This User Agreement (hereinafter referred to as the "Agreement") governs the relationship between Sole Proprietor Maksim Viktorovich Shiyanov (actual business address: Russia, Voronezh Region, Pavlovsk, Krasny Pakhari St., 49) - the administration of the Mindbook service (hereinafter referred to as the "Administration"), providing an unlimited number of people with the ability to upload, post, store, view, promote, sell, buy, and perform other actions regarding Materials, and an individual using any of these service features (hereinafter referred to as the "User").
By using https://mindbook.ai/, (hereinafter referred to as the Service) including the Site, the User confirms that they have read and fully agreed (accepted) the terms of this Agreement without any changes or exclusions, and the User undertakes to use the Service, including the Site, in accordance with the norms of the current legislation of the Russian Federation, not to interfere with the operation of the Service and/or Site, and not to attempt to access the Materials and functions of the Service and/or Site in ways not directly provided by the Administration.
If the User does not agree with the terms of this Agreement, to terminate the Agreement in relation to them, the User must delete their account (if the User has previously registered on the Site) and cease using the Service, including visiting the Site.
The Administration has the right to send the User notifications, messages, and other informational materials related to the process and methods of using the Service. The User has the right to refuse to receive some notifications and messages from
1. TERMS USED IN THE AGREEMENT
1.1. Service - the provision of the Service through the site https://mindbook.ai/.
1.2. Service Service - an integrated software and hardware technology complex of the Administration, containing information available to an unlimited number of people and allowing anyone to access such information with the right to purchase it from any place and at any time of their choice using a computer and/or other, including wireless, portable device (PDA, cell phones for cellular networks or other wireless networks, etc.) using any technologies, standards, and protocols (web, wap, IP TV, etc.) as well as through software specifically developed for specific mobile operating systems (iOS, Android, Windows Phone, etc.) cell phones for cellular networks (mobile applications), software specifically designed to bring audio, video and audiovisual works to the general public of Internet users using devices such as television receivers, either independently or using additional equipment providing access to the Internet and viewing the above-mentioned works (Multiscreen TV, STB, Smart TV, etc.).
1.3. Site - a part of the Service, an Internet site representing an integrated set of software and hardware and technical means, as well as information expressed in text, graphic, video, audio, and other forms, available in an interactive mode on the global Internet and identified by its unique address (URL): https://mindbook.ai/.
1.4. Embed - an embeddable part of the Site, using html code containing a link to the Site player, ensuring the display of Materials on third-party websites without redirecting to the Site.
1.5. Author - a User registered on the Site to gain access to additional features of the Service. Any user who has reached the age at which they can enter into a legally binding contract with the Administration of the Service can become an Author.
1.6. Materials - audio, video, and other (multimedia) materials (including audiovisual works) uploaded (posted) by the Author directly on the Service Site, graphic and text materials (including user pics, comments, texts, etc.) uploaded (posted) by the Author on the Service Site.
1.7. Rightsholder - a legal or natural person who owns the rights to use the audiovisual work (in whole or in part) and has provided the Administration with the original materials of the audiovisual works, the right to use which belongs to them, within the framework of interaction and cooperation, including for the purpose of protecting the Rightsholder's rights to use the above-mentioned audiovisual works.
1.8. System - a computer program that allows comparing Materials with the original materials of audiovisual works provided by the Rightsholders, and in case of identifying Materials containing fragments (in part of the audio, video, or audiovisual sequence) with the audiovisual work of the Rightsholder, processing such Materials and taking actions agreed with the Rightsholder, based on the functionality of the System.
1.9. Channel - a section of the Site provided to a specific Author upon their registration, in which the Author can post and/or delete Materials, perform other actions regarding this section within the technical capabilities of the Service, including the Site.
1.10. Commission - a payment in the form of a percentage of the User's Material sales amount, which is charged to the Service or referral users.
1.11. Referral User - a User who invited another User to use the Services of the Service.
2. USER REGISTRATION AND ACCOUNT PROCEDURE
2.1. To gain additional options on the Service Site, the list of which is determined by the Administration unilaterally (in particular, the ability to upload, store, post, buy, sell, and classify Materials), the User must create an account on the Site (register) by filling in the fields in the "Registration" section of the Site and providing all personal data requested by the Administration.
2.2. If the User intends to sell their Materials and/or act as a Referral User and will be requesting withdrawals from a virtual account, they must provide the Administration with the details of their settlement account to which payments will be made.
2.3. The User's access to their account is carried out using login credentials: login (email address) and password.
2.4. To complete the registration process (creating an account), the User must click the "I accept the terms of the User Agreement and Privacy Policy" button in the Site interface.
2.5. After successfully completing the verification process of personal data, the User's account is created, and the User's virtual account is opened on the Service Site.
2.6. Posting and storing Materials on the Site, their sale, as well as using other services provided by the Service, are possible only after the User's registration is completed. The personal information of the Author, which becomes known to the Service during registration and use of the Service, is stored and processed by the Administration in accordance with the privacy conditions.
2.7. The Author has the right to edit and/or delete their account from the Site at any time.
2.8. Account deletion is carried out in the following order:
a). The Author clicks on the "delete profile" button in the Site menu. Immediately after pressing the button specified in this clause of the Agreement, the account is automatically blocked for 30 days, during which the Materials and other data of the Author posted using it are not deleted but are hidden from other Authors and Users;
b). The User can restore their account by logging in within the specified 30 days on the Site using their account login credentials (login and password). After that, the User's account will be restored, and access to the specified Materials and other data of the Author will be resumed in the volume that existed at the time of blocking (except for Materials that violate the terms of the Agreement, other regulations governing the operation of the Site and Service, and the current legislation of the Russian Federation);
c). If the User's account is not restored within the specified 30 days, after this period, the account, the entire volume of Materials, and other data of the Author posted using this account will not be subject to restoration.
2.9. The Administration has the right to block or delete the Author's account independently and at its discretion in case of the Author's non-use of the Site (not logging in with their login and password) for 12 calendar months from the date of the last authorization, as well as in other cases of violations listed in clause 4.6 of this Agreement, provided for by this Agreement.
2.10. By accepting the terms of this Agreement, the User confirms their consent to the processing by the Administration of their personal data provided during registration, as well as voluntarily posted by the User on their personal page. The processing of the User's personal data is carried out in accordance with the legislation of the Russian Federation and the Privacy Policy.
3. AUTHOR'S RESPONSIBILITY
3.1. The Author bears full responsibility for any actions carried out in the process of using their account and must:
a). ensure the confidentiality of the password that provides access to their account;
b). take measures to change such a password in case of any suspicion of a breach of confidentiality concerning the password to their account.
3.2. The Author is solely responsible for the security (resistance to guessing) of the password they have chosen (or not changed the temporary one), as well as for ensuring the confidentiality of their password. The Author is solely responsible for all actions (and their consequences) performed within or using the Site services under the Author's account, including cases of voluntary transfer by the Author of access data to the account to third parties under any conditions (including agreements or contracts). In this case, all actions within the Site under the Author's account are considered to have been performed by the Author themselves, except for cases when the Author, in the manner prescribed by this Agreement, notified the Administration of unauthorized access to the Site using their account and/or any breach (suspicions of breach) of the confidentiality of their password.
3.3. The Author places, sells, or deletes Materials on the Service under the terms defined by this Agreement and the Administration.
3.4. The Administration grants the Author the right to post information about themselves, namely: username on the site, logos, trademarks, other means of individualization of the Author, their goods, services, brief information about the Author's Materials posted/uploaded on the Service, a link to the Author's official website, the Author's images. This information is not an advertisement for the Author or their goods and services and is posted solely for their identification on the Service as the Author of the posted/uploaded Materials and Information. The Author is solely responsible for any Information and/or Materials they post on the Site.
3.5. The Author can independently partially or completely delete the Materials and/or Information they posted (uploaded) directly on the Service through the Site at any time. If the Materials have already been paid for by the User, they will be available to the User who paid for the Materials but will not be available to other Users.
3.6. The Author independently monitors the Materials posted by other Users together with the Materials posted in the Author's Channel (comments), and is fully responsible for the violation of the terms of this Agreement or the current legislation of the Russian Federation by such comments. In the event that any comments contradict this Agreement or the current legislation of the Russian Federation, the Author is obliged to inform the Administration as soon as possible by sending a request on the site indicating the link to the Material together with which the comment is posted.
3.7. The Author agrees that by posting Materials on the Site, they assume full responsibility for the content of such Materials and undertakes to independently resolve all claims and demands of third parties related to the violation of the legislation of the Russian Federation or the rights and legitimate interests of third parties as a result of posting Materials on the Site and/or other services of the Service, and must take all actions related to the resolution of the claims and/or demands specified above independently and at their own expense.
3.8. Each Author, being the owner of the Channel provided to them, independently carries out all actions required by the legislation of the Russian Federation concerning the number of Users who visited their Channel (viewed their Materials on this Channel, left comments on their Materials, etc.) within a day, including tracking such a number of Users in cases provided for by the legislation of the Russian Federation.
4. CONDITIONS FOR POSTING MATERIALS
4.1. The Author is not paid any remuneration by the Site Administration for the uploaded Materials, unless otherwise expressly provided by this Agreement.
4.2. The Author, who posted (uploaded) Materials directly on the Service via the Site, from the moment the process of posting (uploading) the relevant Materials begins, transfers to the Administration the right to freely use the Materials and/or their individual parts (fragments) by providing broad access to the Materials and/or their individual parts (fragments) and bringing the Materials and/or their individual parts (fragments) to the public within the Site and other services possible for the Service (mobile applications, IP TV, and others), as well as by placing Embeds on any other Internet resources, posted on the global Internet, so that any person can access any Materials from any place and at any time of their choice with subsequent storage in the memory of a computer and/or other wireless portable device and/or using technical search and management techniques (Video on Demand, Subscriber Video on Demand, Near Video on Demand, Pay Per View, etc.), including using IPTV, ISDN, WAP and any other technologies, including wireless, or other analog and digital telecommunication and other networks, any communication systems), as well as by including the specified Materials or any of their parts (fragments) in any other audiovisual works and creating derivative audiovisual works, and by broadcasting the Materials on air and by cable, without paying any remuneration (unless otherwise expressly provided in special provisions posted by the Administration on the Site), worldwide for the duration of the exclusive rights to the Materials without any restrictions on the duration and volume of use.
4.3. The Author agrees to the Administration granting third parties the right to use the Materials (sublicense) to the extent determined by the Administration, both on a paid and free basis.
4.4. The Administration has the right to place on the pages of the Site containing the Author's Materials, as well as reproduce via the Service together with the Materials, advertising materials, videos, banners, and announcements, including those of third parties, modify and process the Materials, and use the Materials for other commercial purposes.
4.5. The Author guarantees that they have all the necessary rights to use and sell the Materials, including permitting their use in accordance with the terms of this Agreement, and is fully responsible for their posting and use. The Author guarantees that posting the Materials on the Service and their further use does not violate the personal or property rights of others, including but not limited to copyright, related rights, patent rights, the right to privacy, the protection of honor, dignity, and good name, the right to the image of a citizen, etc.
4.6. In case of situations where the Administration has doubts that the Author owns the rights to any Materials posted by them (including this fact identified by the System), or grounds to believe that the Materials violate any rights or legitimate interests of third parties, or if the content of the Materials contradicts the requirements of this Agreement and/or the current legislation of the Russian Federation, the Administration has the right, at its discretion, to remove the relevant Materials from the Service or perform actions agreed with the Rightsholder based on the functionality of the System (if it is established that the Rightsholder owns the right to use the Materials). In this case, the Administration is not obliged to notify the Author of the actions specified above, including the removal of Materials or the reasons for performing the actions specified above. This clause of the Agreement does not mean and cannot be interpreted as imposing on the Administration the obligation to regularly moderate (control the content of) Materials posted on the Service.
4.7. The Administration also reserves the unilateral right to remove from the Service and/or Site Materials that are not directly prohibited by the terms of the Agreement but are recognized by the Administration as inconsistent with the Administration's policy regarding the content of Materials or ambiguous, as a result of which there are risks of recognizing these Materials as inconsistent with the norms of the current legislation of the Russian Federation.
4.8. If the Administration becomes aware of a possible violation of the terms of this Agreement, the Administration reserves the right to decide on the extent and nature of such a violation, as well as to remove the Materials or impose age and other restrictions on User access to the Materials. In case of violation of the terms of the Agreement or the current legislation of the Russian Federation by the User, the Administration has the right, at its discretion and sole decision, to restrict the User's access to the services (features) of the Service without any notification to the User about this.
4.9. The responsibility for unauthorized copying and use of the Materials lies with the persons who illegally used the Materials posted (uploaded) on the Service.
4.10. To improve the quality of services and inform the Authors about new services and features of the Service, the Administration has the right to send informational messages to the Author at the email address provided during registration on the Site.
5. LEGAL REQUIREMENTS FOR MATERIALS
5.1. The Materials posted on the Service must comply with the following conditions:
5.2. The Materials and actions of the Author must not violate the current regulatory legal acts of the Russian Federation, offend morality, honor, and dignity, rights and legally protected interests of third parties, violate copyright and related rights, promote hatred and/or discrimination of people based on race, ethnicity, gender, or social affiliation, incite religious, racial or ethnic hatred, contain scenes of violence or cruelty to animals, etc.;
5.3. The Materials and actions of the Author must not violate or infringe on the rights of minors;
5.4. It is prohibited to post Materials that the Author does not have the right to make available by law or according to any contractual relationships;
5.5. It is prohibited to post Materials that unlawfully affect any patent, trademark, trade secret, or copyright and related rights of a third party;
5.6. The Author is not allowed to upload, post, or distribute unsolicited and unauthorized advertising and correspondence, spam, invitations to participate in financial pyramids, or impose goods or services in other ways;
5.7. It is prohibited to post Materials containing computer codes designed to disrupt, destroy, or limit the functionality of any computer or telecommunications equipment or software, to gain unauthorized access, as well as serial numbers for commercial software products, logins, passwords, and other means of obtaining unauthorized access to paid resources on the Internet;
5.8. The Materials and actions of the Author must not intentionally or accidentally violate any applicable Russian or international regulatory legal acts;
5.9. The Materials must not contain drug propaganda;
5.10. The Author is not allowed to post Materials that can cause harm, contain threats, obscene language, rude and offensive expressions and suggestions, contradict generally accepted norms of morality, unlawfully use personal information of third parties (including, but not limited to, mentioning any names, addresses, and phone numbers or any other personal contact information without the consent of the owner);
5.11. It is prohibited to post pornographic Materials;
5.12. The User is not allowed to collect and store personal data of other Users. The User undertakes not to use the Service to collect information for commercial purposes, as well as not to survey other Users in any way for commercial purposes;
5.13. The User is not allowed to impersonate another person or representative of an organization and/or community without sufficient rights, including, but not limited to, Administration personnel, and also not to spread false information about their affiliation with the Administration and any other individuals and legal entities;
5.14. The Administration has the right, at its discretion and without any notice to Users, to set any informational messages (textual or in the form of appropriate images) notifying Users of age or other restrictions regarding any Materials, and also directly restrict access to any Materials for Users based on any criteria (for example: based on the User's age, the presence of a User account on the Site, the location of the User, etc.);
5.15. The Administration also has the right to replace or delete words and expressions that can be considered offensive or infringe on the rights of third parties, as well as to make other changes or additions to the Materials solely to bring them into compliance with the current legislation of the Russian Federation;
5.16. The User undertakes not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise use any Materials sold on the Service by third parties, including other Users and the Administration, except as provided by this Agreement and the terms of the Service;
5.17. The Administration is not responsible for the content of the Materials and for their compliance with the requirements of current regulatory legal acts, for the violation of copyright, unauthorized use of trademarks, commercial designations, etc., as well as for possible violations of the rights of third parties in connection with the posting of Materials on the Service and/or their use in accordance with the terms of this Agreement. In the event of claims from third parties related to the posting of Materials on the Service and/or their use, the Author independently and at their own expense resolves the specified claims. The Administration is also not responsible for harm caused to the User by third parties, including through the Service or Site and/or using the capabilities of the Service or Site;
5.18. The Administration strives to ensure the uninterrupted operation of the Service, but is not responsible for the complete or partial loss of Materials uploaded/posted by the Author, as well as for insufficient quality or speed of services provided for posting, reproducing, and displaying Materials or Information.
6. THIRD-PARTY SITES AND CONTENT
6.1. The Site may contain links/buttons that allow the User to navigate to other Internet sites and/or audio/video/text materials posted on them (hereinafter referred to as "Third-Party Content"). Such links/buttons and Third-Party Content are not checked by the Service Administration for compliance with User requirements, the norms of the current legislation of the Russian Federation, and this Agreement, and the Service is not responsible for any materials posted on third-party Internet sites that the User accesses during the use of the Service, including any opinions or statements expressed on third-party Internet sites, advertisements, etc., as well as the availability (level of service) of such Internet sites or Third-Party Content and the consequences for the User of their use and navigation to such Internet sites.
6.2. The Author may post and/or use links or information about Third-Party Content on the Site using the special features of the Service (e.g., social network applications).
6.3. To improve the quality of the Service, the Service may cache (temporarily store on the Service) information about Third-Party Content. The Service strives to minimize the caching time of such information, but caching is permissible for up to 7 days.
6.4. With the Author's consent, the Service may also use materials accessible to the Author on third-party Sites solely to improve the quality and volume of the Service's services for the Author.
7. TECHNICAL REQUIREMENTS FOR MATERIALS
7.1. Materials are posted on the Service if the Author sends them in accordance with the technical requirements established by this section of the Agreement. The Administration has the right not to post Materials if they do not meet these requirements.
7.2. Video and audio Materials must be provided in common formats (Windows Media Video, Apple QuickTime, MPEG 1-4, DivX, XviD, 3gp, AVI) with a duration of no more than 120 minutes. To identify the Author, the Material viewing page may contain the information specified in clause 3.4 of this Agreement.
7.3. Materials are posted on the Service by uploading through the user interface of the Site.
8. TERMS OF SALE OF MATERIALS
8.1. A registered User has the right to dispose of the Materials they post on the Resource at their discretion, including selling them, provided that clause 4.5 of this Agreement is observed.
8.2. The User can agree to sell all the provided Materials or selectively at their discretion.
8.3. In case of violation by the User of the terms of clause 4.5 of this Agreement or the occurrence of copyright claims from third parties, the Administration has the right to unilaterally, without the User's prior consent, temporarily or permanently close access to the User's Materials or remove them from the Site.
8.4. The User determines the sale price of the Materials independently at their discretion.
8.5. The minimum Commission threshold for the sale of User Materials is 25% (twenty-five percent). It is set if the Buyer came to the site without the participation of a Referral User.
8.6. If the Buyer was brought to the site by a Referral User, the commission is 50% (fifty percent) and consists of the following deductions:
a). 25% - mandatory Administration commission;
b). 25% - commission to the Referral User (the user who brought the buyer) from all payments of the buyer within a year after the buyer's initial registration;
8.7. The commission rates may be revised unilaterally by the Administration with subsequent notification of the Users.
8.8. When calculating the Commission, if the commission amount has more than 2 decimal places, the Commission amount is rounded up to two decimal places.
8.9. The Administration keeps records of User Material sales. In the sales statistics, the User can view the sales and purchase history in the corresponding section of the Site.
8.10. Monetary accruals for the sale of Materials are accumulated in a virtual account attached to the User's account.
8.11. The User has the right to request the withdrawal of funds from their virtual account attached to their account at any time at their discretion by transferring to their bank account. The condition for withdrawing funds is the existence of a legal agreement between the User and the Site Administration. The amounts that were credited by the User for the purchase of Materials posted on the Site cannot be returned to the User's bank account.
9. RULES FOR PURCHASING MATERIALS
9.1. The User can purchase Materials only if they have an account on the Site with a virtual account attached to it and have sufficient funds in that account to make the desired purchase.
9.2. The Site lists the available methods and sources for the User to replenish their virtual account.
9.3. Funds in the User's virtual account are stored for an unlimited amount of time.
9.4. Purchase records are kept on the Site by the Administration. The statistics on deductions for the purchase of materials can be viewed in the corresponding section of the Site.
10. DISCLAIMER OF WARRANTIES
10.1. The Site Administration reserves the right to modify the Site and its content. The Author remains responsible for providing their own access to the Service (e.g., computer, mobile device, Internet connection, etc.). The Site Administration is not responsible for any content posted on the site and cannot guarantee the availability of such content, its compliance with the terms set forth in this agreement, or its suitability for any user.
10.2. The User fully understands and acknowledges that:
(a) they use the services entirely at their own risk. The services are provided "as is" and "as available". The Administration expressly disclaims any warranties, whether express or implied, including, but not limited to, warranties of quality, fitness for a particular purpose, and non-infringement.
(b) the Administration does not guarantee that
(1) the services will meet the user's requirements;
(2) the services will be uninterrupted, timely, error-free, and secure;
(3) the results obtained from the use of the services will be accurate or reliable;
(4) the quality of any products, services, information, and other materials obtained or purchased by the user through the site will meet the user's expectations; and
(5) any errors in the software will be corrected;
(6) the Service will be allowed in the user's jurisdiction.
(c) downloading or obtaining any material in any other way during the use of the services is carried out at the user's own risk, and they are fully responsible for any damage to their computer, data loss, and other consequences.
(d) no advice or information obtained by the user orally or in writing from the Administration or through the services shall create any warranties not expressly stated in the terms of this agreement.
10.3. Limitation of liability: the user fully understands and acknowledges that the Administration is not responsible for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, lost profits, damage from use, loss of data, or any other intangible losses, damage to reputation, and other damages (even if the Administration has been advised of the possibility of such damages), arising from:
(1) the use or inability to use the services;
(2) changes to the terms of the agreement, obtaining data instead of those acquired through or through the services, or as a result of transactions made, messages, and information received from or through the services;
(3) unauthorized access to the user's data or changes to the data transmitted by them or stored on the server;
(4) statements or behavior of any person on the site; and
(5) any other case related to the provided service.
11. MISCELLANEOUS
11.1. The applicable law for this Agreement is the law of the Russian Federation. All disputes regarding the Agreement are resolved in accordance with the current legislation of the Russian Federation at the location of the Administration.
11.2. A person who believes that their rights and interests have been violated due to the actions of the Administration or third parties in connection with the posting of any Materials on the Service is obliged to notify the Administration about this.
11.3. The current version of the Agreement is located on the Site page at: «https://mindbook.ai/s/info_user_agreement/». The User agrees that this Agreement may be unilaterally changed by the Administration without any special notification by publishing the Agreement in a new edition on the Site page at the address. Any changes to the Agreement take effect from the moment the new edition of the Agreement is published on the Site. Continuing to use the Service after the publication of the new edition of the Agreement on the Site will mean the User's consent to the changes in the Agreement. In case of disagreement with the changes to the Agreement that have come into force, the User must independently stop using the Service by deleting their account on the Site.
11.4. In the event of the adoption of regulatory legal acts by the authorities of the Russian Federation that affect the operation of the Site in whole or in part, the Administration reserves the right to make any changes to the operation of the Site aimed at bringing it in line with the new regulations.
