1.2. These Terms is a legally binding agreement between a User and the Website Administration; the subject thereof is providing Website use and Website services (hereinafter the Services) to the User by the Administration. Also, the agreement between the User and the Website Administration includes all special documents, regulating certain Website services and available on the website.
1.3. The User must completely read and understand these Terms before registering on the Website. Registration on the Website implies full acceptance of these Terms by the User in compliance with Article 438 of the Civil Code of the Russian Federation.
1.4. These Terms may be changed and/or updated by the Administration unilaterally, without any special notification. These Terms is an open and public document. The current revision of the Terms is available online at https://bike.net/rules. The Website Administration recommends the Users to regularly check the Terms for changes/updates. By continuing using the Website after changes/updates to the Terms, the User accepts and agrees to such changes/updates.
2. Bike.net status
2.1. Сайт Bike.net является интернет-ресурсом и представляет собой совокупность информации и программ для ЭВМ, содержащихся в информационной системе, обеспечивающей доступность такой информации в сети Интернет по сетевому адресу https://bike.net.
2.2. Все права на Сайт в целом и на использование сетевого адреса (доменного имени) https://bike.net принадлежат Администрации Сайта. Последняя предоставляет доступ к Сайту всем заинтересованным лицам в соответствии с настоящими Правилами и действующим законодательством Российской Федерации.
3. Bike.net Administration
3.1. With regard to the Website functioning and development, the Administration is governed by the Russian legislation, these Terms and other special documents, which are developed or may be developed and adopted by the Website Administration for the purpose of regulating provision of certain site services to the Users.
3.2. No provision of these Terms grants the User any rights to use brand name, trade marks, domain names or other distinctive marks of the Website Administration. The right to use brand name, trade marks, domain names or other distinctive marks of the Website Administration may only be granted upon written consent of the Website Administration.
4. Registration at Bike.net and User status
4.1. Registration at the Website is free of charge, voluntary and is performed at https://bike.net/login
4.2. Website User is an individual registered at the Website as prescribed by these Terms, and of age and capability, specified in the Russian legislation as allowable to accept these Terms (hereinafter the User).
4.3. When registering on the Website, the User provides the Website Administration with required actual and true information to form a User profile, including unique login (an email address or a combination of Latin letters and digits to enter the Website) and a password, and a full name. Website registration form may require additional information.
4.4. The User is responsible for providing actual and true information, compliant with the Russian legislation and free from any third party claims.
4.5. Upon providing of information, specified in Paragraph 4.3 of these Terms, the User is to pass a number of certification procedures, namely: (a) confirm registration by recognizing an automated test to differentiate computers from humans (CAPTCHAs); (b) confirm registration by activating profile page via an email sent by the Website Administration to the User's email address; (c) confirm registration by entering an sms-code, sent by Website Administration to the User's phone number, provided by the User, into a corresponding form on the Website. If all actions of the sequence are completed correctly, a profile page like https://bike.net/username is created on the Website. The User can register no more than one profile page on the Website.
4.6. By registering on the Website, the User agrees with these Terms and assumes rights and responsibilities listed therein and related to the Website use and functioning. The User is granted full rights to use the Website Services on condition that at least thirty percent of profile information is filled out.
4.7. Upon successful registration at the Website the Administration assumes rights and liabilities to the User, listed in these Terms.
4.8. By accepting these Rules through registering on the Site, the User confirms his consent to the processing by the Administration of their personal data provided during registration, as well as voluntarily posted by the User on his/her personal page. The processing of the User’s personal data is carried out in compliance with the legislation of the Russian Federation. The Site Administration processes the User’s personal data in order to provide the User with services; to verify, study and analyse data to maintain and improve Site services and sections, as well as to develop new services and sections of the Site. The Site Administration takes all necessary precautions to protect the User’s personal data from unauthorized access, alteration, disclosure or destruction. The Administration grants access to the User’s personal data only to those Administration employees, contractors and agents who require this information to ensure the functioning of the Site and the provision of Services to the User. The Site Administration has the right to use the information provided by the User, including personal data, in order to ensure compliance with the requirements of the current legislation of the Russian Federation (including in order to prevent and/or suppress illegal and/or unlawful actions of Users). Information provided by the User may only be disclosed in compliance with the current legislation of the Russian Federation by order of a court, law enforcement agencies or in other cases provided for by the legislation of the Russian Federation.
4.9. User login and password are required and sufficient information to grant Website access. The User must not pass his/her login or password to the third parties and is fully responsible for their security, while choosing a way to store them. The User may allow saving login/password on his/her device (using cookies) for further automatic authorisation on the Website.
4.10. Unless the contrary is proved by the User, any action performed under his/her login and password are considered as performed by the User. In case of unauthorised access to the User's login and password and/or profile, or circulation of User's login and password, the User must immediately inform the Website Administration in line with established procedure.
4.11. Upon registration the User is entitled to create, use and define the content of a personal profile page for personal non-commercial purposes, define profile page access rights for other Users and access and post information on a personal Blog and Communitires/Clubs.
4.12. The Used as the owner of information posted at his/her personal page of in his/her personal Blog acknowledges that except for the cases, set forth in these Terms and the current Russian legislation, the Website Administration does not participate in content formation and use, nor does it control other Users' access to the User's personal profile or Blog.
4.13. In compliance with the effective Russian legislation the User has the right to recall his consent to processing of his/her personal information by (a) deleting information previously posted on the Website.
5. Bike.net User Responsibilities
5.1. While using Website Services the User must:
- observe the requirements of the effective Russial legislation, these Terms and other special documents of the Website Administration;
- provide true and complete information during registration and keep it duly updated;
- inform the Website Administration of unauthorized profile access incidents and/or unauthorized access or use of User's login and password;
- not grant other Users access to his/her profile or its content if it may lead to breaking of the Russian laws and/or these terms or special documents of the Website Administration;
- not post on his/her personal page information and objects (including links thereto), which may violate rights or Interests of other persons;
- prior to posting information or objects (including, but not limited to images of other people, various texts of somebody else's authorship, audio and video records)
- not disclose to other Users or third parties any personal information, obtained from communication with other Users or through the use of the Website (including, but not limited to home addresses, phone numbers, email addresses, ICQ numbers, passport or banking details) and information about private life of other Users or third parties without obtaining prior consent of the latter;
- make backup copies of important content of the profile page.
5.2. In case of doubt in legality of an action, including posting information or providing access, Website Administration recommends to refrain from such action.
5.3. When using the Website, the User is prohibited the following:
5.3.1. registering on behalf or instead of another person ("a fake account") or registering a group (assembly) of people or a legal entity as a User;
5.3.2. misguide Users with respect to his/her personality, using login or password of another registered User;
5.3.3. falsify information about his/her identity, age or relation to other people or organizations;
5.3.4. download, store, publish, spread and provide access to or otherwise use any information, which:
- contains threats, discredits, insults, defames or impairs goodwill or violates privacy of other Users or third parties;
- violates rights of underaged persons;
- is vulgar or indecent, contains obscene words, pornographic images and texts or sex scenes with underaged persons;
- contains scenes of violence or inhumane treatments of animals;
- contains description of means and ways of committing suicide or any incitement to commit it;
- promotes and/or encourages racial, religious or ethnic hate or hostility, promotes fascism or racial supremacy ideology;
- contains extremist materials;
- promotes criminal activity or contains advice, instructions or guidelines on committing criminal acts,
- contains restricted information, including but not limited to state or commercial secret, information on private life of third parties;
- contains advertisement or describes appeal of drug use, including "digital drugs" (audio files, affecting human brain through binaural beats), information on drug distribution, drug recipes and drug consumption advice;
- is of fraudulent nature;
- violates other rights and interests of citizens or legal entities or the Russian legislation.
5.3.5. illegally download, store, publish, distribute and provide access to or in any other way use intellectual property of the Users or third parties;
5.3.6. perform mass mailings without Website Users' consent;
5.3.7. use software and commit acts aimed at disruption of normal functioning of the Website or its services or Users' profiles;
5.3.8. download, store, publish, distribute and provide access to or in any other way use viruses, trojans and other malware;
5.3.9. use, without authorization from the Website Administration, any automated scripts (programs) to collect data on the Website and(or) to interact with the Website or its services;
5.3.10. try by any way, including, but not limited to fraud, breach of trust or cracking, to obtain other User's login or password;
5.3.11. perform illegal collection and processing of other people's personal information;
5.3.12. access (try to access) any services by any other ways except through the interface, provided by the Website Administration, except for the instances when such actions were specifically permitted to the User as per a separate agreement with the Administration;
5.3.13. reproduce, duplicate, copy, sell, trade and resell Services for whatever purpose, except when such actions were specifically permitted to the User as per a separate agreement with the Administration;
5.3.14. publish commercial or political ads outside Website categories, designated by the Website Administration. User can purchase chargeable Services as specified in special documents, available on the Website.
5.3.15. publish any other information which Website Administration may deem undesirable, contrary to the Website purpose, violates Users' interests or is unwanted on the Website for other reasons.
5.4. User is personally responsible for any information he/she publishes on the Website, communicates to the other Users and for any interactions with other Users, attempted at his/her own risk.
5.5. If User does not agree with these Terms or their updates, he/she is to discontinue Website use and inform the Website Administration about it in due order.
6. Intellectual Property Terms
6.1. Exclusive rights on the Content, published on the Website
6.1.1. All objects, published on the Website, including design elements, text, graphic images, illustrations, videos, scripts, programs, music, sounds and other objects or their collections (hereinafter Content) are the objects of exclusive rigt of the Websiote Administration, Website users and other copyright holders, all rights reserved.
6.1.2. Except for the instances, specified in these Terms, and the effective Russian legislation, no Content can be copied (reproduced), adapted, distributed, reproduced in a frame, published, downloaded, transferred, sold or used in any other way, completely or in part without prior permit from the copyright holder, except when the copyright holder expressly agreed to free use of the Content by any person.
6.1.3. By publishing his/her copyright Content on the Website, the User grants other Users nonexclusive right to use it by watching, reproducing (including copying), processing (including printing of copies) and other rights for the purposes of personal non-commercial use, except when such use harms or may harm copyright holder's interests, protected by law.
6.1.4. The use of Content, accessed for personal, non-commercial purposes, is allowed on condition of keeping all copyright marks or other statement of authorship, keeping authors' name and the product unchanged.
6.1.5. The User has no right to download or otherwise publish (on the Website) any Content from other sites, databases and other intellectual property without clearly expressed copyright holder's agreement.
6.1.6. Any use of the Website or Content, except for permitted by these Terms or in case of explicit consent of the copyright holder for such use, is strictly prohibited without prior written consent of the copyright holder.
6.1.7. Unless otherwise specified, nothing in these Terms can be treated as transfer of exclusive rights for the Content.
6.2. Liability for violation of exclusive rights.
6.2.1. User is personally liable for any Content or any other information he/she downloads or publishes in any other way on the Website or with its help. User has no right to download, transfer or publish Content on the Website, if he/she does not hold corresponding rights to do so, obtained or transferred to him in compliance with the Russian legislation.
6.2.2. Website Administration may, but is not obliged to monitor the site for unauthorised content and may delete or transfer (without prior notice) any Content or user at its own discretion, for any reason or for no reason, including, without any limitation, transfer or deletion of the Content which, in Administration opinion, is contrary to these Terms, Russian legislation and/or may violate rights, harm or threaten safety of othe Users or third parties.
6.2.3. By publishing his/her content on the Website, the User transfers to the Administration right to make copies of his/her Content to regulate and facilitate publishing and storing of the User Content on the Website.
6.2.4. By publishing his/her Content at any place of the Website, the User automatically and voluntary grants the Administration non-exclusive right to use it by copying, public presentation, adaptation, translation and distribution for the Website purposes or in relation thereto, including for Website promotion. For these purposes the Administration may produce derivative products or insert User's Content into collections, and take other such actions.
6.2.5. If Used deletes his Content from the Website, rights, specified in Paragraphs 6.2.3. — 6.2.4. of these Terms are automatically recalled, but the Administration retains theright to keep archive copies of the User's Contend for an indefinite period of time.
6.3. Third Party Websites and Content
6.3.1. The Website contains (or may contain) links to other sites on the Internet (third party websites), articles, photos, illustrations, graphic images, music, sounds, videos, information, applications, programs and other Content, belonging or coming from the third parties (third party Content) which is an intellectual property and is protected under the Russian legislation.
6.3.2. The Administration does not check the specified third parties and their Content for compliance with certain requirements (accuracy, completeness, good faith etc.). The Administration assumes no responsibility for any information, published on the third party websites, accessible by User via the Website or via third party Content, including any opinions or statements expressed on third party websites or in their Content.
6.3.3. Links or instructions for third party files downloading and/or program installation published on the Website do not mean that the Administration supports or approves of such actions.
6.3.4. A link to any site, product, service, any commercial or non-commercial information, published on the Website is not an approval or recommendation of this product (service) by the Administration.
6.3.5. If a User decides to leave the Website and go to the third party sites, use or install third party programs, he undertakes it at his/her own risk and from that moment these Terms are no longer applicable to the User. In his/her further actions the User should be guided by applicable regulations and policies, including business practices of those parties, whose Content he/she is going to use.
7. Bike.net functioning and User responsibility
7.1. The Users are responsible for their actions, related to creation and publishing of information on his profile page on the Website, in his/her personal Blog and posting information in Communities or Clubs and othe Website categories in compliance with the Russian legislation.
7.2. Website Administration provides technical possibility of the Website use to the Users, does not take part in User profile or Blog content creation, does not control or bear responsibility for actions of failure to act on the part of any person in relation to the Website use or creation or use of User profile page Content.
7.3. Website information system and its software do not contain any technical solutions for automatic censorship and control of Users' actions or informational relationships of the Users using the Website.
7.4. The Administration reserves the right to change Website design, content, list of services, change or update scripts, software and other objects used or store on the Website, or any server applications at any time with or without prior notice;
7.5. The Website Administration does not perform pre-moderation or censoring of the Users' information and takes steps to protect individual rights and interests and to ensure observance of the Russian legislation only upon receipt of a concerned individual claim made in duly order.
7.6. The Site Administration is not responsible for the violation of these Rules by the User and reserves the right, at his own discretion, as well as in case of receiving information from other users or third parties about the violation of these Rules by the User, to modify (moderate) or delete any information published by the User that violates the prohibitions set forth in these Rules (including private messages), suspend, restrict or terminate the User’s access to all or to any of the sections or services of the Site at any time for any reason or without giving any reason, with or without prior notice without liability for any harm that may be caused to you by this action. The Site Administration reserves the right to delete the User’s personal page, his personal Blog and (or) to suspend, restrict or terminate the User’s access to any of the Site services if the Administration finds that, in its opinion, the User poses a threat to the Site and (or) Users. The Site Administration is not responsible for temporary blocking or deletion of information carried out in accordance with these Rules, or the removal of the User’s personal page (termination of registration).
7.7. Deletion of User profile page means automatic deletion of all information, published thereon and all User information entered at registration on the Website. After profile deletion the User loses Website access right.
7.8. Website Administration ensures Website functioning and serviceability and undertakes to timely restore its serviceability in case of technical failures or downtimes. Website Administration shall not be responsible for temporary downtimes and loss of information, caused by such. The Website Administration bears no liability for any harm to the computers of the User or any other individual, mobile devices, or any other equipment or software, caused by or related to downloading of materials from the Website or via the links posted on the Website.
7.9. The Website Administration has the right to sent User information about development of the Website or its services, advertise its business and services.
7.10. Limitation of the Website Administration liability:
- The Administration disclaims any warranty that the website or its services may be suitable or unsuitable for specific purposes. The Administration can not guarantee and does not promise any results from using the website and its services.
- To keep safe the User should be cautious when downloading from the Website or via external links, and using any files, including program files. Website Administration strongly recommends using only licensed software, including antivirus software.
- By using the Website, the User agrees that he/she downloads any materials from the Website, or with its help, at his/her own risk, and is personally responsible for potential consequences of using such materials, including potential harm to User's computer or the third parties, for loss of data or any other damage.
- Under no circumstances shall the Website Administration or its representatives be liable to the User or any other third party for any indirect, occasional, accidental damage, including lost profit or data, real injury or goodwill damage, caused by the use of the Website, Website Content or other materials, which you or other individuals got access to with the help of the Website, even if the Website Administration warned or indicated possibility of such damage.
8. Final Provisions
8.1. These Terms make an agreement between the User and the Website Administration, regarding Website and Website services using procedure, and replace any previous agreements between the User and the Administration;
8.2. These Terms are regulated and interpreted in compliance with the Russian legislation. Any issue, not covered in these Terms, are to be settled in compliance with the Russian legislation.
8.3. In case of any argument or dispute, related to observance of these Terms, the User and the Administration shall make all efforts to settle those by means of negotiation. If disputes are not settled trough negotiation, they are to be settled as prescribed by the Russian legislation.
8.4. These Terms come into effect for the User from the moment of acceptance and remain effective indefinitely.
8.5. These Terms are made in Russian, and may be presented to the User for perusal in another language. In case of differences between the Terms in Russian and in another language, the Russian version shall prevail.
8.6. If for whatever reason one or several provisions of these Terms is found null or void, this fact does not affect validity or applicability of other provisions.