1. CONDITIONAL AGREEMENT.
1.1 Conditional agreement is definitely present in this contract that are an integral part.
1.2 Definitions are interpreted on the basis of their nature and content of the present contract.
Below is a list of these definitions:
• Product is the object of the parties’ agreement.
• «SMSSoS» is product, which is the property of developer and distributed in any way possible as through the Internet, and not in it.
• User is any natural or legal person intending to obtain product and install it to the mobile device.
• Developer is lissovaslobidka.com.
2. GENERAL TERMS.
2.1 This offer (hereinafter – Agreement) defines the features of the Product «SMSSoS».
3. SUBJECT OF THE CONTRACT.
3.1 Providing user access to the Product and its use.
Product, provided the user: «SMSSoS».
Product use occurs according to the tariffs, the cellular operator of theUser.
4. Time of doing the contract.
4.1 The text of the Agreement is a public offer.
4.2 Acceptance of the offer is setting (installation) Product in the mobile device.
4.3 The fact that the installation Product is unconditional acceptance of this Agreement.
The user who installed product in a mobile device is considered as a person who has entered with the developer in a contractual relationship.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES.
5.1 Developer undertakes:
5.1.1 Since the conclusion of this Agreement to ensure full commitment to all users in accordance with the conditions set forth herein.
Developer reserves the right to default, in case of force majeure.
5.1.2 Do not disclose any personal information and do not provide access to this information to third parties, except as provided by law or at the request of the User.
5.2 The developer has the right to:
5.2.1 To modify this Agreement unilaterally, placing them on the server at http://lissovaslobidka.com/
All changes are effective immediately upon publication.
5.2.2 Inform the user about all the changes and additions regarding the Product and Developer News.
5.3 User undertakes:
5.3.1 Prior to the date of the Agreement to consult the Contract Offer.
5.3.2 In pursuance of its obligations to the developer user, the latter shall inform all the necessary information that uniquely identifies it as a User, and sufficient for the delivery of product users.
6.1 The developer is doing everything possible to provide a User’s access to the Product.
Advice and information given by the user, can not be considered as guarantees.
6.2 Parties are not responsible for any failure to perform their obligations under the Contract for the duration of the force majeure. Force majeure refers to an extraordinary and compelling under the given conditions, hindering the implementation of its obligations under this Agreement by the parties. These include: natural disasters (earthquakes, floods, etc.), social life circumstances (war, states of emergency, major strikes, epidemics, etc.), the prohibitive measures public authorities.
During this time, the parties have mutual claims, and each party assumes the risk of the consequences of his force – majeure.
7. PROCEDURE FOR DETERMINING THE RATE OF THE PRODUCT.
7.1 Fees for use of the Product is determined according to the tariffs, the cellular operator User.
8. Validity of the offer.
8.1 Validity of this offer is set to December 19, 2013 and is valid at all times User’s use of the Product.
9. OTHER CONDITIONS.
9.1 Product «SMSSoS» are the property of Yuri Fedorenko.
9.2 All disputes arising in the performance of obligations under this Agreement shall be resolved through negotiations.
If you can not eliminate them, the parties have the right to seek judicial protection of their interests.
9.3 The product is provided “as it is”
Neither the authors nor the holders of any developer will not be liable to any person whatsoever for the consequences, both direct and indirect, that may result from use of the Product «SMSSoS».
Developer shall not be liable for failure to obtain the expected result from the use of the User Product.
The developer is not responsible for the actions and the quality of goods and services required for the use of the Product, provided by third parties. These include, but are not limited to this list: performance of mobile devices, the actions and the quality of communication services provided by mobile operators, ISPs, GPS, etc.
The user uses the product at their own risk, without any warranty.
Otherwise, please refrain from the use of the Product «SMSSoS».
Product use «SMSSoS» implies full acceptance of these terms and failure forever from any and all claims of any nature to the authors, copyright holders and developers in connection with any use of products or the lack thereof results.
You will indemnify and hold us and our partners (and their officers, directors, agents and representatives) from any and all claims, expenses, losses, damages, judgments, tax assessments, penalties, interest and expenses (including, but not limited to fees lawyers) arising from any claims, audits, investigations, inspections, or other proceedings in person or entity that arises out of or relates to:
a) any actual or alleged breach of your representations, warranties or obligations set forth in this Agreement, including without limitation any violation of our policies «SMSSoS»;
b) your wrongful or improper use of the Product «SMSSoS»;
c) any illegal or fraudulent use of the Product «SMSSoS».