TamTam Messenger End User License Agreement
This license agreement (hereinafter referred to as the Agreement) governs the relationship between Mail.Ru LLC, hereinafter referred to as the Licensor, and you, hereinafter referred to as the Licensee, with respect to the use of a messenger bearing a trade name of TamTam (hereinafter referred to as the Messenger).
1. Terms Used in this Agreement
1.1. Licensor means Mail.Ru Limited Liability Company, which grants the Licensee a non-exclusive license to use the Messenger and communicates to the public, distributes, operates, maintains and administers the Messenger.
1.2. Licensee means a person who is legally capable to conclude this Agreement, has a sufficient scope of rights and is entitled to use the Messenger hereunder within the limits provided hereby. The Licensee is a Party to this Agreement.
1.3. Messenger means a computer program designed for the exchange of electronic messages exclusively among the users thereof, whereby a sender of an electronic message determines a receiver(s) thereof; the program’s functionality does not enable Internet users to post public information online and transmit electronic messages to the public.
1.4. Content means design elements, illustrations, graphic images, photographs, stickers, scripts, texts, videos, music, sounds and other items (files) posted in the Messenger, which can be either protected or not protected by copyright. Content can be downloaded either by the Licensor holding the exclusive rights thereto or by the Licensee or third parties holding the exclusive rights thereto.
2. Accession Conditions and Procedure
2.1. Before using the Messenger for the first time, the Licensee shall read and understand this Agreement and the Confidentiality Policy published at https://help.mail.ru/legal/terms/tamtam/eng/privacy.
The use of some of the Messenger’s functions may be subject to additional conditions and rules supplementing the conditions hereof (hereinafter referred to as the Conditions when used separately and the Applicable Rules when used together with the conditions of this Agreement and the Confidentiality Policy).
A prerequisite for the use of the Messenger is the Licensee’s unconditional agreement with all the Applicable Rules.
2.2. The Licensee shall accede to this Agreement by means of the Licensee’s active actions (by means of registration/authorization by the phone number or through a social network account), which, in the sense of Articles 435 and 438 of the RF Civil Code means an acceptance of the Licensor's offer and execution of a License Agreement resulting in the Licensee’s obligation to comply with the conditions hereof.
2.3. Each time using the Messenger, the Licensee expresses its acceptance of the Applicable Rules in a version in force as of the actual use of the Messenger.
2.4. The Licensee may get registered/authorized in the Messenger by a phone number (by means of a confirmation code being sent to a phone number specified by the Licensee) and through the Licensee’s Social Network Account. When getting registered/authorized in the Messenger through the Social Network Account, the Licensee agrees that the Licensor may have access to certain information of the Licensee contained in the Social Network Account, as well as publish such information and store it in the Messenger.
3. Subject of the Agreement
3.1. The Licensor hereunder shall grant to the Licensee the right to use the Messenger as software subject to a simple non-exclusive license, including the access to basic features of the Messenger and the information posted therein within the limits determined hereby. The Licensor shall grant the right of use to the Licensee free of charge unless otherwise provided by special sections of this Agreement or additional agreements hereto.
4. The Licensee’s Rights, Obligations and Warranties
4.1. The Licensee may use the Messenger under the conditions of the simple exclusive license subject to the limitations provided hereby. In particular, the Licensee shall refrain from the following acts: (1) retrieve information from the Messenger, reverse engineer, decompile, reassemble, modify, duplicate, copy, make derivative works, distribute or provide to third persons the software or other information, which is available, received or retrieved from the Messenger, or any parts thereof (except for the Content downloaded by the Licensee); or (2) block, deactivate or influence in other way on any advertising or other functions, which form essential parts of the Messenger.
4.2. The Licensee may use the Messenger’s functionality only for legal purposes, i.e. send instant messages to persons, who are users of the Messenger and are added to the Licensee’s address book (hereinafter referred to as the Users), download the Content to the Messenger and communicate it to the Users selected by the Licensee, create channels and use other functions of the Messenger subject to the limitations provided by this Agreement and the applicable laws. In particular, the Licensee may not: (1) infringe intellectual property rights of any person when downloading/sending the Content; (2) enter/send offensive information; (3) send unsolicited bulk electronic messages; or (4) enter other person’s user data to impersonate it falsely.
4.3. If the Content is downloaded to the Messenger and/or sent trough it, the rights to the Content shall remain in the ownership of the relevant holders (either the Licensee or third parties). In that case, when downloading the Content to the Messenger, the exclusive rights to which are owned by the third parties, the Licensee shall obtain such third parties’ consent to use the Content to the extent required. Otherwise, the Licensee shall be liable for the use of the Content without the consent of the right holder and shall settle any claims and disputes which may arise in connection with the use of the Content in the Messenger without the consent of the right holder.
4.4. The Licensee’s warranties. The Licensee hereby represents and warrants that:
- It has the necessary legal competence to enter into this Agreement.
- The Licensee shall use the Messenger only for legal purposes in accordance with this Agreement and any applicable laws.
5. Rights and Responsibilities of the Licensor, Limitation of the Licensor’s Liability
5.1. The Licensor may at its discretion modify, update, supplement, limit or deny the access for a specific Licensee or a group (all) Users to the Messenger or any part thereof including without limitation any version of software installed on the Licensee’s computer (if applicable) or mobile device, at any time, temporarily or permanently, without notice, for whatever or no reason (hereinafter referred to as the Updates). In that case, the Licensee agrees to bear all risks and relieve the Licensor from the liability for any influence the Updates may have on the ability to use the Messenger (wholly or partially) for communication with the third parties or their ability to communicate with the Licensee.
5.2. The Licensor may limit the access to the Content or remove it from the Messenger, including in case if the Licensee commits any acts in violation of the laws of the Russian Federation or the provisions hereof; in case if the relevant requests are made by the law enforcement agencies; in case if the Content includes viruses or violates any rights (including copyrights) of the third parties; and in case if the Licensee commits any other acts in violation of the laws of the Russian Federation and the provisions hereof when using the Messenger.
5.3. The Licensor may (1) admonish the Licensees, warn, notify or inform them of non-compliance with this Agreement. The Licensor’s instructions given to the Licensee during the use of the Messenger are binding on the Licensee; (2) take any legal measures to protect its intellectual rights to the Messenger and to other items of the Licensor’s intellectual property (e.g., its logo, brand etc.).
5.4 The Licensor may (1) independently solve any matters involving the placement of advertisements in the Messenger, participation in the partner programs, inclusion/modification of the Content in the Messenger etc.; (2) send messages to the Licensees to notify them about the enabling of new functions in the Messenger or disabling the old ones, containing promotional information about the Messenger’s functionality, partner programs etc.
5.5. The Licensor shall enable the Licensee to use the Messenger subject to the conditions hereof.
5.6. With respect to providing means for interaction of the Licensee with the Users including enabling the Licensee to independently perform certain actions within the Messenger, the Licensor shall act only as a party which has organized the technological means for such interaction. Any transfer, storage and access to the information, graphic images, and other Content provided by the Licensees via the Internet and the Messenger’s software in connection with the above interaction shall be performed without any influence on the process of such an interaction on the part of the Licensor save for the cases provided by the laws.
5.7. DISCLAIMER OF WARRANTIES. THE MESSENGER IS PROVIDED AS IS AND AS AVAILABLE. THE LICENSOR DOES NOT PROVIDE ANY WARRANTIES AND HEREBY EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, GOOD TITLE, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE SAVE FOR THE CASES WHEN SUCH WARRANTIES MAY NOT BE DISCLAIMED UNDER THE LAW. THE LICENSOR DOES NOT PROVIDE ANY REPRESENTATIONS AND WARRANTIES REGARDING THE USE, AVAILABILITY OR RELIABILITY OF THE MESSENGER AS A SOFTWARE SAVE FOR THE CASES WHEN SUCH WARRANTIES MAY NOT BE DISCLAIMED UNDER THE LAW. THE LICENSEE SHALL BEAR ALL RISKS IN CONNECTION WITH THE PERFORMANCE OF THE SOFTWARE AND ANY RESULTS THEREOF.
The Licensor does not provide any representations and warranties that all versions of the software will be provided with equal quality, service level, features, functions and availability. The Licensor does not provide any representations and warranties that (1) any program or information will be free of viruses, worms, Trojan horses (Trojan horse software), viral codes or destructive properties; (2) any information available in or through the Messenger will not contain the Content, which may be deemed unsuitable by any persons; (3) the Messenger will operate continuously or without any faults; or (4) any faults in the Messenger’s operation will be eliminated. The Licensee shall be solely responsible for the protection of the software and information, usage of antivirus software and taking other measures to prevent the Licensor’s information or system from being damaged by the infected software or information of the Licensee.
5.8. LIMITATION OF LIABILITY. THE LICENSOR SHALL IN NO CIRCUMSTANCES BE LIABLE TO ANY PARTY IN THE FOLLOWING CASES: (I) FOR ANY INDIRECT, ACTUAL, PUNITIVE, INCIDENTAL OR RELATED DAMAGES (INCLUDING WITHOUT LIMITATION FOR DAMAGES RELATED TO THE LOSS OF PROFIT, INTERRUPTION OF BUSINESS ACTIVITIES, LOSS OF PROGRAMS OR INFORMATION ETC.), AS WELL AS FOR ANY OTHER DAMAGES HOWEVER INCURRED DUE TO THE AVAILABILITY, USE, RELIANCE OR IMPOSSIBILITY TO USE THE SOFTWARE, EVEN IF THE LICENSOR HAS BEEN NOTIFIED ABOUT THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF A FORM OF ACTION, WHETHER BY CONTRACT, CIVIL OFFENSE OR OTHERWISE; (II) FOR ANY CLAIM RELATED WITH DELAYS, MISTAKES, OMISSIONS OR OTHER IRREGULARITIES IN THE INFORMATION OR DUE TO DESTRUCTIVE PROPERTIES OF ANY INFORMATION; (III) FOR THE TRANSMISSION OR DELIVERY OF ALL INFORMATION OR A PART THEREOF, FOR ANY DAMAGE RELATED THERETO OR RESULTING THEREFROM, OR FOR ANY RESULTS OF THE INFORMATION’S USE.
6. Territory and Validity Term
6.1. The Licensee may use the Messenger in the ways described in this Agreement throughout the entire territory of the Russian Federation as well as other areas where it is accessible using standard computing tools and programs.
6.2. The right to use the Messenger shall be granted to the Licensee for the period of validity of this Agreement unless the granted rights are exhausted before that point.
6.3. This Agreement shall be terminated if:
6.3.1. The Licensor makes a decision to amend the provisions hereof, to sign a new agreement with the Licensees, terminate this Agreement with respect to the Licensee, discontinue the administration and maintenance of the Messenger and to cease access thereto or to discontinue access to the Messenger for the Licensee.
6.3.2. The Licensee shall decide whether to stop using the Messenger by sending a relevant notice to the Licensor.
6.3.3. The Licensor reserves the right to terminate this Agreement unilaterally and extrajudicially without informing the Licensee thereof or explaining the reasons with immediate termination of access to and the ability to use the Messenger without compensation for any expenses, damages or repayment of amounts received under this Agreement, in particular in case of:
- discontinuing the Messenger’s operation;
- any, including single, violation of the terms of this Agreement by the Licensee.
6.4. The Licensor is entitled to suspend access to and the ability to use the Messenger (including when the scheduled or emergency maintenance is being conducted by the Licensor) at any time without informing the Licensee thereof or explaining the reasons, without compensation for any expenses, damages or repayment of amounts received under this Agreement, in particular, in case of any, including single, violation of the terms of this Agreement by the Licensee.
6.5. This Agreement does not assume the transfer of any exclusive rights from the Licensor to the Licensee or granting an exclusive license for any components of the Messenger.
6.6. If the Licensee, in accordance with the laws of the Licensee’s state, is banned from using the Internet or if there are other legislative limitations, including age limits for accessing such software, the Licensee shall not use the Messenger. In that case, it is the Licensee who is responsible for the use of the Messenger in the territory of its state in violation of the local legislation.
7. Final Provisions
7.1. This Agreement may be amended by the Licensor without any prior notification. Any amendments to this Agreement made unilaterally by the Licensor shall come into effect on the day following the day of publication of such amendments on the Licensor’s website. The Licensee shall independently review the Agreement for any amendments. Any unfamiliarity on the part of the Licensee with this Agreement and/or changes made to it may not serve as a basis for non-observance by the Licensee of the limitations set by this Agreement.
7.2. The invalidity of one or more provisions of this Agreement, recognized in accordance with established procedures by an effective court decision, will not result in invalidity of this Agreement as a whole. If one or more provisions of this Agreement are recognized to be invalid in accordance with established procedures, the Parties shall fulfill the commitments undertaken hereunder in a manner as close as possible to that implied by the Parties when signing and/or agreeing to amendments made to this Agreement.
7.3. This Agreement and the relationship between the Parties with regard to this Agreement and the use of the Messenger are subject to the law of the Russian Federation.
7.4. The provisions of the Civil Code of the Russian Federation, which govern the procedure and conditions of entering into agreements by accepting a public offer, are applicable to the form and method of execution hereof.
7.5. All disputes of the Parties regarding this Agreement shall be resolved by correspondence and negotiations using an out-of-court (complaint) procedure. If the Parties are unable to come to an agreement by means of negotiations within sixty (60) calendar days after the other Party receives a written complaint, any interested party shall submit the dispute to a court in which jurisdiction the Licensor is located (with the exception of the jurisdiction of any other court).
7.6. Any issues related to fulfillment of this Agreement should be directed to the Licensor, located at 39 Leningradsky Prospekt, bld. 79, Moscow, 125167, Russia.
Date of publication: 1.10.2017