User agreement

1. GENERAL PROVISIONS

1.1. This User agreement (hereinafter referred to as the Agreement) applies to the Marketing Up website at https://marketingup.ru and to all the relevant sites associated with https://marketingup.ru.
1.2. Marketing Up website (hereinafter referred to as the Site) is the property of Marketing Up LLC.
1.3. The present Agreement regulates the relations between the Administration of Marketing Up site (hereinafter referred to as Site administration) and the User of this site.
1.4. The site administration reserves the right to change, add, or remove items of this Agreement at any time without sending a prior notice to the User.
1.5. Continued use of the Site by the User means acceptance of the Agreement and changes made to this Agreement.
1.6. The User is personally responsible for checking this Agreement for any changes in it.

2. DEFINITIONS OF TERMS

2.1. The terms listed below have the following meanings for the purposes of this Agreement:
2.1.1 “Marketing Up” — a site located at domain name https://marketingup.ru, carrying out its activities through the Internet resource and related services containing information about the Products or Services and the Seller and allowing to select, order, and/or purchase of the Products or Services.
2.1.2. Site administration — employees who are authorized to manage the Site and act on behalf of Marketing Up LLC.
2.1.3. User of the Site (hereinafter referred to as the User) — a person who has access to the Site through the Internet and uses the Site.
2.1.4. Site content (hereinafter referred to as Content) - protected results of intellectual activity including the texts of literary works, their titles, prefaces, abstracts, articles, illustrations, covers, music compositions with or without text, graphic, text, photographic, derivative, composite, and other works, user interfaces, visual interfaces, trademark names, logos, computer software, databases, as well as design, structure, selection, coordination, appearance, general style and location of the Content included in the Site, and other objects of intellectual property all together and/or separately contained on the site.

3. SUBJECT OF THE AGREEMENT

3.1. The subject of this Agreement is to provide the User of the Site with access to the Products and Services contained on the Site.
3.1.1. The Site provides the following types of services to the User:
• access to electronic content free of charge, with the right to purchase (download) and view the content;
• access to search and navigation tools;
• providing the User with the opportunity to post messages, comments, User reviews, to rate the content;
• access to information about the Products and to information about purchase of the Product free of charge;
• other types of services implemented on the Site pages.
3.1.2. All existing (actually functioning) services of the Site, as well as any subsequent modifications thereof and services appearing in the site in the future shall be subject to this Agreement.
3.2. Access to the Site is free of charge.
3.3. This Agreement is a public offer. By accessing the Site, the User is considered as having accepted this Agreement.
3.4. The use of materials and services of the Site shall be regulated by the current legislation of the Russian Federation

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Site administration has the right:
4.1.1. To change the terms of use of the Site, as well as to change the Site content. The changes shall come into force from the moment of publication of the new version of this Agreement on the Site.
4.1.2. To restrict access to the Site in case of violation of the terms of this Agreement by the User.
4.2. The User has the right:
4.2.1. To access the Site to use it after meeting the registration requirements.
4.2.2. To use all services available on the Site, as well as to purchase any Products offered on the Site.
4.2.3. To ask any questions related to the services of the Site using the contact details which can be found on all pages of the Site.
4.2.4. To use the Site solely for the purposes and according to the procedure established by the Agreement and not prohibited by the legislation of the Russian Federation.
4.3. The User of the Site undertakes:
4.3.1. To provide, upon request of the Site administration request, additional information that is directly related to the services provided by this Site.
4.3.2. To observe the property and non-property rights of authors and other rights holders while using the Site.
4.3.3. Not to take any actions that may be considered as disrupting the normal functioning of the Site.
4.3.4. Not to distribute any confidential information and information protected by the legislation of the Russian Federation about individuals or legal entities while using the Site.
4.3.5. To avoid any actions that may result in violation of confidentiality of information protected by the legislation of the Russian Federation.
4.3.6. Not to use the Site for dissemination of advertising information, except for the cases with consent received from the Site administration.
4.3.7. Not to use the services of the site for the purpose of:
4.3.7.1. downloading the content that is illegal; violates any rights of the third parties; promotes violence, cruelty, hatred and/or racial, national, gender, religious or social characteristics discrimination; contains false information and (or) insults to specific persons, organizations, and authorities.
4.3.7.2. inducement to commit illegal acts or assist the persons whose actions are aimed at violating restrictions and prohibitions that are currently in force in the territory of the Russian Federation.
4.3.7.3. violation of the rights of minors and (or) causing them harm in any form.
4.3.7.4. infringement of the rights of minorities.
4.3.7.5. falsing identity of someone else's or representative of an organization and (or) community without sufficient rights including falsing identity of employees of this Site.
4.3.7.6. misleading about the properties and characteristics of any Product from the catalogue posted on the Site.
4.3.7.7. incorrect comparison of the Product, as well as formation of negative attitude towards persons who use (or don't use) certain Products, or condemnation of such persons.
4.4. Actions prohibited for the User:
4.4.1. Use of any device, software, procedures, algorithms and methods, automatic devices, or equivalent manual processes to access, acquire, copy, or track the Site content;
4.4.2. Disruption of proper functioning of the Site;
4.4.3. Any evasion of the navigation structure of the Site in order to obtain or attempt to obtain any information, documents, or materials by any means that are not specifically offered by the Site services;
4.4.4. Unauthorized access to the Site functions, any other systems or networks related to this Site, and any services offered on the Site;
4.4.4. Violation of security or authentication system on the Site or any network related to the Site.
4.4.5. Backward search, tracking, or attempts to track any information about any other User of the Site.
4.4.6. Use of the Site and its Content for any purpose prohibited by the legislation of the Russian Federation, as well as incitement to any illegal activity or other activity that violates the rights of the online shop or other persons.

5. USE OF THE SITE

5.1. The Site and the Content included in the Site are owned and managed by the Site administration.
5.2. The Site content shall not be copied, published, reproduced, transmitted, or distributed in any way, or posted on the Internet without prior written consent of the Site administration.
5.3. The Site content is protected by copyright, trademark law, other intellectual property rights, and unfair competition law.
5.4. Purchase of Products offered on the Site may require creation of a User account.
5.5. The User is personally responsible for maintaining the privacy of their account information, including the password, as well as for all activities carried out on behalf of the User who has the account.
5.6. The User shall immediately notify the Site administration about unauthorized use of their account or password, or any other violation of the security system.
5.7. The Site administration has the right to unilaterally cancel the User's account if it has not been used for more than 12 calendar months in succession, without notifying the User.
5.8. This Agreement applies to all additional terms and conditions for purchase of the Products and the provision of the Services provided on the Site.
5.9. The information posted on the Site shall not be interpreted as modification of this Agreement.
5.10. The Site administration has the right to make changes to the list of Products and Services offered on the Site and (or) to the prices applicable to such Products on their sale and (or) the services provided by the site at any time, without sending prior notice to the User.
5.11. The documents specified in it. 5.10.1 - 5.10.4 of this Agreement regulate, in the relevant part, and apply to the use of the Site by the User. The following documents are included in this Agreement:
5.11.1. Privacy Policy;
5.11.2. Contract of sale of goods by remote means;
5.11.3. Order application;
5.11.4. Suggestions and comments.
5.12. Any of the documents listed in it. 5.10. of this Agreement may be subject to updating. The changes shall come into force from the moment of their publication on the Site.

6. RESPONSIBILITIES

6.1. The Site administration shall not reimburse any damages that the User may incur in case of intentional or undeliberate violation of any provision of this Agreement, as well as due to unauthorized access to communications of another User.
6.2. The Site administration shall not be responsible for:
6.2.1. Delays or failures in the process of the operations caused by force majeure, as well as any failure in telecommunication, computer, electric, and other related systems.
6.2.2. Actions of money transfer systems, banks, payment systems, and delays related to their operation.
6.2.3. Proper functioning of the Site, if the User does not have the appropriate technical means to use it; the Site administration does not bear any obligations to provide the users with such means.

7. VIOLATION OF THE TERMS OF THE USER AGREEMENT

7.1. The Site administration shall have the right to disclose any information collected about the User of this Site, if such disclosure is required due to investigation or complaint regarding illegal use of the Site, or to establish (identify) the User who may violate or interfere in the rights of the Site administration or the rights of other Users of the Site.
7.2. The Site administration shall have the right to disclose any information about the User which it considers as necessary to comply with provisions of the current legislation or court decisions, to ensure compliance with provisions of this Agreement, protection of rights or security of Marketing Up LLC and the Users.
7.3. The Site administration shall have the right to disclose information about the User, if such disclosure is required or allowed by the current legislation of the Russian Federation.
7.4. The Site administration shall have the right, without sending prior notice to the User, to terminate and (or) block access to the Site if the User has violated this Agreement or Terms of use of the Site contained in other documents, as well as in case of termination of the Site or due to a technical malfunction or failure.
7.5. The Site administration shall not be liable to the User or the third parties for termination of access to the Site in case of violation of any provision of this Agreement or other document containing the terms of using the Site by the User.

8. SETTLEMENT OF DISPUTES

8.1. In case of any discords or disputes between the Parties to this Agreement, the submission of a claim (written proposal on voluntary settlement of the dispute) shall be a compulsory condition before applying to the court.
8.2. The recipient of the claim shall notify the claimant in writing about the results of the claim review within 30 calendar days from the date of its receipt.
8.3. If it is impossible to settle the dispute peacefully, any of the Parties shall have the right to apply to the court for protection of their rights granted to them by the current legislation of the Russian Federation.
8.4. Any claim regarding the terms of use of the Site shall be brought within 3 days after occurrence of the cause for a complaint, except for protection of copyright related to the Site materials and protected under the current legislation. If provisions item are violated, any claim or cause for a complaint shall be extinguished by limitation period.

9. ADDITIONAL TERMS AND CONDITIONS

9.1. The Site Administration does not accept counter offers from the User regarding changes to this User Agreement.
9.2. User reviews posted on the Site shall not be considered as confidential information and can be used by the Site administration without restrictions.

Updated on September 11, 2017