This user Agreement for the use of the website terrestrialvoices.ayarkut.com/en
(hereinafter referred to as the "User Agreement", the "Agreement") is a legally binding agreement that defines the rights and obligations between the Administration and the User arising from the use of the website terrestrialvoices.ayarkut.com/en
(hereinafter referred to as the "Website"). The provisions of this Agreement also apply to relations related to the rights and interests of third parties who are not Users, but whose rights and interests may be affected as a result of User actions.
This Agreement is addressed to an indefinite circle of persons and is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
This Agreement is concluded in a special way: by accepting this Agreement containing all the essential terms of the Agreement, without signing by the parties. This Agreement has legal force in accordance with the provisions of the current Civil Code of the Russian Federation and is equivalent to an agreement drawn up in writing and signed by the Parties.
Unconditional acceptance of this User Agreement (offer) in accordance with Article 438 of the Civil Code of the Russian Federation is the commission by the User of any actions aimed at using the Website (viewing, searching for information, registration, sending applications for participation in contests announced by the Administration, sending donations to the statutory activities of the Administration, etc.) and other actions to use the functionality of the Site.
Acceptance of the offer means unconditional acceptance of all its terms without any exceptions or restrictions on the terms of accession.
The activity of the Website extends to the territory of the Russian Federation, and this Offer is applied exclusively on the territory of the Russian Federation.
- Terms and definitions
In this User Agreement, the following terms and definitions are interpreted in the following meaning:
A) Administration - Charity Foundation for the Development of the region "Sinet Spark", OGRN 1201400004453.
- a set of intellectual property objects (programs for electronic computers, databases, hypertext documents, graphical interface design, design elements, images, etc.) and other information contained in an information system, access to which is provided via the Internet information and telecommunications network by domain names and (or) network addresses that allow identifying sites on the Internet.
C) Domain name — a certain sequence of characters denoting the name of the Website, and intended for addressing Websites on the Internet in order to provide access to information posted on the Websites. A domain name is an object of Website individualization.
D) User is an individual registered on the Website in accordance with the procedure established by these rules, who has reached the age allowed in accordance with the legislation of the Russian Federation for accepting these Rules, and has the appropriate authority, including a representative of the organization that accepted this Agreement.
F) User Agreement — the text of this Agreement containing all the necessary and essential terms of the Agreement on granting the right to use the Website. All annexes and rules specified in this Agreement and/or explicitly named as annexes to this Agreement are also an integral part of this Agreement.
E) Content – design elements, illustrations, graphic images, photographs, scripts, texts, videos, music, sounds and other objects posted on the Website that are the result of intellectual activity or are not such, the rights to which belong to the Administration, the User or other persons.
2. Subject of agreement
2.1. The Administration, under the terms of this Agreement, offers to use the Website. The User undertakes to use the Website in strict accordance with the terms of this Agreement and its annexes, both existing and developed in the future.
A person who does not agree with the terms of this Agreement is not entitled to use the Site.
2.2. The right to use the Website is granted to the User free of charge, unless a separate provision, rule or agreement (contract) expressly provides otherwise.
3. General conditions
3.1. The Administration provides access to the Website via a personal computer and various mobile devices of the User, both existing at present and developed in the future.
3.2. The provided Website can be changed, supplemented, updated, changed the form and nature of the functionality at any time without prior notice to the User, and therefore their use is offered in the "as is" mode, in accordance with the principle generally accepted in international practice, i.e. the form and volume in which they are provided by the Administration at the time of the User's access to the Website.
The Administration has the right, if necessary, at its own discretion, to terminate (temporarily or permanently) the provision of access to the Website to all Users in general or to an individual User, in particular, without prior notice. The Administration is not responsible for the discrepancy between the results of using the functionality of the Website and the User's expectations.
3.3. In accordance with the principles of reasonableness and good faith, the Administration assumes that the User has all the necessary rights that allow him to use the Website;
3.5. This Agreement is an open and publicly available document. The Agreement may be changed and/or supplemented by the Administration unilaterally without any special notification (consent) of the User. The current version of the Agreement is available on the Internet at: terrestrialvoices.ayarkut.com/soglashenie.
3.6. Changes and additions come into force the day after the new version of the Agreement is posted on the Website.
3.7. The Administration recommends that Users regularly check the terms of this Agreement for changes and/or additions. Continued use of the Website after making changes and/or additions to this Agreement will mean acceptance and consent of the User with such changes and/or additions.
3.8. The User has the right to refuse to accept the terms of this Agreement, as well as changes and /or additions to this Agreement, which is regarded as the User's refusal to use the Website. In this case, the User is obliged to immediately stop using the Website in any way.
3.9. Appeals, proposals and claims of individuals and legal entities to the Administration in connection with this Agreement and all issues related to the functioning of the Website, violations of the rights and interests of third parties when using it, as well as for requests of persons authorized by the legislation of the Russian Federation should be sent to the mailing address of the CF "Sinet Spark" specified in clause 10 of this Agreement.
4. Conditions of exclusive rights
4.1. Exclusive rights to the Content posted on the Website:
4.1.1. Except for the cases established by this Agreement, as well as the current legislation of the Russian Federation, no Content may be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise used in whole or in parts without the prior permission of the copyright holder, except in cases where the copyright holder has explicitly expressed his consent to the free use of the Content by any person.
4.1.2. Unless otherwise expressly provided in this Agreement, nothing in this Agreement can be considered as a transfer of exclusive rights to the Content.
4.2. Third-party Websites and Content:
4.2.1. The Website contains (or may contain) links to other sites on the Internet (third-party sites) as well as articles, photographs, illustrations, graphic images, music, sounds, videos, information, applications, programs and other Content belonging to or originating from third parties (Third-party Content), which is the result of intellectual activity and protected in accordance with the legislation of the Russian Federation.
4.2.2. These third parties and their Content are not checked by the Administration for compliance with certain requirements (legality, reliability, completeness, integrity, etc.). The Administration is not responsible for any information, materials posted on third-party sites that the User accesses on the Website, including, but not limited to, any opinions or statements expressed on third-party sites or in their Content, advertising, etc., as well as for the availability of such sites or Content and the consequences of their use.
4.2.3. If the User decides to leave the Website and go to third-party sites or use (install) third-party programs, he does so at his own risk and from that moment this Agreement no longer applies to the User. In further actions, the User should be guided by applicable norms and policies, including the business customs of those persons whose Content he is going to use.
5. Obligations and rights of the User
5.1. User has a right to:
5.1.1. use the Website and its functionality on the terms specified in this Agreement, as well as other special documents (rules, instructions, agreements, contracts) of the Administration and Partners.
5.2. User is obliged to:
5.2.1. act exclusively in accordance with the current legislation of the Russian Federation, this Agreement and other special documents regulating the rules for using the functionality of the Website;
5.2.2. get acquainted with the text of this User Agreement periodically, as well as with all special documents of the Administration regarding the Website.
6. Personal data processing
7. Liability restriction. Warranties
7.1. The User is solely and fully responsible for all actions performed by him when using the Website in accordance with the legislation of the Russian Federation.
7.2. Since the Website is provided on the principle of "as is", the Administration is not responsible for the Website's compliance with the User's goals. The User uses the Website at his own risk.
7.3. The Administration reserves the right at any time to change the design of the Website, its content, functionality, modify or supplement the scripts, software and other objects used or stored on the Site, any server applications at any time with or without prior notice. In this regard, the Administration is not responsible for any User losses or lost profits.
7.4. The Administration makes every possible effort to ensure the proper functioning of the Website, however, is not responsible for non-fulfillment or improper fulfillment of obligations under this Agreement, as well as for direct and indirect losses of the User, including lost profits and possible damage, including as a result of:
- illegal actions of Internet users aimed at violating information security and/or the proper functioning of the Website.
- absence (inability to establish, terminate, etc.) of Internet connections between the User's server and the Administration server;
- carrying out activities by state and municipal bodies, as well as other organizations within the framework of operational investigative measures;
- establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or the establishment by these entities of one-time restrictions that make it difficult or impossible to fulfill this Agreement;
- other cases related to the actions (inaction) of Internet users and /or other entities aimed at worsening the general situation with the use of the Internet and /or computer equipment that existed at the time of conclusion of this Agreement.
7.5. The Administration does not conduct control over the legal capability and legal capacity of Users.
7.6. Under any circumstances, the Administration's liability to the User is limited to the amount of 1,000 (one thousand) rubles. Losses and lost profits are not subject to compensation to the User.
8. Disputes and claims
8.1. All disputes and disagreements related to the execution of this Agreement are resolved through negotiations. The Parties establish a mandatory pre-trial procedure.
8.2. The User and/or third parties whose rights and legitimate interests have been violated are obliged to send a claim to the Administration in writing by registered mail to the address 677018, Republic of Sakha (Yakutia), Yakutsk, Ordzhonikidze str., 36, building 1, office 703-1. The Administration responds to the claim within 45 (forty-five) calendar days from the date of receipt of the claim.
8.3. If it is impossible to settle disputes and disagreements through negotiations, the dispute is subject to resolution in accordance with the legislation of the Russian Federation in court at the location of the Administration.
9. Final clauses
9.1. This Agreement is an agreement between the User and the Administration regarding the use of the Website and replaces all previous agreements between the User and the Administration.
9.2. This Agreement is open-ended.
9.3. If any of the provisions of this Agreement proves invalid by virtue of law or a court decision that has entered into force, it will be considered excluded from this Agreement, and the remaining provisions of this Agreement remain in force.
9.4. This Agreement is governed by and interpreted in accordance with the laws of the Russian Federation. Issues not regulated by the Agreement are subject to resolution in accordance with the legislation of the Russian Federation.
9.5. Nothing in this Agreement can be understood as the establishment of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations between the User and the Administration that are not directly provided for in this Agreement.
9.6. Inaction on the part of the Administration in case of violation by any of the Users of the provisions of the Agreement does not deprive the Administration of the right to take appropriate actions later to protect its interests and copyright protection for the materials of the Website protected in accordance with the legislation.
10. Administration address
Charity Foundation for the Development of the region "Sinet Spark", OGRN 1201400004453. Address: 36, Ordzhonikidze Street, building 1, office 703-1, Yakutsk, Republic of Sakha (Yakutia), 677018. Email address: email@example.com.
Date issued: 01.02.2022