This User Agreement document constitutes an offer of Yazykovye Tehnologii (Language Technologies) LLC (hereinafter the "Administration") to conclude an agreement on the conditions stated below.
1. General provisions
1.1. In this document and the relations of the Parties arising out of or related to it, the following terms and definitions shall apply:
a) Content - images, text, audio and video materials, as well as other objects of copyright and/or related rights;
b) Personal Account - a personal section of the Website which can be accessed by the User after registration and/or authorization on the Website. The Personal Account is designed for storing the personal data of the User and viewing and managing the available functional capabilities of the Service.
c) Platform - software and hardware tools integrated with the Website of the Administration;
d) User - a competent natural person that has acceded to this Agreement in his/her own interest or acting on behalf of and in the interests of the legal entity he/she represents.
e) Website of the Administration/Website - Internet sites hosted at the domain learnathome.ru and its subdomains.
f) Service - a set of services and license provided to the User with the use of the Platform and the Website.
g) Agreement - this agreement with any additions and amendments.
1.2. Other terms and definitions not specified in clause 1.1. hereof may be used in this Agreement. In this case such term shall be interpreted in accordance with the text of the Agreement. In the absence of a clear interpretation of the term or a definition in the text of the Agreement, one should be guided by its interpretation defined, first, by the legislation of the Russian Federation and, subsequently, by business practice and scientific doctrine.
1.3. Your use of the Service by any means and in any form within its declared functionality, including
viewing materials posted on the Website;
registration and/or authorization on the Website;
posting or displaying any materials on the Website, including but not limited to texts, hyperlinks, images, audio and video files, data and/or other information, and other Content;
other use of the functional capabilities of the Service;
creates an agreement on the terms of this Agreement and the documents, which are binding for the Parties, referred to therein, in accordance with Art. 437 and 438 of the Civil Code of the Russian Federation.
1.4. By using any of the above-mentioned possibilities for using the Service, you confirm that:
a) You have reviewed the terms of this Agreement and the documents, binding for the Parties, referred to therein in full before using the Service.
b) You accept all the terms of this Agreement and the documents binding for the Parties referred to therein in full, without any exceptions or restrictions on your part, and you agree to comply with them or stop using the Service. If you do not agree with the terms of this Agreement and the documents binding for the Parties referred to therein or do not have the right to conclude an agreement based thereon, you should immediately cease any use of the Service.
c) The Agreement (including any part thereof) and/or the documents binding for the Parties referred to therein may be changed by the Administration without any special notification. The new edition of the Agreement and/or the documents binding for the Parties referred to therein shall take effect from the date they are posted on the Website by the Administration or they are brought to the attention of the User in any other convenient form, unless otherwise provided for by the new edition of the Agreement and/or the documents binding for the Parties referred to therein.
2. General Conditions for Use of the Service
2.1. Using the functional capabilities of the Service is permitted only after the User's registration and authorization in accordance with the rules stipulated by the Administration.
2.2. The list of additional functional capabilities whose use requires an extended license, as well as review and acceptance of the License conditions for the additional functional capabilities of the Service, shall be determined at the sole discretion of the Administration, and may be changed from time to time.
2.3. The User shall at his/her own discretion determine the required and sufficient package of licenses after authorization on the Website from the list proposed in the Personal Account on the basis of his/her own needs and taking into account the declared functional capabilities of the Service.
2.4. Depending on the available functional capabilities of the Service, the User is allowed to post, edit and delete Content on the Website, subject to the limitations and warranties provided for in this Agreement;
2.5. Technical, organizational and commercial conditions for the use of the Service, including its functional capabilities, shall be communicated to the Users by separate posting on the Website or by notification of the Users.
2.6. The login and password selected by the User constitute the necessary and sufficient information for the User's access to the Website. The User has no right to transfer his login and password to third parties, and shall be fully responsible for their security, choosing his/her own way of keeping them.
2.7. Any actions performed using the User's login and password shall be considered to have been performed by the User. In case of unauthorized access to the login and password, their loss or their disclosure to third parties, the User shall immediately notify the Administration by sending an e-mail from the e-mail address specified in his/her profile on the Website.
3. License to Use the Service:
3.1. The Administration provides the registered and/or authorized User the right to functional use of the Platform and the Website of the Administration under the terms of a free ordinary (non-exclusive) non-transferable license within the limitations of the overall functional capabilities of the Service.
3.3. The User shall be permitted to use certain functional capabilities of the Service in accordance with the procedure established by the Administration and to the extent depending on the license package selected after authorization.
3.4. The Administration has the right to set limits and to introduce other technical restrictions on the use of the Platform and/or the Website of the Administration, which from time to time will be communicated to the Users in the form and by the means selected by the Administration.
3.5. Using the Platform and/or the Website of the Administration in other ways, including by copying (reproducing) the Content placed on the Website or design elements, computer programs and databases forming part of the Platform and/or the Website of the Administration, as well as their decompilation or modification, is strictly prohibited.
4. User Warranties
By accepting the terms of this Agreement, you represent and warrant that:
4.1. You have all the required rights and authorities to enter into the Agreement for the use of the Service and its execution;
4.2. You will use the Service solely for the purposes permitted by this Agreement, in compliance with its provisions, as well as the requirements of applicable law and generally accepted practices;
4.3. You will not take any actions that will be in conflict or interfere with the provision of the Service or the operation of the corresponding equipment, networks or software which is used for the provision of the Service;
4.4. Your use of the Service for specific purposes do not violate the property and/or moral rights of third parties or prohibitions and restrictions imposed by applicable law, including, without limitation, copyright and related rights, rights to trademarks, service marks and appellations of origin of goods, rights to industrial designs, the right to use images of people; the data received or transmitted by you does not contain information and/or images that offend the honor, dignity and business reputation of third parties or information promoting violence, pornography, drugs or racial or ethnic hatred; and you have obtained all the required permissions from the authorized persons in connection with the use of such information.
5. License to Use the Content
5.1. By accepting the terms of this Agreement, you provide the Administration free of charge with an ordinary (non-exclusive) license to use the Content that you add (post or transmit) to the Website of the Administration.
5.2. Such ordinary (non-exclusive) license to use the Content shall be provided to the Administration simultaneously with the addition of your Content to the Website of the Administration for the whole duration of the exclusive rights to the objects of copyright and/or related rights forming such Content, for use in all countries worldwide.
5.3. Within the framework of the ordinary (non-exclusive) license provided to the Administration, it is permitted to use the Content in the following ways:
reproducing the Content, i.e., making one or more copies of the Content in any material form, as well as recording it in the memory of an electronic device (the right of reproduction);
distributing copies of the Content, i.e., providing access to the Content reproduced in any material form, including by network or other means, as well as by selling, renting, leasing, or lending, including import for any of these purposes (right of distribution);
publicly displaying the Content (right of public display);
publicly performing the Content (right of public performance);
communicating the Content in such a way that any person may have access to it in an interactive mode from any place and at any time of his choice (the right of communication to the public);
modifying the Content, i.e., adapting or otherwise processing the Content, including translation of the Content from one language to another (right of adaptation);
the right to assign all or part of the obtained rights to a third party (the right to sublicense).
By agreeing to the terms of this Agreement, you understand and agree that:
6.1. The provisions of legislation on consumer protection shall not be applied to the relations of the Parties for the provision of the Service on a charge free basis.
6.2. Service is provided "as is", hence you are not provided with any guarantees that the Service will meet your requirements; that the provision of services will be uninterrupted, timely, secure or error free; that the results that can be obtained using the Service will be accurate and reliable; that the quality of any product, service, or information obtained from the use of the Service will meet your expectations; or that all software errors in the Service will be corrected.
6.3. Since the Service is at the stage of constant additions and updates of new functional capabilities, the form and nature of the services provided may change from time to time without prior notice. The administration has the right, at its sole discretion, to terminate (permanently or temporarily) provision of the services (or any features within the framework of the services) to all Users or to you in particular without prior notice.
6.4. The Administration has no relation to the data you receive when using the Service, and does not check the content, authenticity or security of such data and materials or their components, their compliance with the requirements of applicable law, or Users' possession of the required rights for their receipt, distribution and use.
6.5. In particular, you may not use the Service to:
distribute counterfeit materials;
distribute pornographic materials, promote pornography or child erotica, or advertise sexual services;
distribute any other prohibited information, including materials of extremist nature and aimed at suppressing human rights and freedoms on grounds of race, nationality, religion, language or gender, inciting the commission of acts of violence against humans or inhumane treatment of animals, or calling for the commission of other illegal acts, including clarifying the procedure for the manufacture and use of weapons, drugs and their precursors, etc.;
predominantly or exclusively provide links to other sites;
distribute promotional materials to third parties without obtaining their prior consent to receive them (spam);
carry out other illegal activities, including obtaining unauthorized access to confidential information, distributing it, unauthorized access to computer information, use and distribution of malicious computer programs, or violation of the rules of operation of tools for the storage, processing or transmission of computer information and information and telecommunications networks.
6.6. The Administration does not carry out a preliminary check of information and materials received and distributed by Users. Any responsibility for the contents of such information and materials and their compliance with the requirements of applicable law shall be borne by the person who created such Content and/or added it to the Website of the Administration.
6.7. If you detect a violation of your rights and/or interests in connection with the provision of the Service, including posting of improper Content by other Users, you should inform the Administration. To do this, you must send a written notice to the Administration detailing the circumstances of the violation and a hypertext link to the page of the Website containing the materials that violate your rights and/or interests.
6.8. You are solely responsible for any breach of the obligations set out in this Agreement and/or by applicable law, as well as for all the consequences of such violations (including any loss or damage which may be incurred by the Administration and other third parties).
6.9. In the case of any claims from third parties in respect of the violation of any of the property and/or moral rights of third parties, as well as legislative prohibitions or restrictions, you shall, at the request of the Administration, pass a formal identification by providing the Administration with a notarized affidavit that you will settle the submitted claims on you own and at your own expense, indicating your passport data.
6.10. The Administration reserves the right to remove any Content from the Website or restrict access to it unilaterally prior to receipt from you of the above-mentioned written obligation.
6.11. In the case of repeated or gross violation of the terms of this Agreement and/or the requirements of legislation, the Administration reserves the right to block your profile (account) completely, remove it, or otherwise limit (cease) provision of the Service.
6.12. If the Administration is held liable or penalties are imposed on it in connection with your violations of the rights and/or interests of third parties or of legislative prohibitions or restrictions, you shall fully compensate the losses of the Administration.
6.13. The Administration reserves the right to post promotional materials and links to other resources in special blocks on the Website or distribute them as notifications; the Administration does not bear any responsibility for the advertising materials or the availability of such resources, for the materials posted on them, or for any consequences associated with the use of such resources or their materials or advertising.
6.14. The Administration excludes itself from any liability whatsoever in connection with violations committed by you or causing you harm or loss under the above circumstances.
6.15. The Administration is not responsible for the use by any person of the publicly available personal data of the User.
6.16. In any circumstances, the liability of the Administration shall be limited to 1,000 (One thousand) rubles and shall be imposed on it solely in case of its faulty actions.
7.1. You agree to receive electronic information messages (hereinafter "notifiers") from the Administration at the e-mail specified in your profile on the Website about important events taking place in the framework of the Website or in connection with it.
7.2. The Administration may use the notifiers to inform the User about the features of the Platform and/or the Website of the Administration and/or a change in the information resources posted on them.
8.1. The Registered User shall, at his/her own discretion, determine the conditions and procedure for the use of the Personal Account and other functional capabilities of the Service, which, however, may not under any circumstances be contrary to this Agreement.
8.2. Applicable law. This Agreement and the procedure for its conclusion and execution, as well as issues that are not regulated by this Agreement, shall be governed by the current legislation of the Russian Federation.
8.3. Arbitration. Any disputes under this Agreement or in connection therewith shall be subject to judicial review at the location of the Administration in accordance with the procedural law of the Russian Federation.
8.4. Amendments. This Agreement may be amended or terminated by the Administration unilaterally without prior notice to the User and without payment of any compensation in this regard.
8.5. Revision of the Agreement. The current version of this Agreement is posted on the Website of the Administration, and is available in the Internet at https://www.learnathome.ru
Revision as of July 1, 2013.
Yazykovye Tehnologii (Language Technologies) Limited Liability Company
38/25 Timiryazevskaya St., Moscow 127422, PSRN 1137746389868