LAVA.TOP TERMS OF SERVICE

Document version No.1.1. dated 01.01.2022

Current version publication date: 25.08.2022

Current version effective date: 25.08.2022

1. PREAMBLE

1.1. This document constitutes the rules of using the LAVA platform and regulates the relations between Users of the LAVA Platform and LAVALANE LTD, the owner of the LAVA Platform, in connection with the use of the LAVA Platform and relations between the Authors and other Users within the as part of the provision of access to the Authors' Content by the Authors to other Users on the basis of contracts, concluded between the Authors and other Users using the "LAVA" Platform. The terms used in section 1 of these Terms of Service ("Preamble") shall have the meanings given to them in section 2 of these Terms of Service

1.2. The User of the LAVA Platform can only be a person who, in accordance with the applicable laws, has reached the legal age sufficient to gain access to and use the LAVA Platform (including, but not limited to, for registration on the LAVA Platform), as well as to conclude transactions with other Users of the Platform, including Authors, or a person who has obtained the necessary consents (if permissible according to the applicable laws of the person’s country of residence) to gain access to and use the LAVA Platform (including, but not limited to, for registration on the LAVA Platform) (for example, the consent of parents, guardians, trustees, or other legal representatives). If a legal person with a status of the User is interested in obtaining the status of Author, the natural person using the Platform on behalf of the legal person concerned shall be authorized to use the "LAVA" Platform under the terms of these Terms of Service, as provided in the constituent documents of the legal person or by power of attorney.

1.3. Before using the LAVA Platform, please read carefully these Terms of Service, because when accessing and viewing pages of the lava.top website, downloading any materials posted on the lava.top website, registering on the LAVA Platform, or using the lava.top website and the LAVA Platform in any other way, you confirm that you: (1) are a person who meets the criteria specified in clause 1.2. above; (2) have read these Terms of Service, understood all the terms and conditions set out in these Terms of Service without exception, accepted the Terms of Service and given your unconditional consent to the Terms of Service governing your access to and use of the LAVA Platform, as well as the interaction between you and other Users on the basis of separately concluded agreements between you and other Users within the Platform.

1.4. Please immediately stop using the LAVA Platform in any form or by any means if you: (1) have not read or do not fully understand the terms and conditions set out in these Terms of Service; or (2) consider the legal regulation of the relations between you and LAVALANE LTD to be unacceptable; or (3) have not reached the appropriate age and/or have not obtained the approvals/permissions to use the LAVA Platform as required in accordance with the applicable laws; (4) do not understand the result or consequences that your actions upon your acceptance of these Terms of Service may have; (5) do not agree with the Terms of Service (or any of the terms and conditions set out in the Terms of Service); 6) are not an authorized representative of the legal entity on behalf of which you use the LAVA Platform.

1.5. ACCESS TO THE AUTHOR'S CONTENT (VIDEOS, AUDIO RECORDINGS, IMAGES, DOCUMENTS AND OTHER ELECTRONIC FILES) IS PROVIDED TO USERS ON THE BASIS OF CONTRACTS CONCLUDED BETWEEN THE AUTHORS AND USERS. THE LAVA PLATFORM IS USED SOLELY TO ENABLE AUTHORS AND USERS TO ENTER INTO CONTRACTS FOR THE USE OF AUTHORS' CONTENT, LAVALANE LTD ITSELF DOES NOT SELL ACCESS TO ANY CONTENT (RIGHTS TO USE CONTENT) AND IS NOT RESPONSIBLE IN CASE OF VIOLATION OF THE TERMS OF ANY CONTRACTS BETWEEN THE AUTHORS AND THE USERS. LAVALANE LTD ACCEPTS PAYMENTS AND TRANSFERS THEM TO AUTHORS AS AN AGENT OF THE AUTHOR, ACTING ON BEHALF AND AT THE EXPENSE OF THE AUTHOR, NOT BEING A PARTY TO CONTRACTS BETWEEN AUTHORS AND USERS AND WITHOUT ASSUMING ANY RIGHTS AND/OR OBLIGATIONS UNDER CONTRACTS CONCLUDED BETWEEN AUTHORS AND USERS. THE RESPONSIBILITY FOR EXECUTION OF THE CONTRACTS IN RELATION TO THE AUTHOR'S CONTENT CONCLUDED BETWEEN THE AUTHORS AND THE USERS, INCLUDING THE RETURN OF THE PAYMENT IN CASE OF BREACH OF THE CONTRACT SHALL BE BORNE SOLELY BY THE AUTHOR WHOHAS CONCLUDED THE RELEVANT CONTRACT WITH THE USER.

2. TERMS AND DEFINITIONS

Unless otherwise expressly provided for in the text of the Terms of Service, capitalized terms shall have the following meanings for the Terms of Service and appendices throughout the text of the Terms of Service, including the preamble:

2.1. "User" shall mean any person who uses the Platform in any way, including, but not limited to: viewing materials and information posted on the Platform; registering on the Platform; using the User's (Author's) Personal Account; filling the Personal Page with information about themselves; interacting with the Authors about gaining access to the Authors' Content; sending a web link to the Platform to a third party; taking other actions available within the Platform.

2.2. "Author" shall mean a User registered on the Platform as an Author who posts or has plans to post the Author's Content (Uploads Author's Content), enters into contracts with Users for the right to use Author's Content using the Platform.

2.3. "Administration" shall mean LAVALANE LTD (Cyprus), HE 387079, located at the address: Vas. Freiderikis, 20 EL GRECO HOUSE, 1st floor, Flat/Office 104, 1066, Nicosia, Cyprus, which owns the rights to the Platform and provides access to the Platform.

2.4. "Author's Content" shall mean electronic files, including, but not limited to, video or audio clips, images, documents, posted by the Authors through their Personal Account, with terms of access to them to be defined (paid or free basis), and with such access to be provided by the Author to other Users on the Author's Account Profile on the terms and conditions of the contracts concluded between the Author and the User using Platform.

2.5. "Platform" shall mean a web service that is accessed on the Website, which is an organized collection of interconnected computer programs, texts, graphics, photos, video materials, and other items covered by copyright. The Platform enables Authors to upload and post the Author's Content on the Platform in order to provide access to the Author's Content to other Users (subject to the terms defined by the Author and to the contacts concluded between the Author and the User through the Platform), and the Platform enables other Users to get access to the Author's Content subject to the terms of these Terms of Service and the terms under which the Author provides access to the Author's Content in accordance with the agreements entered into between the Author and Users through the Platform.

2.6. "Website" shall mean an Internet site at https://lava.top.

2.7. "Administration's Fee" shall mean a fee paid by the Author to the Administration acting as the Author's agent for collecting and accepting payments from the User on behalf of the Author for providing access to the Author's Content in accordance with the contract concluded through the Platform between the Author and the User. The relationship for withholding the Administration's Fee arises solely between the Author and the Administration without the participation of the User who acquires access to the Author's Content.

2.8. "Author's Fee" shall mean the fee paid by the User to the Author for access to the Author's Content, in cases where access is granted on a paid basis.

2.9. "Terms of Service" shall mean the text of these Terms of Service, as also any appendices thereto.

2.10. "Subscription" shall mean a period of time paid by the User to the Author, calculated from the date of payment, during which the User is granted access to the Author's Content (certain Items of the Author's Content). Subscription period shall be 30 calendar days, unless another Subscription period (including, but not limited to, 2 calendar months, 3 calendar months, 6 calendar months, 12 calendar months) is set at the page of the Website where access to the Author's Content on the Subscription terms is offered, and the User, paying the Author's Fee on the Subscription terms, agrees with the relevant Subscription period.

2.11. "User's Account Profile" shall mean an Internet page that is created by the User along with the Personal Account, which contains User information available for viewing by other Users (to the extent permitted by the User themselves).

2.12. "Author's Account Profile" shall mean an Internet page that is created by the Author-User along with the Personal Account; such Account Profile contains Author information available for viewing by other Users (to the extent permitted by the Author themselves), and contains the Author's Content in respect of which the Author concludes contracts with the Users and provides access to Users.

2.13. "Credentials" shall mean sign-in information for the Personal Account, including username (User's email address) and password. If the User accesses the Personal Account using a social media account, the sign-in information for such User's social media account shall be considered as Credentials.

2.14. Personal Account shall mean an individual User's (Author's) section of the Platform, that is protected by authentication parameters using Credentials, and is created for the User (Author) after their registration on the Platform.

2.15 "Uploading" shall mean posting an electronic file containing an Item of the Author's Content on the Platform by the Author.

2.20. Item of the Author's Content shall mean a separate video or audio clip posted by the Author on the Platform.

3. PURPOSE OF THE PLATFORM AND SUBJECT OF THE AGREEMENT

3.1. The platform is an online resource within which the Administration enables the User, and the User is enabled, by means of the software and hardware of the Platform, to: (1) review the information posted by the Administration on the Platform about the functional purpose of the Platform; (2) use the functionality of the Platform under the terms of these Terms of Service; (3) register on the Platform and create User's Personal Account; (4) conclude contracts with the Author for provision of access to the Authors' Content based on a Subscription or one-time Author's Fee, subject to the terms defined by the Author; (5) register on the Platform and create an Author's Account Profile to enter into civil relations (concluding contracts) with Users for provision of access to the Authors' Content; (6) being the Author, post their Author's Content at their Author's Account Profile; (7) being the Author, on a paid basis (for the Author's Fee) and/or free basis and subject to the terms defined by the Author at their Account Profile, provide other Users with access to their Author's Content according to contracts concluding between the Author and the User; (8) receive information messages about new items of the Author’s Content posted on the Platforms and details of Authors who posted them; (9) review other information and materials posted on the Platform and perform other actions available within the Platform, including in the Personal Account. Some of the functionality specified in this clause is available only to registered Users.

3.2. By accepting the terms of these Terms of Service, the User wishes to declare their understanding that the Administration: (1) is not the Author (in the context of these Terms of Service); (2) does not post the Authors’ Content on its own behalf; (3) does not act as a party to civil law contracts entered into by and between Users and Authors regarding the provision of access to the Authors' Content; (4) does not verify the authenticity and Authors' ownership of the Authors' Content, does not guarantee the Author's relevant rights; (5) unless otherwise expressly provided for in the text of the Terms of Service or appendices thereto, does not act as a guarantor, agent (with the exception of the Administration's function to accept payments from Users for access to the Author's Content on behalf of Authors on the basis of agreements concluded between the Authors and Users), initiator of the execution, attorney, intermediary, beneficiary, representative of any of the parties, guarantor or other interested person under contracts entered into by and between Users and Authors, or any other transactions made by Users and Authors, (6) does not guarantee the legal capacity of Users and Authors to enter into civil relations regarding access to the Authors' Content; (7) does not guarantee that the User or Author uses their personal data when entering into a civil contract regarding access to the Author's Content, does not guarantee the accuracy, reliability and completeness of such personal data; (8) does not provide any guarantees regarding the quality of the Authors' Content posted on the Platform, the suitability of the Authors' Content for certain purposes, the conformity of the Authors' Content to any User expectations.

3.3. In connection with above-said in clause 3.2. above, as well as due to the fact that the Administration cannot guarantee that the information and any details that Users (including Authors) provide about themselves on the Platform (or otherwise inform other Users) are true and that the User is really who they appear to be, the Administration recommends that each User be extremely cautious and attentive when entering into civil law relations regarding the provision of access to the Authors' Content according to the contacts concluded between Users and Authors through the Platform, verify the identity of Authors before entering into such relations, and, if possible, require confirmation of the Author's relevant rights. The platform does not provide services that provide or verify the identity of Users (including Authors), information about the Authors at the pages with information about the Author's Content are indicated by the Authors themselves.

3.4. A User who wants to get access to any Author's Content must first register on the Platform and create a User's Personal Account.

3.5. By accepting the terms of these Terms of Service, the User wishes to declare their understanding that any interaction of Users with each other (including Authors) through the Platform is carried by Users independently, and the Administration does not participate in such interaction, therefore, is not responsible for actions of Users (including Users and Authors) in relation to each other.

3.6. Unless otherwise expressly provided for in the text of these Terms of Service, access to the Platform, including registration and use of certain functions of the Platform, shall be provided free of charge. Users' access to the Authors' Content is carried out on a free or paid basis subject to the terms defined by a particular Author on their Author's Account Profile. The relations between the Author and the Administration regarding the performance of agency actions by the Administration to collect payment from Users for obtaining access to the Author's Content for subsequent transfer to the Author are regulated by these Terms of Service and the Agency Agreement (APPENDIX No. 1 to the Terms of Service).

3.7 These Terms of Service have a mixed nature, i.e. they contain elements of various contracts. In particular, the Agreement contains elements of a license agreement (in terms of granting the right to use the Platform) and an agency agreement (in terms of accepting payments for Author Content from the Users for subsequent transfer to the Authors).

4. GENERAL TERMS OF USE OF THE PLATFORM, RESTRICTIONS ON USE

4.1. When using the Platform, the User must fully comply with the terms of this Agreement, as well as provisions of applicable laws, statutes of the law of any other country in which the User accesses the Platform/Personal Account, and also respect any rights and legitimate interests of other Users and any third parties.

4.2. The User (including the Author) must, when interacting through the Platform with the Administration and with other Users (including Authors), proceed from and be guided by the principles of good faith, reasonableness, and decency.

4.3. When using the Platform, the User (including the Author who is posting the Author's Content) may not:

4.3.1. Make any attempts to gain unauthorized access to any part or any functionality of the Platform or to any network connected to the Platform.

4.3.2. Use any algorithms, methods, techniques, processes, devices to obtain unauthorized access to third-party information using the Platform; to obtain access, acquire, copy or track any part of the Platform, to reproduce or obtain access in circumvention of the navigation or display system used within the Platform; to obtain or attempt to obtain any materials, documents or information using any means not specifically provided through the Platform.

4.3.3. Represent themselves as another person or representative of the organization when interacting with the Administration and/or with other Users or third parties.

4.3.4. Post any information on behalf of a third party within the Platform without having the appropriate permission/consent.

4.3.5. Post (send) an information or messages in any form (including popularization) related to the use or distribution of drugs, alcoholic beverages, psychotropic drugs, nicotine-containing products and devices for the consumption of nicotine-containing products; promote terrorism and extremism.

4.3.6. Post or discuss in any form any advertising materials, including links to websites or referral links, without prior approval from the Administration.

4.3.7. Post any materials or information in violation of third-party rights, including, but not limited to, in the field of intellectual property, copyright, and/or related rights.

4.3.8. Post information or materials that may mislead other persons, including, but not limited to, regarding the identity of the User (Author) or Author's Content data.

4.3.9. Insult, defame, humiliate, or threaten, or damage the business reputation of other Users (Authors) or third parties, or infringe their rights in any other way.

4.3.10. Post, publish, or distribute any illegal, obscene, harmful information, information that provokes or promotes inter-ethnic or ethnic conflicts, wars, clashes, riots, public unrest, etc.; distribute information that incites racial or inter-ethnic hatred and animosity, disseminate information about military activities and the movement of military units and equipment, etc.

4.3.11. Distribute advertising, political and propaganda materials, unsolicited commercial letters (spam), descriptions of or invitations to any pyramid schemes.

4.3.12. Promote criminal or illegal activities using the Platform.

4.3.13. Post instructions for committing criminal or illegal actions, or instructions for committing suicide, post information that may harm the health or development of minors in the public domain.

4.3.14. Unlawfully collect, distribute or process the personal data of other Users and third parties.

4.3.15. Distribute any software viruses, Trojans, corrupted files, or any other elements of destructive or misleading nature.

4.3.16. Post restricted access information (state or commercial secrets, privacy information of third parties).

4.3.17. Post any links to other websites without prior approval from the Administration.

4.3.18. Post images, audio recordings and videos, as well as links to images, audio recordings and videos, containing elements of pornography, violence, promotion of terrorism, neo-Nazism, discrimination on any basis, images of alcoholic beverages or narcotic drugs, obscene, offensive messages, or profane language.

4.3.19. Use the Platform in any illegal activities, including, but not limited to: (1) financing of terrorism, extremism, or other similar activities; (2) financing of prostitution, escort services; (3) provision of sexual services (including the provision of such services with access to a webcam).

4.3.20. Copy/reproduce the Authors' Content posted on the Platform without their permission for the purpose of illegal borrowing, licensing (sublicensing), sale (resale), or other illegal distribution.

4.3.21. Post information aimed at infringing on rights of any minorities.

4.3.22. Post any personal information of other Users or third parties without their personal consent.

4.3.23. Collect, extract, record, systematize, use, transmit, distribute, copy, reproduce and perform any other actions with respect to information posted by Users on Users' Account Profiles (including with the use of automatic information gathering or other data processing tools) for purposes other than those provided for by these Terms of Service.

4.3.24. Post images and videos containing scenes of animal cruelty or violence against animals.

4.3.25. Create multiple Personal Accounts within the Platform (except for the case when the User has both the User's Personal Account and the Author's Personal Account).

4.4. The restrictions and prohibitions referred to in clause 4.3. above (including the subclauses) will apply equally to any Author's Content, as well as to any materials uploaded to the Platform (posted on the Platform) by any Users.

4.5. Within the Platform, Users who have a Personal Account shall be able to leave comments on any Authors' Content posted by the Authors. When posting comments (in addition to what is provided for in clause 4.3. above), it is not permitted to:

4.5.1. Post comments that are not related to the particular Item of the Author's Content, where the comment is left.

4.5.2. Post any messages that do not have any meaning.

4.5.3. Post messages aimed at discussing any actions of the Administration related to the moderation of comments (if moderation is provided).

4.5.4. Use any profane, obscene, abusive, insulting, threatening, discriminating (on any basis) words and expressions in the comments.

4.6. The Administration may at any time delete any materials posted by the User (including the Author's Content (any Item of the Author's Content), an image, or a comment) if the Administration considers that the materials are not consistent with the terms of these Terms of Service.

4.7. The Platform will also enable the registered Users to send messages to other registered Users to discuss the Author's Content. Users may not use this functionality for any other purpose. When using this functionality, Users must fully comply with all the provisions of the Terms of Service and the applicable laws. Any correspondence carried out within the Platform cannot be treated as personal correspondence, and if the User sends a personal message to another User, that is not intended for publication on the Platform, the Administration shall keep the content of the relevant messages confidential in accordance with applicable law.

4.8. If the Administration has reason to believe that the User has violated any of the provisions of this section 4 of the Terms of Service (as also any other restrictions and prohibitions provided for by the Terms of Service), the Administration shall be entitled, at its discretion, to suspend or delete the User's Personal Account (if the User has a Personal Account), including the Author's Personal Account, and terminate contractual obligations with such User regarding the use of the Platform by the User (Author) and the Platform functionality provided within the Personal Account.

5. REGISTRATION ON THE PLATFORM, CREATION AND USE OF A PERSONAL ACCOUNT

5.1. The following functionality of the Platform is available only to Users who have a User's Personal Account and have registered on the Platform: to (1) interact with Authors through the Platform's functionality and/or conclude contracts with the Authors; (2) comment on the Authors' Content; (3) create and fill out the Account Profile; (4) acquire the Author's status, create the Author's Account Profile, conclude contracts with the Users and post the Author's Content on the Platform; (5) other functionality of the Platform if such is provided for on the Platform's pages and in the text of these Terms of Service and/or other agreements and contracts entered into by and between the Parties.

5.2. Registration shall mean a a set of User's actions taken in accordance with the instructions specified on the Platform, including submission of details and other information by the User directly using a special registration form in the Platform's User interface or other means available for registration on the Platform to gain access to the Platform's functionality available to registered Users.

5.3. To register on the Platform and create a Personal Account, the User must enter the following information in the registration form on the Platform: (1) User's name; 2) User's surname; 3) User's email address; 4) password known only to the User for authorization (access) to the Personal Account (the Administration is entitled to set special requirements for the User's password (length, admissible characters, etc.), that must be met to register). After entering the above information into the registration form, the User shall click on the Register button. To complete the registration process and create a Personal Account, the User must confirm the registration by clicking on the Internet link sent to the User by the Platform to the User's email address provided by the User when filling out the registration form.

5.4. To register on the Platform and create a Personal Account, the User may use their account on one of the social media services in the list provided in the registration form on the Platform. If the User uses a social media account for registration on the Platform, the information for registration and creation of a Personal Account shall be provided by the User to the Administration from the relevant social media platform (the administrator of the social media platform).

5.5. The User may have only one Personal Account on the Platform (except for the case when the User has both the User's Personal Account and the Author's Personal Account). Registration and creation of a Personal Account may be performed with the use of one email address or one social media account only once. Re-registration and creation of a Personal Account using an email address or social media account previously used for registration shall not be permitted.

5.6. When performing actions aimed at registering on the Platform, the User shall confirm that they are a person who, in accordance with the applicable laws, has reached the legal age sufficient to gain access to and use the Platform (including, but not limited to, for registration on the Platform), or a person who has obtained the necessary consents (if permissible according to the applicable laws) to gain access to and use the Platform (including, but not limited to, for registration on the Platform) (for example, the consent of parents, guardians, trustees, or other legal representatives).

5.7. When filling in the appropriate registration fields or registering using a social media account to register on the Platform, the User must provide only reliable and complete information about themselves, and subsequently keep this information updated.

5.8. If the Administration has reason to believe that any User provides false and/or incomplete information about themselves, the Administration shall be entitled, at its discretion, to suspend or delete the User's Personal Account and terminate contractual obligations with such User regarding the use of the Personal Account by the User and the Platform functionality provided within the Personal Account.

5.9. The Administration reserves the right at any time to request the User to confirm the details submitted during the registration, in particular for the purpose of identifying the User, by submitting the supporting documents. The User's failure to submit the requested details and documents shall be equivalent in terms of the consequences to the provision of false or incomplete information by the User during the registration process. The documents that the Administration may request from the User for the purposes in this clause: citizen's passport, driver's license, seafarer's identity document, military service card, foreign citizen's passport, or foreign citizen's identity document, other documents certifying the identity in accordance with the legislation of the User’s country of residence, as well as documents confirming that the User has sufficient rights to post any information and/or materials on the Platform. Documents specified in this clause shall be provided upon request of the Administration within a period not exceeding 2 (two) calendar days.

5.10. If the User data submitted by the User in the documents does not match the data specified during registration, or where the data so specified may not be used to identify the User, the Administration shall be entitled to deny the User's access to the Personal Account and the use of functionality available for registered Users.

5.11. The User shall log in to the Personal Account (pass the authorization) using the following Credentials: login – the User's email address and password specified during the registration process (the password can be changed by the User later through the Personal Account). Any User who has registered using a social media account will log in to the Personal Account (pass the authorization) after logging in (if required) to the social media account.

5.12. Any User registered on the Platform shall be solely responsible for the security (effectiveness against guessing) of the chosen means of access to the Personal Account and will ensure their confidentiality. The User shall be solely responsible for all actions (as also their consequences) within or using the functionality of the Platform through their Personal Account or any data used to log in to their Personal Account.

5.13. Any User registered on the Platform shall not transfer any data used to log in to their Personal Account to any third parties under any conditions (including based on contracts or agreements) and shall maintain the confidentiality of such data.

5.14. The combination of Credentials is the means of the User’s simple electronic signature. All actions within or using the functionality of the Platform performed using the User's Credentials and the User's Personal Account shall be considered to be performed within the Platform by the User themselves using a simple electronic signature of the User.

5.15. The User must immediately notify the Administration of any case of unauthorized access (access not authorized by the User) to the Platform using the Personal Account, as well as of any breach (suspected breach) of confidentiality of their Credentials (or data used to log in to the social media account).

5.16. For the purposes of the basic security requirements when using the Platform, the Administration recommends that the User always shut down (log out of) the User's Personal Account after use of the Platform.

5.17. The Administration shall be entitled to suspend or delete the User's Personal Account, and to prohibit the User from accessing the Platform using any other Personal Account, in case the User violates the provisions of this Agreement or other terms, contracts/agreements entered into with the User.

5.18. The Administration must maintain the confidentiality of the User's Credentials known to the Administration.

5.19. If the User believes that he will no longer use the Platform, we may delete his account. Please note that deleted account and content cannot be recovered. You should download a copy of your content from Platform before deleting your account. To delete your account, contact us: [email protected]

6. EXCLUSIVE RIGHTS OF THE ADMINISTRATION, USERS, AUTHORS AND THIRD PARTIES

Administration's Content.

6.1. The Administration shall have all the necessary rights to the intellectual property that the Platform is composed of (including any materials that it is composed of). The exclusive rights to the Authors’ Content published on the Platform are held directly by the Authors or by persons authorized by the Authors to publish the Authors' Content.

6.2. The Platform may contain information, including, but not limited to, data, applications, special offers, press releases, photos, graphics, texts, images, logos, icons, drawings, software, audio and video materials, trademarks, copyrights, other intellectual property and other materials owned by third parties, including, but not limited to, those affiliated with the Administration. Such intellectual property and materials shall be used by the Administration on a legal basis.

6.3. Any materials posted within the Platform shall be in the copyright of the Administration, as also third parties, including the Authors who posted the Authors' Content subject to the terms of these Terms of Service.

User's Content.

6.4. The User understands that:

6.4.1. Unless otherwise expressly provided for by these Terms of Service, or any other document regulating the relations between the Administration and the User, or any other document regulating the relations between the User and the Author, when using the Platform, the User shall not: (1) be granted any exclusive rights or licenses with respect to any materials posted on the Platform, including, but not limited to, rights to the Author's Content, any logos, trademarks, any other intellectual property used and/or posted within the Platform by the Administration or the Authors; (2) be granted any rights to copy, publish, demonstrate, make available to the general public, upload, transmit, create derivative work based on the Authors' Content, rent out or hire out, or license the Authors' Content posted on the Platform, as also any other Platform materials.

6.4.2. Any use of the Authors' Content or other materials posted on the Platform without the appropriate permission of the Author (with respect to the Author's Content), the Administration (with respect to other materials), or other third parties (with respect to any third party materials) shall be prohibited and subject to legal action, unless otherwise provided for in these Terms of Service.

6.5. To fill the Account Profile with information, as well as for the purpose of discussing (commenting on) the Author's Content, the User shall be entitled to post materials available to other Users (texts, images, etc.) through the Personal Account. The ability to fill the User's (and Author's) Account Profile, the information at which is available to other Users, shall be provided to Users for discussing the Author's Content.

6.6. The User may post the materials specified in clause 6.5. above only if all the conditions specified below are met:

6.6.1. The User has all the necessary rights, permissions, licenses, consents, etc., obtained in accordance with the established procedure from the authors of such materials (or other applicable copyright holders), or is the author of the materials.

6.6.2. Posting of the materials does not violate any third-party rights or the applicable laws, as also as laws of the country from which the User accesses the Platform.

6.6.3. Posting of the materials does not violate the provisions of these Terms of Service and/or other agreements, or contracts entered into by and between the User and the Administration.

6.7. The User understands that the Administration does not act as a distributor of materials posted by the User. The User creates, edits, posts, and makes such materials available to the general public independently without any participation of the Administration or prior agreement with the Administration.

6.8. By posting the information and materials referred to in clause 6.5. above on the Platform, the User makes such materials and information available to other Users and third parties.

6.9. It is understood and agreed by the User that the Administration does not censor materials posted by Users. The Administration will take all necessary actions to protect the rights and ensure compliance with the requirements of applicable laws only as requested by authorized persons in accordance with the procedure established by law.

6.10. For the purposes referred to in clause 6.5. above, the User will, by posting the materials specified in the same clause on the Platform through their Personal Account, give the Administration a non-exclusive right to use these materials free of charge on a non-exclusive basis (non-exclusive license). The Administration may use these materials as follows: reproduce, copy, distribute, display, bring it to the public via the Internet, translate or process otherwise, or perform other actions provided for by the applicable laws. This non-exclusive right shall be granted for the term of posting materials on the Platform and be effective throughout the world.

6.11. The non-exclusive license referred to in clause 6.10. above shall be granted for the purpose of ensuring that the Administration enables the User to use the functionality of the Platform in terms of posting materials and information for the purpose of filling the Account Profile and commenting on Works, interacting with other Users to the extent permitted by the Platform and the Terms of Service.

6.12. If the User deletes the materials posted by them for the purposes specified in clause 6.5. above from the Platform, the non-exclusive right granted by the User to the Administration will be automatically revoked, but the Administration reserves the right, where required by the technical features of the Platform, to keep backup copies of the User's materials for the period required by the Administration that shall not be less than 3 (three) years.

6.13. The User understands that, except for their own materials, the User does not have the right to upload or make available to the general public otherwise (to publish on the Platform) materials of third parties (copyright holders of such materials), without the consent of such third parties. In such a case, the User shall be solely responsible for the violation of this provision.

6.14. Any User (or a third party) who believes that any part of the Platform (materials available on the Platform, including Authors' Content) violates the rights of the User (or another person in whose interests the User acts) to the result of intellectual activity should send a notice of infringement of copyright and/or related rights using contact information published at the Website.

Author's Content.

6.15. The Authors' Content shall be uploaded and posted on the Platform by the Authors independently, the Administration grants Authors the right to use the Platform for the purposes of posting Content, but does not participate in the process of choosing the Authors' Content to be posted and the terms of access to the Authors' Content.

6.16. The Author may upload and post on the Platform only those Items of the Author's Content in respect of which the Author has all the rights necessary to post the Author's Content on the Platform under the terms of these Terms of Service and to provide access to the Content to other Users.

6.17. The Author may upload and post the Author's Content on the Platform only if all the conditions listed below are met:

6.17.1. The Author is the creator of the Author's Content who has the right to upload and post the Author's Content on the Platform, or the Author is not the creator of the Author's Content (individual elements of the Items of the Author's Content) but has all the necessary rights, permissions, licenses, consents, etc., obtained in accordance with the established procedure from the authors of such materials (or other applicable copyright holders) to post the Author's Content on the Platform.

6.17.2. Posting of the Author's Content on the Platform does not violate any rights and legitimate interests of any third parties.

6.17.3. The Author's Content posted by the Author does not violate the applicable laws and/or the laws of the country from which the User accesses the Platform.

6.17.4. Posting of the Author's Content does not violate any of the terms of these Terms of Service, and the Author's Content itself and the Author's actions to Upload and post it fully comply with the terms of these Terms of Service.

6.17.5. No claims will be made to the Administration in connection with the posting of the Author's Content on the Platform.

6.18. The works uploaded by the Author are subject to all the requirements and restrictions provided for in section 4 of these Terms of Service, as well as other restrictions and prohibitions provided for by the Terms of Service.

6.19. The Author understands that by posting the Author's Content on the Platform the Author makes such Author's Content available to registered Users, on the terms subject to which the Author, using the functionality of the Platform, provides access to their Content.

6.20. It is understood and agreed by the Author that the Administration does not censor the Author's Content posted by the Author and the information accompanying the Content. The Administration will take all necessary actions to protect the rights and ensure compliance with the requirements of applicable laws as requested by authorized persons in accordance with the procedure established by law.

6.21. The Administration may delete the Content posted by the Author from the Platform when the Administration receives a notice of infringement of copyright and/or related rights from a person who believes their rights are violated by the Author's posting of the Author's Content on the Platform.

6.22. The Author shall be solely and fully liable to third parties for violation of copyright and other rights of such third parties by the Content posted by the Author within the Platform.

6.23. By uploading and posting the Author's Content on the Platform, the Author shall, for the purposes of posting on the Platform and providing other Users and third parties with access to the Author's Content through the Platform, give the Administration a non-exclusive, free license to use the Author's Content that is posted.

6.24. The Administration may use the Author's Content as follows: reproduce, copy, distribute, display, bring it to the public via the Internet, translate or process otherwise, or perform other actions provided for by the applicable laws. This non-exclusive right shall be granted for the term of posting of the Author's Content on the Platform and be effective throughout the world.

6.25. The non-exclusive license referred to in clause 6.23. above is granted to ensure that the Administration complies with the terms of these Terms of Service, to place electronic files containing the Author's Content within the Platform, and that Users who have been granted access to the Author's Content by the Author are enabled to see (view) the Author's Content, and that the Platform provides all other functionality stated. This non-exclusive license shall be considered granted to the Administration from the moment of Upload and display of an electronic file containing the Item of the Author's Content on the Author's Account Profile within the Platform.

6.26. By posting the Author's Content on the Platform, the Author agrees that Users can leave comments to the Author's Content and rate (like) the Author's Content using special forms on the Platform.

6.27. If the Author removes an Item of the Author's Content from the Platform, the non-exclusive right granted by the Author to the Administration will be automatically revoked, but the Administration reserves the right, where required by the technical features of the Platform, to keep backup copies of the Author's materials for the period required.

6.28. The Administration may limit the Author's right to delete the Content if there are active Subscriptions to the Author's Content paid for by the Users, until the expiration of the relevant Subscriptions, as well as to establish the term for prior notification of the Administration by the Author about the intention to delete the Content, in order to observe the rights of the Users under the contracts concluded between the Author and the Users.

6.29. The Copyright Infringement Complaints Policy, posted on the Website at https://faq.lava.top/article/10595, shall constitute an integral part of these Terms of Service. By registering for a Personal Account, the Author agrees to this Policy without any exceptions or limitations.

7. CONDITIONS FOR GRANTING ACCESS TO THE AUTHOR'S CONTENT/THE AUTHOR'S FEE

7.1. Any User may become an Author by registering the Author's Personal Account and creating an Author's Account Profile, in accordance with section 5 of the Terms of Service.

7.2. If the Author is a legal entity that intends to participate in relations with the Administration as a legal entity, the status of a corporate Author on the Platform shall be assigned to the corresponding Author after the Author's authorized representative signs a application of adherence to the Terms of Service according to the form of Appendix No. 2 to these Terms of Service and uploads a scanned copy of the said application in the Platform interface. If a corporate Author uploads a scanned copy of the signed application of adherence to the Terms of Service on the Platform, these Terms of Service (including all appendices thereto) and the application of adherence to the Terms of Service shall constitute a single contract between the Administration and the corporate Author. The Administration shall have the right to demand that the corporate Author provide documents confirming the proper registration of the Author as legal entity and the authority of its representative. Provisions of these Terms of Service about the corporate Authors may also be applied to the Authors with status of individual entrepreneurs.

7.3. After registering as an Author, the Author may post the Author's Content and determine the levels of access to this Content, and decide whether to grant access to the uploaded Author's Content to other Users of the Platform on a paid or free basis, and determine the amount of the Author's Fee to be paid by Users for providing such access, and the Subscription cost.

7.4. The Authors will post two types of Content on the Platform: (1) for providing access, where there is no Author's Fee (free Content); and (2) for providing access, where there is an Author's Fee (paid Content). The Authors shall at their discretion determine which Content is paid and which is free, and they can also change the mode of access to their Content at their discretion, by making free Content paid and vice versa. The Author's offer to sell access to the paid Content under the terms and conditions reflected on the Author's Content page is recognized as a public offer to the Users. The User is entitled to accept the Author's offer to provide access to the paid Content by performing conclusive actions, and namely - by paying for access to the paid Content under the terms of the Author's offer. The agreement between the Author and the User is a license agreement to provide access to the Content with the User’s right to view it under a non-exclusive license and without granting the User any other rights with respect to the Content.

7.5. A registered User can get access to the free Author's Content on the Author's Account Profile without paying any Fee to the Author. To get access to the paid Author's Content, the User shall enter into a contract with the Author to provide access to the Content by paying the Author`s Fee in the form of a one-time payment or periodic payments (Subscription). The payment terms (one-time payment or Subscription) shall be determined by the Authors themselves, and the User can view the payment terms and the amount of the Author's Fee on the Author's Account Profile and (or) on the page of the Website where the paid Content is posted.

7.6. By accepting the terms of these Terms of Service, any Author on the Platform appoints the Administration as its agent for communicating with Users to collect payments for the Author's Fee (both one-time payments and Subscription payments) under the terms of Appendix No. 1 to these Terms of Service. The Administration, as an agent of the Author, shall only carry out the actual collection of payments in favor of the Author, shall not be a party of a contract between the Author and the User, shall not act as a party responsible for the Author's Content, its data, the procedure for and time of its provision, and shall not be responsible for any actions/omissions of the Author in relation to the User who paid for access to the Content, or to any third parties. The Administration's sending to the User a check, a receipt or any other document, the execution of which is required by applicable law, confirms that the Administration has accepted the payment on behalf of the Author and does not vest the Administration with any rights or obligations arising from the contract between the User and the Author. Unless otherwise provided by these Terms of Service, the return of payments for access to the Content in case of violation by the Author of the terms of its provision under the contract with the User shall be made by the Author himself/herself. The procedure for refund of payments for access to the Content is published at the following page of the Website: https://faq.lava.top/article/10596 and constitutes an integral part of these Terms of Service.

7.7. Taking into account clause 7.6. above, the payment of the Author’s Fee to the Author shall be made through the Platform, in any way available on the Platform, and in any case the Administration has no obligations other than to transfer the Author’s Fee to the Author. Due to technical limitations of international payment systems, if the Author has requested the payment of the Author's Fee in a currency other than Russian rubles, the payment of the Author's Fee is made by the User using bank (payment) cards issued by banking (financial, credit) organizations outside the Russian Federation.

7.8. By subscribing to the Author's Content, the User agrees to make repeated automatic regular (recurring) payments for the relevant Subscription every 30 (thirty) days, or at other intervals set forth on the page of the Platform with the Author’s Content, without re-entering the bank card details and without additional confirmations by the User. At the first payment for Subscription, the User's card details are stored by the electronic payment service operator: when paying in Russian roubles - "Bank 131" Limited Liability Company, OGRN 1191690025746, INN 1655415696, banking license №3538 dated April 12, 2019, when paying in another currency - UNLIMINT EU LTD, registration number FC037147, unless other information is provided on the payment page in the interface of the Platform. The User may cancel further payment for the Subscription at any time using the User's Personal Account interface, and at the end of the paid Subscription period, the Subscription will be suspended until the User pays for the next Subscription period.

7.9. Access to the Author's Content paid for by the User shall be provided at the time of payment by the User. In this connection, the Author's service to provide access to the Author's Content shall be deemed provided at the time of payment of the Author's Fee and providing the User access to the Author's Content. Access to the Content shall be provided until the Content is deleted by the Author. The User understands and agrees that the Author's service of providing access to the Author's Content will be deemed properly rendered by the Author, including, if the Author further removes the Author's Content. The Administration and the Author do not guarantee the ability to access the Content for an unlimited period of time.

7.10. By agreeing to these Terms of Service, the User also agrees to the term for which the User is entitled to view the Author’s Content: access to the Author’s Content is granted to the User for the duration of the Author’s Content posting on the Platform, but in any case until deletion of the User's Personal Account by the User or the Administration under the terms of these Terms of Service.

8. LIABILITY AND LIMITATION OF LIABILITY

8.1. Unless otherwise provided for in the text of these Terms of Service, the Parties shall be liable in accordance with the applicable law.

8.2. The User (including the Author) understands that they will use the Platform as it is, at their own risk. The Administration does not warrant that the User will achieve any results through the use of the Platform.

8.3. The Administration does not warrant under any circumstances that:

8.3.1. The Platform or its elements will meet the User's expectations.

8.3.2. The results that can be obtained using the Platform will be accurate, reliable, and/or trustworthy.

8.3.3. The Platform will work uninterruptedly, quickly, reliably and without errors.

8.3.4. All errors within the Platform will be corrected.

8.4. However, the Administration shall, if technically feasible, strive to improve the user experience of the Platform, improve the Platform interface, create more comfortable conditions for Users within the Platform, and timely eliminate errors identified within the Platform.

8.5. The User understands and agrees that the Administration shall under no circumstances be liable for:

8.5.1. Content of the information (materials) entered by the User to the Platform.

8.5.2. Actions of other Users taken with or without the use of the Personal Account.

8.5.3. Any losses of the User related to the use/non-use of the Platform, regardless of whether the Administration could have foreseen the possibility of such losses or not.

8.5.4. Losses that may be caused to the User as a result of the inability to use the Platform due to errors, omissions, interruptions in work, deletion of files, defects, delays in operation or data transmission, and other technological reasons, as well as the improper quality of public communication channels through which the User will access the Platform and/or Personal Account and/or Account Profile.

8.5.5. Any actions/omissions that are a direct or indirect result of acts/omissions of the User and/or third parties.

8.5.6. Unauthorized access to the controls of the User's Account Profile by third parties.

8.5.7. Inability to use the Platform in any way or failures (malfunctions) of the Platform in cases that qualify as force majeure events — for the duration of such events.

8.6. The User understands and agrees that in order to use the Platform (including the Personal Account) for its intended purpose, the User will need software (web browsers, operating systems, etc.), equipment (personal computers, network equipment, etc.), which is not provided by the Administration to the User under the Terms of Service or other agreement and, accordingly, shall not be liable for the quality of work thereof.

8.7. By accepting the terms of these Terms of Service, the User confirms their understanding that the Administration will not provide, according to the Terms of Service, the User with any services related to the connection of telephone, Internet, or other communications, and will not provide any communication services or telematic communications services, and will not configure computer equipment and other equipment.

8.8. The Platform or elements/pages/functionality of the Platform may be partially or completely unavailable from time to time due to routine maintenance or other technical works to ensure the normal functioning of the Platform. In this case, the Administration shall be under no obligation to notify Users and shall not be liable for non-receipt of information by them.

8.9. In any case, the maximum amount of losses that can be compensated by the Administration to the User and/or any third party shall be limited to the amount of one thousand (1,000) rubles. Under any circumstances, the liability of the Administration shall be limited only to actual damages.

8.10. The User shall be solely responsible for the content of any data created, uploaded, and maintained by the User within the Platform (Personal Account). The Administration does not exercise prior censorship of the information posted by the User within the Platform (Personal Account) (including any Content and Author's Content).

8.11. With the exception of warranties directly specified in these Terms of Service or other contracts/agreements entered into between the User and the Administration, the Administration shall not provide the User with any other direct or indirect warranties regarding the operation of the Platform.

8.12. If the Author violates the requirements of clause 4.3 of these Terms of Service, the Administration shall have the right to apply penalties to the Author, and the choice of specific penalty shall be at the sole discretion of the Administration. Liability measures shall include:

A warning about the inadmissibility of violation of the Terms of Service;
Removal of the Author's Content, including that the Author’s Content that violates the requirements of these Terms of Service;
Unilateral increase in the amount of the Administration's Fee, inter alia, in relation to payments received from Users and to be transferred to the Author at the time of application of the liability measure;
Unilateral extension of the term for payment of the Author's Fee;
Suspension of the Author's Fee payment until elimination of or riskthereof;
Suspension of access to the Author's Personal Account or deletion of the Author's Personal Account.

8.13. The Administration has the right, at its sole discretion, not to apply or to cancel the liability measures taken if the Author provides the Administration with proof of elimination of the violations or the absence of guilt of the Author in the violation.

8.14. The Parties shall be relieved of liability for full or partial non-performance of their obligations provided for by the Terms of Service in case of force majeure events (natural disasters, hostilities, decisions of state administration bodies, changes in legislation that directly affect the legal relations of the Parties arising from these Terms of Service, etc.)

8.15. The Party for which it became impossible to follow these Terms of Service must notify the other Party in writing on the occurrence of force majeure events not later than three (3) calendar days after their occurrence.

8.16. The occurrence of the events provided for in clause 8.14. shall extend the term of performance of contractual obligations in proportion generally to the duration of the events and a reasonable time for their elimination.

9. PERSONAL DATA PROCESSING

9.1. The Administration shall process the personal data of Users in accordance with the provisions of Federal Law No. 152-ФЗ “On Personal Data” dated July 27, 2006. The terms of processing of personal data of Users who are citizens of the Russian Federation are defined in the Personal Data Processing Policy, the full text of which is permanently and publicly available on the Internet at: https://faq.lava.top/article/10875. The terms of processing of personal data of Users who are citizens of other countries are specified in the Privacy Policy, the full text of which is permanently and publicly available on the Internet at: https://faq.lava.top/article/10875.

9.2. By accepting the terms of these Terms of Service, the User gives their consent to the processing of the following User's personal data by the Administration for the purposes of the Terms of Service:

9.2.1. Personal data provided by the User during the registration and creation of the User's (Author's) Personal Account.

9.2.2. Personal data entered by the User (Author) when filling their Account Profile (in addition to the data provided during the registration), including, but not limited to bank account details and bank card details for the purposes of transferring the Author's Fee.

9.2.3. Other information that may be provided by the User to use the functionality of the Platform, as well as for the purposes of execution, performance, amendment and/or termination of these Terms of Service, and other contracts/agreements entered into between the User and the Administration or between the User and the Author.

9.3. The Administration processes this personal data of the User solely in connection with the execution of these Terms of Service (as also other contracts or agreements concluded by the Parties), including to enable the User to use the functionality of the Platform and the Personal Account provided for in these Terms of Service.

9.4. The User hereby agrees to the processing of personal data referred to in clause 9.2. above, with or without the use of automation tools by any means, including: collection, recording, systematization, accumulation, storage, refinement (updating, modification) extraction, use, transfer (provision, accessing), depersonalization, blocking, deletion, and destruction.

9.5. The transfer of the User's personal data to third parties can only be carried out in accordance with the applicable laws.

9.6. The consent to the processing of personal data may be revoked by the User by sending a written request to the Administration's email address specified in section 12 of the Terms of Service. In case of withdrawal of consent to the processing of personal data, the Administration deletes the User's Personal account, and in this case the User acknowledges that the Administration and the Authors have fully complied with the terms of these Terms of Service and other contracts (agreements) entered into with the User.

9.7. The Administration shall process the User's personal data until the User or the Administration deletes the User's Personal Account, or the consent to the processing of personal data is revoked by the User. The Administration may continue to process Users' personal data required for accounting (tax) purposes, as well as to respond to requests from regulatory authorities and banking organizations in connection with the use of the Platform by the User, for the period prescribed by applicable law, but in any case not less than 3 (three) years.

9.8. By accepting these Terms of Service, the User represents and warrants that:

all the data specified by the User within the Platform belongs to them personally;
the User understands the purposes of personal data processing by the Administration;
the User's consent to the processing of personal data is specific, informed and conscious.

9.9. For the purpose of web analytics, tracking of the internal statistics of the Platform and ultimately optimization of the interface and overall improvement of the Platform for Users, the Administration shall automatically collect data to track the characteristics of user traffic, information about the conduct of Users on the Platform, and their preferences within the Platform. For these purposes, the Administration shall use cookies.

9.10. No cookies or information collected using cookies shall be distributed to any third parties for the purpose of obtaining any benefit.

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LAVA.TOP TERMS OF SERVICE