User agreement

User Agreement

Please read this User Agreement carefully. You are obliged to comply with its terms when you visit the Website, use any services offered at the Website, or use the Materials published on the Website. In the event that you disagree with the terms of the User Agreement, you must immediately stop using the Website as well as all the Materials published on it and all the services offered at the website.

I.

Terms and Definitions

1.1. Website means a set of computer software applications and other information contained in the information system accessible through the Internet information and telecommunications network (hereafter, “the Internet”) at the following domain address: https://v-a-c.org.

1.2. Website Services (Services) means applications published on the Website enabling the User to use services provided by the Website Owner and third parties.

1.3. Website Owner (Owner) means Private institution of culture “Museum “Victoria – the Art of being Contemporary” (Primary State Registration Number 1187700010871).

1.4. User means any person who establishes or gains access to the connection for using the Website and/or Services.

1.5. Materials means any information, messages, data published on the Website both collectively and individually regardless of their presentation form and attribution to the results of intellectual activity including (but not limited to): text materials, photographic works, audiovisual works, musical works (with or without text), paintings, graphic works, design works (including illustrations and design features of the Website), trademarks.

1.6. Use means any display, distribution, dissemination to the general public, broadcasting, transmission by cable, import, rental, public performance, translation and other revision of the Materials of the Website as well as other uses stipulated by applicable laws as of the moment of such use, regardless of whether the relevant actions are taken for the purposes of profitmaking or without such purpose, whether the Materials are used in full or in part.

II.

General Provisions

2.1. The present Agreement establishes terms of use of the Website and/or Services by the User, comes into force from the moment when the User visits the Website and is in force until the parties completely fulfill their obligations under the Agreement. The User agrees that from the moment of displaying (opening) any Website page in a web browser the User shall be deemed to have accepted the terms of this Agreement in full and undertakes to comply with them without any reservations or exceptions. In the event that the User does not agree with any provision of this Agreement and does not accept the terms of the Agreement in full, the use of the Website or the Materials shall be terminated.

2.2. The Website Owner has the right to unilaterally make any amendments to the Agreement, provided that the User is informed about such amendments in a timely manner. The Website Owner shall notify the User about the amendments to the terms of this Agreement by publishing the new version of the Agreement on the Website. In the event of amendment of the terms of this Agreement, the User shall unconditionally and fully agree to the new version of this Agreement.

2.3. The Website Owner grants to the User a simple non-exclusive license to use the Website by displaying the Website in a web-browser, as well as the right to use the Website Services.

2.4. The Website functionality and services are provided “as is”. The Website Owner disclaims all liability for the expectations of the User and the conformity of the Website functionality and services with the User’s purposes. The Website Owner has the right to change and update the functionality and services of the Website, carry out works on updating the design, engine and/or structure of the Website without notifying the User in advance. The Website Owner shall reserve the right to make changes, additions to any Material from the Website or delete it, introduce any restrictions regarding the Website use, restrict access to the information published on the Website, including if such information may cause harm to the health and development of children.

2.5. No provision of this Agreement shall grant the right to use the trade name, domain names, trademarks of the Website Owner or intellectual property items of third parties to the User.

2.6. By starting to use the Website, the User agrees to getting acquainted with advertising, promotional or publicity materials (hereinafter, “advertisements”), including the ones that are integrated into the Website’s structure. Publishing advertisements on the Website does not imply the Website Owner’s approval and/or recommendation of the advertised item and/or advertiser. The Website Owner does not determine the content of the advertisements and holds no liability for third parties’ advertisements, including information about websites and links mentioned in the advertisements that the User may follow by clicking on the relevant advertisement.

III.

Conditions of using the Materials

3.1. The Materials of the Website are copyright-protected items and are protected in accordance with the laws of the Russian Federation on copyright protection (more specifically, art. 1255, art. 1259 of the Civil Code of the Russian Federation). The Website Owner has the exclusive right to select, publish, systematise, and transform the data contained in the Website. The Website Owner has the exclusive right to the Materials except copyright- and/or related rights-protected items, the copyright holders of which are third parties. The User has the right to contact the Website Owner with the purpose of obtaining information about the copyright holder. The Website Owner has the right to provide the User with information about the copyright holder in the scope that is necessary to enable the User to obtain permission from the copyright holder, only if the copyright holder in question gave permission to provide the User with the above mentioned information.

3.2. The Website content and Materials are meant for use for information and consultation purposes.

3.3. Using the Website Materials without the written consent of the Website Owner and other copyright holders is not allowed, except for free uses of copyright- and/or related rights-protected items prescribed by the legislation of the Russian Federation.

3.4. The Website Owner has the right to prohibit the User from further use of the Material, and the User must terminate any use thereof in the event of violation of a term of this User Agreement or using the Materials with the purpose of harming the Website Owner, copyright holders, or third parties.

3.5. Whenever using the Website Materials in cases specified in clause 3.2. of the present Agreement, for any purposes, the User must indicate (include) a hyperlink to the Website Owner as the information source as follows:

3.5.1. When using the Materials in print media or other forms distributed on material media – in the place of use as a text reference: “Source: v-a-c.org website”.

3.5.2. When using the Materials during the broadcast of radio, television, or newsreel programmes – as an oral reference: “information from the v-a-c.org website”.

3.5.3. When using the Materials on websites on the Internet or other forms of use in electronic form – by indicating in the material the title of the Material as the reference source in the form of an active hyperlink, indexable by search engines (hereinafter, “hyperlink”) to the page where the Material is published on the Website or, in the event of further agreement with the Website Owner, to the main page of the Website where the Material is published.

3.6. Besides providing information about the Website Owner as the copyright holder and the source of information, the User also is obliged to publish the information about the author of the Material and the copyright notice in the form in which it is published on the Website.

IV.

Responsibilities of the User

4.1. When using the Website, the User undertakes to act in good faith and not take any action that may harm the Website and/or other third parties, including but not limited to:

4.1.1. violating the terms of this Agreement.

4.1.2. restricting access to other Users or preventing other Users from using the Website, with the exception of restricting the access to Users who have not reached a certain age to the Materials with an advisory warning (age restriction warning label).

4.1.3. submitting unreliable data to the Website Owner when using the Website Services.

4.1.4. using the Website Services without the essential need to use them.

4.1.5. uploading or otherwise publishing on the Website, sending or transferring, while using the Website Services, any information that:

- contains threats, discredits, offends, defames honor, dignity and business reputation or violates the privacy of other Users or any third parties;

- is vulgar or indecent, contains obscene language, pornographic images and texts;

- promotes and/or incites racial, religious, or ethnic hatred or hostility, promotes fascism or ideology of racial superiority;

- contains extremist materials;

- promotes criminal activity or provides advice, instructions or guidance on how to commit criminal acts;

- contains restricted access information, including but not limited to state and trade secrets, information about the private lives of third parties;

- contains advertising without the prior consent of the Website Owner;

- describes the appeal of using narcotic drugs, information on narcotic drug distribution, recipes for their production and recommendations for use;

- is fraudulent;

- contains viruses and other computer codes, files, spy software or software developed to disrupt the functionality of the Website;

- violates other rights and interests of citizens and legal entities or requirements of the Russian Federation legislation.

4.1.6 using any automatic and other computer software applications that make it possible to obtain unauthorised access to any part, functionality and/or Materials of the Website, as well as to extract, copy, distribute and perform other actions with the Materials of the Website.

4.1.7. using any devices, computer software applications and/or processes/scripts for interfering or attempting to interfere with the normal operation of the Website.

4.2. The User shall be solely liable to the third parties for his/her actions related to the use of the Website including if such actions result in the infringement of the rights and legal interests of third parties, as well as for statutory compliance while using the Website.

V.

Liability

5.1. The Website Owner shall not be liable for any information and materials published on the websites of the third parties to which the Licensee may gain access through the Website Services, or by the links published on the Website, and does not check such information and materials for reliability, completeness and legitimacy.

5.2. The Website Owner shall not be liable for any direct or indirect losses resulting from the use of the Website or any of its parts/Services by the User or unavailability of such use. The Website Owner shall not be liable for any third party complaints or claims, or any third party losses including, but not limited to, damages for loss of profits, punitive damages, or damages caused by the consequences of using the Website.

5.3. The Website Owner shall not be liable regardless of the cause or duration for any errors, inaccuracies, or other defects in the information published on the Website, for its unreliability, or for any delay or interruption in delivering such information to the User, or for any resulting complaints, claims or losses, except for the cases directly established by law. The Website Owner does not warrant timeliness of provision, сonsistency, accuracy, and completeness of the provided information, except for the cases directly established by law. The Website Owner does nor grant any warranties regarding the potential results of use of such information. The Website Owner shall in no way be liable for accuracy or reliability of any opinions, recommendations, or statements of third parties published on the Website, unless such statements are made by authorised representatives of the Website Owner while performing their jobs. The Website Owner shall under no circumstances be liable for losses or damages caused by the User using the third-party information obtained on the Website.

5.4. The Materials published on the Website reflect the personal opinion of the authors of the Material, which does not necessarily reflect the views of the Website Owner and for which the Website Owner has no liability.

5.5. If the User, while using the Website Materials, violates any provision of this Agreement, this means that they are used without the permission of the Website Owner, which constitutes a violation of the rights of the Website Owner and/or third parties and entails liability stipulated by the applicable law.

5.6. The User shall compensate the Website Owner for all losses incurred as a result of claims against the Website Owner from third parties whose rights were violated due to the User’s unlawful actions, and as a result of receipt of orders, warnings and other acts of competent public authorities, involvement of the Website Owner into judicial proceedings as a result of the User’s unlawful actions.

VI.

Other provisions

6.1. This Agreement shall be governed by the laws of the Russian Federation.

6.2. If the User discovers that he/she is the copyright holder of any Material published on the Website without his/her permission, provided such permission must be obtained according to the legislation of the Russian Federation, the User has the right to demand the Website Owner to delete such Material from the Website. Such a demand may be sent by e-mail to web@v-a-c.org and must contain the following information:

1) information about the copyright holder or the person authorised by the copyright holder (if the demand is sent by such person, it shall be accompanied by a copy of the document (in written or electronic form) confirming their authority: for individuals –first name, last name, patronymic (if applicable), passport details (series and number, issuing authority, date of issue), contact information (phone number and (or) fax number, e-mail address); for legal entities – name, location and address, contact information (phone number and (or) fax number, e-mail address);

2) information about the copyright- and/or related rights-protected item published on the Internet without the permission of the copyright holder or without other legal grounds;

3) indication of the domain name and (or) network address of the website on the Internet, where the copyright- and/or related rights-protected item is published without the permission of the copyright holder or without other legal grounds, or the information required for obtaining it through the use of information and telecommunication networks, including the Internet;

4) indication that the copyright holder has rights to the copyright- and/or related rights-protected item, published on the Internet website without the permission of the copyright holder or without other legal grounds;

5) indication of the lack of permission of the copyright holder for publishing the copyright- and/or related rights-protected item on the Internet, or the information required for obtaining it through the use of information and telecommunication networks, including the Internet;

6) claimant's consent to the processing of his/her personal data (for individuals).

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