to use the payment method you use to purchase Virtual Items. You authorize the applicable platform to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem encountered in order to proceed with your order.
3.3. We do not authorize, and expressly prohibit, the purchase of Virtual Items from third parties. You will not be allowed to offer, to sell or purchase Virtual Items to or from other users or third parties. In addition to violating these Terms, these resale purchase transactions may be fraudulent or may lead to identity theft. We are not responsible for any such transactions or any damages or harm that you might incur if you engage in transactions involving Virtual Items with other users or third parties.
3.4. All prices for Virtual Items are shown in the currency of your country and do not include applicable taxes and other charges, unless we state otherwise. Prices for Virtual Items are subject to change at any time, but changes will not affect any order you have already placed. You are responsible for any sales, use, value-added or other governmental taxes, fees or duties due with respect to your order. We may collect applicable taxes if we determine we have a duty to collect taxes.
3.5. All sales of Virtual Items are final, and Virtual Items are non-returnable and non-refundable. Virtual Items cannot be resold, transferred for value, redeemed for cash or applied to any other account.
YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, WHETHER YOU MADE A PAYMENT THROUGH A PLATFORM, SUCH AS APPLE APP STORE OR GOOGLE PLAY, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.
4.1. All materials and contents displayed, included, incorporated, uploaded, posted, published, contributed, performed and/or used on our apps, including, without limitation, any games, quizzes, lists, feeds, text, graphics, logos, photographs, images, software, audio, video, animations and themes (collectively, "Content"), other than the User's Content (as defined below), are:
(i) the sole property of Tekhnologii Optimizatcii and/or third parties (as applicable),
(ii) protected by applicable intellectual property rights, including copyright laws, and
(iii) intended solely for the personal use of Users and may only be used in accordance with the Terms hereof.
4.2 All trademarks, service marks, and trade names (including the company name and logo), whether registered or not, are proprietary of our company and/or third parties and you may not use and/or copy them, in whole or in part, without our prior written permission or any relevant third party. In addition to any right or remedy available to Tekhnologii Optimizatcii in accordance to any applicable law, Users shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
4.3 No rights or licenses are granted, expressly or by implication, to you by Tekhnologii Optimizatcii with respect to any proprietary information, patent, copyright, trademark, trade secret, or other intellectual property right, whether registered or not, except as expressly provided in these Terms.
4.4 Except as explicitly specified herein, Users may not download, copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, the Content or any part thereof. Without derogating from the generality of the aforesaid, downloading, copying, or storing any Content for any purpose (including, without limitation, for personal, noncommercial use) is expressly prohibited without prior written permission from us, or from the copyright holder identified in the applicable Content's copyright notice.
4.5 We do not have any responsibility for any Content contained in or accessed through the Services, and make no warranties or representations concerning any such Content. In addition, we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services, and Users irrevocably and fully release us from any and all responsibility and liability in connection with such Content.
5.1 Functionality on the Services may allow you to create and translate questions (the "User's Items") and to upload, post, incorporate and contribute Contents to the Services as part of the User's Items (together with the User's Items, the "User's Content"). All User's Content uploaded, posted, incorporated or otherwise contributed to the Services by User shall be owned by User (as between the parties hereto), but you are hereby granting us:
(i) an irrevocable, perpetual non-exclusive, worldwide, royalty-free, fully paid, sub-licensable right and license, to use, exploit, copy, download, publish, display, make available to the public, distribute, amend, modify, create derivative works and store such User's Content and to allow others to do so for any purpose, including in order to provide or enable the Services; and
(ii) an irrevocable, perpetual exclusive, worldwide, royalty-free, fully paid, sub-licensable right and license, to use, copy, download, publish, display, make available to the public, broadcast, distribute, amend, modify, create derivative works and store the User's Content for any purpose, including in order to provide or enable the Services (collectively the "User's Licenses"). For the avoidance of doubt, User's Licenses shall remain in full force and effect also after the termination of User’s use of the Services, for any reason whatsoever.
5.2 User warrants and represents that:
(i) the User's Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations; and
(ii) User has the full and unrestricted right and authority to grant the User's Licenses to us and upload, post, incorporate and publish the User's Content though the Services, all without infringing or violating any copyrights, privacy rights, publicity rights, trademarks or any other contractual, intellectual property or proprietary of any third party.
(iii) User must not promote sexually explicit user-generated content or create posts, comments, or photos within an app that are primarily intended to harass or single out another person for abuse, malicious attack, or ridicule.
User further warrants and undertakes that he/she/it shall be solely responsible for any User's Content that User shall create, submit, publish or share on the Services and for any damage or loss to User or any other third party resulting therefrom, and that User shall assume all risk in connection therewith. The User shall indemnify and hold us or anyone on its behalf from any liability, cost, damage and expense (including reasonable legal fees) caused due to and/or by the User's Content, as further specified.
5.3 User expressly acknowledges and agrees that we have no control over, and no duty to monitor or take any other action regarding which Contents are uploaded, posted or incorporated in or through the Services. We reserve the right (but do not have any obligation) to remove, disable access, edit, modify or otherwise manipulate User's Content from the Services, at any time, without notice to you and for any reason (including, without limitation, upon receipt of claims or allegations from third parties relating to such User's Content or if we suspect that you may have violated these Terms).
5.4 Although we will exercise reasonable efforts to preserve the materials stores on the Services, you are solely responsible for creating back-ups of your User's Content, and we shall not be responsible or liable in any way for the failure to preserve your User Content.
In addition, if you send us feedbacks or suggestions via e-mail or otherwise regarding the Services, you acknowledge that we may use them at our sole discretion, without any obligation to compensate you in any manner for such feedbacks or suggestions.
6.1. Users are responsible for safeguarding the password they use to access the Services. We encourage Users to use strong passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with the accounts. We cannot and will not be liable for any loss or damage arising from Users failure to comply with the above.
6.2. You must maintain the security of your account and account credentials, and you are responsible for any activities on your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of those users.
7.2. We do not make any representation or warranty whatsoever about such third party's websites, services or products. We also do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase or download from such third parties, and are not responsible or liable in any manner for your interaction with such third parties. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
8.1 We respect the intellectual property of others and take the protection of copyrights and any other intellectual property rights very seriously, and we ask our users to act the same. Accordingly, User warrants, represents and undertakes that User will not, and will not permit or authorize third parties to, use the Services in any way, and will not upload, display, post, incorporate and/or contribute to or through the Services any material or content (including User's Content), that:
8.2 User further warrants, represents and undertakes that User will not, and will not permit or authorize third parties to, use the Services in any way, and will not upload, display, post, incorporate and/or contribute to the Services any material or content (including User's Content), that:
8.3 In addition, except as expressly authorized herein, you will not, and will not permit or authorize third parties to:
9.1 The license granted to Users under these Terms is effective until terminated. We may terminate or suspend your license, account and access to the Services and/or to specific Content immediately, without prior notice or liability, if User breaches, or fail to comply with, any of the terms hereof, or in any case of fraudulent, abusive, or otherwise illegal activity. In which case, User’s right to use the Services and access any Content will immediately cease. All provisions of these Terms which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of User’s access to and use of the Services shall not relieve User of any obligations arising or accruing prior to such termination or limit any liability which User otherwise may have to us, including without limitation any indemnification obligations contained herein.
9.2 We may also terminate or suspend your license, account and access to the Services and/or to specific Content, without prejudice to any other rights or remedies which we may have, immediately upon the occurrence of any of the following events:
(i) you are involved in any voluntary or involuntary bankruptcy proceeding or any other proceeding concerning insolvency, dissolution, cessation of operations, reorganization or indebtedness or the like and the proceeding is not dismissed within thirty (30) days;
(ii) you become insolvent or unable to pay your debts as they mature in the ordinary course of business or make an assignment for the benefit of your creditors;
(iii) You become a party to a merger or consolidation, transfers all or substantially all of your business and/or assets to a third party and in our sole opinion, a material conflict of interest occurs with respect to the retention of the Services; or
(iv) We believe that improper use of the Services has occurred or is about to occur.
9.3 We are not responsible for any loss or harm related to your inability to access or use our Services.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. EXCEPT AS EXPRESSLY SPECIFIED OTHERWISE HEREIN, THE SERVICES ARE SUPPLIED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT THE USE OF THEM WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO ANY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS AND DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS.
IN NO EVENT SHALL WE, OUR SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES, IN CONNECTION WITH OR ARISING OUT THE LICENSE GRANTED HEREIN OR YOUR USE OF OR INABILITY TO USE THE SERVICES HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COMPUTER TIME, LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, OR LOSS OF USE OR INTERRUPTION OF BUSINESS, OR OTHER PECUNIARY LOSS. IN NO CASE SHALL THE AGGREATE LIABILITY OF TEKHNOLOGII OPTIMIZATCII AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS OR ARISING OUT OF OR OTHERWISE RELTATED TO YOUR USE OF THE SERVICES EXCEED THE HIGHER OF (I) ONE HUNDRED US DOLLARS, OR (II) THE SERVICE FEE ACTUALY PAID (IF ANY) BY YOU TO US FOR THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, OR OPERABILITY OF THE MATERIAL, CONTENT OR SERVICES PROVIDED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY HARM, LOSS AND/OR DAMAGE RESULTING FROM AND/OR IN CONNECTION WITH THE USE AND/OR ACCESS THEREOF, INCLUDING WITHOUT LIMITATION, ANY HARM, LOSS AND/OR DAMAGE THAT: (I) RESULTS FROM THE SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SERVICES; (II) RESULTS FROM UNAUTHORIZED USE, TEMPORARY OR PERMANENT NON-PERFORMANCE OF THE SERVICES, ERRORS OR OMISSIONS (INCLUDING, WITHOUT LIMITATIONS, DUE TO MAINTENANCE, UPGRADES AND REPAIRS OR DUE TO FAILURE OF TELECOMMUNICATIONS LINKS AND EQUIPMENT); (II) RELATES TO DOWNLOADING OR POSTING CONTENT; OR (III) RESULTS FROM ANY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
Upon our first demand, you will indemnify and hold us, our shareholders, directors, officers and employees, harmless from any liability, cost, damage and expense (including reasonable legal fees) caused due to and/or by your access to the Services, use of the Services, violation of these Terms, or violation or infringement of any rights (including, without limitation, copyrights and/or other intellectual property rights) of a third party through use of the Services.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our DMCA Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
PO Box 373
Pine Valley, California 91962
Phone: (800) 804-7260
These Terms shall be governed by, and construed in accordance with, the laws of Russian Federation, excluding its conflict and choice of laws principles. You agree that any action at law or in equity arising out of or relating to these Terms or the Services shall be filed, and that venue properly lies, only in competent courts located in Ryazan, Russia, and you hereby consent and submit to the exclusive jurisdiction of such courts for the purposes of litigating any such action.
17.1. We may assign at any time any of its rights and/or obligations hereunder to any third party without User’s consent.
17.2. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
17.3 Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing.
17.4 FACEBOOK DISCLAIMER: "The provided Services are not a part of the Facebook website or Facebook Inc. Additionally, the Services are NOT endorsed by Facebook in any way. FACEBOOK is a trademark of FACEBOOK, Inc."
If you have any further questions please contact us via Contact Us form or send us a letter to:
2637 E Atlantic Blvd #37635
Pompano Beach, FL 33062