This Agreement (hereinafter referred to as the "Agreement") shall govern relationship on the use of the site https://transportforum.ru / arising between THE ASSOCIATION OF TRANSPORT AND LOGISTICS MARKET PARTICIPANTS "DIGITAL TRANSPORT AND LOGISTICS", (PSRN 1197700006900, TIN 9706000104; hereinafter referred to as the "Site Administrator") and any person who has agreed to conclude this Agreement on the terms and conditions as set out below (hereinafter referred to as the "User"), hereinafter collectively referred to as the "Parties", and separately as the "Party".
The Agreement is a public offer in accordance with Article 437 of the Civil Code of the Russian Federation, where commission of the actions provided for herein is deemed as its acceptance of the terms and conditions (acceptance).
1.1. The terms hereof contain the following definitions:
1.1.1 "Acceptance" means full and unconditional acceptance of the terms and conditions hereof by performing the following actions: viewing the site, clicking on any active button on the site, completing and sending a feedback form.
1.1.2. "Website" means a set of web pages hosted on a virtual server and forming a single structure located on the Internet at: https://transportforum.ru /, which are administered and maintained by the Site Administrator.
1.1.3. "Content" means any information presented in text, graphic, audio-visual (video) formats on the Site, being its content.
1.2. If terms not defined by this section are used in the Agreement, they shall be interpreted in accordance with the text of the Agreement.
2. Subject of the Agreement
2.1. This Agreement shall define the terms and conditions and procedure for using the results of intellectual activity, including the elements of the Site content, the liability of the Parties and other features of the functioning of the Site and the relationship between the Site Users and the Site Administrator, as well as among each other.
2.2. By accepting the terms and conditions hereof by their Acceptance, the User shall confirm that it has read, agreed, fully and unconditionally accepted all the terms and conditions hereof, undertaken to comply with them.
2.3. The Agreement shall come into force from the moment of acceptance of the terms and conditions by the User. The Agreement may be amended by the Site Administrator without special notice, the new version of the Agreement shall come into force from the moment of its posting on the Site. The effective version of the Agreement is available for the User at the following URL http://en.trasportforum.ru/soglashenie
3. Liabilities and Obligations of the Parties. Site usage procedure
3.1. The Site Administrator shall perform routine management of the Site, independently determine its structure and appearance.
3.2. The Site Administrator is obliged to:
3.2.1. Independently solve the issues regarding placement of order of any materials on the Site, including advertising. By accepting the terms and conditions hereof, the User shall give its consent to familiarize itself with the advertising materials, for which the advertiser is responsible for. If the Site contains any links to other Internet sites that the User has got access to in connection with the use of the Site, the Site Administrator shall not be liable for the information posted on them.
3.2.2. Change the design and user interface of the Site, its content, the functions provided, the Site content and other objects used or stored on the Site at any time.
3.2.3. Delete without warning any content, including those that violate and (or) may violate the legislation of the Russian Federation, the provisions hereof, the rights of Users or third parties.
3.2.4. Make any comments to the User, warn, notify, inform it of non-compliance with the provisions hereof. The instructions of the Site Administrator given to the User shall be mandatory for the User.
3.2.5. Temporarily terminate operation of the Site, as well as partially restrict or completely terminate access to the Site until the required maintenance and (or) modernization of the Site is completed.
3.2.6. Collect information about the Users' preferences and the ways they use the Site (the most frequently used functions, settings, preferred time and duration of work with the Site, etc.), which is not personal data, to improve the operation of the Site, diagnose and prevent any Site failures.
3.2.7. Collect, store and process the Users' personal data, including IP address, cookies, browser information, as well as any other data in accordance with the Personal Data Processing Policy published at: http://en.trasportforum.ru/politika
3.2.8. Exercise other rights stipulated in other articles hereof.
3.3. The Site Administrator is obliged to:
3.3.1. Ensure confidentiality of the information entered by the User when using the Site, except in cases of posting of such information in open-to-public sections of the Site.
3.3.2. Consult the User on the operation of the Site at its request.
3.3.3. Exercise other rights stipulated in other articles hereof.
3.4. The User is obliged to:
3.4.1. Use the Site in accordance with the terms and conditions hereof.
3.4.2. Contact the Site Administrator to provide it with assistance in using the Site.
3.4.3. Exercise other rights stipulated in other articles hereof.
3.5. The User is obliged to:
3.5.1. Use the Site and its Content without violating the property and/or personal non-property rights of third parties, the provisions hereof and other special documents of the Site Administrator, as well as prohibitions and restrictions established by the legislation of the Russian Federation, including without limitation: copyright and related rights, rights to trademarks, service marks and appellations of origin, rights industrial designs, rights to use images of people.
3.5.2. Prevent posting and transmission of the materials of illegal, indecent, defamatory, defamatory, threatening, pornographic, hostile nature, as well as containing harassment and signs of racial or ethnic discrimination, calling for actions that may be deemed as criminal offense or other violation of the legislation of the Russian Federation, as well as deemed as unacceptable for other reasons, materials, propagandizing the cult of violence and cruelty, materials containing obscene language.
3.5.3. Not attempt to copy in any form, as well as change, supplement, distribute the Site, the content of the Site (or any part thereof), as well as not attempt to create any derivative objects based on the Content without the prior written consent of the Site Administrator.
3.5.4. Do not perform any actions that violate the normal operation of the Site.
3.5.5. Do not distribute advertising materials in personal messages to other Users and the Site Administrator without their prior consent to receive such materials (spam).
3.5.6. Exercise other rights stipulated in other articles hereof.
3.6. The User shall be solely liable to third parties for its actions related to the use of the Site, including if such actions have caused violation of the rights and legitimated interests of third parties, as well as for non-compliance with the legislation of the Russian Federation when using the Site.
3.7. The Site Administrator hereby shall grant the User an ordinary (non-exclusive) license to use the Content elements of the Site as follows:
3.7.1. Use the Site for viewing, familiarization, making comments and other records and performing other available functionality of the Site, including by playing on the monitor (screen) of a personal computer, mobile phone or other device.
3.7.2. Briefly upload to computer memory for the purposes of using the Site and its functionality.
3.7.3. Cite elements of the Site Content indicating the source of the citation, including a link to the URL of the Site.
3.8. Within exercise of the exclusive right to the Site Content elements, the User is not liable to perform the following actions:
3.8.1. Modify or otherwise rework the Site, including translating it into other languages.
3.8.2. Copy, distribute or process the materials and information contained on the Site, except in cases where it is necessary and caused by the implementation of functionality available to a specific User.
3.8.3. Violate the integrity of the security system or perform any actions aimed at bypassing, removing or deactivating technical means of protection; use any program codes designed to distort, delete, damage, simulate or violate the integrity of the Site, transmitted information or protocols.
3.9. Any rights with respect to the Site and elements of its Content that are not explicitly granted to the User in accordance herewith shall be reserved for the Site Administrator.
3.10. No provisions hereof shall grant the User the right to use the brand name, trademarks, domain names and other distinctive signs of the Site Administrator. The right to use the brand name, trademarks, domain names and other distinctive signs by the Site Administrator may be granted exclusively by written agreement with the Site Administrator.
3.11. The Site shall be provided by the Site Administrator "as it is", without warranty obligations or any obligation to eliminate deficiencies, operational support and improvement.
4. Liabilities of the Parties
4.1. The Parties shall be liable for non-fulfillment or improper fulfillment of commitments hereunder in compliance with the applicable laws of the Russian Federation.
4.2. The Site Administrator shall not be liable for any technical interruptions in the operation of the Site.
4.3. The Site Administrator shall not be liable for any User actions related to the use of the granted rights to use the Site and its Content.
4.4. The Site Administrator shall not be liable for the User's losses resulting from use of the Site, including those that may arise from the User in connection with the restriction of the availability of the Site or due to the loss and / or disclosure of their data or during the use of the Site.
4.5. If any third party has filed a claim against the Site Administrator in connection with the User's violation hereof or applicable laws, the User's violation of the rights of third parties (including intellectual property rights), the User is obliged to compensate the Site Administrator for all costs and losses, including paying any compensation and other costs in connection with such a claim.
4.6. The Site Administrator shall not be liable for the Content if placed by Users that is available to other Users, as well as any opinions, recommendations or advice contained in such Content. The Site Administrator shall not perform a preliminary check of the content, authenticity and security of these materials or their components, as well as their compliance with the requirements of applicable law, and whether the User has the required scope of rights to use them without fail.
5. Settlement of Disputes
5.1. The Parties shall resolve all disagreements arising hereof through negotiations.
5.2. If the Parties have not settled the disagreements that have arisen of, the dispute shall be resolved in the court at the location of the Site Administrator in accordance with the legislation of the Russian Federation.