This User Agreement (hereinafter – the Agreement) is a public offer and specifies the terms of using the materials and services available on the site in the Internet: https://biganto.com/ (hereinafter the Site) by visitors and users thereof.
The subject matter of the Agreement shall be the relations between the Limited Liability Company “Biganto” (OGRN 514774625183534, Rozhdestvenskaya St., Office III, room 2, Moscow, Russia, 111674), hereinafter Biganto, the rightholder of Internet services (of information, communication, promotional and other nature) available on the Site, and you – Internet user (hereinafter the User), with regard to Services use and provision.
By using the Services, the User agrees to comply with the terms set forth in this Agreement.
Particular Services use may be regulated by particular rules applicable to a specific Service (“Service User Agreement”) which shall also be an integral part of this Agreement.
All currently existing services, and any development thereof and/or addition of new ones shall be the subject matter of this Agreement.
The Site materials and services use shall be regulated by norms of applicable laws of the Russian Federation.
1. General terms
1.1. The Site has been created for the purposes of making available virtual tours, visualizations, renders, 3D-models, and orders for their creation and operation by Users.
1.2. Biganto offers Users access to a wide range of services, including media for publishing and storage of various kinds of information and materials (content), content personalization, ordering, etc.
1.4. The Agreement may be amended without further notice, and a new version of the Agreement shall take effect upon its publication on the Site, unless otherwise provided for in the new Agreement version. The current version of the Agreement is available at: https://biganto.com/user_agreement/.
1.5. Upon proceeding to using any service and/or its particular functions, or having received access to the Site materials, or upon registration, the User shall be considered as having accepted the terms of this Agreement in full, without any reservations and exceptions. If the User disagrees with any provisions hereof, the User may not use Biganto services, and if, during the time when the User is using the services, new terms are introduced in the Agreement with which the User disagrees, the User shall discontinue using the services.
1.6. If the User downloads or uses our software, the User allows Biganto to download and install updates, new versions and additional functions for improvement, enhancement and further development of such software.
1.7. Information available at the Site shall not be interpreted as granting license rights to Biganto or third party intellectual property, unless expressly provided for by this Agreement or agreements for particular Site services.
2. User registration
2.1. To use some services and/or Site service functions, the User shall register, following which a unique account will be created for the User.
2.2. To get registered, the User agrees to provide and duly update reliable and complete information about himself in the registration form.
Biganto may at its discretion block or remove the User account and deny the User the right to use its services (service functions), if the User provides, or Biganto has reasons to believe that the User provided, false information.
2.3. Biganto may at any time demand that the User confirm authenticity of the data provided upon registration and accordingly request documentary evidence thereof, failure to provide which may be equivalent to provision of unreliable information and lead to the consequences provided for in para. 2.2 hereof.
2.4. If the User data provided upon registration do not enable identification of the User, Biganto may deny the User access to the account and use of the Site services, where such use requires registration.
2.5. The User’s personal information contained in the account shall be stored and processed in accordance with the terms of the Confidentiality Policy.
2.6. Upon registration, the User shall on his or her own choose a login (User account unique name) and password for access to the account. Biganto may prohibit using particular logins and establish login and password requirements (number of symbols, admissible symbols, etc.).
2.7. The User shall on his or her own be liable for security of the selected means for access to the account and ensure their confidentiality.
The User shall on his or her own be liable for all actions (and consequences thereof) in connection with or using the Site services under the User account, including the User’s voluntary communication of the data for third party access to the account on any terms (including under contracts or agreements).
2.8. Any actions in connection with or using the Site services under the User account shall be considered as made by the User proper, except where the User informed Biganto about an unauthorized access to Biganto services using the User account and/or any breach (suspected breach) of confidentiality of the User’s means of access to the account.
2.9. Biganto shall not be liable for data loss or corruption, and for other consequences of any nature that may occur due to the User’s non-compliance with the provisions of this section of the Agreement.
2.10. Biganto may block or remove the User account and prohibit access using the account to the Site services without giving any reason, including where the User breached the terms hereof or other documents.
2.11. The User may at any time remove his or her account if there is such a function available on the Site.
3. The User’s obligations
3.1. The User agrees to refrain from actions that may be regarded as violation of the Russian legislation or rules of international law, including in the area of intellectual property, copyrights and/or related rights, universal moral and ethical principles, and any actions that lead or may lead to malfunction of the Site and Site services.
3.2. The User shall on his or her own be liable for the compliance of the content made available by the User with the requirements of applicable laws, including third party liability where placement of the User’s content or content proper infringe the third party rights and legal interests, including authors’ personal non-property rights, other third party intellectual rights, and/or encroach on their intangible benefits.
3.3. Upon citing the Site materials, including protected works of authorship, the reference to the Site is obligatory.
3.4 When using the Site services, the User may not download, send, communicate or otherwise make available and/or distribute content that is illegal or infringes intellectual property rights, infringe third party rights, pretend to be someone else or a representative of an organization and/or community without good reason, use any forms and methods of illegal representation of other persons, download, send, communicate or otherwise make available and/or distribute content having no title to do so according to legislation or any contractual relations; without proper authorization collect and store personal data of other persons, derange the Site services, use the Site services to redirect users to other domain pages; download, send, communicate or otherwise make available and/or distribute any materials containing viruses and other computer codes, files or programs intended for malfunctioning, destruction or limitation of functionality of any computer or telecommunications equipment or programs, for unauthorized access, and placing links to the above-mentioned information, facilitate actions aimed at violation of limitations and prohibitions established by the Agreement, otherwise violate norms of the law, including rules of international law.
3.5. The User may not reproduce, duplicate and copy, sell and resell, and use for any commercial purposes any parts of the Site services (including content available to the User through services), or access thereto, except where the User was authorized to do so by Biganto, or where it is expressly authorized by the User Agreement for any service.
3.6. In accordance with Article 18.1 of the Federal Law on Advertising, the User agrees to receive advertising messages. The User may refuse to receive advertising by giving Biganto a relevant notice using the Site services.
4.1. Biganto shall not be liable for any information, materials available on third party sites to which the User gets access using the Site services, including for any allegations or opinions expressed on third party sites, advertising, etc., and for availability of such sites or content and consequences of their use by the User.
A reference (in any form) to any site, product, service, any information of any nature available on the Site shall not be regarded as the approval or recommendation of such services, goods, activities by Biganto, unless expressly specified.
4.2. Biganto shall not guarantee that: services shall/will meet the User requirements; services will be provided continuously, rapidly, reliably and without errors; the results that may be obtained using the services will be accurate and reliable and will be able to be used for some particular purposes and in some particular capacity; quality of a service, work, product, information etc. obtained using the services will meet the User’s expectations.
4.3. The Site Administration shall not be liable for the User’s visiting and using external resources the links to which may be available on the Site.
4.4. The Site Administration shall not be liable and shall have no direct or indirect obligations to the User in connection with any potential or actual losses or damage related to any content on the Site, copyright registration and information on such registration, goods or services available on or received through external sites or resources or other User’s contacts the User made using information or links to outside resources available on the Site.
4.5. The User agrees that the Site Administration shall not be held liable and shall have no obligations in connection with advertising that may be available on the Site.
4.6. Biganto shall not be liable for any kinds of losses caused due to the User’s using the Site services or particular parts/functions thereof.
In any circumstances, Biganto’s liability in accordance with Article 15 of the Civil Code of the Russian Federation shall be limited to RUR 10 000 (ten thousand Russian rubles) and shall be imposed thereon in case of Biganto’s faulty actions.
4.7. Biganto may send information notices to its Users.
5. Exclusive rights to the Site and Services content
5.1. All items available or accessible using the Site services, including texts, video, photographic images and images made using methods similar to photography, design elements, graphics, artwork, projects, drawings, computer software, databases, music, sounds, and trademarks and industrial prototypes and other items (hereinafter services content), and any content available on the Site services, shall be items covered by exclusive rights of Biganto, Users and other rightholders and shall be protected by legislation.
5.2. The User’s using the services content elements and any other content shall be for personal noncommercial use and shall be allowed subject to keeping intact all symbols of protection of copyrights, related rights, trademarks, other authorship notices, name of the author/rightholder, and the relevant item, except where it is expressly provided for by legislation of the Russian Federation or Agreement for the respective Site service.
5.3. Using content and any other Site services elements shall be possible only within the functional offered by a service. No services content elements or any content available on the Site cannot be used otherwise by the User without prior authorization of the rightholder. Using shall mean, including, but not limited to: reproduction, copying, remaking, distribution on any basis, etc., except where it is expressly provided for by legislation of the Russian Federation, Agreement for the respective Site service or agreement with Biganto.
5.4. The User’s placing any materials on the Site shall not entail passing of the exclusive rights to such content to Biganto, other Site Users or other third parties, unless expressly specified.
5.5. The User understands and agrees that services operation process may require copying (reproduction) and processing of Biganto User’s content for it to comply with the technical requirements of a service.
6.1. This Agreement shall be governed and construed in accordance with legislation of the Russian Federation.
All matters not covered by this Agreement shall be resolved in accordance with legislation of the Russian Federation.
6.2. All disputes that may arise out of or in connection with this Agreement shall be resolved in accordance with applicable legislation of the Russian Federation.
6.3. Throughout the text of this Agreement, unless expressly stated otherwise, the term “legislation” shall mean legislation of the Russian Federation.
6.4. If any provision of this Agreement is declared invalid or unenforceable, all the other provisions hereof shall remain in force and effect without alteration.
6.5. Inaction of the Site Administration in case of breach by either of the Users of provisions hereof shall not deprive it of the right later to take appropriate actions to protect its interests and copyright rights to the Site materials protected under the legislation.
6.6. The User shall use the Site services at its sole risk. Services shall be provided “as is”. Biganto shall not assume any liability, including for suitability of the services for the User’s purposes.
6.7. Nothing in the Agreement can be interpreted as establishing between the User and Biganto agency relations, partnership relations, joint venture relations, employment relations or any other relations that are not expressly provided for by the Agreement.
6.8. Any amendments to or withdrawal from this Agreement shall be executed in writing and signed by Biganto.
6.9. The User and Biganto will attempt to resolve by negotiation all disputes and differences that may arise between them. If it proves impossible to resolve disputes and differences by negotiation, they shall be referred to a court of competent jurisdiction at the place of location of Biganto.
6.10. This Agreement is made in the Russian language and may be made available to the User for information on another language. In case of discrepancies between the Russian text of the Agreement and the version thereof in another language, provisions of the Russian text shall apply.
6.11. The User shall track updates of this Agreement at reasonable intervals.