This User Agreement (hereinafter referred to as the Agreement) is a public written offer of the Licensor addressed to a wide circle of persons, i.e. Users of browser extension located at the following address: https://chrome.google.com/webstore/detail/mediasave-downloading-mus/hfgbpkkdodfihabamnkhoaeamkdhnoec, and Users of the Licensor’s Website mediasave.ru(hereinafter referred to as the Website). The User and the Licensor are jointly referred to as the Parties or the Party if taken separately.
Use of the Licensor’s software product (hereinafter referred to as the Software Application) in the browser extension located at the following address: https://chrome.google.com/webstore/detail/mediasave-downloading-mus/hfgbpkkdodfihabamnkhoaeamkdhnoec and on the Website, is possible only in accordance with the provisions of this Agreement. If the User does not accept this Agreement in full, than the User shall have no right to use the Software Application with any other unspecified purposes and shall cease the use (including installation procedure) of the Software Application.
Use of the Software Application with violation of (failure to comply with) any of these provisions of the Agreement is prohibited.
Functionality of the Software Application is aimed at the provision of the User with technical ability to legally use media files and is implemented through a program representing a software means for download and playback of files at the initiative of the User. The terms used hereinafter in the Agreement: the Website - is a site located in Internet at the following address: http://mediasave.ru and a browser extension located at the following address: https://chrome.google.com/webstore/detail/mediasave-downloading-mus/hfgbpkkdodfihabamnkhoaeamkdhnoec), that can contain the Software Application to be installed on the User’s Device, however, possibility of installation of the Software Application from other websites independently placing information (posts) about the Software Application and providing possibility of the Software Application installation on the User’s Device is not excluded.
The Software Application is a software installed on the User’s Device and supplements it with a corresponding function provided to the User under this Agreement and forming the Licensor’s property aimed at the fulfillment of certain user tasks (including, but not limited to, download of media files) and aimed at the direct interaction with the User through his/her Device.
The Device - a personal computer (including, but not limited to, a desktop computer, notebook, netbook, desktop), smartphone, tablet, server or other equipment of the User allowing installation of the Software Application.
The Licensor - Linber LLC, represented by its Director General A.G. Martov, acting on the grounds of the Articles of Association, that is the holder of rights on the Software Application, the Website and providing the Software Application and the Website for the use by the User on the conditions of this Agreement.
The User - a physical person who accepted the Agreement in compliance with its conditions in order to use the Software Application.
User’s Active Action is a result of the User’s activity with the use of the Software Application on the User’s Device, including, but not limited to, downloading of media files from Internet in compliance with the procedure established by the holders of rights in the aforementioned media files. Paid subscription for the Software Application is a means of the Software Application use by the User accessible after the User’s registration on the Website and payment of license fee in compliance with the procedure established by the Website allowing usage of the Software Application additional functions, including the User’s ability to download bigger files in bigger numbers.
The Agreement can contain the terms not determined by this section of the Agreement. In this case the interpretation of such term is carried out in compliance with the text of the Agreement. If there is no single interpretation for any term contained in this Agreement, than first of all the term definition provided on the Website shall be used and secondly - the definition common to Internet.
1. Acceptance of the Agreement.
- 1.1. This Agreement enters into force from the moment of its acceptance by the User, i.e. installation of the Software Application by the User on his/her Device.
- 1.2. The User accepts this Agreement by pressing “Install” or “Add” button and during installation of the Software Application on his/her Device.
- 1.3. This Agreement shall remain in force for the whole period of use of the Software Application by the User.
- 1.4. Pressing “Install” or “Add” button the User confirms that he/she is of age, with sufficient legal capability and competence for acceptance of the Agreement according to the legislation of the Russian Federation, that he/she will prevent the Software Application use by the underaged, incompetent or legally incapable (including partially capable) persons and that the User bears responsibility for access of such persons to the Software Application.
- 1.5. Pressing “Install” or “Add” button the User confirms that he/she is well informed and gives his/her permission for the alteration of this Agreement by the Licensor at any time.
- 1.6. By pressing “Install” or “Add” button the User confirms that he/she understands all his rights and obligations in full and that he/she accepts the provisions of this Agreement becoming a licensee using the Software Application under the provisions of the Agreement.
- 1.7. Acceptance of the Agreement provisions is equal to signing of bilateral End User License Agreement in writing between the User and the Licensor.
2. Rights and Obligations of the Parties
2.1. The User:
- 2.1.1. shall be obliged to read through the Licensor’s confidentiality provisions and the present Agreement prior to installation of the Software Application.
- 2.1.2. shall use the Software Application for personal non-commercial purposes.
- 2.1.3. shall have no right to make any changes in the operation of the Software Application or the Website.
- 2.1.4. shall have no right to offer services related to the Software Application execution by other Users for generation of profit.
- 2.1.5. shall have no right to commit any actions aimed at the breaking of the Software Application normal operation and use of special software containing malicious components (“viruses”).
- 2.1.6. shall have no right to distribute the media files downloaded through the Software Application installed on the User’s Device.
- 2.1.7. shall cease the use (including the installation process) of the Software Application and remove it from the User’s Device if the User does not accept the Agreement in full.
- 2.1.8. shall bear personal responsibility for unauthorized use of media files belonging to the respectful holder(s) of rights in such files, namely, downloading media files violating the legislation on copyright and legislation regulating the protection of exclusive rights.
- 2.1.9. shall perform the aforementioned actions at his/her own risk.
- 2.1.10. Shall have the right to obtain a paid subscription (use) variant of the Software after registration on the Website and payment of the license fee.
2.2. The Licensor:
- 2.2.1. shall have the right to alter the Software Application functionality, interface and/or contents at any time, on the condition of notifying the Users or without any condition.
- 2.2.2. shall provide the technical support for the Software Application and a simple means of communication for requests by the Users in relation to any issues arising in the process of the Software Application use.
- 2.2.3. shall have the right, during the use of the Software Application by the User, to edit (including to replace), to remove cookies or perform other actions in his/her Internet browser, to change the standard appearance of websites in the User’s Internet browser, to add multifunction buttons with built-in links to third party websites.
- 2.2.4. Shall bear no responsibility for the User’s Active Actions, including in case of unauthorized use of media files belonging to corresponding holder(s) of rights in any way.
- 2.2.5. Shall provide a paid subscription (use) variant of the Software Application for the User after the User’s registration on the Website and payment of the license fee.
- 2.1. The User:
3. Liability of the Parties
- 3.1. The User acknowledges and agrees that the Software Application is provided “as is” without any warranties, direct or implied.
3.2. The User understands that he/she shall have no right of access to media files through use of the Software Application without a proper permit of the holder of rights in such files if any limitation is established by the holder of rights.
- 3.2.1. The User shall check for the presence or absence of such limitations.
- 3.3. The Licensor does not provide any warranties in relation to the consequences of the Software Application use or interaction of the Software Application with other software.
- 3.4. The Licensor does not provide any warranties of fitness of the Software Application for intended use. The User accepts and agrees that the result of the Software Application use can be inconsistent with the User’s expectations.
- 3.5. The Licensor or any other holders of rights in no circumstances shall bear any responsibility for any indirect, accidental or unintended damage (including loss of profit or damage incurred due to loss of data) caused by the Software Application use or inability to use it, including in case of failures or other interruptions in the Software Application use, even if the Licensor warned or pointed at the possibility of such damage.
- 3.6. The User shall be solely liable for his/her actions related to the Software Application use.
- 3.7. The User shall be solely liable for compliance with the rights of the third parties, applicable legislation or present Agreement during the Software Application use.
- 3.8. The Licensor shall have the right to refuse in further rendering of services for the User or limit such rendering in full or in part, with notification of the User or without any notification, for any violations by the User.
4. Limitation of Liability
- 4.1. The Licensor shall not be liable for any failures, errors or malfunctions in the Software Application operation caused by reasons beyond the competence of the Licensor.
- 4.2. The Licensor shall bear o responsibility for any inconvenience caused to the User as a result of the Software Application use or inability to use it.
- 4.3. Using the Software Application the User agrees that he/she will download any media files through the Software Application at his/her personal risk. The User bears personal responsibility for possible consequences of use of the aforementioned materials, including the damage inflicted to the User’s Device or the third parties, for loss of data or other damages.
- 4.4. The Licensor shall not be liable to the User or any third parties for any indirect, accidental or unintended damage, including loss of profit or loss of data, loss of goodwill, dignity or business reputation caused as a result of the Software Application use or other materials accessed by the User or other persons through the Software Application.
- 4.5. The User shall be held liable for the authenticity of the data specified by him/her during authorization on the Website.
- 4.6. The Licensor has no ability to track the User’s actions concerning downloading of media files through the Software Application.
- 4.7. The Licensor is not obliged to monitor the legal status of the information transferred to the User (including media files), determine the rights of ownership and legality of such transfer, receipt or use of information (including media files).
- 4.8. The Website and the Software Application are not a file storage facility or FTP-server, they do not contain electronic copies of the information and/or materials received by the Users. The Software Application is engaged only in switching of requests between the User’s Device and a server from which the User is downloading of media files.
4.9. The User agrees that using the Software Application one can get access to the information (including media files) unlawfully placed in Internet. The Licensor has no ability to monitor the contents and legality of the placement of the information (media files) downloaded by the User through the Software Application, so the Licensor shall bear no responsibility for:
- 4.9.1. The contents of a media file received by the User through the Software Application.
- 4.9.2. The consequences of use or failure to use the received information (including media files) by the User.
- 4.9.3. Inconsistence of the results obtained through the Software Application to the User’s expectations.
- 4.9.4. Damages of the User’s Device or software as a result of the receipt of any information (including media files) through the Software Application.
- 4.9.5. Consequences caused by distribution of illegal or unlicensed media files and other materials or data violation the intellectual property rights of the third parties.
- 4.10. The Parties are relieved from liability for partial or complete non-performance of their obligations under the Agreement, if such failure resulted from force majeure arising after the Agreement’s entry into force, as a result of circumstances of exceptional nature that the Parties could not have foreseen or prevented by reasonable measures.
5. Software Update
- 5.1. The User agrees that the Software Application can automatically install any updates (improvements, patches, extensions of the browser extension) on the User’s Device or issue update requests.
- 5.2. These updates can be in the form of patches, additional modules or completely new versions of the Software Application.
- 5.3. The User is hereby notified and agrees with the Software Application automatic update, including request, download and installation of the Software Application updates on the User’s Device without any preliminary notifications.
6. Personal Information of the User and Confidentiality
- 6.1. The personal information of the User is stored and processed on the Website only; it is not transferred to any third parties.
- 6.2. The User agrees that the Licensor shall have the right to provide this personal information to the Licensor’s partners in order to execute this Agreement as well as with commercial purposes.
- 6.3. The Licensor protects all personal information received during the Software Application use by the User.
- 6.4. Use of the User’s personal information is regulated by the legislation on the protection of personal information.
- 6.5. The Licensor shall take all necessary and sufficient organizational and technical measures to protect the User Personal Information from misuse or accidental access, destruction, modification, blocking, copying, distribution, and other illegal actions of third parties with it.
- 6.6. The source code, design and structure of the Software Application represent the Licensor’s trade secret and are objects of the Licensor’s exclusive rights. The User shall have no right to decompile, disassemble, modify or perform derivative operations based on the browser extension or the Website where the Software Application is placed, in full or in part.
- 6.7. The information about the Licensor obtained by the User during authorization on the Website an installation of the Software Application is confidential. The User shall have no right to distribute such information without the Licensor’s written consent.
7. Final Provisions
- 7.1. The User guarantees that all the provisions of this Agreement are clear for him/her and that the User irrevocably accepts such provisions in full scope.
- 7.2. All the questions and claims of the Users in relation to the Software Appplication shall be sent to the following e-mail of the Licensor: firstname.lastname@example.org
- 7.3. The Licensor shall be obliged to respond to questions (claims, requests) of the User within 1 (one) month from the receipt of such question (claim, request).
- 7.4. All the disputes arising in relation to the execution of this Agreement, including any questions related to its existence, legality, interpretation, application or termination, shall be first and foremost solved by negotiations between the Parties.
- 7.5. If such disputes cannot be solved by negotiations than such disputes shall be solved in compliance with the procedure established by the current legislation of the Russian Federation.
- 7.6. The present Agreement is executed in Russian and can be provided to the Users in other languages. In case of any conflicts between the version of the Agreement in Russian and the version of the Agreement in any other language the provisions of the version of the Agreement in Russian shall prevail.
- 7.7. If whatever the reason, one or more provisions of this Agreement shall be considered invalid or void, this shall not affect the validity or applicability of the remaining provisions of the Agreement.