User Agreement for Use of “FREGAT UPPER STAGE” Mobile App of Glavkosmos Joint Stock Company
Terms and Definitions
Materials – any data or materials posted in the App or any its elements.
User – an individual who installed the App on a mobile device and uses the App. Unless the User proves otherwise, any actions taken using his or her mobile device shall be deemed to have been taken by the relevant User.
Right holder – Glavkosmos Joint Stock Company (INN (Taxpayer ID) 7707769361; KPP (Tax Registration Reason Code) 770201001; legal address: 129110 39, Gilyarovskogo st., building 3, level 11, office I, room 7, 129110, Meshchansky District, Moscow, Russia,.
App – a mobile app (software) of Glavkosmos Joint Stock Company “FREGAT UPPER STAGE”.
Agreement – this user agreement for use of the App executed between the Right Holder and the User.
General
This Agreement is a contract between the User and the Right Holder, the subject matter of which is granting of the right to use the App by the Right Holder to the User.
The Right Holder grants the right to use the App to the User under the terms specified in the Agreement.
This Agreement is a contract of adhesion. The Agreement shall take effect from the moment when the User expresses his or her consent to its terms by installation of the App on the User’s mobile device and starting to use it as intended.
The User shall fully review this Agreement before starting to use the App. Use of the App shall mean full and unconditional consent of the User to the terms hereof. In case of non-consent to the terms hereof, the User shall immediately stop using the App and delete it from the mobile device.
By consenting to the terms hereof, the User expresses his or her consent to Right Holder’s processing of personal data, images (photos) provided by the User in process of using the App, if it is provided when using the App functions. Processing of personal data, images (photos) provided by the User shall be carried out by the Right Holder exclusively to maintain operation of the App’s functions and services, to operate which personal data, images (photos) must be provided by the User. Processing of personal data, images (photos) provided by the User shall be carried out complying with the principles and rules of personal data processing and protection in accordance with Federal Law dated July 27, 2006 No. 152-FZ “On Personal Data” and article 152.1 of the Civil Code of the Russian Federation.
User’s consent to Right Holder’s use of his or her personal data (email, images (photos)) for its processing (recording, deletion) to maintain operation of the App shall also mean User’s consent to transfer of his or her personal data, images (photos) to third parties employed by the Right Holder to develop the App and support its functioning. User’s Consent to Right Holder’s use of his or her personal data shall also be granted to send User’s images (photos), made with the App through electronic communication channels to the User.
User’s consent to use of his or her personal data by the Right Holder shall become effective from the effective date of this Agreement until it has been revoked in writing.
By accepting the terms hereof, the User shall confirm his or her consent to receive information about functioning of the App, including information and other messages in the form of push-notifications.
The terms hereof shall also cover updates, finalized versions of the App, which may be realized by the Right Holder independently or third parties employed by the Right Holder (hereinafter referred to as Updates), except for the cases when a separate license agreement is attached to such Update. By consenting to installation of the Update, the User shall accept the terms of the Agreement for the corresponding Update, if installation of the Update is not accompanied by another license agreement.
Use of the App
The right to use the App shall be granted to the User free of charge under the terms of a simple (non-exclusive) license from the effective date hereof and until deletion of the App from the User’s mobile device.
In accordance with this Agreement, the User may use the App exclusively for personal non-commercial use by its reproduction in the memory of the User’s mobile device, where the App is installed, and also for use of the App according to its functional purpose.
The Right Holder shall not grant to the User the right to use the App for development of new intellectual property results (hereinafter - IPR), except when the App allows you to create new IPR using the User's image (photo) (processed using the Application's functionality) and their uploading to the User's mobile device or sending via electronic communication channels. The User shall not be entitled to:
- amend or develop any derivatives based on the App or any of its elements (including audio visual series and source code), including translation;
- remove any marks and/or information, including marks of intellectual property rights protection, means of individualization, technical means of protection;
- create copies of the App, except for the cases directly provided for by the existing legislation of the Russian Federation;
- independently or with employment of the third parties decompile, modify, decode, disassemble, emulate the App, and also distribute, make public and provide other access to the App or its individual elements / services, except for the cases provided for by the legislation of the Russian Federation.
Use of the Materials Posted in the App
Exclusive rights to the contents of the Materials posted in the App and links contained in the App belong to the Right Holder and other persons who provided the Materials.
All Materials are provided to the User exclusively for review when using the App as intended. Except for the cases provided for by the existing legislation of the Russian Federation, the Materials may not be reproduced (copied), distributed, processed, published or used otherwise fully or partially without consent of the Right Holder or other persons, who own the exclusive rights to the contents of the Materials.
The App and the Materials contain or may contain links to websites (third parties’ websites), as well as articles, photographs, illustrations, graphic images, music, sounds, video, information, apps, software and other works owned by the third parties, being the intellectual property and protected in accordance with the legislation of the Russian Federation.
Termination of the Agreement
The User may at any time terminate this Agreement unilaterally, having deleted the App and all of its copies from the mobile device, where the User used the App.
The Right Holder, under the terms provided for by the legislation of the Russian Federation, may terminate this Agreement at any time unilaterally, having deleted the App from the User’s mobile device, or block its further use.
Guarantees and Responsibility
Use of the App, its elements, Materials by the methods not provided for by this Agreement shall be infringement of the rights of the Right Holder and other third parties, who own the exclusive rights to the contents of the Materials, and shall entail responsibility provided for by the existing legislation of the Russian Federation.
The User shall independently be liable for infringement of the third parties’ intellectual property rights he or she committed through use of the App or the Materials by the methods not permitted by this Agreement, or for the purposes beyond permitted by this Agreement.
The User shall use the App in the form provided. The Right Holder shall not guarantee continuity, reliability and integrity of the App operation, and also shall not be liable for potential effects, losses (including actual damage, lost profit), which arose in connection with the use or inability to use the App, even if the User has notified the Right Holder about possibility of such effects or losses.
The Right Holder shall not be liable for actions or inaction of the third parties which resulted in temporary technical faults, interruptions in the App operation caused by faults in the communication lines, other similar faults or failures in the mobile device operation, with the help of which the User uses the App.
Miscellaneous
This Agreement and relations of the Right Holder and the User in connection with its performance shall be governed by the legislation of the Russian Federation.
This Agreement may be amended by the Right Holder without any prior notification. Any amendments to the Agreement made by the Right Holder unilaterally shall take effect from the moment of publication of such amendments online at: https://www.glavkosmos.com/en/privacy-fregat/ . The User shall receive a corresponding push-notification on the mobile device. User’s failure to review the Agreement and/or the amended revision of the Agreement may not serve as the grounds for the User not to perform his or her duties or not to comply with the restrictions specified by the Agreement.
The relevant revision of the Agreement is published online at: https://www.glavkosmos.com/en/privacy-fregat/ .
The User’s rights hereunder may not be transferred by the User to the third parties.
The Right Holder may unilaterally without the User’s consent assign the rights and obligations hereunder. Besides, the Right Holder shall notify the User about amendment by publication of the relevant revision of the Agreement with information about a new entity being the Right Holder online at: https://www.glavkosmos.com/en/privacy-fregat/ with a push-notification of the User to his or her mobile device with the installed App.
The Right Holder may employ the third parties to perform this Agreement. The User agrees that such third parties shall receive the same rights as the Right Holder, including in respect to the User’s personal data and images (photos).
Invalidity of one or more provisions hereof acknowledged by the court decision that has taken effect in accordance with the established procedure shall not entail invalidity of the entire Agreement for the User and the Right Holder.
All disputes, disagreements or claims arising from this Agreement or in connection thereto, including related to its performance, violation, termination or invalidity, shall be settled under the norms of the Russian laws in court at the location of the Right Holder.
If a claim or questions arise in connection with the use or inability to use the App or any of its elements, and also in connection with a potential failure to comply with the laws, infringement of the rights of the third parties, the User shall send the corresponding messages to the Right Holder, using feedback in the “Write a message” section of the App or to the following email: mail@glavkosmos.ru.
