Terms & ConditionsThis User Agreement (hereinafter – the Agreement) governs the relationship between the administration of the 'clingwin.com' service (hereinafter –the Administration) and the individual (hereinafter - the User) regarding the use of clingwin.com company’s online advertising project, which allows users to participate in a free lottery with prizes and is found online at http://clingwin.com (hereinafter - Website). The User is recognized as an individual, accepted the terms of the present User Agreement and created an account on the Website.
Participants in ClingWin should be 18 years of age or older. This game is for entertainment purposes only.
The User agrees that by registering on the Website and using the Website he/she undertakes to:
1.1. Submit accurate, actual and complete personal data, requested while completing the questionnaire (Registration Data), during the registration;
1.2. Ensure the safety of the login (email address) and password;
1.3. Update the Registration Data and any other personal information provided during the registration, in case any changes have been made; 1.4. Take full responsibility for any actions taken by the User using his account and for any consequences that could result or have resulted from such use.
The Registration of the User on the Website is free, voluntary and can be done at http://clingwin.com/reg
2. Website Usage Restrictions:
2.1. The Website is available for personal non-commercial use only. It is prohibited to use the Website for the gain of profit, the carrying out of commercial advertisement, the carrying out of fraudulent schemes, financial pyramids and calling for participation in them.
2.2. It is prohibited to post the following materials on the Website: materials violating the legally protected property and/or moral rights and legitimate interests of third parties, including exclusive rights to intellectual property, as well as containing information, dissemination of which is prohibited by law.
2.3. It is prohibited to accumulate and collect email addresses or other contact details and personal data of Website users, with automated or other means, for any purpose, including the purpose of sending unsolicited emails (spam) or other unwanted information;
2.4. Materials, placed on the Website, should not:
infringe upon the honour and dignity, rights and legitimate interests of the third parties; promote the fomenting of religious, racial or interethnic strife, contain attempts at fomenting enmity or incitements to violence; promote the ideology of racial superiority; have an obscene or offensive nature; contain incitements to terrorist activity; constitute agitation materials; contain advertisement of narcotics, attempts to distribute drugs, recipes of their production and advice on their use; contain pornographic images and texts, containing scenes of paedo-, zoo- and necrophilia and other sexual deviations; contain scenes of violence or inhumane treatment of animals; contain descriptions of suicide means and methods, any instigation to its commitment; abuse the rights of under-age persons; abuse the author's and the ancillary rights of third persons; contain materials and/or technical solutions, automatically, without obvious prior consent of the user adding a program code to the user system, or changing the system settings of the user system. 2.5. Use automated scripts (programs) to collect information and/or interaction with the Website and its services;
2.6. It is forbidden to mislead other users of the Website in regards to your identity, using the account of another person, intentionally distort de representation of yourself, your age or your relationships with other persons or organizations;
2.7. It is prohibited to distribute spam, as well as any other intrusive information, when not expressly requested by the users;
2.8. It is prohibited to place the following details on the Website: photos, home addresses, phone numbers, email addresses, passport details and other personal information of other users or any third parties without their personal consent to such actions;
2.9. It is prohibited to place any files that contain or may contain viruses or other malicious software;
2.10. It is prohibited to post any information which, in the opinion of the Administration, is undesirable, does not meet the Website’s creation objectives, infringes the interests of users or whose posting on the Website is undesirable for other reasons.
3. Website Administration
3.1. The Administration reserves the right on its sole discretion to change (moderate) or remove any information posted by the User, including the information (materials) violating the prohibitions, established by Article 2 of this Agreement, including private messages and comments, suspend, restrict or cancel User access to all or any of the sections or services of the Website at any time for any reason or without giving any reason, with or without prior notice, and bears no responsibility for any harm that may be caused to the User by such action;
3.2. The Administration has the right to delete the User's account and/or suspend, restrict or cancel the User’s access to any of the services of the Website, if the Administration finds any signs of violation of this Agreement in the User's actions, without giving reasons for such decisions.
4. Exclusive Rights to the Content Placed on the Website
4.1. All objects, placed on the Website, including design elements, text, graphics, images, videos, scripts, programs, music, sounds and other objects and their sets (hereinafter - Content), are subject to the exclusive rights of the Administration, Users of the Website and other rights holders, all rights to these objects are protected;
4.2. Except in cases, stipulated by these Regulations, no Content may be copied (reproduced), processed, distributed, published, downloaded, transferred, sold or otherwise used in whole or in part, without prior permission of the rights holder, except in cases when the rights holder explicitly expressed his consent for the free use of this material by any person;
4.4. The use of Content, to which the User has access solely for personal non-commercial use, is permitted provided that all signs of authorship (copyrights) or other authorship notices are saved, the author's name is intact, preserving the work intact, commercial use remains inadmissible;
4.5. In case of receipt of the justified complaint from the relevant rights holder regarding the violation of his rights, the Administration has the right to remove the Content or block access to it for users without further notice to the User and without giving reasons;
5. Responsibility for the Violation of Exclusive Rights
5.1. The User agrees that he shall be solely responsible for any Content or other information which is uploaded or otherwise communicated by him to the public (published) on the Website or with his help. The User is not permitted to upload, transmit or publish Content on the Website, if it was not created by the User personally or for publication of which the User has no permission from the rights holder;
5.2. In case of claims by the third parties in relation to the placement of Content, the User individually and at his own expense settles the indicated claims. The Administration reserves the right to share, at its discretion, any information about the User to any third parties, who have submitted sufficient (in the opinion of the Administration) evidence of violation of someone's rights by the User.
5.3. The Administration has the right to make copies of the Content in order to streamline and facilitate the publication and storage of the User Content on the Website;
5.4. By posting Content on any part of the Website, the User automatically grants a non-exclusive right to the Administration for its use by copying, public performance, reproduction, processing, translation and distribution for the purposes of the Website or in connection therewith, including for its popularization. For these purposes, the Administration may make derivative works or insert the User Content as parts of the relevant collections, may perform other actions that serve these objectives.
5.5. In case the User deletes the Content, the rights referred to in par.5.4. of this Agreement shall be automatically revoked, but the Administration has the right to archive copies of User Content.
6. Responsibilities of Users and Administration
6.1. The User agrees that he is personally responsible for any information or any Content, which he places on the Website, and for his interactions with other users;
6.2. Since the Website is a publicly accessible information resource, the Administration assumes no liability for any user or third party Content, placed on the Website or with its help;
6.3. The Administration is not responsible for the conduct of any users or third parties using or browsing the Website, both online and offline;
6.4. The Website or its services may, at any given time, be partially or completely unavailable due to maintenance or other works, or due to any other technical reasons. The Administration has the right to carry out necessary maintenance or other works at any given time at its sole discretion, with or without prior notice to the users;
6.5. The Administration is not responsible for any errors, omissions, interruptions, deletions, defects, delays in data processing or transmission, communication lines failure, theft, destruction or unauthorized access to the user materials placed on the Website or in any other location. The Administration is not responsible for any technical malfunctions or other problems of any telephone networks or services, computer systems, servers or providers, computer or phone equipment, software, failure of email services or scripts for technical reasons;
6.6. The Administration is not responsible for any damage to the user's or any other person's computer, mobile devices, any other hardware or software, caused by or associated with the downloading of materials from the Website or via links posted on the Website.
6.7. Under no circumstances shall the Website Administration or its representatives be liable to the User or to any third parties for any indirect, incidental, unintentional damage, including profit loss or data loss, damage to honour, dignity or business reputation, caused in connection with the use of the website, website content or other materials, to which the User or other persons had access through the website, even if the Administration warned or pointed to the possibility of such damage.
6.8. The User, who believes that his/her rights and interests have been violated due to actions of the Administration or third parties in connection with the Content posted on the Website, should send a claim to the following email address: [email protected] The claimed Content will immediately cease to be freely accessible on the first request of a legitimate rights holder.
7. Final Provisions
7.1. If for any reason one or more provisions of this Agreement are invalid or void, this does not affect the validity or applicability of the remaining provisions.
These Regulations may be changed and/or amended by the Website Administration unilaterally, without any particular prior notice. These Regulations are an open and publicly available document. The current edition of the Regulations is located on the Internet at: http://clingwin.com/?section=terms. The Website Administration recommends that Users regularly check the conditions of these Regulations for any changes and/or amendments. The continuation of the use of the Website by the User after making changes and/or amendments to these Rules constitutes the acceptance of and consent to such changes and/or amendments by the User.