3 Rights and obligations of the parties
3.1 The User has the right to:3.1.1 use the Torrow.Net Platform in the ways described in this Agreement throughout the territory of the Russian Federation, as well as in other territories in which it is accessible using standard computer tools, programs, and devices in accordance with the laws of the states in the territory of which the Torrow.Net Platform is used;
3.1.2 initiate termination of this Agreement at any time by deleting the Personal Account on the Torrow.Net Platform in accordance with the description of the termination procedure in 2.4 “Termination of the Agreement at the User’s initiative”;
3.1.3 reproduce the Content posted and available to the User on the Torrow.Net Platform for personal use by copying (downloading) to the memory of one personal computer and / or mobile device. In case that the Data Itemsof the Content are the subject of copyright or personal images (photographs) of other Users or third parties, the User is obligated to additionally obtain the consent of such persons for the reproduction;
3.1.4 launch activated commands for the operation of the Torrow.Net Platform, described in the Terms of Use of the Torrow.Net Platform;
3.1.5 at any time enable or disable notifications and informational messages arriving at an email address, mobile phone and device, setting up notification methods and informational messages by default in the "User Settings" section of the "Notification Methods" subsection, as well as individually for each Data Itemon the page for viewing of it in the "Personal settings" section.
3.2 The User is not allowed to:3.2.1 reproduce, distribute, process for commercial or non-commercial purposes the Data Itemsof the Torrow.Net Platform that are the subject of copyright of the Torrow.Net Administration / Licensor, other Users or third parties, in the absence of permission from the respective copyright holders to perform these actions;
3.2.1.1 Proof of permission to perform actions with copyright objects of the Torrow.Net Administration, other Users, or third parties outside the functions of the Torrow.Net Platform lies with the User.
3.2.2 reproduce, distribute, convert and process for personal or commercial purposes Personal Data (including, but not limited to, home addresses, phone numbers, email addresses, passport details, banking information) and privacy information of other Users or third parties that became available while using the Torrow.Net Platform, in the absence of permission to perform these actions;
3.2.2.1 Proof of permission to perform actions with the Personal data of other Users or third parties lies with the User.
3.2.3 reproduce the design elements or User interface of the Torrow.Net Platform in terms of creating websites or conducting any commercial activities on the Internet or outside it;
3.2.4 distribute to/from the Torrow.Net Platform audiovisual displays and Business Cards of other Users and third parties present on the Torrow.Net Platform for commercial or non-commercial purposes without the consent of these Users;
3.2.5 upload or otherwise make available to the public (post and publish on the Torrow.Net Platform) Content (or links to it), the distribution of which is prohibited by law, as well as generally accepted standards of morality and ethics, including information that:
3.2.5.1 contains threats, discredits, insults, defames honor, dignity or business reputation, violates the privacy of other Users or third parties;
3.2.5.2 violates the rights of minors;
3.2.5.3 is vulgar or obscene, contains pornographic images and texts or scenes of a sexual nature involving minors;
3.2.5.4 contains scenes of inhuman treatment of animals;
3.2.5.5 contains a description of the means and methods of suicide, any incitement to commit it;
3.2.5.6 promotes and / or helps to incite the racial, religious, ethnic hatred or enmity, propagates fascism or ideology of racial superiority;
3.2.5.7 contains extremist materials;
3.2.5.8 promotes criminal activity or contains advice, instructions or guidelines for committing criminal acts;
3.2.5.9 contains information of limited access, including, but not limited to, state and commercial secrets, information about the privacy of third parties;
3.2.5.10 contains advertisements or describes the attractiveness of drug use, including “digital drugs” (sound files that affect the human brain through binaural beats), information on the distribution of drugs, recipes for their manufacture and tips for using;
3.2.5.11 can potentially lead to the commission of illegal actions by misleading Users or abusing their trust;
3.2.6 transfer the rights granted to the User to use the Torrow.Net Platform to other Users or third parties through the conclusion of a sublicense agreement or in another way;
3.2.7 provide access to control and/or change to other Users of one’s own Personal Account or certain Data Itemsif this could lead to a violation of the laws of the Russian Federation and/or this Agreement or the Rules for using the Torrow.Net Platform;
3.2.8 reproduce, duplicate, copy, sell, carry out trading operations and resell access to the use of the Torrow.Net Platform, including its non-activated data and commands, for any purpose, except when such actions were expressly authorized by the User in accordance with the terms of these Rules or a separate agreement with the Administration;
3.2.9 create (register) Personal accounts on behalf of or instead of another natural person or legal entity (“fake accounts”). At the same time, it is possible to register on behalf of another natural person or legal entity, if the necessary powers are obtained in the manner and form provided by the legislation of the Russian Federation;
3.2.10 establish the words and names as a unique name of the Data Itemson the Torrow.Net Platform, the use of which is prohibited in accordance with these Rules, the current legislation of the Russian Federation and international legal acts, including, but not limited to, obscene language, names registered as trademarks (regardless of the class of ICGS), brand names and commercial designations, if the user does not own exclusive rights to them.
In case of violation of these conditions, the Torrow.Net Administration has the right to prohibit the User from using the Data Itemassigned to him by a unique name, including, if applicable, to transfer the right to use it to the proper person (representative of the copyright holder);
3.2.11 use the software and take actions aimed at disrupting the normal functioning of the Torrow.Net Platform;
3.2.12 use, without special permission from the Torrow.Net Administration, automated scripts (programs, bots, crawlers) to collect information from the Torrow.Net Platform and/or interact with the Torrow.Net Platform and its functionality;
3.2.13 in any way, including, but not limited to, by deceit, breach of trust, hacking, try to access the username and password of another User;
3.2.14 use the Website in any other way, except through the interface provided by the Torrow.Net Administration, except the cases in terms of which such actions were expressly authorized to the User in accordance with a separate agreement with the Torrow.Net Administration;
3.2.15 carry out independently or on behalf of other Users using the functionality of their account, including by misleading or with a promise of encouragement, including using any programs, automated scripts, mass actions of the same type aimed at artificially increasing the performance of the counters of the Torrow.Net Platform (number of subscribers, reviews, ratings, etc.).
3.2.16 violate this Agreement and the Terms of Use of the Torrow.Net Platform, as well as the requirements of the law on the posting of information on the Internet.
3.3 The User is obligated unless otherwise follows from the terms of the Agreement:3.3.1 to provide the Licensor with reliable information about oneself that is necessary for authentication and filling out the User Business Card on the Torrow.Net Platform, including, if necessary, providing one’s own mobile phone number with support for receiving and sending messages (SMS) and/or email address (email);
3.3.2 to keep confidential and do not provide other Users and third parties personal data that became known to him as a result of communication with other Users and other users of the Torrow.Net Platform (including, but not limited to, home addresses, phone numbers, email addresses, passport data, banking information) and information on the private life of other Users and third parties without obtaining the appropriate prior permission of the latter;
3.3.2.1 Proof of permission to perform actions with the Personal Data of other Users or third parties lies with the User, which the User must provide at the first request of the Torrow.Net Administration.
3.3.3 to inform immediately the Torrow.Net Administration about an attempt of unauthorized access to the Personal Account upon receipt of an access code that the User did not request to the telephone number indicated on the Torrow.Net Platform as an authentication method by sending a message to the technical support chat on the Torrow.Net Platform or by sending an email from the email address specified in the User Business Card to the technical support service of the Torrow.Net Platform with information about the phone number and time of receipt of the access code;
3.3.4 to inform immediately the Torrow.Net Administration about unauthorized access to the Personal Account, if unknown to User devices that have access to the Personal Account appear in the list, by sending an email to the technical support service of the Torrow.Net Platform with information about the phone number, name of the device and time of this fact detection;
3.3.4.1 The list of devices that accessed the Torrow.Net Platform can be seen in the “My Profile” section in the “Account” subsection of the “Active Devices” menu item.
3.3.5 to comply with the rules for the safe use of the Torrow.Net Platform, including:
3.3.5.1 it is forbidden to use automated programs (scripts, robots) to collect information on the Torrow.Net Platform and / or interact with the services of the Torrow.Net Platform without the special permission of the Torrow.Net Administration.
3.3.5.2 it is forbidden to violate the appearance and/or operational capabilities of any elements of the web pages of the Torrow.Net Platform provided for by the Torrow.Net Administration, including, but not limited to controls, background images, logos, and banners.
3.3.5.3 it is forbidden to download, store, publish, distribute and provide access or otherwise use malicious software;
3.3.6 to observe safety measures in relation to the Content of the Torrow.Net Platform, especially the Content posted by other Users, other materials and information, including:
3.3.6.1 when clicking on hyperlinks posted on the Torrow.Net Platform, including payment links for goods, works or services;
3.3.6.2 when paying to unverified/unknown organizations and people;
3.3.6.3 when using any files, including software, in order to avoid a negative impact on the User’s computer of malicious software, unfair access to the Personal account, password guessing and other negative consequences for the User;
3.3.7 to comply with copyright laws, including:
3.3.7.1 it is forbidden to illegally upload, store, publish, distribute and provide access or otherwise use the intellectual property of third parties;
3.3.8 to upload photographs (where the person’s face is clearly visible) or pictures (any other image) that do not violate the laws of the Russian Federation, the Rules for Using the Torrow.Net Platform and ethical standards into business cards;
3.3.9 to follow the instructions of the Torrow.Net Administration, in particular, issued by the Torrow.Net Administration to the User or a group of website Users, in the User Support Service (Licensees). In the event that the User fails to comply with such instructions, the Torrow.Net Administration has the right, at its discretion, to suspend, restrict, terminate the provision to the User of the right to use the website or its individual functions, including additional website functionality and inactive data and commands;
3.3.10 to register only one Personal account for the same person, even if the person has several phone numbers or email addresses;
3.3.11 to use the Torrow.Net Platform only through the interface provided by the Torrow.Net Administration on the Torrow.Net Platform unless the User has been expressly authorized to use a different interface in accordance with a separate agreement with the Torrow.Net Administration;
3.3.12 to use only published methods of the Torrow.Net Platform API and Torrow.Net Administration keys for accessing API methods, when creating applications and integrations with other information systems;
3.3.12.1 using other API methods (not published for use) and / or access keys to third-party API methods is strictly prohibited.
3.3.12.2 The user undertakes to regularly check the list and technical documentation describing the use of permitted methods and immediately adjust the functionality of their API applications in accordance with the changes in the list.
3.3.13 to back up important informational elements for the User stored on the Torrow.Net Platform;
3.3.14 to use the Torrow.Net Platform exclusively in accordance with valid and applicable laws, this Agreement and the Terms of Use. Including:
3.3.14.1 it is forbidden to create groups (communities) on the Torrow.Net Platform on topics that are contrary to the terms of this Agreement, the Terms of Use and / or the requirements of the legislation on posting information on the Internet;
3.3.15 to ensure that the Content posted by other Users meets this Agreement, the Terms of Use of the Torrow.Net Platform and the requirements of the law, as well as remove and/or block inappropriate Data Itemsand Users in a timely manner placing it when creating and administering Groups (communities) on the Torrow.Net Platform.
3.4 The Torrow.Net Administration has the right to: 3.4.1 refuse the User registration or block the existing Personal Account its discretion if it considers the User’s data to be inappropriate or violate the rules of conduct on the website, moral and ethical standards, laws of the Russian Federation;
3.4.2 make comments to the Users, warn, notify, inform them of non-compliance with this Agreement when using the Torrow.Net Platform and give instructions to eliminate the non-compliance, which are mandatory for the User to fulfill;
3.4.3 perform moderation selectively or fully (check for compliance with the requirements of this Agreement and, if necessary, block or delete) any Personal or Public Data Item, any Data Itemincluded in the Personal or Public Group Data Item;
3.4.4 terminate this Agreement at any time without notifying the User and without giving any reason unilaterally out of court with immediate termination of access and the ability to use the Torrow.Net Platform and without reimbursement of any costs, losses or lost profits, including in cases of closure of Torrow.Net Platform.
3.4.5 suspend access and the ability to use the Torrow.Net Platform, delete and/or block the User’s Personal Account, suspend, restrict and/or terminate the provision to the User of the right to use all the functionality or individual functions of the Torrow.Net Platform at any time without notifying the User and without giving any reason, without reimbursement of any costs, losses or refunds received under the Agreement, including in the event of any, including one-time, violation by the User of the terms of this Agreement, unless otherwise expressly provided by applicable law, including in the following cases:
3.4.5.1 if the User does not comply with the instructions of the Torrow.Net Administration;
3.4.5.2 if, in the opinion of the Torrow.Net Administration, the User’s data do not correspond to reality or violate the rules of conduct on the website, moral and ethical standards, laws of the Russian Federation;
3.4.5.3 if, in the opinion of the Torrow.Net Administration, the User poses or will pose a threat to the Torrow.Net Platform and / or other Users, including by deceit, breach of trust, hacking, to try to access the username and password of another User;
3.4.5.4 in case of receipt from the other User (s) of motivated complaints about incorrect or unlawful actions of the present User on the Torrow.Net Platform;
3.4.5.5 in a public discussion of the actions of the Torrow.Net Administration, insults and defamation of the Torrow.Net Administration, the Torrow.Net Platform, the developer of the Torrow.Net Platform and / or official persons appointed by the Torrow.Net Administration, inciting a conflict, inciting other Users to conflict;
3.4.5.6 if the User has never used or authenticated on the Torrow.Net Platform during the last 6 (six) months;
3.4.5.7 if the Torrow.Net Platform is used to search for debtors or for other similar purposes;
3.4.5.8 when the User attempts to take actions aimed at destabilizing the functioning of the Torrow.Net Platform, restricting access to the Torrow.Net Platform by other Users, unauthorized access to the management of the Torrow.Net Platform or its closed sections (including those sections to which access is allowed only to the Licensor), as well as carry out any other similar actions;
3.4.6 remove any Personal or Public Data Itemthat, in the opinion of the Torrow.Net Administration, contains signs of violation of the law, without explaining the reasons and the possibility of further restoration;
3.4.6.1 If there is any doubt about the legality of the implementation of certain actions, including posting information or providing access, the Torrow.Net Administration recommends that the User refrains from such actions.
3.4.7 transfer the rights to manage the Group (community), as well as the right to use the unique name of the Data Item, to the legal owner, who has confirmed his rights to the Content of the Group (community) in the established manner, including the right to objects of copyright, related rights, and the right to a means of individualization similar to the point of confusion with the unique name used in the Group (community);
3.4.8 introduce another additional, in addition to the standard, procedures for authenticating Users, protecting Content, checking the relevance of email addresses (email) and mobile phone numbers, identifying Users using external databases, for all or specific Users at its own discretion;
3.4.9 post on any pages of the Torrow.Net Platform advertising or any other information for public distribution, as well as allow the possibility of such information being posted by third parties;
3.4.9.1 The form, procedure, and amount of such information may change without notice from the Torrow.Net Administration.
3.4.10 use, without paying a fee, text information, images and/or photographs of the User that are uploaded to the Public Data Items or User Business Cards of the Torrow.Net Platform by demonstrating and bringing it to an unlimited circle of people by including into advertising materials conducted by the Torrow.Net Administration on the Internet in the materials both in the Torrow.Net Platform and on any other websites;
3.4.11 transfer the rights received from the User under this Agreement to partner organizations and third parties in order to execute this Agreement without obtaining the additional consent of the User;
3.4.12 inform the User, including advertising, through notifications and messages to an e-mail address, a mobile phone, through pop-up windows from the Torrow.Net Administration and from partners of the Torrow.Net Administration;
3.4.13 independently, at its discretion, determine the order in which Data Itemsare displayed in the general search, create and place a list of recommended Data Itemsbased on their information value for users and other criteria;
3.4.14 make changes to the Torrow.Net Platform, modernize, adapt it by preparing and posting new versions, for which the terms of this Agreement continue to apply;
3.4.15 change the design and user interface of the Torrow.Net Platform, its contents, the contents of the provided functions, including additional functionality, inactive data, and commands, change or supplement the scripts, software, Torrow.Net Administration Content and other objects used or stored in the Torrow.Net Platform, server applications, at any time with or without User notification;
3.4.16 in order to collect statistical data, identification of the User, and ensure the functioning of the Torrow.Net Platform:
3.4.16.1 save information about IP addresses and characteristics of devices with which the User accesses the Torrow.Net Platform;
3.4.16.2 use technical information files (cookies) placed on devices that are used to access Torrow.Net Platform;
3.4.16.3 use local database files hosted on devices that used to access Torrow.Net Platform;
3.5 The Torrow.Net Administration is obliged, subject to the terms of this Agreement and subject to the proper performance by the User of all his obligations arising from the terms of this Agreement:3.5.1 provide the User with access and the right to use the Torrow.Net Platform on the conditions provided for by this Agreement;
3.5.2 maintain confidentiality and not to disclose the User’s personal data, as well as other information that became available in the process of disposal by the User of his Data Itemswith the exception of cases provided for by the legislation of the Russian Federation (for example, legitimate requests of state bodies, including by court order);
3.5.3 carry out maintenance, administration, technical and organizational support of the Torrow.Net Platform to ensure its use.