Set out below is the full text of the offer agreement that applies to purchases made and balance top-ups carried out on our website.
In accordance with Article 435 of the Civil Code of the Russian Federation, this agreement constitutes an offer by Individual Entrepreneur (IP) Tungushbaev Roman Pavlovich, INN 610208767665, OGRNIP 325619600157402, to grant a licence to use software on the website https://memez.ru. Upon acceptance of the offer by the User, the User is deemed to have entered into a licence agreement with IP Tungushbaev R.P. on the terms set out in this document, in accordance with Article 1235 of the Civil Code of the Russian Federation.
Site – the website located on the Internet at https://memez.ru
User – a person who accesses the products and information published on the Site.
Personal Account – the restricted area of the Site available to the Customer after registration on the Site and authentication (entry of email and password), intended for actions within the functionality of the Site and access to technical support, as well as for entering (editing) the Customer's information displayed on the Customer's Personal page and for using other Site functions.
Software (Program) – the computer program MEMEZ.RU, an application that helps the user obtain additional capabilities.
Bank Card — a debit or credit card issued by the Issuing Bank, used as an instrument of non-cash settlement and intended for the Cardholder to carry out operations with funds held on the Cardholder's bank accounts at the Issuing Bank, or with funds extended by the Issuing Bank as credit to the Cardholder under the laws of the Russian Federation and the bank account agreement, or within an established limit under the credit agreement between the Issuing Bank and the Cardholder, provided that such debit or credit card may be used by the Cardholder to pay for the Provider's Services. Payment for the Provider's Services under this Agreement may be made with Bank Cards of the VISA International and MasterCard International payment systems registered in accordance with the laws of the Russian Federation. The availability of specific VISA International and MasterCard International card types is determined by the Issuing Bank.
The Service Provider grants the Customer a licence to use the Software (hereinafter, the "Software") on the terms of a simple (non-exclusive) licence in accordance with Article 1235 of the Civil Code of the Russian Federation. The licence is granted for the term specified at the time of purchase (30 days, 7 days or another period).
The licence is granted by delivering a licence key to the Customer, which activates the right to use the Software for the specified term. Activation of the key is deemed to be the moment when the right of use is transferred.
The Customer independently determines the parameters for using the Software by selecting the relevant settings in the Personal Account on the Site, within the limits set by the Software's functional capabilities. The Customer is identified within the Software by entering unique account credentials (a combination of email and password) on the authentication page at https://memez.ru. When using the Software, the Customer's unique account credentials (email and password) serve as the analogue of the Customer's handwritten signature; the Customer is solely responsible for keeping such credentials safe and inaccessible to persons not authorised to take any actions involving the Software.
Any materials, files and services contained on the Site may be reproduced in any form and by any means, in whole or in part, without prior written permission of the Service Provider, for non-commercial purposes. When the User reproduces materials of the Site, including protected works of authorship, a reference to the Site is mandatory, and the text of such reference must not contain false, misleading, derogatory or offensive information. Translation, adaptation (modification), any alteration of Site materials, and any other actions, including the removal or rendering inconspicuous of information and notices about copyright and rights holders, are not permitted.
Any use of Site materials from protected sections and subsections of the Site by way of reproduction, distribution, import of the original, etc., in any form and by any means, is prohibited.
Access to information located in protected sections of the Site is allowed only to registered Users who hold a password to enter such protected sections. The password may not be transferred to third parties, and the User bears full responsibility for any harm caused to the User, the Service Provider or third parties as a result of the User's intentional or unintentional disclosure of the password to a third party. The User is responsible for keeping the password confidential and for any use of the Site by means of the User's password.
Any computer programs that can be downloaded from the Site (hereinafter, the "Programs") are protected by copyright law as the intellectual property of the Service Provider, its partners or other third parties that have granted the Service Provider the relevant rights and permissions to use such Programs.
The Service Provider does not warrant that the software of the Site is free from errors and/or extraneous code fragments. The Service Provider grants the Customer the opportunity to use the Site's and Service's software without any warranties on the part of the Service Provider.
The Service Provider is not liable for losses caused to the Customer as a result of the User providing inaccurate information, nor for losses caused by the actions (or omissions) of the User. The Service Provider does not guarantee that information about Users is accurate or complete.
The Service Provider makes all reasonable efforts to ensure that the Site operates normally, but is not liable for non-performance or improper performance of obligations under the Agreement, nor for any losses arising from:
In addition, in connection with the use of computer and other equipment, communication channels and/or computer programs belonging to third parties, the Parties agree that the Service Provider under the Agreement is not liable for any delays, interruptions, direct or indirect damage or losses arising from defects in any electronic or mechanical equipment and/or computer programs, or from other objective technological causes, or from the acts or omissions of third parties, problems with data transmission or connection, or power outages that did not occur through the Service Provider's fault.
The rules, terms and restrictions for using the Programs and the related online services are governed by the licence agreements that the User accepts upon installation, launch and use of the Program and/or related online service. Breach of the licence agreement may result in civil, administrative and/or criminal liability for the User.
The User has no right to reproduce, distribute, modify or otherwise use the Program unless such use is provided for in the Program's licence agreement.
The current version of this Agreement is published on the Site on the Internet. The Service Provider may unilaterally amend the terms of this Agreement at any time. Such amendments take effect two (2) days after the new version of the Agreement is posted on the Site. If the User does not agree to the amendments, the User must delete all Site materials in the User's possession, except for Programs in which the User legitimately holds rights of use, and then cease using the Site's materials and services. Your use of any functional capabilities, tools or services of the Site constitutes full and unconditional acceptance by you of the amended Agreement, and you are therefore required to review this Agreement and any additional terms or notices posted on the Site on a regular basis.
If the User is a participant in the Service Provider's affiliate programme and the parties have entered into the relevant agreement, the provisions of that agreement concerning use of the Site prevail over the terms of this Agreement.
The User undertakes not to take any actions that may be regarded as violating Russian law or the rules of international law, including in the area of intellectual property, copyright and/or related rights, nor any actions that result or may result in disruption of the normal operation of the Site and its services.
Any means of individualisation, including trademarks and service marks, as well as logos and emblems contained on the pages of the Site, are the intellectual property of their respective rights holders. The User of the Site is prohibited from reproducing or otherwise using such means of individualisation and/or their elements without prior written permission of the relevant rights holders.
The User is solely responsible for any information and materials posted by the User on the Site. The Service Provider does not initiate the posting of such information, does not select the recipients of the information, does not influence the content or integrity of the posted information, and at the moment of posting by the User does not know and cannot know whether such posting violates current laws of the Russian Federation; however, the Service Provider has the right to monitor, review and/or delete any information and materials posted by the User on the Site.
By posting any information and materials, the User does not become a co-author of the Site and waives any claims to such authorship in the future. The Service Provider does not pay the User any author's fee or other remuneration, either during the term of this Agreement or after its expiry.
The Service Provider strives to ensure the accuracy of information posted on the Site but is not liable for any inaccuracies and/or unreliability of information, nor for failures of services provided through the Site. The User agrees that the Service Provider bears no liability and has no direct or indirect obligations to the User in connection with any potential or actual losses or damages relating to any Site content, intellectual property, goods or services available on the Site or obtained through external sites or resources, or any other expectations of the User arising in connection with the use of information posted on the Site or links to external resources.
Under no circumstances, including, without limitation, the User's inattention or negligence, will the Service Provider be liable for any damages (direct or indirect, incidental or consequential), including, without limitation, loss of data or profits, in connection with the use of, or inability to use, the Site, the information, the Programs, or the files or materials on it, even if the Service Provider or its representatives were warned of the possibility of such loss. If use of the Site results in the need for additional servicing, correction or repair of any equipment, or for data recovery, all related costs are paid by the User.
The Service Provider may refuse to publish links to competing services and sites (including communities of competing services or sites).
All information presented on the Site is provided "as is", without any express or implied warranties, unless expressly stated otherwise in licence agreements or affiliate contracts. The Service Provider, to the fullest extent permitted by law, disclaims any liability, express or implied, including, without limitation, implied warranties of fitness for use, as well as warranties of legality of any information, product or service obtained or acquired through this Site.
The Customer independently determines the organisational and software measures to keep the Customer's Account Credentials confidential and to provide authorised access to them for the Customer's staff. The Service Provider is not liable for losses caused to the Customer as a result of disclosure of the Customer's account information to third parties that did not occur through the Service Provider's fault.
During the term of the Agreement the Service Provider may monitor the Customer's use of the Site and the Service Provider's Database.
The Service Provider undertakes not to disclose the Customer's Account Credentials, or information about the Customer's use of the Service Provider's Database, to third parties.
The Service Provider reserves the right to suspend the operation of the Site for maintenance work, where possible at night-time or on weekends. The Service Provider is required to notify the Customer of maintenance work no later than four (4) hours in advance, by posting the relevant information on the Site or by email.
Neither Party is liable for any total or partial failure to perform any of its obligations under the Agreement if such failure results from circumstances such as flood, fire, earthquake, other natural disasters, war or military action, or other force majeure circumstances arising after conclusion of the Agreement. If circumstances of force majeure arise on the Customer's side and prevent the Customer from using the Service Provider's Services, the Customer must notify the Service Provider no later than one (1) day from the date such circumstances arise. Otherwise the Customer forfeits the right to a refund for the period during which the Customer did not use the Service Provider's Services.
If force majeure circumstances last for more than three (3) months, either Party may unilaterally refuse to perform its obligations under the Agreement (terminate the Agreement).
By accepting the terms of this Agreement, the User consents to providing personal data in those services, Applications and forms of the Site where such information is requested. The procedure by which the Service Provider handles personal data is set out in the Privacy Policy published on the Site.
The purpose of processing personal data by the Service Provider is to provide services to the User by means of the Site and the Service Provider's Programs.
The list of actions with personal data to which the User consents includes: collection, organisation, accumulation, storage, clarification (updating, amendment), use, anonymisation, transfer to third parties for the purposes specified above, and any other actions provided for by current laws of the Russian Federation, carried out by both non-automated and automated means.
The Service Provider undertakes to take all necessary measures to protect the User's personal data from unlawful access or disclosure.
The User's consent remains in force until withdrawn by the User by sending a corresponding notice to the email address mail@memez.ru.
The User consents to receive, by email at the address the User provides upon registration on the Site or any of its services, advertising and informational messages concerning the products and services of the Service Provider and its partners.
This agreement is deemed concluded in any of the following cases:
All disputes and disagreements that may arise will, where possible, be resolved through negotiations between the Parties. If a dispute cannot be resolved through negotiations, it will be resolved in accordance with the user agreement published on the site.
On matters not regulated by this agreement, the Parties are guided by current laws of the Russian Federation.
The Customer warrants that:
Each and every provision of this Agreement is to be treated as a separate and independent provision, and a finding that any provision of the Agreement is unlawful or unenforceable does not affect the lawfulness or enforceability of the remaining terms of the Agreement.
Refunds. Under paragraph 23 of Annex No. 1 to Decree of the Government of the Russian Federation No. 2463 of 31 December 2020, software is not subject to return or exchange after the licence key has been delivered and the right of use has been activated. Activation of the key is deemed to be the moment when the right of use is transferred. A refund is possible only in the event of a technical error on the part of the Service Provider (the key was not delivered, the key does not work) or at the Service Provider's discretion on a case-by-case basis.
All programs offered on MEMEZ.RU are:
Use of the software provided on the Site is prohibited for:
IP Tungushbaev Roman Pavlovich does not provide or support:
The User bears sole and full responsibility for the use of products purchased in accordance with the laws of the Russian Federation and the rules of use of the respective platforms. If unlawful use of the software is detected, the IP has the right to block the User's account and to demand compensation for damages.
IP Tungushbaev Roman Pavlovich bears no liability for use of software purchased on the site for purposes that violate the laws of the Russian Federation or the user agreements of third parties.
The User undertakes to comply with the requirements of the law and the rules of use of the respective platforms. Purchase of a product does not grant the right to use it for purposes that violate the rules referred to above.
The IP reserves the right to discontinue service to the User and to disclose information about the violation to the competent authorities if facts of unlawful use of the software are detected.
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