USER AGREEMENT

  1. GENERAL PROVISIONS

    1. This User Agreement (actual version of the agreement published at volkraft.com and in the Wallcraft mobile application) is a public offer and defines your use of the Wallcraft mobile application and terms and conditions of your access to the Wallcraft Service.

    2. Using Wallcraft app by user is regulated by this User Agreement and also by Content Policy, Privacy Policy which are an integral part of the Agreement

    3. Users are obliged to examine this Agreement before starting to use the Wallcraft Service and the Wallcraft mobile app. The beginning of the use by you of the Wallcraft Service and the Application in any form, including: registration/ authorization on the Wallcraft Service or Application; providing or viewing content of the Service and Application means you fully and unconditionally accepted these terms and in accordance with art. 438 of the Civil Code of the Russian Federation.

  2. DEFINITIONS USED IN THIS AGREEMENT

    1. LICENSED CONTENT (LC) - images, licensed by Volkraft LLC via license agreements between Volkraft LLC and copyright holders licensors

    2. EXCLUSIVE CONTENT (EC) - images, and audiovisual works published under the Wallcraft license and owned by Volkraft LLC

    3. USER GENERATED CONTENT (UGC) - images published by Users of the Wallcraft service via the Wallcraft mobile application.

    4. WALLCRAFT MOBILE APPLICATION/ WALLCRAFT APP - a program for mobile devices published by Volkraft LLC at
      https://play.google.com/store/apps/details?id=com.wallpaperscraft.wallpaper
      https://apps.apple.com/us/app/wallpapers-true-4k-full-hd/id1348676585
      https://apps.apple.com/us/app/wallpaperscraft-pro/id1420412036, which allows users to access the Wallcraft Service.

    5. WALLCRAFT SERVICE - a technical service provided by Volkraft LLC to you and other Wallcraft App users to provide access to Licensed Content, Exclusive content and User Generated Content.

    6. USER - an individual using the Application in accordance with this Agreement, who has reached the age allowed for registration, authorization, and use of the application in accordance with applicable law.

    7. USER ACCOUNT - an account available to the User after registration, containing information about the User, which is necessary for his authorization to provide access to certain functionality of the Service.

  3. SUBJECT MATTER OF THE AGREEMENT

    1. The subject matter of this Agreement is providing Users with a nonexclusive license to use the Wallcraft app and a technical service to gain access to content published by Volkraft LLC and Users, as well as the possibility for the User of publishing content in the Wallcraft app and Service.

    2. By copying and installing the Wallcraft app on his device or using the application in any way the User expresses his full and unconditional acceptance of all terms of the license to use the Wallcraft app.

    3. In cases when the User does not agree with whole agreement terms, he has no rights to use the Wallcraft app for any purposes and must immediately stop using it.

    4. The User has rights to use the Wallcraft app for personal noncommercial purposes, by its direct functional purpose, in order to install the Application on an unlimited number of the User’s devices within one platform for application distribution, as well as reproduce and distribute the Application for personal non-commercial purposes.

    5. While using the Wallcraft application by a user, Volkraft LLC provides the User with access to the following services:

      • free access to the Licensed content published by Volkraft LLC in the Wallcraft app, with the right to view and download content on the User’s device.

      • free technological access to the service of downloading and publishing images by the user, viewing, downloading and saving on the User’s device images posted by other Wallcraft app Users using “User Generated Content’ functionality.

    6. Access to images and audiovisual works, published by Volkraft LLC at the Exclusive content section of the App provided to you and other users on a paid basis according to art. 4.8 of this Agreement.

    7. Exclusive rights to the Wallcraft application belong to Volkraft LLC.

  4. THE ORDER OF USING THE SERVICE

    1. Access to the Service and its functionality is carried by the Wallcraft app which User install on a compatible device.

    2. Mandatory terms of this agreement are examination and full and unconditional acceptance of terms of this Agreement, Content policy, Privacy policy.

    3. Certain functionality of the Wallcraft service is available only after User registration or Authorization in the Wallcraft app.

    4. In the registration process the user is obliged to provide true and correct information about itself.

    5. The User goes through a simplified registration via “Sign in with Google” and “Sign with Apple” services. After registration, the User is assigned a unique identifier that is visible to the other Users of the Wallcraft app. The User can change the identifier visible to other Users.

    6. User accounts can be blocked or deleted by the Service administration for breaching the terms of this agreement or also without any explanations.

    7. Functionality available only after registration/authorization is determined solely by Volkraft LLC and may change from time to time.

    8. Content is provided to users at no cost with the exception of Exclusive content that can be unlocked with a purchased in-app subscription or virtual currency. User can receive virtual currency in the following ways:

      • buy virtual currency through in-app purchases

      • receive virtual currency as a reward for viewing rewarded ads

      • receive currency as a reward for posting images in the “User Generated Content” section

    9. Virtual currency wallet balance is stored directly on the user's device up to reinstalling the Application. Volkraft LLC is not guaranteeing the possibility of wallet balance restoration after reinstallation of the App. Restoration of wallet balance after reinstalling the App is possible only if the User has previously created a User account. User account store information about the balance of the virtual currency balance, content unlocked by the user using virtual currency or the actions provided for in clause 4.5. of this agreement, a selection of selected content and also provides an access to the User Generated Content functionality in the Wallcraft service.

  5. INTELLECTUAL PROPERTY

    1. The design, source and object code of the Wallcraft Application, content access to which is provided through the Wallcraft Service, with the exception of content published by users using “User Generated Content” functionality, are intellectual property or provided by Volkraft LLC by third parties. Any copying, modification, distribution, except for the cases expressly specified in this Agreement, is not allowed.

    2. With the exception of using the Applications in a way expressly provided by this Agreement or Russian legislation, user has no rights to modify, decompile, disassemble, decrypt and perform other action with the object code of the Application, aimed at obtaining information about realization of algorithmes, used in the Application, create derivatives works using the Application, as well as to exercise (authorize) other use of the Application, without the written consent of Volkraft LLC.

    3. The user has no rights to reproduce and distribute the Application for commercial purposes (including for a fee), including the Application as part of collections of software products, without the written consent of Volkraft LLC.

    4. The user has no rights to distribute the Application in a form different from the one in which he received it without the written consent of Volkraft LLC.

    5. The Application must be used only in a way (including distributed) under the official title indicated in the official publication sources (clause 2.4 of this Agreement). The user has no rights to modify the official application title, modify and/or remove the copyright notice or other reference to Volkraft LLC.

  6. USER GENERATED CONTENT

    1. This section of the Agreement applies to the relationship between the User and Volkraft LLC during User usage of User Generated Content functionality. This functionality allows Users to upload and publish images on the Wallcraft Service.

    2. Access to UGC functionality is available only after User registration or authorization in the Service.

    3. We provide opportunities to our Users to share impressions and images between each other. You as a User guarantee us that you have all rights and needed permissions for image publication, and in case you do not have it you agree not to post such images on the Service.

    4. We don’t authorize or initiate your image transfer, but provide you and other Users with the technical opportunity to share images between Users.

    5. You, as a User, agree that the images you publish within the Service will be available to other Users of the Application for viewing and downloading.

    6. The User is solely responsible for the images published by him in the Application, including for their content and compliance with the requirements of the legislation of the Russian Federation, for violations of the rights of third parties to the images posted by him. The User independently compensates for any losses incurred by other Users, third parties or Volkraft LLC as a result of these violations and/ or publishing images on the Service that violate the legislation of the Russian Federation.

    7. We do not accept any responsibility in the case of your violation of the exclusive rights of third parties. We do not check and do not have the technical capabilities to check all the images published by you during your usage of the Service, for their compliance with the requirements of the legislation of the Russian Federation and the provisions of this Agreement, since its implementation can make further the Application's ability to function impossible. However, we may do this at any time in our sole discretion in the event of a corresponding doubt.

    8. WE HAVE THE RIGHT TO:

      1. do not store images uploaded by you on the Service

      2. without prior notice in our sole discretion to discontinue the Service function

      3. restrict your access to the functionality without prior notice in cases this rules violations by you

      4. delete images were uploaded by you on the Service

      5. not guarantee to you that content uploaded by other users will be suitable for you

      6. apply measures for image deletion if such images violates this Rules or legislation of the Russian Federation

      7. respond to user complaints in connection with the published images

      8. take measures to block this functionality for users who violate the terms of this Agreement and the legislation of the Russian Federation.

    9. USER HAVE RIGHT TO:

      1. download, save and store images on user’s device for personal non-commercial purposes

      2. upload and publish any images if such images do not violate rules of this Agreement or the legislation of the Russian Federation

      3. make reports about inappropriate images in order to remove them

      4. request the deletion of the account registered by the user through sending a corresponding request to the address: support@wallpaperscraft.com

    10. USER IS OBLIGED TO:

      1. follow the rules of content policy, terms of this Agreement and the requirements of the legislation of the Russian Federation

      2. do not use UGC functionality for purposes contrary to the law, the terms of this Agreement

      3. do not use UGC functionality for purposes to defame or harm identity or reputation of other person

      4. do not use UGC functionality for purpose to disrupt functionality or functionality of the Wallcraft App

      5. do not use UGC functionality for purposes causing damage to Volkraft LLC and to insulate Volkraft LLC from such damage

      6. do not repeatedly publish images that were deleted due to rules or law violations

      7. do not publish images that contain inappropriate themes which is prohibited by this Agreement

      8. do not take actions involving other users in activities that are contrary to the law or these rules

      9. do not distribute via UGC functionality the following types of information:

        1. defamatory, offensive, degrading the honor and/ or dignity of a third party, containing threats to other persons

        2. violating the rights and interests of third parties

        3. violating the rights on a privacy or public order

        4. promoting discrimination against people on racial, ethnic, sex, religious beliefs, social status, sexual orientaion or other grounds

        5. encouraging and/ or calling for change of constitutional order, the outbreak of war, religious, racial or ethnic hatred, containing attempts to incite hostility or calls for violence, infringing on the rights of minorities

        6. pornographical or sexual explicit materials

        7. extremist material

        8. offending religious feelings of person

        9. defaming the business reputation of Volkraft LLC and third parties

        10. information created in someone else’s interests that do not correspond to the goals of creating the Application or the functioning of the Service

        11. publish information that violate the legislation of the Russian Federation

      10. distribute on the Service or in the Application malicious software or other software designed for to disrupt, modify, block, destruct functionality of any computer or telecom equipment or programs for unauthorized access, as well as serial numbers, keys to commercial software products and programs for their generation, login credentials, and other means for obtaining unauthorized access to sites or paid resources on the Internet

      11. do not disrupt normal functionality of the Service or the Application

      12. do not distribute or use software, bots, scripts for unauthorized compiling, collecting and transfer the information, its modification or deletion, as well as to bypass the restrictions setted by administration of the Service and the Application

      13. do not publish or use on the Service and the Application information protected by intellectual property laws (including, but not limited to information affecting patents, trademarks, copyright and/ or related rights) and other protected by law information without the appropriate rights and permissions from the copyright holder of such information. In the event of a disputable situation, burden of proving that the information published by User does not violate anyone’s rights lies with such User

      14. do not publish or distribute on the Service and in the Application commercial ads without prior consent of Volkraft LLC

      15. do not collect, store, distribute and other actions to process personal information of other Users

      16. do not publish on the Service and in the Application links to other sites or online resources which contains information contrary to the legislation of the Russian Federation or this Agreement

      17. do not distribute information promoting, advertising, involving people in high-risk financial or fraudulent activities, “ponzi schemes”, multi-level marketing etc.

      18. At the registration on the Service process, do not indicate false personal information about yourself, do not register and do not act on the Service on behalf of another real or existing person, do not indicate personal information of third parties, do not use any forms and methods of illegal representation of third parties

      19. do not via the Service or the Application actions aimed at blackmailing, racketeering, receiving money, regardless of the context from other Users or third parties

      20. do not promote drug usage or other controlled substations, do not involve via the Service other users in the prostitution activities

      21. not to assist in the commission and not to perform with use of the Service and the Application other than unlawful, illegal actions that contradict the requirements of the legislation of the Russian Federation and this Agreement

    11. IMAGE USAGE RIGHTS

      1. By uploading and/ or publishing images on the Service, you grant us a non-exclusive license to use such images throughout the world free of charge by reproducing, organizing, changing the technological nature, publishing, and making them available to the public by any legal means. Also, by uploading/ publishing images, you guarantee us that you have all appropriate rights and powers to grant us the above permissions to use the images that were published by you.
  7. FOR COPYRIGHT HOLDERS/ AUTHORS

    We respectfully treat the legislation, author rights and rights of third parties on any content and demand this not only from ourselves but from our users too. In case you think some of content published by our users potentially violates your copyright or rights of copyright holder, you can report this in a two ways: by filling notification form with “report” button in the Application -or- by sending a filled form to complaints-legal@wallpaperscraft.com The report must contain the following information: Information about claimant: for individuals: First name, Last Name, Middle Name, contact info (telephone number, email address) for entities: full entity name, address of organization or main body, contact info (telephone number, email address), First name, Last Name, Middle Name, position of representative in entity Link to potentially infringing content Example of your original work and optionally link to initial publication, or any other information which demonstrate content belonging Statement under penalty of perjury that You have reasonable good faith belief that use of the material in the manner specified above is not authorized by You, the company You represent, its agents, or the law. For individuals statement that you agree to processing your personal information The completeness of the information will allow us to resolve the situation in a timely manner. In case of the absence or incompleteness of this information, which doesn’t not allow us to identify content or content ownership, you will be asked to provide additional details. Because copyright infringement notices have serious consequences for both sides, and we are interested in law and marketplace rules compliance along with copyright owners, claimants can add additional information, documents copies which can allow us to as soon as possible identify author’s works, and as soon as possible eliminate potential violations. Also it will be helpful to avoiding abuse of rights by third parties.

  8. LIMITATION OF LIABILITIES

    1. The Application and its functionalities are provided to you AS IS. Volkraft LLC disclaims any guarantees that the Application or its functionality may or may not be suitable for specific purposes of use. Volkrfaft LLC cannot guarantee and does not promise any specific results from the use of the Application or its functionality.

    2. Volkraft LLC tries to ensure the proper functioning of the Service around 24/7, however, Volkraft LLC does not bear any responsibility if any violations occur in the operation of the Application or the Service for any reason.

    3. Volkraft LLC does not guarantee to you that any information that was published on the Service will be available at any time, or not be lost or deleted nor is it responsible for delays and failures in the operation of the Application and the Service, as well as for the possible consequences of delays and failures.

    4. Volkraft LLC is not responsible for possible data leakage from the Service databases including as a result of unauthorized actions of third parties

    5. Using the Application, the User agrees that he downloads materials with its help at his own peril and risk and bears personal responsibility for possible consequences.

    6. Under no circumstances Volkraft LLC or its representatives shall be liable to the User or to any third parties for any indirect, accidental, unintentional damage, including damage to honor, dignity or business reputation caused in connection with the use of the Application, the Wallcraft Service and its functionality.

    7. Under any circumstances the liability of Volkraft LLC in accordance with art. 15 of the Civil Code of the Russian Federation is limited to 10000 russian roubles in the presence of fault in its actions.

    8. Volkraft LLC is not liable for damage, data loss, unauthorized access to user’s device if the user installs the Application from unofficial sources not directly specified in clause 2.4 of this Agreement.

  9. OTHER CONDITIONS

    1. This Agreement is governed by and interpreted in accordance with the legislation of the Russian Federation

    2. Issues not regulated by this agreement are subject to resolution in accordance with the legislation of the Russian Federation

    3. Disputes arising from relations governed by this Agreement shall be resolved in the manner prescribed by the current legislation of the Russian Federation, in accordance with the norms of Russian law. The User and Volkraft LLC will try to resolve all disputes and disagreements between them through negotiations. If it is impossible to resolve disputes and disagreement through negotiations, they are subject to consideration in the appropriate court at the location of Volkraft LLC.

    4. In cases where one or more provisions of this Agreement are found to be invalid or unenforceable this does not affect the validity or applicability of the remaining provisions of the Agreement.

    5. This Agreement has been drawn up in Russian.

    6. The Russian language version of this Agreement in the presence of contradictions takes precedence over existing translations, which are provided for reference only.