This User Agreement is addressed to one or more specific persons and constitutes a public offer according to paragraph 2 of article 437 of the Civil Code of the Russian Federation.
This Agreement is concluded in a specific order: by acceptance of the Agreement, containing all significant conditions of the Agreement, without its signing by the parties. The Agreement has legal force in accordance with the provisions of the current Civil Code of the Russian Federation and is tantamount to the contract, made in written form and signed by the Parties.
Any actions, taken by the User, directed to the use of the Web site (view, information search, registration, applications for competitions, announced by the Administration, donations to the statutory activities of the Administration, etc.) and other actions directed to the use of the Web site services shall mean unconditional acceptance (acceptance) of the User Agreement (offer) according to the article 438 of the Civil Code of the Russian Federation.
Acceptance of the offer shall mean unconditional acceptance of all its conditions without any exceptions or limitations on terms of accession.
The Web site operation extends on the territory of the Russian Federation; and the present Offer shall apply only on the territory of the Russian Federation.
1. Terms and definitions.
In this User Agreement, following terms are interpreted in the following meanings:
A) The Administration - "Sinet Spark (Iskra)" Charitable Foundation for regional development, OGRN 1201400004453.
B) The Web site sintespark.org - a collection of intellectual property items (computer software, databases, web documents, interface graphic design, design features, images etc.) and other information contained in the information system, access to which is provided through the Internet information and communication network by domain names and (or) network addresses, identifying web sites in the Internet.
C) Domain name – the specific sequence of characters, defining the name of the Web site, and intended for web sites addressing in the Internet in order to provide access to the information, posted on the web site.
D) The User – an individual person, registered on the Web site in accordance with the procedure, established by the present rules, who attained the age, eligible to accept this Rules according to the Russian Federation legislation, and who has a relevant authority, including corporate representative, who has accepted the Agreement.
E) The User Agreement – the text of this Agreement, containing all necessary and essential terms of the Agreement on granting rights to use the Web site. All addendums and rules listed in this Agreement and/or directly named as addendums to this Agreement shall constitute an integral part of this Agreement.
F) Content – design features, illustrations, graphic pictures, photographs, scripts, texts, videos, music, sounds and other objects, hosted on the Web site and constituting or not constituting the result of intellectual activity, the right to which belongs to the Administration, the User or other persons.
2. Subject of the Agreement
2.1. The Administration offers to use the Web site under the terms of the present Agreement. The User undertakes to use the Web site in strict accordance with the terms of the Agreement and addendums to it, whether existing or developed in the future.
Person, who disagrees with the terms of the Agreement, does not have the rights to use the Web site.
2.2. The right to use the Web site is given to the User on a free of charge basis, unless otherwise expressly provided by particular provision, rule or agreement (contract).
3. General provisions
3.1. The Administration provides access to the Web site through personal computer and various mobile devices of the User, whether existing or developed in the future.
3.2. The Web site may be changed, amended, updated, or may change form and character of functionality without prior notice of the User at any time; for which reason we offer to use it "as is", in accordance with the principle generally accepted in global practice, i.e. in that kind and volume, in which they are provided by the Administration at the moment of the Web site using by the User.
If necessary, the Administration has the right to block the access (temporarily or permanently) to the Web site to all Users or a particular User without prior notice at its own discretion. The Administration shall not be held liable, if the results of the Web site services use do not meet the User's expectations.
3.3. Taking into account the principles of reasonableness and good faith, the Administration believes that the User has all required rights to use the Web site.
, constitutes an integral part of the present Agreement, and its terms fully apply to the Web site.
3.6. This Agreement is an open and public document. The Agreement may be unilaterally changed and/or amended by the Administration without any special notice (consent) of the User. The current edition of the Agreement is available at the address: http://sinetspark.org/legalinfo
3.7. Amendments and additions shall come into effect on the day following to the publication of new edition of the Agreement on the Web site.
3.8. The Administration recommends to Users regularly check the terms of this Agreement for amendments and/or additions. If the User continues using the Web site after such amendments and/or additions are made in the Agreement, it will mean the User's acceptance and consent with such amendments and/or additions.
3.9. The User has the right to refuse the acceptance of the terms of the present Agreement, as well as its amendments and/or additions to it, which will be regarded as a refusal of the Web site use. In that case the User shall immediately stop using the Web site in any way.
3.10. All appeals, offers and claims of individuals and legal entities to the Administration concerning this Agreement and all issues on the Web site operation, violations of rights and interests of third parties during its use, as well as inquiries of authorized by the Russian Federation legislation officers should be sent to the postal address of "Sinet Spark" Charitable Foundation, specified in p. 10 of the Agreement.
4. Conditions of exclusive rights
4.1. Exclusive rights to the Content, posted on the Web site:
4.1.1. Except the cases provided herein and the current legislation of the Russian Federation, no Content can be copied (reproduced), processed, distributed, displayed on frame, published, downloaded, transferred, sold or otherwise used either whole or in pieces without prior consent of the copyright holder, except cases, when the copyright holder explicitly expressed his consent to the free use of the Content by any person.
4.1.2. Unless otherwise expressly stated in the present Agreement, nothing in this Agreement shall not be interpreted as the transfer of exclusive rights to the Content.
4.2. Web sites and Content of third parties:
4.2.1. The Web site contains (or may contain) links to other web sites in the Internet (sites of third parties), as well as articles, photographs, illustrations, graphic pictures, music, sounds, videos, information, applications, software and other Content, owned by or coming from third parties (third parties Content), which constitute the result of intellectual activity and protected according to the Russian Federation legislation.
4.2.2. The specified third parties and their Content are not checked by the Administration for compliance with particular requirements (legality, authenticity, completeness, fairness, etc.). The Administration shall not be held liable for any information, materials, posted on the web sites of third parties, which the User accesses via the Web site, including any opinions or statements, expressed on the web sites of third parties or in their Content, advertisements etc., as well as for accessibility of such sites or Content and consequences of their use.
4.2.3. If the User decides to leave the Web site and go to third party sites or use (install) third parties software, he does it at his own risks and from that moment this Agreement no longer applies to the User. For further actions, the User should be guided by applicable rules and policies, including business practice, of those persons, whose Content he is going to use.
5. Obligations and rights of the User
5.1. The User has the right:
5.1.1. To use the Web site and its services on terms, stipulated in the Agreement, as well as in other special documents (rules, instructions, agreements, contracts) of the Administration and Partners.
5.2. The User shall be obliged to:
5.2.1. Act strictly in accordance with the current legislation of the Russian Federation, this Agreement and other special documents, regulating the terms of the Web site use.
5.2.3. Regularly read the text of the User Agreement, as well as all other special documents of the Administration concerning the Web site.
6. Personal data processing
7. Liability limitations. Warranties
7.1. The User shall solely and fully be responsible for all actions, taken by him during the Web site use in accordance with the Russian Federation legislation.
7.2. Since the Web site is provided on "as is" principle, the Administration shall not be held liable for compliance of the Web site with the User's purposes. The User uses the Web site at his sole risk.
7.2. The Administration reserves the right to change the Web site design, its content and services at any time, change or amend the scripts used, software and other objects, used or stored on the Web site, any server applications at any time with or without prior notification. Thus, the Administration shall not be liable for any losses or lost profit of the User.
7.3. The Administration makes every effort to provide normal operation of the Web site; nevertheless, it shall not be liable for failure to perform or improper performance of obligations under the Agreement, as well as direct or indirect losses of the User, including lost profit and possible loss, incurred as the result of:
- illegal acts of the users in the Internet, intended to violation of cyber security and/or normal operation of the Web site;
- absence (failure, termination, etc.) of the Internet-connection between the User's and the Administration's servers;
- activities, carried out by government and municipal authorities, as well as other organizations, within criminal intelligence operations;
- establishment of government regulation (or regulation by other organizations) of commercial organizations economic activities in the Internet, and/or establishment of one-time restrictions by above-noted subjects, making the performance of the Agreement difficult or impossible;
- other cases, connected with actions (inactions) of the Internet users and/or other subjects, intended to worsening of the whole situation with the Internet use and/or computer hardware, that existed at the moment of the Agreement conclusion.
7.4. The Administration does not control legal capacity of the Users.
7.5. In all the circumstances the liability of the Administration to the User shall be limited to the amount of 1000 (one thousand) rubles. Whereas losses and lost profit shall not be refundable to the User.
8. Disputes and claims
8.1. All the disputes and disagreements arising from the performance of the Agreement shall be settled through negotiations. The parties establish obligatory out-of-court procedure.
8.2. The User and\or third parties, whose rights and legal interests were violated, shall send a claim to the Administration in written form by registered mail to the address: office 103, 203 microdistrict, building 28, Yakutsk, the Republic of Sakha (Yakutia), 677000. The Administration responds to the claim within 45 (forty-five) calendar days from the moment of the claim receipt.
8.3. If it is impossible to settle the disputes and disagreement through negotiations, the dispute shall be settled in accordance with the Russian Federation legislation in court at the location of the Administration.
9. Final provisions
9.1. This Agreement constitutes the contract between the User and the Administration regarding the use of the Web site and replaces all prior agreements between the User and the Administration.
9.2. This Agreement has no time limit.
9.3. In case if any provision of this Agreement is found to be invalid by operation of law or court decision, which has entered into legal force, it shall be deemed excluded from the Agreement, and other provisions of the Agreement shall remain in effect.
9.4. The Agreement shall be governed and construed in accordance with the Russian Federation legislation. All issues, not covered by the Agreement, shall be settled in accordance with the Russian Federation legislation.
9.5. Nothing in this Agreement shall be understood as the establishment of agency relationships, partnership, joint operations, employment or any other relationships between the User and the Administration, unless otherwise expressly provided by the Agreement.
9.6. Inaction on behalf of the Administration in the event of violation by any User of the provisions of the Agreement shall not deprive the Administration of the right to take later appropriate actions to protect its interests and copyright of protected under the applicable law materials of the Web site.
10. The Administration address
"Sinet Spark (Iskra)" Charitable Foundation for regional development, OGRN 1201400004453. Address: office 103, 203 microdistrict, building 28, Yakutsk, the Republic of Sakha (Yakutia), 677000. E-mail: email@example.com
Publication date: 02.07.2021