User agreement
1. GENERAL1.1. This User Agreement (hereinafter, the "User Agreement") relates to the website of the Internet resource NextBio, at the address www.nextbio.ru, and all relevant websites related to the website www.nextbio.ru.
1.2. The website of the Internet resource NextBio (hereinafter, the "Website") is the property of NextBio LLC.
1.3. This Agreement governs the relations between the Administration of the website of the Internet resource NextBio (hereinafter, the "Website Administration") and the User of the said Website.
1.4. The Website Administration reserves the right to amend, supplement or delete the clauses of this Agreement at any time without notifying the User.
1.5. By continuing to use the website, the User accepts this Agreement and the amendments hereto.
1.6. The User shall be personally responsible for checking this Agreement for any amendments.
2. DEFINITIONS
2.1. For the purposes of this Agreement, the terms below shall have the following meanings:
2.1.1. NextBio: an Internet resource hosted on the domain name www.nextbio.ru which performs its activities through the Internet resource and the associated services.
2.1.2. Internet resource: a website containing information about the Goods and the Seller which allows one to choose, order and/or buy the Goods.
2.1.3. Internet resource website Administration: employees authorized to manage the Website acting on behalf of NextBio LLC.
2.1.4. Internet resource website User (hereinafter, the "User"): a person who has access to the Website through the Internet and uses the Website.
2.1.5. Content of the Internet resource website (hereinafter, the "Content"): protected intellectual property, including the texts of literary works, their titles, introductions, notes, articles, illustrations, covers, musical works with or without lyrics, graphic, text, photographic, derivative, composite and other works, user interfaces, trademark names, logos, software, databases, as well as the design, structure, choice, coordination, appearance, general style and location of the said Content included in the Website and other intellectual property, together and/or separately, located on the Internet resource website.
3. SUBJECT MATTER OF THE AGREEMENT
3.1. The subject matter of this Agreement is granting the Internet resource User access to the Goods available on the Website and to the provided services.
3.1.1. The Internet resource shall provide the following services to the User:
• free-of-charge access to the electronic content, with the right to acquire (download) and view content;
• access to the search and navigation tools of the Internet resource;
• granting the User the possibility to post messages, comments and User reviews and to rate the Internet resource content;
• free-of-charge access to information on the Goods and to information on the purchase of the Goods;
• other services provided on the Internet resource, including paid services.
3.1.2. This Agreement covers all currently existing (actually functioning) services of the Internet resource, as well as any subsequent modifications thereof and additional services of the Internet resource.
3.2. Access to the Internet resource is provided free of charge.
3.3. This Agreement is a public offer. By obtaining access to the Website, the User is deemed to have adhered to this Agreement.
3.4. The use of the Website materials and services shall be governed by the applicable laws of the Russian Federation.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Website Administration shall have the right to:
4.1.1. Amend the terms of use of the Website, as well as the content of the Website. The amendments shall become effective from the time of publication of the amended Agreement on the Website.
4.1.2. Restrict access to the Website if the User violates this Agreement.
4.1.3. Collect, analyze, use and share (including on a paid basis) information about the User available on the Website, including, without limitation, information on the User's contact details and personal data, information on the User's actions on the Website, etc.
4.2. The User shall have the right to:
4.2.1. Obtain access to the Website.
4.2.2. Use all the services available on the Website and buy any Goods offered on the Website.
4.2.3. Ask any questions related to the Internet Resource services using the contact details in the section of the NextBio LLC Website.
4.2.4. Use the Website exclusively for the purpose and in the manner provided for by the Agreement and not prohibited by the laws of the Russian Federation.
4.3. The Website User shall:
4.3.1. At the Website Administration's request, provide additional information directly related to the services provided on the Website.
4.3.2. Respect the property and non-property rights of the authors and other rightholders when using the Website.
4.3.3. Refrain from any actions which may be regarded as disrupting the normal operation of the Website.
4.3.4. Not use the Website to disclose any confidential information or information protected by the laws of the Russian Federation on individuals and legal entities.
4.3.5. Refrain from any actions which may lead to a violation of the confidentiality of information protected by the laws of the Russian Federation.
4.3.6. Not use the Website for advertisement without the consent of the Website Administration.
4.3.7. Not use the services of the Internet resource website for the following purposes:
4.3.7.1. loading content which is illegal or violates any rights of third parties; promotes violence, cruelty, hate and/or discrimination based on race, nationality, gender, religion or social status; or contains incorrect information and/or abuse against specific persons, organizations or government authorities.
4.3.7.2. inciting others to commit illegal actions, as well as assisting persons whose actions are aimed at violating restrictions and prohibitions in force in the Russian Federation.
4.3.7.3. violating the rights of minors and/or causing them harm of any kind.
4.3.7.4. violating minorities' rights.
4.3.7.5. posing as another person or a representative of an organization and/or association without the relevant rights, including as an employee of the said Internet resource.
4.3.7.6. misleading others about the properties and characteristics of any Goods from the Internet resource catalog published on the Website.
4.3.7.7. inappropriately comparing Goods, as well as forming a negative attitude toward persons who use (do not use) specific Goods or condemning such persons.
4.4. The User may not:
4.4.1. Use any devices, programs, procedures, algorithms and methods, automated devices or equivalent manual processes to access, acquire, copy or track the content of the Internet resource Website;
4.4.2. Disrupt the proper operation of the Website;
4.4.3. In any way bypass the Website navigation structure to obtain or try to obtain any information, documents or materials by any means which are not specifically provided by the Website services;
4.4.4. Gain unauthorized access to the functions of the Website or any other systems or networks related to the Website, as well as to any services offered on the Website;
4.4.5. Violate the security or authentication system on the Website or on any network related to the Website.
4.4.6. Perform a reverse search or track or try to track any information about any other Website User.
4.4.7. Use the Website and its Content for any purposes prohibited by the laws of the Russian Federation or encourage any illegal activities or other activities violating the rights of the Internet resource or of other persons.
5. USE OF THE WEBSITE
5.1. The Website and the Content included in the Website belong to and are managed by the Website Administration.
5.2. The Website content may not be copied, published, reproduced, transferred or distributed in any way or published on the Internet without the written consent of the Website administration.
5.3. The content of the Website is protected by copyright, by the law on trademarks and by other rights related to intellectual property and by the laws on unfair competition.
5.4. The creation of a User personal account may be required to use certain services on the Website.
5.5. The User shall be personally responsible for keeping the information on the personal account confidential, including the password, as well as for all activities, without exceptions, carried out on behalf of the personal account User.
5.6. The User shall immediately notify the Website Administration of any unauthorized use of his/her personal account or password or any other violation of the security system.
5.7. The Website Administration shall have the right to unilaterally delete the User's personal account if it has not been used for more than six (6) consecutive calendar months, without notifying the User.
5.8. This Agreement shall apply to all additional terms and conditions on the purchase of Goods and provision of services available on the Website.
5.9. The information published on the Website shall not be interpreted as an amendment to this Agreement.
5.10. The Website Administration shall have the right, at any time and without notifying the User, to make changes in the list of Goods and services offered on the Website and/or in the sale prices for such Goods and/or services available on the Internet resource.
5.11. The documents specified in Clauses 5.11.1 - 5.11.5 hereof regulate the use of the Website by the User to the relevant extent and apply thereto. This Agreement includes the following documents:
5.11.1. Confidentiality policy;
5.11.2. Agreement for the online sale and purchase of goods;
5.11.3. Order form;
5.11.4. Comments and suggestions;
5.11.5. Consent of the Website visitor to personal data processing.
5.12. Any document listed in Clause 5.11 hereof may be updated. The amendments shall become effective from the time of their publication on the Website.
6. LIABILITY
6.1. The Website Administration shall not refund any losses which the User may incur in the event of intentional or negligent violation of any provision hereof or due to unauthorized access to the communications of another User.
6.2. The Website Administration shall not be liable for:
6.2.1. Delays or failures in the process of performing operations due to force majeure, as well as to any malfunctions in telecommunications, computer, electrical and other related systems.
6.2.2. The actions of transfer, banking or payment systems and any delays related to their operation.
6.2.3. The proper functioning of the Website if the User does not have the necessary technical means to use it. The Website Administration shall also not be obliged to provide users with such means.
6.2.4. The content of the information published on the Website.
6.3. The User shall be personally liable for the interpretation and use of the content (information) published on the Website.
7. VIOLATION OF THE USER AGREEMENT TERMS AND CONDITIONS
7.1. The Website Administration shall have the right to disclose any information collected about a Website User if such disclosure is necessary in connection with an investigation or claim concerning unlawful use of the Website or to identify a User who may violate or interfere with the rights of the Website Administration or the rights of other Website Users.
7.2. The Website Administration shall have the right to disclose any information about the User which it may deem necessary to fulfill the requirements of applicable laws or court rulings, to ensure the performance of this Agreement or to protect the rights or safety of NextBio LLC and of the Users.
7.3. The Website Administration shall have the right to disclose information about the User if the applicable laws of the Russian Federation require or allow such disclosure.
7.4. The Website Administration, without giving any preliminary notice to the User, shall have the right to suspend and/or block access to the Website if the User has violated this Agreement or the Website terms of use contained in other documents, as well as in the case of termination of the Website's activities or due to technical malfunction or issues.
7.5. The Website Administration shall not be liable to the User or third parties for the suspension of access to the Website due to violation by the User of any provision of this Agreement or of another document containing the Website terms of use.
8. DISPUTE RESOLUTION
8.1. In the event of any disputes or controversies between the Parties hereto, the submission of a claim (written proposal of voluntary settlement) shall be a mandatory condition before going to court.
8.2. The recipient of the claim shall notify the sender of the claim in writing about the results of consideration of the claim within thirty (30) calendar days from the date of its receipt.
8.3. If the dispute cannot be settled amicably, either Party shall have the right to seek the protection of its rights under the laws of the Russian Federation in court.
8.4. Any court claim concerning the Website terms of use shall be filed within the limitation period after the emergence of the grounds for the claim, except for the protection of copyright to the Website materials protected by law. In the event of a violation of this clause, any claim or grounds for a claim shall be invalid due to expiry of the limitation period.
9. MISCELLANEOUS
9.1. The Website Administration shall not accept counter proposals from the User concerning amendment of this User Agreement.
9.2. The User's reviews published on the Website are not confidential information and may be used by the Website Administration without limitation.