2GIS Services Use Agreement

This 2GIS Services Use Agreement is an offer from 2GIS Limited Liability Company (hereinafter referred to as “the Administration”) to make an agreement on the following terms.

1. General Provisions

1.1. The following terms and definitions shall be used in this document and in relations between the Parties arising out of or in connection with it:

a) Platform — soft hardware integrated with the Administration Website.

b) User — a legally capable individual who has joined this Agreement for his own interest or acting on behalf and for the benefit of a legal entity he/she represents.

c) Administration Website / Website — websites located in the domains at 2gis.ru, flamp.ru, and other domains included in the domains 2gis.ru and/or flamp.ru.

d) 2GIS Services — materials and means the User is granted an access to via the Website and the Platform.

e) Agreement — this agreement with all amendments and supplements hereto.

f) Licence Agreement — the Licence Agreement for the use of 2GIS Software and/or Online Services placed on the Internet at http://help.2gis.ru/en/licensing-agreement.

j) Privacy Policy — the Privacy Policy placed on the Internet at: http://old-law.2gis.ru/en/privacy.

h) PIN — a unique sequence of figures generated by the soft hardware of the Rightholder at request of the User and intended for communication between separate 2GIS Software and/or Online Services as well as communication between 2GIS Software and/or Online Services and other software and services.

i) Dashboard is a personal section of the Website the access to which the User shall receive after he is registered and/or authorised at the Website. The Dashboard is designed for storing of the User information, statistics review, viewing the Administration news, the User updating reference information about a legal entity/sole proprietorship he/she represents published in the Directory of companies, managing Status, receiving notifications, submitting advertising materials to the Administration and making other actions and receiving additional information according to the Rules for Provision of Information and Advertising Services Using 2GIS Products and/or the Rules for Provision of Services Using Individual 2GIS Services.

j) Status is a set of the Platform features selected by the User using software in the Dashboard on the Administration Website.

k) Booklet is a page of the profile of a legal entity/sole proprietorship information of which is contained in the Directory of companies created by the User by order of such legal entity/sole proprietorship and placed on the Website.

1.2. Other terms and definitions not included in Paragraph 1.1 of the Agreement may be used here. Such terms shall be interpreted according to the text of the Agreement. If there is no univalent interpretation of a term or definition in the text of the Agreement, the priorities of interpretation shall be set as follows: the first priority — the Licence Agreement, the second priority — the Privacy Policy, the third priority — legislation of the Russian Federation, and following that—business customs and scientific doctrine.

1.3. Your use of 2GIS Services in any way and in any form within their declared features, including:

review of materials placed on the Website (Content);
registration and/or authorisation on the Website;
placing or visualising any materials on the Website, including, but not limited to: texts, hyperlinks, images, audio and video files, data and/or other information,

shall form a contract on the terms of this Agreement and the Licence Agreement and the Privacy Policy, forming its integral parts.

1.4. By using any of the above opportunities to use 2GIS Services, you confirm that:

а) You have read the terms of this Agreement, the Licence Agreement and the Privacy Policy prior to beginning of use of 2GIS Services.

b) You accept all conditions of this Agreement, the Licence Agreement and the Privacy Policy in full, without any subtractions and limitations on your part and commit to observe them or cease using the Service. If you disagree with the terms of this Agreement and/or the Licence Agreement or you do not have the right to make an agreement on their basis, you should immediately terminate any use of the Service.

c) The Administration may alter the Agreement (including any part of it) without any notice. The new version of the Agreement shall enter into force upon publishing on the Administration Website or upon bringing to the attention of the User in another convenient form unless otherwise stated in the new version of the Agreement.

2. General Terms of 2GIS Services Use

2.1. In order to use some of 2GIS Services or individual features of 2GIS Services, the User shall need to pass the registration and/or authorisation procedure on the Administration Website.

2.2. The list of 2GIS Services, individual features of 2GIS Services, the use of which requires preliminary registration and/or authorisation, shall be determined at the sole discretion of the Administration and may from time to time change.

2.3. To make use of communication between some 2GIS Services, their separate features, and/or Software, as well as communication between 2GIS Services, their separate features, and/or Software and other software and services, the User shall enter PIN received from the Rightholder.

2.4. Technical, organisational and commercial terms of 2GIS Services use, including their features may be brought to the Users attention by being separately placed on the Website or by notifying the Users.

2.5. When registering, the User shall be obliged to confirm, if required, his powers to act on behalf and for the benefit of the legal entity he/she represents, information of which is contained in 2GIS Software.

2.6. The User shall not have the right to transfer his username and password to any third parties and shall be fully responsible for their safekeeping, independently choosing a way to store them.

2.7. Any activities performed using his username and password shall be deemed completed by the respective User except for cases when the User has informed the Administration about unauthorised access of third parties to the username and password or their loss by the User as per Paragraph 2.8 hereof. The User shall be solely liable for all actions and their consequences within and/or in relation to use of 2GIS Services under his account, including cases when the User transfers data for third-party access on any terms.

2.8. In the event of unauthorised access to the username and password, their loss or disclosure to third parties, the User shall immediately notify the Administration by sending an email from the address specified in the account on the Website. For safety purpose, the User shall be obliged to independently perform safe termination of work under their account after each session of work with 2GIS Services. The Administration shall not be liable for data possible loss or damage or for other consequences of any kind that may be caused by the User's breach of this section of the Agreement.

2.9. The Administration shall have the right at any time to request the User to present documents confirming the data he specified during the registration. Should the User fail to provide evidence documents, the Administration shall have the right at its own discretion to block or delete the User account and prevent the User from using 2GIS Services or their individual functions. Should the User data indicated in the documents provided differ from the data indicated during the registration, do not allow for identification of the User, the Administration shall have the right to prevent the User from accessing his Dashboard and use 2GIS Services.

2.10. The information contained in the User account shall be stored and processed by the Administration according to the Privacy Policy terms.

2.11. The User shall have the right to delete his account at any of 2GIS Services at any time using the respective function in their personal section.

2.12. The Administration shall have the right to block or delete the User account and to prohibit access using any account to individual 2GIS Services; to block the possibility of writing reviews on the site located in the domain at flamp.ru with regard to legal entity/sole proprietorship, information of which is contained in the Directory of companies, for a period of up to three months ; and delete any content without explanations, including in the event of the User breaching the terms of the Agreement or other documents specified in Section 1 of the Agreement.

3. Allowed Use of 2GIS Services

3.1. The Administration provides a registered and/or authorised User the right to use the functions of the Platform and the Administration Website free of charge on the terms of an ordinary (non-exclusive) non-assignable licence within the Service features in the territories of all countries in the world.

3.2. The User shall have the right to place (including translations from external sources), edit and delete images, text, audio and video materials, as well as other objects of copyright and/or related rights (hereinafter referred to as “the Content”) provided limitations and guarantees specified in Paragraph 4 hereof are observed.

3.3. The Administration shall have the right to establish limits for the size of the Content placed by User and introduce other technical limitations for use of the Platform and/or the Administration Website which will, from time to time, be brought to the Users attention in a form and way determined by the Administration.

3.4. The use of the Platform and/or the Administration Website in other ways, including copying (reproducing) the Content located on the Website and elements of design, computer programmes and databases forming a part of the Platform and/or the Administration Website, their decompiling and modifying are strictly forbidden.

4. User Guarantees

Considering the terms of this Agreement, you shall confirm and guarantee that:

4.1. You possess all required rights and powers to make the Service Use Agreement and execute it.

4.2. You will use the Service strictly for the purposes allowed by this Agreement, observing its provisions, as well as provisions of the Licence Agreement, applicable legislation and general practice.

4.3. You will not do anything contradicting to or preventing the Service provision or operation of the respective equipment, networks or software used to provide the Service.

4.4. Your use of the Service for specific purposes does not violate property and/or personal non-property rights of third parties, as well as prohibitions and limitations established by the applicable legislation, including, but not limited to: copyright and related rights, rights to trademarks, service marks and appellations of origin of goods, industrial designs rights, rights to use images of people, the Content you place does not contain information and/or images offending honour, dignity or business reputation of any persons, or promoting violence, pornography, drugs, racial or national hatred, and that you have obtained all necessary permits from the persons responsible with regard to the Content use.

5. Licence to Use the User Content

5.1. By accepting the terms of this Agreement, you grant the Administration an ordinary (non-exclusive) licence to use the Content you add (place or translate) to the Administration Website, in the territories of all countries in the world.

5.2. Such ordinary (non-exclusive) licence to use the Content shall be granted to the Administration simultaneously with your adding the Content to the Administration Website for the whole effective period of exclusive rights to the objects of copyright and/or related rights forming such Content, for the use in the territories of all countries in the world.

5.3. Under the ordinary (non-exclusive) licence granted to the Administration, the following use of the Content shall be permitted:

to reproduce the Content, i.e. to create one or more copies of the Content in any material form, and to record them in the memory of an electronic device (right to reproduce);
to distribute copies of the Content, i.e. to provide access to the Content reproduced in any material form, including network or other ways, and by selling, leasing, renting out, loaning out, including importing for any of these purposes (right to distribution);
to publicly show the Content (right to public show);
to publicly perform the Content (right to public performance);
to publish the Content so that any person may have the access to it in the interactive mode from any place and at any time and their own discretion (right to publicize);
to modify the Content, i.e. to remake or otherwise redesign the Content, including its translation to other languages (right to modify); and
right to reassign all or part of the rights received to third parties (right to sublicense).

6. Limitations

By accepting this Agreement, you understand and acknowledge that:

6.1. 2GIS Services are provided as is, so you do not have any guarantees of: 2GIS Services meeting your requirements; being provided continuously, quickly, reliably and without errors; results that may be received using 2GIS Services to be accurate and reliable; quality of any product, service, information and other Content obtained using 2GIS Services meeting your expectations; all errors in the software of 2GIS Services being corrected.

6.2. Since 2GIS Services are subject to continuous process of updating and adding new features, the form and nature of 2GIS Services may be changed from time to time without prior notice to the User. The Administration shall have the right at its own discretion to terminate (temporarily or finally) access to 2GIS Services (or certain individual features of 2GIS Services) for all Users in general or you, in particular, without prior notice.

6.3. The Administration is in no way related to the Content placed (including translated) by the Users on the Website, and shall not check it or check the substance, authenticity and safety of the Content or its components, including meeting the requirements of the applicable legislation and the Users having the required scope of rights to use it.

6.4. In particular, it is prohibited for you to use 2GIS Services to:

place and/or distribute counterfeit Content;
place and/or distribute pornographic Content, promote pornography or child erotic, advertise sexual services;
place and/or distribute the Content as an act of unfair competition;
place and/or distribute the Content containing foul language or composed with gross violations of common orthography and punctuation rules, as well as Content containing alternating upper and lower case letters, written with Caps Lock turned on;
place advertising materials on the Administration Website (with the exception for cases of separate Agreements with the Administration based on the Rules for Provision of Advertising and Information Services Using 2GIS Products (http://help.2gis.ru/advert-rules/);
place and/or distribute any prohibited information, including extremist materials and materials aimed at infringing rights and freedoms of people based on racial and national parameters, confession, language, gender, provoking violence against people or animal abuse, calling for other illegal actions, including explaining the ways of producing and use of weapon, narcotic substances and their precursors etc.;
place, store, distribute or otherwise providing access to computer viruses, Trojans or other malware;
mostly or exclusively place links to other websites;
place links to resources in the Internet content of which is contrary to the applicable legislation;
use a password or otherwise limit access to files placed on the Administration Website or translated thereon;
distribute advertising materials in personal messages addressed to other Users without their prior consent to receive such materials (SPAM);
disclose personal data or other private information about third parties;
place and/or distribute the Content on behalf of a person who has not granted the User the rights to place the Content on the Administration Website on their behalf; and
place and/or distribute any other information that, according to Administration opinion, is unwanted, does not correlate to the purposes of the Service creation, infringes interests of the Users and other third parties or is otherwise unwelcome on the Website.

6.5. Despite the prohibition, while using the Service you may receive Content which you may consider containing offensive or obscene information or information otherwise violating the applicable legislation, infringing rights and/or interests of third parties.

6.6. All the responsibility for the Content and its correspondence to the applicable legislation shall be borne by the person who created this Content and/or added it onto the Administration Website.

6.7. If you discover an instance of infringement of your rights and/or interests concerning provision of the Service, including by placing the Content by another User, please inform the Administration. For this, you would need to send the Administration a written notification with a detailed description of violation circumstances and a hyperlink to the Website page containing materials infringing your rights and/or interests.

6.8. Should claims from third parties arise with regard to the breach of any property and/or personal non-property rights, as well as legal prohibitions or limitations you must, at the Administration request, pass a formal identification, promising the Administration to settle the claims by yourself and at your expenses, indicating your passport details to supply such information to the claimant.

6.9. Should the Administration receive the Rightholder’s notice of intellectual rights infringement as a result of placing the Content on the Website by the User or following his order, the Administration reserves the right to immediately delete any Content from the Website. The Administration shall not be obliged to notify the User about deleting the Content or settle the possible dispute or pay losses compensation due to the above actions.

6.10. Due to the legally set responsibility for information broker for placing and provision of access to illegal Content, the Administration reserves the right to immediately delete any Content from the Website. The Administration shall not be obliged to notify the User about deleting the Content or settle the possible dispute or pay losses compensation due to the above actions.

6.11. In the event of a multiple or gross violations of terms of this Agreement, the Licence Agreement and/or legal requirements, the Administration reserves the right to completely block your account, delete it or otherwise limit (terminate) the Service provision.

6.12. If the Administration is held liable or awarded a punishment due to your infringements of rights and/or interests of third parties, as well as legally set prohibitions or limitations, you shall have to compensate the Administration losses in full.

6.13. The Administration reserves the right to place advertisings and links to other resources in the special blocks on the Website, while not bearing the responsibility for the advertising materials and accessibility of such resources, for their Content and for any consequences of using these resources, their Content or advertising.

6.14. The Administration shall not be held liable for your infringements and for any harm or losses you have sustained under the above-stated circumstances.

6.15. The Administration shall bear no responsibility for anyone’s use of publicly accessible personal data of the Users.

6.16. Under any circumstances, the Administration liability is limited to one thousand RUR (1,000) and shall only be imposed if the Administration is guilty due to its actions.

7. Notifications

7.1. You hereby agree to receive the Administration information electronic messages (hereinafter referred to as “the notifiers”) about important events on the Website or related to it to the email address you have specified in your profile on the Website.

7.2. The Administration hereby undertakes to use notifiers solely for the purpose of informing the User about the capabilities of the Platform and/or the Administration Website and/or changes in informational resources placed on it.

7.3. The Administration shall not send third-party advertisings with the notifiers.

8. Other Conditions

8.1. The User personal data shall be processed according to the Administration Privacy Policy.

8.2. Registered User shall independently determine conditions and procedure for using of their account/profile, however they may under no circumstances contradict this Agreement.

8.3. Applicable legislation. This Agreement, its conclusion and execution as well as all matters not regulated hereby shall be governed by the current legislation of the Russian Federation.

8.4. Arbitration Court. All disputes arising out of or in connection with this Agreement are subject to jurisdiction of courts at the Administration’s location in accordance with the current procedural law of the Russian Federation.

8.5. Amendments. The Administration may unilaterally amend or terminate this Agreement without prior notice and without payment of any compensation to the User.

8.6. Version of the Agreement. The current version of this Agreement is available on the Administration Website at: http://old-law.2gis.ru/en/rules.

Version as of 19 November 2013