Website en.phystech.international Use Terms and Conditions
Welcome to en.phystech.international, a social network for prospective students. The en.phystech.international website (hereinafter, the “Website”) is an online project bringing together high school students.
Website Administration is offering you Website services subject to the terms stipulated in these en.phystech.international Website Use Terms and Conditions. Due to this, you need to take a close look at these Terms and Conditions, considered by the Website Administration to constitute a public offer under Article 437 of the Russian Civil Code.
1. Status of en.phystech.international Website Use Terms and Conditions
■ 1.1. These Website Use Terms and Conditions (referred to as the “Terms” above and below) were developed by the Website Administration and provide the terms of the Website use and development, and the rights and obligations of its Users and Administration. The Terms also apply to the relations having to do with the rights and interests of third parties who are not Website Users, but may be affected by the Website Users’ actions.
■ 1.2. These Terms constitute a legally binding agreement between the User and the Website Administration, the subject of which is the provision by the Website Administration of services to the User regarding the use of the Website and its Services (hereinafter, the “Services”). Besides these Terms, the agreement between the User and the Website Administration embraces all special documents governing the provision of individual Website services and posted online in respective Website sections.
■ 1.3. The User must be fully aware of these Terms before registering on the Website. The User’s registration on the Website means complete and unconditional acceptance by the User of these Terms under Article 438 of the Russian Civil Code.
■ 1.4. These Terms may be unilaterally amended and/or supplemented by the Website Administration without any special notice. These Terms are an open and publicly accessible document. The currently effective version of the Terms is available online at: http://en.phystech.international/help/terms. Website Administration recommends that the Users should regularly check the Terms to see if they have been amended and/or supplemented. Continuation by the User to use the Website after these Terms have been amended and/or supplemented means acceptance and consent to such amendments and/or supplements.
2. Status of the en.phystech.international Website
■ 2.1. The en.phystech.international Website is an online resource and constitutes a totality of information and computer software contained in an information system ensuring that such information is accessible online at http://en.phystech.international.
■ 2.2. All rights to the Website on the whole and to the usage of the network address (domain name) http://en.phystech.international are reserved by the Website Administration. The latter shall provide access to the Website to all interested parties as per these Terms and the effective laws of the Russian Federation.
■ 2.3. These Terms provide for the conditions, subject to which the rights of using the information and intellectual property (including, without limitation, literary, musical, audiovisual works and sound recordings, graphics and designs, photographic works and software) included in individual Website sections may belong to Website Users and other parties who have created and/or posted such works to the Website without direct involvement of the Website Administration.
3. en.phystech.international Website Administration
■ 3.1. en.phystech.international Website Administration (referred to as the “Website Administration” and “Administration” above and below) means in these Terms and other special documents posted to the Website the Phystech Center subdivision of the Moscow Institute of Physics and Technology located at: 9 Institutskiy Pereulok, Lecture Hall 603 of the Auditorium Building, Dolgoprudny, Moscow Region, 141700.
■ 3.2. Requests, offers and claims related to these Terms and all matters pertaining to the Website operation, infringement of third-party rights and interests when using the Website, may be submitted by individuals and legal entities to the Website Administration using the email address of the Phystech Center given in Clause 3.1. of these Terms, and this same email address may be used for the queries of the parties authorized under the laws of the Russian Federation.
■ 3.3. As regards the Website operation and development, the Administration shall be governed by the laws of the Russian Federation, these Terms and other special documents as have been developed or may be developed and accepted by the Website Administration in order to regulate the provision of certain Website Services to Users.
■ 3.4. No provision of these Terms grants the User the right to use the commercial name, trademarks, domain names or other distinguishing marks of the Website Administration. The right to use the commercial name, trademarks, domain name and other distinguishing marks of the Website Administration may only be provided subject to written agreement with the Website Administration.
4. Registration on the en.phystech.international Website and User’s Status
■ 4.1. User Registration on the Website shall be free, voluntary and shall take place online at: http://en.phystech.international/signup.
■ 4.2. Website User shall be an individual registered on the Website following the procedure provided for in these Terms, having reached a permissible age under the laws of the Russian Federation for the acceptance of these Terms, and having respective powers (hereinafter, the “User”).
■ 4.3. When registering on the Website, the User shall provide to the Website Administration the required reliable and up-to-date information for generating the User’s personal page, including a login (email address or a combination of Latin letters and numbers for entry to the Website) and a password for accessing the Website, unique for each User, and the User’s first and last name. The Website registration form may request the User to provide further information.
■ 4.4. The User shall be liable for reliability, relevance, completeness and legislative conformance of the information provided during registration, and for such information being free of other parties’ claims.
■ 4.5. After the provision of information specified in Clause 4.3 of these Terms, the User shall pass a number of verification procedures, and specifically, confirm his/her registration by activating his/her personal page via a message sent by the Website Administration to the User’s email address. If all consecutive registration steps have been completed correctly, the User’s personal page is created on the Website, with a network address of the http://en.phystech.international/profile/ type. Each User may only register one personal page on the Website.
■ 4.6. During registration, the User shall agree to these Terms and assume the rights and obligations specified in these Terms, related to the use and operation of the Website.
■ 4.7. After the User has successfully registered on the Website, the Administration shall assume the rights and obligations as regards the User specified in these Terms.
■ 4.8. The User’s personal data shall be processed as per the laws of the Russian Federation. Website Administration processes the User’s data for the provision of services to the User, including, for verification, study and analysis of such data that allows maintaining and improving the Website services and sections, and developing new services and sections of the Website. Website Administration shall take all measures as may be required to protect the User’s personal data from unauthorized access, modification, disclosure or destruction. Administration shall only provide access to the User’s personal data to the employees, contractors and agents of the Administration who need such information in order to secure the Website operation and provision of Services to the User. Website Administration may use the information provided by the User, including personal data, with a view to secure compliance with the requirements of the effective laws of the Russian Federation (including in order to prevent and/or preclude illegal and/or unauthorized actions of Users). Information provided by the User may only be disclosed under the effective laws of the Russian Federation as requested by the court, law enforcement authorities, and in the instances provided for by the laws of the Russian Federation. As the Website Administration processes the User’s personal data in order to perform the Services Agreement entered into between the Website Administration and the User, the User’s consent to his/her personal data processing is not required.
■ 4.9. Login and password selected by the User constitute the required and sufficient information for enabling the User’s access to the Website.
The User may not make his/her login and password available to any third parties, and shall be fully liable for their safekeeping, choosing on his/her own a means of their storage. The User may allow the storage of login and password (using cookies) by the device/software he/she uses for subsequent automatic authorization on the Website.
■ 4.10. Unless the User has proven otherwise, any actions taken using his/her login and password shall be deemed to have been taken by the User. In case of unauthorized access to the login and password and/or personal page of the User, or circulating login and password, the User shall forthwith report such occurrence to the Website Administration following an established procedure.
■ 4.11. After the registration, the User becomes entitled to create, use and determine (for the User’s own personal noncommercial purposes) the content of his/her personal page and the terms of access to its content for other Users, and will be able to access and post information to personal pages of other Users (subject to being provided respective access rights by their owners).
■ 4.12. The User, being the owner of information posted at his/her own personal page, realizes that except for the instances provided in these Terms and by the effective laws of the Russian Federation, the Website Administration does not take part in the generation and use of the content, or control of other user’s access to the User’s personal page.
■ 4.13. As regards his/her personal information, the User is entitled to delete on his own the information previously posted on the Website by the User.
5. Obligations of en.phystech.international User
■ 5.1. When using the Website Services, the User shall:
■ act in compliance with the provisions of the effective laws of the Russian Federation, these Terms and other special documents of the Website Administration;
■ provide during registration reliable, complete and up-to-date information and make sure it is updated as necessary;
■ inform the Website Administration of any unauthorized access to the User’s personal page and/or unauthorized access and/or use of the User’s login and password;
■ avoid providing to other Users access to the User’s own personal page or to certain information contained there if this may result in a violation of the laws of the Russian Federation and/or these Terms, special documents of the Website Administration;
■ avoid posting to his/her personal page information and items (including links thereto) that may violate the rights and interests of other persons;
■ prior to posting information and items (including, without limitation, images of other persons, various texts belonging to other persons) assess the legality of such posting;
■ maintain confidential and not provide to other Users and third parties personal data (including, without limitation, home addresses, telephone numbers, email addresses, ICQ, passport details, banking details) and information relating to private life of other Users and third parties that has become known to the User from communications with other Users and other use of the Website, without having obtained respective prior consent of such other Users;
■ back up information contained in the User’s personal page that is important to the User.
■ 5.2. Should the User have doubts as regards the legality of taking certain actions, including the actions related to posting information or providing access, the Website Administration recommends that the User shall refrain from taking such actions.
■ 5.3. When using the Website, the User may not:
■ 5.3.1. register as a User on behalf or instead of another person (“fake account”) or register a group (association) of persons or a legal entity as the User, while it is possible to register on behalf of/as commissioned by another individual or legal entity, subject to having obtained the requisite powers following a procedure and in a form as provided by the laws of the Russian Federation;
■ 5.3.2. mislead other Users as to his/her identity, using the password and login of another registered User;
■ 5.3.3. provide distorted information about himself/herself, age and relations with other persons or organizations;
■ 5.3.4. upload, store, publish, circulate and provide access to, or otherwise use any information that:
■ contains threats, discredits, insults, undermines honor, dignity or business reputation or violates the integrity of other Users or third parties;
■ violates the rights of minors;
■ is vulgar or obscene, contains explicit language, pornographic images and texts, or sexual scenes;
■ contains scenes of violence or inhumane treatment of animals;
■ contains a description of means and ways of committing suicide, or any incitement to suicide;
■ promotes and/or contributes to the incitement of racial, religious, ethnic hatred or enmity, propagates fascism or ideology of racial supremacy;
■ contains extremist materials;
■ promotes criminal activities or provides advice, instructions or guidelines for engaging in criminal activities;
■ contains restricted information, including, without limitation, state and commercial secret, information pertaining to private life of third parties;
■ advertises or describes the attractiveness of using narcotic substances, including “digital drugs” (digital files influencing human brain with binaural beats), contains drug dealing information, recipes for the making of and advice on taking drugs;
■ is of a fraudulent nature;
■ and violates other rights and interests of individuals and legal entities, or the laws of the Russian Federation;
■ 5.3.5. illegally upload, store, publish, circulate, provide access to or use in any other way intellectual property of the Users and third parties;
■ 5.3.6. send mass messages without consent of the Website Users;
■ 5.3.7. use the software and take actions aimed to disrupt normal operation of the Website and its services or the Users’ personal pages;
■ 5.3.8. upload, publish, circulate, provide access to or otherwise use viruses, Trojans and other malware;
■ 5.3.9. use without specific authorization of the Website Administration automated scripts (programs) to collect information on the Website and/or for interaction with the Website and its services;
■ 5.3.10. try to obtain access to login and password of another User using any means, including (without limitation) deceit, abuse of trust and hacking;
■ 5.3.11. illegally collect and process personal data of other persons;
■ 5.3.12. gain (seek to gain) access to any Services other than through the interface provided by the Website Administration, except when such actions were expressly permitted to the User under an individual agreement entered into with the Administration;
■ 5.3.13. reproduce, duplicate, copy, sell, trade in and resell the Services for any purposes, except when such actions were expressly permitted to the User under an individual agreement entered into with the Administration;
■ 5.3.14. post any other information that, according to a personal opinion of the Administration, does not comply with the Website creation purposes, prejudices the interests of the Users, or is undesirable for posting on the Website for any other reason.
■ 5.4. The User shall be personally liable for any information he/she posts to the Website, makes available to other Users, and for any interactions with other Users performed at the User’s own risk.
■ 5.5. Should the User disagree with these Terms and their updates, the User shall refrain from using the Website, having informed the Website Administration accordingly following an established procedure.
6. Terms Regarding Intellectual Property Rights
■ 6.1. Exclusive Rights to the Content Posted to the Website.
■ 6.1.1. All items posted to the Website, including elements of design, text, graphic images, illustrations, scripts, programs and other items and selections of items (hereinafter, the “Content”) are subject to exclusive rights of the Administration, Website Users and other right holders, and all rights to such items are reserved.
■ 6.1.2. Except as stipulated by these Terms and by the effective laws of the Russian Federation, no Content may be copied (reproduced), processed, circulated, framed, published, downloaded, transmitted, sold or otherwise used, wholly or in part, without prior permission of the right holder, except when the right holder has expressly given their consent to free use of the Content by any person.
■ 6.1.3. The User posting to the Website the Content he/she legally owns, provides to other users a nonexclusive right to use such Content by viewing, reproduction (including copying), processing (including printing out copies), and other rights of usage for personal noncommercial purposes only, other than when such usage harms or may harm the interests of the right holder protected by law.
■ 6.1.4. Usage by the User of the Content, accessed for personal noncommercial purposes only, is permitted subject to maintaining all authorship marks (copyrights) or other authorship notices.
■ 6.1.5. Apart from the User’s own Content, the User may not upload or otherwise make available to general public (post to the Website) the Content of other websites, databases and other intellectual property in the absence of right holder’s express consent to such actions.
■ 6.1.6. Any use of the Website or Content without prior written consent of the right holder, other than as permitted in these Terms or in case of express consent of the right holder to such usage, is strictly prohibited.
■ 6.1.7. Unless these Terms expressly provide otherwise, nothing contained in these Terms may be regarded as the transfer of exclusive rights to the Content.
■ 6.2. Liability for Infringement of Exclusive Rights.
■ 6.2.1. The User shall be personally liable for any Content or other information uploaded or otherwise made available to general public (published) on the Website or using the Website. The User may not upload, transmit or publish Content on the Website, if he/she holds no respective rights for taking such actions, acquired or delivered to the User under the laws of the Russian Federation.
■ 6.2.2. The Website Administration may, but is not obliged to, check the Website for prohibited Content, and may delete or remove (without a warning) any Content or users at its personal discretion, for any reason or without a reason, including, without limitation, transfer or deletion of Content, that, according to a personal opinion of the Administration, is violating these Terms, the laws of the Russian Federation, and/or may violate the rights, cause harm or threaten the safety of other Users or third parties.
■ 6.2.3. By posting his/her Content to the Website, the User authorizes the Administration to make copies of his/her Content so as to arrange it in order and facilitate the posting and storage of User-generated Content on the Website.
■ 6.2.4. By posting his/her Content to any part of the Website, the User automatically provides to the Administration free of charge a nonexclusive right to use it by copying, playing in public, reproduction, processing, translation and circulation for the purposes of the Website or in relation to such purposes, including for the Website promotion. For such above-mentioned purposes, the Administration may produce derivative works or insert the User’s Content as a component into respective collections, and take other actions to reach the above-stated objectives.
■ 6.2.5. If the User removes his/her Content from the Website, the rights referred to in Clauses 6.2.3-6.2.4 of these Terms will be automatically revoked, however, the Administration may store archive copies of the User’s Content for an indefinite term.
■ 6.3. Third-Party Websites and Content.
■ 6.3.1. The Website contains (or may contain) links to other Websites (third-party websites) and articles, photographs, illustrations, graphics, information and other Content belonging to or generated by third parties (Third-Party Content), and such items constitute intellectual property and are protected under the laws of the Russian Federation.
■ 6.3.2. Such third parties and their Content are not checked by the Administration for compliance with any requirements (reliability, completeness, fairness, etc). The Administration shall not be liable for any information posted to third-party websites, which the User may access through the Website or Third-Party Content, including, inter alia, any opinions or statements expressed on third-party websites or in their Content.
7. Operation of the en.phystech.international Website and Usage Liability
■ 7.1. The Users shall be liable for their own actions related to generation and posting of information to their own personal pages on the Website, and for posting information to personal pages of other users and in other Website sections under the effective laws of the Russian Federation. Violation of these Terms and the effective laws of the Russian Federation is subject to civil, administrative and criminal liability.
■ 7.2. The Website Administration shall ensure technological usability of the Website by Users, shall not take part in generating the content of the Users’ personal pages, nor shall control or be liable for actions or omissions by any parties as regards the Website usage, or for generation and use of the content of the Users’ personal pages on the Website.
■ 7.3. The Website information system and its software have no embedded technical solutions for performing automatic censorship and control of the Users’ actions and information relations associated with the Website usage.
■ 7.4. The Administration reserves the right to change at any time the Website design, its contents, list of services, modify or supplement the scripts used, software and other items used or stored on the Website, and any server applications, with or without prior notice.
■ 7.5. The Website Administration does not premoderate or censor the Users’ information and will only take action aimed to ensure compliance with the laws of the Russian Federation after an interested party has contacted the Website Administration following an established procedure.
■ 7.6. The Website Administration shall not be liable for violation by the User of these Terms and reserves the right to modify (moderate) or remove, at its own discretion or upon receiving from other users or third parties a report that the User has violated these Terms, any information posted by the User violating the prohibitions imposed by these Terms (including direct messages), suspend, restrict or terminate the User’s access to any or all Website sections or services at any time for any reason or without giving a reason, with or without prior notice, without being responsible for any harm that may be caused to you by such actions. The Website Administration reserves the right to remove the User’s personal page and/or suspend, restrict or terminate the User’s access to any of the Website services, if the Administration finds that in its opinion, the User poses a threat to the Website and/or its Users. The Website Administration shall not be liable for temporary information blocking or removal as per these Terms, or for deletion of a personal page (termination of registration) of the User.
■ 7.7. Deletion of the User’s personal page means automatic deletion of all information posted to this page, and of all User’s information entered during registration on the Website. After the deletion of his/her personal page, the User shall lose his/her rights to access the Website.
■ 7.8. The Website Administration shall ensure the Website operation and operability, and shall promptly restore its operability in case of any technical disruptions and outage. The Website Administration shall not be liable for temporary disruptions and outage of the Website and information loss caused by such disruption/outage.
■ 7.9. The Website Administration has a right to dispose of the statistical data related to the Website operation and the Users’ data. The Website Administration is technologically able to access users’ personal pages in order to organize the Website operation and technical support and ensure compliance with these Terms, and it only uses this ability in the instances provided for in these Terms.
■ 7.10. The Website Administration may send to the User updates regarding the development of the Website and its services, and advertise its operations and services.
■ 7.11. Limitation of liability of the Website Administration:
■ THE WEBSITE AND ITS SERVICES, INCLUDING ALL SCRIPTS, APPLICATIONS, CONTENT AND DESIGN, ARE PROVIDED ON AN “AS IS” BASIS. THE ADMINISTRATION SPECIFICALLY STATES THAT IT PROVIDES NO GUARANTEES THAT THE WEBSITE AND ITS SERVICES MAY BE FIT OR UNFIT FOR ANY PARTICULAR USAGE.
■ UNDER NO CIRCUMSTANCES WILL THE WEBSITE ADMINISTRATION OR ITS REPRESENTATIVES BE LIABLE TO THE USER OR ANY THIRD PARTIES FOR ANY CONSEQUENTIAL, INCIDENTAL OR ACCIDENTAL DAMAGE, INCLUDING LOSS OF PROFIT OR LOST DATA, HARM CAUSED TO HONOR, DIGNITY OR BUSINESS REPUTATION RELATED TO USAGE OF THE WEBSITE CONTENT OR OTHER MATERIALS THAT YOU OR ANY OTHER PARTIES MAY HAVE ACCESSED VIA THE WEBSITE, EVEN THOUGH THE WEBSITE ADMINISTRATION WARNED OR POINTED TO THE POSSIBILITY THAT SUCH HARM COULD BE CAUSED.
■ 8.1. These Terms constitute the agreement between the User and the Website Administration regarding the procedure for using the Website and its services, and shall supersede all previous agreements between the User and the Administration;
■ 8.2. These Terms shall be governed by and interpreted in accordance with the laws of the Russian Federation. The matters not governed by the Terms shall be resolved under the laws of the Russian Federation.
■ 8.3. In the event of occurrence of any disputes or differences related to observance of these Terms, the User and the Website Administration shall use their best efforts to resolve them by negotiation. If such disputes have not been resolved by negotiation, the disputes shall be resolved following a procedure provided by the effective laws of the Russian Federation.
■ 8.4. These Terms shall enter into force as regards the User from the moment the User accedes to the Terms, and shall remain in effect for an indefinite term.
■ 8.5. These Terms were made in the Russian language.
■ 8.6. If for a certain reason, one or several provisions of these Terms are held to be invalid or null and void, this will not affect the validity or applicability of the other provisions.