This End User License Agreement related to website “International Forum “The World of Business Associations” (www.npoforum.org), (hereinafter – the “Website”) is available to the Website users for information at the following URL: npoforum.org/terms-of-service.
This Agreement is a legally binding end user license agreement (hereinafter – the “Agreement”) entered into pursuant to articles 437 and 438 of the Civil Code of the Russian Federation between the website operator – the Association for International Cooperation of Non-profit Organizations registered in the Unified State Register of Legal Entities of the Russian Federation, OGRN 1157800004570 (hereinafter – the “Operator”) and any legal entity or natural person (hereafter – the “User”) registered on the Website or using the Website without registration.
This Agreement is entered into by the Parties subject to the following:
(A) The Operator is a non-profit organization founded in the form of an association under the laws of the Russian Federation for representation and protection of the common interests of its members related to their international non-profit activities in accordance with the current legislation of the Russian Federation and international law;
(B) The User is interested in gaining access to the information and services contained on the Website, registered on the Website or uses the restricted website version without registration.
The User must read and understand this Agreement before registration on the Website. Registration on the Website, as well as the use of the Website services without registration, when such use is allowed, constitutes full and unconditional consent with the terms of this Agreement pursuant to article 438 of the Civil Code of the Russian Federation.
(C) The terms below shall have the following meaning when used in the text of this Agreement:
Project – project “International Forum “THE WORLD OF BUSINESS ASSOCIATIONS” aimed at development of international cooperation between non-profit organizations uniting entrepreneurs, their members and partners from Russia and other countries of the world.
Potential project participant – a Russian or foreign legal entity, the information on which was collected from public sources and is available on the Website.
Active project participant – a Russian or foreign legal entity, which is registered, represented and carrying out its activities on the Project website through its representative, who has the relevant certificate of participation in the Project.
1.1. The Website is an Internet resource and represents the aggregate of information and computer software contained in the information and telecommunication system, which ensures interaction and development of international cooperation between business-oriented non-profit organizations, their members and partners from all over the world.
1.2. The subject-matter of this Agreement is provision of services by the Website Operator to the User involving the use of the Website and its services in accordance with the terms and conditions of this Agreement. The following services shall be provided to the User:
- granting access to the information available on the Website;
- placement and display on the Website of any materials, which constitute business information, including but not limited to texts, hyperlinks, images, audio- and video files, data and/or other information;
- exchange of electronic messages and files between the users within the Website via a built-in messenger;
- assistance in search and selection of business partners, in preparing and conducting negotiations, business meetings and other similar events;
- opportunity for placement of advertisements on the Website;
- provision of customer and technical support to the User in the event of any problems related to the use of the Website.
1.3. Provision of certain services may be governed by individual documents (agreements) placed in the relevant sections of the Website.
1.4. By registering the user account on the website and (or) by using the website, the user acknowledges the fact of entering into this Agreement and, as a consequence, the fact of acquiring the right to use the website as a collection of intellectual property items and information on a non-exclusive basis (non-exclusive license) under the terms of this Agreement. The terms of this Agreement are binding on the User subject to the following provisions.
Unconditional acceptance of the provisions of this Agreement shall be the User consent to its terms and conditions expressed by selection of “[Registration]” option on the screen of a personal computer (PC) or any other device, which displays the text of this Agreement or a link to its URL upon registration on the Website, as well as when using the Website and its certain services without registration.
1.5. The Parties agree that this Agreement shall be applied by the Parties to the extent it is not inconsistent with any other agreements (contracts) concluded between the Parties in relation to the use of the Website or its certain services, if such other agreements (contracts) are available.
- CONDITIONS AND ARRANGEMENTS FOR THE USE OF THE WEBSITE
2.1. The Website includes a database of legal entities containing at least the following information obtained from public sources:
- a) full and (or) abbreviated name of a legal entity placed on the website or any other information resource of the legal entity available on the Internet or in any other public sources, as well as the name of the legal entity in English and Russian languages, which may be either the original name or a semantic translation of the original name of the legal entity made by the Operator;
- b) information on location of the legal entity, in particular country, region, city, legal address;
- c) URL of the website or any other information resource of the legal entity available on the Internet (if any);
- d) the primary branch of activity of the members of the legal entity (for membership-based non-profit organizations) and the primary branch of activity of the legal entity (for profit making organizations) in accordance with the UN classification. For Potential project participants it is determined by the Operator, active project participants specify the primary branch of activity of its members at their own discretion.
2.2. Website pages marked “Potential project participant” contain information from public sources, which may be freely used (article 7 of the Federal Law “On Information, Information Technologies and Information Protection” dated July 27, 2006 No. 149-FZ, subclauses 10, 11 clause 1 article 6 of the Federal Law “Concerning Personal Data” dated July 27, 2006 No. 152-FZ).
2.3. Website pages marked “Active project participants” contain information placed by the User, liability for placement of such information shall be borne by the User (clauses 6.4 – 6.6 of the Agreement).
2.4. The Website is available for use to both registered and unregistered Users. Information on other users of the Website is available to registered users only.
2.5. For registration on the Website the User shall provide the Operator with the requested reliable and up-to-date information, including login and password, for access to the user account. Responsibility for reliability and relevance of the information provided, including freedom from third-party claims, shall be borne by the User. If such information changes after registration, the User shall update it as soon as possible.
After filling the registration form with the requested information the User shall for the purpose of registration on the Website pass the identification procedure by activating the user account on the Website through a message sent by the Operator to the User’s e-mail. Upon registration a natural person User or an authorized representative of a legal entity User shall grant the Operator a consent to process the personal data of the User (User’s representative), accept the terms and conditions of this Agreement and the Confidentiality policy placed at the following URL: http://npoforum.org/terms-of-service/.
2.6. The Operator shall be entitled to restrict access to the user account or to delete the user account, if there are any reasons to believe that the information provided by the User is unreliable.
2.7. Any data transferred by the User in the process of registration shall be used solely for fulfilment by the Operator of its obligations to the User and shall not be transferred to any third parties without the consent of the User, except as required by the applicable legislation of the Russian Federation.
2.8. The User shall use the Website only in accordance with the Agreement, other agreements (contracts) concluded between the Operator and the User, if any.
2.9. In order to improve the quality of the Website and the services provided, the Operator shall be entitled without prior notice to the User to change any characteristics, including the user interface appearance, form, access scheme.
- PERSONAL DATA
3.1. A natural person User shall, upon registration on the Website, including when acting in the name and on behalf of a legal entity User, give his freewill consent to collection, accumulation, storage, processing, verification, rectification, anonymization, destruction of his personal data at any stage of the use of the Website and the proposed services with or without the use of automation facilities in accordance with the Federal Law “Concerning Personal Data” No. 152-FZ dated 27.07.2006. The Operator shall collect, accumulate, store, process, verify, rectify, anonymize or destroy any personal data solely for fulfilment of its obligations to the User. Any data transferred by the natural person User in the process of registration shall be used solely for fulfilment by the Operator of its obligations under the Agreement and shall not be transferred to any third parties without the consent of the natural person User, except as required by the applicable legislation of the Russian Federation, and in cases of placement by the User on the Website of any data about himself (his organization) for public access. Such consent shall remain in force without limit of time from the date of registration on the Website. A natural person User may withdraw his consent to commitment of the above-mentioned acts at any time, ceasing for this purpose to use the Website.
3.2. The User acknowledges that after placement by him of his personal data on the Website the personal data shall acquire the legal status of “personal data made public by a personal data subject” (subclause 10 clause 1 article 6 of the Federal Law “Concerning Personal Data”).
- CONFIRMATION OF AUTHORITIES
4.1. Legal entity Users shall at the first request provide the Operator a confirmation of authorities of the natural persons, who use the Website in the name and on behalf of the legal entity User. In which case upon the User registration on the website a natural person, who registers on the website in the name and on behalf of the legal entity User, shall be deemed a duly authorized representative, in the name and on behalf of whom the user account was created, authorized among other things to conclude any contract and agreements, to make any transactions, unless the legal entity User expressly notifies the Operator to the contrary.
- EXCHANGE OF ELECTRONIC MESSAGES
5.1. By accepting the terms of this Agreement the User acknowledges that for recognizing electronic documents, which determine the relations between the Parties in the process of using the Website and the proposed services (including this Agreement), equivalent to paper documents signed by a handwritten signature according to the procedure established by the Federal Law dated 06.04.2011 No. 63-FZ “Concerning Electronic Signatures”, the Operator and the User shall use on the Website a simple electronic signature – login and password. The electronic signature shall be verified by comparison of data with the user account data, as well as by the User identification upon registration thereof on the Website according to the procedure established by this Agreement. Moreover, the Operator shall be also entitled to use equivalent handwritten signatures of authorized representatives and seal impressions with the use of mechanical copiers on any documents issued by the Operator to the attention of the User.
- RIGHTS AND OBLIGATIONS OF THE PARTIES. LIABILITY OF THE PARTIES
6.1. The User shall neither reproduce, distribute, otherwise use on a commercial basis the Website, any parts thereof or any information placed on it, nor transfer the rights to use or to access the Website.
6.2. The User shall not commit any acts, which prevent from proper operation of the Website or equipment connected with it, which may result in the Website failure, violation of rights of other users or third parties, as well as in violation of the terms of this Agreement.
6.3. No information may be placed on the Website, the distribution of which is statutorily prohibited or the access to which is statute-restricted (which discredits honor, dignity and business reputation of other persons, constitutes state, business or other legally protected secret, etc.).
The User shall not commit any acts directly or indirectly aimed at placement of the above-mentioned information on the Website.
6.4. The User shall be liable for his own acts (acts of its authorized representatives) when using the Website and the services, for any violation of this Agreement, as well as for all consequences of such acts and/or violations, including loss and damage inflicted to the Operator, as well as third party liability.
6.5. The User shall compensate for losses and hold the Operator, its subsidiaries, affiliates, managers, employees, agents and other partners harmless against any complaints or third party claims, including legal expenses incurred due to the use of the Website and the services by the User, logging onto the Website, non-compliance with the provisions of this Agreement or violation by the User of any third party rights.
6.6. Unless otherwise provided by law, the Operator shall not be liable for the User’s acts associated with violation of this Agreement and/or law violation, as well as for all consequences of such violations, including third party liability.
6.7. The User agrees to independently assess and bear all risks associated with the use of the Website, including the assessment of reliability, completeness and utility of the services provided, as well as any risks of impossibility of their further use or provision.
The Website and the services shall be provided as is. The Operator, its subsidiaries, affiliates or partners shall provide no warranties with regard to the Website and the services, shall not warrant among other things that the Website and the services will satisfy the requirements of the User, shall not warrant any continuous, safe, convenient use, shall not warrant that the Website will not be subject to any errors or failures, that any information obtained by using the Website and the services will be accurate, correct, reliable and up-to-date.
The Operator shall not warrant compatibility of the Website with any software, databases, equipment of the User.
The Operator shall not undertake an obligation for maintenance and technical support of the User.
The Operator, its subsidiaries, affiliates or partners shall not be liable to the User and/or any third parties for any loss or damage, including loss of profit, damage to reputation, any loss of data, due to:
- use or non-use of the Website and the services, including impossibility to use the Website and the services for any reason;
- any changes, which the Operator may introduce in the Website or the services, or in consequence of termination of services, including any particular service, any parts or functions thereof;
- technical error, failure, inaccessibility, wrong transfer, processing or preservation of information.
6.8. The Operator shall be entitled to update the Website in order to improve and increase the quality of the Website and the services. Updates may be provided among other things in the form of separate files, packages for automatic installation, as well as in the form of modules automatically downloaded from the Internet and installed. Updates may be provided without prior notice.
- SUSPENSION AND/OR DISCONTINUANCE OF THE WEBSITE USE.
7.1. The User shall be entitled at any time to suspend or discontinue the use of the Website by notifying the Operator, unless otherwise provided by separate agreements between the User and the Operator.
7.2. In the event that the User is engaged in any activity, which is incompatible with proper operation and use of the Website in accordance with the Agreement and (or) other agreements (contracts) concluded between the Operator and the User (if any), the Operator shall reserve the right to restrict access to or to delete the User account at any time without prior notice. Any obligations of the Operator arising from the subject-matter of this Agreement, directly or indirectly, shall be terminated after deletion of the user account by the Operator at its discretion due to violation by the User of this Agreement.
Moreover, the User agrees that the Operator may restrict or discontinue access to the Website or the services at any time without prior notice in the following circumstances:
- The Operator may not provide or must discontinue provision of the Website and the services to the User in accordance with legislation;
- The Operator has no technical or organizational capability for any further provision of the Website or the services.
7.3. The Operator shall not be liable to the User or any third parties for any temporary or full termination of access to the Website or the services in general or to any part thereof.
- INFORMATION CONFIDENTIALITY AND PROTECTION.
8.1. The algorithm of the Website operation, any source codes (including any parts thereof) shall be information constituting a trade secret of the Operator. In the event of gaining access to such information when using the Website, the User shall keep it confidential.
8.2. The User shall be liable for keeping confidential his/its logins and passwords to his/its user account used for accessing the Website or the services, and shall be liable to the Operator and third parties for any acts committed upon unauthorized access to the Website or the services with the use of the User’s login and password. Any acts committed on the Website with the use of the User’s login and password shall be deemed to be committed by the relevant User, unless the contrary is proved by the User.
The User shall immediately notify the Operator by e-mail of any unauthorized access to the User account, which became known to the User.
8.3. The Operator shall be entitled to verify, review, mark, select, change, prevent from placement or delete any information, including information, which violates legislation of the Russian Federation. Liability for any information, to which the User gains access by means of the Website or by using the Website or the services, shall be borne by a person, who placed such information. The Operator shall not warrant that when using the Website the User will not find any information, which he/it may estimate as illegal, violating ethical moral and other social norms.
The User shall be liable for any information created, transferred or published by the User, and for all consequences of such acts (including any possible loss or damage), in which case the Operator shall not be liable to the User and/or any third parties.
The Website users may place links to other information resources. As far as the Operator does not control such websites and resources, the User agrees that the Operator shall not be liable for performance of such resources, as well as for the content and other materials available on such resources.
8.4. By accepting the terms of this Agreement the User acknowledges that the Operator shall be entitled to send the User by e-mail any messages related to the use of the Website and the services. Such messages shall in no event contain a request for the User’s data for accessing the Website (login and password). In the event of receipt of any such request, the User shall immediately forward it to: email@example.com.
- INTELLECTUAL PROPERTY
9.1. The Website and any separate parts thereof, except as otherwise expressly declared by the Operator as the licensor, shall be a copyright item, the exclusive right to which belongs to the Operator. The exclusive right is protected by intellectual property legislation of the Russian Federation and norms of international law.
9.2. Any information in any presentation format placed and available to the User within the Website may be a result of intellectual activity or an intellectual property item and may be protected by law.
In which case any copying, reproduction, processing, distribution, publishing on the Internet, use in mass media of any intellectual property items available on the Website shall be prohibited without prior written consent of the Operator or any third parties (copyright holders), except as otherwise required by this Agreement and applicable law.
9.3. The Operator shall hold the exclusive right to the Website, however, some source code components, technologies, information and other data used upon the Website operation may be used by the Operator on the basis of license agreements with third parties.
9.4. The User shall not be entitled to use any intellectual property items (works, trademarks and service marks, company names, etc.) owned by the Operator or by any third parties, unless otherwise provided by separate agreements with holders of rights to such items.
- NON-EXCLUSIVE LICENSE
10.1. For the purposes of this Agreement the Operator shall grant the User a non-exclusive right to use the Website (its separate parts and information) by way of reproduction for purposes, which do not pursue income generation, but only for providing access to the Website services and their use as intended within the country of the User location.
10.2. The User shall not be entitled without prior written consent of the Operator:
- to copy and/or transfer to any media the Website (separate parts thereof), the relevant documentation, information, in full or in part, except for the purpose of the authorized use of the services;
- to change, disclose, remove or amend trade marks, marking or notices being part of the Website or the relevant documentation;
- to modify, supplement, decompile, reverse-engineer, decompose, translate, adjust, reorganize or introduce any other changes in the Website and the relevant documentation thereto;
- to use the Website, the relevant documentation for any purposes other than those ones stipulated by this Agreement, to use them among other things for provision of services to any third parties or to copy, provide, disclose or otherwise make them available to third parties;
- to encumber or otherwise assign the rights to the Website (its separate parts and information) to any third parties;
- to create other derivatives, which are similar in their implementation to the Website, the services, any parts thereof, for creation of a derivative or similar product, which is in unfair competition with the Website.
- MISCELLANEOUS PROVISIONS.
11.1. This Agreement shall apply among other things to updates, modifications, changes, supplements and any modules of the Website and the services.
11.2. The Agreement shall be valid during the entire period of use by the User of the Website and the services under the terms of the relevant agreement. The User’s obligations for non-disclosure of the Operator’s trade secret stipulated by this Agreement (including clauses “Information confidentiality and protection”, “Exclusive right”) shall remain in force for 10 (ten) years after the User ceases to use the Website.
11.3. This Agreement may be amended from time to time by the Operator without prior notice. The User shall be liable for verification of amendments to the Agreement permanently placed at npoforum.org/terms-of-service. Any amendments to this Agreement shall come into force after publication thereof. By using the Website and the services or any part thereof after the relevant amendments are introduced to the Website, the User shall automatically accept the terms of the Agreement subject to the amendments made.
11.4. If any particular provisions of this Agreement are held invalid in accordance with the current legislation of the Russian Federation, all other provisions shall remain in force.
11.5. If the Operator fails to exercise any rights, means of legal defense or remedies in accordance with the Agreement and/or by law, it shall not mean the waiver by the Operator from such rights, means of legal defense or remedies.
11.6. The terms and conditions of this Agreement shall be governed by legislation of the Russian Federation. All disputes and disagreements arising out of this Agreement shall be resolved through negotiation. If the Parties fail to resolve any dispute through negotiation, the dispute shall be submitted to the competent court at the Operator’s location, unless any other exclusive jurisdiction is stipulated by law.
Updated on September 28, 2018