Acceptance of the terms and conditions of this End User License Agreement (hereinafter referred to as the "EULA" or the "Agreement") is obligatory for your use of LLC VK software. Please read the terms and conditions of the EULA carefully before installing the Mobile Software on your personal device. If you disagree with the terms and conditions of this Agreement or cannot use the software according to the terms and conditions of this Agreement, please abort the software installation and/or immediately delete the software from your personal device.
Downloading, installation of the Software (as described below) on a personal device and/or use of the Software shall mean your full consent to the terms and conditions of this EULA. Use of the Software in violation of this EULA is subject to prosecution.
1. General Provisions
1.1. This EULA is an agreement between Yourself, an individual with full legal capacity who is the end user of the Software stipulated below (hereinafter the "User") and LLC VK registered at 39 bldg 79, Leningradskiy prospect, Moscow, Russia, 125167 (hereinafter "VK"). regarding Cloud application mobile software (hereinafter the "Software" or the "Application").
1.2. The Software is an mobile platform through which the User may obtain an access to cloud service VK (hereinafter the "Service").
1.3. By using the Software the User shall confirm that he/she has reached an age which allows taking actions within the framework of the Service which he/she is entitled to independently take and to be liable for them in accordance with applicable laws. If the User has not reached such an age, he/she shall not be entitled to use the Service without consent of his/her parents or legal representatives. Liability for the actions of a User who has not achieved the required age shall be imposed on his/her parents or legal representatives.
1.4 LLC VK has all necessary rights to enter into this EULA. Any use of the Software shall be subject to the EULA. The User may not change or delete copyright notices and/or any trademarks contained in the Software.
1.5. Installation and/or use of the Software are indicative of the User's full and unconditional consent to the terms and conditions of this EULA. The User is invited to read the terms and conditions of this EULA and accept them prior to installation of the Software on a personal device. Installation of the Software without signaling acceptance of the terms and conditions of the EULA is functionally impossible.
2. Limited License
2.1. From the moment of acceptance of this EULA the User receives free of charge under the conditions of a non-exclusive license the right to install the Software (install and record the Software into the memory of a personal device) and use the Software as intended. LLC VK does not provide any rights to the User for Software use, except for the rights expressly stated in this EULA.
The functionality of the Service, among other things, allows to automatically sort the Content uploaded by the User (images) by its type, as well as publish stories, selections and video highlights (available only to the User).
2.2. The User is prohibited from:
- distributing, renting, leasing the Software or its copies for payment among any third parties;
- altering, merging, adapting, decompiling, disassembling, modifying, translating into other languages or in any way changing the Software or any of its components;
- creating derivative works based upon the Software;
- using the Software in other ways that are not expressly stipulated in this EULA.
2.3. The User may use the Software during the term of validity of this EULA in the above-mentioned ways anywhere in the world.
2.4. The Software is intended solely for the User's private non-commercial use.
2.5. All rights not expressly granted in this EULA are reserved.
2.6. The User grants VK the right to use the Content (illustrations, graphics, photographs, scripts, texts, videos, music, sounds and other objects (files) uploaded by the User, which are the result of intellectual activity or not, the rights to which belong to the User or other persons/entities) uploaded by the User throughout the world and without paying VK remuneration solely for the purposes of the Service functioning in the manner necessary for this, incl. reproduction. The User represents and warrants that the usage of the Content by VK according to this clause 2.6. does not violate applicable legislation as well as the rights of third parties.
3. Rights and Obligations of the User
3.1. The User has rights:
3.1.1. to produce settings of the account within functionality of the Service within the provided volume of rights;
3.1.2. to upload and to download files by using the application;
3.1.3. to get the rights of use of the Additional Functionality of the Service (which means additional functional (program) opportunities of the Service, the right of use whereof may be provided to the User for a payment, the amount and conditions of such payment are defined herein and on pages of appropriate sections of the Service) and to realize these rights according to this Agreement;
3.1.4. to carry out other actions that are not prohibited by the applicable legislation, this Agreement, connected with the use of the Service.
3.1.5. to delete any Materials or the Account in general using the settings of the Cloud Client.
3.2. The User shall be obliged:
3.2.1. to observe the terms and conditions hereof without any restrictions;
3.2.2. not to exceed limits of use of the Application and the Additional Functionality of the Service established herein;
3.2.3. not to violate otherwise intellectual property rights of VK concerning the Application/Website or any of its elements, in particular, the User shall have no right to copy, transmit, send out, publish, or otherwise distribute or reproduce the materials (text, graphic, audio-video materials) placed by VK within the the Application/Website without the written consent of the VK;
3.2.4. to independently undertake the appropriate measures ensuring safety of his/her account and preventing unauthorized access to them by the third parties (in particular, at possible use of the User's personal device by the third parties)
3.2.5. to follow all terms of this Agreement and instructions and orders of VK. In case of non-performance by the User of such instructions VK shall have the right to suspend, limit, stop granting to the User of the rights of use of the Service or its separate functions, including the Additional Functionality of the Service
3.2.6. at the request of VK in connection with the conclusion and performance hereof to confirm the registration data including surname, name, middle name, other data (if applicable);
3.2.8. to be fully liable for all information, data, text, programs, music, sounds, photos, graphics, videos, messages and other materials (the “Materials”) published and/or transferred via VK’s Software. This means that the User shall be fully liable for all Materials that the User uploads, sends, receives, transmits, or otherwise makes available via VK’s Software. VK shall not control the Materials transmitted via VK’s Software, and therefore, VK shall not guarantee the accuracy, completeness or quality of these Materials.
3.2.9. not to upload, transfer or publish Materials on VK’s Software if the User does not have rights or permission from the respective copyright holder for the placement of such Materials. In case of complaints from third parties associated with the placement of Materials by the User, the User shall settle such complaints on his/her own and at his/her own cost.
3.2.10. on Android and iOS platforms include features are used that allow searching and arranging photos using such characteristics as features of a person or object image (for example, grouping of similar images of people, places and features of images). VK uses machine algorithms to find and determine the similarity of images of people and objects in photos and does not guarantee the accuracy of the similarity determination. When User uses these features, VK acts solely for the purpose of providing them, and does not use the data for any other purpose. These features are enabled by default. The User may refuse to use the searching for similar images of a person ("face searching") in the system settings of the personal device.
3.2.11. to bear responsibility for illegal actions that are carried out with the use of his/her account.
3.2.12. to observe other requirements and to fulfill other obligations provided hereby.
4. Automatic Update of the Software
4.1. In order to improve the Software, LLC VK reserves the right to introduce automatic updates and modifications into the Software so long as the User's personal device is connected to the Internet, without the User needing to install the said updates and modifications manually. In order to ensure efficiency of the said updates and modifications and to enable the User to continue using the Software, the User hereby expresses consent to the introduction of such updates and modifications.
4.2. This EULA also applies to any automatic updates (additions, modifications) of the Software made by LLC VK by means of the Internet global network. All updates constitute an integral part of the Software and the rules of this EULA shall apply to such updates.
5. Users' Authorization. Use of Data
5.1. The User must be authorized to use the Software using one of the accounts envisaged in the Software interface. All actions performed via the User's account are deemed to be performed by the User. The User is obliged to ensure the security of his/her account and confidentiality of his/her data authorization.
5.2. The User hereby agrees that LLC VK may collect, store for an indefinite term and otherwise process anonymous information on use by the User of the Software, information on hardware and software installed on the User's personal device, and any other anonymous technical and statistical information, which the LLC VK needs in order to identify and eliminate problems with operation of the Software, to improve the Software, and for marketing purposes. Thereby, the User hereby agrees that LLC VK has the right to download software program files to User's device system, that will record CPU, RAM, operating system, video card, sound card and any other anonymous technical and statistical information from User's device.
6. WARRANTY DISCLAIMER
TO THE MAXIM EXTENT ALLOWED BY APPLICABLE LAW LLC VK EXPRESSLY WAIVES ANY WARRANTIES, DIRECT OR INDIRECT, TOWARDS THE USER REGARDING THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT WARRANTIES TOWARDS QUALITY, SUITABILITY FOR SPECIFIC PURPOSES AND OBSERVATION OF RIGHTS. THE SOFTWARE SHALL BE PROVIDED "AS IS" WITHOUT FURTHER WARRANTIES OF ANY NATURE. THE USER SHALL ASSUME ALL RISKS RELATED TO ANY DAMAGE AND LOSSES ARISING FROM USE OR IMPOSSIBILITY OF USING THE SOFTWARE. LLC VK DOES NOT GUARANTEE THAT THE SOFTWARE MEETS THE USER'S REQUIREMENTS AND THAT SOFTWARE OPERATION WILL BE UNFAILING AND ERROR-FREE.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW NEITHER LLC VK NOR ITS LICENSORS, PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING BUT NOT LIMITED TO IT, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH THE USER'S OPERATION OF THE SOFTWARE AND OF OTHER MATERIALS PROVIDED TO THE USER BY LLC VK.
LLC VK SHALL NOT BEAR LIABILITY FOR INABILITY TO INSTALL OR LAUNCH THE SOFTWARE ON THE USER'S PERSONAL DEVICE AND ALSO FOR POSSIBLE ERRORS AND FAILURES IN THE SOFTWARE OPERATION. THE USER MUST CONNECT TO THE INTERNET IN ORDER TO USE THE SOFTWARE. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY THE USER. LLC VK SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER'S DEVICE.
8. Applicable Law. Jurisdiction
This EULA shall be governed by the laws of the Russian Federation. All disputes arising in connection with this EULA should be resolved by the Parties without recourse to a court and, in case the Parties fail to come to agreement without recourse to a court, disputes shall be resolved by a court of relevant jurisdiction in the LLC VK.'s location unless otherwise provided by applicable law.
9.1. This EULA remains valid until one of the Parties unilaterally repudiates fulfillment of the terms and conditions hereof. The User may terminate this EULA at any time by deleting the Software from his/her personal device. LLC VK may terminate the EULA by notifying the User of termination via any means available to the LLC VK; in this case the User is obliged to immediately delete the Software from his/her personal device.
9.2. LLC VK may modify functions and informational contents of the Software at any time at its own discretion without additional notice to the User.
9.3. LLC VK may at its own discretion at any time assign and/or delegate its rights and obligations under this EULA or any part of them to any third party without notice to the User. The Rights of each User are personal and are not subject to assignment.
9.4. In case of termination of this EULA, Sections 4, 5, 6, 7 and 8.4. shall remain in force.
9.5. This EULA, unless otherwise stipulated within it, constitutes full agreement of the Parties regarding use of the Software by the User and substitutes any previous oral and written agreements or oral and written agreements that are simultaneous with the making of this EULA regarding the subject hereof that are united in this EULA.
9.6. If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
9.7. LLC VK reserves the right to revise the terms of the License by updating the EULA on the website located at https://help.mail.ru/legal/terms/cloud/eu-cloud/eula, or by notifying the Users by email. The revised EULA comes into force on the date on which it is published. Users are advised to check the website periodically for notices concerning such revisions. Your continued use of the Software shall be deemed to constitute acceptance of any revised terms.
On all issues related to this EULA, please use the e-mail address firstname.lastname@example.org.
Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.
Version 3.0 as of June 06, 2022