Please read the End User Agreement ("Agreement") carefully before clicking "I accept", downloading or using www.dolphin.ru.com ("Application"). By clicking "Accept", downloading or using the Application, you (hereinafter - User) agree to the terms of this Agreement. This Agreement -- is a legally binding agreement between the User (natural or legal person) and Dolphin governing the use of the Application developed by Dolphin. If the User does not agree with the terms of this Agreement, do not click "I accept", do not download and use the Application. Dolphin grants the right to use the Application under a license, without ownership of the Application; for use only in accordance with the terms of this Agreement.
Dolphin grants a general, non-transferable, limited, revocable license to download, install and use the Application strictly in accordance with the terms of the Agreement.
Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card is required for paying accounts.
The Software is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. We do not accept any liability for such loss.
User, undertakes not:
license, sell, charge, transfer, distribute, assign, outsource, disclose or otherwise commercially use the Application, or make available to third parties, as well as allow them to violate the above obligations.
modify, create derivative works, decode, reverse-engineer, or reverse-assemble any part of the Application, remove, modify or obscure any designation of ownership (including trademarks and other proprietary notices) of Dolphin and its affiliates, partners, suppliers and licensees.
Dolphin reserves the right to modify, postpone or discontinue (temporarily or permanently) updates to the Application or any services related to the Application, with or without notice to users.
Dolphin may from time to time provide extensions and improvements to the functionality and features of the Application, which may include patches, bug fixes, updates and other modifications ("Updates").
Updates may improve or remove certain features and/or functionality of the Application. User agrees that Dolphin shall have no obligation to (i) provide the Updates or (ii) continue to provide certain features and/or functionality of the Application.
User further agrees that all Updates are expected to (i) affect integral parts of the Application and (ii) be subject to the terms of this Agreement.
Third Party Services
The Application may display, include or enable access to content from third parties (including data, information, applications and other services) or provide links to third party websites or services ("Third Party Services"). The User acknowledges and agrees that Dolphin is not responsible or liable for any Third Party Services, including their appropriateness, completeness, currency, legality, copyright, decency, quality or other aspects. Dolphin shall not be liable to the User for any Third Party Services. The Third Party Services and links to them shall be provided to the User solely at the User's own risk.
Term of the Agreement and the Procedure for its termination
This Agreement shall remain in force until terminated by the User or Dolphin.
Dolphin may, in its sole discretion, terminate this Agreement at any time and for any reason without prior notice.
This Agreement shall be terminated immediately, without prior notice from Dolphin in case the User ceases to comply with any provision of this Agreement. The User may also terminate the Agreement by deleting the Application from all devices.
Upon termination of this Agreement, User shall stop using the Application and delete all copies of the Application from all devices.
Termination of this Agreement shall not limit the rights and remedies of Dolphin, as well as legal justice in case of their violation by the User (within the framework of this Agreement), and any obligations under this Agreement.
Compensation for damages
The User agrees to indemnify Dolphin, its founders, partners, subsidiaries, affiliates, representatives, employees, agents, partners and licensees (if any) from any claims and demands, including legal fees, arising in such cases: (a) use of the Application; (b) violation of the terms of the Agreement or laws; or (c) violation of the rights of third parties.
Lack of Warranty
The application is supplied "As Is", "As Available" with all resulting errors and defects, without any warranty. To the fullest extent permitted by law, Dolphin, in the interests of itself and its subsidiaries, licensors, and service providers, expressly disclaims any warranties, express or implied, with respect to the Application, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, warranties that may arise in the course of a transaction, course of performance, application or trade practice. Dolphin does not warrant, represent or warrant that the Application will meet the User's requirements, will perform as expected, will be compatible with any software, application, system or service, will operate without qualification, will meet any performance or reliability standards, and will be free from errors or other defects that may or will be corrected. Neither Dolphin nor its providers make explicit or implicit warranties: (i) the operation of the Application, information, content, and materials; (ii) the absence of errors or interruptions in the Application; (iii) the accuracy, reliability, and value of the information or content provided through the Application; (iv) the absence of viruses, scripts, Trojans, worms, malicious programs or other malicious components in the Application, its servers, and content; or (v) any email sent on behalf of Dolphin. In case the laws of the state exclude all or some clauses of this part of the agreement, they may not apply to the User.
Limitation of Liability
Regardless of the amount of damage that the User may incur, the liability of Dolphin and its suppliers under any clause of this Agreement, as well as the exclusive remedy, shall be limited to the amount of funds spent by the User to acquire the Application. To the maximum extent permitted by applicable law, Dolphin and its suppliers shall not be liable for special, incidental, consequential or incidental damages (including, but not limited to, loss of income, data or other information, business interruption, personal injury, loss of privacy caused by the use of the Application, third party software and/or hardware used with the Application under any provision of this Agreement), even if Dolphin and its supplier have been advised of the possibility of such damages. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In this case they do not apply to User.
Severability of provisions
In case any of the provisions of this Agreement is unfeasible or invalid, it will be changed to achieve the objectives of this provision, according to the applicable law. Other provisions will remain in full force and action.
Refusal to make claims
Except for the cases mentioned above, the erroneous execution of the right, as well as the execution of obligations under this Agreement shall not have any impact on the execution of the right by the party, as well as the execution of obligations, is not a waiver of the right to demand the elimination of the violation of the Constitution, as well as derivative violations.
Amendments to this Agreement
Dolphin reserves the right to modify this Agreement at any time in its sole discretion. By reserving access to and/or use of the Application after the changes come into effect, the User agrees to the changes. Otherwise, User shall immediately stop using the Application.
The law of the Russian Federation, without applying the rules of conflict of laws, shall govern this Agreement. The use of the Annex may also be subject to the application of local, state and international legislation.
Should you have any questions regarding this Agreement, please contact us.
The exhaustive nature of this Agreement
This Agreement constitutes the entire agreement between the User and Dolphin regarding the use of the Application and supersedes all prior and contemporaneous written and oral agreements between the User and Dolphin. The User may be subject to additional terms and conditions applicable to the purchase or use of other services by Dolphin that Dolphin will provide to the User while using or purchasing the Application.