Terms used in this Agreement:User —an individual that registers on the Web-site in accordance with the provisions of this Agreement.
Claustrophobia — Claustrophobia LLC (OGRN 1147746157910), a legal entity that owns the title for the Web-site.
Web-site — a resource located on the Internet at the address http://phobia.ru/ and providing information about the rendered services. The Web-site gives the User an opportunity to communicate with the Quest booking system via the Internet in order to book a desired type of Quest (Session) for the desired time and at the desired location, including the opportunity to read the provided descriptions, view images, check availability, and familiarize with the terms and price of Session booking. All relations connected with Quest booking shall be regulated by separate agreements (offers) published on the Web-site.
Quest — an entertaining game that starts on time specified in the schedule and goes on for a continuous period of time in accordance with the scenario and terms specified by the Organizer, as well as requirements, rules, and limitations, including limitations imposed on the age, content, an number of Quest participants (not more and not less than the number of participants specified in the Web-site), on their state of health and physical state (in particular, absence of alcoholic or drug intoxication or certain diseases), etc. depending on the terms of a particular Quest.
Profile — a combination of an e-mail address/mobile telephone number and password used to access the User’s personal page on the Web-site and the services of the Web-site.
Personal data — any information that is directly or indirectly connected with a certain individual (subject of personal data).
1.2. Pursuant to clause 437 of the Civil Code of the Russian Federation (CC RF), this Agreement shall be considered a public offer.
1.3. This Agreement shall come into force an effect at the moment of the User’s agreement with its terms in the order specified in p. 1.4 hereof.
1.4. After completing the registration procedure the User shall be considered accepted the terms of this Agreement in full and without limitations. In case the User disagrees with the provisions hereof in full or in part, he or she shall have no right to use materials and services available on the Web-site.
1.5. Claustrophobia shall have the right from time to time to amend this Agreement unilaterally without notice by means of publishing an updated version hereof on the Web-site. The updated version of the Agreement shall come into force and effect at the moment of its publishing on the Web-site. In case the User disagrees with the provisions of the updated version in full or in part, he or she shall have no right to use materials and services available on the Web-site.
1.7. The valid version of this Agreement shall be available on the Internet at http://phobia.ru/.
2.2. This Agreement shall come into force and effect from the moment of the User’s expression of his or her agreement with its terms by means of marking (ticking) a special field near the link to the text of this User Agreement opposite the phrase: “I hereby accept the terms of this User Agreement”.
2.3. Claustrophobia shall have the right to send to the e-mail addresses and phone numbers specified by the Users in their Profiles informational or advertising messages (mailouts).
The User shall give his or her consent for receiving mailouts by means of marking (ticking) a field in his or her profile opposite the phrase “I hereby agree to receive informational messages from the Claustrophobia network”. The User shall have the right to refuse from receiving the messages by means of removing the mark from said special field.
2.4. Claustrophobia shall have the right to unilaterally limit the use of materials or services available on the Web-site for all Users or particular categories of Users.
2.5. The User shall have no right to use any devices, programs, procedures, algorithms and methods, automatic devices, or equivalent manual processes for accessing, purchasing, copying, or following the content of the Web-site.
2.6. The User shall have no right to violate safety or authentication systems on the Web-site or in any other network related to it.
2.7. The User shall have no right to use the Web-site and its Content for any purposes prohibited by the legislation of the Russian Federation or solicit any illegal or other actions violating the rights of Claustrophobia and/or third parties.
2.8. All objects available during the use of the Web-site including design elements, text, graphic images, illustrations, videos, software, databases, music, sounds, and other objects published in the Web-site (hereinafter jointly referred to as the Content) shall be covered by exclusive rights of Claustrophobia and other title owners. Any use of the Content without the consent of title owners shall be strictly prohibited.
3. Order of User Registration:3.1. In order to use the functional services of the Web-site the User should undergo a registration procedure (create a Profile) on the Web-site.
3.2. In the course of registration (Profile creation) the User shall enter into a specialized registration form his or her name, e-mail address, and a mobile phone number, as well as invents a password for accessing the account.
3.3. After entering the registration data (creation of a Profile) the User shall receive a message on his or her mobile phone number specified upon registration. The message shall contain a unique code used to confirm the registration on the Web-site. An account shall be register once on one e-mail or mobile phone number. Repeated registration (Profile creation) with the use of the same e-mail address or mobile phone number shall be prohibited. The User shall have the right to change his or her username or password in the Profile.
3.4. The User shall be liable for protecting the access data to his or her Profile and for the safety of means of access chosen by him or her. The User shall be solely liable for all his or her actions or omissions on the Web-site or in the course of using its services under his or her profile, including voluntary transfer of access data to third persons under any terms (including contracts and/or agreements). Any action carried out under the User’s Profile shall be considered performed by the User himself or herself, unless the User informs Claustrophobia about unauthorized access to his or her profile and/or any actual or suspected breach of confidentiality of his or her access data in accordance with p. 3.5 hereof.
3.5. The User should immediately inform Claustrophobia about any cases of unauthorized access to the services of the Web-site with the use of the User’s Profile and/or any actual or suspected breach of confidentiality of his or her access data. For security purposes the User shall carry out safe logout from his or her profile by selecting the “Log Out” button after the end of each session of work with the services available on the Web-site.
3.6. The User hereby agrees to provide authentic, exact, and complete personal information in accordance with the questions included into the Registration Form and to keep such information up-to-date. In case the User provides misinformation, or Claustrophobia has grounds to believe that the information provided by the User is not authentic, exact, or complete, Claustrophobia shall have the right to delete the User’s Profile or to limit the use of materials and services available on the Web-site for such User pursuant to p. 2.4 hereof.
3.7. Personal information provided by the User and contained in the Profile shall be stored and processed by Claustrophobia in accordance with the provisions of article 4 hereof.
4. Personal Data and Confidentiality Policy:4.1. When entering registration data (creating a Profile) the User shall provide Claustrophobia with information that consists of the User’s personal data and shall give his or her consent for the processing of such data by Claustrophobia, including its transfer to third parties. In case the User does not want Claustrophobia to continue the processing of his or her personal data, he or she shall delete the Profile.
4.2. The User hereby fully agrees and authorized the Company to publish and further use for advertising purposes and in the framework of advertising actions the images of the User (including his or her photos, video clips, and art pieces portraying him or her), including the results of photo or video shooting in public places or during public events.
4.3. Unless specified otherwise, Claustrophobia shall have the right to process personal data as follows: collect, store, keep, systematize, specify, use, impersonalize, or transfer to third parties.
4.4. Claustrophobia or its authorized employees may use the Users’ personal data for communication with the User and/or provide information about the users of the Web-site to third persons in the framework of contractual relations.
4.5. The processing of the User’s personal data shall be carried out in accordance with data protection regulations and this article on the confidentiality policy.
4.6. The processing of the User’s personal data shall be carried out for the purpose of User identification, granting an identified User access to materials and services available on the Web-site, establishing communication with the User, including sending notices and requests related to the use of the services available on the Web-site, rendering of services, processing of requests and applications from the User, determining the User’s location for security purposes and for the avoidance of fraud, notifying the User about the state of Quest booking, provision of customer and technical support in case of any issues connected with the use of the Web-site, provision (upon the Customer’s consent) of product updates, special offers, pricing information, newsletters and other data on behalf of Claustrophobia or its partners, a well as carrying out advertising activities upon the User’s consent.
4.7. Claustrophobia hereby guarantees that it takes all necessary organizational and technical precautions during the processing of the User’s persona data to protect said data from unauthorized or accidental access, deletion, alteration, blocking, copying, distribution, or other unauthorized actions.
4.8. The processing of the User’s personal data shall be carried out on a perpetual basis with the use of any legal means, including informational systems for personal data processing, as well as with or without the use of means of automation.
4.9. Claustrophobia shall grant access to the User’s personal data only to those persons and employees that require such data for the fulfillment of their official duties arising from this Agreement and other agreements (offers) published on the Web-site.
Claustrophobia shall guarantee complete protection of confidentiality of the User’s personal data by said employees and the safety of such personal data upon processing.
4.10. Claustrophobia shall have the right to disclose any collected information about the User of the Web-site in case such disclosure is required for an investigation or processing of a claim related to unauthorized use of the Web-site or for the identification of a User that might violate or interfere with the rights of Claustrophobia or other Users of the Web-site.
4.11. The User’s personal data may be transferred to authorized bodies of the Russian Federation on the grounds and in the order specified by the legislation of the Russian Federation.
4.12. Claustrophobia and the User shall take all necessary measures to prevent losses and other adverse consequences caused by the loss or disclosure of the User’s personal data.
5. Limitation of Liability:5.1. All materials and services available on the Web-site shall be provided as is without any warranties of completeness or timely nature as well as without other express or implied guarantees. The access to the Web-site as well as the use of its services and materials shall be carried out only at the User’s accord and risk.
5.2. Claustrophobia shall not be liable for any errors, misprints, or inaccuracies that may be detected in the materials contained on the Webs-site.
5.3. The Web-site shall contain a number of links to resources located on third party sites. These links shall be used for the convenience of the Users only and shall not indicate the agreement of Claustrophobia with the content of such third party sites. Moreover, Claustrophobia shall not be liable for the availability and content of such sites. This provision applies to all links available on the Web-site, as well as to the materials of all web-sites available through banners and links on the Web-site.
5.4. Claustrophobia shall not be liable for any illegal actions of the User against third parties or of third parties against the User.
5.6. Claustrophobia shall not be liable for any damage, losses, or costs (actual or possible) that may occur in relation with this Web-site, its use, or impossibility to use it.
5.7. Claustrophobia shall not be liable for incomplete or incorrect data specified by the User during the creation of his or her profile.
5.8. Claustrophobia shall not be liable for any delays or failures in the course of operations caused by force majeure circumstances, as well as for any failures of telecommunication, computer, electrical, or other adjacent systems.
5.9. Claustrophobia shall not be liable for the actions of bank transfer systems, banks, payment systems, as well as delays connected with their work.
5.10. In any circumstances the liability of Claustrophobia shall be limited by RUB 10,000 (ten thousand Russian rubles) and shall occur only in case of its guilty actions (pursuant to clause 15 CC RF).
6. Miscellaneous:6.1. This Agreement has been drawn up and is regulated pursuant to the legislation of the Russian Federation. Any issues not covered by this Agreement shall be resolved in accordance with the legislation of the Russian Federation. Any disputes arising from the relations regulated by this Agreement shall be resolved in the order set out by the current legislation of the Russian Federation.
6.2. Due to the free nature of services rendered hereunder regulations on the protection of the consumer rights provided by the legislation of the Russian Federation are not applicable to the relations between the User and Claustrophobia.
6.3. This Agreement shall not serve as a ground for the occurrence of any financial obligations or joint relations between the User and Claustrophobia.
6.4. If any provision hereof is considered invalid or illegal, this shall not influence the validity or applicability of other provisions of this Agreement.
6.5. This Agreement shall be concluded for an indefinite term.