User Agreement
User Agreement.
- Definition of Terms
In the text of this User Agreement (hereinafter referred to as the “Agreement”), you will find the following terms:
"SandBox.Kids" is a service where users can search, find, publish and watch videos and other content, as well as communicate with each other and share information and ideas. SandBox.Kids also provides authors and advertisers with the opportunity to publish and distribute videos and ads.
"Content" - means all objects posted on SandBox.Kids by Users, as well as the Administration, including design elements, text, graphic images, illustrations, videos, programs, music, sounds, information, notifications and any other objects of similar purpose, their collections or combinations. In other words, this is video, audio (musical works and other sounds), graphic materials, photographs, text (comments under videos and texts of videos or audio), branding elements (including trade names, trademarks, service marks and logos), interactive functions, software, indicators and other materials provided by you, the Platform or third parties. Content can be provided and distributed in SandBox.Kids by our Users, and SandBox.Kids is the hosting service provider for such Content. The responsibility for the Content lies with the individual or legal entity that uploaded it to SandBox.Kids.
"User" is an individual who uses SandBox.Kids and/or has accessed its Content and has agreed to comply with the rules for using SandBox.Kids, as set out in the text of this Agreement. "Account" is personal information that the User voluntarily provides to the SandBox.Kids Administration for storage, processing and provision of access to the User's personal data and settings. The User can use some functions of SandBox.Kids (search and view Content) without an account. However, an account is required to access a larger number of SandBox.Kids features and Services.
"Administration" is Zhanna Nikolaevna Klincheva, Individual Entrepreneur, INN: 552002919504, OGRNIP: 319774600025381, Legal address: Moscow, Medynskaya St., 5, bldg. 6, apt. 59, (including its branches and representative offices both in the Russian Federation and abroad, as well as any other persons created as a result of the reorganization of the Company), which is the owner of SandBox.Kids and manages it.
"SandBox.Kids Software" — is software developed by the Administration (and/or third parties on behalf of the Administration) for SandBox.Kids, including, but not limited to, all software, scripts, codes, programs, etc.
"Services" — the service provider of SandBox.Kids is the Administration, whose activities are carried out in accordance with the legislation of the Russian Federation.
"User Content", "Content" — are all publications, as well as all active actions (activities) performed by the User on SandBox.Kids, as well as any other content created by the User.
- SandBox.Kids Users
2.1. In order to use SandBox.Kids, Users must meet the following criteria (in aggregate):
2.1.1. Be at least 13 years old;
2.1.2. Not be restricted in the right to access SandBox.Kids, its Services and Content on the basis of a court decision that has entered into legal force, or in cases stipulated by applicable law or the terms of this Agreement;
2.1.3. Comply with the following conditions:
- if you are under 18, you must not use the Platform without the consent of your parents or guardian. Ask them to read this Agreement with you.
- if you are a parent or guardian of a User under 18, then by allowing the child to use the Platform, you undertake to comply with the terms of the Agreement and be responsible for the actions that your child takes on the Platform.
- Registration on SandBox.Kids and creation of a personal Account. Personal data processing policy
3.1. Registration and/or authorization of the User on SandBox.Kids is free, voluntary, and implies consent to the Agreement, as well as the Privacy Policy, which is located at the link here.
3.2. The User of SandBox.Kids is an individual registered on SandBox.Kids in accordance with the established rules of this Agreement, who has reached the age permitted in accordance with the legislation of the Russian Federation for acceptance of these Rules, and who has the appropriate authority.
3.3. During the registration process on SandBox.Kids, the User undertakes to provide the SandBox.Kids Administration with the necessary reliable and up-to-date information to create a personal User Account, including a unique login and password for each User to access the SandBox.Kids Account, as well as the last name and first name. The SandBox.Kids registration form may request additional information from the User at the discretion of the Administration. The Administration also draws attention to the fact that the User is responsible for the accuracy, relevance, completeness and compliance with the legislation of the Russian Federation of the information provided during registration and its purity from claims by third parties.
3.4. The registration process on SandBox.Kids is as follows: the mobile phone number is used as the primary identifier of the User. The phone number must be unique - it is impossible to register with the same number twice. The service either sends a verification code via SMS to the specified number, or makes a call to the user's phone number. The User must enter the correct code from the SMS or the last 4 digits of the phone number from which the call was made. If the code is entered incorrectly, the user can: a) try to correct the typo b) request a new code (only after 60 seconds or the minimum time allowed by the service, if not after 60 seconds). On the Platform, the User will need to provide the following personal data:
- last name
- first name
- middle name
- gender
- date of birth
The User is also required to provide their date of birth, since the service contains content with age restrictions. This provision of the Agreement is a mandatory part of the User's consent to the fact that the Platform Administration is not responsible for an incorrectly indicated or knowingly false date of birth. The User grants the right to the Administration to process their personal data for the purposes specified in this Agreement.
3.5. During the registration process, the User agrees to the rules of this Agreement, the personal data processing policy, and also assumes the rights and obligations specified therein related to the use and operation of the Platform. The User agrees to receive electronic messages, SMS and other types of informational mailings, including advertising and informational content, through the services of the Platform Administration and/or third-party services, including from the partners of the Platform Administration.
3.6. The subsequent processing of the User's personal data is carried out in accordance with the legislation of the Russian Federation. The Platform Administration processes the User's personal data in order to provide the User with access to the functionality of SandBox.Kids. The SandBox.Kids Administration undertakes to take all necessary measures to protect the User's personal data from unauthorized access, modification, disclosure or destruction. The Administration provides access to the User's personal data only to those employees, contractors and agents of the Administration who need this information to ensure the stable functioning of the Platform and provide the User with access to its use. In addition, the SandBox.Kids Administration has the right to use the information provided by the User, including personal data, and to transfer it to third parties, in order to ensure compliance with the requirements of the current legislation of the Russian Federation, to protect the rights and interests of Users, the SandBox.Kids Administration, and third parties (including for the purpose of identifying, verifying/investigating and/or preventing illegal actions). Disclosure of the information provided by the User may only be made in accordance with the current legislation of the Russian Federation at the request of the following authorized bodies: courts, law enforcement agencies, as well as in other cases provided for by the legislation of the Russian Federation.
3.7. The User has no right to transfer their login and password to third parties, and is fully responsible for their safety, independently choosing the method of storing them. The User can allow the storage of the login and password (using cookies) on the hardware and software they use for subsequent automatic authorization on SandBox.Kids.
3.8. Unless the User proves otherwise, any actions performed using their login and password are considered to be performed by the corresponding User. In the event of unauthorized access to the login and password and/or personal page of the User, or the distribution of the login and password, the User is obliged to immediately notify the SandBox.Kids Administration.
- Rules for using SandBox.Kids
4.1. The User can access SandBox.Kids and use it provided that they comply with the requirements of the law and this Agreement. Viewing and listening to the Content is permitted only for personal, non-commercial purposes.
4.2. Within the framework of this Agreement, we (the Administration) have developed certain restrictions within the framework of using SandBox.Kids, which each User of SandBox.Kids must comply with. It is prohibited:
4.2.1. Viewing, copying, downloading, distributing, transmitting, broadcasting, demonstrating, selling, licensing, modifying, transforming or in any way using the Content or any component of the Platform, except in the cases specified below. To perform these actions, the following is required: a) permission by the rules of SandBox.Kids; b) prior written permission from representatives of the Administration and, if necessary, the relevant copyright holders; c) permission in accordance with applicable law;
4.2.2. Circumventing restrictions, conducting fraudulent manipulations or otherwise interfering with the operation of SandBox.Kids, including security-related functions, as well as functions that prevent or restrict the use or copying of any Content, as well as impose restrictions on the use of Content;
4.2.3. Exploit SandBox.Kids using automated means, such as botnets and content collectors;
4.2.4. Collect and store in local storage any information that can be used to identify an individual, such as the full name of users or any other Account data. Such actions may only be performed with the written permission of this person;
4.2.5. Use the services of persons who artificially increase the number of views, likes, subscribers and other statistical indicators of channels and videos, as well as independently perform actions that interfere with the accurate measurement of the actual interest of viewers in the Content.
4.2.6. Use SandBox.Kids to distribute advertising, commercial materials without the consent of the Administration, as well as other unwanted materials, including those that impose something, such as spam. to distribute unwanted advertising, commercial and other materials and other unwanted materials that impose something, such as spam;
4.2.7. Conduct contests, sweepstakes, lotteries on SandBox.Kids that are contrary to the current legislation of the Russian Federation and this Agreement;
4.2.8. Any design of a user channel, as well as attempts to pass off a channel as the official channel of the SandBox.Kids video hosting service, the SandBox.Kids Administration, using the official logo, name, visual design identical to SandBox.Kids, as well as publishing content on the channel with materials containing news, events, other content posing as official content of SandBox.Kids, the SandBox.Kids Administration, with the purpose of misleading Users of the video hosting service and passing off your User Channel as the official channel of SandBox.Kids, the SandBox.Kids Administration.
4.2.9. Use SandBox.Kids to reproduce Content for any purposes other than personal and non-commercial.
4.3. For violation of the rules of use of SandBox.Kids, the Administration has the right to delete the Account and the inability to further register on SandBox.Kids.
4.4. When using SandBox.Kids, as well as its Services and Facilities, the User is also obliged to adhere to the following rules:
4.4.1. Comply with all obligations assumed by the User in connection with joining this Agreement;
4.4.2. Provide the Administration with reliable data during registration on SandBox.Kids;
4.4.3. Not impersonate another person, including, but not limited to, not providing any data of third parties (without obtaining their direct, prior and informed consent) for registration on SandBox.Kids and/or for creating an Account;
4.4.4. Inform the Administration about the leak of logins, passwords or any other keys of the User's access to the Account, or the deliberate theft (hacking) of access to the Account;
4.4.5. Do not upload, store, publish, distribute, post, advertise, send, provide access to or otherwise use Content that contains threats, discredits, insults, defames the honor and dignity or business reputation or violates the privacy of other Users or third parties, and is spam, bullying, vulgar or obscene, contains pornographic images and texts, obscene language, profanity, including obscene language specified in the title of any kind of published Content, scenes of a sexual nature, including with the participation of minors, or scenes of violence, including sexual, against people or animals, contains any form of incitement to suicide and / or promotes or contributes to the incitement of racial, religious, ethnic hatred or enmity, contains information on the use, production and distribution of drugs, advertising of alcoholic beverages, promotes fascism or ideology of racial superiority, or contains extremist materials, promotes the violation of the rights or legitimate interests of other Users or third parties, or promotes a crime or contains advice/guides/instructions on how to commit it, violates other rules of this Agreement or is prohibited and does not comply with the legislation of the Russian Federation. Users are also prohibited from using any foul language and obscene language in the name of their own Account, channel when creating, publishing, commenting, editing, or making any other changes to them;
4.4.6. Not to perform any actions or assist third parties in performing actions aimed at undermining the operation of SandBox.Kids, including, but not limited to: downloading viruses or malicious code; performing actions that may lead to the shutdown of SandBox.Kids, to the disruption of the normal operation of SandBox.Kids or SandBox.Kids software, or to the deterioration of the appearance of the Platform;
4.4.7. Not to commit other actions that are illegal, fraudulent, discriminatory or misleading, or that are contrary to the legislation of the Russian Federation.
- Intellectual Property
5.1. SandBox.Kids Administration respects intellectual property rights and therefore asks Users of our Internet resource to do the same. As a condition of access to and use of the Services, all Users agree that they will not use the Services for the purpose of violating any intellectual property rights. The Administration reserves the right, without notice, at any time and at its sole discretion, to block access and/or delete the account of any User who violates or is suspected of violating copyrights or other intellectual property rights.
5.2. The Administration specifically stipulates that, with regard to the protection of intellectual property rights in connection with the Content published by Users, the Administration acts as an Information Intermediary (the owner of an information resource on the Internet on which the Content is posted by Internet users and who does not select the recipient of this information, does not affect the integrity of such transmitted information and, due to the specific status of the Information Intermediary, is not liable for the actions of third parties who violate current Russian legislation), and, in accordance with Art. 1253.1 of the Civil Code of the Russian Federation and Art. 15.7 of the Federal Law "On Information, Information Technologies and the Protection of Information", takes measures to prevent the relevant violations at the request of the Copyright Holders.
- User Rights to Posted Content
6.1. Only registered Users have the right to post Content on SandBox.Kids.
6.2. The Content created by Users is an object of intellectual property, protected by the legislation of the Russian Federation, as well as international copyright, and therefore the Administration does not claim to receive and does not require Users to provide it with any property rights to the User Content. Nothing in the text of this Agreement shall be interpreted as depriving the User of the rights to the Content created by him or her or limiting them.
6.3. At the same time, the User grants the Administration a non-exclusive, royalty-free, worldwide license (hereinafter referred to as the "License") with the right to transfer and issue sublicenses for the storage, use, distribution, modification, launch, copying, public performance or display, translation of the User Content and the creation of derivative works based on it. The validity of such License shall automatically terminate in the event of deletion of the User account. After its deletion, licenses are terminated, except in cases where otherwise required for the operation of SandBox.Kids, use of the Content in accordance with the permissions granted prior to deletion, or required by law. If the User deletes the Content, the SandBox.Kids Administration is not obliged to delete: a) copies saved by Users for offline viewing; b) copies whose storage is required for legal purposes.
- Content Requirements
7.1. Users are strictly prohibited from uploading any Content that belongs to third parties or the rights to use which have not been granted to such User to the required extent. In this case, the User undertakes to compensate the Administration for all damages and legal costs incurred in connection with claims filed by third parties that the published Content violates the intellectual property rights of such third parties.
7.2. The Administration does not check and cannot physically check all materials published by Users as part of the Content they create, and therefore the Administration is not responsible for the content of such Content, for its use and/or its impact on third parties or other Users. Managing SandBox.Kids does not mean that the Administration confirms, supports, guarantees, distributes and/or believes in the information posted as part of the Content. The User is responsible for his own protection and the protection of his device from viruses and other malware. The Administration shall not assume liability for any damage caused as a result of using SandBox.Kids, its Services and/or Content.
7.3. The Administration has the right to check the User's Content at any time for its compliance with the requirements of this Agreement, as well as for its compliance with the current legislation of the Russian Federation. At the same time, nothing in the text of this Agreement shall be interpreted as a direct obligation of the Administration to conduct any independent verification of the Content other than at the request of other Users or third parties.
7.4. In order to comply with the legislation of the Russian Federation, the Administration adheres to the legal norms that are prescribed in Federal Law No. 436-FZ of 29.12.2010 "On the Protection of Children from Information Harmful to Their Health and Development", other regulatory legal acts concerning the requirements in the field of publication and placement of content on the global Internet, and also follows its internal video hosting rules when publishing content, in connection with which the Administration notifies all Users that potentially unacceptable ("sensitive") content will be checked on the Platform for compliance with the publication rules. Depending on the nature of the published content, the Administration may limit viewing of such content by age category, or mark this content with a warning text confirming the consent of the User to further viewing of this video, and may also delete this video from SandBox.Kids.
7.5. If you encounter content that violates the terms of this agreement or the legal rights and interests of users or third parties, you can file a complaint by following the link.
- Account Deletion
8.1. SandBox.Kids has a certain warning system for Content that violates the provisions of the Agreement. For each subsequent violation, the Administration issues a warning, which entails certain restrictions. This includes deleting the Account (channel, User Content) without the possibility of restoration. If any functions were disabled on the User's channel due to a warning, then in this case the User will not be able to use them on other channels either. Any attempt to circumvent this restriction will be considered a violation of this Agreement. In such cases, the Platform Administration reserves the right to delete this account and block access to all or some of the SandBox.Kids functions.
8.2. The User personally has the right to stop using SandBox.Kids at any time by deleting his/her Account.
8.3. In the event that the User violates the terms of this Agreement and/or violates the intellectual property rights of the Administration, other Users or third parties, or commits actions that are illegal, violate the rights and interests of the Administration, other Users or third parties, or undermine the operation of SandBox.Kids or the ability of other Users to use SandBox.Kids, or the Services or SandBox.Kids are used by the User in a way that may entail legal liability for the Administration in the future, and also if this is required by applicable law or a competent government agency, then in such a case the Administration has the right to terminate (stop) the User's access to SandBox.Kids and its Services at any time.
8.4. Such termination of access, among other things, also implies the deletion of the User's personal Account.
8.5. The User is duly aware that the Administration does not assume liability for any damage, losses, lost profits, loss of business or personal reputation caused to the User by deleting or blocking the account and/or the inability to access the Platform and its Services.
- Questions and Answers
9.1. If Users have any questions regarding the terms of this Agreement or the procedure/method of their execution, they can be addressed to the Administration directly via the link.
9.2. The employees and representatives of the Administration undertake to make every possible effort to respond to the request within a short period of time.
- Liability
10.1. The Administration or its representatives shall not be liable to the User or any third parties: for any indirect, incidental, unintentional damage, including lost profits or lost data, harm to honor, dignity or business reputation caused in connection with the use of the site, services or other materials to which the User or other persons have gained access through the Platform, even if the Administration warned or indicated the possibility of such damage; for the actions of other Users, for the content posted by Users, for goods/services provided by third parties or other Users (even if access to them was provided through our SandBox.Kids), to which the User has gained access; in cases expressly provided for by the terms of this Agreement or the norms of the current Russian legislation.
10.2. The liability of the Administration for anything related to the use of SandBox.Kids and/or Services is limited to the extent permitted by the current Russian legislation.
10.3. The Agreement and User relations with SandBox.Kids under the Agreement are governed by Russian law. To resolve disputes, the parties may apply to Russian courts.
- Advertising
11.1. The Administration has the right to place any advertising or marketing materials on SandBox.Kids at a certain time.
11.2. The content of SandBox.Kids may contain links to third-party websites and/or advertising or marketing materials about goods/services provided by such third parties (hereinafter referred to as "Third-Party Advertising"). The Administration does not assume responsibility for the content of Third-Party Advertising, as well as for the availability, quality and safety of the goods/services promoted in such advertising, as well as for any losses, damages or losses incurred or caused to the User as a result of reading such advertising, using the goods/services promoted in Third-Party Advertising.
11.3. In case of transition to another website through the Third Party Advertisement placed on SandBox.Kids, the Administration cannot guarantee that such website is safe for the User and/or his/her computer. Nothing in the text of this Agreement shall be interpreted as a guarantee, encouragement, recommendation or inducement of the User to use Third Party Advertisement, visit any Third Party websites, or try, purchase or use any goods/services of third parties.
11.4. Issues related to the protection of Users' personal data when they use Third Party Advertisements are regulated by the SandBox.Kids Privacy Policy.
- About our Agreement
12.1. The Administration has the right to revise, supplement or change the terms of this Agreement at a certain time. Such changes, as a rule, are not retrospective. The Administration does not undertake any obligations to notify Users of upcoming or completed changes to the text of the Agreement. By joining the terms of this Agreement, the User also undertakes to periodically review the terms of this Agreement for changes or additions. If, after changes or additions have been made to the text of the Agreement, the User continues to use the Site, this means that he/she has read the changes or additions and has accepted them in full without any objections.
12.2. The Privacy Policy, the Terms of Intellectual Property Rights, as well as other documents that any User may freely review are an integral part of this Agreement.
12.3. Access to the Platform and its Services, the Service is provided to the User "as is". The Administration does not promise, guarantee, or imply that the Services and SandBox.Kids may or may not suit the User's needs, goals, expectations, and therefore does not guarantee any specific result or consequences as a result of the use of SandBox.Kids, its Services by Users.