1. GENERAL PROVISIONS
1.1 This User Agreement (hereinafter - Agreement) is a public offer and defines the terms and conditions for Users to use materials and services posted on Internet sites at prosport.travel, 1001challenge.shop, 1001challenge.club (hereinafter - Website or Websites) and in the Mobile Application "1001challenge" (hereinafter - Mobile Application).
1.2 The owner of Websites and Mobile Application is «ProSport & Travel» LLC.
1.2.1 The website prosport.travel contains complete information about the company's projects, including the 1001challenge project with its new active challenge, the main challenge of the project, as well as information about all current and past events held by «ProSport & Travel» LLC.
1.2.2 The 1001challenge.shop website is an advertising page and contains information about the new existing Challenge.
1.2.3 The 1001challenge.club website and Mobile application contain complete information about the 1001challenge project, including the main challenge, as well as about all current and past events held by «ProSport & Travel» LLC.
1.3 The present Agreement governs the relations between Administration of the Website and the User of this Website and works for all information which «ProSport & Travel» LLC can receive about the User during his use of the Websites, the mobile application, services, services, programs and products of «ProSport & Travel» LLC (hereinafter - Services). All existing Services, as well as any development and/or addition thereof, are subject to this Agreement.
1.4 The Website Administration reserves the right at any time to modify, add or delete clauses of this Agreement without notifying the User.
1.5 Continued use of the Website by User means acceptance of the Agreement and amendments made to this Agreement.
1.6 The User shall be personally responsible for checking this Agreement for any changes. 2. TERMS DEFINITIONS
The following terms are used in this User Agreement: «Company»
– «ProSport & Travel» LLC, a legal entity created in accordance with the legislation of the Russian Federation, carrying out its activities through Internet resources (Online-Stores) prosport.travel, 1001challenge.shop, 1001challenge.club (hereinafter - Website or Websites) as well as the Mobile Application "1001challenge," acting as the organizer of virtual sports challenges, actions, lotteries, events and other types of activities aimed at stimulating sports and promoting a healthy and active lifestyle. «Website»
– a resource located on the Internet at prosport.travel, 1001challenge.shop, 1001challenge.club and is the property of the Company. A Website is a resource that may contain or directly contains files, information, software, illustrations, photographs, and similar files that are copyrighted, trademarked, or that are subject to other identical or related rights of the Company and Users of the Website. «Mobile Application»
is a software designed to work on smartphones and tablets on Android and iOS operating systems, providing access to the online store and available for download on the User's mobile device in the "App Store" and "Google Play" services. «Online Store»
is a platform for the sale of Goods and Services on behalf of «ProSport & Travel» LLC, located on the Websites and in the Mobile Application. «Website Administration»
means authorized website management employees acting on behalf of «ProSport &Travel» LLC, who organize and/or perform personal data processing, as well as determine the goals of personal data processing, the composition of personal data to be processed, actions (operations) performed with personal data. «Website User»
(«User») means a person who has access to the Website or Mobile Application via the Internet and who uses the Website or Mobile Application. «Personal Information»
means information that the User provides about himself or herself when registering (creating an account), placing an Order on the Website, in a mobile application or during the use of the Services, including but not limited to the personal data of the User. «Website Content»
(hereinafter - Content) - protected results of intellectual activity, including texts of literary works, their titles, prefaces, annotations, articles, illustrations, covers, musical works with or without text, graphic, text, photographic, derivative, composite and other works, user interfaces, visual interfaces, trademark names, logos, programs, databases, and design, the structure, selection, coordination, appearance, general style and location of this Content, included in the Webite and other intellectual property objects all together and/or individually contained on the Website. «Challenge»
is a virtual sports competition advertised on the Website and aimed at achieving certain parameters (better distance time, certain number of kilometers, etc.) «Challenge Start Date»
- defined by the Website Administration. From that moment, registration in the challenge opens and the results can be loaded. «Challenge End Date»
- defined by the Website Administration. Reception of results is possible until 23:59:59 of this date (Moscow time). After this time, new results are neither accepted nor counted. «Result»
- data on the User's race or training, containing a photo of a tracker or other device using for measurements and recording of this training, as well as indicators such as distance length and distance time. To exclude unscrupulous athletes and fraud data cases, the Website Administration reserves the right to request additional information about dubious races or trainings that pose questions. «Download of Challenge Results»
- the Result data has to be sent to Website Support at email@example.com
l as a letter with the attached file. «Challenge Ranking»
is a summary table of results of all Challenge participants, arranged in descending order. The Challenge Ranking is updated on a regular basis when new results are added. During periods of greatest user activity, the update of results can be postponed as they require data validation and logging. The Administration reserves the right to publish new ratings in free mode, but at least twice a week, on Mondays and Thursdays of each month. Challenge ranking is published on 1001challenge.club. «Challenge Protocol»
- final Challenge Ranking formed the day after the end of the challenge and published on the website 1001challenge.club. «Project 1001 challenge points»
- points awarded for participating in the project for various actions and achievements, from registration in the program and registration in each particular challenge to taking prize places. The procedure for earning points is published on the Website 1001challenge.club. «Main Challenge Ranking»
is a summary table of all Challenge participants, which contains information on the points scored as part of participating in the project at the moment. The main ranking of the project is published on the site 1001challenge.club. «Prize»
is a material award for Challenge winners. Prizes in this project are nights in hotels, as well as other types of tourist services. The prize is available for the winner within two years from the moment of presentation and cannot be transferred to another person. If it is impossible to use the Prize - no replacement is made and no compensation is provided. «Main Prize of Project 1001 challenge»
is a cash prize that will be awarded to each participant who has scored 1001 Points within the project. The amount of the prize is 1,151 euros, which is subject of 13% taxes; the final amount for User to receive is 1,001 euros. To issue the prize the Administration needs some additional information from the User, such as ITN etc.
is a team of «ProSport & Travel» LLC that performs all communications with Users on any issues and is available at firstname.lastname@example.org
. 3. SUBJECT MATTER OF THE AGREEMENT
3.1 The subject of this Agreement is to provide the User with access to the information contained on the Website and in the Mobile Application and the services provided.
3.2 All existing (actually functioning) services of the Website, as well as any subsequent modifications and further additional services appearing in the future, are subject to this Agreement.
3.3 Access to the Website is provided on a voluntary basis.
3.4 This Agreement is a public offer. By registering on the Site as a member of the Challenge and subscribing to the newsletter, the User shall be deemed to have acceded to this Agreement.
3.5 The use of materials and services of the Website is regulated by the norms of the current legislation of the Russian Federation. 4. RIGHT TO USE INFORMATION/IMAGES
4.1 User - the author or person (copyright holder) who owns exclusive copyright, related and other rights to use the Information/Images.
4.2 Information - User's data required for his/her identification in project challenges, events and rankings (first name, last name, gender, age, country, city) obtained at the moment of User's registration in the project, when registering for a challenge or event, as well as data on the User's physical activity, races, rides and workouts, including indicators of distance, speed, height, etc., obtained by methods similar to photos posted by the User on the Website by registering the Result using the Support Service.
4.3 Images - images of people (including their photographs or works of fine art on which they are depicted) as they are understood in the sense of Art. 152.1 of the Civil Code of the Russian Federation, posted by the User on the Website in the Profile or other sections of the site.
4.4 Right to use the Information - the right of the Company to perform the following actions: to publish, reproduce, communicate, publicly show, process, distribute the Information or any part thereof on any media in any material form and in any way, including the Internet.
4.5 The Right to Use Images means the right of the Company to make them public, reproduce, publicize, reprocess, distribute the Images or any part of them on any media in any material form and in any manner, including the Internet.
4.6 By posting Information and/or Images on the Website or Mobile Application, the User agrees in full and unconditional manner to the terms of this section of the User Agreement without any exceptions and/or restrictions and grants the Company the Right to Use Information/Images. The right to use the Information/Images shall be deemed granted to the Company from the moment of their publication on the Website by the User. From now on, the User shall grant the Company the Right to use the Information and Images of the User, and the minors of whom he is the legal representative throughout the world for the duration of the exclusive right, and expresses his full and unconditional consent to the use by the Company of the Images for the purpose of making them public and further use by the Company of the Information and Images on the Website in order to attract the interest of potential buyers in the Company, to the assortment of products, as well as in order to increase consumer demand for products. The method of using the Information and Images, including but not limited to: reproduction in any material form, public presentation, public display, reprocessing, distribution on any media and by any means, including the Internet, or any other use of the Information and Images in whole or fragmentary manner, including anonymously, i.e. without specifying the User, the right holder, the depicted citizen.
4.7 Consent to the disclosure and further use of the Information and Images shall be granted by the User to the Company free of charge.
4.8 The Company may independently decide to use or to interrupt the use of the Information/Images, may publish the Information/Images on the Website at any time, and may at any time terminate the use of the Information/Images and remove them from the Site. All risks associated with the publication of Information/Images on the Website are responcibilities of the User.
4.9 The User agrees that the Company has the right to place advertising banners and advertisements on the pages of the Website, which contain Information and Images received from the User.
4.10 The User cannot independently delete the Information and Images published on the Website.
4.11 The Company may at any time, at its sole discretion and without explanation and prior notice, remove the previously posted Information and Images.
4.12 The User shall be solely responsible for the Information and Images that the User provides to the Company under this Agreement.
4.13 The User agrees that the Information and Images are publicly available on the Website for viewing by an unlimited number of persons having access to the Website.
4.14 Responsibility for unauthorized copying of Information and Images, for unlawful use of Information and Images published on the Website shall be borne by the persons who committed this act.
4.15 By accepting the terms of this Agreement, the User represents and warrants that he is the author of the Information/Image Rights and/or is duly authorised by the respective authors/rights holders to grant to the Company the Right to use the Information/Images, that he has all necessary authorizations from the authors and persons depicted in the photographs to grant to the Company the Right to use the Information/Images, and that the User has no obligation to third parties (including to the authors/other rights holders of the Images and/or persons depicted thereon) who prevent and/or make lawful use of the Information/Images impossible.
4.16 The User guarantees that the User and the citizen depicted in the Images are adults, or the User is the legal representative of the minor depicted in the Images.
4.17 The Information and Images transmitted by the User shall not: violate the current legislation of the Russian Federation and the interests of third parties protected by law; to promote religious, racial or ethnic hatred; be obscene or offensive, contain scenes of violence, advertise drugs, be pornographic and violate the rights of minors; violate the copyright and related rights of third parties; contain explicit commercial advertising of a trademark on a non-Company commodity. 5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1 The Website Administration has the right to:
5.1.1 Change the rules of use of the Website, as well as change the content of the Website. The amendments shall come into force from the moment of publication of the new version of the Agreement on the Website.
5.1.2 Restrict access to the Website if the User violates the terms of this Agreement.
5.2 The User may:
5.2.1 Use all services available on the Website.
5.2.2 Ask any questions related to services.
5.2.3 Use the Website solely for the purposes and procedure stipulated by the Agreement and not prohibited by the legislation of the Russian Federation.
5.3 The Website User shall:
5.3.1 Provide additional information at the request of the Website Administration that is directly related to the services provided by this Website.
5.3.2 Comply with property and non-property rights of authors and other rights holders when using the Website.
5.3.3 Do not take actions that may be considered as disrupting the normal operation of the Website.
5.3.4 Do not distribute any confidential and protected information about any persons or companies using the Website. Avoid any actions that may result in breach of confidentiality of information protected by the legislation of the Russian Federation.
5.3.5 Do not use the Website to distribute advertising information except with the consent of the Website Administration.
5.4 Do not use the Website for the purpose of:
5.4.1 Downloading content that is illegal violates any rights of third parties; promotes violence, cruelty, hatred and/or discrimination on racial, national, sexual, religious, social grounds; contains false information and (or) insults to specific persons, organizations, authorities.
5.4.2 Inducements to commit unlawful actions, as well as assistance to persons whose actions are aimed at violating restrictions and prohibitions in force on the territory of the Russian Federation.
5.4.3 Violations of the rights of minors and/or harm to them in any form. Violations of minority rights.
5.4.4 Representation for another person or representative of the organization and/or community without sufficient rights, including for employees of this Website.
5.4.5 Misleading about the qualities and characteristics of services posted on the Website. Incorrect comparison of services, as well as formation of negative attitude towards persons (not) using certain services, or condemnation of such persons.
5.5 The user shall not:
5.5.1 Use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, purchase, copy or track the content of this Website.
5.5.2 Disrupt the proper functioning of the Website.
5.5.3 By any means circumvent the navigation structure of the Website in order to obtain or attempt to obtain any information, documents or materials by any means that are not specifically provided by the services of this Website.
5.5.4 Get unauthorized access to the functions of the Website, any other systems or networks related to this Website, as well as to any services offered on the Website.
5.5.5 Violate the security or authentication system on the Website or on any network related to the Website.
5.5.6 Perform a reverse search, monitor or attempt to track any information about any other Website User.
5.5.7 Use the Website and its Contents for any purpose prohibited by the legislation of the Russian Federation, as well as incite any illegal activity or other activity that violates the rights of an Internet resource or other persons. 6. USE OF THE WEBSITE
6.1 The Website, Mobile Application and Content included in the Website and Mobile Application shall be owned and managed by the Website Administration. All objects accessible by the Websites and Mobile Application, including design elements, text, graphic images, illustrations, videos, databases and other objects, as well as any content placed on the Service, are objects of exclusive rights of the Company.
6.2 The content of the Website may not be copied, published, reproduced, transmitted or distributed in any way, or posted on the global Internet without the prior written consent of the Website Administration.
6.3 The content of the Website is protected by copyright, trademark law, as well as other rights related to intellectual property, and unfair competition law.
6.4 This Agreement shall apply to all additional provisions for the provision of services provided on the Website.
6.5 The Website Administration shall have the right at any time without notifying the User to make changes to the list of services offered on the Website. 7. USER REGISTRATION, USER ACCOUNT
7.1 For registration, as a result of which a unique account will be created for the User, the User undertakes to provide reliable and complete information about himself on the issues offered in the registration form, and to keep this information up to date. If the User provides incorrect information or the Company has reason to suppose that the information provided by the User is incomplete or inaccurate, the Company has the right at its discretion to block or remove the User's account and deny the User the use of its Services (or their separate functions).
7.2 In case the data specified during registration does not allow identifying the User, the Company may deny the User access to the account and use of the Services.
7.3 The Company shall have the right to block or delete the account of the User, as well as to prohibit access to certain Services using any account without explanation, including in case of violation by the User of the terms of the Agreement or the current legislation of the Russian Federation, as well as in case of non-use by the User of the account for more than 24 months.
7.4 The User may at any time remove his or her account by contacting the Company's Customer Support Service or by terminating its operation if it has an appropriate function.
7.5 Since the account was deleted, it is not possible to restore the account as well as access the Services using this account. 8. PURPOSE OF COLLECTING AND PROCESSING PERSONAL USER INFORMATION
8.1 The Company collects, processes and stores only the personal information required to provide the Services and/or purchase the Goods by the User from the directory of the Online Store on the Website or in the Mobile Application.
8.2 The Company uses the personal information of the User for the following purposes:
8.2.1 identification of a party under contracts with the Company;
8.2.2 processing and receiving payments from the User;
8.2.3 delivery of goods to the User;
8.2.4 provide the User with effective client support;
8.2.5 providing personalized Services to the User;
8.2.6 communication with the User, including sending notifications, requests and information related to the use of the Services, rendering of services, as well as processing of requests and requests from the User;
8.2.7 improvement of Services quality, ease of use, development of new Services and Services;
8.2.8 inform the User about the Company's activities and actions;
8.2.9 carry out statistical and other studies based on anonymised data;
8.2.10 for sending news messages 1-2 times a week.
8.3 Due to the specifics of the method of obtaining information, the Company does not verify the authenticity of personal information provided by the User and does not control its relevance. However, the Company assumes that the User provides reliable personal information on the issues offered in the registration form and keeps this information up to date. All responsibility, as well as possible consequences for the provision of false or irrelevant personal information shall be borne by the User. 9. CONDITIONS FOR PROCESSING PERSONAL INFORMATION AND ITS TRANSFER TO THIRD PARTIES
9.1 The Company stores and processes the personal information of the Users in accordance with applicable regulations, as well as internal regulations created on their basis (first name, last name, gender, date of birth, e-mail address, postal address, phone numbers: mobile, home, office).
9.2 In relation to the personal information of the User, its confidentiality is maintained, except in cases of voluntary provision by the User of information about itself for general access to an unlimited circle of persons.
9.3 The Company shall protect the personal information of the User in accordance with the requirements for the protection of such information and shall be responsible for the use of secure methods for the protection of such information.
9.4 The Company has the right to transfer personal information of the User (including organizations that record, organize, accumulate, update, store, extract personal data, directly send special offers to the User, information about new goods and promotions, process requests and appeals, as well as carry out destruction of personal information) to third parties in the following cases:
9.4.1 transfer is necessary within the framework of the User's use of a certain Service or to provide service to the User, fulfillment of obligations under the contract;
9.4.2 The transfer is provided for by Russian or other applicable law within the procedure established by law.
9.6 When processing personal data of Users, the Company is guided by the Federal Law of the Russian Federation "On Personal Data." 10. USER MODIFICATION OF PERSONAL INFORMATION
10.1 The User may at any time change (update, supplement) the personal information or its part provided to him, as well as its privacy parameters, using the function of editing personal information in the personal section of the Personal Profile.
10.2 The User may at any time request the removal of the personal information provided by contacting the Company's Customer Support Service at email@example.com
10.3 To avoid receiving newsletters, click the appropriate link at the bottom of the letter.
10.4 Checkout: When selecting a checkout item, an account is automatically created with the data saved at checkout. 11. CONFIRMATION OF AGREEMENT
11.1 Each Party guarantees to the other Party that it has the necessary legal and legal capacity, as well as all rights and powers necessary and sufficient for the conclusion and execution of the Agreement in accordance with its terms.
11.2 This Agreement shall enter into force upon the User's consent to its terms in the following order: by registering for a challenge or event and beginning to use the Service/its separate functions, the User shall be deemed to have accepted the terms of the Agreement in full, without any reservations or exceptions. In case of User's disagreement with any of the terms of the Agreement, User shall not be entitled to use the Service.
11.3 In the event that the Company has made any changes to the Agreement in the manner provided for in this Agreement with which the User does not agree, it shall cease using the Service.
11.4 Marking of the advertisement checkbox means the full consent of the User to receive information about special offers, new events and promotions through SMS or e-mail newsletters and processing of their personal data through collection, recording, systematizing, accumulating, storing, refining, retrieving, using automation means, including in or without information and telecommunication networks, in order to organize the sending of special offers, information about new products and promotions, processing requests and appeals.
11.5 The specified consent of the User to the terms of the Agreement, including the procedure for processing personal information, shall be valid for 25 years if it has not been withdrawn in accordance with Article 9 of the Federal Law of 27.07.2006 No. 152-FZ "On Personal Data."
11.6 In order to collect statistical data and identify the User, the Company shall have the right to establish and store information about the Users' IP addresses. 12. CHANGES TO THE AGREEMENT
The Agreement may be amended by the Company without any special notice, the new version of the Agreement shall come into force from the moment it is posted on the Internet, unless otherwise provided by the new version of the Agreement. If after such changes to the Agreement come into force, the User continues to work with the Services, then the User confirms his consent to the changes. The current version of the Agreement is always available at https://1001challenge.shop/soglashenie_eng
. If at any time the User can no longer comply with the terms of the Agreement, the User shall immediately cease using the Website, mobile application and Services. 13. RESPONSIBILITY
13.1 Any losses that the User may incur in case of intentional or careless violation of any provision of this Agreement, as well as due to unauthorized access to communications of another User, shall not be compensated by the Website Administration.
13.2 The Website Administration is not responsible for:
13.2.1 Delays or failures in the course of the operation caused by force majeure, as well as any case of problems in telecommunication, computer, electrical and other related systems.
13.2.2 Actions of transfer systems, banks, payment systems and delays related to their operation.
13.2.3 The proper operation of the Website, in case the User does not have the necessary technical means for its use, and also has no obligation to provide users with such means.
13.3 The Company makes commercially reasonable efforts to ensure the operation of the Website around the clock, but does not guarantee the absence of interruptions related to technical malfunctions, preventive work, and also does not guarantee the full or partial operability of the Website, Mobile Application or individual Services. 14. DISPUTES AND CLAIMS
All disputes and disagreements shall be settled by the parties through negotiations. Pre-trial claim procedure in dispute settlement is mandatory. A reasoned response to the claim is sent within five (5) business days from the date of receipt of the claim. If it is impossible to resolve disputed issues through negotiations and claims, they are resolved in court. 15. FEEDBACK. QUESTIONS AND SUGGESTIONS
15.1 The Website Administration shall not accept counter offers from the User regarding changes to this User Agreement.
15.2 Feedback of the User posted on the Website is not confidential information and can be used by the Website Administration without restrictions.
15.3 All questions regarding this Agreement should be sent to the Company's Customer Support at firstname.lastname@example.org
. Operation of the Support Service from 8:00 to 22:00 Moscow time. Accepting orders via the Website, Mobile application 24/7.