User agreement

Version No. 1                                                                                                   "03" March 2020

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SITE. USE OF THE SITE IS PERMITTED ONLY IN COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. BY ACCEPTING THIS AGREEMENT, YOU MAKE A COMMITMENT TO BE BOUND BY THE AGREEMENT BELOW.

1. GENERAL REGULATIONS

1.1. The User Agreement (hereinafter referred to as the Agreement) is addressed to the Editorial Board of the Journal of Oceanological Research of the Federal State Budgetary Institution of Science Shirshov Institute of Oceanology of the Russian Academy of Science OGRN: 1037739013388, TIN/KPP: 7727083115 KPP 772701001, location Moscow, Nakhimovsky Prospekt 36, of. 203 , hereinafter referred to as the “Site Administration” and/or the “Editorial Board”, to any person using the site hosted on the Internet at: https://jor.ocean.ru (hereinafter referred to as the Site), hereinafter referred to as the “User ”, with a proposal to conclude an agreement on the conditions set out below.

1.2. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, this Agreement is recognized as an offer (public offer). In accordance with the Article 438 of the Civil Code of the Russian Federation, the acceptance of the terms of this Agreement is considered to be the performance of the actions set forth in the Agreement. The agreement concluded by accepting this offer does not require bilateral signing and is valid in electronic form.

1.3. The User is not entitled to enter into this Agreement if he has not reached the age sufficient for its conclusion, in accordance with the current legislation.

2. TERMS AND DEFINITIONS

The terms in this section used in this Agreement, unless otherwise specified, will have the following meanings:

2.1. Site Administration - Editorial Board of the Journal of Oceanological Research of the Federal State Budgetary Institution of Science Shirshov Institute of Oceanology of the Russian Academy of Science OGRN: 1037739013388, TIN/KPP: 7727083115 KPP 772701001, location 117997, Moscow, Nakhimovsky Prospekt 36, of. 203, which has all rights in relation to the Site.

2.2. Site - a set of programs for electronic computers and other information contained in the information system, access to which is provided through the Internet information and telecommunication network and located at: https://jor.ocean.ru.

2.3. Offer - an offer to any person to conclude an agreement on the terms and conditions exhaustively set forth in this Agreement.

2.4. Acceptance is the full and unconditional consent of a person to conclude an agreement on the terms and conditions set forth in this Agreement. For the purposes of this Agreement, acceptance is the moment from which the User actually started using the Site.

2.5. Personal account - an individual section of the Site, access to which is carried out by the User by entering the login and password of his account known only to him.

2.6. Account - a set of data about the User used to identify him and containing information about the User.

2.7. Content - any text, graphics, audio, video, and other materials posted on the Site.

3. SUBJECT OF THE AGREEMENT

3.1. The Site Administration grants the User a simple (non-exclusive) license to use the Site and the content posted on the Site, on the terms and conditions set forth in this Agreement.

3.2. The Site Administration confirms that it has all exclusive rights in relation to the Site.

3.3. The User confirms that, by making an acceptance, he has read the terms of this Agreement and the terms of the Agreement are clear to him.

3.4. The text of this Agreement is posted on the Site. The Site Administration has the right to change this Agreement at any time. The terms of the Agreement cannot be changed except by posting the amended document on the Site.

4. REGISTRATION OF ACCOUNT

4.1. In order to gain access to additional features of the Site, the Site Visitor must go through a free account registration procedure.

4.2. To register an account, the User is obliged to indicate his/her true, complete and up-to-date data, as well as to indicate the login and password in the appropriate fields of the form posted on the Site.

4.3. The Site Administration reserves the right to establish a procedure for confirming the registration of an account, as well as to introduce requirements for the User's login and password in order to ensure the security of the account.

4.4. The User is personally responsible for the security and resistance to hacking by third parties of the password chosen by the User, and independently ensures its confidentiality. The user undertakes not to disclose to third parties the login and password specified during registration.

4.5. The User confirms that, any actions performed under his account (including, without limitation, clicking the buttons to confirm consent to any agreements and rules) will be regarded as authorized by the User himself, unless proven otherwise.

4.6. The Site Administration reserves the right to check the data provided by the User for compliance with clause 4.2. present agreement. In the event that the Site Administration considers the data provided by the User to be inconsistent with clause 4.2. of this Agreement, the Site Administration reserves the right not to provide the User with access to the personal account and (or) to block access to the personal account.

5. RIGHTS AND OBLIGATIONS

5.1. The user has the right:

5.1.1. 24/7 access to the Site, except during preventive maintenance.

5.1.2. Use the Site within the limits defined by this agreement.

5.2. The user undertakes:

5.2.1. Comply with the terms of this Agreement.

5.2.2. Not distribute any malware that damages, interferes with, intercepts, expropriates, or otherwise violates the integrity of software or hardware systems associated with this Site, as well as or personal information of other Users.

5.2.3. When registering an account on the Site, provide information about yourself, as well as keep it up to date. The user confirms that the information provided by him complies with clause 4.2. present Agreement.

5.2.4. Do not copy, reproduce, republish, make transactions with the content of the Site, and do not use the Site to participate in similar activities of the Site Administration.

5.2.5. Do not upload, publish, otherwise make available on the Site any information that violates the requirements of applicable law or that, in the opinion of the Site Administration, violates the rights and interests of other citizens and legal entities or is undesirable for posting on the Site for other reasons, including, but without limitation, information that violates the intellectual rights of third parties, contains threats, discredits, offends, defames the honor and dignity or business reputation or violates the privacy of other Users or third parties, contains obscene language, contains pornographic images, promotes and (or) contributes to inciting racial, religious, ethnic hatred or enmity, contains information of restricted access, including, but not limited to state and commercial secrets.

5.2.6. Fulfill other obligations stipulated by this Agreement, as well as comply with all applicable laws and other regulatory legal acts when using the Site.

5.3. The Site Administration has the right to:

5.3.1. Suspend access or delete the User's account, as well as impose other restrictions on the use of the Site, if the Site Administration has reasonable grounds to believe that the User is violating the terms of this Agreement.

5.3.2. Establish restrictions on the use of the Site for certain categories of Users, which depends, in particular, but not limited to, the territory where the User is located, the language in which the Site is provided, the maximum size of information that can be uploaded by the User to the Site.

5.3.3. Delete or modify any information posted by the User on the Site that violates the requirements of current legislation, the rights and interests of other citizens and legal entities, or is undesirable for posting on the Site.

5.3.4. Do not check the content of any information transmitted by the User through the Site.

5.3.5. Terminate this Agreement with the User and refuse to execute it if the User fails to comply with the terms of this Agreement.

5.3.6. At any time, change the text of this Agreement unilaterally.

5.4. The Site Administration undertakes:

5.4.1. To ensure the availability of the Site around the clock, except for the time of preventive maintenance.

5.4.2. Not to carry out any actions that may lead to the impossibility of using the Site by the User.

6. TERMS OF USE OF THE SITE

6.1. The Site Administration grants the User a personal, worldwide, royalty-free, non-exclusive, limited and non-assignable license to use the Site on the terms and conditions set forth in this Agreement.

6.2. The Site Administration grants the User the right to use the Site solely for purposes that do not contradict the current legislation. Unless otherwise provided by this Agreement, the User has no right to: collect, copy, distribute, demonstrate, modify, use automatic devices, programs, algorithms that perform functions in the field of accessing or copying any part of the Site, download any part of the Site, except for short-term downloading (caching) for the purposes of using the Site.

6.3. The User has the right to upload, publish, otherwise make information available on the Site, thereby providing the Site Administration with a royalty-free, non-exclusive, worldwide license to use such information for the duration of the exclusive rights. The Site Administration is not obliged to provide the User with reports on the use of the information posted by him.

6.4. The User is fully responsible for the compliance of all information posted on the Site with the requirements of applicable law, including liability to third parties in cases where the User's placement of such information on the Site or its content violates the rights and legitimate interests of third parties. The Site Administration has the right to edit (moderate) the information posted by the User on the Site.

6.5. Termination of this Agreement will immediately terminate all licenses and rights to use the Site. Termination of the Agreement does not affect the obligations of the User, imposed by the terms of this Agreement, to the Site Administration, which, within reasonable limits, must be maintained after the termination of the Agreement.

7. RESPONSIBILITY

7.1. The Site Administration makes every possible effort to ensure the operation of the Site, but does not guarantee its continued availability, uninterrupted and timely provision, security, accuracy, and the absence of errors in the operation of the Site. The only option available to the User in connection with the above problems is the immediate termination of the use of the Site.

7.2. The use of the Site is provided to the User “as is” and is carried out at his own risk and without any guarantees from the Site Administration, whether express or implied warranties, including, without limitation, warranties or conditions of quality assurance, performance, commercial suitability, or suitability for using the Site for other purposes. The Site Administration is responsible for guilty non-fulfillment or improper fulfillment of its obligations.

7.3. The Site Administration does not bear any responsibility, whether it is contractual liability or liability for causing harm, regardless of whether the Site Administration was notified of the possibility of these violations or damage associated with or resulting from the use of the Site by the User, including, without limitation, for damages resulting from:

7.3.1. Downloading by the User or otherwise obtaining data through the Site. No recommendations received by the User orally or in writing from the Site Administration create any guarantees;

7.3.2. Disclosure to third parties of the information contained in the User's account, which occurred through no fault of the Site Administration;

7.3.3. Carrying out by the Site Administration of preventive work on the Site with the simultaneous termination of the use of the Site by the User;

7.3.4. The occurrence of the circumstances provided for in Section 8 of this Agreement;

7.3.5. Actions (inaction) of other Users.

7.4. The user is responsible for non-fulfillment or improper fulfillment of his obligations. If any person files a claim against the Site Administration resulting from a violation by the User of this Agreement and (or) the rights of such a person, including violation of exclusive rights, the User is obliged to enter into legal proceedings as a third party, provide appropriate compensation and protect the Site Administration from damages such third party.

8. FORCE MAJOR

8.1. If we are unable to provide the use of the Site due to force majore, under the terms of this Agreement this should not be considered as a violation of our obligations towards the User.

8.2. Force majore circumstances that directly or indirectly affect the performance of this Agreement by the Site Administration include natural disasters, impacts of forces or causes beyond Our reasonable control, including, but not limited to: disconnection of the Internet, computers, telecommunications or any other equipment failures, power outages, actions of public authorities, including decisions of domestic or foreign courts or tribunals, or default by third parties.

9. CLAIMS AND NOTICES

9.1. In the event of disputes between the Site Administration and the User arising from this Agreement, the claim procedure for their settlement is mandatory.

9.2. The User has the right to send a written reasoned claim to the Site Administration if he believes that the Site Administration violates the terms of this Agreement. Claims that do not allow the User to be identified are not considered by the Site Administration.

9.3. The Site Administration has the right to send a written motivated claim to the User, who, in the opinion of the Site Administration, violates the terms of this Agreement.

9.4. The term for consideration of the claim is 30 (thirty) days from the date of its receipt by the addressee.

9.5. In case of failure to resolve the dispute arising from this Agreement in a claim procedure, the dispute is subject to consideration in court at the location of the Site Administration.

10. NEWSLETTER

10.1. The Site Administration respects the right of each User to receive only such messages to which he has expressed his consent. The Site Administration, when sending such messages, adheres to the Policy for sending notifications and advertising information posted on the Site.

11. FINAL REGULATIONS

11.1. This Agreement between the Site Administration and the User fully regulates the use of the Site by the User, including all functions and services of the Site, replacing any previous written or oral agreements regarding the content of this document. Due to the gratuitous nature of actions to use the Site, the Law of the Russian Federation of February 7, 1992 N 2300-I "On Protection of Consumer Rights" does not apply to relations between the Site Administration and the User.

11.2. Taking into account the principle of equality and independence of the parties, no labor, agency, partnership relations other than relations on the use of the Site between the Site Administration and the User can be established by this Agreement. The above relations, as well as any others, are established by separate agreements between the Site Administration and the User.

11.3. If any provision of this Agreement or part thereof shall be found to be unenforceable by any judicial or administrative authority having jurisdiction, such provision or part thereof shall be removed from this Agreement without any prejudice to the legality, effectiveness, enforceability performance of the remaining provisions of this Agreement.

11.4. Inaction or delay in the implementation by the Site Administration of its legal rights or claims for damages provided for in this Agreement does not mean the Site Administration waives its legal rights.

11.5. The Site Administration reserves the right to make changes to this Agreement. Changes come into force from the moment they are published on the Site. The User hereby acknowledges and agrees that his use of the Site after making changes to this Agreement automatically means that the User agrees with the changes made.

11.6. The titles of the sections of this Agreement are for reference purposes only and do not define, limit, or interpret the content of the respective section in any way.

11.7. The operation of this Agreement is subject to the legislation of the Russian Federation.

11.8. This Agreement is drawn up in Russian and translated in English.

Editorial Board of the Journal of Oceanological Research of the Federal State Budgetary Institution of Science Shirshov Institute of Oceanology of the Russian Academy of Science,
OGRN: 1037739013388,
TIN: 7727083115
KPP: 772701001.
Legal/actual address: of. 203, 36, Nakhimovskiy prospect, Moscow, 117997, Russia,
Tel. +7 495-719-0035.