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“Virtual Spaces” LLC (hereinafter “VS”) suggests using the services in accordance with the terms stated in the User Agreement (hereinafter “Agreement”, ”UA”). Using vAcademia web-site (“Site”) as well as other products, channels, software and services of “vAcademia” including a built-in player (“Player of vAcademia”) and vAcademia client program provided by OOO “VS” on the Site or from the Site (joint “Product”) is stipulated by the terms of the agreement between the user and “VS”.
The given Agreement of using the Product was elaborated by the Administration of the Product and this Agreement states the terms of Product use and development as well as rights and obligations of both the User and Administration. The Agreement extends to the rights and interests of third parties whether or not they act as Product Users but whose rights and interests could be infringed on as a result of actions of the Product Users.
The Product shall not be used by the person who is under the age to conclude a legally binding contract with “VS” or parties who are legally forbidden to obtain or use the Product according to the legislation of the country of the person’s residence.
3. Changes of Agreement Terms
5. User Rights and Obligations
Though “VS” is not bound to take responsibility for User actions in the Product, we do our best to make our Product convenient, reliable and safe. In the course of work with the Product the content is created (hereinafter Content) which includes: (a) files uploaded to the Product server, (b) voice or text messages, (c) audiovisual components uploaded with the help of any tools to be a part of the Product, (d) records of the classes conducted by the User while working with the Product. Creating Content with any enlisted way (hereinafter distribution) shall comply with the terms and clauses of the given Agreement.
Accepting this Agreement the User guarantees that the materials distributed or shared under the User’s account within the Product shall not infringe or violate the rights of the third parties including copyright, logotypes, confidentiality, publicity or other personal or property rights or contain slanderous, discrediting or other illegal materials. The User also agrees to abstain from the following actions which in case of their occurrence shall be considered as the breach of the Terms and clauses of the present Agreement on the User’s side:
To distribute materials considered to be illegal, slanderous, offensive, indecent, discriminatory or violating confidentiality or the right for publicity, expressing hatred or discriminatory on gender, race or other grounds.
To breach the rights of underage persons and/or perform any offensive actions in relation to them.
To upload, store, send via email or publish by any other way unapproved and unauthorized advertising materials, SPAM, “pyramid” plans, network marketing or any other form of solicitation.
To use the Product under somebody else’s account.
To use the service for the purpose of any of the following commercial activities:
selling access to the Product;
selling access to the Content, distributed under someone else’s account;
selling advertising, sponsor’s support or promotion action on any page of the blog supporting advertising or web-site, containing Content provided with the help of the Product if there is no other material obtained from “VS” and representing sufficient value for such selling.
To carry out other types of commercial activity with the help of the Product, except those permitted by this Agreement.
To collect and store Product users’ personal data.
To sell or provide the third party with personal information about Product users.
Intentionally violate regional and/or Russian legislation or norms of International law.
To use automated systems which sends more enquiries to the Product server than the user is capable of sending within the same period of time using available, standard (i.e. non-modified) web-browser.
To use software which is not the part of the Product in order to intercept and break the protocol of exchange between servers and client application of the Product.
To obtain access to the Product’s Content using software which is not the part of the Product.
To change, add, or block any part or functional option of “vAcademia’s Player when accessing it from a non-Product’s site.
To copy, reproduce, distribute, transfer, broadcast, sell, license, or use in some other way any Content for the purposes, except for those stipulated in the given Agreement without written consent of “VS” or corresponding licensors of the Content.
If the User considers that Content allocated in the Product or with the help of the Product violates the User copyright, the User should forward the Administration a written notificationt containing the following information:
Electronic or physical signature of the person authorized to act on behalf of the copyright holder;
The description of work protected with copyright which in the User’s opinion, was violated;
Link to the Content which in User’s opinion violates his/her copyright;
A detailed explanation how the Content infringes the User’s copyright (e.g. sound, video or image used is the user’s personal (intellectual) property, etc.);
User’s contact information (e-mail is preferable);
Personal information which can be forwarded to the pirate for him/her to contact the User and to solve the problem directly (email is preferable);
A written notification that the use of the copyright infringed Content is not allowed by the copyright holder, his/her agent, or the law.
While creating, uploading or allocating Content in the Product the User should provide the following:
Unexceptional, gratuitous license including the sublicense right enabling “VS” to use the User’s Content on the territory of the Russian Federation and other countries. This is particularly being applied to the right concerning reproduction, distribution, processing or creating derivative products, public demonstration, bringing the Product to the public knowledge, as well as public processing of the Content which involves Product presentation. Any commercial activity performed by “VS” and connected with Product promotion as a whole or by parts (as well as its derivative products) is allowed by the User without any limitation in any media format (and via any media channels);
Unexceptional, gratuitous license to every User of the Product on the territory of the Russian Federation and other countries to access the User’s content within the Product and the right to use the uploaded content including the right to reproduce, distribute, process the Content as well as create derivative products from the Content including public demonstration, bringing to public knowledge and public performance of the Content in the amount provided by the functional opportunities of the Product and the Present Agreement.
The licenses mentioned above are issued by the User for the whole validity period of his/her exceptional rights for such Content if it was not removed or deleted from the site by the User. The above mentioned license on text commentaries that the User makes being part of the Content is issued for the whole period of the User’s exceptional rights for such text commentaries.
“VS” and the users of the Product are not obliged to ask for permission to the use the User’s Content.
8. Product and website content
Apart from the Content that the User posted within the Product or with the help of the Product, any other Content, posted on the website or other part of the Product belongs to “VS” or otherwise is provided to “VS” by license and is the subject to copyright, logotype or other intellectual property right of “VS” or “VS” licensors. It is prohibited to download, copy, reproduce, distribute, transfer, demonstrate, sell, license or use this content for any purposes without preliminary written consent of “VS” or if applicable “VS” licensor. “”VS” and its licensors reserve all the rights that are not granted directly in relation to the Content that they own.
9. Termination of the Agreement
Should the User decide to terminate his/her agreement with “VS” he/she will notify "VS” about it at any time Convenient for the User. The notification should be sent in writing at the address given at the beginning of the present agreement.
“VS” possesses the right to terminate the Agreement between “VS” and the User should any or all of the following occur:
The User broke the Agreement.
“VS” is obliged to do so by the act of law.
“VS” possesses the right to close any part of the Product at any moment with or without preliminary notification of the User. In this case “VS” do not bear any responsibility for denying access to the product or its part.
10. “VS” proprietary right
The User acknowledges and agrees to the fact that the Product and all the programs connected with it contain confidential information protected by intellectual property right and other Russian and international laws, while the Content provided to the User is protected by copyright, trademarks, patents and other eligible laws. Apart from the cases expressly provided by “VS” and its advertisers the User shall not modify, sell, distribute this content and programs as a whole or by parts.
“VS” grants the User with a personal non-exclusive and non-transferable right to use software, provided in the Product on one computer on condition that neither the User nor any third party with his/her assistance shall copy or modify the software; create derivative programs, break into the software to get the program code, sell, trade, rent, transfer to third parties in any other form of software rights provided to the User by User Agreement, and to modify the services to get unauthorized access.
11. Release of guarantee
The User realizes and agrees to the following:
The User uses the Product at his/her own risk. The Product is provided as it is. “VS” do not assume responsibility including the responsibility for the Product to meet the User’s goals;
“VS” do not guarantee uninterrupted, safe, error-free work of the Product and access to the Content, besides “VS” do not guarantee that the Product will meet the User’s expectations;
Any educational or other materials the User obtains using the Product, he/she can use at his/her own peril and risk. It is the User’s responsibility to suffer damage that can be caused as a result of downloading these materials;
“VS” do not bear any responsibility for any direct or indirect losses incurred due to: use or impossibility to use the Product, unauthorized access to the User’s communications, statements or behavior of third persons within the Product;
Under any circumstances “VS” liability is limited to 10 000 (ten thousand) rubles in accordance with Clause 15 of the Civil Code of the Russian Federation and is to be paid in case of “VS” fault.
The present agreement is a legally binding document between the User and “VS” and substitutes all prior agreements signed between the User and “VS” in relation to the Product use.
Should any disputes or disagreements arise connected with the satisfaction of this Agreement both the User and Administration of the Site shall exert every effort to settle them down by negotiations. If the dispute or disagreement remains unsettled it will be solved by the rule of law.
The regulations are prepared in Russian; however the User may obtain these in another language upon request. Should any divergences occur between the Russian version of the Agreement and the version in another language, the regulations of the Russian version are applied.
Should the court declare any of the provisions invalid or unenforceable does not mean that other provisions of the Agreement are also invalid or unenforceable.