Terms of Use
1. TERMS AND DEFINITIONS
Unless otherwise expressly provided in this User Agreement text, the following terms used in the User Agreement text, regardless of whether they are written with uppercase or lowercase letters, have the meanings defined in this Section 1:
1.1 http://russpain.com/ – an informational internet service located on the Internet at the address http://russpain.com/ (including all site subdomains), containing information about Companies.
1.2 Site – an internet website hosted at the network address http://russpain.com/ (including any subdomain of this address), representing an organized collection of interconnected software programs, texts, graphic images, photos, video materials, including educational materials, other objects of intellectual property rights.
1.3 Company Profile – content contained on the pages of Companies located on the service http://russpain.com/ (name, description, photos, phone number, website link, working hours, addresses and contact means, additional information, etc.). The company profile is formed on the basis of publicly available information from open sources and is not a commercial secret of the Companies.
1.4 Companies – means any legal or natural person whose information is posted in the information blocks of the Site http://russpain.com/.
1.5 Content – informational content of the service http://russpain.com/, consisting of photo, video, audio materials, illustrations, literary and other works, including articles and publications, reference information, and other intellectual property objects.
1.6 User – any person using the Site in any way, including but not limited to: viewing materials posted on the Site; using the Personal Account; ordering and receiving services, information about which is posted on the Site; forwarding an internet link to the Site to third parties; performing other actions.
1.7 Services – for the purposes of this Agreement, services, works, and goods supplied by the Companies.
1.8 Administration – the copyright holder of the Site.
1.9 Personal Account – a user’s individual section on the Site protected by authentication parameters using Credentials, created for the User on the Site to access and use the Site functionality, as provided by this Agreement and other contracts concluded between the User and the Administration.
1.10 Credentials – data for entering the Personal Account, including login (User’s email address) and password.
1.11 Parties – the User and the Administration when mentioned jointly in the Agreement text.
2. Main Provisions
2.1 This User Agreement (hereinafter – Agreement) regulates the relations between the Individual Entrepreneur Evseev Yuri Sergeevich and the users (visitors) of the website http://russpain.com/ (hereinafter – Site), arising in connection with the use of the specified website.
2.2 Individual Entrepreneur Evseev Yuri Sergeevich (hereinafter – Administration) reserves the right to make changes to this Agreement, which come into force upon publication. The text of the current version of the Agreement is always available at: http://russpain.com/terms-of-use/. Continued use of http://russpain.com/ after changes to the Agreement means full and unconditional acceptance by the User.
2.3 The text of the Agreement, according to paragraph 2 of article 437 of the Civil Code of the Russian Federation, is a public offer. Any Internet user has the right to use the Site under the terms provided by the Agreement.
2.4 From the moment of starting to use the Site, You accept the terms of the Agreement (make acceptance of the offer), and the Agreement acquires legal force in the relations between You as User and the Individual Entrepreneur Evseev Yuri Sergeevich as the Site Administration.
2.5 In any case, by continuing to use the Site, You confirm that You have read the current version of the Agreement and accepted it unconditionally.
2.6 If You do not agree with the Agreement (any of its terms), please immediately close all pages of the Site and cease any use of the Site.
2.7 http://russpain.com/ is an informational service providing information about Companies (descriptions, services, prices, etc.). http://russpain.com/ is not a reference or informational system under the current legislation. All information presented on the site has exclusively a recommendatory character and may contain advertising or other materials intended to stimulate the User’s interest in the Services provided by the Companies.
2.8 The information on the site is not official and should not be considered as a public offer, offer, or any other form of expression of will of the Site Administration or third parties to provide Services under the conditions stated on the site.
2.9 The Site Administration is not responsible for updating information or discrepancies in prices, listing, or quality of Services.
2.10 The Site Administration reserves the right to change the terms of this Agreement without written notice to the User. The User is obliged to track any changes to this Agreement on this page.
2.11 If for any reason one or more provisions of this Agreement are declared invalid or without legal force, this does not affect the validity or applicability of the other provisions.
3. Use of the Service
3.1. The User has the right to use http://russpain.com/ “as is”, i.e., in the form presented on the website.
3.2. The Site Administration reserves the right to make changes (delete, modify, supplement, limit, charge fees, etc.) to specific functions of http://russpain.com/ or the entire service without any notice to the User about planned changes.
3.3. Certain functions of http://russpain.com/ are provided to Users exclusively after completing the registration process by creating a User account.
3.4. Any use of http://russpain.com/ that, in the opinion of the Site Administration, may cause damage to the service itself (software or hardware parts), as well as to the Site Administration or third parties, is prohibited.
3.5. The Site Administration has the right at any time to restrict the use of the http://russpain.com/ service without any prior notice to Users.
3.6. The Site Administration also has the right to restrict the use of the service or deny access to certain Users if their actions are deemed attempts to harm the http://russpain.com/ service, the Site Administration, other Users, or Companies.
3.7. By using the http://russpain.com/ service, the User agrees that the following are prohibited: use of obscene language; posting advertisements or other information aimed at attracting interest to third-party resources; posting reviews and recommendations about companies whose services the User has not used or employees (related persons) they are; misuse of the review and comment forms (e.g., trolling, posting advertisements); use of http://russpain.com/ Content without permission from the Administration; posting Content using frames or other technologies that allow the user to view Content via third-party sites; duplicating http://russpain.com/ Content; using technologies that block part of the Content or the system’s operation as a whole.
3.8. The Site Administration reserves the right to publish, delete, or edit User comments and/or reviews. User reviews may be edited or deleted if they contain direct advertising of other Services or Companies other than those mentioned in the corresponding Company Profile. Reviews unrelated to the company (such as training, teaching, or other school parameters) may also be edited or deleted. Reviews mentioning third parties or external links may also be deleted or edited.
3.9. If the User detects controversial, indecent, obscene, inaccurate, or false information, or detects temporary malfunctions of http://russpain.com/, the User has the right to report this to the Administration at the following address: [email protected]
4. Conditions for Forming the Rating
4.1 The Website provides for two types of Ratings. One rating is formed by Users. When leaving a review about a Company, a User assigns a score from 1 to 5. The arithmetic average of all scores for one Company constitutes the rating of that Company.
4.2 The second type of rating is called the General Rating http://russpain.com/. This rating is formed by the Website Administration based on its own analysis of Companies and is subjective. The Website Administration has the right to assign any rating it deems necessary and fair.
4.3. The User has the right to use the Rating to choose a Company.
5. Intellectual Property
5.1. Using the Content of http://russpain.com/ does not imply the transfer of intellectual property rights to the service itself http://russpain.com/ or to the intellectual property objects that constitute the content of the service or the means of individualization of goods and services.
5.2. Intellectual property objects and means of individualization of goods and services used in the creation of Company Profiles belong to their lawful owners.
5.3. The use on http://russpain.com/ of means of individualization of Companies is solely informational in nature and is aimed at informing Visitors to the site about the existence of Companies and the means of individualization they use; it is not intended for profit from such use.
5.4. The site Administration has the right to monitor and verify the information provided by the User for violations of intellectual rights. The User agrees that all information provided by them, including internal correspondence via the functions of http://russpain.com/, may be reviewed by the site Administration.
5.5. In case the User violates the rights and interests of third parties, the site Administration has the right to make recourse claims against the User, provided the site Administration has compensated for the consequences of such violation. This means that if any penalties are imposed on the site Administration due to the actions of the User, the site Administration will have the right to demand compensation for such penalties from the User.
6. Confidentiality and Personal Data
The user consents to the processing of their personal data in accordance with the procedures, deadlines, and conditions stipulated by the Personal Data Processing Policy
7. Liability
7.1. The Site Administration is not responsible for moral damages caused by the information contained on the site.
7.2. Users bear full legal responsibility for any actions they take, including posting information or intellectual property objects (in comments and/or reviews).
7.3. The User bears full legal responsibility for the use of their account, as well as for providing access to the account (login and password) to third parties, and agrees to take all necessary measures to prevent unauthorized access to their account.
7.4. The Site Administration is not responsible for any damage caused to the User by the use of the service http://russpain.com/, unless such damage constitutes an offense under applicable law and was not caused intentionally by the Site Administration.
7.5. The Site Administration is not responsible for the content of sites accessed by clicking links posted on http://russpain.com/. Accessing such links is at the User’s own risk.
7.6. The Site Administration is not responsible for the moral state of users when using the service http://russpain.com/, or for the quality or cost of Services of Companies whose information is posted on the site.
7.7. The Site Administration is not responsible if the use of http://russpain.com/ or access to any part of the service Content is illegal in the country where the User is a resident.
8. Dispute and Conflict Resolution
8.1. All conflicts and disputes arising from the use of the service http://russpain.com/ shall be resolved amicably through negotiations.
8.2. In case of conflicts between users, the Site Administration reserves the right to assess the situation guided by this Agreement and to take measures such as blocking or deleting the account of the User who violated this Agreement.
8.3. The Site Administration does not participate in any conflicts or disputes between Users and Companies whose information is posted on the http://russpain.com/ service site.
8.4. The Site Administration has the right to involve the User as a third party, witness, or other participant in case of conflicts or disputes.
8.5. All legal relations arising from the use of http://russpain.com/ shall be interpreted in accordance with the applicable laws, as well as commercial customs applied to such relations, based on principles of good faith, reasonableness, and fairness.
8.6. In case of violation by the User of the terms of this Agreement, the User shall reimburse the Site Administration for legal assistance expenses incurred in connection with such violation in full, based on contracts and invoices from lawyers and other providers of legal services.
8.7. In case of violation of the terms of this Agreement, the Site Administration has the right to apply the prescribed measures against the User regardless of the time elapsed since the violation.
GDPR compliance
RUSSPAIN.COM is a site operating in various markets worldwide, including clients who are EU residents. In particular, RUSSPAIN.COM provides access to its services to customers in such local language versions as: Ukrainian, Russian, Spanish, and English. The EU’s customer data protection policy, according to established standards, is embodied in the GDPR (General Data Protection Regulation).
GDPR is a system of standards and rules for the collection, processing, and deletion of customers’ personal data. According to the principles underlying the GDPR system, each customer authorizes the collection and processing of their personal information. In addition, companies are required to ensure transparent, clear, and defined options for their customers to manage this data. In this regulation, the GDPR developers identify two active personal data users—controller and processor of data. Moreover, the regulation sets forth what information is considered “personal data” and is subject to GDPR regulation. In the context of using the
RUSSPAIN.COM service, our clients’ personal data includes their account information—mandatory (email address as a service login) and additional (name, phone number, Skype name), and online identifiers for the web session (browser, geolocation, device type and operating system, IP address, cookies). Additionally, the service processes subscriber data, receiving their encrypted unique client identifier (regID) and other session data (browser type, IP address, geolocation, cookies, device type, and operating system). RUSSPAIN.COM collects personal data solely to ensure the smooth operation of the service, maintain timely and reliable communication with the client, and perform its functions in accordance with the services provided. RUSSPAIN.COM does not collect or store data that is unnecessary and does not participate in the provision of the service.
The data RUSSPAIN.COM receives is available exclusively to the client in their personal account (“Account settings”) and to service specialists (technical, financial specialists, and client managers) solely to enable them to carry out their duties to ensure the service’s operation. Thus, clients have the right to access the data they provide to the service, transfer it, edit, or delete it as appropriate. Data is collected provided the client grants permission during account registration (by accepting the RUSSPAIN.COM terms of use). When RUSSPAIN.COM updates its Terms of Use, the service notifies its clients and updates the information on the website, including the date of these changes.
Customer and subscriber personal information is stored according to the ‘lifetime’ principle—it is stored for the duration of the client’s account. The client may request to edit or delete personal data only from the email address that serves as the account identifier on the service.