This document is a proposal of Surprise Me LLC, TIN: 7816636266 (hereinafter Surprise Me) to conclude an agreement on the following conditions.
General provisions of the Agreement
- The document uses the following terms and definitions:
- Agreement — this agreement with all amendments, additions and changes.
- User — a capable physical person who performs and uses the Service in his own interests or acting on behalf of and in the interests of the legal entity represented by him. Any person automatically confirms that he fully complies with the provisions of the Agreement and that the requirements set forth in the Agreement are applicable to him.
- Site — an automated information system on the Internet, located at https://surprizeme.ru and its subdomains.
- The Mobile Application is a computer program designed to use the Service on a user’s mobile device.
- Application — the computer programs and their component parts (databases, etc.), including the Site and the Mobile Application, intended for accessing the Service.
- Service — a complex of services provided to the user using the Site and Mobile Application.
- Content — the text information, images, audio and video materials of copyright and/or related rights.
- Tour — User-added Content combined logically into a single structure and intended for use in the Mobile Application.
- Spam — mass unauthorized email or other mailings of advertising, information, campaign or other nature.
- Surprise Me reserves the right to amend the Agreement and related documents without prior notice at any time. The new edition comes into force from the moment it is posted on the Website or by bringing the information to the attention of the User in another form. Any information previously published by the User must fully comply with the new Agreement.
- Any changes to the Service, including the addition of new tools and resources, automatically fall under the terms of the Agreement.
- Use of the Service is governed by the current version of the Agreement and replaces all previous versions.
- You use the Service at your own risk. The service is provided “as is” and “what is available at the moment”.
- Support is available using any of the methods listed on the “Contacts” page located at https://surprizeme.ru
- When using the Service, third-party products and programs are used, including software and hardware of third parties and organizations.
- Surprise Me reserves the right to release updates to the Applications that will supplement, modify, add or remove the functionality of the provided Service. Updates are made automatically, including without prior notice.
- Surprise Me is in no way connected with the Content provided and published by Users on the Service, and does not pre-moderate the information they add, but reserves the right to refuse to publish any content unilaterally.
- You are fully responsible for the published Content, personal data and any actions performed under your account (even if these actions are performed without your knowledge by persons having access to your account).
- Surprise Me reserves the right, which is not an obligation, unilaterally, at its discretion and at any time, to refuse to use the Service to you, to delete all Content downloaded by the User, or part of it, as well as other Information and/or User account, block it without notice.
- Violation by the User of the clauses of the Agreement, as well as their failure to comply, may lead to immediate blocking or deletion of the account without prior notice.
- Surprise Me reserves the right to deny access to the Service at any time to anyone.
- Surprise Me reserves the right to change the services provided and prices for them (including monthly tariff plans) at any time and at its sole discretion, without prior notice.
- Surprise Me is not responsible to anyone for any modification, price change, suspension, or complete cessation of service.
Use of the Site
- Registration of an account on the Site is done independently by the User. Registration of accounts by robots (“bots”) or any other automatic methods is prohibited.
- To complete the registration process, you must provide your real name, a valid email address and other necessary information.
- You are solely responsible for maintaining the confidentiality and security of your account, as well as for the safety of your password. In the event that you fail to comply with generally accepted security standards, Surprise Me cannot and will not be responsible for losing data or hacking your account.
- To delete your account, you should send the corresponding request to support on the “Contacts” page. When you delete your account, all personal data associated with it will be deleted, and some downloaded Content may be left behind. This operation is not reversible.
- When using the Site, you expressly agree to view, create and/or buy Quest for various mobile operating systems, even if platforms or mobile operating systems are no longer available today.
- The prices on the Site are not including any tax charges or other tax payment obligations. You must independently calculate tax charges and other tax liabilities with the exception of US taxes (federal or local).
- The site provides tools to notify and assist in delivering the Quest to the device to the Mobile Application User for whom it is intended, however, Surprise Me does not guarantee its receipt and passage due to human factors or other unforeseen events that are not dependent on Surprise Me.
Restrictions of using the Service
- Surprise Me disclaims any express or implied warranty and does not guarantee the following:
- The service fully meets your requirements and expectations at the moment and will meet them in the future;
- the operation of the Service and maintenance will be continuous, timely, fast, safe and/or error-free;
- the results obtained using the Service will fully comply with your ideas, will be accurate and reliable and can be used in any capacity;
- the quality of any products or services purchased or obtained in other ways with the help of our Service will meet your ideas or expectations;
- any error of the Service will be corrected.
- You understand and agree that Surprise Me is not responsible for any direct, indirect, unforeseen, special, consecutive losses, damages or penalties, including losses for loss of profits, business reputation, unauthorized access, data loss or other losses (even if Surprise Me has been warned of such damages), including:
- use or inability to use the Service;
- the cost of purchased goods and services derived from any other goods, services or information purchased, received or transferred through the Service;
- unauthorized access or modification of your data;
- complaints of third parties on the maintenance and operation of the Service;
- the content of information published by Users;
- any other question regarding the maintenance and operation of the Service.
- When using the Service, the User may not:
- upload, send, post and / or disseminate information that is illegal, harmful, defamatory, discriminatory on racial, ethnic, national, age, sexual, religious or other grounds, demonstrating or promoting violence and cruelty, violating intellectual property rights containing insults to any persons (including death threats or revenge), containing elements of pornography, advertising of sexual services, descriptions of the process and time production of drugs or explosives, as well as weapons;
- violate the rights of third parties, including minors, and/or commit a physical act against them and/or harm them in any other form;
- impersonate others without sufficient rights, as well as mislead users regarding any objects, subjects or their properties;
- create similar Applications in order to mislead individuals that an external resource is associated with or is the Service;
- upload, publish, post, transmit spam, schemes of various “pyramids” (including financial ones) and network marketing, personal information of Users, internet earning systems using electronic means of information transmission or the Service, as well as use the Service to participate in these events;
- disrupt the normal operation of the Service and its Applications;
- violate the laws of your place of stay (including copyright laws and any other legislation), as well as international law.
- In the event of complaints or claims of insults, bodily harm (including death), copyright infringement, fraud or trademark infringement through the creation and / or use of any Applications created using the Service, as well as in any other case when bringing Surprise Me to liability or imposing a penalty in connection with the violation by the User of the clauses of the Agreement, you bear all expenses for compensation of harm and damages of Surprise Me, its divisions and branches, employees, Users to any other third parties.
- All objects used in the operation of the Service, including texts, graphics, audio and video materials, computer programs or their parts, databases are subject to the exclusive rights of Surprise Me, Users and other copyright holders.
- The rights to the appearance, design, functionality and code of the Service and Applications are fully owned by Surprise Me. All rights reserved.
- You agree not to copy, sell, resell, exploit, decompile, modify, distribute or publicly display any Content hosted on the Service, any functional part of the Service, as well as the Applications included in the Service, design elements, computer programs and databases without the written permission of Surprise Me.
- When a User adds Content (including when creating and/or publishing a Tour), you grant Surprise Me the right to use it for the entire duration of the exclusive rights to intellectual property or to protect non-property rights to this Content for use in all countries of the world.
- Within the framework of the simple (non-exclusive) license provided in p.5.4 Surprise Me, the use of the Content is permitted at any time, without prior notice and at its discretion, and the following actions are taken on it:
- to reproduce Content, i.e. make the production of one or more copies of the Content in any material form, as well as its recording in the memory of an electronic device (the right of reproduction);
- to distribute copies of the Content, i.e. provide access to the Content reproduced in any form, including online and other means, as well as by selling, renting, renting, lending, including importing for any of these purposes (distribution right);
- to publicly show Content (the right to public display);
- to publicly perform the Content (the right to public performance);
- to report the Content in such a way that any person can access it online from anywhere and at any time of his choice (the right to be made public);
- to modify Content, i.e. to redo or otherwise process the Content, including the translation of the Content from one language to another (the right of processing);
- the right to transfer all or part of the rights obtained to third parties (the right to sub-licensing).
- You acknowledge that you have the right to use the information that you upload, publish and distribute through the Service, and are solely responsible for observing and paying in time any licenses and copyrights to intellectual property if any.
- You agree that other Users will be able to view the Content published by you and distribute information about what you are posting.
- If you find a violation of any clause of the Agreement when working with the Service, notify Surprise Me with the following information:
- the indication of the item (s) that is violated;
- the indication of the location and/or hypertext link to the page with the violation.
- Surprise Me respects copyrights and we ask Users to do the same. In the event of a copyright infringement when working with the Service, notify Surprise Me with the following information:
- a detailed description of the product, work or any other intellectual property whose rights have been violated;
- an indication of the location and/or hypertext link to the product, work, or any other intellectual property page whose rights have been violated;
- any evidence that the information was used unlawfully, including a statement from the copyright holder, its representatives, or representatives of official authorities;
- Your statement (you are also fully responsible for perjury) that the information on the violation of the intellectual property rights is genuine, and you are the copyright owner or his representative;
- Your electronic or regular signature, name, address, telephone number and email address.
- If for any reason any of the clauses of this document is deemed impracticable or unenforceable, it should be removed from the current document, as well as all its versions. This does not affect the validity of the other clauses of the Agreement.
- In accordance with this Agreement, Surprise Me shall not be liable for failure to fulfill its obligations in connection with a fire, flood, earthquake, as well as other natural disasters, wars, civil unrest, terrorism, lack of Internet, government acts or court rulings, the introduction state of emergency, strikes and labor disputes or any other events that are not within the competence of Surprise Me and do not go beyond what is reasonable.
- The lack of action in relation to the User in case of violation by him or another User of the clauses of the Agreement does not deprive Surprise Me of the right to take appropriate actions in the future.
- All disputes under the Agreement shall be considered in court at the location of Surprise Me in accordance with the applicable procedural law of the Russian Federation.
Additional Terms of Service Use:
- You must be 10 years old so that you can use our Service.
- Surprise Me is in no way associated with the Content provided and published by the Users in the Application and does not imply any intellectual property rights that you use in the course of working with the Service unless this information is directly in Surprise Me intellectual property.
- Any Tours created using the Service must be created of their own free will.
- Tours purchased through the iTunes Store should not be presented to other users.