First edition published on 12 August 2018.
1.Introduction
1.1This is the Acceptable Use Policy for the Website (this “Acceptable Use Policy” or “Policy”). It sets out details on the permitted and prohibited ways for the User to use the Website.
1.2This Policy forms part of the User Agreement (which can be found in the “Legal” webpage of the Website) (the “User Agreement”) and is deemed incorporated therein. By Using this Website or any of its Content, you qualify as the User and you confirm that you fully accept, and undertake to comply with, the terms and conditions of this Policy (as well as the terms of conditions of the User Agreement and all other documents referred to in this Policy, the User Agreement and/or the other Legal Documents).
1.3If you do not agree to this Policy, you must immediately cease any Use of the Website.
1.4Pursuant to the terms of the User Agreement, the Author may revoke, suspend or restrict the User’s access to the Website or any part of its Content without prior or subsequent notice.
1.5All capitalised words and expressions used above shall, unless specifically defined or the context otherwise requires, have the meanings given to them in the User Agreement.
2.Definitions and Interpretation
2.1All capitalised words and expressions used in this Policy shall, unless (a) specifically defined below or in any other place herein or (b) the context otherwise requires, have the meanings given to them in the User Agreement:
“Prohibited Use” has the meaning given to it in Section “Prohibited Use” hereof below; and
“User Contribution” has the meaning given to it in Section “User Contribution” hereof below.
2.2References to “include” or “including” are to be construed without limitation.
2.3References to a “person” include any individual, company, partnership, joint venture, firm, association, trust, governmental or regulatory authority or other body or entity (whether or not having separate legal personality).
2.4The table of contents and headings are inserted for convenience only and do not affect the construction of this Policy.
2.5Unless the context otherwise requires, words in the singular include the plural and vice versa and a reference to any gender includes all other genders.
2.6References to Sections and paragraphs are to sections and paragraphs of this Policy.
3.Prohibited Uses
3.1The User shall not use the Website in any one or several of the following ways (for the avoidance of doubt, any one of which is expressly excluded from the term “Use” as defined in the User Agreement) (each a “Prohibited Use”):
(a)by downloading, sending, transmitting or in any other way posting and/or distributing any content which is illegal, harmful, unethical or violates intellectual property rights, promotes hatred and/or discrimination of any kind and nature or is insulting to any persons;
(b)by violating any third party rights;
(c)by impersonating any other person or representative thereof without express prior authorisation from the latter;
(d)by knowingly downloading, sending, transmitting, posting or otherwise introducing and/or distributing any materials containing viruses, Trojans, worms, logic bombs or other material which is designed to breach, destroy or limit the operation of any computer or telecommunication equipment or software, or to violate any person’s rights or lawful interests or is considered otherwise malicious;
(e)by attempting to gain unauthorised access to the Website, the Host Server or any server, computer or database connected to or otherwise used by the Website;
(f)by knowingly attacking the Website via a denial-of-service attack or a distributed denial-of service attack;
(g)for commercial purposes, if prior consent from the Author and/or the respective right holders was not obtained;
(h)by collecting and storing personal information of third persons, unless such actions are permitted by Applicable Law and the laws of the jurisdictions applicable to the User and such third persons;
(i)by posting or otherwise introducing and/or distributing links to resources which violates any Relevant Laws;
(j)by establishing a link (including in an external resource) to any Content of the Website in such a way as to suggest any form of association, approval or endorsement by the Author where none exists;
(k)by incorporating any Content of the Website in any external resource using framing technique or other techniques of the same nature without prior express written consent and authorisation from the Author; or
(l)by otherwise violating any Relevant Laws or any other provisions of this Policy, the User Agreement or any other Legal Documents.
4.User Contribution
4.1Without prejudice to any other provisions of this Policy, the User Agreement or any other Legal Documents, whenever the User makes use of a feature that allows uploading Content to the Website, commenting on the Content of the Website or making contact with the Author or other Users of the Website (the “User Contribution”), the User must (a) ensure and warrant that such User Contribution or the way it is made does not qualify as a Prohibited Use, and (b) comply with the following standards and guidelines set out in this Section.
4.2A User Contribution should not:
(a)contain any material which is defamatory of any person;
(b)contain any material which is obscene, offensive, threatening, abusive, hateful or inflammatory;
(c)promote sexually explicit material;
(d)promote violence;
(e)promote discrimination based on race, nationality, sex, sexual orientation, religion, disability, age, profession or any other criterion;
(f)disclose any person’s personal data without necessary prior consent of such person or otherwise infringe any third party right;
(g)be likely to deceive any person;
(h)contain any login and password details associated with the Website or any third party website, network or service, or otherwise directly or indirectly threaten the security and/or normal functioning thereof;
(i)be threatening, abuse or invade another person’s privacy, or cause annoyance, inconvenience or needless anxiety;
(j)be likely to harass, upset, embarrass, alarm or annoy any other person;
(k)be used to impersonate any person, or to misrepresent the identity of the User or affiliation thereof with any person;
(l)be any unsolicited mass mailing or any other form of spam or junk message;
(m)use automated means to artificially promote any content, product, service or event;
(n)involve commercial or sales activities, including, among others, advertising, promotions, contests, sweepstakes, affiliate marketing, or otherwise suggest, promote or advance any third party content, product, service or event, without prior express written consent and authorisation from the Author;
(o)be illegal or promote any illegal activity; or
(p)otherwise violate any Relevant Laws or any other provisions of this Policy, the User Agreement or any other Legal Documents.
4.3The Author shall not be responsible, or liable to any third party, for any User Contribution or any other action undertaken by the User on or through the Website. The User shall be liable to, and indemnify, the Author for any losses, costs and/or other negative consequences the latter may incur or bear in connection with any User Contribution made by the User being non-compliant with any Relevant Law or any provisions of this Policy, the User Agreement or any other Legal Documents.
4.4Each and any User Contribution to the Website will be deemed non-confidential and non-proprietary, and the User hereby grants non-exclusive and revocable licence to the Author to use, copy, distribute and disclose such User Contribution to any and all third parties for any lawful purpose.
4.5The Author reserves his right to pre-moderate any User Contribution and, if it is the Author’s reasonable belief that such User Contribution does or may not comply with any Relevant Law or any provisions of this Policy, the User Agreement or any other Legal Documents, suspend publication of such User Contribution or remove it from the Website without any prior or subsequent notice.
4.6The views expressed by the User on the Website do not represent the Author’s views or values.
5.Breach of the Policy
5.1When considering that a breach of this Policy has occurred, the Author reserves his right to take such action and measure as he deems appropriate.
5.2Failure to comply with this Policy constitutes a material breach of the User Agreement, and may result in, among others, the Author taking all or any of the following actions and measures:
(a)issue of a warning to the User;
(b)immediate, temporary or permanent withdrawal of the User’s right to Use the Website;
(c)immediate, temporary or permanent removal of any User Contribution the User made;
(d)legal proceedings against the User for reimbursement of all losses and costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from such breach;
(e)further legal action against the User; and
(f)disclosure of such information to law enforcement authorities as the Author reasonably feels is necessary or as required by Applicable Law.
5.3The Author hereby expressly excludes his liability for all action and measures he may take in response to the User’s breaches of this Policy. The actions and measures the Author may take are not limited to those described above.
6.Further Amendments
6.1The Author may amend, revise or otherwise change the terms and conditions of this Policy at any time without prior or subsequent notice, and such amended, revised or otherwise changed Policy shall take effect since the date immediately after the date of publication thereof on the Website.
7.Severability
7.1If any term or provision in this Policy shall be held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or rule of law, such term or part shall to that extent be deemed not to form part of this Policy, but the legality, validity or enforceability of the remainder of this Policy shall not be affected.
8.Applicable Law and Dispute Resolution
8.1This Policy is subject to (a) the Applicable Law as defined in, determined in accordance with, the User Agreement and (b) the dispute resolution procedure set out in paragraph “Applicable Law and Dispute Resolution” of the User Agreement.
9.Language
9.1This Policy is made in the English and Russian languages and may be additionally published in other languages. In case of any discrepancy between the texts of this Policy in any two languages: (a) if the Applicable Law is the laws of the Russian Federation, the Russian text shall prevail; or (b) if the Applicable Law is not the laws of the Russian Federation, the English text shall prevail.
10. Contact Information
10.1To contact the Author in relation to this Policy, or to report an abuse, please proceed to the Contact page.