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Balletory Terms

Welcome to the Baletory site (balletory.com) (herein after – the Site), a web resource for personal ballet recommendations and reviews.

The Site administration offers you the Site services on the conditions being the subject of these Baletory Terms of Service. In this connection, you should familiarize yourself carefully with the conditions of these Terms which the Site Administration regards as a public offer in accordance with Article 437 of the Russian Federation Civil Code.

  1. Status of the Baletory Terms of Service
    1. The User is obliged to be fully aware of these Terms before registering at the Site. The User’s registration at the Site means full and unconditional acceptance of these Terms by the User in accordance with Article 438 of the Russian Federation Civil Code.
    2. The Site Administration may make changes and/or additions to these Terms unilaterally without any special notification. These Terms are an open document accessible to the general public. The current version of the Terms is available on the Internet at http://balletory.com/terms. The Site Administration recommends that the Users check the conditions of these Terms regularly for changes and/or additions. The continuation of use of the Site by the User after changes and/or additions are made to these Terms will mean the User’s agreement with and acceptance of such changes and/or additions.
  2. Status of the Balletory site
    1. The Site Administration is the owner of all rights in the Site on the whole and all rights to use the web address (domain name) http://balletory.com. The Site Administration makes the Site available to all persons concerned in accordance with these Terms and effective Russian legislation.
  3. Balletory Site Administration
    1. As regards the Site operation and development, the Administration abides by effective Russian legislation, these Terms and other special documents which were or may be developed and adopted by the Site Administration in order to regulate the provision of individual Site services to the Users.
    2. No provisions of these Terms grant the User the right to use the brand name, trademarks, domain name or other distinctive marks of the Site Administration. The right to use the brand name, trademarks, domain names and other distinctive marks of the Site Administration may be granted only as agreed in writing with the Site Administration.
  4. Registration at the Balletory Site and the User’s Status
    1. The User’s registration at the Site is free and voluntary and takes place at balletory.com.
    2. The Site User is the individual which is registered at the Site according to the procedure set by these Terms (hereinbefore and hereinafter the User).
    3. The User may use a nickname to be identified as the author of a recommendation. The User may not use a nickname made up of words and names, the use of which is prohibited by these Terms, applicable Russian laws and international legal acts including, without limitation, explicit language, registered trade marks, brand names and business names, unless the User holds exclusive rights for these, and any words and word combinations, which may may be confusing to other Users as to this User's status on the Site. If this term is breached the Administration may replace the nickname assigned to this User at its own discretion.
    4. The e-mail (herein after – the Login) and password chosen by the User are the necessary and sufficient information for the User’s access to the Site. The User does not have the right to transfer his/her login and password to third parties and bears full responsibility for their confidentiality, choosing himself / herself the method of their storage.
    5. Unless the User proves otherwise, any actions taken with the use of his/her login and password are deemed to have been taken by the User.
    6. Upon registration, the User may independently create, use and determine the contents of his/her own recommendations created on the Balletory site and available to other Users.
    7. The User realizes that the Site Administration does not participate in generating or using the contents or controlling other Users' access to User recommendations, unless otherwise specified by these Terms and applicable Russian laws. By posting information on the Site, the User realizes and agrees that the said information may be accessed by other Internet users due to the specifics of the Site architecture and functionality.
  5. User's Personal Data
    1. When processing User's Personal Data, the Site Administration shall take all organizational and technical measures to protect User's Personal Data from illegitimate or accidental access, deletion, modification, blocking, copying, distribution and other illegal acts of third parties. It is possible, however, that User's Personal Data may become publicly available due to a Site failure, a virus or hacker attack, technical failures, and other events. The User realizes and agrees that it will make no claims on the Site Administration in this respect.
    2. The Site Administration processes User's Personal Data to enable User access to Site functions.
    3. The User shall not post any third-party personal information on the Site or use other Users' personal information, which in any way does not conform to Russian laws for illegal or illicit purposes, profit-making or for other purposes, for which the Site is not intended.
    4. When processing User’s Personal Data, the Site Administration shall follow the Russian Federal Law «On Personal Data».
  6. Obligations of the Balletory User
    1. When using the Site Services the User is obliged:
      • to comply with the provisions of effective Russian legislation, these Terms and other special documents of the Site Administration;
      • to inform the Site Administration of unauthorized access to the personal page and/or unauthorized access to and/or use of the User’s password and Login;
      • not to provide other users with access to his/her own personal page or individual pieces of information on it, if it can involve breach of the Russian legislation and/or these Terms, special documents of the Site Administration;
      • not to post on Site’s pages such information and objects which may infringe the rights and interests of other persons.
    2. When using the Site the User is prohibited from:
      1. loading, storing, publishing, disseminating, making available or otherwise using any information which:
        • (a) contains threats, discredits, insults, defiles honor, dignity or business reputation or violates the privacy of other Users or third parties;
        • (b) is vulgar or obscene;
        • (c) contains scenes of inhumane treatment of animals;
        • (d) propagandizes criminal activity;
        • (e) contains pornographic images;
        • (f) or infringes other rights and interests of individuals and legal entities or requirements of Russian legislation.
      2. illegally loading, storing, publishing, distributing, making available or otherwise using the intellectual property of other Users and third parties;
      3. using software and taking actions aimed at disrupting the normal operation of the Site and its services;
      4. using automated scripts (programs) for collecting information on the Site and/or interacting with the Site and its services without specific permission of the Site Administration and its services;
      5. attempting to get access to another User’s Login and passwords by any means including, without limitation, by means of fraud, abuse of confidence, cracking;
      6. accessing (attempting to access) any Services otherwise than via the interface provided by the Site Administration, unless such actions are expressly permitted for the User in accordance with a separate agreement with the Site Administration;
      7. posting any other information which in the personal opinion of the Site Administration is undesirable, does not meet the Site purposes, infringes on the Users’ rights or is otherwise undesirable for posting on the Site.
    3. The User bears personal responsibility for any information he/she posts on the Site or communicates to other Users as well as for any contacts with other Users on his/her own risk.
    4. In case the User disagrees with these Terms or their updates, the User must give up using the Site.
  7. Intellectual Rights
    1. Exclusive rights in the Site Content.
      1. All objects placed on the Site, including design elements, text, graphic images, illustrations, videos, scripts, software, music, sounds and other objects and their collections (hereinafter the Content) are subject to exclusive rights of the Site Administration.
      2. By posting on the Site his/her lawfully owned Content, the User grants the other Users a non-exclusive right to use it in the framework of the functional provided by the Site.
      3. The User grants to the Site Administration a non-exclusive right to use on a free of charge basis the Content published on the Site and which lawfully belongs to him/her, so that the Administration of the Site may maintain the operation of the Site in the amount established by its architecture and functionality, and to use this Content for the Site Administration promotional content, including images of the Site interface, including without limitation making this promotional content public. The said non-exclusive right is granted for the period when the Content is placed on the Site and extends to the territory of the countries all over the world. The end of the period when the Content is placed on the Site and / or the end of the non-exclusive right duration do not carry a necessity of deletion by the Site Administration of this promotional content with the said Content (including its removal from the Internet). The Site Administration has a right to transfer these rights described in this clause to the third-parties.
      4. Unless otherwise expressly provided in these Terms, nothing in these Terms may be considered as the grant of exclusive rights in the Content.
    2. Liability for the infringement of exclusive rights.
      1. The User bears personal liability for any Content or other information he/she uploads or otherwise makes publicly available (publishes) on or via the Site. The User does not have the right to upload, transfer or publish Content on the Site unless he/she has appropriate rights to do so, such rights being acquired by or transferred to him/her in accordance with Russian legislation.
      2. The Site Administration has the right but is not obliged to check the Site for prohibited Content and can delete or remove (without giving advance notice) any Content or Users at its own discretion for any reason or without reason, including, without limitation, removal or deletion of the Content which, in the personal opinion of the Site Administration, infringes these Terms, Russian legislation and/or may infringe the rights of, cause damage to, or threaten the security of other Users or third parties.
  8. Balletory Operation and Liability Regarding Use of the Site
    1. Users are liable for their own actions in connection with creating and posting information on the Site. The Site Administration will not check and has no technical or physical capability to check all the information the User posts on the Site to see whether or not it complies with Russian legislative requirements and these Terms, since such a check will interfere with Site operation.
    2. The Site Administration reserves the right to change at any time the Site design, content, list of services, modify or supplement scripts, software and other objects used or stored on the Site, any server applications at any time with or without advance notice.
    3. The Site Administration does not carry out preliminary moderation or censorship of the Users’ information and takes actions to protect the rights and interests of persons and ensure compliance with the requirements of Russian legislation only after the person concerned applies duly to the Site Administration.
    4. The Site Administration provides the technical capability for Users to use the Site and does not participate in generating User recommendations and does not control or is liable for acts and omissions of any persons with regards to using the Site or generating and using the contents of User pages on the Site.
    5. The Site Administration does not bear liability for the User’s breach of these Terms and reserves the right, at its own discretion as well as upon receipt of information from other Users or third parties on the User’s breach of these Terms, to modify (moderate), block or remove any information published by the User in breach of the prohibitions set by these Terms, suspend, limit or terminate the User’s access to all or any sections or services of the Site at any time for any reason or without explaining the reason, with or without advance notice. The Site Administration reserves the right to remove the User’s personal page and/or suspend, limit or terminate the User’s access to any of the Site services, if the Site Administration believes that the User poses a threat to the Site and/or its Users. The Site Administration implements the measures described above in accordance with applicable law and does not bear liability for any negative consequences of such measures for the User or third parties.
    6. The Site Administration strives to ensure proper functioning of the Site 24/7, however, the Site Administration is not liable for any possible malfunctioning of the Site for any reason whatsoever. The Site Administration is not liable for temporary malfunctioning or breaks in Site operation and data loss caused by these.
    7. The Site Administration has the right to dispose of the statistical information relating to the Site operation as well as of the Users’ information to ensure the targeted display of advertising information to different audiences of Site users. For the purposes of operation and technical support of the Site and compliance with these Terms the Site Administration has the technical ability to access the Users’ personal pages but does it only in the cases specified herein.
    8. The Site Administration has the right to send information on the development of the Site and its services to the User as well as to advertise its own activity and services.
    9. The Site and its services, including all scripts, applications, content and the Site design are made available on the “as is” basis. The Site Administration disclaims all warranties that the site or its services may be suitable or unsuitable for any specific purposes of use. The Site Administration cannot guarantee and does not promise any specific results of use of the Site and/or its services.
    10. Under no circumstances the Site Administration or its representatives bear liability to the user or any third parties for any indirect, accidental, unintentional damage, including lost profit or lost data, damage to the honor, dignity or business reputation in connection with the use of the Site, its content or other materials which became available to the user or other persons through the Site, even if the Site administration has warned of, or indicated to the possibility of such damage.
  9. Closing provisions
    1. These Terms are governed and construed in accordance with Russian legislation. Those issues which are not settled by these Terms are subject to Russian legislation.
    2. These Terms become binding upon the User from the time of his/her accession and are valid during an indefinite period.
    3. These Terms are made in Russian and may be provided to the User for familiarization in another language. In case of discrepancies between the Russian and the foreign language versions of the Terms, the Russian language version will prevail.
    4. In the event that one or more provisions hereof become invalid or unenforceable for any reason, this will not affect the validity or applicability of the remaining provisions.
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