Welcome to FaceCat Application, a product that helps you chat with your friends without disclosing your identity. FaceCat Application is a mobile application, resource consisting of a set of (a) computer software (software codes used by computers), and (b) information (content) placed in them by the Administration and/or Users.
You may also familiarize yourself with Rules for the protection of information on FaceCat Application Users.
The Administration of the Application gives you access for the use of FaceCat Application and its functions on the terms and conditions discussed by these Application FaceCat User Rules. In view of this, you need to attentively study the conditions of these Rules, which are regarded by the Administration of the Application as a public offer according to Art. 437 of the Civil Code of the Russian Federation. By visiting and/or using the Application FaceCat via any device (and irrespective of the employed operating system), you unconditionally accept these FaceCat User Rules.
Status of FaceCat User Rules
- These Rules constitute a legally binding agreement between the User and the Administration of the Application, the subject matter of which is access granted by the Administration of the Application to the User for the use of the Application and its functions.
- The User shall thoroughly familiarize with these Rules before the moment he/she begins using the Application. The User’s registration at the Application means complete and unconditional accept of these Rules by the User according to Art. 438 of the Civil Code of the Russian Federation.
- The Administration of the Application may unilaterally amend and/or supplement these Rules without any special notification. These Rules are an open and easily accessible document. The existing version of the Rules is provided in the respective Section of the Application. The Administration of the Application recommends that Users regularly consult the terms and conditions of these Rules so as to check whether they have been amended and/or added. The on-going use of the Application by the User following the amendments and/or additions of these Rules shall mean the User’s accept and agreement with such amendments and/or additions.
FaceCat Status and Its Administration
- The rights to FaceCat Application generally belong to the Administration of the Application. The Administration grants access to the Application to all interested parties according to these Rules and current legislation of the Russian Federation.
- These Rules establish terms and conditions whereby the rights to the use of information and the results of intellectual activities (photographic objects) may belong to the Users of the Application and to other persons who may independently create and/or place these objects with the help of the Application without any direct involvement of the Administration of the Application.
- The Administration of the Application shall mean “FaceCat”, limited liability company, a legal entity incorporated under the law of the Russian Federation and registered in Saint Petersburg.
- All and any applications, proposals and claims from individuals and legal entities addressed to the Administration of the Application related to these Rules and all issues of the Application operation, violations of third parties’ rights and interests incurred while using the Application, and also requests of persons authorized by the law of the Russian Federation may be forwarded at the postal address of “FaceCat” LLC, as set out in i. 2.1. of these Rules.
- As for the operation and development of the Application, the Administration shall be governed by the legislation of the Russian Federation, these Rules and other specialized documents that have been developed or may be developed and adopted by the Administration of the Application to regulate the Users’ access to the services of the FaceCat Application.
- No provisions of these Rules shall grant to the User the right to use the company name, trademarks, domain names and other distinctive signs of the FaceCat Application and/or the Administration of the Application. The right to use the company name, trademarks, domain names and other distinctive signs of the FaceCat Application and/or the Administration of the Application may be granted exclusively at the written consent of the Administration of the Application.
Registration at the FaceCat Application and User’s Status
- The User’s registration at the FaceCat Application is free of charge and voluntarily.
- The Application User shall mean an individual registered at the FaceCat Application according to the procedure established by these Rules; this individual shall be of the age considered as eligible by the legislation of the Russian Federation for accepting these Rules; besides, such individual shall possess respective rights (earlier and hereinafter, the User).
- When getting registered at the FaceCat Application, the User shall submit to the Administration required reliable and relevant information for the origination of the User accounts, including unique User’s login (e-mail address or a set of Latin letters and numbers to access the Application), a password to access the Application, and also full name. The registration form may request that the User supply additional information. The User shall bear responsibility for the reliability, relevance, completeness and compliance with the legislation of the Russian Federation of the information provided at the moment of registration, and also for its unencumbrance by third parties’ claims.
- At the moment of registration, the User agrees with these Rules and assumes their rights and obligations related to the use and operation of the FaceCat Application.
- The User’s personal data are processed according to the legislation of the Russian Federation and the Rules of the Protection of Information on the FaceCat Application Users. The Administration of the Application processes the User’s personal data in order to provide to the latter access to the services of the FaceCat Application; to examine, study and analyze data enabling the operation and improvement of the existing services of the FaceCat Application; and also to develop new functions. The Administration of the FaceCat Application takes all needed measures to protect Users’ personal data against illegal access, change, disclosure or destruction. The Administration provides access to User’s personal data only to such employees, contractors and agents of the Administration which need this information for supporting the operation of the FaceCat Application and providing access to it for Users. The Administration of the Application is entitled to use information provided by the User, including personal data, in order to ensure the observance of the requirements of the current legislation of the Russian Federation (including, in order to prevent and/or stop illegal and/or unlawful acts of Users). The disclosure of information provided by the User may only be conducted in line with the legislation of the Russian Federation by the order of court, law enforcement bodies, as well as in other cases stipulated by Russian law. As the Administration of the Application processes the User’s personal data for the performance of these Rules, no User’s consent to the processing of his/her personal data is required according to the legislative provisions on personal data.
- Login and password selected by the User are required and sufficient information to ensure the User’s access to the FaceCat Application. The User does not have a right to transfer his/her login or password to third parties; being fully responsible for their safekeeping, the User independently selects the method of their safekeeping. The User may allow to save the login and password on his/her software and hardware block (on the basis of cookies files) for a subsequent automatic authorization in the Application.
- If the User cannot provide evidence to the contrary, any acts performed using his/her login and password shall deemed as performed by such respective User. In instances of any unauthorized access to the User’s login and password and/or account, or the disclosure of login and password, the User shall immediately bring such facts to the attention of the Administration of the Application according to the established procedure.
- After the registration, the User gets the right, by acting independently and for personal not-commercial purpose, to create, use and determine the account content mainly by placing various photographs. The User is also entitled to determine the conditions under which other Users may access his/her content, and to access other Users’ accounts and to place information there (on condition of obtaining respective access rights from their owners).
- Being the owner of information in his/her own account, the User realized that, except for the cases envisaged by these Rules and current legislation of the Russian Federation, the Administration of the Application is not involved in the creation and use of the content, and in monitoring other Users’ access to the User’s account.
FaceCat User’s Obligations
When using the FaceCat Application the User shall:
- observe the provisions of current legislation of the Russian Federation, these Rules and other special documents of the Administration of the Application;
- at the moment of registration, to provide reliable, complete and relevant data, and ensure their timely up-date;
- to inform the Administration of the Application on any unauthorized access to the accounts and/or on any unauthorized access to and/or use of the User’s password and login;
- not to provide to other Users access to own account or to any information therein if such this may lead to the violation of the legislation of the Russian Federation and/or these Rules, and special documents of the Administration of the Application;
- not to place in his/her account information and objects (including links to them) which may violate rights and interests of other persons;
- prior to placing information and objects (including, but not limited to, images of other faces, other persons’ authoring photographs, other persons’ texts of different contents), to make a preliminary assessment of the legality of their placements;
- to ensure the secrecy and not to disclose to other Users and third parties personal data and information on the private life of other Users and third parties, which have become known to him/her as a result of communications with other Users and other use of the Application, without obtaining a respective prior consent from the latters;
- to create backup copies of the personal account information which is meaningful for the User.
- In case any doubt appears with regard to the legality of some acts, including with regard to the placement of information or granting an access, the Administration of the Application recommends to refrain from such acts.
When using the FaceCat Application, the User is prohibited:
- to get registered as a User on behalf or instead of another person (“false account”);
- to mislead Users with regard to his/her identity by using the login and password of another registered User;
- to misrepresent information about him-/herself, about own age or relations with other persons;
to download, keep, publish, disseminate and provide access or in any other way to use any information which:
- threatens, discredits, insults, disgraces the honor, dignity or business reputation or infringes the inviolability of private life of other Users or third parties;
- violates the rights of minors;
- is vulgar or obscene, contains porn pictures and texts or sexual scenes with minor persons;
- contains scenes with the inhuman treatment of animals;
- contains descriptions of suicidal means and methods, any incitements to commit a suicide;
- promulgates and/or urges racial, religious, ethnic hatred or hostility, popularizes fascism or the ideology of racial superiority;
- contains extremist materials;
- propagandizes criminal activities or contains advice, instructions or guidelines how to commit crime;
- contains restricted information, including, by not limited, state and commercial secrets, information about the private life of third parties;
- contains advertisements or describes the attractiveness of using narcotics, including “digital narcotics” (sound files capable of affecting the human brain via binaural rythms);
- is of fraudulent character;
- and also violates other rights and legitimate interests of citizens and legal entities or the requirement of the legislation of the Russian Federation.
- to illegally load, keep, publish, disseminate and provide access or in any other way to use the intellectual property of the Users and third parties;
- to conduct mass spamming of communication addressed to other Users of the Application without their consent;
- to use software and to perform actions aimed at disrupting the normal operation of the FaceCat Application or Users’ accounts;
- to load, keep, publish, disseminate and provide access or in any other way to use software viruses, Trojans and other malicious software;
- to use without the special consent of the Administration of the Application automated scripts (programmes) to gather information from the FaceCat Application and/or to interact with the Application or its services;
- to attempt to get access to other User’s login and password by any method, including, but not limited, acting by false pretences, by violation of trust, or by breach;
- to perform illegal collection and processing of other persons’ personal data;
- to use the FaceCat Application by any other methods but via the interface provided by the Administration of the Application;
- to reproduce, duplicate, copy, sell, perform trade operations and re-sell access to the FaceCat Application;
- to place commercial and political advertising;
- to place any other information which, in the personal opinion of the Administration of the Application, is undesirable, is not in line with the purposes of the Application creation, violates Users’ interests or, for any reasons, is unfit for being placed in the FaceCat Application;
- to perform mass actions of the same type aimed at the artificial increase of the readings of ‘I like’ meter, etc., by acting independently or on behalf of other Users by employing the functions of their accounts, including, by misleading them or by promising incentive, and including by using any software or automated scripts.
- The User bears personal responsibility for any information placed in the FaceCat Application or communicated to other Users, and also for any interactions with other Users performed at own risk.
- In case the User does not agree with these Rules or their updates, the User shall refrain from employing the FaceCat Application by notifying the Administration of the Application according to the established procedure.
- When using the FaceCat Application the User shall:
Provisions on Intellectual Rights
Exclusive rights to the Content placed in the FaceCat Application.
- All objects placed in the Application, including design elements, text, graphic images, illustrations, video, scripts, programs and other objects and their selections (hereinafter, the Content) constitute items of exclusive rights of the Administration of the Application, FaceCat Users and other rightholders; all rights to these objects are protected.
- Except for the instances established by these Rules and also by the current legislation of the Russian Federation, no Content shall be copied (reproduced), redesigned, distributed, mapped in the frame, published, downloaded, transferred, sold or in any other way used in whole or in part without a prior consent from the rightholder, excluding the instances when the rightholder explicitly agrees to the free use of the Content by any person.
- By placing the legally owned Content in the Application, the User grants to other users a non-exclusive right to its use in the framework of the functional provided by the FaceCat Application at least by viewing it, and other rights only for personal and non-commercial use, excluding cases when such use damages or may damage the rightholder’s interests protected by law. The User also confirms his/her awareness of the fact, that the Content may be used by other Users by employing various devices depending on the modern level of technology development (generation of screen-shots, saving in device memory, etc.) outside the scope of potential control on the part of the FaceCat Administration.
- The User is allowed to use the Content, the access to which has been lawfully given exclusively for personal and non-commercial use, only on condition of preserving all signs of authorship (copyright) or other announcements of authorship, keeping the author’s name or the work itself unchanged.
- Besides, the User grants to the Administration of the Application a non-exclusive right to use on a free of charge basis the Content, which is placed in the Application and which lawfully belongs to him/her, so that the Administration of the Application may maintain the operation of the Application in the amount established by its functions. The said non-exclusive right is granted for the period when the Content is placed in the Application.
- If the User deletes his/her Content from the Application, the non-exclusive right mentioned in i. 5.1.5. of these Rules will be automatically revoked, however, the Administration reserves the right to keep backup copies of the user Content during the required period of time, if needed due to technical peculiarities of the Application operation.
- Apart from dealing with own Content, the User is not entitled to make public the Content of third parties in absence of the explicitly expressed consent of a respective rightholder to such actions.
- Any use of the Application or Content, except for the agreed usage under these Rules or if needed on condition of the explicitly expressed consent of the rightholder to such use without the rightholder’s prior written consent, is flatly prohibited.
- If not otherwise explicitly provided for by these Rules, nothing in these Rules shall be interpreted as the transfer of exclusive rights to the Content.
Responsibility for the violation of exclusive rights.
- The User bears personal responsibility for any Content or information, which he/she makes public via the FaceCat Application. The User has no right to make public the Content via the FaceCat Application without respective rights to such actions, which have been obtained or transferred to him/her according to the legislation of the Russian Federation.
- The Administration of the Application may view the Application, but is not obliged to do so, to check the existence of prohibited Content, and may delete any Content or users at its discretion, for any reason or without any reason, including without any limitations, to move or delete the Content, which, in the personal opinion of the Administration, violates these Rules, the legislation f the Russian Federation and/or may infringe rights, inflict damage or threaten the security of other Users or third parties.
Web-sites and Content of third parties.
- In the framework of the FaceCat Application, the Users may place links to various Internet sites (third parties’ sites) containing, among other things, articles, photos, illustrations, graphic images, music, sounds, video, information, applications, software and other Content belonging to or originated by third parties (third parties’ Content), which is the result of intellectual activities and protected according to the legislation of the Russian Federation.
- The indicated third parties and their Content are not checked by the Administration for their compliance with any requirements (for reliability, completeness, good faith, etc.). The Administration does not bear responsibility for any information placed in third parties’ sites, the access to which the User gets via the FaceCat Application or via third parties’ Content, including any opinions or assertions expressed in third parties’ sites or in their Content.
- Links or instructions to download files and/or to install third parties’ programs, provided in the FaceCat Application, shall not mean that the Administration of the Application supports or encourages these actions.
- Any link to any site, product, service, commercial or non-commercial information given in the Application shall not mean that the Administration supports or encourages these products (services).
- If the User opts to exit from the FaceCat Application and enter third parties’ sites, or to use or to install third parties’ programs, he/she will do it at his/her own risk, and from such moment these Rules will no longer apply to the User. In future actions, the User is to be guided by applicable standards and policy, including business rules of those parties, whose Content he/she is going to use.
- Exclusive rights to the Content placed in the FaceCat Application.
FaceCat Operation and Responsibility Related to the Use Thereof
- Users are responsible for their actions when creating and placing information in their accounts in the FaceCat Application, and also when placing information in other Users’ accounts and in other sections of the Application according to the current legislation of the Russian Federation. Any violation of these Rules and the current legislation of the Russian Federation entails emergence of civil, legal, administrative and criminal liability.
- The Administration of the Application provides technical possibility for Users to work with the Application. The Administration is not involved in the generation of the content of Users’ accounts, nor does it control or bears responsibility for any parties’ actions or absence thereof with regard to the use of the FaceCat Application and the content of the FaceCat Application Users’ accounts.
- The FaceCat Application software package does not have technical solutions capable of conducting automatic censorship and controlling Users’ actions and information exchange with regard to the use of the FaceCat Application.
- The Administration reserves the right to amend, at any time, the design of the FaceCat Application, its content, functions, and also to amend or supplement the scripts used, software and other objects, which are used and stored in the FaceCat Application, at any time with or without a prior notification.
- The Administration of the Application does not conduct preliminary moderation or censorship of Users’ information; and it takes measures to protect the rights and interests of entities, and to ensure the compliance with the requirements of the legislation of the Russian Federation only after an entity concerned applies to the Administration of the Application according to the established procedure.
- The Administration of the Application is not responsible for the violation of these Rules by the User and, acting it its discretion or upon receiving information from other Users or third parties on the violation of these Rules by the User, it reserves the right to amend (moderate) or delete any information, published by the User, which violates bans established by these Rules, and also to suspend, restrict or terminate the User’s access to all or any sections or functions of the Application at any time for any reason or without explaining reasons, with or without a prior notification. Besides, the Administration of the Application reserves the right to delete the User’s account and/or to suspend, restrict or terminate the User’s access to any functional possibilities of the FaceCat Application, if the Administration discovers, that to its mind the User constitutes a threat to the FaceCat Application and/or its Users. The Administration of the Application implements the above described measures according to the applicable legislation and does not bear any responsibility for the potential negative consequences of such measures to the User or third parties.
- The delete of the User’s account shall mean an automatic delete of all information published in it. After the account is deleted the User loses access to the FaceCat Application.
- The Administration of the Application ensures the operation and workability of the FaceCat Application and commits to promptly recover its workability in cases of technical failures and termination in operation. The Administration of the Application is not responsible for temporary failures and interruptions in the work of the Application and any ensuing losses of information. The Administration is not responsible for any damage to the devices or software of the User or any other person, caused by or related to the use of the FaceCat Application or when using links provided by the FaceCat Application.
- The Administration of the Application has the right to dispose of statistical information related to the FaceCat Application operation, and also the Users’ information for the purposes of organizing the operation of and the technical support for the Application and fulfillment of these Rules.
- The Administration of the Application has the right to send communications to the User on the development of the Application and its functions, and also to advertise own activities.
Limitation of the responsibility of the Administration of the Application:
- THE APPLICATION AND ITS FUNCTIONS, INCLUDING ITS INDIVIDUAL SERVICES, CONTENT AND APPLICATION DESIGN ARE DELIVERED “AS IS”. THE ADMINISTRATION REFUSES TO GUARANTEE THAT THE APPLICATION AND ITS FUNCTIONS MAY OR MAY NOT BE SUITABLE FOR THE SPECIFIC OBJECTIVES OF USAGE. THE ADMINISTRATION CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE APPLICATION AND ITS FUNCTIONS.
- FOR THE AVOIDANCE OF MISUNDERSTANDING, THE USER SHALL OBSERVE PRECAUTIONS WHEN DOWNLOADING INFORMATION USING LINKS PROVIDED IN THE APPLICATION AND WHEN USING ANY FILES, INCLUDING SOFTWARE. THE ADMINISTRATION OF THE APPLICATION STRONGLY RECOMMENDS TO USE ONLY LICENSED SOFTWARE, INCLUDING ANTIVIRUS SOFTWARE.
- BY USING THE APPLICATION, THE USER AGREES THAT HE/SHE DOWNLOADS FROM THE APPLICATION OR VIA THE APPLICATION ANY MATERIALS AT HIS/HER OWN RISK, THEREBY ASSUMING PERSONAL RESPONSIBILITY FOR POSSIBLE CONSEQUENCES RESULTING FROM THE USE OF THE INDICATED MATERIALS, INCLUDING FOR THE DAMAGE WHICH IT MAY INFLICT TO THE USER’S PC OR TO THIRD PARTIES, FOR THE LOSS OF DATA OR FOR ANY OTHER DAMAGE.
- IN NO CIRCUMSTANCES, THE ADMINISTRATION OF THE APPLICATION OR ITS REPRESENTATIVES SHALL BE RESPONSIBLE TO THE USER OR TO ANY OTHER THIRD PARTIES FOR ANY INDIRECT, INCIDENTAL, UNINTENTIONAL DAMAGE, INCLUDING LOSS OF PROFIT OR LOSS OF DATA, DAMAGE TO THE HONOR, DIGNITY OR BUSINESS REPUTATION, CAUSED BY THE USE OF THE APPLICATION, THE CONTENT OF THE APPLICATION OR OTHER MATERIALS, TO WHICH YOU OR ANY OTHER PERSONS GOT ACCESS VIA THE APPLICATION, EVEN IF THE ADMINISTRATION OF THE APPLICATION WARNED OR INDICATED TO THE POSSIBILITY OF SUCH DAMAGE.
- These Rules constitute the agreement between the User and the Administration of the FaceCat Application with regard to the procedure to use the Application and its functions, and supersedes all previous agreements between the User and the Administration.
- These Rules are regulated and construed according to the legislation of the Russian Federation. All issued not settled by the Rules shall be resolved according to the legislation of the Russian Federation.
- In case of the emergence of any disputes or disagreements related to the performance of these Rules, the User and the Administration of the Application shall endeavor to resolve them by way of negotiations. If disputes are not resolved by way of negotiation, they shall be resolved according to the procedure established by the current legislation of the Russian Federation.
- These Rules come into force for the User from the moment he/she accedes to them, and they shall remain valid during an indefinite period of time.
- These Rules are made in the Russian language and may be provided to the User for familiarization in another language. In case of any discrepancies between the Russian version of the Rules and their version in another language, the provisions of the Russian version of these Rules shall prevail.
- If, due to any reason, one or several provisions of these Rules deem invalid or unenforceable, this will not influence the validity or enforceability of other provisions.