USER AGREEMENT
Version dated 20.05.2020
This agreement (hereinafter – “Agreement”) regulates the relations on the use of the site https://techfriendly.cipr.ru/, arising between Limited Liability Company “OMG” (OGRN 1167746388699, TIN 7703409304; hereinafter – “Site Administrator”) and any person who has expressed consent to enter into this Agreement on the terms and conditions set forth below (hereinafter – “User”), hereinafter jointly referred to as “Parties”, and individually as “Party”.
The Agreement is a public offer in accordance with Article 437 of the Civil Code of the Russian Federation, acceptance of the terms (acceptance) of which is the performance of actions provided for in this Agreement.
- Definitions
1.1 The terms and conditions of the Agreement contain the following definitions:
1.1.1 “Acceptance” – full and unconditional acceptance of the terms of this Agreement by performing the following actions: browsing the site, clicking on any active button on the site, filling in and sending the feedback form.
1.1.2. “Site” – a set of web pages placed on a virtual server and forming a single structure, located in the Internet at the address: https://techfriendly.cipr.ru/, administered and maintained by the Site Administrator.
1.1.3 “Content” means information presented in text, graphic, audiovisual (video) formats on the Website, being its content.
1.2. If the Agreement uses terms not defined by this section, their interpretation shall be made in accordance with the text of the Agreement.
- Subject of the Agreement
2.1 This Agreement defines the terms and procedure for the use of the results of intellectual activity, including elements of the Website content, the responsibility of the Parties and other features of the Website operation and relations of the Website Users with the Website Administrator, as well as with each other.
2.2 By accepting the terms and conditions of this Agreement by their Acceptance, the User confirms that he/she is familiarized, agrees, fully and unconditionally accepts all the terms and conditions of the Agreement and undertakes to comply with them.
- The Agreement comes into force from the moment of the User’s Acceptance of its terms and conditions. The Agreement can be changed by the Website Administrator without special notice, the new edition of the Agreement comes into force from the moment of its placement on the Website.
3. Rights and obligations of the Parties. The order of use of the Site
3.1 The Site Administrator carries out current management of the Site, independently determines its structure and appearance.
3.2 The Site Administrator has the right:
3.2.1. independently decide on the order of placing any materials on the Site, including advertising. By accepting the terms and conditions of the Agreement, the User gives his/her consent to familiarization with advertising materials for which the advertiser is responsible. If the Site contains links to other Internet sites, to which the User gets access in connection with the use of the Site, the Site Administrator is not responsible for the information posted on them.
3.2.2 Change at any time the design and user interface of the Site, its content, provided functions, Site content and other objects used or stored on the Site.
3.2.3 Delete without warning any content, including that which violates and (or) may violate the legislation of the Russian Federation, provisions of this Agreement, rights of Users or third parties.
3.2.4. Make remarks to the User, warn, notify, inform him/her about non-compliance with the provisions of this Agreement. The instructions of the Website Administrator given to the User shall be binding on the User.
3.2.5. Temporarily stop operation of the Website, as well as partially restrict or completely stop access to the Website until completion of the necessary technical maintenance and (or) modernization of the Website.
3.2.6. Collect information about the preferences of Users and the ways of using the Site (most frequently used functions, settings, preferred time and duration of work with the Site, etc.), which is not personal data, to improve the operation of the Site, diagnose and prevent failures of the Site.
3.2.7 Collect, store and process Users’ personal data, including IP-address, cookies, browser information and other data in accordance with the Personal Data Processing Policy.
3.2.8 Exercise other rights provided by other sections of the Agreement.
3.3 The Site Administrator is obliged:
3.3.1 Ensure confidentiality of the information entered by the User when using the Site, except for cases when such information is placed in publicly accessible sections of the Site.
3.3.2. Advise the User on the operation of the Site at its request.
3.3.3. Perform other duties provided by other sections of the Agreement.
3.4 The User has the right:
3.4.1. Use the Site in accordance with the terms of this Agreement.
3.4.2. Apply to the Site Administrator for assistance in using the Site.
3.4.3. Exercise other rights provided by other sections of the Agreement.
3.5 The User is obliged:
3.5.1. Use the Site and its Content without violating property and/or personal non-property rights of third parties, provisions of the Agreement and other special documents of the Site Administrator, as well as prohibitions and restrictions established by the legislation of the Russian Federation, including without limitation: copyright and related rights, rights to trademarks, service marks and appellations of origin, rights to industrial designs, rights to use images of people.
3.5.2 Do not allow the placement and transmission of materials of illegal, obscene, defamatory, defamatory, threatening, pornographic, hostile nature, as well as those containing harassment and signs of racial or ethnic discrimination, calling for the commission of actions that may be considered a criminal offense or other violation of the legislation of the Russian Federation, as well as considered inadmissible for other reasons, materials promoting the cult of violence and cruelty, materials containing foul language.
3.5.3 Refrain from copying in any form, as well as from modifying, supplementing, distributing the Site, the Site content (or any part thereof), as well as refrain from creating derivative objects on its basis without the prior written consent of the Site Administrator.
3.5.4 Do not perform any actions that disrupt the normal operation of the Site.
3.5.5. Not to distribute advertising materials in personal messages to other Users and the Site Administrator without their prior consent to receive such materials (spam).
3.5.6. To fulfill other duties provided by other sections of the Agreement.
3.6. The User shall be independently liable to third parties for their actions related to the use of the Site, including if such actions lead to violation of the rights and legitimate interests of third parties, as well as for failure to comply with the laws of the Russian Federation when using the Site.
3.7 The Site Administrator hereby grants to the User a simple (non-exclusive) license to use elements of the Site Content as follows:
3.7.1. Use the Site for viewing, familiarization, leaving comments and other records and implementation of other available functionality of the Site, including by playing on the monitor (screen) of a personal computer, cell phone or other device.
3.7.2 Briefly load into the computer memory for the purposes of using the Website and its functionality.
3.7.3 Quote elements of the Website Content with the indication of the source of quotation, including a link to the URL-address of the Website.
3.8 Within the framework of realization of the exclusive right to the elements of the Website Content, the User is not entitled to perform the actions specified below:
3.8.1. Modify or otherwise revise the Site, including translation into other languages.
3.8.2 Copy, distribute or revise materials and information contained on the Site, except where necessary and caused by the implementation of functionality available to a particular User.
3.8.3. Violate the integrity of the security system or perform any actions aimed at bypassing, removing or deactivating the technical means of protection; use any program codes designed to distort, delete, damage, simulate or violate the integrity of the Site, transmitted information or protocols.
3.9 Any rights in respect of the Site and elements of its Content not expressly granted to the User in accordance with this Agreement shall be retained by the Site Administrator.
3.10. No provisions of this Agreement shall grant the User the right to use the trade name, trademarks, domain names and other distinctive signs of the Website Administrator. The right to use the trade name, trademarks, domain names and other distinctive signs of the Website Administrator may be granted by the Website Administrator only by written agreement with the Website Administrator.
3.11. The Website is provided by the Website Administrator in “as is” condition (as is), without warranty or any obligation to eliminate defects, operational support and improvement.
- Responsibility of the Parties
4.1 The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations in accordance with the terms of the Agreement and Russian legislation.
4.2 The Website Administrator shall not be liable for technical interruptions in the Website operation.
4.3 The Website Administrator shall not be liable for any actions of the User related to the use of the granted rights to use the Website and its Content.
4.4 The Site Administrator shall not be liable for the User’s losses arising from the use of the Site, including those that may arise for the User due to the limitation of the Site availability or due to the loss and/or disclosure of their data or in the process of using the Site.
4.5 If any third party makes a claim to the Site Administrator in connection with the User’s violation of the Agreement or applicable laws, violation by the User of third party rights (including intellectual property rights), the User undertakes to compensate the Site Administrator for all costs and losses, including payment of any compensation and other costs associated with such claim.
4.6. The Site Administrator shall not be responsible for the content posted by the Users of the content that is available to other Users, as well as any opinions, recommendations or advice contained in such Content. The Website Administrator does not perform preliminary verification of the content, authenticity and safety of these materials or their components, as well as their compliance with the requirements of the applicable law, and the presence of the User of the necessary scope of rights to use them in a mandatory manner.
- Dispute Resolution
5.1 All disputes and disagreements under this Agreement, the Parties undertake to resolve by negotiation.
5.2 If the Parties fail to settle any disagreements, the dispute shall be resolved in court at the location of the Website Administrator in accordance with the laws of the Russian Federation.
