End user license agreement
April 8, 2019
PLEASE THOROUGHLY READ AND ENSURE THAT YOU UNDERSTAND THIS DOCUMENT PRIOR TO USING THE SITE. USE OF THE SITE IS PERMITTED ONLY WHEN THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE OBSERVED. BY USING THE SITE, YOU ASSUME THE OBLIGATIONS DETAILED IN THE AGREEMENT BELOW.
1. GENERAL PROVISIONS
1.1. The end user license agreement (hereinafter the “Agreement”) is published by “Eco-Vector” LLC, OGRN 1099847039907, INN/KPP 7806423692/784101001, located at: Office 1N, Bldg. 3A, Aptekarsky Lane, Saint Petersburg (hereinafter the Site Administrator) to set the terms and conditions of access to https://journals.eco-vector.com (hereinafter the “Site”) by any person (hereinafter the “User”).
1.2. In accordance with item 2, Article 437 of the RF Civil Code, the Agreement is considered as the public offer. Under Article 438 of the RF Civil Code, the Agreement is considered to be accepted by undertaking any actions stipulated in the Agreement; bilateral signing is not required and the Agreement is valid in electronic format.
1.3. The User is not entitled to make this Agreement if they have not yet attained the requisite age under valid legislation.
2. TERMS AND DEFINITIONS
The terms used in the Agreement shall have the following meanings, unless otherwise specified:
2.1. Site Administrator – “Eco-Vector” LLC, OGRN 1099847039907, INN/KPP 7806423692/784101001, located at: Office 1N, Bldg. 3A, Aptekarsky Lane, Saint Petersburg, holding all rights related to the Site.
2.2. Site – entirety of programs for electronic computing machines and other information contained in the information system, accessed via the data telecommunication network Internet and located at www.eco-vector.com.
2.3. Offer – proposal to any person to enter into an agreement under the terms and conditions comprehensively stated in the Agreement.
2.4. Acceptance – full and unreserved consent of the User to enter into an agreement under the terms and conditions stated in the Agreement, considered to be effective from the time the User starts to use the Site.
2.5. Personal cabinet – an individual Site section accessed by the User by inputting their login name and password, known only by the User.
2.6. User account – entirety of the User data used for identifying them, including information about the User.
2.7. Content – any text, graphic, audio, video, or other materials placed on the Site.
3. SUBJECT OF THE AGREEMENT
3.1. The Site Administrator provides the User with an ordinary (non-exclusive) license to use the Site and its content under the terms and conditions stated in the Agreement.
3.2. The Site Administrator confirms that it has all exclusive rights pertaining to the Site.
3.3. The User confirms that, before acceptance, they have familiarized themselves, read, and understood with the terms and conditions of the Agreement.
3.4. The text of the Agreement is placed on the Site. The Site Administrator is entitled to modify the terms and conditions of the Agreement at any time, but only by publishing the revised version on the Site.
4. REGISTRATION OF USER ACCOUNT
4.1. To gain access to some functions of the Site, the User is required to register for a free user account.
4.2. To register for a user account, the User shall provide accurate, full, and correct data and specify a login name and password in the designated fields of the form placed on the Site.
4.3. The Site Administrator reserves the right to set the procedure for confirming user account registration and to introduce requirements for the login name and password to ensure the safety of the user account.
4.4. The User shall be personally liable for the safety and resistance to theft by third parties of the password selected by the User, and shall independently ensure its confidentiality. The User undertakes not to disclose their login name and password set during registration to any third parties.
4.5. The User confirms that any actions performed through their user account (including, without limitation, clicking buttons confirming consent with any agreements and rules) shall be considered as authorized by the User, unless proved otherwise.
4.6. The Site Administrator reserves the right to check data provided by the User for compliance with item 4.2 of the Agreement. If the Site Administrator believes that the data provided by the User do not comply with the said item, the Site Administrator reserves the right to withhold and/or block the User’s access to the personal cabinet.
5. RIGHTS AND OBLIGATIONS
5.1. The User is entitled:
5.1.1. Access the Site at any time, except where preventive maintenance is being conducted.
5.1.2. Use the Site within the limits specified by the Agreement.
5.2. The User undertakes to:
5.2.1. Follow the terms and conditions of the Agreement.
5.2.2. Not distribute any harmful software that damages, prevents, caches, expropriates, or violates in any other way the software or hardware systems connected with the Site or any personal information of other Users.
5.2.3. Provide personal information during registration of the user account and keep it updated thereafter. The User confirms that the information they provide complies with item 4.2 of the Agreement.
5.2.4. Not copy, reproduce, repeatedly publish, or make transactions with the Site content, and not use the Site to engage in any activities similar to those of the Site Administrator.
5.2.5. Not upload, publish, or make accessible on the Site any information that violates the requirements of valid legislation, or that, in the Site Administrator’s view, violates rights and interests of other citizens or legal entities, or that, for any other reason, is undesirable content on the Site, including, without limitation, information that violates the intellectual rights of third parties; contains threats; offends; discredits honor, dignity, and business reputation; violates the personal privacy of other Users or third parties; contains coarse language or pornographic photos or videos; promotes and/or supports incitement of racial, religious, or ethnic hatred or enmity; or contains information to which access is restricted, including, without limitation, state or commercial secrets.
5.2.6. Perform other obligations specified by the Agreement and follow all valid laws and regulatory enactments when using the Site.
5.3. The Site Administrator is entitled to:
5.3.1. Terminate a User’s access or delete their account, and impose any other restrictions on Site use if the Site Administrator has any reasonable grounds to believe that the User has violated the terms and conditions of the Agreement.
5.3.2. Set restrictions on Site use, such as limiting the amount of information that can be downloaded for some categories of Users, depending on, in particular but without limitation, the User’s location and language.
5.3.3. Delete or modify any information placed by the User on the Site that violates valid legislation or the rights and interests of other citizens and legal entities, or is otherwise considered undesirable for placement on the Site.
5.3.4. Terminate the Agreement with the User and refuse its fulfillment where the User breaches the terms and conditions of the Agreement.
5.3.5. Unilaterally change the text of the Agreement at any time.
5.4. The Site Administrator undertakes to:
5.4.1. Provide anytime accessibility to the Site, except where preventive maintenance is being conducted.
5.4.2. Not perform any actions that could result in the User being unable to use the Site.
5.4.3. Not to check the content of any information transferred by the User via the Site.
6. CONDITIONS OF SITE USE
6.1. The Site Administrator shall provide the User with a personal, globally valid, free, non-exclusive, limited, and unassignable license for Site use under terms and conditions stated in the Agreement.
6.2. The Site Administrator provides the User with the right to use the Site only for purposes that do not contradict valid legislation. Unless otherwise specified by the Agreement, the User is not entitled to: access, collect, copy, distribute, demonstrate, modify, or download any part of the Site using automatic tools, programs, or algorithms, except for short-term downloads (caching) for the purposes of using the Site.
6.3. The User is entitled to upload, publish, and make available information on the Site in any other way, for which they give the Site Administrator a free, non-exclusive, globally valid license to use such information for the period of validity of exclusive rights. The Site Administrator is not obliged to provide the User with any reports on the use of information placed on the Site.
6.4. The User shall be fully liable for the compliance of all information placed on the Site with the requirements of valid legislation. This includes responsibility for violating the rights and legal interests of third parties. The Site Administrator is entitled to edit (moderate) any information placed on the Site by the User.
6.5. When the Agreement is terminated, the validity of all licenses and rights for Site use is immediately terminated. Termination of the Agreement shall not affect the User’s obligations thereunder to the Site Administrator, which shall continue for a reasonable period after said termination.
7.1. The Site Administrator shall make all efforts to ensure the serviceability of the Site; however, it does not guarantee its permanent accessibility, uninterrupted and timely service provision, safety, accuracy, and the absence of errors in Site operation. The only accessible possibility for the User should any of these problems occur is immediate termination of Site use.
7.2. Site use is provided to the User as is and at the User’s own risk, without any express or implied warranties from the Site Administrator, including, without limitation, any warranties or conditions of quality assurance, working properties, merchantability, or suitability for use for any other purposes. The Site Administrator shall be liable only for the culpable failure to perform or improper fulfillment of its obligations under the Agreement.
7.3. The Site Administrator shall not be liable, whether in contract or tort and regardless of whether it was informed of the possible occurrence of such violations or losses connected with or consequential to Site use by the User, for any damage resulting from, without limitation:
7.3.1. The User downloading or otherwise sourcing data from the Site. No recommendations given to the User verbally or in writing by the Site Administrator shall constitute any warranty;
7.3.2. Disclosure to third parties of information contained in the User’s account for which the Site Administrator was not at fault;
7.3.3. Preventive maintenance of the Site by the Site Administrator, during which the User cannot use the Site;
7.3.4. Occurrence of any circumstances specified in section 8 of the Agreement;
7.3.5. Actions (or failures to act) of other Users.
7.4. The User shall be liable for non-fulfillment or improper fulfillment of their obligations. If any person makes a claim against the Site Administrator due to violation by the User of the Agreement and/or the rights of such person, including exclusive rights, then the User undertakes to enter the court proceedings as a third person, provide appropriate compensation, and indemnify and hold harmless the Site Administrator against reimbursement of the claimant’s losses.
8.1. Any prevention of Site use by force-majeure circumstances shall not constitute violation of the Site Administrator’s obligations to the User under the terms and conditions of the Agreement.
8.2. Force-majeure circumstances that directly or indirectly affect fulfillment of the Agreement by the Site Administrator and are beyond the Site Administrator’s reasonable control include, without limitation: natural disasters; Internet shutdown; telecommunications, computers, or any other equipment failure; electric power shutdown; government activities, including decisions of domestic or foreign courts or tribunals; or the non-fulfillment of obligations by third parties.
9. CLAIMS AND NOTIFICATIONS
9.1. In case of a dispute between the Site Administrator and the User pursuant to the Agreement, a pre-arbitration procedure of dispute settlement is mandatory.
9.2. The User is entitled to send a written claim to the Site Administrator if they believe that the Site Administrator has violated the terms and conditions of the Agreement. Claims that do not identify the User shall not be processed by the Site Administrator.
9.3. The Site Administrator is entitled to send a written claim to any User who it believes has violated the terms and conditions of the Agreement.
9.4. A claim shall be processed within 30 (thirty) days after the date of its receipt by the addressee.
9.5. Should the parties fail to settle a dispute concerning the Agreement in accordance with the pre-arbitration procedure of dispute settlement, the dispute shall be settled in the local court of the Site Administrator.
10.1. The Site Administrator respects the right of the User to receive only those messages that they have consented to receive. When distributing such messages, the Site Administrator shall follow the Policy of distribution of notifications and advertising information placed on the Site.
11. FINAL PROVISIONS
11.1. This Agreement between the Site Administrator and the User comprehensively governs Site use by the User, including all functions and services of the Site, replacing any preliminary written or verbal agreements regarding the content covered by the Agreement. Due to the gratuitous nature of Site use, the RF Law dated February 7, 1992, No. 2300-I “On protection of consumer rights” shall not apply to relations between the Site Administrator and the User in connection with the Agreement.
11.2. With regard to the principle of equality and independency of the parties, no labor, agency, or partnership relations, except for relations for Site use, can be established between the Site Administrator and the User under the Agreement. These relations, as well as any others, can only be established between the Site Administrator and the User by separate agreements.
11.3. If any provision or part thereof of the Agreement is recognized as legally invalid by any court or administrative authority of relevant jurisdiction, such provision or part shall be deleted from the Agreement without any prejudice to the legality, validity, or possibility of compulsory enforcement of the remainder of the Agreement.
11.4. Any failure or delay by the State Administrator in acting to enforce its legal rights under the Agreement, including but not limited to any claim for compensation of losses, does not constitute a waiver of the Site Administrator’s legal rights.
11.5. The Site Administrator reserves the right to change the Agreement. Any changes shall come into force from the time of their publication on the Site. The User recognizes and agrees that their use of the Site after such changes are incorporated into the Agreement automatically confirms their consent to the incorporated changes.
11.6. The names of the sections of the Agreement are solely for reference and shall not be used to determine, limit, or interpret the content of any section.
11.7.This Agreement is governed by the legislation of the Russian Federation.
11.8. This Agreement is made in the Russian language.