This Agreement is concluded between De Novo Group, LLC (hereinafter referred to as the Owner) and anyone who, having accepted the terms of this agreement, becomes a user of the website located on the Internet at: https://bowlwow.com (hereinafter referred to as the Website), hereinafter referred to as the "User", collectively referred to as the "Parties", and individually to as the "Party".
In accordance with Article 435 of the Civil Code of the Russian Federation, this User Agreement is recognized as a formal offer.
In accordance with Article 438 of the Civil Code of the Russian Federation, the actual registration on the Website is considered the unconditional acceptance of the terms of this Agreement.
This Agreement, concluded by accepting this formal offer, does not require both Parties signing it and is valid in electronic form.
1. Terms and definitions used in the Agreement
Unless the text of the Agreement expressly implies otherwise, the following words and expressions have the following meaning:
1.1. Website – a set of software and hardware for computers that provide the publication of information and data, united by a common purpose, through technical means used for communication between computers on the Internet. This website is located on the Internet at: https://bowlwow.com.
1.2. Administrator/Owner of the Website – De Novo Group limited liability company, located at the address: 142000, Moscow region, Domodedovo city, 7 Kashirskoye Highway, office 59.
1.3. Website content means all objects posted on the Website, including design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds, other objects and their compilations. The Owner of the Website is the owner of the exclusive rights to use the Website, including all Website content.
1.4. User – a user of the Internet, in particular of the Website, who has his own personal page (profile/account).
1.5. Profile/account (Profile) – User’s personal page on the Website, which is available to all Users of the Website.
1.6. Account information – a unique User name (login) and password required to enter the Website and specified by the User when registering on the Website.
1.7. Moderation – checking by the Owner of the information posted (or planned to be posted – Pre-moderation) by the User on the Website for its compliance with the provisions of this Agreement.
2. Subject of Agreement
2.1. The Owner of the Website provides the User with access to the Website services, while the obligatory condition for the provision of services by the Owner under this Agreement is User’s acceptance and compliance of the terms and provisions defined by this Agreement, as well as application of such terms and provisions to the relations of the Parties.
2.2. The Owner of the Website reserves the right to change the terms of this Agreement and all its integral parts without User’ consent, notifying the latter by posting on the Website a new version of the Agreement or any of its integral parts that have been amended. Taking into account that the newsletter may be recognized as spam by the Parties, the User undertakes to familiarize themselves with the terms of the Agreement posted on the Website at least once a month in order to timely find out about any changes. The new version of the Agreement and/or any of its integral parts comes into force as soon as it is published on the Website, unless a different date for coming into force is determined by the Website Owner when at the time of publication. The current version of the Agreement and all annexes to it are constantly publicly available on the Website at: https://bowlwow.com.
3. Rights and obligations of the Owner of the Website
3.1. Website Owner shall:
3.1.1. Provide the User with the services specified in clause 2.1 of this Agreement. Access to the Website is provided by assigning Account Information to the User within 1 (one) business day from the date of registration of the latter at https://bowlwow.com.
3.1.2. Provide the User with the opportunity to independently publish information about themselves.
3.1.3. Do not disclose User Account Information to third parties.
3.1.4. Ensure round-the-clock availability of the server on which the Website is located, except for the time of service maintenance.
3.2. Website Owner is entitled to:
3.2.1. In case the User breaches the terms of the Agreement, send the User a warning containing the list of violations. If the User does not remedy the breach within one day from the moment the notification was sent to them or if they repeatedly violate the specified terms or other conditions, the Website Owner has the right to unilaterally abandon the performance of the Agreement, block the User’s access to the User Profile and cancel it.
3.2.2. Carry out Moderation when the information posted by the User promotes hatred and/or discrimination of people as to their race, ethnicity, gender, religion, social position; promotes the use of drugs and other harmful agents; calls for cruelty to animals; violates the rights of national and other minorities; contains calls for violent action; violates copyrights and other intellectual rights.
3.2.3. Use the statistical data related to the Website operation, as well as Users’ data to ensure display of targeted advertisements to various audiences of Website Users.
3.2.4. Send the User information about the development of the Website and its services; send the User short messages containing activation codes, as well as conduct surveys about the quality of the Website, provide and request other information, as well as advertise their own activities, services and products via SMS, Viber, WhatsApp, Skype and other instant messengers and e-mail.
4. Rights and obligations of the User
4.1. The User shall:
4.1.1. Read the terms of this Agreement completely before registering on the Website.
4.1.2. Comply with all the terms of this Agreement and the current legislation of the Russian Federation..
4.1.3. Not transfer information about other Users obtained on the Website to third parties.
4.1.4. Not share Account information with third parties.
4.1.5. Not publish personal data of third parties on the Website, and not use personal data of other Users in any way that does not comply with the requirements of the legislation of the Russian Federation, for illegal or unlawful purposes, profit and for any other purposes that do not fall under the purposes of creating this Website.
4.1.6. Not publish in their Profiles information and objects (including links to such information and objects) that may violate the rights and interests of third parties.
4.1.7. Provide accurate information when registering on the Website.
4.1.8. Not upload, store, publish or distribute any information that:
- contains threats, defames, offends, disgraces honor and dignity or business reputation, or breaks the privacy of other Users or third parties;
- violates the rights of minors;
- is vulgar or obscene, contains obscene language, pornographic images and texts or scenes of a sexual nature involving minors;
- contains scenes of violence or cruel treatment of animals;
- contains a description of the means and methods of committing a suicide, any incitement to it;
- promotes and/or propagates incitement of racial, religious, ethnic hatred or enmity, fascism or an ideology of racial superiority;
- contains extremist materials;
- contains restricted access information, including, but not limited to, state and commercial secrets, information about the private lives of third parties;
- contains advertisements or promotes of the use of alcohol and/or drugs, including so-called ‘digital drugs’ (sound files that affect the human brain with ‘binaural beats’), information about the distribution of drugs, recipes for their making and tips on how to use them;
- is fraudulent;
- violates other rights and interests of individuals and legal entities or the requirements of the legislation of the Russian Federation.
4.1.9. Neither use software nor carry out actions aimed at disrupting the normal operation of the Website and its services or Users’ personal pages; not download, store, publish, distribute or provide access to or otherwise use viruses, trojans and other malware; not use automated scripts (programs) without special permission from the Website Owner in order to collect information on the Website and (or) interact with the Website and its services.
4.1.10. Not try to get access to another User’s login and password, including, but not limited to, by deception, hacking the Profiles of other Users, etc.
4.2. The User must not:
4.2.1. Illegally collect and process personal data of other Users.
4.2.2. Access any services otherwise than via the interface provided by the Website Owner, unless such actions have been expressly permitted to the User under a separate agreement concluded with the Website Owner.
4.2.3. Reproduce, duplicate, copy, sell, trade and resell services for any purpose, except when such actions have been expressly permitted to the User under a separate agreement concluded with the Website Owner.
4.2.4. Place commercial and political advertisements outside the special sections of the Website defined by the Website Owner.
4.2.5. Post any information that, in the opinion of the Website Owner, is undesirable, infringes upon the interests of Users, or unwelcomed for other reasons.
4.3. The User is entitled to:
4.3.1. Have round-the-clock access to the server on which the Website is located, except for the time of service maintenance.
4.3.2. Independently edit previously posted information about themselves on the Website.
4.3.3. Contact the support service of the Website Owner to block their Profile.
4.3.4. Delete their account by sending a relevant request to the Website Owner’s e-mail – firstname.lastname@example.org.
4.4. The User agrees that by accessing the Website and using its content, they:
4.4.1. Express their unconditional consent with all the terms of this Agreement and undertake to either comply with them or stop using the Website.
4.4.2. Receive an individual non-exclusive and non-transferable right to use the content of the Website on one computer, provided that neither the Users themselves nor any third parties with the User’s assistance will copy or modify the software; create programs using the software; penetrate the software in order to obtain program codes; sell, assign, lease, transfer to third parties in any other form the rights to the software behind the services provided by the Website.
5. Consent to personal data processing
5.1. In implementation of this Agreement, the User, by ticking the box next to the phrase ‘I give my consent to processing my personal data’ and/or clicking on the button to submit the form completed on the Website, gives the Website Owner their consent to the processing of their personal data (collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer, depersonalization, blocking and destruction) with or without the use of automation tools in order to process this electronic request and give/provide a reply/call. The procedure for using, storing, processing and distributing the User's personal data is posted on the Website at: https://bowlwow.com. The User agrees to the transfer of personal and other data to third parties, including for the processing purposes, to ensure the operation of the Website, the implementation of partnerships and other programs, provided that the transmitted data are treated in the same way as on the Website, including, but not limited to, the transfer of personal data to persons who have concluded agreements with them, as well as to third parties in case such transfer is necessary for the User to utilize a certain service or to fulfill a certain agreement or contract with the User. Processing of personal data is carried out in accordance with the policy of protection and processing of personal data adopted at De Novo Group, LLC.
5.2. The Consent may be withdrawn by the personal data owner or their representative by sending a written application to the Operator at the address of its location (see the preamble of the Consent) or by e-mail to email@example.com.
6. User registration
6.1. In order to use the services provided by the Website Owner under this Agreement, the User must complete the mandatory registration procedure on the Website at https://bowlwow.com. User registraton on the Website is free and voluntary.
6.2. When registering on the Website, the User must provide the Website Owner with the necessary reliable and accurate information required for making the Profile, including a unique login (e-mail address) and password for accessing the Site, as well as the last name and first name. The registration form of the Website may also request additional information from the User.
6.3. As soon as the information specified in paragraph 6.2 of this Agreement has been provided, the User must express their wish to confirm the registration by clicking on the registration confirmation link in the message sent to the e-mail specified by them.
6.4. Upon completion of the registration process, the User becomes the owner of the User Account Information, which means that they become responsible for the security of the Account Information, as well as for everything that will be done on the Website under the User Account Information. The User shall immediately notify the Website Owner of any case of unauthorized access to the Website, which means access carried out by a third party without the consent and knowledge of the User, and / or any breach of the security of the User Account Information. The Website Owner is not responsible for any possible loss or corruption of data that may occur due to violation by the User of the terms and provisions of this clause of the Agreement.
6.5. To start working with the Website, the User shall enter their Account Information in the relevant section of the Website.
6.6. Unless the User proves otherwise, any actions performed using their login and password are considered to be committed by the User. In case of unauthorized access to the login and password and / or User Profile or distribution of the login and password, the User must immediately notify the Website Owner in accordance with the established procedure.
7. Liability of the Parties
7.1. The User themselves determine the list of organizational and software (as for computers) means for keeping their Account Information confidential and providing only authorized access to it. The Website Owner shall not be responsible for any losses incurred by the User as a result of disclosure of the User's Account Information to third parties, which occurred through no fault of the Website Owner. If any person other than the User logs in to the Website with the User's Account Information, then all actions performed by such person will be considered as committed by this User. The User is solely responsible for all actions they perform on the Website, as well as for all actions performed on the Website by any other persons using the User Account Information.
7.2. The Website Owner does not guarantee that the Website software is free of errors and/or computer viruses or extraneous code pieces. The Website Owner provides the User with the opportunity to use the Website software "as is", without any guarantees from the Website Owner.
7.3. The Website Owner is not responsible for any losses incurred by the User as a result of other User reporting false information, as well as caused by actions (inaction) of another User. The Website Owner does not guarantee that the information contained in the User Profiles is true and complete.
7.4. The Website Owner makes every possible effort to ensure the normal operation of the Website, but is not responsible for non-fulfillment or improper fulfillment of obligations under this Agreement, as well as any possible losses arising from (including, but not limited to):
- misconduct of Users aimed at breaching information security or the normal operation of the Website;
- faults in the operation of the Website caused by errors in the code, computer viruses and other extraneous pieces of code in the Website software;
- insufficient (impossibility to establish; termination, etc.) Internet connection between the User server and the Website server;
- law enforcement intelligence activities carried out by state and municipal authorities and other institutions;
- establishment of government control (or control by other institutions) of the economic activities of commercial organizations on the Internet and / or the establishment by the specified entities of one-time restrictions that make it difficult or impossible to fulfill the Agreement;
- other cases related to the actions (inaction) of the Users and/or other entities aimed at worsening the situation associated with the use of the Internet and/or computer equipment that existed at the time of the conclusion of this Agreement, as well as any other actions aimed at the Website and third parties;
- performance of works specified in clauses 7.5 and 7.6 of this Agreement.
7.5. The Website Owner is entitled to perform preventive maintenance of the Website software and hardware subject to a temporary suspension of the Website operation, if possible at night and making every effort to minimize the Website downtime, notifying the User, if that is technically possible.
7.6. In case of force majeure, as well as accidents or failures in the software and hardware of third parties cooperating with the Website Owner, or actions (inaction) of third parties aimed at suspending or terminating the operation of the Website, the Website may be suspended without giving prior notice to the User.
7.7. The Website Owner shall not be responsible for User’s violation of these Rules and reserves the right, at its own discretion, as well as upon receipt of information from other users or third parties on the User’s violation of these Rules, to change (moderate) or delete any information published by the User that violates prohibitions, established by these Rules (including direct messages), suspend, restrict or terminate User's access to all or any of the sections or services of the Website at any time for any reason or without justification, with or without prior notice, without being responsible for any harm, which may be caused by such action. The Website Owner reserves the right to delete the User Profile and (or) suspend, restrict or terminate User's access to any of the Website services if it finds that, in its opinion, the User poses a threat to the Website and (or) its Users. The Website Owner shall not be responsible for the temporary blocking or deletion of information or termination of the personal page (cancellation of registration) of the User carried out in accordance with these Rules. Deletion of a User Profile means automatic deletion of all information posted on it, as well as all User information entered during registration on the Website.
7.8. Neither Party shall be liable for a full or partial failure to perform any of its obligations if the failure is the result of such circumstances as flood, fire, earthquake, other natural disasters, war or hostilities and other force majeure circumstances that are beyond the reasonable control of the Parties and arise after the conclusion of this Agreement.
8. Dispute resolution and settlement of claims
8.1. In case of a dispute arising between the User and the Website Owner on issues related to the execution of the Agreement, the Parties shall make every effort to resolve it amicably. Following the pre-arbitration procedure of disputes resolution is mandatory. Users’s complaints about the provided Services shall be accepted and considered by the Website Owner only in writing and in the manner set by this Agreement and the current legislation of the Russian Federation.
8.2. To resolve disputes that have arisen between the User and the Website Owner as a result of using the services, the following complaint procedure applies. The User, who believes that their rights have been violated due to the actions of the Website Owner, sends the latter a claim containing the essence of the complaint, its justification, as well as all the User's data. The complaint is also sent to the Website Owner in writing by mail or fax.
Within 5 (five) business days from the date of receipt of the complaint, the Website Owner shall state its position on the main points indicated in it and send its response to the e-mail address or postal address indicated in the User's complaint.
In case of failure to resolve the dispute through the complaint procedure, the dispute is subject to consideration in accordance with clause 8.4 of this Agreement.
The Website Owner shall not consider anonymous complaints or claims that do not allow the User to be identified based on the data provided by them during registration, or complaints that do not contain the data specified in this clause of this Agreement.
8.3. To deal with the technical part of determining the User's guilt as a result of their illegal actions when using the Internet and the Website, in particular, the Website Owner is entitled to engage competent organizations as experts. If the User is found guilty, they are obliged to compensate the costs of the assessment.
8.4. If the Parties fail to come to terms amicably, the dispute arising from this Agreement shall be subject to consideration in a court of general jurisdiction at the location of the Website Owner.
9.1. This Agreement shall enter into force upon acceptance of this formal offer by the User and shall last for an indefinite period.
9.2. This Agreement is a formal offer and, under the current civil legislation of the Russian Federation, the Website Owner has the right to revoke the offer in accordance with Article 436 of the Civil Code of the Russian Federation. In case of revocation of this offer by the Website Owner, this Agreement shall be considered terminated from the moment of revocation. Such revocation is carried out by posting relevant information on the Website.
9.3. The terms and provisions of this Agreement are established, amended and canceled by the Website Owner unilaterally without prior notice. As soon as a new version of the Agreement is posted on the Website, the previous version is considered to have lost its force. In case of significant changes in the terms and provisions of this Agreement, the Website Owner notifies the Users by posting a relevant message on the Website.
9.4. All other issues not settled by this Agreement shall be settled in accordance with the current legislation of the Russian Federation.
10.1. The User agrees to receive informational electronic messages (hereinafter referred to as ‘messages’) from the Copyright Holder to the email address and / or phone number specified by them when interacting with the Service.
10.2. The Copyright Holder is entitled to use messages to inform the User about changes and new features of the Service, about changes to the Agreement or the Mandatory Documents specified herein, as well as to mail out newsletters or advertisements.