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LICENSE AGREEMENT
(as amended on 09/27/2022)
This License Agreement (hereinafter referred to as the "Agreement") governs the relationship between the user of the mobile application (hereinafter referred to as the "User") and SVAP MAP LLC (OGRN 1207800143726, located at the address: 197110, St. Petersburg, Vyazovaya street, 8 STROENIE 1, REM./PART 6-H/3), (hereinafter referred to as the "Company") arising from the use of the SwapMap software for smartphones and other portable (mobile) devices (hereinafter referred to as the "Devices"), intended for technical access to the Mobile application "SwapMap" (hereinafter referred to as "SwapMap").
Any download, installation, launch and other use of SwapMap or its individual functionalities, services, is considered the full and unconditional acceptance by the User of the provisions of this Agreement, as amended at the time of actual use of SwapMap, and the conclusion of the Agreement by joining it in accordance with Articles 428 and 1286 of the Civil Code of the Russian Federation.
The current version of this Agreement is available at https://swapmap.app/license-agreement/
TERMS AND DEFINITIONS
• SwapMap - software "SwapMap", for smartphones and other portable (mobile) devices, designed for technical access to the Mobile Application "SwapMap";
• Registration - the procedure for creating a User profile on the SwapMap platform, during which the User, by filling out the appropriate forms, provides the system with the information necessary to use the SwapMap services. Acceptance by the user of the terms of this Agreement is a mandatory step in the registration procedure;
• Authorization – entry into the User Profile, which consists in specifying the login and password registered by the user in the appropriate fields of the web page and pressing the "Login" button. Authorization on the site confirms the user's acceptance of the terms of this Agreement;
• Verification - the procedure for checking the data entered by the User during registration using an algorithm - by comparing them with the requested data, documents, statements, etc.;
• Acceptance (acceptance) of the Agreement - any action performed by the user within the framework of the use of SwapMap (including, but not limited to: the use of any part of the services, authorization, viewing data), indicating the user's full and unconditional acceptance of the terms of the Agreement;
• Device - any device that is technically capable of being used by a SwapMap user;
• Deactivation of the User's profile – technical and organizational actions carried out by the Company and aimed at limiting or suspending the User's ability to access SwapMap services from his profile. The blocking of the profile is carried out in order to prevent violations of the Agreement on the SwapMap platform in the manner prescribed therein;
• Internal game currency PPLR. From time to time, we may grant you a limited license to access virtual "currencies" that can be used on the Websites, Games or Services to access certain Virtual Items. (hereinafter referred to as the "Internal Game Currency")
• GENERAL TERMS
1.1. This license agreement (hereinafter referred to as the "Agreement") is developed by the Company and defines the terms of use of SwapMap, as well as the rights and obligations of its Users and the Company. The Agreement also regulates relations aimed at protecting the rights and interests of third parties who are not Users, but whose rights and interests may be affected as a result of the actions of Users.
1.2. The User is obliged to fully familiarize himself with this Agreement before starting to use SwapMap. The performance by the User of actions aimed at using SwapMap, including searching, viewing or submitting Advertisements, registering on SwapMap and other actions on using SwapMap means the full and unconditional acceptance by the User of this Agreement, as well as his consent to receive mailings of informational and advertising content, system notifications that cannot be unsubscribed from, service notifications and/or marketing notifications related to the User's actions on SwapMap.
1.3. The Company may send messages to the User in the notification center in the profile, to the email address or phone number specified in the profile, to the mobile device in the form of push notifications, as well as in messages on SwapMap. The Company has the right to contact the User by phone.
1.4. The user can manage service alerts and marketing alerts in the mobile device settings. Settings may vary depending on the device.
1.5. Actions to visit and / or use SwapMap using any device and any operating system, regardless of registration and authorization, indicate the User's unconditional consent to the terms of this Agreement.
1.6. This Agreement may be amended and/or supplemented by the Company unilaterally. Any changes/additions to this Agreement are considered valid from the date of their publication by the Company. The User undertakes to regularly check the terms of this Agreement for changes and / or additions. Continued use of SwapMap by the User after making changes and/or additions to this Agreement means acceptance and consent of the User with such changes and/or additions.
1.7. If the User disagrees with this Agreement or its updates, the User undertakes to stop using SwapMap by deleting all data and all content from his/her Personal Account. The User's refusal to use SwapMap and/or the removal of content does not terminate the Company's non-exclusive rights to the User's content that was used by the Company prior to the decision to refuse in the order.
1.8. The Company grants the User a non-exclusive license to use SwapMap, including downloading, installing (reproducing), launching, subject to the User's compliance with the conditions and restrictions specified in this Agreement. SwapMap is a mobile application that is a collection of the Company's intellectual property objects and information (administrative and user content) contained in the information system. SwapMap is an electronic catalog of announcements about events, events, excursions, service offers (together - "event") that users can offer and search on SwapMap for the purpose of concluding transactions.
SwapMap is a mobile application that is a collection of the Company's intellectual property objects and information (administrative and user content) contained in the information system.
SwapMap is an electronic catalog of announcements about events, events, excursions, service offers (together - "event") that users can offer and search on SwapMap for the purpose of concluding transactions.
1.9. During the term of the Agreement, the User is granted the right to use SwapMap in the following ways:
• installation of SwapMap an unlimited number of times on an unlimited number of devices owned by the User, provided that SwapMap is stored in the form provided in the relevant application store (Google Play or App Store);
• using SwapMap supported functionality available to Users on SwapMap;
• access to install and use new versions of SwapMap (as they are released).
1.10. The territory of use of SwapMap is the Russian Federation, as well as other countries in which SwapMap operates on the User's device.
1.11 Remuneration for the use of SwapMap under the terms of this Agreement is not charged.
1.12. Intellectual property law protects the Company's rights to SwapMap. The User does not acquire any exclusive rights to the intellectual property of the Company.
Exclusive rights to SwapMap, including, but not limited to computer programs, databases, interface, technical developments, logo, trademark, other means of individualization used on SwapMap and allowing to implement the functionality of SwapMap, belong to the Company.
SwapMap and its components, including those listed above, may not be copied (reproduced), processed, distributed, framed, published, downloaded, transmitted, sold or otherwise used in whole or in part without the prior written permission of the Company.
1.13. If the information (content) posted by the User is protected by copyright, the rights to such information are retained by the User who posted such information.
The user guarantees that he is the legal owner of all exclusive property rights to the posted content. With regard to the information posted by the User, all relationships relating to the rights of third parties to the posted information have been settled. If the User cannot prove the right of authorship to the posted content, the User is obliged to refuse to post the disputed content. The user independently bears full material and legal responsibility for all requirements, complaints and claims of any third parties in relation to the posted content.
At the same time, the User grants other SwapMap Users a gratuitous non-exclusive right to use such content by viewing, reproducing (including copying), processing (including printing copies) and other rights solely for the purpose of personal non-commercial use, except when such use causes or may cause harm to the legally protected interests of the right holder.
The User grants the Company a non-exclusive right to use the content placed on SwapMap and legally owned by him on a gratuitous basis in order to ensure that the Company operates SwapMap to the extent determined by its functionality and architecture, as well as display content (including, but not limited to, photos of Ads and from announcements, event description texts) in the Company's promotional materials, including within the SwapMap interface images, including by making such promotional materials available to the public, incl. in order to advertise SwapMap on various information resources. The specified non-exclusive right is granted for the entire duration of the exclusive right, includes incl. the right to reproduce content, as well as processing content, incl. by inclusion in a complex object or composite work, subsequent display, communication to the public, cable communication, etc. and extends its action to the territory of countries around the world. The Company has the right to transfer the rights specified in this clause to third parties. The expiration of the term for posting content on the Service and / or the term of the non-exclusive right does not entail the need to withdraw from circulation the Company's promotional materials with the display of content (including their removal from the Internet).
1.14. From the moment you start using SwapMap, the User grants the Company the right to distribute advertising information, including targeted information.
1.15. Nothing in this Agreement grants the User the right to use the logo, trade name, trademarks, domain names or other distinguishing marks of the Company.
• TERMS OF USE
2.1. The user acquires the right to use SwapMap from the moment it is installed on a mobile device through the application store (Google Play or App Store), which confirms the proper fulfillment by the Company of the obligation to transfer the right to use SwapMap to you.
2.2. To use SwapMap, the User needs to log in or register on SwapMap. Working with some of the SwapMap Functionality is possible only if you have access to the Internet, payment for Internet access by the User is made independently and at his own expense.
2.3. The User is responsible for his own actions in connection with the use of SwapMap, including in connection with the execution of transactions in relation to events, information about which is posted in announcements, the creation and placement of information and announcements in his own Personal Account and in other sections of SwapMap, in accordance with the current legislation of the Russian Federation. Violation of this Agreement and the current legislation of the Russian Federation entails civil, administrative and criminal liability.
2.4. The User confirms that he acts legally, has all the necessary rights to events (in particular, for posting Ads) and does not violate by his actions the legal rights and interests of third parties and the current legislation of the Russian Federation, including competition law and rights to the results of intellectual property activities and means of individualization.
2.5. The use of SwapMap is carried out by the User at his own risk: the User independently places Announcements in relation to Events at his own risk and risk, which the User has the right to dispose of. The User considers, at his own discretion and under his own responsibility, the Announcements of other Users about events and makes a decision regarding the conclusion of a transaction with a particular User by participating in the Event.
2.6. If the User has doubts about the legality of the implementation of certain actions, including those related to the placement of Announcements about upcoming Events, the Company recommends refraining from committing the latter.
2.7. The User is personally responsible for any information, Announcements and photos that are placed on SwapMap, communicated to other Users, as well as for any interactions with other Users carried out at their own risk.
2.8. The User undertakes to exercise discretion when choosing a counterparty, makes a decision on the transaction under his own responsibility, independently making sure that the Event proposed by another User, specified in the Announcement, is valid and legal.
2.9. The user will register on SwapMap using a mobile phone number. After registration, the Company creates a user profile. SwapMap can have only one profile at a time, linked to one phone number.
By registering on SwapMap and in each case of entering SwapMap, the User guarantees that he has all the powers necessary to conclude and execute this Agreement, and gives his consent, subject to the secrecy of communication:
• to our partners for processing information about the User as a subscriber and about the services provided to you (including phone number, information about the subscriber device, other information about services under the contract, about the provision of communication services, etc.) and transfer to us the results of such processing;
• Companies to transfer the User's phone number to our partners to confirm your trustworthiness as a SwapMap User, as well as to protect the interests of other users.
Companies to transfer the User's phone number to our partners in order to confirm your trustworthiness as a SwapMap User, as well as to protect the interests of other users.
2.11. The User is responsible for the accuracy, relevance, completeness and compliance with the legislation of the Russian Federation provided to the Company during registration and further in the process of using SwapMap information. The user is obliged to update the information provided by him in a timely manner.
The Company has the right to conduct a selective check of the accuracy and relevance of information about the User by any legal means. The Company has the right to request documents or information from the User to identify or confirm the information specified in the profile. If the User refuses to provide information, the Company has the right to restrict access to your profile.
By posting information to SwapMap, the User agrees that such information may be available to other SwapMap Users, taking into account its functionality.
2.12. The processing by the Company of the User's personal data is carried out in accordance with the legislation of the Russian Federation and in accordance with the Rules. The Company processes the personal data of Users in order to provide Users with access to SwapMap and its functionality, to verify, research and analyze such data in order to maintain and improve the existing functionality of SwapMap, as well as to develop new ones. The Company takes all necessary measures to protect Users' personal data from unauthorized access, modification, disclosure or destruction. The Company provides access to the personal data of Users only to those employees, contractors and agents of the Company, who need this information to operate SwapMap and provide Users with access to use it. The Company has the right to use the information provided by the User, including personal data, in order to ensure compliance with the requirements of the current legislation of the Russian Federation (including in order to prevent and / or suppress illegal and / or unlawful actions of Users). Disclosure of the information provided by the User can be made only in accordance with the current legislation of the Russian Federation at the request of the court, law enforcement agencies, as well as in other cases provided for by the legislation of the Russian Federation. Since the Company processes the personal data of Users for the purpose of executing this Agreement,
2.13. The User agrees that for the purposes provided for in this Agreement, the Company may collect and use information related to the User, obtained during the user's access to SwapMap or from third parties, and including data on technical means (devices) and methods of technological interaction with SwapMap (including the host IP address, type of the User's operating system, browser type, geographic location, data about the provider, etc.), about the User's activity on SwapMap, as well as other data obtained by these methods. The Company has the right to dispose of statistical information related to the functioning of SwapMap, as well as information of Users for the purposes of organizing the functioning and technical support of SwapMap and fulfilling the terms of this Agreement.
2.14. The company uploads to its server https://db.swapmap.app/ contact data from the user's notebook, stores it on the server, has the right to dispose of the information received in order to recommend friends and possibly interesting users.
2.15. The SwapMap application may request access to the call log on the device to automatically fill in the verification code during registration or authorization. Your calls will not be uploaded to the server for processing. This permission is optional and can be denied.
2.16. The Company does not guarantee that all information provided by Users on SwapMap is true.
2.17. The Company is not entitled to disclose to third parties information about Users that are not publicly available, except as otherwise provided by the legislation of the Russian Federation. The Company is not responsible for third-party illegal actions in relation to the information that the User has posted in the public domain on SwapMap.
2.18. The Company has the right to analyze the use of SwapMap by Users in order to improve the efficiency of the SwapMap service.
2.19. The Company provides authorized Users with the technical ability to post information on SwapMap in the form of ads in the categories provided. The Company provides authorized users with the technical ability to search and view ads on SwapMap for personal purposes. Automatic SwapMap algorithms process requests to provide relevant information about search results. The Company provides authorized Users with the opportunity to discuss Events via voice broadcast.
2.20. The Company is not a participant, organizer of the transaction, buyer, seller, employer, intermediary, agent, representative of any user, beneficiary or other interested person in relation to transactions between users. Users use the information posted on SwapMap to enter into transactions at their own peril and risk without direct or indirect participation or control by the Company.
2.21. The User, upon receipt of any benefit (income) from the use of SwapMap, is obliged to independently, in the manner prescribed by applicable law, calculate and pay the appropriate applicable tax. The Company is not a tax agent of Users.
2.22. The User undertakes to comply with all existing requirements regarding the prevention of money laundering and the financing of terrorism. At the same time, the User warrants and agrees that:
• By accepting the terms of the Agreement, the User gives the Company the right to conduct checks (at its own discretion or by order of third parties, including authorized bodies) to confirm the identity of the User and the accuracy of the information specified by him during the Registration of the User or in the process of using SwapMap;
• All information provided by the User during User Registration or in the process of using SwapMap is true, true, current and accurate
• The user guarantees that his verification data is sufficiently reliable and will not be transferred to third parties, including for illegal purposes;
• In case of receiving any benefit (income) from the use of SwapMap, the User has the right to receive such benefit (income) only to his personal account;
• The User acknowledges and accepts the risk that SwapMap is not a banking or similar system. In this regard, the crediting of the internal game currency is not guaranteed, as well as the crediting of the internal game currency and their storage cannot be applied, and the Company cannot be required to use similar risk insurance methods as for the banking system. In addition, the storage of the internal game currency is limited to storage only. The internal game currency does not increase from inactivity due to the accrual of interest, etc.;
• The User, of course, guarantees that he acquires the internal game currency provided by SwapMap, solely for personal purposes, not related to entrepreneurial or investment activities;
• The User, at the request of the Company, is obliged to provide any documents that relate to the identity of the User or to the facts of his use of SwapMap. Documents must contain reliable information. The inaccuracy of any information, including any damages that may arise, is the responsibility of the User. The Company has the right to deactivate or suspend the User's profile in case of non-submission or late submission of documents and information requested by the Company.
2.23. The Company processes the following personal data of the User for the following purposes:
• Phone number, processed for registration, access recovery, as well as to confirm the user's identity
• Email, to send notifications and inform the user about changes in the functionality of the application, for the fastest interaction between the User and the Company, as well as for two-factor authentication of the User Account.
• Documents for verification are transferred in order to confirm the identity of the User, as well as to protect other Users from false information and fraudulent actions on the part of unscrupulous Users.
• Contact data from the User's phone book, obtained with the consent of the User, is used by the Company solely for the purpose of optimizing and making the most efficient use of SwapMap. Phone book data is not used for the purpose of mailings or other illegal actions. The user has the right to refuse SwapMap to provide access to contact data from the phone book.
• The user's geolocation data, obtained with the consent of the User himself, is used for the most optimal and efficient use of the SwapMap application by the User. The user has the right to refuse SwapMap access to geolocation.
• Access to photos from the user's phone gallery, obtained with the consent of the User, is used to upload various types of images to the application used by the User to create publications and design his personal profile. The User has the right to refuse SwapMap access to photos from the User's phone gallery.
• Information collected about the User during the operation of SwapMap is used for the purposes of optimizing and improving the work of SwapMap.
The following information is collected: time spent in the application; selected places to visit and their topics; events marked with a "like" mark; events marked by the user with the “Complain” button with a complaint written in any form; as well as information provided by the user at the time of registration, such as: Username; Nickname of the User; Date of birth of the User; A country; City; Email.
• As part of the use of this application, a third-party analytics service, Firebase, collects information about the time the User spends in the SwapMap application. all information is transferred to the Company's server. The company is responsible for the actions of the Firebase analytics service on the safety of information as for its own actions.
• Installation and authorization in the application is the consent of the User with the processing of personal data, as well as with the terms of this Agreement. By installing the application, the User confirms that he has read this document.
2.24. The Company undertakes to delete the User's personal data, in case of his request sent to the Company. Deleting SwapMap, as well as the account does not entail SwapMap's obligation to delete personal data. A removal request may be sent in free form to the official SwapMap email address: supports@swapmap.app. The request for deletion must contain the following information: Login, phone number used during registration, email. The user must confirm the desire to delete personal data by responding to a message that is sent to the email specified during registration.
2.25. For any disclosure of information to third parties, the Company is liable to the User, as for its own actions.
2.26. The Company has the right to disclose information about the user to third parties only in cases provided for by law, as well as if it is necessary for the operation of SwapMap.
2.27. The Company undertakes to take all reasonable measures to protect the personal data of Users that the latter transfer to the Company.
2.28. All information collected by the Company about Users is transferred to the Company's server, which is owned or leased by the Company. If the server belongs to the Company on the basis of the Lease Agreement, the Company is responsible for the actions of the Lessor regarding the safety of information as for its own actions.
• LIMITATIONS OF USE AND WARRANTY
3.1. The User is prohibited from taking the following actions without the prior written consent of the Company:
• grant rights to SwapMap to any third parties, in any way;
• independently or with the help of third parties modify, create similar software in whole or in part, improve, translate into other languages, perform engineering analysis, incl. to reproduce, decompile, reverse assemble, decode, emulate, compromise, reverse engineer, reverse engineer or attempt to recover the source code or protocols of SwapMap or any of its portions or Features, unless otherwise provided by applicable law;
• delete, hide and modify notices of the exclusive rights of the Company posted in SwapMap;
• independently or with the help of third parties, reproduce elements of the design or user interface of SwapMap, as well as use SwapMap, any of its parts or functionality as part of commercial products, services or offers, except for the direct use by the User of the functionality and services of SwapMap in connection with professional (business) activities within the Announcements of upcoming events.
3.2. The Company, at its sole discretion, changes, expands, modifies SwapMap and / or stops the development and technical support of SwapMap without prior notice.
The Company carries out the current management of SwapMap, independently determines its structure, appearance and other elements. The Company reserves the right at any time to revise or change the design of the Service, its functionality, change or supplement the scripts used, the software used or stored within SwapMap, and the conditions for Users to access them.
3.3. The Company has the right to suspend the User's access to SwapMap without additional notice, including due to technical work.
3.4. Any version of SwapMap, including all scripts, individual elements and design, is provided "as is", the Company does not provide any warranties regarding SwapMap or its individual functionality, namely, the Company does not warrant that:
• SwapMap, its individual Features, their direct or indirect effect and quality will meet the requirements and purposes of the Users;
• SwapMap, its individual Features will be provided continuously, reliably and without error;
• The results to be obtained through the use of SwapMap, its individual Features, will be reliable and will meet expectations;
• SwapMap or its elements may be suitable for specific purposes of use;
• Getting specific results from using SwapMap.
3.5. The Company is not responsible for possible losses caused to Users in connection with the adoption of measures to prevent and stop violations on SwapMap.
The Company is not liable to the User for any damage associated with the use of SwapMap or the inability to use it, including due to possible errors or malfunctions.
3.6. The Company is not responsible for any damage to the device or software of the User or another person, caused or associated with the use of SwapMap through no fault of the Company, or when clicking on links placed within the SwapMap by third parties.
3.7. The Company reserves the right to conduct spot checks on Users' compliance with SwapMap's terms of use at any time and at its sole discretion, including automated methods.
3.8. If there are reasons to believe that using the User's profile has occurred or may violate the law, the rights of third parties or the terms of this Agreement, the Company has the right to restrict access to the User's profile, reject or block questionable content. The Company has the right to restrict access to SwapMap from certain IP addresses and phone numbers.
3.9. The Company has the right to restrict access to the User's profile in the event of complaints from other users regarding such profile, spamming, repeated or malicious violations of the terms of use, hacking of the profile, failure by the user to provide documents or information at the request of the Company, liquidation of the user - a legal entity, and also, if signs of fraud or other violations that may violate the rights of other Users will be noticed in the behavior of the User on SwapMap.
3.10. The Company has the right to restrict and restore access to the profile, as well as determine the conditions for such restoration at its discretion without explaining the reasons.
3.11 The User acknowledges and agrees that the value of the internal game currency can and will change up or down, up to depreciation. The User accepts the specified risk and agrees that such changes in the value cannot be predicted, and therefore the Company is not responsible for notifying the User about changes in the value of the internal game currency.
3.12 The Company does not provide any guarantees regarding fluctuations in the value of the internal game currency, factors due to which such value may change, methods for obtaining, storing and accumulating internal game currency, and in general regarding any interaction with both the internal game currency in particular and with SwapMap in general.
3.13 The Company does not provide any guarantees, statements or assurances regarding currency fluctuations and other factors, which, among other things, may affect the current value of the internal game currency. Any possible statements of the Company in this part are advisory and informational in nature, without indicating the expertise or reliability of the information provided.
3.14. The transfer of the internal game currency to any user is not a banking or other financial operation, including requiring special permission. The transfer of the internal game currency involves the transfer of popularity within the system and is used for this purpose.
• RULES FOR PLACING ANNOUNCEMENTS
4.1. The user independently forms his own user content - text and images that SwapMap users place in ads, the public part of the profile and reviews.
The SwapMap application is prohibited from posting inappropriate or offensive user content, including, but not limited to:
- Content (including user comments) that contains, encourages or promotes pornography, sexual slavery, or openly displays naturalistic images, descriptions of human genitals (naked genitals, chest) or sexual intercourse.
- Intimate goods are shown only to those adult users who themselves want to see them. For this reason, if intimate parts of the body, sexual scenes are shown on a video, photograph, or other image of an intimate product, such images must be covered with signs that exclude a full or clear image of prohibited parts of the body;
- User content that is offensive, contains profanity, calls for racism, discrimination on any of the grounds, violates the law, the rights of third parties, promotes religious, racial, political or ethnic hatred, promotes extremist views;
- User Content that contains or publishes links to sites containing viruses, phishing pages or other variants of fraudulent Internet pages and schemes, as well as spam;
- User Content in support of terrorism, including recruiting or promoting terrorist acts, inciting violence or supporting terrorist attacks;
- Bullying and harassment in user-generated content that contains or contributes to threats, harassment or intimidation;
- Discussion about piracy, for example: hacking programs, key generators, console emulators;
- Publication of copyrighted materials without proper permission from the copyright holder;
- User content containing extortion, begging;
- User content about holding auctions and lotteries, selling, advertising, referral links without written approval from the administration of the SwapMap application;
- Advertising of weapons, tobacco, tobacco-containing products, alcohol, any prohibited and poisonous substances, including any drugs.
- Publication of any personal data of other user(s) without their consent, including, but not limited to: full name, date of birth, place of residence, contact details, data on health, family, income, etc.;
- Publication of messages and materials of a foreign media outlet acting as a foreign agent, and (or) a Russian legal entity acting as a foreign agent, without indicating that these messages and materials were created and (or) distributed, respectively, by a foreign media outlet acting as a foreign agent, and (or) a Russian legal entity performing the functions of a foreign agent;
- User content containing any other information prohibited by law or violating the legal rights and interests of third parties.
4.2. The Company does not act as a distributor of user-generated content. The user placing information on SwapMap is the owner of all information posted in the public domain. The specified information is created, modified, posted in the public domain without the participation or approval of the Company.
The Company is not a party to transactions made between Users, and is not an organizer, intermediary, agent or representative of any User and / or other interested person in relation to a transaction offered / concluded between Users. All transactions made by Users in connection with placement on event announcements are concluded and executed without the direct or indirect participation of the Company.
4.3. The user independently ensures that the user content fully complies with the law, the SwapMap terms of use, the rules for placing ads, the requirements for the profile and reviews, as well as the observance of the rights of third parties to the results of intellectual activity.
4.4. The Company does not control User Content. In case of requests from authorized and/or interested persons in accordance with the procedure established by law on the fact of violation of the requirements of the current legislation or this Agreement, the Company deletes the content without the possibility of recovery, the User will be blocked for 24 hours.
4.5. The purpose of posting information about an event on SwapMap is to establish contact with a potential participant of the Event who is interested in participating in the Event. It is forbidden to post deliberately false information. Collection, copying, use and any other actions in relation to user content for purposes not provided for in this Agreement are prohibited. The use of user phone numbers for purposes not directly related to participation in the Event is prohibited.
4.6. The User grants the Company the right to use the posted content and the objects of intellectual property included in it under the terms of a non-exclusive license: indefinitely, without providing remuneration, in any way, for action around the world, both with and without indicating the name of the author. The posted content may be used by the Company to improve the work of SwapMap, for marketing purposes, in commercial and non-commercial projects (for example, in the "All Events" section), including the right to post user content on other Internet resources and grant the right to it to our partners, store archival copies of user-generated content.
4.7. The user has the right to delete his profile on SwapMap at any time by contacting the support service. In case of non-use of the profile on SwapMap within three years, the Company has the right to delete the User's profile on its own without prior notice to the User. Using a phone number for a new registration within 30 days after deleting the profile is not allowed.
4.8. Using SwapMap and interacting with the Company, the User is obliged to:
• strictly comply with all legal requirements, including tax payment requirements,
• comply with the Company's terms and guidelines regarding the use of SwapMap, the rules for posting ads, profile and review requirements, and other SwapMap rules;
• do not use obscene language, images and statements that provoke cruelty, hatred or disrespect, contain threats or insults, justify illegal actions, do not comply with moral standards or business practices;
• not use SwapMap or the information posted on SwapMap for purposes not provided for by the Terms;
• not upload or use malware on SwapMap;
• do not take any actions that may interfere with the normal operation of SwapMap.
4.9 The internal game currency is distributed among the Users in the proportions of 70% to the content creators, 30% to those Users who interact with the content. 2400 coins, the internal game currency, are distributed per day.
4.10 The internal game currency can be turned over by any means between Users on any conditions that they independently determine. The Company does not participate in such an agreement, does not determine its terms, does not fulfill its terms and does not receive direct benefits from its execution, non-performance or improper performance.
4.11 The internal game currency can be redeemed by the Company from any User. The price of the internal game currency is determined in Russian rubles.
4.12. If you purchase a limited license for internal game currency, you agree to the prices, payment terms and billing terms applicable to them at the time of payment due.
4.13. For violation of the law or the rights of third parties when using SwapMap, the User bears civil, administrative or criminal liability.
• PROTECTION OF INTELLECTUAL RIGHTS
5.1. Exclusive rights to the computer programs required to use SwapMap, databases, graphic design of the interface (design) and other elements of the SwapMap website, trade name, trademarks / logos and other distinguishing marks of the Company, including those used as part of the SwapMap domain name. ru are owned by the Company.
5.2. The word designation "SwapMap" is a trademark owned by the Company and protected by applicable law.
5.3. The Company owns the rights to registered and unregistered databases, including, but not limited to: the SwapMap ad database. As a manufacturer of databases, the Company bears significant financial, material, organizational and other costs for their creation.
5.4. The Company may automatically apply SwapMap logos/watermarks to photos uploaded by Users to protect materials in our databases from unauthorized copying.
5.5. The Company grants Users a non-exclusive license to use the databases and computer programs necessary to use SwapMap for the purposes provided for in this Agreement. There is no license fee.
5.6. The license is granted from the moment you access SwapMap and continues to be valid for the entire period of using SwapMap. Search and viewing ads is available to all users, regardless of registration and authorization. Certain functionality of SwapMap is available only to authorized Users.
5.7. Without the consent of the Company, it is prohibited to use technical means to interact with the service bypassing the usual procedure for using databases and computer programs. Including it is forbidden to use automated scripts to collect information on SwapMap.
5.8. Without the consent of the Company, it is prohibited to use databases and computer programs for purposes not provided for by this Agreement. It is forbidden to use materials from SwapMap databases to populate third-party databases. It is also prohibited to use phone numbers from SwapMap databases to call SwapMap users with event offers.
• FINAL PROVISIONS
6.1. This Agreement applies to all SwapMap users. Any form of interaction with SwapMap (including viewing information) confirms your full and unconditional acceptance of the terms of this Agreement.
6.2. This Agreement is governed by and construed in accordance with the laws of the Russian Federation. Since the provision of access to SwapMap and its functionality is carried out free of charge, the provisions of the Federal Law of February 7, 1992 No. 2300-1 “On Protection of Consumer Rights” do not apply to relations between the Company and Users regulated by these Rules.
6.3. SwapMap may contain links to third party websites, while the Company is not responsible for the availability, content and legality of these links and other websites.
6.4. The Company is not responsible for temporary failures and interruptions in the work of SwapMap and the loss of information caused by them. The Company is not responsible for any damages, including lost profits or lost data, damage to honor, dignity or business reputation, caused in connection with the use of SwapMap. SwapMap is intended for users in the Russian Federation, therefore the use of SwapMap may be restricted or unavailable outside the Russian Federation.
6.5. In the event of any disputes or disagreements related to the execution of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. If disputes are not resolved through negotiations, disputes are subject to resolution in the manner prescribed by the current legislation of the Russian Federation, at the location of the Company.
6.6. If, for any reason, one or more provisions of this Agreement are held to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of the Agreement.
6.7. Any changes to the Agreement made by the Company unilaterally come into force on the day following the day of publication of such changes on the website at: https://swapmap.app/license-agreement/.
The User undertakes to independently check the Agreement for changes before using the Service. Failure to familiarize the User with this Agreement and / or the amended version of the Agreement cannot serve as a basis for the User's failure to fulfill its obligations and non-compliance by the User with the restrictions established by the Agreement. By continuing to use SwapMap after making changes to this Agreement, the User confirms that he fully and unconditionally accepts the Agreement as amended.
6.8. The agreement is considered concluded for a period of twelve months. If neither party declares the termination of the Agreement thirty days before its expiration, the Agreement will automatically be extended for the next twelve months. The number of renewals of the Agreement is not limited.
6.9. The term of the license is equal to the term of the Agreement; upon termination of the Agreement, the User loses the right to use SwapMap.
6.10. The User has the right at any time to unilaterally out of court refuse to execute this Agreement by completely removing SwapMap from the User's mobile device.
6.11. Any messages during the execution of this Agreement, including legally significant ones, can be made and submitted in electronic form using those addresses and (or) accounts that were specified by the User or the Company when concluding this Agreement. Any messages and documents received in this way are legally valid and received the next day after they were sent. The burden of refuting the validity of the message or document (including the validity of the will to send the message or document to another party) lies with the party that claims the invalidity.
6.12. Any disputes arising from the conclusion, execution, interpretation, amendment or termination of this Agreement between the User and the Company shall be resolved in court at the location of the Company after following the pre-trial procedure for settling the dispute (that is, sending a written request/appeal/claim and providing a total period for its consideration). Any disputes between Users, for which the Company is not the respondent, shall be resolved independently by the Users in accordance with any applicable rules.
6.13. The Company is not responsible for copying and distributing intellectual property posted by Users on SwapMap. Any copying of intellectual property is permitted only with the consent of the owner of exclusive rights to such intellectual property.
• CHANGES TO THIS LICENSE AGREEMENT
7.1. We will review and update this EULA from time to time. Any changes to this EULA will become effective when we post the revised EULA on this page https://swapmap.app/license-agreement/