Under Article 435 of the Civil Code of Russian Federation, this User agreement (hereinafter referred to as the Agreement) is a public offer by Joint Stock Company Positive Technologies (hereinafter referred to as the Company) for using the website www.phdays.com/en/ (hereinafter referred to as the Website). This Agreement is addressed to any legal entity or individual (hereinafter referred to as the User) under the terms and conditions below.
Whenever the User performs any actions on using the Website, this shall be deemed to be conclusive acceptance of this Agreement.
1. Subject matter
- The Company provides the User with a free non-exclusive license for using the Website.
- The User shall use the Website in accordance with the terms and conditions of the Agreement.
- The User shall use the Website in accordance with the current legislation, this Agreement of Russian Federation, and the following documents (hereinafter referred to as the Documents):
- User consent to personal data processing
- The Documents are an essential part of the Agreement and are binding on all parties to the Agreement.
- In the case of any discrepancies between the Agreement and the Documents, the Agreement shall prevail.
- Any actions performed by the User on the Website shall be deemed to be performed by the User in person.
- The Website is provided "as is."
- The User will assume any risks connected with the use of the Website.
- The Company does not give the User any explicit or implicit guarantees in relation to the Website and/or any information placed thereon, including elements of design, text, graphic images, pictures, photos and etc., belonging to the Company or third parties (hereinafter referred to as the Content). The Company does not guarantee (including but not limited to) fitness for a particular purpose (including commercial purposes), security and safety, accuracy, completeness, high performance, system integration, uninterrupted operation, absence of errors, troubleshooting, or legitimacy of use on any territory outside of Russia.
- Wireless and wired operators providing access to the Website, affiliated persons, suppliers, or agents do not give any guarantees in relation to the Website.
- Terms and conditions for participation in any events hosted by the Company are subject to Participation Rules.
3. Prohibited actions
- Attempt to obtain access to other User's personal data in any way, including but not limited to by means of deception, abuse of trust, or hacking the Website.
- Undertake any actions, including technical actions, aimed to disrupt normal operation of the Website.
- Use any technical means for collecting and processing the Website information, including personal data of other Users.
- Undertake any actions to bypass technical restrictions.
- Copy, modify, create derivative materials, decompile, analyze with a disassembler, or attempt to extract the source code, or to amend the Website by any other means.
- Attempt to mislead other Users or the Company by any means.
- Attempt to impersonate another person or their representative without relevant rights, including the Company or its personnel, or attempt to use any other forms or means of illegitimate impersonation.
- Use information regarding phone numbers, post addresses, email addresses for spamming, including commercial or non-commercial messages.
- Use any Website content, including but not limited to, text, pictures, or graphics.
- Use the Company's trademarks. The Website may also contain third-party trademarks. Such trademarks are placed on the Website for information only, and the Company is not the rightholder of the same. Use of such trademarks is also prohibited.
The User shall not:
4. Intellectual property
- The Company is the rightholder of the Website and its components (including the source code, design, layout, database).
- The Company guarantees that it is the rightholder of the Content it has placed, or that it is entitled to use such Content.
- The non-exclusive license to the Website is limited to the right for use, while none of the Agreement's provisions means the transfer to the User of any exclusive right to the Website and its components.
- The non-exclusive license is provided throughout the world for the validity period of the Agreement.
- Any use of the Website or its content, save for the use permitted under the Agreement or by the rightholder's explicit consent, is prohibited without the rightholder's explicit written consent.
5. User queries
- The Company is entitled to provide the User with advice at the following email address: email@example.com.
- The User must specify their contact details and text of the query. The query may contain attached documents.
- Query handling procedure:
- Within 5 (five) business days from query receipt, the Company will check completeness of information contained in the query.
- If the information is complete, the Company will provide the User with a reasoned response at the specified email address within 5 (five) business days from the check completion date.
- If the information is incomplete, the Company will request additional data to be provided by the User within 5 (five) business days from the date on which the company sent a request to the User's email address.
- If the User has not provided any additional data and/or documents, the User's request shall be deemed to be revoked.
6. Rights of the Company
The Company is entitled to:
- Amend, improve, and update the Website without informing the User or requesting consent from the User.
- Set any restrictions for using the Website.
- Collect any data to obtain statistics of Website usage.
- Perform preventive maintenance resulting in temporary disruption of the Website operation.
7. Personal data
- The Company processes the User's personal data for the purpose of this Agreement and under Federal Law on Personal Data (No. 152-FZ) dated 27.07.2006 (hereinafter referred to as the Law on Personal Data).
- If the User processes third parties' personal data, the User shall be solely liable for observing relevant measures for personal data protection in accordance with the Law on Personal Data protection and relevant by-laws.
8. Limitation of liability
- The Company shall not be held responsible for:
- Losses of the User
- Non-availability of the Website for reasons beyond its control
- Any actions or omissions of service providers
- Proper operation of services, networks, software, or hardware of third parties
- Any damage caused by any device or information carrier and/or caused to the User's software as a result of using the Website
- The Company's liability under the Agreement is limited to RUB 10, 000 (ten thousand Russian rubles).
- The User shall hold the Company harmless from any claims, demands and/or law suits arising out of violation of third parties' rights in case of the User's breach of the Russian legislation and shall repay to the Company all related damages (if any).
9. Validity period
- The Agreement shall remain in force from the time of acceptance until termination.
- The Agreement may be terminated at the User's written request to the following email address: firstname.lastname@example.org.
10. Settlement of disputes
- All disputes arising between the Company and the User shall be resolved according to the pre-court dispute settlement procedure. Responses to claims shall be provided within 30 (thirty) days from the date of receipt by the addressee.
- If the parties fail to reach an amicable solution, the case shall be referred to the court at the Company's registered place of business.
- The applicable law is the law of the Russian Federation.
- The Company is entitled to participate in resolving conflicts between Users.
11. Final provisions
- By providing their email address, the User entitles the Company to send to that address messages, notifications, queries, and information related to the Website.
- The Company is entitled to amend or augment the Agreement from time to time without notifying the User. A new version of the Agreement comes into effect once published on the Website.
- By continuing to use the Website after it has been amended or augmented, the User consents to the new terms and accepts them.
- All matters that are not regulated by the Agreement shall be resolved in accordance with the Russian legislation.
- If any provision of the Agreement is null and void under the Russian legislation, other provisions shall survive while the Agreement will be followed by the Parties in full with the exception of such null and void provision.
12. Company details:
JSC Positive Technologies Registered at: 107241, Moscow, Shelkovskoye shosse, 23А INN (Tax ID): 7718668887 / KPP (tax registration reason code): 771801001 Phone: + 7 495 744 01 44 Fax: + 7 495 744 01 87