Last updated on November 28, 2022.
This User Agreement (hereinafter referred to as the Agreement, the User Agreement) governs the relationship between WaveAccess LLC (hereinafter referred to as WaveAccess, we) and the users (hereinafter referred to as the User) of the myQuiz computer software, which represents a set of services and interactive games located on the pricing pages or pages of catalogs of various platforms (hereinafter referred to as the Service). This Agreement, in accordance with Article 437 of the Civil Code of the Russian Federation, is a public offer and defines the terms of use of the Service hosted on various platforms (websites, applications, software platforms, etc.) (hereinafter referred to as the Platform) by the Users.
The User Agreement may be accepted by an individual by agreeing to its terms and conditions as a whole through the performance of implicative actions, in accordance with Article 438 of the Civil Code of the Russian Federation, namely the registration on the Platform, in the Service or the obtaining of access to the Platform, the Service, or the direct use of the Platform, the Service. By performing the above actions, the User confirms the review and unconditional acceptance of the terms and conditions of the Agreement and other policies of WaveAccess, and undertakes to comply with them.
The Service makes it possible to create, conduct and participate online in the myQuiz intellectual team quizzes, according to the results of which the Users have the opportunity to receive prizes (hereinafter referred to as the Quiz). The quizzes are distributed on the pricing pages on the Platform, to which the User obtains access through the Service under the terms and conditions stipulated in this Agreement.
The Service may be hosted and used on various Platforms through which the User is granted access to the Service.
The Service is hosted and used, including, but not limited to, on the following Platforms:
website on the Internet: https://myQuiz.ru, owned by WaveAccess;
the Website (httpsmyQuiz.ru) represents an online resource for creating, conducting and using the Quizzes under the terms and conditions of the Agreement with WaveAccess.
SmartMarket software platform owned by "SDEVICES" LLC (registered at: Russia, 121165, Moscow, Kutuzovsky prospekt, house 32, room 6.24, OGRN (Primary State Registration Number): 1197746592394, INN (Taxpayer Identification Number): 7730253720);
The SmartMarket software platform is a catalog of computer software programs, software products and services available to the User on devices and in mobile applications integrated with the SmartMarket software platform and various services of Sberbank PJSC. On this Platform, the User has the opportunity to take part in the Quiz under the terms and conditions of the Agreement with WaveAccess.
software catalog located in the Microsoft Teams application owned by Microsoft Corporation (One Microsoft Way, Redmond, Washington 98052-6399, USA).
The Microsoft Teams application is a collaboration, meeting, chat, and calling application that hosts the Service, which is accessed through the software catalog of the Microsoft Teams application.
The Service may be hosted and used on other Platforms not listed above. Thus, the effect of this User Agreement shall extend to the relationship arising between the User and WaveAccess in relation to the use of the Service on any Platforms.
According to the content of the Service and the Platform, the words "guessing game, game, quiz" (quiz – translated from English as a guessing game) are words similar in meaning and mean the myQuiz intellectual team online quiz.
By accepting this Agreement, the User warrants to WaveAccess that 1) they have not been suspended or removed from the list of users of the Service or the Platform in the past; and 2) their registration and use of the Service, the Platform comply with the law and all applicable legislative regulations adopted in the Russian Federation; and 3) they will not post materials (texts, images, design elements, graphics, illustrations, videos, scripts, programs, music, sounds and other similar objects and their collections) in the Service and on the Platform, the rights to use which do not belong to the User, except where such materials are used for informational, scientific, educational or cultural purposes in accordance with Article 1274 of the Civil Code of the Russian Federation with the obligatory indication of the name of the author whose work is used, and the source of borrowing.
If the User represents the interests of an organization or company, then the User accepting the terms and conditions of this Agreement on behalf of the company shall represent and warrant that they have full authority to make transactions, and all references to the User shall refer to the organization or company that the User represents.
The User shall voluntarily and independently register on the Website, complete the registration form in the Service by specifying a pseudonym (fictitious name) and their email address, and thereby create their profile (account) of the User.
The User agrees that the information they provide is accurate and will be updated by the User from time to time. The User will need to create a password during registration. The User shall be solely liable for maintaining the confidentiality of their account and password, and the User shall assume responsibility for all activities that will be performed under their account. If the User believes that the security of their account is at risk, the User shall immediately notify WaveAccess thereof at hello@myquiz.ru.
3.1. Implementation of Settlements
The User hereby gives their consent to make any payments for the Service that they purchase or use in accordance with the rates and payment terms that are presented to the User on the Platform and in this Agreement. Before making the payment, the User shall have the opportunity to review the rates and to confirm the amount that will be paid for the Service.
Prior to using the Service, the User shall be obliged to provide the payment agent of WaveAccess, the owner of the Platform, as well as third parties involved by the owner of the Platform (settlement bank, payment collectors) (hereinafter referred to as the Payment Agents) with the details of their means of payment. By providing the details of their means of payment, the User agrees that Payment Agents may automatically charge for the Service. The User represents and warrants that the details of means of payment provided by them are correct, and undertakes to notify WaveAccess, the owner of the Platform and the Payment Agents of any changes therein and to provide the above persons with new details of means of payment within three (3) business days from the date of their change.
3.2. Price Formation
WaveAccess reserves the right to determine the rates for the Service, a particular Quiz on the pricing page. WaveAccess will take the necessary measures on its part to ensure that the rates posted on the Platform are up to date. WaveAccess also encourages the Users to periodically check the pricing sections on the Platform on their own in order to obtain current up-to-date information about the cost of the Service, the particular Quiz.
WaveAccess may change the rates for the Service, the Quiz from time to time. The changed rates shall apply only to subsequent purchases made after the date of the rate change. By acquiring access to the Service, the Quiz after the rates have changed, the User thereby expresses their agreement with the new amounts of rates. If the User deletes their account on the Platform, then in the future, in order to gain access to the Service, the Quiz, they will need to purchase such access at new rates.
3.3. Getting Access to the Service, the Quiz and Refund of Payments
The Service and the Quiz shall be provided on a prepaid basis. This means that in order to gain access to the Service, the Quiz, funds in the amount equal to the subscription fee for the Service or the Quiz selected by the User shall be debited from the User once in advance (before gaining access).
When purchasing access to the Service by subscription, the User shall select a subscription on the pricing pages or in the catalogs posted on the Platforms, or in the Service itself, and when acquiring access to a specific Quiz, the User shall select the Quiz also on the pricing pages or in the catalogs or in the Service. The cost of access shall be indicated on the description page informing about the possibility of acquiring such access. The cost of access shall be valid at the time of its purchase.
The services rendered by WaveAccess associated with the provision of access to the Service or the Quiz shall be considered to be provided to the User with proper quality from the date WaveAccess provides the User with such access, regardless of whether the User has started using the System or the Quiz.
After making the payment, the User shall obtain access to the paid Service or the specific paid Quiz of the Service for the entire period of paid use of the Service on the Platform under the registered account that was used to acquire access to the Service or the said Quiz of the Service.
No cancellation of the paid access to the Service or the Quiz of the Service and no refund of funds for the paid access shall be stipulated under this Agreement, unless otherwise specified in a user agreement of the relevant Platform.
In the event that payments are refunded to the User, in accordance with the terms and conditions of the user agreement of the relevant Platform, the access to the Service, the Quiz, for which payment was made, shall be terminated.
3.4. Payment procedure for Users (individuals)
You shall make a payment for using the Service within the tariff plan you have chosen, available on https://myquiz.ru/Pricing, by clicking the BUY button. After clicking the above button, a form for filling out payment information in the CloudPayments system will be available to you.
After the payment information is filled out, you will need to confirm your actions by clicking the appropriate button about the payment. All payments will be made in Russian rubles.
The amount to be paid shall not be subject to VAT on the basis of the application of the simplified taxation system in WaveAccess in accordance with Article 346.11 of the Tax Code of the Russian Federation. After the payment is made, a receipt will be sent to your email address specified during account registration.
After payment you will automatically get an access to the Service within the tariff plan you have chosen.
4.1. Permissions
Provided that the User fully complies with these terms and conditions of the Agreement, WaveAccess shall grant to the User a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal use during the term of this Agreement at the service level for which payment was made.
The User of the Service may independently create and conduct the Quiz, and take part therein in compliance with the terms and conditions of this Agreement, the standards of current laws of the Russian Federation applicable to the case of using the Service.
The User shall be entitled to post in the Service and on the Platform only those materials (texts, images, design elements, graphics, illustrations, videos, scripts, programs, music, sounds and other similar objects and their collections), the rights to use which belong to the User.
4.2. Prohibited Activities
Only to the extent that restrictions are permissible under the current laws of the Russian Federation, the User may not:
(1) reproduce, distribute and transfer intellectual property rights to the Service and the Platform;
(2) make changes to the Service and the Platform;
(3) acquire, use and access the Service and the Platform for the purpose of developing a competing product or service, or for other competing purposes;
(4) interfere with components of the Service and the Platform, including the following (a) disabling or bypassing the components that restrict the use or copying of content; (b) deciphering, reproducing or otherwise attempting to study the source code of part of the Service and the Platform; or (c) hacking, guessing a password and using other illegal ways of interference;
(5) scan or test the vulnerabilities of the Service and the Platform;
(6) use manual or automatic systems or software to extract data from the Service, the Platform or other interfaces through which the Service is launched, unless WaveAccess and the owner of the Platform provide written permission to extract data;
(7) interfere with the operation of the Service, the Platform or prevent other Users from using the Service, the Platform, including (i) downloading or otherwise distributing a virus, adware, spyware, self-propagating software or other malicious code; (ii) making unsolicited offers or advertisements in relation to other users; (iii) collecting personal data of other users or third parties without obtaining their consent; (iv) interfering with or disrupting the operation of computer networks, equipment or servers that are connected or used to ensure the provision of the Service;
(8) perform actions that will create an excessive or disproportionate load on the infrastructure of the Service, the Platform or computer networks, or other systems associated with the Service, the Platform;
(9) use the Service, the Platform for the purpose of violating the intellectual property rights of other persons, or committing other illegal actions;
(10) resell or lease the Service, the Platform;
(11) register accounts using bots or other automated systems;
(12) perform any fraudulent activities, including the imitation of the name of an individual or the designation of a company, declaring a non-existent affiliation to them, gaining access to accounts without obtaining permission, or misrepresenting their own age and date of birth.
The User undertakes not to post the following materials:
(1) illegal, malicious, threatening, morally offensive, defamatory materials that violate copyright and other intellectual property rights, promote hatred and/or discrimination of people on racial, ethnic, gender, social grounds, as well as violate the accepted standards and ethics of communication on the Internet, or hinder the work of other Users of the Service and the Platform;
(2) materials that violate the rights of minors and/or cause harm to them in any form, including moral;
(3) materials that make it possible to mislead other Users and third parties, in particular by representing themselves (the User) as another person and/or a representative of an organization and/or community, including the support service or employees of WaveAccess, the owner of the Platform and other persons;
(4) materials that violate any rights of third parties, including rights to the results of intellectual activity, rights to trademarks (service marks) and trade secrets;
(5) materials that contain viruses or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs, to provide unauthorized access to computer systems, equipment or data of third parties, as well as serial numbers for commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as posting links to the above information;
(6) materials that violate the standards of the current Russian;
(7) materials that make it possible to process personal data of third parties;
(8) materials that contain rude, obscene or offensive language and sentences;
(9) materials that contain text, photo and video materials of a pornographic nature;
(10) materials that interfere with the normal operation of the Service, the Platform, the game, the Quiz by using pop-up windows (pop-ups);
(11) materials that contain links to the Internet resources prohibited by the current laws of the Russian Federation;
(12) materials that contain automated scripts (programs) for collecting information and (or) interacting with the Service.
If the User is prohibited from using the Service, the Platform, in accordance with the current laws of the Russian Federation, the User may not use the Service, the Platform.
4.3. Intellectual Property and Copyright Rights
All results of intellectual activity and means of identification posted in the Service and on the Platform, including design elements, projects, drawings, layouts, graphic images (including illustrations), photographic works and works obtained by methods similar to photographs, text, audiovisual works, computer programs that are part of the Service, musical works with or without text and other works, as well as trademarks shall be protected in accordance with the laws of the Russian Federation, including in accordance with international treaties with the participation of the Russian Federation. Such protected items shall together and separately constitute the protected results of intellectual activity (hereinafter referred to as the RIA).
The Service is subject of WaveAccess’s exclusive rights. In accordance with this Agreement the Service shall not be sold or transferred to the User.The User shall have no right to use the RIA with the exceptions of for the express consent of WaveAccess.
All trademarks and service marks, names, logos, domain names and other components of the WaveAccess brand shall be the items covered by the exclusive rights of WaveAccess. The User shall have no right to use components of the WaveAccess brand for commercial or non-commercial purposes, unless otherwise stipulated in this Agreement or a contract between the User and WaveAccess.
Except as expressly stipulated in this Agreement, as well as the current laws of the Russian Federation, the Website, the Service, the Quiz and the RIA may not be used (as well as copied, published, reproduced, processed, distributed, sold or otherwise used) in part or in whole without the consent of WaveAccess.
4.4. Third Party Components Used
The Service is integrated and interacts with the Platforms specified in this Agreement, or may be integrated and otherwise interact with other Platforms for the full use of the Service by the Users. The terms of use of the Platforms shall be governed by the relevant user agreements of such Platforms. The User agrees that WaveAccess shall not be liable for the actions, content of the Platform or for any interaction with the owner of the Platform and third parties involved by them, and may not guarantee the compatibility of the Platform with the Service.
Despite the fact that the Service is provided in accordance with this Agreement, nothing in this Agreement shall restrict or imply restriction of the User's rights to purchase or use other components and services of the Platform pursuant to separately concluded license agreements.
The User retains all copyrights to the content that was located by the User on the Service or Platform.
The User acknowledges and agrees that WaveAccess is not obliged to view and check the content located by the User for compliance with current legislation, including legislation on copyright and related rights.
In order for the User to obtain the rights granted by this Agreement, the User shall grant the following rights to WaveAccess:
(1) to make it possible for the Service and the Platform to use the processor, performance and storage systems on the User's equipment in order to provide access to the Service and the Platform;
(2) to provide advertising and other information to the User;
(3) to make it possible for the business partners of WaveAccess to carry out the above actions. Some WaveAccess content may contain advertising materials as part of the content.
With regard to the personal data of the User of the Service, the Website, a participant in the Quiz, which is provided by them during registration in the Service and on the Website for participation in the Quiz, the operator of the Service and the Website shall comply with the Privacy Policy, the current version of which is constantly available on the page at: https://myquiz.ru/PrivacyPolicy.
By taking part in the Quiz, the User agrees that their personal data provided for participation in the Quiz shall be available to other participants in such Quiz, shall be indicated in the Quiz report and may be transferred to the originator (organizer) of the Quiz, as well as to the Quiz participants, as part of the Quiz report.
WaveAccess shall not be liable for the content provided by the User through the Service and the Platform. The User shall be solely liable for the content and the consequences of providing the content through the Service and the Platform.
When using the Service, the Platform, the Quiz, the User acknowledges, agrees and confirms that (1) they are the creator and copyright holder of the content or have the appropriate rights, permissions from the copyright holders for its transfer and use by WaveAccess; (2) the content and its use (a) do not and will not infringe the rights of third parties, including copyright, trademarks, patents, trade secrets, right to privacy, publicity and other intellectual property and copyright rights; (b) will not defame, insult and infringe on the right to privacy and publicity, as well as other rights and titles of other persons; (3) the User's content will not be considered by anyone as containing unacceptable, profane, indecent, pornographic, shameful materials that violate the rights of third parties.
The User undertakes not to take actions and not to post comments and entries that may be considered as violating the Russian laws, including in the field of intellectual property, copyright and/or related rights, universal moral principles and ethics, as well as any actions that lead or may lead to disruption of the normal operation of the Service, the Platform, the Quiz.
The use of the materials of the Service, the Platform without the consent of the copyright holders shall not be permitted. When quoting the materials of the Service, the Platform, including copyrighted works, a link to the Service or the Platform shall be mandatory.
If the User finds out that their intellectual property rights and other rights are violated by the content posted in the Service or on the Platform, the User may contact WaveAccess at the addresses indicated on the Website or in this Agreement.
In the event that WaveAccess is notified of such violation, WaveAccess may, at its sole discretion, take measures to remove such content from the Service, the Platform or take other appropriate measures without notifying the User or other person who provided the content. If the User or another person believes that the content provided by them does not violate the rights of WaveAccess or third parties, they may notify WaveAccess with a request to restore the content, however, WaveAccess restores or does not restore such content at its sole discretion.
WaveAccess shall be entitled to exclude the User, a participant, a player from the Quiz, promotion or event of the Service at any time if it considers that such person acts in bad faith towards other Users, participants, players of the Quiz, which may be expressed (including, but not limited to) as follows:
(1) participation in one Quiz, event, promotion of the Service through several accounts registered in the Service and on the Platform;
(2) registration in the Service and on the Platform using false, other people's personal data;
(3) implementation of any types of fake engagement [1] actions of the User that are not permitted in accordance with the provisions of the Agreement and other regulations of the Service, the Quiz, event, promotion. WaveAccess shall independently determine the presence or absence of fake engagement actions, taking into account the technical capabilities available to it;
(4) regular and systematic implementation of actions aimed solely at obtaining financial benefits from participation in Quizzes, various promotions, events, promotional activities, etc.
WaveAccess, when evaluating the actions of the User, participant, player, as bona fide or unfair, shall judge from the behavior expected from any participant in the Quiz, promotion, event, any User of the Service, the Platform, taking into account the rights and legitimate interests of the other party.
WaveAccess shall not be liable for the User's violation of this User Agreement and shall reserve the right, at its sole discretion, as well as upon receipt of information from other users or third parties about the violation by the User of the User Agreement, to change (moderate), block or delete any information published by the User that violates the prohibitions established by this User Agreement, to suspend, restrict or terminate the User's access to all or any of the sections or functionality of the Service, the Website at any time for any reason or without explanation, with or without prior notice.
WaveAccess shall also reserve the right to extend the provisions of this Clause in relation to another person who does not meet the above criteria, but who has otherwise interfered or assisted to the detriment of other Users, participants, or in general to the detriment of the Quiz, promotion, event, activities.
WaveAccess shall strive to ensure that the Service is operational and fully functional. However, due to certain technical problems, performance of works, tests or updates necessary to make changes in accordance with the current laws of the Russian Federation, from time to time this may cause temporary restrictions in relation to the use of the Service. WaveAccess reserves the right to modify or suspend, temporarily or permanently, the functions and components of the Service from time to time, without any liability to the User for interruptions or modifications to the Service or its components. The User agrees and acknowledges that WaveAccess will strive to perform the necessary actions to maintain the Service, but is not obliged to carry out maintenance, support, updating of the Service.
In case of adoption of regulatory legal acts by the authorities of the Russian Federation that affect the operation of the Service in whole or in part, WaveAccess shall reserve the right to make any changes to the functioning of the Service aimed at bringing it into line with the new legal provisions in the Russian Federation.
WaveAccess shall be entitled to unilaterally amend the terms and conditions of this Agreement at any time. Such amendments shall take effect from the date a new version of the Agreement is posted on the Website. If the User does not agree with the amendments made, they shall be entitled to reject the access to the Service, the Platform and stop using the Service, the Platform.
10.1. Term of the Agreement
This Agreement shall be valid from the date when the User has accepted the relevant Agreement by registering on the Platform, in the Service or gaining access to the Service, the Platform, starting to use the Service, the Platform, and shall be terminated after the dissolution of the User Agreement by one of the Parties to the Agreement.
10.2. Termination of the Agreement
WaveAccess may terminate this Agreement or suspend the User's access to the Service at any time, including the situation of unauthorized use of the Service, or violation of the provisions of the Agreement by the User, or in case where WaveAccess terminates the provision of access to the Service (of which WaveAccess shall notify the User). If the User or WaveAccess terminates this Agreement, or WaveAccess suspends the User's access to the Service, the User agrees that WaveAccess shall not be liable to the User, and WaveAccess shall not refund amount of money paid to the extent that it is permitted by the current laws of the Russian Federation. The User shall be entitled to terminate this Agreement and to disable the account at any time.
10.3. Consequences of Termination of the Agreement
Upon termination of the Agreement (a) the User's license shall be terminated and the User shall be obliged to immediately cease to use the Service; (b) the User shall not have the right to access their account in the Service; (c) the User shall be obliged to make all payments in respect of WaveAccess that were not paid before the termination of the Agreement; and (d) all payment obligations that arose before the termination of the Agreement, and Clauses 4.2, 6, 7, 9, 11, 12, 13, 14, 15, 16 of the Agreement shall continue to be valid.
The User shall be liable for the use of the Service, the Platform and, in the event of disputes, shall indemnify WaveAccess and its representatives, employees, directors, consultants, affiliates, branches from claims and suits received from third parties and reimburse any related damages, expenses incurred, including legal expenses incurred in connection with the following: (1) use or improper use of the Service, the Platform by the User; (2) violation by the User of provisions of this Agreement, representations, warranties and contracts related to this Agreement, or the current laws of the Russian Federation; (3) violation by the User of the rights of third parties, including intellectual property, copyright rights, rights to privacy and publicity, confidentiality and other private property rights; (4) any dispute arising between the User and a third party.
WaveAccess reserves the right, at its own expense, to protect its rights, interests and to exercise control over legal case related to the cases specified in this Agreement, with further compensation for the expenses associated with judicial defense on the part of the User (without limitation of the User's obligation to compensate for judicial defense expenses). The User shall be obliged to cooperate with WaveAccess to protect WaveAccess from the claims made.
The lack of an immediate response on the part of WaveAccess in the event that any of the Users violates the provisions of the Agreement shall not deprive WaveAccess of the right to take appropriate actions later to protect its rights, interests and copyrights to the materials of the Service and the Platform protected in accordance with the laws of the Russian Federation.
WaveAccess shall be entitled, for any reason, including in the event that WaveAccess receives claims from third parties (copyright holders) regarding the violation of their rights, to remove the material posted by the User or block access to it without notifying the User thereof and without explaining the reasons. Furthermore, the User undertakes to settle these claims independently and at their own expense.
WaveAccess shall be entitled, at the first request of the relevant competent public authority, in compliance with the current laws of the Russian Federation, to transfer information about the User to such public authority.
The User agrees that in the event that WaveAccess receives claims from third parties (copyright holders) regarding the violation by the User of the rights to use the materials, with the attachment of documents confirming the rights to use the materials, WaveAccess shall reserve the right to transfer information about such User to a third party (copyright holder).
WaveAccess is not engaged in preliminary moderation or censoring of the Users' information and takes actions to protect the rights and interests of individuals and to ensure compliance with the requirements of laws of the Russian Federation only after the interested person contacts WaveAccess in the prescribed manner, using the contact information on the Website.
Except as otherwise stipulated in this Agreement and the current laws of the Russian Federation, the Service, the Platform and all materials received through the Service, the Platform shall be provided "as is" and on the basis of "availability". WaveAccess makes no warranties in any way, whether in writing or orally, including (a) warranties of merchantability, fitness for a particular purpose, availability, reliability, accuracy or non-infringement of the rights of third parties of the Service, the Platform; (b) warranties arising in the course of normal business practice, use and trade.
WaveAccess does not warrant that the Service, the Platform or any part of it, any materials offered through the Service, the Platform will operate smoothly, in complete security, free from bugs, viruses or other harmful components, and WaveAccess does not warrant that any of the above problems will be resolved.
WaveAccess shall not be liable for the unavailability and operability of the Service on the Platform and other platforms due to the actions of third parties.
In addition, WaveAccess does not incur liability for any third party applications, content, equipment or product that is advertised or promoted in the Service and on the Platform. WaveAccess shall not be liable for the User's visit and use of external resources, links to which may be contained in the Service and on the Platform.
WaveAccess shall not be liable and shall have no direct or indirect obligations to the User in connection with any possible or incurred losses or damages related to any content of the Service and the Platform, copyright registration and information about such registration, the content posted on external websites or resources, goods or services available or received through external websites or resources, or other contacts of the User that they came into using the information posted in the Service and on the Platform or links to external resources.
The User agrees that WaveAccess shall not incur liability and shall have no obligations in connection with advertising that may be placed in the Service and on the Platform.
The User is warned that they shall be solely responsible, in accordance with the standards of current laws of the Russian Federation, for the violation of rights of third parties (copyright holders) resulting from the User's unlawful placement of materials in the Service and on the Platform.
No advice or information, whether in writing or oral form, received by the User in the Service and on the Platform or from WaveAccess, or no materials available through the Service and the Platform, shall create warranties from WaveAccess, unless otherwise prescribed by this Agreement. WaveAccess shall not be liable for any damages resulting from the use of the Service and the Platform. The User agrees that they use the Service, the Platform, or part thereof, at their own discretion and bear the risk of such use, and WaveAccess shall not be liable for damage to the User's property, including computer or mobile devices, or any loss of data.
WaveAccess may use in its Service content of a third party obtained from such party under a license agreement. In the event that the copyright holder of the content used in a particular Quiz terminates the license agreement with WaveAccess, as a result of which the period of access to such Quiz will be changed, and the User will no longer have access to such Quiz, WaveAccess shall not be liable in any way to the User for termination of access to the said Quiz. WaveAccess shall be entitled to change the period of access to the Quiz on the Platform at any time in case of termination of the license agreement with the copyright holder of the content, under which WaveAccess obtained the right to use the content of a third party in the particular Quiz. The User shall be obliged to independently monitor the change in the period of access to the Quiz, access to which they have acquired.
To the extent permitted by the current laws of the Russian Federation, WaveAccess, its affiliates, representatives, employees, consultants, suppliers, licensors shall not be liable (1) for any losses; (2) the loss of data, business, income arising in connection with the use of the Service, the Platform, in contract or tort, based on an unconditional obligation, or otherwise, even if WaveAccess has been advised of the possible losses, and remedies have not been effective.
To the extent permitted by the current laws of the Russian Federation, the total amount of liability of WaveAccess, its affiliates, representatives, employees, consultants, suppliers, licensors arising in connection with the use of the Service shall not exceed the total amount of funds paid by the User to WaveAccess for the right to use the Service.
However, WaveAccess shall not limit its liability and warranties, which are prohibited from being limited in accordance with the current laws of the Russian Federation.
14.1. Applicable Law
This Agreement (and any non-contractual disputes arising out of this Agreement) shall be governed by the laws of the Russian Federation, without reference to conflicts of law rules.
14.2. Dispute Resolution
If the User has grounds for filing a suit, the User shall submit a claim to WaveAccess to the following address: hello@myquiz.ru. The claim shall specify the essence of the appeal, the circumstances of the case, the violated rights and demands of the User. If, within thirty (30) calendar days from the date of receipt of the claim, the Parties fail to reach an agreement on the issues considered in the claim, each of the Parties may apply to the judicial authority in the manner prescribed by the current laws of the Russian Federation.
The User agrees that the exclusive jurisdiction for the consideration of disputes between the User and WaveAccess, in connection with the use of the Service, shall be the consideration of disputes in the court at the location of WaveAccess, and the User further agrees that all disputes related to WaveAccess shall be considered in the court at the location of WaveAccess.
The use of the Service, the Platform shall be governed by the standards of current laws of the Russian Federation.
15.1. Legal Effect of the Agreement
The use of individual components of the Service may be regulated by a contract separately concluded by and between the Parties. If an agreement is reached between the Parties regarding the User's use of additional components of the Service, the User shall undertake to comply with the terms and conditions of the additional contract concluded.
15.2. Partial Invalidity of the Agreement
The recognition by the court of any provision of the Agreement as invalid or unenforceable shall not invalidate other provisions of the Agreement.
15.3. Transfer of Rights and Obligations under the Agreement
WaveAccess may fully or partially transfer its rights and obligations under this Agreement and other concluded contracts and agreements to third parties. The User has no right to transfer, in whole or in part, their rights and obligations under this Agreement to any third party.
15.4. Independence of Relations between the Parties
The relationship between the User and WaveAccess shall be a relationship between independent parties. Nothing in this Agreement shall establish partnership, agency or joint venture relationships.
15.5. Consent to the Electronic Exchange of Documents and Communications
By using this Service, the Platform, the User agrees to communicate electronically with WaveAccess, as well as that their email address and other details shall be kept by WaveAccess. The User will receive information from WaveAccess from time to time in the form of the latest news, the terms of use of the Service and other offers. The User may at any time refuse to receive information from WaveAccess by sending a letter to WaveAccess by mail, or by clicking the "unsubscribe" button located in the letter. In this case, the User will be immediately removed from the list of email recipients. The User agrees that any notices, contracts and other communications sent by WaveAccess in electronic form shall be official correspondence and shall meet the criteria for legal communications.
197046, Russian Federation,
Leningrad region, Gatchina district, Gatchina, Kievskaya St 17В, room 27
Telephone numbers: +7 812 326 86 26, +7 812 600 21 21
E-mail: hello@myquiz.ru
www.waveaccess.ru
[1] Fake engagement represents the User's actions using special methods that are unacceptable when participating in the Quiz, promotion, event, and making it possible to perform actions from one computer more often than is generally accepted and more often than it is stipulated, allowed by the rules of the Quiz, event, promotion (for example, use of dynamic IP addresses and deletion of cookies, concealment of the real IP address, use of blocked inactive users of the Internet, social networks, and other similar methods).