General regulations of SchoolOut.ru services use

Table of Content

• Section I. General terms and definitions
• Section II. General conditions
• Section III. Personal services use
• Section IV. Rights and obligations of User
• Section V. Limitation of the Company responsibility
• Section VI. Compliance with the legislation and network rules
• Section VII. Force-Majeure
• Section VIII. Data confidentiality
• Section IX. User responsibility, service-blocking and service denial
• Section X. Final provisions

Section I. General terms and definitions

Prohibited materials — materials a) violating the current legislation of the Russian Federation; b) inciting the commission of unlawful acts, giving rise to social, race, national or religious hatred and strife, propagating social, race, national, religious or language superiority, as well as gender, age, ethnic and other forms of discrimination; containing calls for terrorist activity or condoning terrorism, different extremist groups, containing and/or propagating pornography, scenes, pictures and description of violence, cruelty, and the inhumane treatment of animals; c) affecting intellectual rights of third parties (including rights to any patent, trade mark, copyright and related rights); d) touching human dignity, honor and good name, business reputation (including offending, derogatory and libelous materials); e) violating rights to the protection of a citizen’s image, violating or creating a threat of violation of rights and interests of third parties, which protected by law; f) containing concealed inserts prepared using other technical methods, affecting peoples’ subconscience and/or having unfavorable effects on their health, containing data about methods and means of the development, production and use of drugs, places for drugs purchase, mind benders and their precursors, as well as propagating any advantages of using certain drugs, mind benders, their analogs and precursors; and g) materials which the User is not entitled to make available according to the law or any other contractual relations (including disclosing personal, family, commercial and any other information protected by the law or the agreement); h)prohibited advertizing information, junk mail, spam, pyramid schemes, chain letters; i) materials containing viruses or other computer codes, files or programs for breach, deletion or functionality restriction of any computer or telecommunication equipment or program, for unauthorized access and serial numbers of commercial software, logins, passwords and other means to get unauthorized access to paid resources on the Internet; j) references to resources the content of which does not comply with the current legislation of the Russian Federation; k) unauthorized publishing of information of an advertizing, commercial or agitating character;

Company — “Media Daily” Limited Liability Company.

Content — photo-, audio-, text-, graphic and other materials, including, but not limited to, musical and photographic compositions, literary works and other works protected by copyright, trademarks, patents and other rights in accordance with Russian Federation legislation.

Data Confidentiality — the obligatory requirement for the person who obtained access to personal data, not to disclose such data without the consent of the personal data subject or other legal basis.

Personal services — personal services located on the Internet at the addresses on the SchoolOut.ru domain (also hereinafter “services” or “personal services”).

User — user of the Company’s personal services according to the requirements of these Regulations.

Registered User — User of the Company’s personal services registered in the order established by these Regulations.

Unregistered User — User of the Company Personal services not registered in the order established by these Regulations.

Regulations — these General Regulations for the use of SchoolOut.ru services.

Section II. General conditions

These Regulations define conditions of the use of personal services, located on the Internet at the addresses on the SchoolOut.ru domain.

These Regulations include other documents periodically issued and published by the Company determining the use of personal services by Users.

The Owner of the personal services is the Company.

The User of the Company’s personal services can be a person whose personal law or the law of the government in which territory the person is and goes to the addresses in SchoolOut.ru domain for the Company services use, allows the person to agree with these conditions and undertake obligations in full under these Regulations. If the person who accesses the addresses on SchoolOut.ru domain does not comply with the abovementioned requirements, he/she shall immediately stop using the Company’s personal services.

A natural person automatically becomes a User and is bound by the provisions of the Regulations immediately upon factual use of any of the Company’s personal services. The conditions of these Regulations apply to all Users who are not forbidden to use/receive such services in accordance with the legislation of the Russian Federation or any other government, including those citizens of those governments or where the Users are registered (depending the fact what shall be applied) or from the territory of which they use the services. If the User does not agree with the provisions of these Regulations, he/she shall immediately stop using the Company’s personal services.

The Company’s personal services for Users shall be publicly-accessible and free unless otherwise stated. Certain services in the framework of the Company’s personal services are rendered to the User for a fee. Corresponding information about this fact is published in the framework of the service, provided that such information is not published in these Regulations.

By using the Company’s personal services accessible without registration in the Company’s personal services and/or during registration with the Company’s personal services, the User undertakes the rights and obligations, stipulated in the Regulations, connected with services use. If the User does not agree with the provisions of the Regulations, he/she shall immediately stop using the Company’s personal services.

Special conditions relating to the use of certain personal services can be additionally stipulated in the regulations and/or rules of the respective services.

In case of inconsistency between the provisions of the General Regulations and the regulations of certain other services, the provisions of the regulations of those certain services shall prevail.

Section III. Use of Personal services

Use of the Company’s personal services by Users shall be strictly in accordance with the provisions of these Regulations.

These Regulations can be amended by the Company at its own discretion without any special notifications to the Users.

An amended version of the Regulations is accessible for Users at the address http://www.schoolout.ru/staticpages/agreement/

If the User does not agree with the provisions of the amended Regulations, he/she shall immediately notify the Company in the written form and stop using the Company’s personal services. In such a case, the User bears all risks and responsibility connected with stopping the use of the Company’s personal services (including responsibility for payment of arising debts).

The use of the Company’s personal services is accessible to both Registered and Unregistered Users. The main difference for both categories of Users is the number of sections of the Company’s personal services, which area offered.

Unregistered Users can access sections of general-informational themes without the possibility to comment/correct etc. depending on the section’s nature.

Registered Users can access sections with the possibility to comment/correct etc. depending on the section nature.

During a new User’s the registration with the Company’s personal services, the User indicates true, obligatory registration information, chooses independently a unique registration name (login) from the list of available logins for registration and a password to access the Company’s personal services and the e-mail address. The Company sends the User an email, containing the chosen unique registration name (login), password and a unique reference for completing the registration at the specified e-mail address.

The created profiles (accounts) of the Registered Users are divided into types depending on the functions and available sections of the Company’s personal services.

User’s access to the Company’s personal services is through the use of a unified profile for all personal services. The Company identifies the User using the User’s registration name (login).

The User is entitled to access to Company’s personal services exclusively through the interface developed by the Company for the provision of such access.

The User does not have the right to place information containing Prohibited materials when this is clearly stipulated by the rules and/or Regulations of the services.

If the User uses copyrighted objects in the framework of the Company’s services, the User shall grant the Company, for free, non-exclusive rights to use the respective objects without limitation to the territory of use, necessary for the rendering of services by Users in the framework of the personal services in accordance with these Regulations.

The Company has the right not to register certain registration names (logins) or suspend the functioning of certain registration names.

The Company is entitled to send information on the development and use of the services to Registered Users by e-mail and other available means of communication.

The Company can provide Users of personal services with consultations, instructions and directions regarding the use of the Company’s personal services use, placement of information on the network and other technical questions.

Section IV. Rights and obligations of User

Unregistered Users may:

• Use the Company services available for the Unregistered Users;
• Forward to the Company requests for explanation of certain provisions of the Regulations for further use of the Company services;
• Carry out other actions complying with these Regulations and the current Russian Federation laws.

Unregistered Users are obliged:

• Not to breach these Regulations, copy and remove at any carriers the information placed on the network and materials available for them during the use of the personal services located on the Internet on SchoolOut.ru, available for the Unregistered Users;
• Not to use third parties’ data, including accounts, to get access to Registered Users opportunities;
• Not to act for the purpose of reformatting or recreating any part of Web pages, which are a part of the Company services or owned by the Company.

Registered Users have the right to:

• Use the Company’s services available for Registered Users;
• Place their Content, protected by the copyrights, trademarks, patents etc.;
• Forward to the Company requests for explanation of certain provisions of the Regulations for the proper use of the Company’s services;
• Carry out other actions complying with these Regulations and the Russian Federation’s current rules.

Registered Users are obliged:

• To provide true, correct and full information about themselves on the questions offered in the registration form and support this information in their current status;
• To indicate true information during registration;
• Not to mislead the Company and other Users by indicating in the Company’s services and during registration data identifying the registrable User with famous persons, political and public figures, cultural and show business figures etc.;
• Not to use third parties’ account;
• To notify the Company about any case of unauthorized access using their own login or password;
• Confirm registration by clicking the reference link. The reference is sent by e-mail to the address defined by the User when filling the registration form;
• Abide by the amended provisions of the Regulations in case of further use of the Company’s services after the corresponding amendments;
• Guarantee the existence of the appropriate rights to use, distribute and place without limitation of the territory and time, included in the Content of the protected materials, particularly the right to reproduction and making known, i.e. distribution of information to the public regarding the protected copyright and related rights objects in case of provision of free access to such materials and guarantee observance of the authors’ non-property rights and other right holders in accordance with Part IV of the Civil Code of the RF;
• To place information about the authors of musical and photographic compositions defining the carrier on which these compositions are recorded;
• To notify that the author of the content is indeed the User placing the original Content on the network (music without text, music with text, text, composition);
• To immediately inform the Company of the unauthorized use of works;
• To provide the Company with the documents confirming that the User is the right holder, if he thinks that their rights have been violated and in order to prevent the abuse of the rights;
• Not to place the Prohibited materials in the Content;
• To evaluate risks connected with use of the content at his own discretion, including the reliability, fullness and utility estimate of the Content.

The User does not have a right to sell, assign, pass for use, distribute, export, import or otherwise pass the materials placed at his own discretion, or materials placed by other Users, as well as rights to use/ access to his account.

The User is not entitled to place the materials, Intellectual property rights objects of third parties without their proper consent for distribution on the Internet, regardless of any territorial or time limitations. The Company is not responsible for inflicting harm as a result of such illegal distribution of third parties’ materials by the User. The User is responsible for the settlement of disputes and claims. The Company is entitled to block the User’s account at its own discretion for the period necessary to find the cause which lead to the rise of the certain disputes up to the settlement of the dispute by this User.

The User shall not to reproduce, duplicate and copy, sell and resell and also not to use for any commercial purposes any of the Company’s services and the access to such services, except when written permission is given to the User by the Company. The Company is not responsible under the agreements concluded between the User and the third parties.

Section V. Limitation of the Company’s responsibility

The Company guarantees safety of Content placed on the network. The Company is not responsible for any delays, failures, deletion or unsafe of any personal information of the User;

The Company is entitled to perform scheduled maintenance of hardware and software systems of the Company – which may result in the temporary suspension of the Company activity – after giving one day notification to Users before the start of work and stipulating its terms.

Suspension of the Company activity without prior notification of the Users is possible in cases of Force Majeure incidents or failures in hardware and software system of third parties cooperating with the Company or thirds party acts aimed to suspend or cease functioning of the Company.

The User understands and agrees that he/she uses the Company services at his/her own risk. The Company’s Personal services on the SchoolOut.ru domain are provided “as they are”. The Company is not responsible for SchoolOut.ru’s fitness for the User’s purpose.

The Company does not guarantee that SchoolOut.ru will comply with the User’s requirements; SchoolOut.ru will be available uninterruptedly, quickly, safely and without any errors; the results which can be received from the use of the service will be true and reliable; the quality of any product, service, information etc., achieved with SchoolOut.ru use will correspond to the User’s expectations; all errors in the programs will be corrected. The User can use any materials received by him using SchoolOut.ru at his/her own risks. The User is responsible for any damage inflicted to the User’s computer and data as a result of download of such materials.

The Company is not responsible for any direct or indirect damages that occur as a result of the use or impossibility to use SchoolOut.ru, unauthorized access to the User’s communications, claims or behavior of the third parties on SchoolOut.ru.

The User agrees that the Company reserves the right to terminate/block the User’s password and delete any part of the Content or the full Content for any reason, including i cases of non-use of the access or breach of the provisions of these Regulations. Given access to the Company services, the Company can at any moment to terminate/block access with or without prior notification. The User agrees that the Company is not responsible for termination of access to the Company’s services.

The Company is entitled to:

• Prohibit the use of certain logins and/ or delete them from circulation;
• Use the provided information the ensuring of observance of the current Russian Federation legislation requirements (including the prevention and/or restraint of Users’ illegal acts);
• Disclose the provided information in accordance with the current Russian Federation legislation in court, on law-enforcement authorities’ requirement and in other cases stipulated by the legislation of the Russian Federation;
• Change and/ or add to these Requirements at its sole discretion without any special notification;
• Delete Content at the request of the legal right holder if the Content’s placement by a User who is not the right holder of such Content;
• Demand the deletion of or delete Content if it is revealed that the Content does not comply with the requirements of the current legislation or possibly violates third parties’ rights;
• Control Content placed on the network to prevent the violation of third parties’ rights;
• Send informative messages, notices and other information to the Users;
• Annul the User’s registration and terminate/block the access to Company’s services in case of the repeated or essential violation of the Regulations by the User.

Under no circumstances is the Company responsible for any damages or losses incurred by the Users or third parties as a result of improper understanding or misunderstanding by the User of the consultations, instructions or orders regarding how to use of the Company’s personal services, placement of the information on the network and other technical questions.

The Company does not guarantee the usefulness of the provided services for certain needs. The User bears all risks connected with using the Company’s personal services.

The Company takes all responsible measures to guarantee uninterrupted and correct working of its services. At the same time, the Company services are rendered “as they are”: therefore, the Company is not responsible for any losses, damages, including moral damage incurred in the result of the use of or the possibility to use the services. The Company is particularly not responsible for failures and outages in the services work, information integrity, correctness and its delivery performance.

The Company is not responsible for information placed on the services by third parties and does not guarantee the quality, fullness and fidelity of such information.

The Company and its officials are not responsible for any requirements of third parties, which can arise in connection with the placement of information on the Company’s personal services, with the use of the Company Personal services by the Users, violation of these Regulations or third parties rights by him.

If a claim is made by the third parties Company in relation to information placed by the User in the framework of the Company’s Personal services (including, but not limited to, the claims of copyrights and/ or related rights owners, their authorized representatives or third parties), the User shall at his absolute discretion and at his expenses settle and compensate all losses incurred by the Company in full.

In this case, the Company is entitled to transfer data about the User, which became known to the Company as a result of rendering services in the framework of its Personal services to those persons whose access rights and obligations are established by the Russian Federation legislation.

Section VI. Compliance with the legislation and network rules

All acts connected with the use of the Company’s service shall comply with the rules of the Russian Federation and international law.

The Company intends to adhere to the existing documents, rules, regulations and other published non-obligatory documents, but accepted and specified by the Company as the documents with essential meaning for the development of the Internet sphere and society, directed on ethics support, moral and valuable basis, foundations in the Internet, respect of the third parties rights and legal interests, resistance to abuse of the services functionalities with purposes of contradicting with the moral and ethical norms.

The Company hereby declares that the following acts are inadmissible:

• Mass mailing of unrequested correspondence (spam);
• Publishing, sending or another placement of information discrediting honor and dignity, including libel and abuse;
• Publishing, sending or another placement of information assisting/ leading to fomentation of race, national or religious hatred;
• Publishing, sending or another placement of information containing calls to violence;
• Publishing, sending or another placement of information containing instructions on how to commit unlawful acts;
• Publishing, sending or another placement of information harming the health, moral and intellectual development of minors;
• Publishing, sending or another placement of information containing pornographic materials;
• Publishing, sending or another placement of information breaching copyrights or other rights of third parties;
• Publishing, sending or another placement of information the content and/or distribution of which contradicts to the Russian Federation and international law;
• Use of resources of the Company’s services as contact coordinates for the commission of any of the abovementioned acts even if the acts are carried out without using resources of the Company’s services;
• Publishing, sending or another placement of information containing instructions on performing actions violating these Regulations.

The User shall, at his sole discretion, evaluate information placed on the network with regard to its placement’s conformity with the requirements of the Russian Federation legislation and these Regulations. The User bears all risks of the information’s nonconformity with these Regulations and with the requirements of the current Russian Federation legislation.

Section VII. Force Majeure

The parties are relieved from responsibility for the non-fulfillment or improper fulfillment of the obligations undertaken under these Regulations if such non-fulfillment resulted from Force Majeure circumstances that appear after the User accepts the provisions of these Regulations, which circumstances could not be foreseen and/or prevented by reasonable measures by the Company or the User.

Force Majeure circumstances are the circumstances when the parties, acting with reasonable discretion, can not duly fulfill the obligations by reasons not depending on them. These circumstances in particular are wars, acts of God, failures in the Company’s electrical networks, which make it impossible to properly fulfill obligations under these Regulations.

In case of Force Majeure the affected Party, referring to such circumstances, shall notify the other Party about the beginning of the abovementioned circumstances within 5 (five) calendar days. Otherwise, the affected Party loses the right to refer to the abovementioned circumstances as to the released matters for non-fulfillment of the obligations according to these Regulations.

If Force Majeure circumstances last more than 1 (One) month, the Company is entitled to terminate/block the User’s access to the Company’s services without compensation for any losses and damage incurred by the User as a result of such forced termination.

Section VIII. Data confidentiality

The Company shall ensure the Confidentiality of the User’s personal data upon receipt of access to such data.

The User hereby agrees to provide his personal data and agrees to its processing (capture, systematization, collection, storage, refinement (updating, changing), use, distribution (including transfer) of personal data).

All information received by the Company about the User will be strictly used in accordance with the Company’s statement regarding the safety of the Users’ data.

The User is responsible for the confidentiality of his registration name (login) or password and for all acts performed using the Company’s services under this name (login) and password.

The User shall immediately notify the Company about any cases of unauthorized access using the User’s registration name (login) and password, which becomes known to him and about any other violations of security or these Regulations.

The Company is not responsible for the User risks and damages incurred by reason of the violation of this Section of the Regulations.

Section IX. User responsibility, service-blocking and service denial

The Company is entitled to deny the placement of or delete from its services any materials, in particular, if they contradict to the requirements of these Regulations.

The Company is entitled to suspend or block/terminate access to the Company’s services. Particularly,

• If he User violates these Regulations;
• If the User does not access the services for 6 (six) months.

If the User repeatedly violates these Regulations, the Company reserves the right to deny the User the opportunity to use its services for a period of up to three years.

If the User inflicts damages on the Company or other persons, the Unregistered User shall be responsible for illegal access to the Company services, access to which is closed for the Registered Users. The User shall compensate them in full.

The Registered User is responsible for keeping his/her login and password safe as well as for the acts performed under his/her login or password.

The Registered User is responsible for the Content he/she creates or places on the network, i.e. for the legality of his/her acts performed using the Company’s services and their consequences (including the compensation of any losses and damages), particularly in cases of illegal reproduction and notification about the materials, the rights to which are owned by third parties and for the violation of honor, dignity and business reputation of third parties.

The User is responsible for attempts to receive illegal access to the Company’s database and other computer systems, to avoid or harm the Company’s safety system, preventing the use of or copying Content, which are prohibited; for the placement of Content, containing Prohibited materials.

The User hereby confirms his responsibility for all information, data, text, programs, music, sounds, photos, graphics, video, messages and other materials published or transferred by him to SchoolOut.ru in private order with the help of the Company. This means that the User is exclusively and fully responsible for all materials, which the he downloads, sends, receives, transfers or in any way makes available using the Company’s services. The Company does not control materials transferred by the User and, therefore, does not guarantee the accuracy, completeness or quality of these materials. The User agrees that while using the Company’s services, he might see offensive, unworthy or disputable materials. Under no circumstances is the Company responsible for the materials created and placed on the network by the User.

Section X. Final provisions

These Regulations are an obligatory document stipulating the provisions for using the Company’s personal services, being in effect for 5 years after its publication on the SchoolOut.ru domain. If the Company does not notify Users about the termination of these Regulations 30 days prior to their expiry date, the term is considered to be prolonged for the next 5 years.

Notwithstanding the term of the Regulations, all its renewals and amendments made by the Company are considered to be in effect upon their publication on the SchoolOut.ru domain and are in force for the term of the Regulations.

These Regulations are located on the Internet at the address www.SchoolOut.ru

The Company is entitled to amend these Regulations without prior notification. The new version of the Regulations comes into force three days after their placement on the website.

General questions relating to the use of the Company’s services shall be forwarded via Internet by sending them to the officials via the feedback form.

Claims connected with the use of the Company’s services are accepted by sending them to the address: contacts. Anonymous claims and claims not revealing the core of the problem arising during the use of the Company’s Personal services are not considered.

The Company shall set out its position on the determined issues in the claim within 10 business days of receiving the claim and forward the answer by e-mail to the address stipulated in the claim.

If the User is not satisfied with the answer received or does not get an answer, the claim procedure will be repeated using registered mail with delivery notification. The period to answer the claim will be extended by the Company to two months.

If it is impossible to make a decision on the claim received by e-mail, the Company, within 1 (one) month upon receipt of the last letter in the e-mail correspondence initiated by the claim, has the right to demand the provision of information via e-mail services by registered mail with delivery notification.

Nothing in these Regulations is considered to be settlement between the User and the Company of the agency, partnership, joint venture, employment, and any other relations, not stipulated by these Regulations.

Acquisition of the rights to net access, purchase and set of the corresponding equipment and software are not the subject of these Regulations.

According to these Regulations, the relations between the User and the Company shall be governed by the current legislation of the Russian Federation. All possible disputes resulting from these Regulations provisions will be settled in the Russian Federation courts in accordance with Russian Federation legislation. In case the court finds the provisions of the Regulations invalid or not subject to enforcement, this will not give rise to invalidity or non-fulfillment of any other provisions of the Regulations or the Regulations in full.