With this Public Offer in accordance with Article 437 of the Civil Code of the Russian Federation, LLC «V Kontakte» invites you to conclude an agreement (hereinafter the Agreement) on the terms set out below.

1.1. Administration means LLC «V Kontakte» located at prem. 1-N, bld. 12-14, Lit. A, Khersonskaya st., St. Petersburg, Russia, 191024.

1.2. Developer means any body that is a copyright holder of the Application and joined this Agreement. The point of joining and absolute acceptance (full and unconditional acceptance) by the Developer of this public offer in accordance with Article 438 of the Civil Code of the Russian Federation (and hence conclusion of the Agreement) is the point of placing of the link to the Application compliant with the applicable laws and requirements laid down in the Administration’s special documents in the "Games" section of VK Mobile Clients.

1.3. Application means a computer program in the form of a mobile application for operating systems iOS, Android, Windows Phone placed in the mobile application stores, the rights to which are owned in sufficient scope by the Developer. For the Agreement purposes, the Application as understood by the Parties means applications, in which SDK is implemented.

1.4. VK Website, Site means the site [vk.com], the owner of which is the Administration.

1.5. VK Mobile Client, Mobile Client means an application of the VK Website for mobile devices (smartphones, Internet-tablets, etc.). For the Agreement purposes, the Mobile Clients as understood by the Parties mean mobile clients of the VK Website for the following operating systems:

- iOS (https://itunes.apple.com/ru/app/vk/id564177498)

- Android (https://play.google.com/store/apps/details?id=com.vkontakte.android)

- Windows Phone (http://www.windowsphone.com/ru-ru/store/app/VKontakte/edd920e2-b671-41b5...).

1.6. Mobile Application Stores means application stores allowing for mobile devices owners to purchase and install applications for their mobile devices. For the Agreement purposes, the Mobile Application Stores as understood by the Parties mean the App Store, Google Play, Windows Store.

1.7. Users mean individuals, Internet users registered at the Site subject to the established procedures.

'''1.8. SDK (software development kit) means a software development kit of the Administration allowing for using the Site API and automated data exchange between the Application and the Site and Mobile Clients. Requirements to the SDK implementation in the Application are provided in a public form at the address: http://vk.com/dev/mobile_implement. Detailed instructions on SDK implementation for each operating system are also provided in a public form at the following addresses:

- Android — http://vk.com/dev/android_sdk;

- iOS – http://vk.com/dev/ios_sdk;

- Windows Phone – http://vk.com/dev/wp_sdk.

2.1. Taking into account the desire of the Parties to gain access to VK Mobile Clients audience as well as the Administration’s concernment in expansion of the existing Mobile Clients audience with a help of the Application due to the cooperation of the Parties under this Agreement, within the Agreement duration the Administration shall provide to the Developer the link to the Application which is placed in the “Games” section of the VK Mobile Clients (VK mobile catalog). In case that the said section contains links to several Applications, the Parties’ rights and obligations under the Agreement shall apply respectively to all Applications of the Developer, the links to which are placed in the “Games” section of the VK Mobile Clients.

3.1. Administration’s rights and obligations.

3.1.1. The Administration shall be obliged to maintain that the Mobile Clients work properly.

3.1.2. The Administration shall be entitled within the Agreement duration to check the Application for its compliance with the applicable international and Russian laws, the Agreement provisions, for which purpose it shall be entitled to request from the Developer the required documents, including those certifying the Developer’s rights to the Application, the Developer’s constituent documents, and other documents. The Administration shall also be entitled without application of any sanctions to it to deny to the Developer the placement of a link to the Application in the VK mobile catalog or terminate or suspend it if as a result of the aforesaid check the Administration finds any violations in the Application. Link placement denial or suspension by the Administration cannot be considered in this case as a violation of the Agreement terms.

3.1.3. The fact of placing of the link to the Application in the “Games” section of the VK Mobile Clients does not mean an approval or check of the Application by the Administration. The Developer is not entitled to mention the Administration as its partner, the Administration’s participation in the Application development and operation. Mentioning by the Developer of the Administration and the Administration’s name for purposes other than informing of its consumers about availability of the link to the Application in the “Games” section of the VK Mobile Clients shall be possible only upon the Administration’s written consent.

3.2. Developer’s rights and obligations

3.2.1. Prior to the Agreement conclusion the Developer shall be obliged on its behalf for the entire term of the Agreement to place the Application in the Mobile Application Stores. The minimal requirement for the Agreement conclusion and further fulfillment is simultaneous placing of the Application in the App Store и Google Play. The Developer shall be entitled to define independently the countries where the Application shall be accessible, however, under any circumstances the Application shall be available for Users in the Russian Federation and CIS states.

3.2.2. Within the Agreement duration the Application shall contain SDK in accordance with the Administration’s requirements and instructions placed in a public form at the following addresses: http://vk.com/dev/mobile_implement, http://vk.com/dev/android_sdk, http://vk.com/dev/ios_sdk, http://vk.com/dev/wp_sdk. Within the Agreement duration the Administration shall be entitled to make changes to such requirements and instructions unilaterally without any special notice to the Developer. The Developer shall be obliged to monitor changes in SDK of the Administration and to update SDK in the Application in a proper manner.

3.2.3. The Developer guarantees that

а) at the point of the Agreement execution and within the Agreement duration the Application complies and will comply with the Administration’s special documents:

- Platform rules (http://vk.com/dev/rules);

- SDK implementation requirements (http://vk.com/dev/mobile_implement)

- other applicable special documents of the Administration placed in the Site section http://vk.com/dev.

b) the Developer has all required rights to the Application (including the rights to use software contained in the Application, trademarks, company names and other intellectual properties and means of individualization in accordance with international treaties and laws of the Russian Federation) allowing it to conclude the Agreement;

c) the Application form and contents comply with the requirements of international treaties and Russian Federation law;

d) neither concluding of the Agreement by by the Developer nor the Application violates rights and lawful interests of third parties;

e) the Developer acts lawfully (for example, by virtue of the power of attorney), and has all required rights to conclude the Agreement, and, if applicable, to act on behalf and in the interests of the organization specified by the Developer.

3.2.4. The Developer shall be obliged to provide for technical maintenance and to upgrade the Application when needed and/or at the Administration’s request, including in order to correct material errors and to resolve technical issues arising in the process of interaction with Mobile Application Stores.

In case of claims, suits or directions connected with the Application from third parties or authorized state bodies, the Developer shall be obliged to regulate these claims or suits independently and at its own expense, and to reimburse the Administration for all losses, including the court costs, amounts of fines and compensations charged to the Administration, including by authorized state bodies, as well as the lost profit in connection with violation in the Application of lawful rights and/or international treaties, and applicable Russian Federation law. The Parties understand that under no circumstances the Administration can be responsible for the Application contents and functionalities.

3.2.5. In case it is needed to get personal data of the Users and/or users of the Application the Developer shall provide such users, including through the Application interface, with the sufficient and reliable information about itself in accordance with the applicable law.

3.2.6. To provide for uninterrupted operation of the Application at least by 98% during the year, and its permanent availability in the Mobile Applications Stores (24 hours per day, 7 days per week, 365 days per year).

3.2.7. Not to download to the Application any content violating rights and lawful interests of third parties, applicable Russian/or international laws.

4.1. The Parties shall be liable for failure to fulfill and/or improper fulfillment of obligations under the Agreement in accordance with the applicable Russian Federation law.

4.2. For violation by the Developer of any of the Agreement provisions the Administration shall be entitled without any special notice to the Developer to refuse immediately to fulfill (terminate) the Agreement totally or in part upon deleting the link to the Application from “Games” section of the VK Mobile Clients and/or upon blocking the Developer’s access to the API Site methods.

5.1. The Agreement shall enter into force upon acceptance by the Developer of its terms, and shall stay in force within one (1) calendar year. This Agreement shall be automatically extended for each next calendar year unless before the Agreement expiry:

5.1.1. the Administration takes a decision to conclude with the Developer a new agreement, to terminate totally or in part maintenance of the Site, VK Mobile Clients, to terminate the Agreement in respect of the Developer;

5.1.2. the Developer takes a decision to terminate the Agreement.

5.2. The Administration shall be entitled at any time to refuse to fulfill (terminate) the Agreement unilaterally in the following cases:

5.2.1. the Site and/or Mobile Clients are closed, the functionalities were changed totally or in part;

5.2.2. the Developer violated the Agreement terms and the Administration’s special documents including on a single occasion;

5.2.3. the Developer was notified thirty (30) days before the tentative termination date.

5.3. The Developer shall be entitled to refuse to fulfill the Agreement unilaterally at any time upon a notice to the Administration thirty (30) days in advance.

5.4. In the event of the Agreement expiry or early termination for any of the grounds the Administration shall reserve the right to block the Developer’s access to the API Site methods.

6.1. The Parties acknowledge that the Agreement is not a license agreement, and that the Administration does not use the Application by itself.

6.2. The Agreement conclusion, fulfillment and termination, as well as all issues related to the Agreement and not regulated by the Agreement, or regulated by the Agreement partially, shall be regulated in accordance with the applicable Russian Federation laws.

6.3. Invalidity of one or several provisions of the Agreement shall not result in invalidity of its other provisions and/or invalidity of the Agreement as a whole.

6.4. Disputes between the Parties that arose in connection with the Agreement shall be resolved by the Parties amicably. If the Parties fail to resolve a dispute amicably within 90 calendar days from the date of negotiations commencement, it shall be referred for resolution to the court at the place of the Administration’s location.

6.5. The Administration shall reserve the right without a special notice to the Developer to amend and/or supplement the Agreement and/or special documents of the Administration. The existing versions of the documents shall be placed in the publicly accessible form in the Internet at the following addresses:

- Agreement (http://vk.com/dev/appterms_mobile);

- Platform rules (http://vk.com/dev/rules);

- SDK implementation requirements (http://vk.com/dev/mobile_implement)

- other applicable special documents of the Administration placed in the Site section http://vk.com/dev.

The Developer acknowledges that it has acquainted and accepted specified documents. The Administration recommends to the Developer to check the said documents terms on a regular basis for their amendments and/or addenda. A lack within five (5) days after amendment and/or supplement of any of the Administration’s notice regarding objections connected with the new version of the documents, and continuation of the placement of a link to the Application in the VK mobile catalog shall mean acceptance and approval by the Developer of such amendments and/or addenda.