First edition published on 12 August 2018.
1.1This User Agreement (the “User Agreement” or the “Agreement”) is a binding legal contract between the User and the Author governing the Parties’ relationship with respect to the Use of the Website.
1.2By Using this Website or any of its Content, you qualify as the User and are entering into this User Agreement, and you confirm that you fully accept, and undertake to comply with, the terms and conditions of this Agreement (including the terms of conditions of the Legal Documents and all other documents referred to in the Agreement and/or the Legal Documents).
1.3If you do not agree to this Agreement (including the terms of conditions of the Legal Documents and all other documents referred to in the Agreement and/or the Legal Documents), you must immediately cease any Use of the Website.
1.4All capitalised words and expressions used above shall, unless the context otherwise requires, have the meanings given to them in Section II (Definitions and Interpretation) below.
2.Definitions and Interpretation
2.1In this Agreement:
“Acceptable Use Policy” means the Acceptable Use Policy of the Website, which sets out the permitted uses and prohibited uses of the Website;
“Add-on Domain” means each domain having one of the following domain names:
(e)“суньцзюто.рф” (“xn--g1alejhdw1cu.xn--p1ai”); and
and “Add-on Domains” means all of these domains;
“Applicable Law” has the meaning given to it in Section “Applicable Law” hereof below;
“Author” means Jiutuo Sun, the author of the Website;
“Content” means all content, materials and elements of the Website that are or can be (a) made available to the User by Using the Website or (b) to the extent it is an intended functionality of the Website, made by the User by Using the Website, including, without limitation, any webpage, source code, database (or any entry thereof or query thereto), text, comment, message, feedback, image, photography, logo, audio, video, URL, hyperlink, trademark, design element or any other object or intellectual property;
“Cookie Statement” means the Cookie Statement of the Website, which sets out the terms about cookies created and accessed by the Website;
“Domains” means all of the Main Domain and the Add-on Domains;
“Host” means the hosting company for the Website, currently being SiteGround Spain S.L. (registration number CIF: B87194171) of Calle de Prim 19, 28004 Madrid, Spain (together with other companies of the SiteGround group);
“Host Server” means the server(s) of the Host used to operate the Website, currently being server(s) in the Host’s data centre in Amsterdam (Netherlands);
“Intellectual Property Statement” means the Intellectual Property Statement of the Website, which sets out details about third party intellectual property contained in the Website or its Content;
“Legal Document” means any other legal document and/or legal information related to the Website, its Content and their use, which is referred to and accessible on the “Legal” webpage of the Website, including, without limitation:
(a)the Acceptable Use Policy;
(b)the Cookie Statement;
(c)the Intellectual Property Statement; and
and “Legal Documents” means all of these legal document and/or legal information;
“Main Domain” means the domain having the domain name “sunjiutuo.com”;
“Parties” means the Author and the User, and “Party” means either one of them;
“Relevant Laws” means the Applicable Law and, to the extent not being the Applicable Law, each of:
(a)the law of the Russian Federation;
(b)the law of the jurisdiction where the Host is registered, existing and permanently located;
(c)the law of the jurisdiction(s) where the Host Server is physically located;
(d)the law of the jurisdiction(s) applicable to the respective author and right holder of each third party intellectual property used by the Website; and
(e)the law of the jurisdiction(s) applicable to the User,
and “Relevant Law” means any one of them;
“URL Shorteners” means related internal web services of the Website hosted on the Host Server, which generate shortened URLs for the Website’s web pages using domain names “jsun.co”, “timo.lt” and/or “sjt.tj”;
“Use” means any use of the Website or any of its Content by the User, including, without limitation, accessing, browsing, printing, downloading, reproducing, duplicating, processing and/or distributing, in any case to the extent permitted by the Relevant Laws and this Agreement (including the Legal Documents and all other documents referred to in the Agreement and/or the Legal Documents), and “Using”, “Usage” or any other similar derivative word or form of the word “Use” shall be interpreted and construed accordingly;
“User” or “you” means you, being the person who, acting solely and individually on your own behalf or on behalf of any other person, is currently using the Website;
“User Contribution” has the meaning given to it in the Acceptable Use Policy; and
“Website” means the website entitled “Timo”, a personal website created by the Author and accessible on the internet through any of the Domains, as well as the URL Shorteners.
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 Agreement.
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 Agreement.
3.1The Website is not intended for, and the User expressly warrants that he or she is not, any person who, according to the laws of the jurisdiction that applies to such person, does not have full legal capacity, unless a legal guardian expressly consented to the Use of the Website.
3.2The Host, as well as some authors and/or right holders of third party intellectual property used by the Website, may have enforceable legal obligations to comply with the policies, measures and legal acts under the Relevant Laws governing sanctions, anti-terrorism, anti-bribery, anti money laundering and export control, which may include, among others, the Export Administration Regulations maintained by the U.S. Department of Commerce, the trade and economic sanctions maintained by the United States Treasury Department’s Office of Foreign Assets Control (OFAC) and/or the restrictive measures imposed by the European Union.
3.3The Website is not intended for Use by, and the User expressly warrants that he or she is not, any person who (a) is or may be directly or indirectly targeted by any policies, measures and legal acts referred to above and/or (b) is or may be located in any country, region or jurisdiction which is directly targeted by any policies, measures and legal acts referred to above.
4.1The Website is a personal website of the Author and is created and intended for personal and non-commercial Use by the User. Please refer to the Acceptable Use Policy for more details on acceptable and prohibited use of the Website by the User.
4.2Subject to the terms of this Agreement, the Website is publically accessible to any person via any one of the Domains.
4.3The Author does not guarantee that the Website or any Content thereof will be available and/or uninterrupted at all time.
4.4While access to the Website is permitted by default, the Author reserves his right to (a) revoke, suspend or restrict the User’s access to the Website or any part of its Content; and/or (b) withdraw, discontinue or change the Website or any part of its Content, in all cases without prior or subsequent notice.
5.Intellectual Property Rights
5.1Any and all intellectual property used by the Website is owned or licenced by the Author or other relevant right holders and is protected by copyright laws of the jurisdiction(s) applicable to such intellectual property. All such rights are reserved. Please refer to the Intellectual Property Statement for more details on third-party authors and/or right holders of various key intellectual property used by the Website.
5.2Unless otherwise expressly provided by Applicable Law, this Agreement (including the Legal Documents and all other documents referred to in the Agreement and/or the Legal Documents) or special arrangements entered into by the Author, the Author grants the User a limited, non-exclusive, revocable licence (or, in the case of intellectual property owned by third parties, to the extent permitted, a sub-licence) to such intellectual property solely for the purposes of accessing the Website.
5.3Unless otherwise expressly provided by Applicable Law, the status of the Author or any other appropriate person as the author and/or right holder (and that of any identified contributors, if applicable) of the Content on the Website must always be acknowledged by the User in case of use of such Content in external resources, provided that such use is permitted by this Agreement (including the Legal Documents and all other documents referred to in the Agreement and/or the Legal Documents).
6.Personal Data and Cookies
6.1The User acknowledges and agrees that (a) the Website obtains, stores and otherwise processes the User’s IP address, which may qualify as personal data of the User, in order to maintain its normal functioning and operate its security measures; (b) the Website uses certain essential cookies in order to maintain its normal functioning; and (c) if the User objects to such processing of data or use of essential cookies, the only legal recourse he or she may have is to stop Using the Website and refrain from any Use in the future.
6.3The User acknowledges and agrees that (a) where the functionality of the Website allows, the User may create and submit User Contribution, the content of which, being provided by the User, may contain personal data, and the Website obtains, stores and otherwise processes such User Contribution and its contents; (b) the User should not include any third party personal data in any such User Contribution without first obtaining the necessary consent from such third party; and (c) if the User objects to such processing, the only legal recourse he or she may have is to refrain from submitting any User Contribution.
7.No Warranties and No Reliance on Information
7.1The Website is presented for the User “as is” and “as available”. The Author makes no representations, warranties or guarantees of any kind, whether express or implied, in relation to the Website, its Content or its use.
7.2The Content on the Website are provided for informational purposes only, they are not, and are not intended to amount to, advice on which the User should rely. The User must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Website.
8.Linking and Distribution
8.1Except as expressly provided in this Agreement or any other Legal Document, no part of the Website and no Content thereof may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Author’s express prior written consent.
8.2Notwithstanding clause 8.1 above, the User may distribute the URL of any publically available webpage of the Site and quote a reasonable amount of Content on any publically available webpage (provided that a reasonable acknowledgement to the Author and a link to that webpage of the Website is attached to such a quote) for fair, legal personal non-commercial use (including printing, sharing via email, social networks or other media of electronic messaging and communications) and provided that such use does not violate any person’s rights and lawful interests.
8.3The Author reserves the right to withdraw linking and quoting permission without prior or subsequent notice.
8.4The website in which the User is linking or quoting must comply in all respects with the content standards set out in the Acceptable Use Policy.
9.Third Party Links and Resources in the Website
9.1Where the Website contains links to other sites and resources provided by third parties, these links are provided for informational purposes only. The Author has no control over the content of those sites or resources.
10.Viruses and Other Malicious Software
10.1The Author does not guarantee that the Website will be secure or free from bugs, viruses or any other malicious software.
10.2The User is responsible for configuring the end-user information technology, computer programmes and platform in order to Use the Website.
11.Limitation of Liability
11.1To the fullest extent permitted by the Applicable Law, the Author shall not be liable to the User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (a) use of, or inability to use, the Website; or (b) use of or reliance on any Content of the Website.
11.2To the fullest extent permitted by the Applicable Law, the Author will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect the User’s computer equipment, computer programs, data or other proprietary material due to the use of the Website by the User.
11.3The Author assumes no responsibility for the content of any third party websites linked on the Website. Such links are not, and should not be interpreted as, endorsement by the Author of those linked websites. The Author will not be liable for any loss or damage that may arise from the use of them by the User.
11.4Loss or damage referred to above includes, among others, any of the following loss or damage incurred by the User in commercial activities:
(a)loss of profits, sales, business, or revenue;
(c)loss of anticipated savings;
(d)loss of business opportunity, goodwill or reputation; or
(e)any indirect or consequential loss or damage.
12.Indemnification by the User
12.1To the fullest extent permitted by the Applicable Law, the User agrees to indemnify and hold the Author harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) in connection with or arising out of: (a) the User’s breach of this Agreement; (b) any User Content; (c) any activity in which the User engages on or through the Website; and (d) the User’s violation of any law or the rights and lawful interests of a third party while using the Website.
13.1The Author may amend, revise or otherwise change the terms and conditions of this Agreement (including the terms of conditions of the Legal Documents and all other documents referred to in the Agreement and/or the Legal Documents) at any time without prior or subsequent notice, and such amended, revised or otherwise changed Agreement shall take effect since the date immediately after the date of publication thereof on the Website.
14.1The User may not assign any of his or her rights under this Agreement to any other person. The Author may assign any or all of his rights to another individual or legal entity at his own discretion.
15.1This Agreement, together with the Legal Documents and all other documents referred to in the Agreement and/or the Legal Documents (all of which are deemed as incorporated into this Agreement by reference), make up the entire agreement between the Parties and supersede all prior agreements, representations, and understandings.
16.1If any term or provision in this Agreement 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 Agreement, but the legality, validity or enforceability of the remainder of this Agreement shall not be affected.
17.Applicable Law and Dispute Resolution
17.1Unless otherwise required by a mandatory legal act of any Relevant Laws, this Agreement (and any non-contractual disputes or claims arising out of or in connection with it), depending on the domicile of the User (being the jurisdiction according to the substantive law of which the User is a lawful permanent resident), is governed by and shall be construed in accordance with the substantive law of the jurisdiction listed below, without regard to choice or conflicts of law principles (the “Applicable Law”).
|Domicile of the User||Applicable Law|
|Russian Federation||Substantive law of the Russian Federation|
|United Kingdom||Substantive law of England|
|All remaining jurisdictions||Substantive law of the Netherlands|
17.2The Parties agree that if any claim, dispute or difference of whatever nature arises under or in connection with this Agreement, the Parties shall use all reasonable endeavours to resolve the matter amicably during the period of sixty (60) calendar days. Unless otherwise agreed between the Parties in writing, any such dispute which remains unresolved shall be addressed to the competent court in accordance with the Applicable Law.
18.1This Agreement 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 Agreement 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, and (c) provided however that, in any event, the English text shall always prevail for the provisions of this Agreement determining the Applicable Law.
19.1To contact the Author in relation to this Agreement or the Use of the Website, please proceed to the Contact page.