This User Agreement (hereinafter referred to as the “Agreement”) for the use of the Internet-site located at the following address: https://ayarkut.com/en
(hereinafter referred to as the "Website") is a legally binding agreement that defines the rights and obligations between the Administration and the User. The provisions of this Agreement also apply to actions related to the rights and interests of third parties whose rights and interests may be affected due to the actions of Users.
This Agreement is addressed to an indefinite circle of persons and is a public offer in accordance with the Civil Code (p. 2 art. 437) of the Russian Federation.
This document is concluded by the acceptance of this Agreement containing all the essential terms of the Agreement, without signing by the parties. This Agreement has legal force in accordance with the provisions of the current Civil Code of the Russian Federation and is equivalent to an agreement drawn up in writing and signed by the Parties.
Before using the Website, the User is obliged to read this Agreement at https://ayarkut.com/soglashenie/en
The User's actions aimed at using the Website (viewing, searching for information, registering, sending an application for participation in contests announced by the Administration, sending amounts donations for the statutory activities of the Administration, etc.) and other actions to use the functionality of the Website mean the User’s unconditional acceptance of this User Agreement in accordance with Article 438 of the Civil Code of the Russian Federation.
Acceptance of the Offer means the unconditional acceptance of all its terms without any exceptions and/or limitations on the conditions of accession.
The activity of the Website extends to the territory of the Russian Federation, and this Offer applies exclusively to the territory of the Russian Federation.
1. Terms and definitions
The following terms and definitions are used in this User Agreement:
A) Administration - Sinet Spark Charitable Foundation for Regional Development, PSRN 1201400004453.
B) Website https://ayarkut.com/en
- a set of intellectual property objects (programs for electronic computers, databases, hypertext documents, graphic design of the interface, design elements, images, etc.) and other information contained in the information a system, access to which is provided through the Internet information and telecommunication network by domain names and/or by network addresses that allow identifying sites on the Internet.
C) Domain name - a certain sequence of characters denoting the name of the Website, and intended for addressing sites on the Internet in order to provide access to information posted on sites. The domain name is the object of individualization of the Website.
D) User - an individual registered on the Website in accordance with the procedure established by these rules, who has reached the age allowed in accordance with the legislation of the Russian Federation to accept these Rules, and has the appropriate authority, including a representative of an organization that has accepted this Agreement.
E) User Agreement - the text of this Agreement containing all the necessary and essential terms of the Agreement on granting the right to use the Website. An integral part of this Agreement are also all applications and rules specified in this Agreement and/or directly named as annexes to this Agreement.
E) Content - design elements posted on the Website, illustrations, graphics, photographs, scripts, texts, videos, music, sounds and other objects that are the result of intellectual activity or not, the rights to which belong to the Administration, the User or other persons.
2. Subject of the Agreement
2.1. Under the terms of this Agreement, the Administration offers to use the Website. The User undertakes to use the Website in strict accordance with the terms of this Agreement and its annexes, both existing and developed in the future.
Any person who does not agree with the terms of this Agreement is not entitled to use the Website.
2.2. The right to use the Website is granted to the User free of charge, unless otherwise and expressly agreed in a provision of this Agreement.
3. General provisions
3.1. The Administration provides access to the Website through a personal computer and various mobile devices of the User, both currently existing and developed in the future.
3.2. The Website can be changed, supplemented, updated at any time without prior notice to the User, and therefore their use is offered "as is", in accordance with the principle generally accepted in international practice, i.e. in the form and scope in which they are provided by the Administration at the time the User accesses the Website.
The Administration has the right, if necessary, at its own discretion, to terminate (temporarily or permanently) the provision of access to the Website to all Users in general or in particular to an individual User without prior notice. The Administration is not responsible for the discrepancy between the results of using the functionality of the Website and the User's expectations.
3.3. The Administration assumes that in accordance with the principles of reasonableness and good faith the User has all the necessary rights to allow him/her to use the Website.
3.6. This Agreement is an open and public document. The Administration may unilaterally change and/or supplement the Agreement, without receiving the User’s prior consent. The current version of the Agreement is available at https://ayarkut.com/soglashenie.
3.7. Changes and additions come into force the next day after the new version of the Agreement is posted on the Website.
3.8. The Administration recommends that Users regularly check the terms of this Agreement for changes and/or additions. Continued use of the Website after making changes and/or additions to this Agreement will mean the User's acceptance and consent to such changes and/or additions.
3.9. The User has the right to refuse to accept the terms of this Agreement, as well as changes and/or additions to this Agreement, which is regarded as the User's refusal to use the Website. In this case, the User is obliged to immediately stop using the Website in any way.
3.10. Appeals, proposals and claims of individuals and legal entities to the Administration in connection with this Agreement and all issues related to the functioning of the Website, violations of the rights and interests of third parties when using it, as well as for requests from persons authorized by the legislation of the Russian Federation, should be sent to mailing address of the CF "Sinet Spark" specified in p. 10 of this Agreement.
4. Terms of exclusive rights
5.1. Exclusive rights to the Content posted on the Website:
5.1.1. Except for the cases established by this Agreement, as well as the current legislation of the Russian Federation, no Content may be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise used in whole or in part without prior permission of the copyright holder, unless the copyright holder has expressed his/her consent to the free use of the Content by any person.
5.1.2. Unless otherwise expressly provided in this Agreement, nothing in this Agreement can be considered as a transfer of exclusive rights to the Content.
5.2. Third Party Sites and Content:
5.2.1. The Website contains (or may contain) links to other sites on the Internet (third party sites) as well as articles, photographs, illustrations, graphics, music, sounds, videos, information, applications, programs and other Content owned or coming from third parties (Third Party Content), which is the result of intellectual activity and protected in accordance with the legislation of the Russian Federation.
5.2.2. These third parties and their Content are not checked by the Administration for compliance with certain requirements (legality, reliability, completeness, integrity, etc.). The Administration is not responsible for any information, materials posted on the third party sites that the User accesses on the Website, including, but not limited to, any opinions or statements expressed on third-party sites or in their Content, advertising, etc., as well as for the availability of such sites or Content and the consequences of their use.
5.2.3. If the User decides to leave the Website and go to third-party sites or use (install) third-party programs, he/she does this at his/her own risk and from that moment, this Agreement no longer applies to the User. In further actions, the User shall be guided by applicable rules and policies, including the business practices of those persons whose Content he/she intends to use.
5. Rights and obligations of the User
5.1. The User may:
5.1.1. use the Website and its functionality on the terms provided for in this Agreement, as well as other special documents (rules, instructions, agreements, contracts) of the Administration and Partners.
5.2. The User undertakes:
5.2.1. act solely in accordance with the current legislation of the Russian Federation, this Agreement and other special documents regulating the rules for using the functionality of the Website.
5.2.3. periodically review the text of this User Agreement, as well as all special documents of the Administration regarding the Website.
6. Personal Data Processing
7. Warranty and Liability
7.1. The User is solely and fully responsible for all actions performed by him/her when using the Website in accordance with the legislation of the Russian Federation.
7.2. Since the Website is offered "as is", the Administration is not responsible for the compliance of the Website with the User's goals. The User uses the Website at his/her own risk.
7.2. The Administration reserves the right at any time to change the design of the Website, its content, functionality, modify or supplement the scripts, software and other objects used or stored on the Website, any server applications at any time with or without prior notice. In this regard, the Administration is not responsible for any losses of the User or lost profits.
7.3. The Administration makes every possible effort to ensure the normal functioning of the Website, but is not responsible for non-fulfillment or improper fulfillment of obligations under this Agreement, as well as for direct and indirect losses of the User, including lost profits and possible damage, including as a result of:
- illegal actions of Internet users aimed at violating information security and/or the normal functioning of the Website.
- absence (inability to establish, terminate, etc.) of Internet connections between the User's server and the Administration server;
- carrying out by state and municipal bodies, as well as other organizations of activities within the framework of operational search activities;
- the establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or the establishment by the specified entities of one-time restrictions that make it difficult or impossible to fulfill this Agreement;
- other cases related to actions (inaction) of Internet users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment that existed at the time of the conclusion of this Agreement.
7.4. The Administration does not exercise control over the capacity and legal capacity of the Users.
7.5. Under any circumstances, the responsibility of the Administration to the User is limited to the amount of 1,000 (one thousand) rubles. Losses and lost profits in this case are not subject to compensation to the User.
8. Disputes and claims
8.1. All disputes and disagreements related to the execution of this Agreement shall be resolved through negotiations. The parties establish a mandatory pre-trial procedure.
8.2. The user and/or third parties whose rights and legitimate interests have been violated are obliged to send a claim to the Administration in writing by registered mail to the address 677018, Republic of Sakha (Yakutia), Yakutsk, Ordzhonikidze str., 36, building 1, of. 703-1. The Administration responds to the claim within 45 (forty-five) calendar days from the receipt of the claim.
8.3. If it is impossible to settle disputes and disagreements through negotiations, the dispute is subject to resolution in accordance with the legislation of the Russian Federation in the court at the location of the Administration.
9. Final provisions
9.1. This Agreement is an agreement between the User and the Administration regarding the use of the Website and replaces all previous agreements between the User and the Administration.
9.2. This Agreement is termless.
9.3. If any of the provisions of this Agreement proves invalid by virtue of law or a court decision that has entered into force, it will be considered excluded from this Agreement, and the remaining provisions of this Agreement remain in force.
9.4. This Agreement is governed by and interpreted in accordance with the legislation of the Russian Federation. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of the Russian Federation.
9.5. Nothing in this Agreement can be understood as the establishment of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations between the User and the Administration that are not directly provided for in the Agreement.
9.6. Inaction on the part of the Administration in case of violation by any of the Users of the provisions of the Agreement does not deprive the Administration of the right to take later appropriate actions to protect their interests and protect copyrights to the materials of the Website protected in accordance with the legislation.
10. Administration Address
Sinet Spark Charitable Foundation for Regional Development, OGRN 1201400004453.
Address: 677018, Republic of Sakha (Yakutia), Yakutsk, Ordzhonikidze str., 36, building 1, of. 703-1.
Publication date: October 13, 2021