User agreement
USER AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS WEBSITE. THE USE OF THE WEBSITE IS ALLOWED IF THESE CONDITIONS ARE OBSERVED. BY ACCEPTING THIS AGREEMENT, YOU UNDERTAKE TO COMPLY WITH THE AGREEMENT SET OUT BELOW.
1. GENERAL PROVISIONS
1.1. User agreement (hereinafter referred to as the Agreement/this Agreement) is addressed to VMP Research and Production Holding, INN 6661013754, OGRN 1026605245204, legal address: Sverdlovsk region, Yekaterinburg, Amundsena st., 105, hereinafter referred to as the “Website administration”, to any person using this website posted on the Internet at: vmp-holding.ru (hereinafter referred to as the Website), hereinafter referred to as the “User”, with an offer to conclude an agreement on the terms set out below.
1.2. According to clause 2 of Article 437 of the Civil Code of the Russian Federation this Agreement is regarded as an offer (public offer). According to article 438 of the Civil Code of the Russian Federation, acceptance of the terms of this Agreement is considered committing of acts set out herein. The Agreement concluded by accepting this offer does not require bilateral signing and is valid in electronic form.
1.3 The user is not entitled to conclude this Agreement if he has not reached the age sufficient for its conclusion according to the current legislation.
2. TERMS AND DEFINITIONS
2.1. Terms given in this section and used herein will have the following meaning unless otherwise stated:
2.1.1. Website administration – VMP Research and Production Holding, INN 6661013754, OGRN 1026605245204, legal address: Sverdlovsk region, Yekaterinburg, Amundsena st., 105, having all the rights in relation to the Website,
2.1.2. Website – a set of programs for electronic data processing machines and other information contained in the information system the access to which is provided by information and telecommunication Internet network and located at: vmp-holding.ru.
2.1.3. Offer – an offer to any person to conclude an agreement under the conditions comprehensively set out herein.
2.1.4. Acceptance – a full and unconditional agreement of the person to conclude the agreement under the conditions set out herein. For the purpose of this Agreement, acceptance is the moment from which the User actually started using the Website.
2.1.5. Content – any text, graphic, audio-, video- and other materials posted on the Website.
3. SUBJECT OF THE AGREEMENT
3.1. Administration of the Website grants the user a simple (non-exclusive) license for the use of the Website and content posted on it under the conditions set out herein.
3.2. Administration of the Website confirms that it has all the exclusive rights in relation to the website.
3.3. The user confirms that by making the acceptance that he has become acquainted with the terms of this Agreement and understands them.
3.4. Text of this Agreement is posted on the Website. Administration of the Website has the right to change this Agreement at any moment. The conditions hereof cannot be changed except by publishing the amended document on the Website.
4. RIGHTS AND OBLIGATIONS
4.1 The user has the right to:
4.1.1. Have around-the-clock access to the Website except for the time of preventive maintenance.
4.1.2. Use Website to the extent, specified herein.
4.2. The User undertakes to:
4.2.1. Follow the conditions hereof.
4.2.2. Not distribute any malicious software that damages, interferes with, intercepts, expropriates or otherwise violates the integrity of software and hardware systems related to this Website, as well as personal information of other Users.
4.2.3. Not copy, reproduce, republish the Website content or make transactions with it, use the Website to participate in activities similar to those of the Website Administration.
4.2.4. Perform other obligations stipulated by this Agreement, as well as comply with all applicable laws and legal regulatory acts when using the Website.
4.3. The Website Administration has the right to:
4.3.1. Place limitations on the use of the Website for certain categories of Users which depends, particularly, on the User’s location and language in which the Website is provided.
4.3.2. Terminate this Agreement with the User and refuse to fulfill it, if the User fails to comply with the terms hereof.
4.3.3. Text of this Agreement can be amended at any moment unilaterally.
4.4. The Website Administration undertakes to:
4.4.1. Provide around-the-clock access to the Website except for the time of preventive maintenance.
4.4.2. Do not perform actions that can lead to the inability to use the Website by the User,
5. WEBSITE USE CONDITIONS
5.1. The Website Administration grants the User a worldwide, free, non-exclusive, limited and non-assignable license for the use of the Website under the conditions specified herein.
5.2. The Website Administration gives the User the right to use the Website exclusively for the purposes that do not contradict the current legislation. Unless otherwise specified hereby, the User does not have the right to: collect, copy, distribute, demonstrate, modify any part of the Website, use automatic devices, programs, algorithms performing functions in the field of accessing or copying any part of the Website, download any part of the Website except for brief loading (caching) for the Website use purposes.
5.3. Upon termination of this Agreement, all licenses and rights to use this Website expire. Termination of this Agreement does not affect the User’s obligations imposed by the terms hereof to the Website Administration should be maintained within reasonable limits after the termination.
6. RESPONSIBILITY
6.1. The Website administration makes every possible effort to ensure the Website serviceability, however, it does not guarantee its constant availability, uninterrupted and timely provision, safety, accuracy, absence of errors in the Website operation. The only available option for the User in connection with the above problems is to stop using the Website immediately.
6.2 Use of the Website is provided to the User “as is” and is carried out at his own risk and without any warranties from the Website Administration, whether express or implied, including but not limited to warranties or conditions of quality provision, operating characteristics, merchantability or Website suitability for use for other purposes. The Website Administration is not responsible for guilty non-fulfillment or improper fulfillment of their obligations.
6.3. The Website Administration bears no liability, whether contractual liability or responsibility for causing harm, regardless of whether the Website Administration was informed of the possibility of these violations or damage related to or arising from the use of the Website by the User including but not limited to the damage caused by:
6.1.3. Uploading by the user or otherwise receiving data from the Website. No recommendations received by the User in oral or written form from the Website Administration shall create any warranties;
6.3.2. The Website Administration conducts preventive maintenance on the Website while simultaneously terminating its use by the User;
6.3.3. Occurrence of circumstances stipulated by section 7 of this Agreement;
6.3.4. Actions (omissions) of other Users.
6.4. The user is responsible for non-fulfillment or improper fulfillment of his obligations. If any person files a claim against the Website Administration which is the result of a violation by the User of this Agreement and (or) the rights of such person including the violation of exclusive rights, the User is obliged to join the litigation as a third party, provide appropriate reparation and secure the Website Administration against reparation of damage to such third party.
7. FORCE MAJEURE
7.1. If the Website Administration is unable to provide the use of the Website due to force majeure, according to the terms of this Agreement, it should not be considered as a violation by the Website Administration of obligations to the User.
7.2. The force majeure circumstances that directly or indirectly affect the Website’s Administration execution of the Agreement include natural disasters, effect of forces and causes beyond our reasonable control, including but not limited to: shutdown of the Internet, computers, telecommunications or any other equipment failures, power outage or non-fulfillment of obligations by third parties.
8. CLAIMS AND NOTIFICATIONS
8.1. In case of disputes between the Website Administration and the User arising herefrom, complaint procedure for their settlement is mandatory.
8.2. The user has the right to send a written valid claim to the Website Administration if he thinks that the Website Administration violates the terms and conditions hereof. Claims that do not allow the User to be identified will not be reviewed by the Website Administration,
8.3. The Website Administration has the right to send a written valid claim to the User that in the Website Administration’s opinion violates the terms and conditions hereof.
8.4. The deadline for reviewing the claim is 30 (thirty) calendar days from the date of its receipt by the addressee.
8.5. In case of failure to resolve the dispute arising herefrom according to the complaint procedure, the dispute is subject to judicial review according to the Website Administration location.
9. CONFIDENTIALITY AND SAFETY
9.1. The Website Administration is responsible for the maintaining privacy of personal life and confidential information. The Website Administration stores and processes information provided by the User in strict accordance with the Privacy policy published on the Website according to the requirements of the Federal Law “On Personal Data” of July 27, 2006, No. 152-FZ.
10. NEWSLETTER
10.1 The Website Administration respects the right of each User to receive only such informational messages to which he has given his consent. When sending such informational messages, the Website Administration follows this User Agreement published on the Website.
10.2. The Website Administration sends informational messages only on a voluntary basis and also makes every effort to ensure that the interaction between the User and the Website is as convenient and trusting as possible.
10.3. The Website Administration treats the problem of unrequested mass advertising messages (hereinafter referred to as Spam) with great attention. With the growing number of mobile phones and smartphones, Spam began to cause significant harm to the entire community of Internet users. For this reason, the Website Administration is making every effort to combat Spam. For this reason, the Website Administration adopted the following measures to combat Spam:
10.3.1. Providing the User with an opportunity to unsubscribe from informational messages from the Website Administration.
11. FINAL PROVISIONS
11.1. This Agreement between the Website Administration and the User comprehensively regulates the use of the Website by the User including all functions and services of the Website, replacing all previous written or oral agreements in terms of this document’s contents. Due to the free-of-charge nature of actions on the Website use, the RF Law No. 2300-I “On Protection of Consumer Rights” dated February 7, 1992, does not apply to relations between the Website Administration and the User.
11.2. Considering the principle of equality and independence of the parties, no employment, labor, agency, partnership relations other than those related to the use of the Website between the Website Administration and the User can be established by this Agreement. The listed relations, as well as any other relations, are established by separate Agreements between the Website Administration and the User.
11.3. If any provision of the Agreement or its part will be considered void by any judicial or administrative authority with an appropriate jurisdiction, such provision or its part should be removed from this Agreement without any damage to the validity, effectiveness, enforceability of the remaining provisions hereof.
11.4. Omission or delay during the implementation by the Website Administration of its legitimate rights or claims for damages stipulated hereby does not mean that the Website Administration abandons its legitimate rights.
11.5. The Website Administration reserves the right to amend this Agreement. Changes come into force from the moment of Publication on the Website. The User hereby acknowledges and accepts that the use of the Website after amending this Agreement automatically means the User’s consent to these changes.
11.6. This Agreement is governed by the law of the Russian Federation.
11.7. This Agreement is made in Russian.