ATTENTION! IF YOU INSTALL THE ADAPTIVE PRODUCT OF DESKTOP AND MOBILE MAMBA WEBSITES, CREATE A PERSONAL PAGE WITH IT, HEAD OVER TO YOUR PERSONAL PAGE OR THE PAGE OF ANY OTHER LICENSEE IN THE UNIFIED MAMBA DATING AND COMMUNICATION SERVICE, OR DOWNLOAD OR COPY ANY CONTENT POSTED IN IT, OR OTHERWISE USE ADAPTIVE PRODUCT OF DESKTOP AND MOBILE MAMBA WEBSITES, THEN YOU ACCEPT THIS LICENSE AGREEMENT AND AGREE TO ALL ITS TERMS WITHOUT ANY LIMITATIONS.
This License Agreement (hereinafter referred to as the “Agreement”) governs the relationship between Mamba JSC, hereinafter referred to as the “Licensor”, and you, the Licensee of the Dating Service (hereinafter referred to as the “Licensee”), in relation to the use of the Dating Service.
The Dating Service means a Computer program Adaptive Product for Desktop and Mobile Mamba Websites (registered in the Unified Register of Russian Programs for Electronic Computers and Databases on November 25, 2022, Registry Entry No. 15643) which ensures the functioning of the Mamba Unified Dating and Communication Service on both mobile devices and desktop computers using the browser. The Dating Service is represented in an objective form by a set of data and commands, and generated audiovisual displays (including its constituent graphic images and user interface), (hereinafter referred to as the Data and Commands) intended for the operation of computers and mobile devices in order to obtain a certain result in the form of organization of the functionality of the dating and communication service. The set of data and commands consists of the activated and non-activated data and commands.
The Dating Service allows the Licensees, if they have access to the World Wide Web, to create their own Personal Pages and get acquainted with the Personal Pages of other Licensees, search for information about other Licensees by certain parameters (gender, age, etc.), exchange messages with other Licensees, conduct and view online broadcasts, post, copy and download the photos and other Content, use other functionality of the Dating Service. The rights to use the data and commands (activated and non-activated) shall be transferred by the Licensor to the Licensee on the terms specified herein.
The Dating Service, including the technical and organizational support, shall be operated and maintained exclusively by the Licensor and represents its obligation (subject to the provisions of Article 5 hereof), which ensures the possibility of granting rights to the Licensee. Participation of the Licensees in the Dating Service takes place in an interactive (online) mode by connecting the Licensee via the World Wide Web. The Licensor is the owner of the necessary scope of rights to the Dating Service as a computer program and to all its constituent parts, taken both individually and in the aggregate, as well as the audiovisual elements generated by it, with the exception of the Content not posted in the Dating Service by the Licensor, the right to elements of which may belong to third parties. The Licensor shall be entitled to use, operate and distribute the Dating Service in the respective territories, where it ensures its use, operation and distribution.
The Licensor means the Mamba Joint Stock Company, which grants the Licensee the right to use the Dating Service under a non-exclusive license and makes available to the public, distributes, operates, maintains, and administers the Dating Service. The Licensor is a Party hereto.
The Licensee means an individual who has reached the age of 18, has the legal capacity to enter into this Agreement, is a member of the Dating Service, who, in accordance with this Agreement, is granted the right to use the Dating Service under the terms hereof. The Licensee is a Party hereto.
The Content means the design elements, illustrations, graphics, photos, scripts, texts, videos, music, sounds and other objects posted in the Dating Service, which are, among other things, the results of intellectual activity, the rights to use which may belong to the Licensor, the Licensees or other persons.
The Applications mean the computer programs (games, electronic services, etc.) or their elements placed in the Dating Service by the Licensor or with its consent by third parties that may be used by the Licensee within the Dating Service in addition to the main functions of the Dating Service. The Licensee participates in the Applications on the terms provided for in the separate agreements with third parties.
A personal page (a profile) – a section of the Dating Service containing a part of the information posted in the Licensee’s Account (including photographs, status information, records, etc.), which is available for viewing by other Licensees. The personal page is used by the Licensee for the purpose of exchanging messages, meeting other Licensees and performing other actions. Access to the personal page may be limited by the Licensee for other users within the available functionality of the Dating Service or by the Licensor in accordance with the terms of this Agreement.
The Licensee’s Account (Account) means a Licensee’s account created at the time of registration in the Dating Service, which allows the Licensor to account for each Licensee and grant the rights to use the Dating Service through a unique login and password. The login and password for accessing the Account are determined by the Licensee independently when registering with the Dating Service and may be changed by it in the manner described in this Agreement or in the Support section on the Dating Service page.
The Messages mean the electronic messages transmitted by one Licensee to another and not accessible to other persons, sent and received using the Licensee’s Personal Page.
The Remuneration means the payment to the Licensor for granting the Licensee the rights to use the non-activated data and commands within the limits set forth herein. The amount of the Remuneration shall be determined by the Licensor and depends on the amount of the non-activated data and commands, the right to use which shall be transferred to the Licensee.
The rules of the Dating Service may provide for other conditions for obtaining the rights to use the non-activated data and commands, as well as restrictions on their use. The Licensee may read the said rules in the relevant sections of the Dating Service.
The License Agreement means the text of this Agreement concluded between the Licensor and the Licensee, containing all the necessary and essential terms of the License Agreement for granting the rights to use the Dating Service, including the non-activated data and commands. The terms of payment of the Remuneration and any other rules for using the Dating Service posted by the Licensor on the relevant pages of the Dating Service, including the Support section, are also an integral part hereof.
Recommendation technologies are information technologies for providing information based on the collection, systematization and analysis of the information related to the preferences of Internet users located on the territory of the Russian Federation.
To use the Dating Service, the Licensee creates an Account.
In order to enter the Dating Service, the Licensee shall generate the unique authorization data - login and password, which are the confidential information and are not subject to disclosure, except as provided by the applicable law and/or this Agreement. The risk of fraudulent and other illegal actions with the Licensee’s Account due to the loss of the password shall be borne by the Licensee. The Licensee is advised to choose a password of sufficient complexity to avoid the possibility of it being guessed by third parties.
The credentials and other data of the Licensee shall be processed by the Licensor in order to perform this Agreement properly.
In order to fulfill the License Agreement and provide the Licensee with access to use the functionality of the Dating Service, the Licensor shall develop, improve, optimize and implement the new functionality of the Dating Service (including services and products of information, communication, advertising, educational, entertainment and other nature), including the participation of affiliates and/or partners. To ensure the implementation of these objectives, the Licensee agrees and instructs the Licensor to process (including collection, recording, systematization, accumulation, storage, clarification (updating, changing), comparison, extraction, use, depersonalization, blocking, deletion and destruction) the Licensee’s credentials and other data, including the results of automated processing of such data, including in the form of integer and/or text values and identifiers, their transfer to affiliates and/or partners in pursuance of such an instruction for processing, as well as to collect (receive) its credentials and other data from affiliates and/or partners in compliance with the applicable law.
The credentials mean the information that the Licensee provides independently at the stage of registration in the Dating Service by filling out the registration form to create an Account and the Licensee’s Personal Page and some of the information provided during its use. Other data means the data related to the Licensee that becomes available to the Licensor in the course of the Licensee’s use of the Dating Service and/or services of affiliates and/or partners. Such data may include, among other things, the information about the technical means (devices) and methods of technological interaction with the Dating Service and/or services of affiliates and/or partners (including the host IP address, the Licensee’s operating system type, browser type, geographic location, data about the provider, etc.), about the Licensee’s activity, as well as other data obtained by the specified methods.
The Licensor may have access to other information related to the Licensee and left by the latter at its own discretion in the process of using the Dating Service, which is not processed by the Licensor, including to achieve the objectives specified herein.
The Licensee’s credentials and other data are processed during the entire period from the moment of registration of the Licensee’s Account to the moment of its deletion, unless otherwise provided by the applicable law.
In order to fulfill the terms of the License Agreement properly, the Licensor shall take measures to ensure the security of the Dating Service. To achieve these objectives, the Licensee agrees that the credentials and other data may be transferred to third parties, including in cases provided for by the applicable law, to the extent necessary to detect, investigate and suppress the illegal actions.
The Licensee agrees to display its credentials and other data, as well as other information on the Licensee’s Personal Page within the functionality of the Dating Service, and that such data will be considered publicly-available, unless the Licensee has chosen another mode of access to it within the functionality of the Dating Service. The Licensee agrees that the information, including the credentials and other data, may be available to other Internet users, subject to the existing functionality of the Dating Service (which may be changed from time to time by the Licensor). The Licensor may restrict the use of information from the Dating Service by third parties, including for commercial purposes. The use of information by the Licensor shall be governed by this Agreement.
After registering the Account, the Licensee shall be entitled to fill the Account, Personal Page and other elements of the Dating Service with the Content, add photos and other materials in accordance with the functionality provided, broadcast and use other functions provided by the Licensor when using the Dating Service subject to compliance with this Agreement.
The Licensee understands and agrees that the information and credentials posted in the Licensee’s Account are available for review by other Licensees through the Licensee’s Personal Page.
The Licensee who has previously registered an Account shall log in to the Dating Service each time by going through the authorization procedure - entering the Licensee’s login and password, as a result of automatic authorization using cookies and by other methods available and permitted by the Licensor.
A person authorized in the Dating Service is considered a proper user of the Account, access to the use and management of which was obtained as a result of such authorization, unless there is evidence to the contrary.
When the Licensee uses the Dating Service, cookies may be used to authorize the Licensee in the Dating Service automatically, as well as to collect the statistical data, in particular about the attendance of the Dating Service.
The Licensee shall be entitled to restrict or prohibit the use of cookies by applying the appropriate browser settings.
If it is impossible to perform the authorization due to the loss of the password, blocking of the Account, and for other reasons, the Licensee shall be entitled to contact the Licensor’s support service, or follow the instructions posted in the Support section and other sections of the Dating Service. The methods for restoring access to the Account, the Licensee’s authorization may be changed, canceled or supplemented by the Licensor unilaterally.
The Licensor makes commercially reasonable efforts to ensure the functioning of the Dating Service 24 hours a day, however, does not guarantee the absence of interruptions due to technical failures, preventive maintenance, and also does not guarantee the full or partial operability of the Applications. The Licensor does not guarantee that the Dating Service or any of its elements will continue to function at any particular time in the future or that they will not cease to operate.
The dating service, including all scripts, Applications, Content and its design, mobile versions, is provided as is. The Licensor makes no warranties that the Dating Service or its elements may be suitable for specific purposes of use. The Licensor may not guarantee and does not promise any specific results from the use of the Dating Service or its elements. The Licensor does not guarantee the Content and Applications posted in the Dating Service, including by other Licensees, are consistent with the Licensee’s individual ideas of morality and decency.
When using the Dating Service, the Licensee shall take precautions with respect to the Content, especially the Content posted by other Licensees, other materials and information; when clicking on hyperlinks posted in the Dating Service, when using any files, including the software, in order to avoid the negative impact on the Licensee’s computer of malicious software, unfair access to the Account, password guessing and other negative consequences for the Licensee.
By posting the Content on the Dating Service, the Licensee grants the Licensor, free of charge, the right (simple (non-exclusive) license) to reproduce, distribute, translate and remake, as well as to report the Content posted by the Licensee in any other way, by cable, wire or other similar means, in a way that any person may access it interactively from any place and at any time of its choice (right of publicity), and also gives its consent to the disclosure and further use of its image if it is contained in such Content.
The Licensee is not entitled to upload or otherwise make publicly-available (post on the Dating Service, publish within the Dating Service) the Content and other results of intellectual activity of the Licensees, the Licensor and other rightholders, in the absence of the express consent of the rightholder and/or the required volume rights to such actions.
The reproduction, copying, collection, systematization, storage, transfer of the information from the Dating Service for commercial purposes and/or in order to extract the database of the Dating Service for commercial or non-commercial purposes, or use it in whole or in any part in any way, is not allowed without the Licensor’s consent. It is prohibited to use the automated scripts (programs, bots, crawlers and other means of automatic information collection) to collect information and (or) interact with the Dating Service without the Licensor’s consent.
This Section of the Agreement regulates the procedure and conditions for the Licensor to grant the Licensee the rights to use the non-activated data and commands.
At the Licensee’s request the Licensor shall grant the Licensee for a Remuneration, unless otherwise provided by the Licensor, the rights to use the non-activated data and commands which allow access to additional functionality of the Dating Service or increase in the Dating Service the number of virtual values used within the functionality of the Dating Service. The amount and terms of payment of the Remuneration shall be determined by the Licensor at its own discretion and depend on the amount of data and commands required for the Licensee to obtain a certain result due to the functionality of the Dating Service. The specified terms are contained in this Agreement and/or in the relevant Sections of the Dating Service.
The rights to use the non-activated data and commands shall be transferred by the Licensor from the moment:
a) the Licensor receives the information from third parties (payment systems, operators, payment aggregators) about the execution (confirmation) of payment (in cases when access to additional functionality of the Dating Service is provided without increasing the number of virtual values in the form of Coins);
b) the virtual values are reflected in the form of Coins in the Licensee’s Account. From that moment the Licensee receives the rights to use the non-activated data and commands in the amount corresponding to the amount of virtual valuables in the form of Coins, under the terms hereof. The virtual values in the form of Coins are reflected in the Licensee’s Account after the Licensor receives information from third parties (payment systems, operators, payment aggregators) about making (confirming) a payment.
The compliance of the amount of the non-activated data and commands with the amount of virtual value in the form of Coins shall be determined by the Licensor. The compliance of the amount of remuneration with the amount of virtual value in the form of Coins shall be determined by the Licensor.
The right to use the non-activated data and commands shall be granted to the Licensee for the term specified in the relevant Section of the Dating Service, unless such right is terminated in accordance with the rules of the Dating Service.
The Licensee shall pay the Remuneration in cash in the currency of the relevant territory, in accordance with the conversion procedure established by the Dating Service. The amount of remuneration shall be determined by the Licensor based on the amount of the non-activated data and commands, the right to use which shall be transferred to the Licensee.
From the moment the virtual values in the form of Coins are reflected in the Licensee’s Account or from the other moment when the Licensor transfers the rights to use the non-activated data and commands, the Licensee shall have no right to demand from the Licensor the return of the Remuneration paid for such rights, unless otherwise expressly provided by the applicable law.
The Remuneration shall be paid by the Licensee by transferring money through the supported payment methods. The list of available payment methods is given in the corresponding Sections of the Dating Service.
When paying the Remuneration, the Licensee shall be obliged to follow the payment instructions on the order and methods of payment, including the rules of entering the message and number of short text messages (SMS), including the order of entering uppercase and lowercase letters, numbers and input language. Granting the Licensee the right to use the non-activated data and commands shall be ensured by complying with the attached instructions and payment terms. The Licensor shall not be responsible for the correctness of Licensee’s payment terms. For the issues of the rules and procedures for using payment systems to make payments for the right to use the non-activated data and commands, the Licensee shall contact the holders of such payment systems or payment operators/aggregators. The Licensor shall not provide the Licensee with the explanations on issues related to the rules and procedures for using such payment systems, and shall not reimburse the Licensee for the money paid to acquire such rights through payment systems, operators, payment aggregators if such payments were made in violation of the rules established by such persons, resulting in the money not being received by the Licensor.
The Licensee shall be granted the right to use the non-activated data and commands only if the Licensee pays for such rights in full in accordance with the terms hereof, unless a different procedure is contained in the Agreement or is determined by the Licensor separately. In this case, prior to receiving confirmation of payment for the rights of use, the Licensor may not provide them to Licensee, or provide them to a limited extent.
If as a result of a technical error, or a failure of the Dating Service or any of its elements, or conscious actions of the Licensee, the Licensee has gained access to the non-activated data and commands without acquiring the right of use in the manner prescribed herein, the Licensee shall be obliged to inform the Licensor about this fact and pay it the Remuneration, or eliminate all consequences of improper use of the acquired rights. The Licensor shall be entitled to eliminate such consequences on its own without notifying the Licensee.
The Licensee shall be obliged to keep the documents confirming the payment of the Remuneration by the Licensee during the whole period of the use of the Dating Service, and upon the Licensee’s request provide the Licensee with such documents as well as information about the circumstances of making such payment by the Licensee.
The exclusive right to distribute the non-activated data and commands belongs to the Licensor, in this regard no offers of third parties for the rights to use such data and commands may be regarded by the Licensee as the offers coming from the Licensor.
In case of any disputable, unclear situations, or any third-party offers sent to Licensee related to payment for the rights to use the non-activated data and commands, or the placement of such ads and offers on the Internet, except those placed on behalf of the Licensor, the Licensee shall immediately notify the Licensor about this.
If the Licensee, in violation of this provision, has made a payment for the specified advertisement using the details specified in such advertisement, the Licensee’s claims to the Licensor regarding the Licensee’s lack of non-activated data and commands shall not be accepted, and the Licensor shall not compensate the Licensee for the money spent by the Licensee in such circumstances.
In case the Licensor finds that the Licensee receives the rights to use the non-activated data and commands from third parties, the Licensor shall be entitled to suspend, limit, or terminate the Licensee’s rights to use the Dating Service at its own discretion.
The acquisition by the Licensee of the rights to use the non-activated data and commands shall not exempt the Licensee from the compliance with this Agreement and application of any measures specified herein, including the suspension or termination of the rights to use the Dating Service and/or deletion of the Licensee’s Account by the Licensor, unless otherwise expressly provided for by the applicable law.
he Licensee guarantees to the Licensor that it shall be entitled to use the means of payment chosen by it for the Remuneration, without violating the laws of the Russian Federation and/or the laws of another country, of which the Licensee is a citizen or in which territory the Licensee is located, and the rights of third parties. The Licensor shall not be responsible for the additional Remunerations charged by the operators of the means of payment and possible damage to Licensee and/or third parties caused by the use by Licensee of means of payment not owned by it.
The Licensor shall not be liable for possible illegal actions of the Licensee when paying the Remuneration. The Licensor reserves the right to unilaterally suspend or terminate the Licensee’s right to use the non-activated data and commands if there is a suspicion that the Licensee has committed the illegal actions until the circumstances are clarified, unless otherwise expressly provided for by the applicable law.
If the Licensor has the reasons to believe that the Licensee is committing the illegal actions related to the payment of the Remuneration, the Licensor shall be entitled to transfer the relevant information to the law enforcement authorities for the inspection of this fact.
The peculiarities of the Licensee’s payment of the Remuneration by means of the bank cards:
The Licensee agrees, understands and accepts the fact that the Dating Service and the Applications are not a gambling game, a game for money, a contest, a bet.
The acquisition of the rights to use the non-activated data and commands is the realization of the Licensee’s own will and desire and is not a necessary or obligatory condition for using the Dating Service and its main functionality.