1. General provisions
1.2. This Agreement is an open and publicly available document.
1.4. This Agreement may be changed and/or supplemented by the Site owner unilaterally at any time without any special notice.
1.5. The Site Owner recommends that Users regularly check the terms of this Agreement for changes and / or additions. The User’s continued use of the Site after making changes and/or additions to this agreement means the User’s acceptance and consent to such changes and / or additions.
1.6. This Agreement is open-ended and may be terminated in accordance with it at any time at the initiative of the Site owner.
1.7. This Website is intended exclusively for adult consumers of tobacco products (Russian citizens over 18 years old) to provide them with reliable information about the main consumer properties and quality characteristics of tobacco products and accessories for smoking. Persons under the age of majority are prohibited from using the Site. This site is not a public offer.
1.8. The information on the Website is provided to Users free of charge, without any guarantees or guarantees, except for specially stipulated cases.
1.9. None of the materials posted on the Site should be considered by the User as an understatement of the health risk associated with smoking. Despite the fact that smoking tobacco is associated with a real risk to health, all products presented on the Site are legal products all over the world.
1.10. If you believe that any material on the Site is inappropriate or offensive, as well as any of the terms of the Agreement is unacceptable to you, please stop using this Site, as well as notify the Site owner to further block access to the Site and delete all information specified by you in the message sent to the Site owner.
1.11. We ask you to send all questions and suggestions regarding this Site using the form posted in the «Feedback» section.
1.12. The Site Owner also reserves the right at any time to change the design of the Site, its content, any or all content, the list of services, to change or supplement the scripts used, software and other objects used or stored on the Site, any server applications, to restrict access to the Site or to its individual sections at any time with or without prior notice.
1.13. It is prohibited to use the Site for advertising or offering commercial services of third parties.
1.14. The information contained on the Website may contain inaccuracies and typos. The Site Owner, however, is not obligated to regularly update the information on the Site.
1.15. Except for the cases specifically stipulated on this Site, the Site Owner is not responsible for the content / use of information on the Site, as well as the content / use of messages sent or received by the User.
1.16. The Site Owner reserves the right to expand, modify, suspend or completely close the entire Site or any part of it at any time and without warning, as well as to restrict or prohibit access to it.
1.17. The Website Owner does not guarantee the uninterrupted and error-free operation of the Website, the periodic correction of its defects and its compatibility with your computer, hardware and software.
1.18. This Agreement is governed by and interpreted in accordance with the legislation of the Russian Federation. Issues not regulated by the Agreement are subject to resolution in accordance with the legislation of the Russian Federation.
1.19. If, for one reason or another, one or more provisions of this Agreement are declared invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions.
2. Links to third-party websites
2.1. This Website may contain links to websites owned or used by other persons. Such links are provided solely for your convenience. The Site Owner does not control and is not responsible for their use, content, privacy statements or security of such sites, including, but not limited to, any opinions or statements expressed on third-party sites or in their Content.
2.2. Without limiting the above, the Site Owner specifically stipulates the absence of liability if such sites:
— violate the intellectual property rights of third parties;
— inaccurate, incomplete and misleading;
— unsuitable for commercial or other specific purposes;
— do not provide adequate security;
— contain viruses and other elements of a destructive nature;
— are of a libellous or slanderous nature.
2.3. If the User installs a link to the above-mentioned sites or the Site, the User does this at his own risk.
2.4. A link to any website, product, service, or any information of a commercial or non-commercial nature posted on the Website does not constitute an approval or recommendation of these products (services) by the Website Owner.
3. Exclusive rights
3.1. All objects posted on the Site, including design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds and other objects and their collections (hereinafter referred to as Content), are objects of the exclusive rights of the Site Owner, Site Users and other copyright holders, all rights to these objects are reserved.
3.2. Except for the cases established by this Agreement, as well as the current legislation of the Russian Federation, no Content may be copied (reproduced), processed, distributed, displayed, published, downloaded, transmitted, sold or otherwise used in whole or in part without the prior permission of the copyright holder, except in cases where the copyright holder has explicitly expressed his consent to the free use of the Content by any person.
3.3. This Agreement does not grant the User any exclusive rights to the intellectual property posted on the Site.
3.4. By placing the Content legally belonging to him on the Site, the User transfers to the Site Owner for the entire period of copyright protection provided for by the legislation of the Russian Federation, the non-exclusive right to its permanent and gratuitous use, including the right of assignment, by viewing, reproducing (including copying), translating, making available to the public, processing (including printing copies), modification, adaptation, public performance, publication, creation of derivative products, distribution, performance, worldwide and/or its inclusion in other works distributed both by already known and by any method not yet invented, without limiting the validity of these rights and any other rights that may be associated with the material sent or posted by the User, subject to the confidentiality conditions listed in this Agreement.
At the same time, the Site Owner also has the right to use the User’s Content in the above way for the purposes of the Site or in connection with them, including for its popularization. For these purposes, the Site Owner can also produce derivative works or insert the User’s Content as components in the corresponding collections, perform other actions that serve to achieve these goals.
The User confirms and agrees that he will not be paid remuneration or otherwise compensated for the use of the Content, as well as that the Site Owner is not obliged to indicate the User as the author of the Content.
3.5. If the User deletes his Content from the Site, the rights mentioned in clause 3.4. of the Agreement will be automatically revoked, but the Site Owner has the right to keep archived copies of the user Content for an indefinite period.
3.6. The Site Owner does not return to the User any materials posted by the User on the Site.
3.7. The User does not have the right to upload or otherwise make it publicly available (publish on the Site) The content of other sites, databases and other results of intellectual activity in the absence of the explicit consent of the copyright holder to such actions.
3.8. Any use of the Site or Content, except as permitted in this Consent or in the case of the copyright holder’s express consent to such use, without the prior written permission of the copyright holder, is strictly prohibited.
3.9. Unless otherwise explicitly provided in this Agreement, nothing in it can be considered as a transfer of exclusive rights to the Content.
3.10. No provisions of this Agreement grant the User the right to use the brand name, trademarks, domain names and other distinctive signs of the Site.
3.11. The User is personally responsible for any Content or other information that he uploads or otherwise makes available to us and to the public (publishes) on the Site or with its help. The User has no right to upload, transmit or publish Content on the Site if he does not have the appropriate rights to perform such actions acquired or transferred to him in accordance with the legislation of the Russian Federation.
3.12. The Site Owner may, but is not obliged to, view the Site for the presence of prohibited Content and may delete or move (without warning) any Content or users at his personal discretion, for any reason or for no reason, including without any restrictions the movement or removal of Content that, in the subjective opinion of the responsible persons of the Site Owner, violates this Agreement, the legislation of the Russian Federation and/or may violate the rights, harm or threaten the safety of other Users or third parties.
3.13. By posting Content on the Website, the User confirms that:
— such materials are the User’s own work and / or that the User has the right to provide it to the Company for all the above purposes; and;
— such materials do not contain slander and/or any information that offends the honor and dignity of the individual; and;
— the placement of such materials, as well as the materials themselves, does not violate any laws.
The User undertakes to reimburse the Site Owner for any legal costs, damages and other costs that she may incur as a result of the User’s violation of the terms specified in this Agreement.
4. The procedure for granting access
4.1. To gain access to the use of the Site, the User must have reached the age of majority (18 years) and be a consumer of tobacco products.
4.2. Access is provided free of charge and only for adult consumers of tobacco products.
4.3. To gain access, the User must register in accordance with the procedure established on the Website.
4.4. When registering on the Site, the User is obliged to provide the Site Owner with the necessary reliable and up-to-date information for the formation of the User’s personal page (Personal Account), including a unique login for each User (e-mail address or a combination of Latin letters and numbers for entering the Site) and a password for accessing the Site, as well as the last and first name, information about the age of the Consumer and his preferences. The Site Owner also has the right to request additional information from the User.
4.6. The User is responsible for the accuracy, relevance, completeness and compliance with the legislation of the Russian Federation of the information provided during registration.
4.8.As a login, words and names whose use is prohibited in accordance with this Consent, 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 the MCTU), brand names and commercial designations, if the User does not own exclusive rights to them, cannot be selected. If a violation of these terms is detected, the Site Owner has the right to prohibit the User from using the name assigned to them, including, if applicable, transferring the right to use it to the appropriate person (representative of the copyright holder). The User has the right to have no more than one personal page on the Site (Personal account).
4.9. The username and password chosen by the User are necessary and sufficient information for the User to access the Site. The user has no right to transfer his login and password to third parties, is fully responsible for their safety, independently choosing the method of storing them. The user can use the hardware and software used by him to allow the storage of the login and password (using cookies) for subsequent automatic authorization on the Site.
4.10. Unless proven otherwise by the User, any actions performed using his login and password are considered to have been performed by the corresponding User. In case of unauthorized access to the username and password and/or the User’s personal page, or the distribution of the username and password, the User is obliged to immediately inform the Site Owner about this.
4.11. Some of the information entered by the User during registration (Full name, city, e-mail address) may be available to all visitors to the site and may be collected and used by other persons, which may lead to unsolicited messages from other people.
4.12. It is not allowed for the User to sell or otherwise transfer to another person or organization the data necessary to gain access to the Site.
4.13. Access to the Site may be blocked and / or terminated as a result of a violation of this Agreement by the User, changes in legislation or the terms of this Agreement, on the initiative of the User himself.
4.14. In case of termination of access to the Site:
— login and password are deactivated.
— all Content uploaded by the User earlier can be deleted by the Site Owner. At the same time, the Site Owner has the right to continue using it for archiving and for reference purposes.
5. Rights and Obligations of the User
5.1. The User does not have the right to copy, reproduce, republish, upload, publish, broadcast, transmit, provide for public use or otherwise use the content of the Site.
5.2. The User agrees not to adapt, modify or create derivative works from any elements of the Site content, except for personal, non-commercial purposes. Any other use of the Site content is possible only with the prior written consent of the Site Owner.
5.3. The User is obliged to use the Site exclusively for legitimate purposes and in such a way as not to violate the rights of other users, not to restrict or prevent other people from accessing and using the Site.
5.4. The User understands and agrees that in connection with his use of the Site, he must:
— independently and at your own expense to pay for access to the Internet,
— provide all the equipment necessary for him to access the Internet, including a computer, software, modem and an Internet connection tool.
5.5. The User undertakes not to use the Site for downloading, sending, transmitting or any other method of posting materials that:
— protected by copyright, or intellectual property rights, if you do not have permission to do so from us or from the copyright owner;
— are illegal, harmful, threatening, slanderous, offend morality, promote hatred and / or discrimination of people on racial, ethnic, sexual, religious, social grounds, contain insults against specific individuals or organizations,
— restrict or prohibit any other user from using and enjoying the Site,
— encourage illegal behavior, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading facts.
5.6. The User, when visiting the Site and obtaining access (registration), guarantees that he does not: (a) impersonate another person or a representative of an organization and / or community without sufficient rights; (b) uploads, sends, publishes, transmits, reproduces, or otherwise uses any information or material obtained through the Site for commercial purposes (except when this is explicitly permitted by the supplier of such information or other material); (c) participates in sending spam; or (d) attempts to gain unauthorized access to other computer systems through the Site.
5.7. If this is not explicitly allowed, the User has no right to download, publish, reproduce, transmit the content of the Site.
5.8. The User is obliged to provide reliable, complete and up-to-date data, monitor their updating; inform the Site Owner about unauthorized access to the personal page and/or about unauthorized access and/or use of the User’s password and login.
5.9. The User undertakes not to perform the following actions:
— register as a User on behalf of or instead of another person («fake account») or register a group (association) of persons or a legal entity as a User;
— to mislead about your identity by using the username and password of another registered user;
— misrepresent information about yourself, including, but not limited to, information about your age;
— illegally upload, store, publish, distribute and provide access to or otherwise use the intellectual property of users and third parties;
— use the software and perform actions aimed at disrupting the normal functioning of the Site and its services;
— upload, store, publish, distribute and provide access to or otherwise use viruses, Trojans and other malicious programs;
— use automated scripts (programs) to collect information on the Site and (or) interact with the Site and its services;
— in any way, including, but not limited to, by deception, abuse of trust, hacking, trying to gain access to the login and password of another user;
— to carry out illegal collection and processing of personal data of other persons;
— post any other information that, in the opinion of the Site Owner, is desirable, does not correspond to the goals of creating the Site, infringes on the interests of Users or for other reasons is undesirable for posting on the Site.
5.10. If the User does not agree with this Agreement or its updates, the User is obliged to refuse to use the Site by informing the Site Owner about this.
5.11. The User has the right to quote text materials (literary works, articles) published on the Site, subject to the following conditions:
— the citation volume cannot exceed 10% of the total text volume;
— when quoting, it is mandatory to indicate the name of the author of the text, the name of the Site and the hyperlink to the Site.
Any other use of articles, photos, illustrations and all other materials of the Site without the written permission of the Site Owner, including copying (including recording on media), reproduction (including reproduction on Internet sites for any purpose, including reviews), processing, distribution, broadcasting, cable communication for public information, making it available to the public via the Internet, in any other way, is prohibited and entails liability provided for by the legislation of the Russian Federation on the protection of intellectual property.
5.12. Perform other duties that are set out in the relevant sections of the Site.
6. Personal data and other confidential information
6.1. The Website Owner considers it a priority to ensure the security of personal data and the privacy of Users.
6.2. The processing of the User’s personal data is carried out in accordance with the legislation of the Russian Federation.
6.3. The personal data transmitted by the User, as well as images, may be processed by the Company (collection, recording, systematization, accumulation, storage, clarification, modification, extraction, use, depersonalization, blocking, deletion, destruction, as well as other methods of processing, including, but not limited to, the transfer of data to third parties with whom the Site Owner has concluded contracts, including with the right to carry out cross-border data transfer to the territory of countries that provide adequate protection of personal data, according to the list, approved by the Federal Service for Supervision in the Field of Communications, Information Technologies and Mass Communications), both with the use of automation tools and without the use of such tools, exclusively for the implementation of the Site’s activities, for the formation of an information database about consumers of products from the Site’s catalog, for conducting surveys and social research, as well as for sending other information related to the Site’s activities and events.
6.4. The Website Owner has the right to request information and copies of documents from the Consumer in order to verify your age of majority (18+). At the same time, the Site Owner undertakes to destroy the copies of documents received after checking the age of majority.
6.5. The» Profile » of the Consumer posted in the «Personal Account» section may be available for viewing by other users of this site. Viewing User profile data is limited and is possible only in part of the following information: Full name, gender, age and city.
6.6. The Website Owner processes the received personal data until the processing goals are achieved.
6.8. The User has the right to withdraw his consent to the processing of his personal data in accordance with the current legislation.
6.9. The Website Owner does not sell or disclose the received personal data of Users to any third parties for their own marketing purposes.
7.1. Violation of this Agreement and the current legislation of the Russian Federation entails civil, administrative and criminal liability.
7.2. The Site Owner does not guarantee that the content and operation of the Site will be uninterrupted and error-free, that defects will be corrected, and that the Site or the server providing access to this site are free of viruses and software errors.
7.3. Users are responsible for their own actions in connection with the creation and placement of information on the Site in accordance with the current legislation of the Russian Federation.
7.4. The Site Owner is not responsible for the actions or omissions of any persons in relation to the use of the Site.
7.5. There are no technical solutions in the information system of the Site and its software that automatically censor and control the actions and information relations of Users on the use of the Site.
7.6. The Site Owner is not responsible for the User’s violation of this Agreement and reserves the right, at its sole discretion, as well as when receiving information from other users or third parties about the User’s violation of this Agreement, to change (moderate) or delete any information published by the User, 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, not responsible for any harm that may be caused to the User by such an action.
7.7. The Site Owner has the right to delete the User’s personal data and(or) suspend, restrict or terminate his access to any of the Site services if the Site Owner finds that, in her opinion, the User poses a threat to the Site and (or) other users. In this case, the Site Owner is not responsible for the temporary blocking or deletion of information carried out in accordance with this Agreement, or the deletion of personal data (termination of registration) of the User.
7.8. The Site Owner is not responsible for temporary failures and interruptions in the operation of the Site and the loss of information caused by them.
7.9. The Site Owner is not responsible for any damage to the User’s computer or any other person, mobile devices, any other equipment or software caused by or related to downloading materials from the Site or from links posted on the Site.
7.10. For the purposes of organizing the functioning and technical support of the Site and monitoring the User’s implementation of this Agreement, the Site Owner has the technical ability to access the personal data provided by the User.
7.11. The User undertakes to compensate the Site Owner for damage due to or as a result of violation of this Agreement, as well as in the event of technical failures in the operation of the Site or data transmission systems between the Site and the User or other persons caused by the User himself or any other persons accessing the Site using the data provided to the User.