(hereinafter referred to as “Terms”)
1. General Provisions
1.2. According to the present Terms and Conditions, the Company offers individuals (hereinafter referred to as "Users" or "User") with access to use tools, services and features of the Internet Services (hereinafter referred to as "Service" or "Services") in compliance with the conditions of these Terms.
1.3. In order to ensure that our services provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the "Report" feature which available in all our apps.
1.4. The use of all the existing Services for the current moment and any their development and / or addition of new Services is the object of these Terms.
1.6. These Terms may be changed by the Company without any special notification, the new version of the Terms comes into effect from the moment of its posting on the Internet, if another is not contemplated by the new version of the Terms.
1.7. Starting to use any Service or its separate features, tools and services or having completed the registration procedure, the User is considered to have fully agreed to the current Terms without any clauses or exceptions. In case of User's disagreement with some provisions of these Terms, the User is not allowed to use the Company Services. In case if some amendments were introduced to the Terms in the order, contemplated by the paragraph 1.6. of the Terms, which contradict the User's opinion, he is obliged to stop using the Company Services.
1.8. By using the Services, User hereby confirms that he is 18 years old and that he has the right to accept these Terms and Conditions.
2. User Registration and User's Account.
2.1. In order to use some features, services and tools of the Services the User needs to complete the registration procedure, upon completion of which a corresponding account will be created for the User.
2.2. During the registration the User is obliged to provide true and full information about him on the offered questions and support this information updated. If the User provides incorrect information or the Company has the reason to consider the information provided by the User not full or not true the Company reserves the right, in its sole discretion, to block or remove the User's account and refuse the User to use its Services (or their separate features, tools and services).
2.3. The Company reserves the right to demand from the User confirmation of the information provided during registration and request corresponding confirmation documents in connection with this (among which there are documents identifying the User's personality); not providing of these documents may be equal to the providing of incorrect information and entail consequences, contemplated by the paragraph 2.2. of these Terms. In case if the User's information indicated in provided documents does not correspond to the information indicated during registration and in case if the information indicated by the User during registration does not allow to identify him, the Company reserves the right to refuse the User's access to his account and to use the Services or their separate features, tools and services.
2.4. The User's personal information kept in the User's account is saved and processed by the Company according to the provisions of the Personal information protection rules of the users of the Company's Internet Services.
2.5. During the registration, the Service provides to the User a login (a unique symbol name of the user's account) and a password for access to his account. The Company reserves the right to forbid the use of certain logins and to set requirements to login and password (length, allowed symbols etc.).
2.6. The User solely provides confidentiality of his password and is solely responsible for all the actions (and their consequences) within or with the use of the Services under his account, including the cases of freewill sharing of his account access data to third parties. Hereby all the actions within or with the use of the Services under User's account are considered to be carried out solely by the User, with the exception of cases when the User has informed the Company in the order, contemplated by the paragraph 2.7. of these Terms, about unauthorized access to the Services using the User's account and / or any violation (suspicion of violation) of its password confidentiality.
2.7. The User is obliged to immediately inform the Company about any case of unauthorized (unauthorized by the User) access to the Services using the User's account and / or any violation (suspicion of violation) of its password confidentiality.
2.8. The User is obliged to log out of his account (complete every session by the Log out button) upon completing the work with the Services. The Company is not responsible for the possible data loss or corruption which can occur because of non-observance of these recommendations.
2.9. The User's password can be restored only in case of exact, correct and full indication of the information indicated during the account registration. If the User has neglected exact, correct and full indication of the registration information, the Company gives no guarantees when the User applies to restore his password.
2.11. The Company reserves the right to block or remove the User's account and deny access with the use of any account to certain Services, their separate features, tools and services and remove any materials without explaining the reason, including the case of User’s violation of these Terms or provisions of the other documents, contemplated by the paragraph 1.5. of these Terms and also in case of not using by the User his account during more than 12 months.
3. User's Materials
3.1. The User is solely responsible for the compliance of the content of the posted materials (audio-visual, text etc.) with the requirements of the current legislation, including the responsibility to the third parties in cases, when posting of one or another material by the User or the content of these materials violates the rights and legitimate interests of the third parties, including personal non-pecuniary authors' rights, other intellectual rights of the third parties and / or infringes upon non-material goods not belonging to him.
3.2. The User acknowledges and agrees that the Company is not obliged to monitor the materials of any kind posted and / or spread by the User by means of the Company Services and that the Company reserves the right (but has no obligation) to refuse the User at its discretion in posting and / or spreading of the materials. The Company may remove any content submitted to the Company Services if the Company believes it violates the Terms or the Company is required to do so by applicable law. The User realizes and agrees that he shall solely estimate all the risks connected with the use of materials, including reliability, fullness or utility estimation of these materials.
3.3. The User agrees that uploading any materials within the use of the Service the User gives access to them to the other registered Users by default. The Company Services are just the means allowing the User to give access and post materials for general access.
3.4. The User is solely responsible to the third parties for his actions connected with the use of the Services, including cases if such actions lead to violation of rights and legitimate interests of third parties and for the observance of the legislation using the Services.
3.5. The Company Services may contain the links to the other websites on the Internet (third party websites). The mentioned third parties and their content are not checked by the Company for compliance with these or those requirements (reliability, fullness, legitimacy requirements etc.). The Company is not responsible for any information or materials, posted at the third party websites to which the User gains access using the Services and for the accessibility of such websites or consequences of their use by the User. The link (in any form) to any website, product, service or any commercial or non-commercial information which is posted within the Service is not an approval or recommendation of these products (services, activity) by the Company, except for cases when it is directly indicated by the Company.
3.6. Using the Services, the User doesn't have the right to:
3.6.1. upload, send, give or post and / or spread in any other way the materials that are illegal, malicious, slanderous, insult morality; demonstrate (or are the propaganda of) violence and brutality, violate intellectual property rights; promote hatred and / or race-, ethnicity-, sex-, religion-, social-based discrimination of people; contain insult to any individuals or organizations; contain the elements (or are the propaganda of) pornography, child erotica; represent advertisement (or are the propaganda) of sexual services (including these services under the guise of other services); explain the procedure of manufacturing, application or any other use of drugs or their analogs, high explosives or another weapon;
3.6.2. violate any legal rights of the third parties, including minors;
3.6.3. pose as another person or organization and / or community representative without sufficient rights for that, and use any other forms and ways of illegal representation of other individuals on the Internet, and mislead the users or the Company according to the features and characteristics of any subjects or objects;
3.6.4. to register multiple accounts by one User (cloning). If it is revealed cloning the Company is entitled to collect from Users of the corresponding penalty, blocking all or some such User accounts and limit the functionality of the Services for the User;
3.6.5. upload, send, give or post and / or spread in any other way materials without authorization for such actions according to the legislation or any agreement;
3.6.6. upload, send, give or post and / or spread in any other way unauthorized in a special way advertising information, spam (including search spam), lists of somebody else's emails, schemes of the "pyramids", multi-level marketing, systems of online earning and email businesses, "chain letter", and to use the Services for taking part in these events, or use the Services exceptionally for forwarding users to the pages of another web resources;
3.6.7. upload, send, give, post and / or spread in any other way any materials containing viruses or other computer codes, files or programs meant for violation, destruction or limitation of the functionality of any computer or telecommunication equipment or programs for unauthorized access, and serial numbers to the commercial software products and programs for their generation, logins, passwords and other means for getting unauthorized access to the paid resources on the Internet, and posting the links to the above mentioned information;
3.6.8. to use automated scripts (programs) for gaining information and / or interaction with the Services;
3.6.9. to gain and save other individuals' personal data illegally;
3.6.10. to break the proper work of the Company Services;
3.6.11. to post links to the web resources, the content of which contradict the current legislation;
3.6.12. to contribute to the actions aimed at violation of the limitations and prohibitions of these Terms;
3.6.13. does not have the right to perform actions that cause or may cause any harm or damage to the Company and/or its affiliated or other persons (account crack, illegal sale of the game currency, slander or spreading information discrediting business reputation);
3.6.14. to use abusive, immoral expressions in relation to the employees of the technical support service of the Services;
3.6.15. to violate the norms of the current legislation in some other way;
3.7. The User agrees that the sufficient argument of the violation of the Terms by the User is the presence of the circumstances and any materials (screenshots, Users' applications etc.) that in the Company's and/or employees' of the technical support service of the Services opinion are sufficient for determination of the violation of the Terms by the User. The User agrees that the Company is not obliged to prove User's guilt or the fact of violation of the Terms by the User to the User or anybody else.
3.8. User agrees that in the event of a breach of these Terms, the Company shall be entitled to block the User's access to the Services / Service indefinitely or for a certain time.
3.9. The Company reserves the right to set limitations of use of the Services for all the Users or for separate User Categories (depending on User's location etc.), including: availability / unavailability of separate functions of the Services, special parameters of the uploaded materials etc.
4. Intellectual Rights
4.1. All the objects accessible with the help of the Company Services, including design elements, text, geographical images, illustrations, video, music, sounds and other objects, as well as any materials posted within the Service, are the objects of the exclusive rights of the Company, Users and other right holders.
4.2. The use of the materials and any other Service elements is possible only within the functionality offered by one or another Service. No Service elements and any materials posted within the Services cannot be used otherwise without prior right holder authorization. Under the use the following notions are implied: reproduction, copying, processing, spreading on any basis etc.
4.3. The use of the Service elements and any materials for personal non-commercial use by the User is admitted on the condition of saving all the signs of the copyright protection, allied rights, trademarks, other authorship notifications, saving of author's name (pseudonym) / right holder's name unchanged, saving of corresponding object unchanged.
4.4. The User gives to the Company a non-exclusive, royalty free, perpetual, worldwide license to use such content in any way including reproduction, spreading, processing, public demonstration and informing about the materials posted by the User within the Services for the public viewing as the materials of the Company accessible by means of the Company Services, including for the purpose of promotion of the Services and their advertisement. The author of the materials mentioned in this paragraph reserves all the pecuniary and personal non-pecuniary copyrights according to international law conventions of intellectual property, other laws, which regulating intellectual property.
4.5. Using the functionality of the Company Services, the User agrees that User's information may be given to the Company partners exceptionally for the purpose of providing the User with the services of the Company, which are provided jointly with these partners and exceptionally at the rate, necessary for the appropriate providing of these services.
5. Limitation of Liability
5.1. The User is solely responsible for the consequences of the use or disuse of the Services. The Company takes no responsibility, including for the compliance of the services with User's purposes, and gives no guarantees of regular work of the Services.
5.2. The Company does not guarantee that: the Services meet and / or will meet the requirements of the User; the Services will be provided uninterruptedly, quickly, safely and without errors; the results that may be obtained using the Services will be accurate and reliable and may be used for any purposes or in any capacity (e.g., for determination and / or confirmation of any facts); the quality of any product, service, information etc. obtained using the Services will meet Users expectations.
5.3. The User is solely responsible for the possible consequences of the use of information and / or materials, the access to which he has gained by means of the Services, including the damage which this can cause to the User's computer or to third parties for data loss or any other damage.
5.4. The Company is not responsible for any kind of damages that occur in consequence of using the Services by the User or separate features, tools and Services of the Company or any kind of damages occurring because of action of the third persons. The User has no right to present claims to the Company and/or employees of the Company and/or affiliates of the Company in accordance with this paragraph.
5.5. Under any circumstances the Company's combined responsibility within carrying out its obligations according to these Terms is limited to 100 (one hundred) US dollars and is laid on the Company's in case of its guilt.
5.6. Considering the fact that the Services are open for general access, the Company is not responsible for any materials posted by the Users and for any conduct of the Users that use the Services in the "online" mode as well as out of the Internet ("offline").
6. Additional Features and Refund Policy
6.1. At User's will the Company grants the User the right to use additional features of the Services on a paid basis that allow the User to use additional, expanded, special program features of the Services.
6.2. The right to use additional features of the Service is granted for a fee and at the rate, which is determined by these Terms based on the size of this fee.
6.3. Paying of the fee for the use of additional features of the Service is realized by the User by means of money in the currency of the corresponding territory at the rate of the cost determined by the Company for the rights to use additional features of the Services (virtual currency of the Services). The cost of one unit of the rights for the use of additional features of the Services amounts in the sum indicated at the account page of the User. The cost amount may be changed by the Company unilaterally at any time without prior informing of the User.
6.4. The User reserves the right to use additional features of the Services freely exchanging the received units for the rights for the possibility to use certain functions of the Services and / or tools and services belonging to the additional features according to the internal rate of the Services, information about which are posted directly in the sections of the Services devoted to these certain functions or tools and services.
6.5. The User is aware that using additional features of the Services and the access to the additional features at the rate of units for the rights may be ceased in compliance with current Terms as a result of their consuming or for some other reasons and it does not give the User a reason to demand money refund paid for the right to use this additional features of the Services.
6.6. In case if as a result of technical error or malfunction of the Services or any their element or conscious actions of the User he has gained access to the additional features of the Services without purchasing the right to use it in the order, determined in these Terms, the User is obliged to inform the Company about this fact and pay the fee for the use of such additional features or remove all the consequences of unauthorized use of the additional functional of the Services. The Company reserves the right to remove such consequences independently without informing the User.
6.7. The User agrees, understands and accepts the circumstance that Services, their tools and services are not gambling, spieling, a contest or bet. Purchasing of the rights for the use of additional features of the Services is a realization of his own will and is not a necessary or compulsory condition for using the Services and their main functional.
6.8. In case if the User violates these Terms, money paid by the User for the access to the additional features of the Services is not refunded.
6.9. The User agrees that reverse exchange of the virtual currency of the Services for the real monetary units is impossible. Money paid by the User for the access to the additional features of the Services is not refunded in any case, as the Company provides non-material and non-refundable Services.
6.10. The Company reserves the right to expire any unused units expire 6 months. If the User deletes an account or if the User account is terminated by the Company due to breach of these Terms, the User will lose any accumulated units. If the User receives free or promotional units, the Company may expire them at any time.
7. Closing Provisions
7.1. The Company reserves the right to carry out preventive works in the Services with a temporary pause in the work of the Services.
7.2. In case of any force majeure conditions, as well as accidents or malfunction in the hardware-software system of third parties or actions of third parties aimed at the stopping or ceasing of the functioning of all the Company Services or their part, the stopping of the work of the Company Services is possible without notification of the Users.
7.3. Nothing in these Terms can be understood as establishment of agency relationship, companionship, relationship on joint activity, relationship of personal hire or any other relationships between the User and the Company that are not directly contemplated by the Terms.
7.4. Failure in performance for the part of the Company in case of violation by the User or any third parties of the Terms provisions doesn't deprive the Company of the right to take the appropriate actions in defence of its interests later.
7.5. These Terms are regulated and interpreted in compliance with current legislation of the norms of international law, and the law of the British Virgin Islands.
7.6. If for some reason one or several provisions of these Terms are acknowledged invalid or having no legal force it does not affect the validity or applicability of other provisions of the Terms.
7.7. The User or any other person, considering their rights and interests to be violated by the actions of the Company, may submit a complaint. The complaints are considered by the technical support service of the Company in compliance with the general order of the incoming inquiries.
7.8. The Company reserves the right to send messages with information content to its users.
7.9. On matters concerning the work of the Company Services the User or any third party may apply to the support via email: firstname.lastname@example.org
8. Company Details
Family Train Inc. First Floor, Mandar House, Johnson's Ghut, P. O. Box 3257, Road Town, Tortola, British Virgin Islands
Date of publication of this edition of the Rules: 19th day of July, 2019