SMART DRIVER SERVICE CONDITIONS

ATTENTION! NOTE TO USERS: THIS AGREEMENT REGULATES YOUR RELATIONS WITH REACTIVE PHONE LLC ("REACTIVE PHONE") IN CONNECTION WITH THE USE OF THE SERVICE PROVIDED. YOU SHOULD USE THE SERVICE ONLY IF YOU AGREE WITH ALL THE ABOVE CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE. USE OF THE SERVICE MEANS YOUR CONSENT WITH THESE TERMS. DO NOT USE THE SERVICE IF YOU DO NOT AGREE WITH THESE TERMS.

Description of service
SmartDriver is a service that warns users about the dangers of driving while running on mobile devices.

Acceptance of Terms of Service
These Terms of Service (the "Agreement" or "Terms of Service") is a legal agreement between you, an individual ("You" or "User") and REACTIVE PHONE, in relation to the Service. The service includes an application for the SmartDriver mobile device ("Application"), and all information, graphics, database, text, products, services and all other elements of the application, as well as all products and services offered on the website http://ru-pdd.ru ("Website").

REACTIVE PHONE may at any time make changes to these Terms of Service. The amended Terms of Service shall enter into force upon publication on the Website. Please, regularly contact the published Terms of Service to certify that you are aware of all conditions governing the use of this Service by you.

REACTIVE PHONE has the right to make changes and updates to the Service at any time without notice. REACTIVE PHONE has the right to terminate or restrict access to the Service or any part thereof for any reason at its discretion.

Guarantees and reservations
THE SERVICE IS PROVIDED "AS IS" AND "IF AVAILABLE", THAT IS WITHOUT ANY DIRECT OR INDIRECT CERTIFICATES OR WARRANTIES, INCLUDING, IN PARTICULAR, THE WARRANTIES OF COMMERCIAL APPLICABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. REACTIVE PHONE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS ABOUT THE SAFETY OF THE SERVICE. YOU ACKNOWLEDGE THAT ANY TRANSMISSION INFORMATION MAY BE UNINTERRUPTED IN THE TRANSMISSION PROCESS OR OTHERWISE. REACTIVE PHONE DOES NOT WARRANT THAT THE SERVICE DOES NOT CONTAIN VIRUSES OR OTHER HARMFUL ELEMENTS.

USE OF THE SERVICE IS IMPLEMENTED BY YOU ON YOUR SOLUTION AND AT YOUR RISK UNDER THE CONDITION THAT YOU ARE EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR SITE, FOR THE LOSS OF DATA OR OTHER HARM CAUSED AS A RESULT OF SUCH ACTIVITY. REACTIVE PHONE IS NOT RESPONSIBLE FOR ANY COMPUTER VIRUSES OR OTHER SUCH SOFTWARE CODES LOADED TO YOUR COMPUTER THROUGH THE SERVICE. NO ORAL OR WRITTEN RECOMMENDATIONS RECEIVED BY YOU FROM REACTIVE PHONE OR FROM THE SERVICE, WILL NOT BE GUARANTEED IF THEY ARE NOT CONTAINED IN THE CONDITIONS OF SERVICE.

The service may contain indications of certain elements of the Service that may not be available (currently) in a particular country or have other limitations. REACTIVE PHONE can also refer your IP address to addresses from which access to the Service is not available, even if in fact you are in the country in which the Service operates.

IN NO EVENT SHALL REACTIVE PHONE OR ANY ITS AFFILIATED PERSONS BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, IN PARTICULAR, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR INTERRUPT OF PRODUCTION), INDEPENDENTLY REASONS AND LIABILITY, ACCORDING TO THE USE OR THE INABILITY TO USE THE SERVICE, UNAUTHORIZED ACCESS OR CHANGES TO YOUR MESSAGES OR DATA, ANY OF THE INFORMATION OBTAINED OR SENDED, INABILITY TO SAVE THE DATA, LOSS OF DAMAGE ANY LIABILITY, LOSS OR DAMAGE TO THE FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES PROVIDED BY THE SERVICE WHICH HAVE BEEN DETAINED OR INTERRUPTED, EVEN IF THE REACTIVE PHONE HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. ANY CLAIMS AGAINST REACTIVE PHONE, RELATED TO THE SERVICE, MAY BE SUBMITTED AND SHOULD BE REPORTED TO A REACTIVE PHONE FOR ONE YEAR FROM THE DATE OF THE ARISING OF THE BASIS OF THE SUIT.

In some jurisdictions, the exclusion of implied warranties or restrictions is prohibited, therefore the above limitations may not apply to you.

Your guarantees
THIS YOU GUARANTEE THAT: (i) ALL INFORMATION PROVIDED BY YOU REACTIVE PHONE IS TRUE AND EXACT; (Ii) YOU HAVE ALL RIGHTS AND AUTHORITIES FOR THE USE OF THE SERVICE AND ACCEPTANCE OF THESE SERVICE CONDITIONS; (Iii) YOU WILL RECEIVE ALL GOVERNMENTAL PERMITS REQUIRED FOR CARRYING OUT THE SERVICE CONDITIONS; (Iv) YOU MUST OBLIGATE ALL YOUR RESPONSIBILITIES UNDER THE TERMS OF SERVICE UNDER APPLICABLE LAW.

Validity
The term of these Terms of Service ("Term") starts from the time you start using the Service and is valid for an unlimited period of time, except for the cancellation of REACTIVE PHONE. REACTIVE PHONE has the right to change, suspend or terminate the provision of the Service or any part of the Service at any time. Without prejudice to any other rights, these Terms of Service automatically terminate if you breach any restrictions or other requirements provided for in these Terms. If you cancel or terminate the Terms of Service, you must immediately stop using the Service.

Payments
All rights granted to you by these Terms of Service depend on your compliance with the Terms of Service and payment of applicable fees, if any, provided that REACTIVE PHONE is entitled to provide the Service free of charge and that REACTIVE PHONE may, at its discretion, provide the Service or its individual elements For a fee.

ANY PAYMENTS IN REACH OF REACTIVE PHONE FOR THE USE OF SERVICES AND THE BASIS OF HAZARDS WILL NOT BE REFUNDED. ACCEPTING THESE TERMS, YOU AGREE THAT YOU WILL CONSUME THE APPLIED APPOINTMENTS ONLY ON A LIMITED VOLUME OF SERVICES.

REACTIVE PHONE reserves the right to change the cost of the Service at its sole discretion. The payment in favor of REACTIVE PHONE does not reserve the prices valid at the date of payment. You may not claim any element of the Service from REACTIVE PHONE at a price different from the current one.

Links to other sites and third-party materials
To use the Service, you may need to obtain and / or use certain products, services and / or materials of third parties ("Third Party Materials"). Materials of third parties (i) are not licensed under this Agreement; (Ii) are not controlled or licensed by REACTIVE PHONE; And (iii) are subject to the relevant licenses, terms and conditions of such third parties that you need to conclude before or after the installation and / or use of the Materials of third parties and before the effective use of the Service. Notwithstanding any provision to the contrary, nothing in these Terms of Service shall be deemed to grant you any rights or licenses with respect to such Third Party Materials and does not authorize you to use such Third Party Materials.

Intellectual property
Copyright, trademarks and all other proprietary rights to the Service and / or Content (including, in particular, software, services, audio, photos, video and text) are owned by REACTIVE PHONE and / or its licensors. Except where otherwise specifically authorized or with the written permission of REACTIVE PHONE, all rights to the Services and / or Content not provided under this Agreement are reserved to their respective owners. You may not copy, republish, provide for downloading, transfer, modify, rent, lease, lend, sell, assign, distribute, license, sublicense, decompile, or create derivative works based on the Service and / or Content. Notices of copyright and other rights must be contained on all material reproductions. Content and Services are provided to you for use for your personal non-commercial use within the functionality of the Service.

REACTIVE PHONE hereby declares that REACTIVE PHONE does not have rights to trademarks, service marks, trade names, copyrights, patents, domain names and other intellectual property of third parties. All third party intellectual property rights specified in this agreement, including, in particular, Third Party Materials, are the property of their respective owners. REACTIVE PHONE declares that there is no interest in any other intellectual property rights other than its rights.

REACTIVE PHONE displays a graphic image indicating that the Service belongs to the REACTIVE PHONE. Some of the products and services of REACTIVE PHONE may be provided without designations.

Reviews
You can periodically provide REACTIVE PHONE with your suggestions, comments and feedback regarding the Service (the "Feedback"). You agree that all Reviews are and must be completely voluntary and, in the absence of a separate agreement, do not impose obligations on REACTIVE PHONE on confidentiality. REACTIVE PHONE reserves the right to disclose and use the Feedback at its sole discretion without any obligation to you.

License for your materials
You hereby grant REACTIVE PHONE a non-exclusive and sub-licensed, royalty-free, subject to assignment and not requiring any payment of the right to bring to the public information, storage, downloading, adaptation, modification, editing, transformation, modification, creation of derivative works, installation, Distribution, display and provision to any third parties or other users of the Service (the "Use") of your content, communicated to the public or transmitted by REACTIVE PHONE through the Service on the territory of the whole world during the whole period of validity of the exclusive right to your content.

Prohibited use
You are not entitled to use the Service for any purposes that are illegal, prohibited by these Terms of Service or in any way interfere with or attempt to interfere with the normal operation of the Service. You may not use the Service in a way that damages, blocks, overloads or causes damage to this Service or that prevents the use of the Service by a third party. You agree not to use third-party software that intercepts or otherwise collects information from the Service. You are not entitled to receive or attempt to obtain materials or information by means that are not specifically provided by REACTIVE PHONE to all users of the Service. You may not initiate, facilitate or participate in attacks on any REACTIVE PHONE server or attempt to disrupt the REACTIVE PHONE servers. ANY ATTEMPT TO DAMAGE REACTIVE PHONE SERVERS OR TO UNDERSTAND THE LEGAL FUNCTIONING OF REACTIVE PHONE IS VIOLATION OF CRIMINAL AND CIVIL LEGISLATION. IF SUCH AN ATTEMPT WILL HAVE A SITE OR WILL BE ASSISTED IN THE IMPLEMENTATION OF SUCH AN ATTEMPT, REACTIVE PHONE WILL REQUIRE A REFUND FROM THE SUCH USER OF INDEMNIFICATION TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Compensation
You hereby under take to indemnify and defend REACTIVE PHONE, its affiliates, employees, directors, agents and employees from any costs, losses, claims, damages, fines, penalties or liabilities, including reasonable payment for the services of legal advisers and other professionals to be paid on any Judgment, verdict, court order or settlement, if any arise on the basis of any claim, claim, proceeding, process, arbitration or other proceedings, initiated Third parties, including sanctions, claims or claims of state authorities or institutions arising from the violation of these Terms of Service, including, in particular, violation of your intellectual property and / or property rights of third parties, including, in particular, patents, trademarks , Copyrights, trade secrets, business connections and / or confidentiality.

Links to the Website
Providing links to the Website is allowed provided that you comply with the following rules. You can place links to the main page of the Website and to any other pages of the Website, but it is prohibited to use line links or use the resources of other servers, if it could harm the Service or Users. You should not indirectly indicate that the REACTIVE PHONE supports or sponsors the person providing the link, his site, products or services. You may not use the intellectual property of REACTIVE PHONE, including, in particular, trademarks, trade names, copyrights, without the prior written consent of REACTIVE PHONE or the permission granted herein. You must also delete the link at any time at the request of REACTIVE PHONE.

Applicable right
These Terms of Service are governed and interpreted in accordance with the laws of the Russian Federation. You agree to the exclusive jurisdiction of the courts of the Russian Federation in respect of any claims or grounds for actions arising, connected or relating to these Terms of Service or Service, provided that such exclusive jurisdiction does not apply to legal actions initiated or performed by REACTIVE PHONE.

REACTIVE PHONE does not accept liability and risks, if for any reason the Service violates the national laws of any state. Persons who access the Service do so on their own initiative and are responsible for compliance with their country's legislation.

This document is presented in English for


© 2010-2015, Reactive Phone LLC, affiliates and licensors. All rights reserved.