Please read this End User License Agreement for the Colonists website carefully before using this website. By accessing this website, you accept the terms of this License Agreement.
1.1. This End User License Agreement (hereinafter referred to as the "Agreement") regulates the relationship between the "Colonists" website (hereinafter referred to as the "Licensor"), and an individual who has the necessary legal capacity to enter into this Agreement and has duly accepted this Agreement to use the Colonists service, located on the website on the Internet at: https://colonists.ru (hereinafter referred to as the "Licensee").
1.2. The "Colonists" service, located on the website on the Internet at: https://colonists.ru (hereinafter referred to as the "Service") is a web application for tracking piecework wages, which is a computer program, representing a set of data, commands and visual displays generated by it (hereinafter referred to as "Program Elements"), activated sequentially for the Licensee to obtain a certain result provided by the logic of the Service.
The Licensee reproduces a predetermined set of Program Elements defined by the Licensor on their computer (hereinafter referred to as the "Service Client"), while a set of other Program Elements are hosted by the Licensor on the servers used by them.
The Service Client, distributed on the Internet, is provided to the Licensee free of charge.
1.3. This Agreement is an open and publicly accessible document. The current version of the Agreement is located on the website on the Internet at: https://colonists.ru/licence.php.
The terms of this Agreement constitute a public offer in accordance with Article 437 of the Civil Code of the Russian Federation.
1.4. Registration of the Licensee in the Service is carried out by automatically issuing the Licensee a login and password to create an account (hereinafter referred to as the "Profile") and is an acceptance and confirmation of the Licensee's unconditional agreement with the terms of this Agreement; actual use of the Service by the Licensee is also an acceptance of this Agreement.
The Licensee may supplement the profile with personal information.
Ignorance or non-acquaintance with the terms of the Agreement does not exempt the Licensee from liability for non-compliance with its terms.
1.5. By accepting the terms of this Agreement, the Licensee confirms their consent to the processing by the Licensor of their personal and other data provided by the Licensee to the Licensor or necessary for using the Service.
By accepting the terms of this Agreement, the Licensee confirms their consent to provide the Licensor with the right to transfer the Licensee's personal data and other information to third parties for the purpose of fulfilling this Agreement and the Licensee's use of the Service, as well as resolving claims related to the fulfillment of this Agreement and the Licensee's use of the Service.
1.6. By agreeing to the terms of this Agreement, the Licensee confirms their legal capacity (or, in cases permitted by the legislation of the Russian Federation, the fact that the Licensee has permission from legal representatives to enter into this Agreement), confirms the accuracy of their personal and other data provided to the Licensor during Profile registration and use of the Service, and assumes full responsibility for their accuracy, completeness and reliability.
The Licensee assumes all possible risks associated with their actions leading to errors or inaccuracies in the data provided.
2.1. Under this Agreement, the Licensor grants the Licensee the rights to use the Service on the terms of a simple non-exclusive license within the limits defined by this Agreement, and exclusively for personal non-commercial use.
2.2. The Licensee obtains the right to use the Program Elements on the terms of this Agreement.
3.1. All intellectual property rights related to the Service and all its parts and copies (including any names, computer code, artwork, objects, methods of operation and related documentation) belong to the Licensor.
3.2. The Licensor reserves the right to change or remove the aforementioned components of intellectual property without notifying the Licensee.
4.1. The Licensee has the right to:
4.1.1. create no more than one profile;
4.1.2. perform actions provided by the logic of the Service and its technical capabilities: create tasks, invite workers, mark completed tasks, view reports, exchange messages with other Service users.
4.2. The Licensee has no right to:
4.2.1. use and distribute outside the Service for commercial purposes audiovisual displays and other elements present in the Service, as well as copy, broadcast, distribute, publish, and otherwise distribute and reproduce for commercial purposes materials contained in the Service;
4.2.2. transfer the rights to use the Service to third parties under a sublicense agreement or in any other way;
4.2.3. use automated scripts to collect information or other types of interaction with Service objects;
4.2.4. subject the Service to reverse engineering, extract source code, modify the Service, translate the Service into other languages, or create derivative products based on the Service;
4.2.5. remove inscriptions or signs indicating ownership rights to the Service;
4.2.6. create or maintain unauthorized connections to Service servers, as well as intercept, emulate or redirect communication protocols used by the Licensor as part of the Service, in any way;
4.2.7. organize, assist or participate in any attacks on the Licensor's servers, as well as make other attempts to disrupt their operation;
4.2.8. use another person's Profile, as well as change data in another person's Profile;
4.2.9. use any internal errors and software errors in the Service;
4.2.10. use the Service in ways not expressly provided for by this Agreement.
4.3. The Licensee has the right to use the Service throughout the territory of the Russian Federation, as well as other territories where it is available as part of normal usage process.
4.4. The Service and its parts are the intellectual property of the Licensor and are protected by the intellectual property legislation of the Russian Federation, as well as relevant international legal conventions.
Any use of the Service or its parts without the permission of the Licensor is illegal and may be the cause for litigation and bringing violators to civil, administrative or criminal liability in accordance with the legislation of the Russian Federation.
5.1. The Licensee undertakes to duly comply with the terms of this Agreement and the current legislation of the Russian Federation, as well as the rights and legitimate interests of the Licensor.
5.2. The Licensee undertakes not to use the Service or its parts for any purposes other than those related to personal non-commercial use.
5.3. The Licensee must refrain from actions aimed at destabilizing the operation of the Service, attempting unauthorized access to the Service, its parts and code, as well as from any other actions that violate the rights of the Licensor or third parties.
5.4. The Licensee undertakes not to attempt to disable or otherwise interfere with any technical means of protecting the Service.
5.5. The Licensee undertakes not to attempt to change or modify any part of the Service.
5.6. The Licensee undertakes not to mislead other Service users and third parties.
5.7. The Licensee undertakes not to make transactions or offer to make transactions with other Service users regarding any goods, works, services or results of intellectual activity without written agreement with the Licensor.
5.8. The Licensee undertakes not to use the Service in violation of the rights and legitimate interests of third parties and the legislation of the Russian Federation, including:
5.8.1. not to post through the Service materials containing insults, slander, profanity, pornographic or other materials contrary to moral standards, materials demonstrating or promoting cruelty, terror or violence, offending human dignity, as well as other materials that do not comply with the legislation of the Russian Federation or links to Internet sites and other resources containing such materials;
5.8.2. not to post through the Service any information and materials that contain threats, discredit or insult other Service users or third parties, are fraudulent in nature, infringe on personal or public interests, promote racial, religious, ethnic hatred or enmity, as well as any other information that violates human and civil rights protected by the legislation of the Russian Federation;
5.8.3. not to carry out through the Service propaganda or agitation that incites social, racial, national or religious hatred and enmity, hatred towards persons of non-standard sexual orientation, propaganda of war, social, racial, national, religious or linguistic superiority;
5.8.4. not to describe or promote criminal activity, post instructions or guides for committing criminal acts;
5.8.5. not to post or transmit through the Service any restricted information (confidential information), unless the Licensee is authorized to perform such actions;
5.8.6. not to distribute through the Service spam, chain messages (messages requiring their transmission to one or more users), financial pyramid schemes or calls to participate in them, as well as any other intrusive information;
5.8.7. not to post through the Service messages, graphic images, photographs or other materials, the posting of which causes or may cause damage to the honor, dignity and business reputation of any individual or legal entity;
5.8.8. not to post or collect through the Service personal data, including home addresses, telephone numbers, email addresses, passport data and other personal information of other Service users or other persons without their prior consent;
5.8.9. not to post through the Service results of intellectual activity, the rights to use which in this way are not possessed by the Licensee.
5.9. The Licensee is responsible for actions in connection with the creation and posting of messages when using the Service in accordance with the current legislation of the Russian Federation.
The Licensee is responsible for the content of their messages in the Service.
5.10. The Licensee undertakes to take appropriate measures to ensure the security of their Profile password and bears personal responsibility for its security and confidentiality.
The Licensee is responsible for all actions performed under their Profile.
The Licensee must immediately notify the Licensor of any cases of third-party access to the Licensee's Profile.
The Licensee has no right to transfer, assign, sell, or provide the Profile password to third parties without the written consent of the Licensor.
The Licensee bears full responsibility for any actions performed using their Profile, as well as for any consequences that such use could entail or has entailed.
5.11. When registering in the Service, the Licensee undertakes to provide accurate, correct, reliable and current information about themselves.
In case of changes to the data provided during registration in the Service, the Licensee undertakes to inform the Licensor about this as soon as possible.
5.12. The Licensee undertakes not to use the Service in ways not provided for by this Agreement.
6.1. The Licensor undertakes to provide the Licensee with the opportunity to use the rights to the Service provided in accordance with this Agreement.
6.2. The Licensor has the right at any time unilaterally and without prior notice to the Licensee to restrict, expand or change the content of the Service, as well as suspend the Service.
6.3. The Licensor has the right to establish any restrictions on the Licensee's use of the Service.
6.4. The Licensor reserves the right to refuse the Licensee the provision of rights to use the Service without explanation, as well as at any time to suspend, limit or terminate this Agreement unilaterally.
6.5. The Licensor has the right to immediately block the Licensee's ability to use the granted rights to the Service in case of violation by the Licensee of the terms of this Agreement or if the Licensor considers the Licensee's actions fraudulent or aimed at damaging the Service, undermining the reputation or brand of the Licensor.
6.6. The Licensor will make every effort to ensure that the Licensee can use the granted rights to the Service around the clock and daily.
However, the Licensor reserves the right to temporarily suspend the ability to use the Service for maintenance, testing or other production work.
6.7. The Licensor has the right to send by any means organizational and technical information, information about the functioning of the Service, as well as place advertising, informational and other messages within the Service, and the Licensee, by accepting the terms of this Agreement, confirms their consent to this.
The Licensor has the right to place advertising and/or other information in any section of the Service, to which the Licensee gives consent in this Agreement.
6.8. The Licensor does not engage in preliminary moderation or censorship of the Licensee's messages.
At the same time, the Licensor has the right to edit or delete materials published by the Licensee if they do not comply with the requirements of the current legislation of the Russian Federation and the terms of this Agreement, cause harm to the Licensor or third parties.
6.9. The Licensor has the right to process the Licensee's personal data and transfer it to third parties for the purpose of fulfilling this Agreement and resolving claims related to the fulfillment of this Agreement.
6.10. The Licensor has the right to transfer rights and obligations under this Agreement to third parties for the purpose of fulfilling this Agreement without additional consent of the Licensee.
7.1. The Service and the rights to use it are transferred "as is".
7.2. Third parties may be involved by the Licensor to fulfill this Agreement.
The Licensee confirms that the specified third parties are granted the same rights as the Licensor, including in relation to the Licensee's personal data.
7.3. The Licensee guarantees that they will not take any actions aimed at causing damage to the Licensor or other persons.
7.4. In case of violation of the rules for using the Service specified in this Agreement, as well as in case of violation of clause 7.3. of this Agreement, the Licensee undertakes to compensate the Licensor for the harm caused by such actions.
In case of claims by third parties against the Licensor related to the Licensee's use of the Service, the Licensee undertakes to settle these claims with third parties on their own and at their own expense, protecting the Licensor from possible losses and proceedings.
7.5. Recognizing the international nature of the global Internet network, the Licensee assumes responsibility for compliance with all local rules and laws relating to the Licensee's actions on the global Internet network.
7.6. The Licensor is not responsible for negative consequences and losses arising from events and circumstances beyond its competence, as well as for possible illegal actions of the Licensee or third parties.
The Licensor is not responsible in case of impossibility of fulfilling obligations due to inaccuracy, insufficiency or untimeliness of information and documents provided by the Licensee, or violation by the Licensee of the terms of this Agreement or requirements for information and documents provided.
7.7. The Licensee understands and agrees that the Licensor is not responsible to them for any materials not posted by the Licensor, including but not limited to: texts and any other information posted by third parties.
7.8. The Licensor is not responsible for any damage to the Licensee's or another person's computer, any other equipment or software, caused by or related to the use of the Service.
7.9. Under no circumstances shall the Licensor be liable to the Licensee or any third parties for any indirect damage, including lost profits or lost data, harm to honor, dignity or business reputation, caused by the use of the Service.
7.10. The Licensor is not responsible to the Licensee or any third parties for:
7.10.1. the Licensee's actions in the Service;
7.10.2. the content and legality, reliability of information used/received by the Licensee in the Service;
7.10.3. the quality of goods/works/services purchased by the Licensee after viewing advertising messages (banners, videos, etc.) posted in the Service, and their possible non-compliance with generally accepted standards or expectations of the Licensee;
7.10.4. the consequences of applying information used/received by the Licensee in the Service;
7.10.5. the impossibility of using the Service or any of its parts due to the Licensee's lack of access to the global Internet network;
7.11. The Licensor does not guarantee that:
7.11.1. the Service will meet the Licensee's expectations;
7.11.2. the use of the Service will proceed continuously, quickly, without technical failures and errors;
7.11.3. the Service will be available and can be used around the clock, at any particular time or during any period of time.
7.12. The Licensor is not obliged to provide the Licensee with any evidence, documents, etc., indicating a violation by the Licensee of the terms of the Agreement, as a result of which this Agreement was suspended or terminated.
8.1. The Service is designed to interact only with official, licensed and unmodified software.
8.2. The Licensee acknowledges and agrees that the Licensor does not provide communication services to the Licensee and is not responsible for malfunctions on equipment and communication networks owned by third parties and used to provide communication services to the Licensee.
8.3. The Licensee acknowledges and agrees that the speed of access to the Service on the global Internet network may change due to the load on the Licensee's channel with traffic from other resources or for other reasons beyond the Licensor's control.
The Licensor is not responsible for the fact that at a specific time, in a specific place, the Licensee could not use the Service or its parts due to low access speed.
9.1. The Service may contain links or provide access to other websites on the global Internet network (third-party websites) and content posted on these websites, which is the result of the intellectual activity of third parties.
These websites and the content posted on them are not checked by the Licensor for compliance with the requirements of the legislation of the Russian Federation, as well as the laws of other countries.
9.2. The Licensor is not responsible for any information or content posted on third-party websites to which the Licensee gains access, including any opinions or statements expressed on third-party websites.
9.3. The Licensee confirms that from the moment the Licensee follows a link to a third-party website, the relationship between the Licensor and the Licensee ceases, this Agreement no longer applies to the Licensee, and the Licensor is not responsible for the reliability of information posted on third-party websites, the Licensee's use of content, the legality of such use and the quality of content posted on third-party websites.
10.1. This Agreement comes into force from the moment of its acceptance by the Licensee and is valid for 1 (one) calendar year.
The term of this Agreement is automatically extended each time for another 1 (one) calendar year, unless it has been terminated or terminated before the expiration of its term.
10.2. TheLicensor has the right at any time without prior notice to the Licensee and without explanation to terminate this Agreement without compensation for any losses, unless otherwise expressly provided by the applicable legislation of the Russian Federation.
The Licensor reserves the right at its own discretion, as well as upon receiving information from any third parties about the Licensee's violation of the rules and conditions set forth in this Agreement, or the rights and interests of third parties, to suspend, limit or terminate (temporarily or permanently) the rights granted to the Licensee to use the Service at any time for any reason or without explanation, with or without prior notice, without being liable for any harm that may be caused to the Licensee by such action.
10.3. In case of termination of the Agreement for any reason, the Licensee's Profile is blocked, and the granted license to use the Service and all its parts is revoked.
10.4. The Licensee may terminate the Agreement at any time.
11.1. The Licensor may at any time at its own discretion modify and supplement this Agreement.
The Licensor notifies the Licensee of changes and additions to the Agreement by any available means, including but not limited to: publication on the website on the Internet at: https://colonists.ru/licence.php, posting an informational message within the Service.
Continued use of the Service after making changes or additions to this Agreement means the Licensee's agreement with such changes or additions, and therefore the Licensee undertakes to regularly and independently monitor changes to the Agreement posted on the website on the Internet at: https://colonists.ru/licence.php.
12.1. This Agreement is drawn up in accordance with the legislation of the Russian Federation.
Issues not regulated by this Agreement are subject to resolution in accordance with the legislation of the Russian Federation.
12.2. In case of any disputes or disagreements related to the fulfillment of this Agreement, the Licensor and the Licensee will make every effort to resolve them through negotiations between them.
If disputes are not resolved through negotiations, disputes are subject to resolution in a court of general jurisdiction at the location of the Licensor, unless otherwise provided by the current legislation of the Russian Federation.
12.3. If any provision of this Agreement is declared invalid by a court or other legal body, the remainder of the Agreement remains in full legal force and effect.
12.4. This Agreement supersedes all previously concluded oral or written agreements between the Licensor and the Licensee.
12.5. Appeals, suggestions and claims of individuals and legal entities to the Licensor related to the content and functioning of the Service, violations of the rights and interests of third parties, requirements of the legislation of the Russian Federation, as well as requests from persons authorized by the legislation of the Russian Federation may be sent to the email address: info@colonists.ru.