Linkster.PW
TERMS OF SERVICE AGREEMENT
This Agreement is concluded between Individual Entrepreneur Boris Grebnev, Identification Number: 67185510, registered on 07.09.2023 by National Agency of Entrepreneur Registry of Serbia (hereinafter referred to as the Owner) and any person who, after accepting the terms of this agreement, becomes a user of the site located on the Internet at: https://linkster.pw/ (hereinafter referred to as the Site), hereinafter referred to as "User", together in the text of the Agreement referred to as "Parties", and individually - "Party". This User Agreement is recognized as a public offer. Unconditional acceptance (acceptance) of the terms of this Agreement is the fact of registration on the Site. This Agreement, concluded by accepting this offer, does not require bilateral signing and is valid in electronic form.
1. Terms and definitions used in the Agreement In the Agreement, unless the text of the Agreement directly implies otherwise, the following words and expressions will have the following meanings:
1.1. Site - a set of software and hardware for computers, providing publication for public viewing of information and data, united by a common purpose, by means of technical means used for communication between computers on the Internet. The site is located on the Internet at: https://linkster.pw/
1.2. Site Administrator / Owner - Individual Entrepreneur Boris Grebnev, Identification Number: 67185510, registered on 07.09.2023 by National Agency of Entrepreneur Registry of Serbia, located at: 11070 Republic of Serbia, Belgrade, New Belgrade district, Jurija Gagarina 231, office 327.
1.3. The content of the Site is all objects posted on the Site, including design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds and other objects and their collections. The Site Owner is the owner of the exclusive rights to use the Site, including all the content of the Site.
1.4. User - a user of the Internet, in particular the Site, who has his own personal page (profile / account).
1.5. Profile / account (Profile) - the User's personal page on the Site.
1.6. Account information - a unique Username (login) and password for entering the Site, specified by the User when registering on the Site.
1.7. Moderation - viewing by the Site Owner of the information posted (or planned for placement - Pre-Moderation) on the Site by the User for compliance with the provisions of this Agreement.
1.8. Paid site services - services provided by the site administration in accordance with the price list posted on the site, including a microlanding designer.
1.9. QR code is a code containing information provided by the User.
2. Subject of the Agreement
2.1. The Site Owner provides the User with services for providing access to the Site services, including paid ones, while the obligatory condition for the Site Owner to provide services in accordance with this Agreement is the acceptance, compliance by the User and the application of the requirements and provisions specified in this Agreement to the relations of the Parties.
2.2. The Site Owner reserves the right to change the terms of this Agreement and all its integral parts without agreement with the User, notifying the latter by posting on the Site a new version of the Agreement or any of its integral parts that have undergone changes. Taking into account that the newsletter can be recognized by the Parties as spam, the User undertakes to familiarize himself with the content of the Agreement posted on the Site at least once a month in order to timely familiarize himself with its changes. The new version of the Agreement and / or any of its integral parts comes into force from the moment of publication on the Site, unless another date for the entry into force of the changes is determined by the Owner of the Site when they are published. The current version of the Agreement and all annexes to it is always publicly available on the Site.
3. Rights and obligations of the Site Owner
3.1. The Site Owner undertakes:
3.1.1. Provide the User with the services specified in clause 2.1 of this Agreement. Access to the Site is provided by assigning Credentials to the User, and access to paid services - after receipt of payment.
3.1.2. Provide the User with the opportunity to independently publish information about himself.
3.1.3. Do not disclose the User's Account Information to third parties.
3.1.4. Provide round-the-clock availability of the server on which the Site is located, except for the time of maintenance.
3.1.5. Transfer to the User the exclusive right to the result of the service - the microlending designer, if the User complies with all the terms of this Agreement.
3.2. The Site Owner has the right to:
3.2.1. In case of violation by the User of the terms of the Agreement, send the User a warning containing a list of violations. If the User does not eliminate the violation within one day from the moment the notification is sent to him or repeatedly violates the specified conditions or other conditions, the Site Owner has the right to unilaterally refuse to execute the Agreement, block Users' access to the User Profile and cancel the User Profile. The funds paid by the User are not refundable.
3.2.2. Carry out Moderation in cases when the information transmitted or posted by the User promotes hatred and / or discrimination of people on racial, ethnic, gender, religious, social grounds; promotes the use of drugs and other drugs that are harmful to health; calls for inhuman treatment of animals; violates the rights of national and other minorities; contains calls for violent action; violates the rights of authors and other owners of intellectual rights.
3.2.3. Dispose of statistical information related to the operation of the Site, as well as information of Users to ensure targeted display of advertising information to various audiences of Users of the Site.
3.2.4. Send the User information about the development of the Site and its services; conducting surveys about the quality of the Site, providing and requesting other information, as well as advertising their own activities and services.
4. Rights and obligations of the User
4.1. The user undertakes:
4.1.1. Fully familiarize yourself with the terms of this Agreement before registering on the Site.
4.1.2. Comply with all the terms of this Agreement.
4.1.3. Do not transfer information about other Users received through the Site to third parties.
4.1.4. Do not transfer your Account Information to third parties.
4.1.5. Do not post personal data of other persons on the Site, as well as do not use the personal data of other Users or Users in any way that does not comply with the requirements of the legislation of Serbia, for illegal or illegal purposes, in order to obtain benefits and for any other purposes that do not correspond to the purposes of creating the Site ...
4.1.6. Do not post in the Profile information and objects (including links to them) that may violate the rights and interests of others.
4.1.7. Do not register as a User on behalf of or instead of another person or register a group (association) of persons as a User.
4.1.8. Do not upload, store, publish, distribute any information that: - contains threats, discredits, offends, denigrates honor and dignity or business reputation, or violates the privacy of other Users or third parties; - violates the rights of minors; - is vulgar or obscene, contains obscene language, contains pornographic images and texts or scenes of a sexual nature with the participation of minors; - contains scenes of violence or inhuman treatment of animals; - contains a description of the means and methods of suicide, any incitement to commit it; - promotes and / or promotes incitement of racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority; - contains extremist materials; - promotes criminal activity or contains advice, instructions or guidelines for the commission of criminal acts; - contains information of limited access, including, but not limited to, state and commercial secrets, information about the private life of third parties; - contains advertising or describes the attractiveness of the use of alcohol and / or drugs, including "digital drugs" (sound files that affect the human brain due to binaural beats), information about the distribution of drugs, recipes for their manufacture and advice on use; - is fraudulent; - and also violates other rights and interests of citizens and legal entities or the requirements of the legislation of Serbia.
4.1.9. Be responsible for the content of the information contained in the QR code and business card created as a result of using the services of the Site. 4.1.9. Do not use the software and do not take actions aimed at disrupting the normal functioning of the Site and its services or personal pages of the Users, do not download, store, publish, distribute and do not provide access or otherwise use viruses, Trojans and other malicious programs; do not use automated scripts (programs) to collect information on the Site and (or) interact with the Site and its services without the special permission of the Site Owner.
4.1.10. Do not try to gain access to the login and password of another User, including, but not limited to, deception, hacking of the Profiles of other Users, etc.
4.2. The user is prohibited from:
4.2.1. Carry out illegal collection and processing of personal data of other Users.
4.2.2. Access any services in any other way, except through the interface provided by the Site Owner, unless such actions were expressly permitted to the User in accordance with a separate agreement with the Site Owner.
4.2.3. Reproduce, duplicate, copy, sell, trade and resell services for any purpose, unless such actions were expressly permitted to the User in accordance with the terms of a separate agreement with the Site Owner.
4.2.4. Post any information that, in the opinion of the Site Owner, is undesirable, infringes on the interests of Users or for other reasons is undesirable for posting on the Site.
4.3. The user has the right to:
4.3.1. Access the server on which the Site is located around the clock, except for the time of maintenance work.
4.3.2. Change the password on your own without notifying the Site Owner. 4.3.3. Contact the support service to block your Profile (in the absence of valid demo access and subscriptions).
4.4. The user agrees that by accessing the Site and using its content, he:
4.4.1. Expresses its unconditional acceptance of all the terms of this Agreement and undertakes to comply with them or to stop using the Site.
4.4.2. Receives a personal, non-exclusive and non-transferable right to use the content of the Site on one computer, provided that neither the User himself nor any other persons with the assistance of the User will copy or modify the software; create programs derived from software; penetrate the software in order to obtain program codes; sell, assign, lease, transfer to third parties in any other form of rights in relation to the software of the services provided by the Site.
4.4.3. In order to implement this Agreement, Users give the Site Owner permission to use, store, process and distribute personal data in the way and to the extent that it is necessary to fulfill the terms of this Agreement. The procedure for using, storing, processing and distributing personal data of Users is posted on the Site. The user agrees to the transfer of personal and other data to third parties, including for the purposes of their processing, to ensure the functioning of the Site, the implementation of partner and other programs, subject to the provision of a mode similar to the mode existing on the Site, including , but not limited to, the transfer of personal data to persons affiliated with Individual Entrepreneur Boris Grebnev or who have entered into agreements with them, as well as to third parties in cases where such transfer is necessary for the User to use a certain service or to fulfill a certain agreement or contract with the User. The processing of personal data is carried out in accordance with the policy on the processing of personal data of Individual Entrepreneur Boris Grebnev.
4.4.4. Using the paid services of the Site, the User is notified that the User is responsible for all errors, typos, inaccurate information, and other information prohibited for publication and distribution in accordance with the law. Including fines and other sanctions that state authorities may impose on the Site Owner, will be further collected from the User.
5. User registration
5.1. In order to use the services provided by the Site Owner under this Agreement, the User must complete the mandatory registration procedure on the Site at https://linkster.pw/. User registration on the Site is free and voluntary. The use of the site services is carried out in accordance with the current price list posted on the site.
5.2. When registering on the Site, the User is obliged to provide the Site Owner with the necessary reliable and up-to-date information to form the Profile, including the login (email address) and password for access to the Site unique for each User. The Site registration form may ask the User for additional information.
5.3. After providing the information specified in clause 5.2 of this Agreement, the User confirms registration by clicking the "Register" button, which is at the same time an expression of familiarization and agreement with this user agreement posted on the site. Completion of registration is impossible without expressing the user's consent to this user agreement.
5.4. Upon completion of the registration process, the User becomes the owner of the User's Account Information, which means that he is responsible for the security of the Account Information, as well as for everything that will be done on the Site under the User's Account Information. The User is obliged to immediately notify the Site Owner of any case of unauthorized access to the Site, that is, carried out by a third party without the consent and knowledge of the User and / or any violation of the security of the User's Account Information. The Site Owner is not responsible for possible loss or damage to data that may occur due to violation by the User of the provisions of this clause of the Agreement.
5.5. To start working with the Site, the User must enter his Account Information in the appropriate section of the Site.
5.6. Unless the User proves otherwise, any actions performed using his login and password are considered to have been committed by the relevant User. In the event of unauthorized access to the login and password and / or the User's Profile or distribution of the login and password, the User is obliged to immediately inform the Site Owner about this in the prescribed manner.
6. Responsibility of the Parties
6.1. The user independently determines the list of organizational and software (for computers) means for keeping secret his accounting information and providing authorized access to it. The Site Owner is not responsible for losses caused to the User as a result of the disclosure of the User's Account Information to third parties, which occurred through no fault of the Site Owner. If any person other than the User is authorized on the Site using the User's Account Information, then all actions performed by such a person will be deemed to have been committed by this User. The User is solely responsible for all actions performed by him on the Site, as well as for all actions performed on the Site by any other persons using the User's Account Information.
6.2. The Site Owner does not guarantee that the Site software does not contain errors and / or computer viruses or extraneous code fragments. The Site Owner provides the User with the opportunity to use the Site software "as it is", without any guarantees from the Site Owner.
6.3. The Owner of the Site is not responsible for losses caused to the User as a result of the message by another User of inaccurate information, as well as caused by the actions (inaction) of another User. The Site Owner does not guarantee that the information contained in the User Profiles is accurate and complete.
6.4. The Site Owner makes every possible effort to ensure the normal operation of the Site, but is not responsible for non-fulfillment or improper fulfillment of obligations under the Agreement, as well as possible losses incurred, including, but not limited to, as a result of: - illegal actions of Users aimed at violating information security or the normal functioning of the Site; - failures in the operation of the Site caused by errors in the code, computer viruses and other extraneous fragments of code in the software of the Site; - absence (impossibility of establishing, terminating, etc.) Internet connections between the User's server and the Site's server; - carrying out by state and municipal authorities, as well as other organizations, measures within the framework of the System of operational-search measures; - the establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and / or the establishment by the said entities of one-time restrictions that complicate or make impossible the execution of the Agreement; - other cases related to actions (inaction) of Users and / or other entities aimed at worsening the general situation with the use of the Internet and / or computer equipment that existed at the time of the conclusion of the Agreement, as well as any other actions aimed at the Site and at third parties persons; - performance of the work specified in clauses 6.5 and 6.6 of this Agreement.
6.5. The Owner of the Site has the right to carry out preventive work in the software and hardware complex of the Site with a temporary suspension of the Site, if possible at night and as much as possible reducing the time of the Site's inoperability, notifying the User about it, if technically possible.
6.6. In the event of force majeure, as well as accidents or failures in the software and hardware complexes of third parties cooperating with the Site Owner, or actions (inaction) of third parties aimed at suspending or terminating the functioning of the Site, the Site may be suspended without prior notice to the User. ...
6.7. The Site Owner is not responsible for the User's violation of these Rules and reserves the right at his own discretion, as well as upon receiving information from other users or third parties about the User's violation of these Rules, to change (moderate) or delete any information provided by the User that violates the prohibitions, established by these Rules (including private messages), suspend, restrict or terminate the User's access to all or any of the sections or services of the Site at any time for any reason or without explanation, with or without prior notice, without liability for any harm, which can be caused by such an action. The Site Owner reserves the right to delete the User Profile and (or) suspend, restrict or terminate the User's access to any of the Site services if he finds that, in his opinion, the User poses a threat to the Site and (or) its Users. The Owner of the Site is not responsible for the temporary blocking or deletion of information or deletion of the personal page (termination of registration) of the User carried out in accordance with these Rules. Deleting a User Profile means automatically deleting all information posted on it, as well as all User information entered during registration on the Site. After deleting the personal page, the User loses access rights to the Site.
6.8. Neither Party shall be liable for full or partial failure to fulfill any of its obligations if failure is a consequence of such circumstances as flood, fire, earthquake, other natural disasters, war or military action and other force majeure circumstances that arose after the conclusion of the Agreement and not dependent on the will of the Parties.
7. Procedure for resolving disputes and settling claims
7.1. In the event of disputes between the User and the Site Owner on issues related to the execution of the Agreement, the Parties will take all measures to resolve them through negotiations with each other. The claim procedure for resolving disputes is mandatory. The User's claims for the Services provided are accepted and considered by the Site Owner only in writing and in the manner prescribed by this Agreement and the current legislation of Serbia.
7.2. To resolve disputes arising between the User and the Site Owner as a result of using the services, the following claim procedure is applied. A user who believes that his rights have been violated due to the actions of the Site Owner sends the latter a claim containing the essence of the requirement, the justification for its presentation, as well as all the User's data. The claim is also sent to the Site Owner in writing by mail or fax; - within 5 (five) working days from the date of receipt of the claim, the Site Owner is obliged to state his position on the fundamental issues specified in it and send his response to the email address or postal address specified in the User's claim; - in case of failure to resolve the dispute through the claim procedure, the dispute is subject to consideration in accordance with clause 7.4 of the Agreement; - The Site Owner does not consider anonymous claims or claims that do not allow the User to be identified based on the data provided by him during registration, or claims that do not contain the data specified in this clause of this Agreement.
7.3. To resolve technical issues when determining the User's guilt as a result of his illegal actions when using the Internet and the Site, in particular, the Site Owner has the right to independently engage competent organizations as experts. If the User is found guilty, the latter is obliged to reimburse the costs of the examination.
7.4. If no agreement is reached between the Parties through negotiations, the dispute arising from this Agreement is subject to consideration in a court of general jurisdiction at the location of the Site Owner.
8. Other conditions
8.1. This Agreement enters into force from the moment of acceptance of this offer by the User and is concluded for an indefinite period.
8.2. This Agreement is an offer and by virtue of the current civil legislation of Serbia, the Site Owner has the right to withdraw the offer. If this agreement is revoked by the Site Owner, this agreement is considered terminated from the moment of revocation. The revocation is carried out by posting the relevant information on the Site.
8.3. The provisions of this Agreement are established, changed and canceled by the Site Owner unilaterally without prior notice. From the moment the new version of the Agreement is posted on the Site, the previous version is considered invalid. In the event of a significant change in the provisions of this Agreement, the Site Owner notifies the Users of this by posting a corresponding message on the Site.
8.4. If the User does not agree with the terms of this Agreement, then he must immediately delete his Profile from the Site, otherwise the continued use of the Site by the User means that the User agrees with the terms of the Agreement. 8.5. Issues not regulated by this Agreement are subject to resolution in accordance with the legislation of the Serbia.