Offer for advertising services

1. Terms and definitions

1.1. For the purposes of this document, the terms below are used in the following meanings:

• Offer – the advertising distributor’s proposal published on the Internet at: adgod.ru.
• Acceptance of the Offer – full and unconditional acceptance of the Offer terms by performing the actions specified in Section 6 of the Offer. Acceptance of the Offer concludes the Agreement for the provision of advertising services.
• Agreement – a paid contract (transaction) concluded between the Advertiser and the Company for the provision of Services, which is concluded by Acceptance of the Offer.
• Website – the Company’s electronic resource on the Internet located at adgod.ru.
• Advertising, Advertising materials – materials provided by the Advertiser for placement in accordance with the terms of the Offer.
• Advertiser – a person who has accepted the Offer and provides Advertising materials for placement on online cinema platforms under the terms of this Agreement.
• Advertising distributor – a person who distributes advertising under the terms of the accepted Offer (Agreement).

1.2. The Offer may use terms not defined in Clause 1.1 of the Offer. In such a case, the term shall be interpreted in accordance with the text of the Offer. If there is no unambiguous interpretation of the term in the text of the Offer, interpretation shall be guided first by the legislation of the Russian Federation, second by the Website, and then by the meaning commonly established (generally used) on the Internet.

2. Subject of the Agreement

2.1. The subject of the Agreement is the paid provision to the Advertiser of services for placing Advertising materials under the terms of the Offer on online cinema platforms where advertising placement is available, as indicated on the website: adgod.ru.

3. Terms of service provision

3.1. Advertising services are provided only if the Advertiser has accepted the Offer (concluded the Agreement), the advertising materials layout has been approved by a Company representative, and payment for placement of the advertising materials has been made.

3.2. The cost, timing, and procedure for placing advertising materials are determined by the Advertiser on the Website.

3.3. Advertising materials placed must comply with the requirements of the legislation of the Russian Federation, including the requirements of Federal Law No. 38-FZ “On Advertising” of 13 March 2006, as well as the terms of Clause 4.2.2 of the Offer.

3.4. The Company is entitled to verify the Advertiser’s Advertising materials for compliance with the requirements of the Agreement and the legislation of the Russian Federation both before the commencement of placement services and at any time after placement of the Advertising materials has begun.

3.5. If non-compliance of the Advertising materials with the terms of the Agreement and the requirements of the legislation of the Russian Federation is identified, the Company is entitled to refuse placement or to discontinue placement of the Advertising materials.

3.6. The Advertiser is obliged to provide documented information on the advertising’s compliance with the requirements of this Federal Law, including information on the existence of a license, mandatory certification, and state registration.

4. Rights and obligations of the Parties

4.1. Rights and obligations of the Company

4.1.1. The Company guarantees the processing and retention of the Advertiser’s personal data received in accordance with the requirements of Federal Law No. 152-FZ “On Personal Data” of 27 July 2006, as well as destruction or anonymization upon achievement of the processing purposes or if there is no longer a need to achieve those purposes.

4.1.2. The Company may use the data provided by the Advertiser upon registration. The Company acts as the Personal Data Operator and guarantees confidentiality and protection of data from unlawful use in accordance with the applicable legislation of the Russian Federation. The term “processing of personal data” means the following actions — collection, systematization, accumulation, storage, clarification (updating and/or alteration), use for providing an individual service, analysis, blocking, and destruction of personal data.

4.1.3. The Operator ensures the security of personal data and takes all possible measures to exclude access to personal data by unauthorized persons. The Advertiser’s personal data will never, under any circumstances, be transferred to third parties, except in cases related to compliance with applicable legislation.

4.1.4. The term of personal data processing is unlimited.

4.1.5. The Company is entitled to reject Advertisers’ applications for placement of Advertising materials if such materials do not comply with Section 4.2.2 of the Offer, and also to refuse placement of Advertising materials if they do not match (are not identical to) the Advertising materials Layout submitted in the Advertiser’s application. The Parties have agreed that if the Advertising materials do not comply with Clauses 3.3 and 4.2.2 of this Offer and/or do not match the Advertising materials Layout submitted in the Advertiser’s application, the funds paid by the Advertiser for placement of such Advertising materials shall not be refunded and shall constitute material compensation to the Company.

4.1.6. The Company undertakes to observe the following Advertising placement rules:

• place Advertising materials at the agreed time, with an allowable deviation of no more than 15 minutes;
• not alter the advertising materials;
• not publish other materials on the platform during the entire agreed Advertising period;
• not remove the advertising material during the entire guaranteed placement period.

4.2. Rights and obligations of the Advertiser

4.2.1. By registering on the Website, the Advertiser thereby agrees to receive informational and advertising messages from the Company at the email address specified upon registration.

4.2.2. The Advertiser undertakes not to include in Advertising materials:

• advertising of websites that display pop-up windows without user initiative, as well as websites that technically prevent the user from leaving the site (for example, by requiring confirmation of an action);
• advertising of any alcoholic products (including beer), tobacco and tobacco products, smoking accessories (including electronic cigarettes, pipes, hookahs, cigarette papers, lighters);
• advertising of “adult goods” (intimate products, potency enhancers, condoms, etc.), as well as intimate training, strip clubs, erotic massages, escort services, and the like;
• advertising of websites and groups (communities) in the 18+ category;
• overtly shocking and frightening materials;
• astrological and esoteric forecasts, fortune-telling, services, and goods;
• advertising of medical services for artificial termination of pregnancy;
• advertising of anabolic steroids, other drugs, and specialized food products intended for use affecting muscle growth whose effects are similar to those of steroids;
• advertising of any websites or communities that mention drugs and narcotic substances;
• advertising of weapons (military and civilian), including self-defense weapons, sporting, hunting, and signal weapons;
• advertising of financial pyramids, as well as any systems whose operating principle amounts to that of a financial pyramid;
• dietary supplements (including sports nutrition) may be advertised subject to the following conditions: the necessary documents have been provided to the support of the online cinema platforms, such advertising has passed moderation on the official exchange, and the advertising contains information that the product is not a medicinal product;
• baby food may be advertised subject to the following conditions: the necessary documents have been provided to the support of the online cinema platform, such advertising has passed moderation on the official exchange, and the advertising contains information on the need to consult a specialist;
• medicinal products, medical goods, services, and treatment methods may be advertised subject to the following conditions: the necessary documents have been provided to the platform support, such advertising has passed moderation on the official exchange, and the advertising contains information on contraindications and the need for prior consultation with a specialist;
• advertising of Forex, brokerage firms and any commodity exchanges, MLM;
• dubious and suspicious info products;
• advertising of websites of studios and agencies engaged in social media advertising;
• advertising of websites that directly compete with the Service;
• advertising of services engaged in advertising;
• advertising of services for writing coursework, theses, exam assistance, etc.;
• advertising of services and goods distributed by subscription via mobile phone or paid for via SMS (for example, tests, “diets”, mobile content);
• advertising of various earnings schemes. Job vacancy advertising is allowed only if there is a full description of requirements, job duties, and salary;
• advertising of goods whose production and/or sale is prohibited by the legislation of the Russian Federation;
• advertising of explosives and explosive materials, except for pyrotechnic products;
• advertising of human organs and/or tissues as objects of purchase and sale;
• advertising of goods subject to state registration in the absence of such registration;
• advertising of goods subject to mandatory certification or other mandatory confirmation of compliance with technical regulation requirements in the absence of such certification or confirmation of compliance;
• advertising of goods for the production and/or sale of which licenses or other special permits are required, in the absence of such permits.

4.2.3. The Advertiser is not entitled to transfer its rights under the Agreement to third parties.

4.2.4. In the application, the Advertiser undertakes to provide contact information (address and telephone) at which the Advertiser receives claims from consumers and other third parties regarding the advertised goods (services), etc.

4.2.5. The Advertiser confirms to the Company its consent to the processing of personal data in accordance with the provisions of the Law “On Personal Data”.

4.2.6. If inaccuracies in personal data are identified, the Advertiser may update them by sending the Operator a notice by email to the Operator’s email address marked “Update of personal data”.

4.2.7. The Advertiser may at any time withdraw consent to the processing of personal data by sending the Operator a notice by email to the email address marked “Withdrawal of consent to the processing of personal data”.

4.2.8. The Advertiser authorizes the Company to contact it by the following means: text message (SMS) and/or voice message to a phone number, postal letter, electronic message to an email address, as well as via the messengers Skype and Telegram.

5. Financial terms

5.1. Advertising placement is carried out only on a prepaid basis by transferring funds to the Company’s account.

5.2. The cost of Advertising placement in a community is indicated on the Website separately for each community. The final cost of Advertising placement is generated when the Advertiser completes the advertising application (Acceptance), depending on the selected community, the number of impressions, and the advertising rate.

5.3. By selecting specific conditions for placement of Advertising materials, the Advertiser agrees to the stated placement cost.

5.4. Payment for the cost of placing Advertising materials is made by the Advertiser only after receiving the Company’s approval of the Advertising materials Layout.

6. Acceptance of the Offer and conclusion of the Agreement

6.1. The Advertiser accepts the Offer by registering (completing an application) on the Website (personal account), receiving the Company’s approval of the Advertising materials Layout, making payment of the Advertising placement cost, and being granted access to the personal account.

6.2. Acceptance of this Offer is deemed to be a fully completed application in the Advertiser’s personal account with an approved Advertising materials Layout, as well as payment to the Company of the Advertising placement cost. In the application, the Advertiser places the Layout of the Advertiser’s advertising information to be published by the Company.

6.3. Acceptance evidences the Advertiser’s full and unconditional acceptance of all terms of the Offer without any exclusions and/or limitations and is equivalent to personally signing a bilateral written Agreement on advertising placement.

6.4. This Agreement enters into force from the moment the Acceptance is submitted, and the Company proceeds to perform its obligations under the Agreement from the moment funds are credited to its account.

6.5. After performing its obligations, within 5 business days the Company sends a certificate of completed works to the Advertiser’s email address. If within 3 days no reasoned refusal to sign the certificate of completed works is received from the Advertiser, such certificate shall be deemed fully accepted without comments on a unilateral basis, and the Company’s services shall be deemed performed in full and properly.

7. Liability of the Parties

7.1. The Advertiser bears full responsibility for the content of advertising materials and their compliance with the legislation of the Russian Federation, including Federal Law No. 38-FZ “On Advertising” of 13 March 2006, intellectual property legislation, and copyright law, taking into account amendments and additions in force as of the date of conclusion of the offer. If the Company incurs losses related to the content of advertising materials, the Advertiser shall compensate the Company for the losses incurred in full within 30 (thirty) calendar days from the date the Company submits the corresponding claim.

8. Term and amendment of the Offer terms

8.1. The Offer enters into force from the moment funds are credited to the Company’s account via the personal account located on the Internet at “adgod.ru” and remains in effect until the Offer is withdrawn by the Company.

8.2. The Company reserves the right to amend the Offer or withdraw the Offer at any time at its discretion. If the Company amends the Offer, such amendments enter into force from the moment the amended Offer text is published on the Internet at the address specified in Clause 8.1, unless a different effective date for the amendments is additionally specified upon such publication.

9. Termination of the Agreement

9.1. The Agreement may be terminated:

9.1.1. By agreement of the Parties at any time.

9.1.2. At the initiative of either Party in the event of a breach by the other Party of the terms of the Agreement, with written notice to the other Party.

9.1.3. If a complaint/complaints are received (provided they are substantiated) from third parties about discovery of their personal data on the Advertiser’s website, provided there was no consent to such indication, the website administration is entitled at any time, without prior notice, without refund of funds received for advertising, and without reimbursement of expenses incurred by the Advertiser or third parties, to block information from the Advertiser and terminate the Agreement unilaterally. In this case, the Company bears no liability for the provision of such data, since under Clause 10.1 of this Offer the Advertiser has confirmed that the personal information belongs to the Advertiser.

9.1.4. If a complaint/complaints are received (provided they are substantiated) from third parties that payment for services rendered was made by the Advertiser using funds that do not belong to the Advertiser, the website administration shall not refund the funds. In this case, the Company bears no liability for such payments, since under Clause 10.1 of this Offer the Advertiser has confirmed that payment is made from the Advertiser’s own personal funds.

10. Warranties

10.1. By agreeing to the terms and accepting the terms of this Offer by Acceptance of the Offer, the Advertiser represents and warrants to the Company that the Advertiser:

• has fully familiarized itself with the terms of the Offer;
• fully confirms the data provided upon registration and that they belong personally to the Advertiser;
• fully confirms that payment is made from the Advertiser’s own personal funds;
• fully understands the subject of the Offer and the Agreement;
• fully understands the meaning and consequences of its actions with respect to conclusion and performance of the Agreement;
• instructs the Company to place advertising of goods whose production and/or sale is not prohibited by the legislation of the Russian Federation;
• consents to the processing of the Advertiser’s personal data received by the Company.

11. Miscellaneous

11.1. Disputes and disagreements arising between the Parties shall be resolved through negotiations, as well as by mandatory submission of a claim. The period for considering a claim is 10 (ten) calendar days from the date of its receipt (return to the sender). If as a result of negotiations the Parties have not reached a common agreement, the dispute shall be submitted to the Arbitration Court of the Republic of Tatarstan.

11.2. In the event of claims by consumers or third parties regarding the advertised goods (services, etc.), the Company is entitled to provide such persons with the Advertiser’s contact information specified in the application.

11.3. All correspondence between the Parties, including exchange of contracts, notices, and claims, has legal force and does not require sending originals by post. The Parties have agreed that correspondence between them shall be conducted from email addresses whose passwords are confidential and inaccessible to third parties. The Advertiser’s email is filled in upon Acceptance. The Company’s email domain zone: “@adgod.ru”.

11.4. The Company guarantees the processing and retention of the Advertiser’s personal data received in accordance with the requirements of Federal Law No. 152-FZ “On Personal Data” of 27 July 2006, as well as destruction or anonymization upon achievement of the processing purposes or if there is no longer a need to achieve those purposes.

11.5. By Acceptance of this Offer, the Advertiser consents to the processing and retention of the Advertiser’s personal data received in accordance with the requirements of Federal Law No. 152-FZ “On Personal Data” of 27 July 2006, as well as to destruction or anonymization upon achievement of the processing purposes or if there is no longer a need to achieve those purposes.