Administration of vitalviewnews.com service, hereinafter referred to as the Owner of the Rights, addresses this Agreement (hereinafter referred to as the Agreement) to any person (an indefinite number of persons) who has expressed their willingness to enter into an agreement under the following conditions (hereinafter referred to as the User).
This Agreement is a public offer, acceptance of its terms (acceptance) is to perform the actions provided by the Agreement.
1.1 The terms and conditions of the Agreement govern the relations between the Licensor and the User, and contain the following definitions:
1.1.1 Offer — this document (Agreement), posted on the Internet at: vitalviewnews.com.
1.1.2 Acceptance — full and unconditional acceptance of the Offer by performing the actions specified in paragraph 3.1 of the Agreement.
1.1.3 Copyright holder — Administration of vitalviewnews.com service, which posted the offer.
1.1.4 User — a legal entity or a legally capable individual who enters into the Agreement by accepting the terms and conditions contained in the offer.
1.1.5 Website — a set of web pages located on a virtual server and forming a single structure, located on the Internet at: vitalviewnews.com (hereinafter the Website).
1.1.6 Content means information presented in text, graphic, audio-visual (video) formats on the Site, which is its content. The Website content shall be divided into main — user content, and auxiliary — administrative content, which is created by the Right Holder to facilitate the functioning of the Website, including the interface of the Website.
1.1.7. Simple (non-exclusive) License — non-exclusive right of the User to use the results of the intellectual activities specified in Section 2.1 of the Agreement, while retaining the Licensor's right to grant licenses to other persons.
1.1.8. personal account — is a virtual tool of personal self-service of the Right holder, located on the official internet — site: vitalviewnews.com.
1.1.9. personal account of the User — a unique login and password to enter the personal account.
2.1 This Agreement determines the conditions and procedure of use of the results of the intellectual activity, including the content elements of the Website located on the Internet at: vitalviewnews.com (hereinafter the Website), the responsibilities of the Parties and other features of functioning of the Website and the relations of the Website Users with the Right Holder as well as with each other.
2.2. the Licensor guarantees that it is the owner of the exclusive rights to the Website, specified in clause 2.1 of the Agreement.
3.1 Acceptance (acceptance of the offer) is registration of the User's Personal profile.
3.2 Performing actions to accept the offer in the manner prescribed in paragraph. 3.1 of the Agreement, User guarantees that he reads, agrees, fully and unconditionally accepts all conditions of the Agreement, undertakes to comply with them.
3.3. User hereby confirms that acceptance (taking action to accept the offer) is tantamount to signing and entering into the Agreement under the terms and conditions set forth in this Agreement.
3.4 The Offer comes into force from the moment of its posting in the Internet at vitalviewnews.com and is valid until the offer is withdrawn.
3.5 This Agreement is posted in writing on the Website. If necessary, any person upon request may be given the opportunity to review the paper version of the Agreement at the office of the Licensor.
3.6 The Agreement may only be accepted as a whole. Once the User has accepted the terms of this Agreement it shall become a contract between the Rights Holder and the User, and such a contract shall not be executed as a paper document signed by both Parties.
3.7 To organise the interaction between the Rights Holder and the User the User shall independently register the Personal Office in the following order: enter the login (email address) and password.
3.8 The following information about the User shall be indicated in the User's myAlpari: email.
3.9. The Licensor reserves the right to make changes in this Agreement without any special notice, and the User undertakes to monitor the changes in the Agreement regularly. The new wording of the Agreement comes into force from the moment of its posting on this page, unless otherwise provided by the new wording of the Agreement. The current version of the Agreement is always located on this page at: https://vitalviewnews.com/legal/rules.html.
4.1 Right holder is obliged:
4.1.1 Within 30 calendar days from the date of receipt of written notice from the User, correct the defects of the Site, identified by the User, by its own means and at its own expense, namely
— Inconsistency of the Website content with the data specified in clause 2.1 of the Agreement;
— Presence of materials on the Site, which are prohibited for distribution by law.
4.1.2. Refrain from any actions that might hinder the User's exercise of his/her right to use the Website, within the limits specified in this Agreement.
4.1.3 Provide information regarding use of the Website via [email protected]. Current email addresses can be found in the "Contacts" section of the Site at: vitalviewnews.com.
4.1.4 Use all personal data and other confidential information about the User only for providing services under the Agreement, not to transfer to third parties any documentation and information about the User.
4.1.5 Ensure confidentiality of the information entered by the User when using the Website through their personal account, except when such information is posted in publicly available sections of the Website (e.g., chat).
4.1.6. consult the User on all issues related to the Site. The complexity of the issue, the amount and timing of the consultation shall be determined in each specific case by the Licensor independently.
4.2 The User shall be obliged:
4.2.1. Use the Site only within the rights and in the manner provided in the Agreement.
4.2.2 Provide real, not fictitious information when registering in the Personal Area. In case the information provided is unreliable, and if the Owner of the Rights has reasonable doubt of its accuracy (including when trying to contact the contact information does not exist), the Owner of the Rights has the right to unilaterally terminate the relations with the User, delete the User's account and kjg63 access to the Site.
4.2.3 To keep secret and not to disclose to any third party information about its password, which gives access to the User's Personal profile. If such information, for whatever reason, becomes known to third parties, the User undertakes to change it immediately.
4.2.4. Strictly adhere and not violate the terms of the Agreement, and ensure the confidentiality of the commercial and technical information obtained in cooperation with the Licensor.
4.2.5. Refrain from copying in any form and from modifying, amending, distributing the Website, the content of the Website (or any part thereof), and refrain from creating derivative works based on it without prior written consent of the Licensor.
4.2.6. not to use any devices or computer programs to interfere or attempt to interfere with the normal operation of the Licensor's Website.
4.2.7. To inform the Licensor immediately about all known facts of unlawful use of the Website by third parties.
4.2.8. not to use the Website without violating the property and/or personal non-property rights of third parties, as well as the prohibitions and restrictions imposed by the Applicable Law, including without limitation: copyrights and neighbouring rights, rights to trademarks, service marks and appellations of origin, design rights, rights to use images of people.
4.2.9. not to allow the posting and transmission of materials that are illegal, indecent, defamatory, discrediting, threatening, pornographic, hostile, and also contain harassment and signs of racial or ethnic discrimination, call to commit acts that may be considered a criminal offense or a violation of any law, as well as be inadmissible for other reasons, materials that promote the cult of violence and cruelty, materials containing obscene language.
4.2.10. Not disseminate advertisements in personal messages to other Users without their prior consent to receive such materials (SPAM).
4.2.11. Fulfill other obligations stipulated by the Agreement.
4.3 The Rightholder shall be entitled to:
4.3.1 Suspend or terminate the User's registration and access to the Site if the Licensor reasonably believes that the User is engaging in unlawful activity.
4.3.2 Collect information about the User's preferences and their use of the Website (the most frequently used functions, settings, preferred time and duration of using the Website, etc.), which is not personal data, in order to improve the performance of the Website, diagnose and prevent failures of the Website.
4.3.3 Request additional information from the User about their position and occupation, including the company they represent, when registering in their personal account or at any other time. The Right Holder shall have the right to refuse the User to use the Website (up to deleting the User's Personal Account) or limit its use at its own discretion, if it is not an employee of the company or a representative of the person for whom the Website is intended, or if the User refuses to provide the requested information. The Licensor shall have the right to provide limited access for the purposes of familiarization with the Website to other persons, not engaged in the profile activities, at its own discretion.
4.3.4. unilaterally amend the Agreement by issuing its new editions.
4.3.5 Delete User Content upon request of authorized bodies or interested parties if such Content violates applicable law or the rights of third parties.
4.3.6. Temporarily suspend operation of the Site, as well as partially restrict or completely discontinue access to the Site, until necessary maintenance and (or) upgrades of the Site are completed. The User shall not be entitled to demand indemnity for such temporary discontinuance of services or limitation of access to the Website.
4.4 The User shall be entitled to:
4.4.1 Use the Site to the extent and in the manner set forth in the Agreement.
4.5 The User shall not consent to this Agreement if he/she has no legal right to use the Website in the country where he/she is or resides, or if he/she has not reached the age when he/she has the right to enter into this Agreement.
5.1 Subject to the fulfillment of this Agreement by the User, the User is granted a simple (non-exclusive) license to use the Site via personal computer, cell phone or other device, in the amount and manner prescribed by the Agreement, without the right to grant sublicenses and assignment.
5.2 In accordance with the terms of the Agreement the Licensor grants the User the right to use the Website in the following ways:
5.2.1 Use the Site for viewing, reviewing, leaving comments and other entries and implementing other functionality of the Site, including by reproducing it on the monitor (screen) of the relevant technical means of the User;
5.2.2 Upload to PC's memory for purposes of using the Website and its functionality;
5.2.3. cite elements of the User's content on the Website, specifying the source of citation, which includes a link to the URL of the Website.
5.2.4. Method of use: for personal use.
The User shall not undertake the following actions while using the Website, or any of its components. 5.3.1:
5.3.1 Modify or otherwise modify the Site, including translating it into other languages.
5.3.2. Copy, distribute or modify the materials and information at the Website, except for the cases, when it is necessary and caused by implementation of the functionality available to a particular User.
5.3.3 Violate the integrity of the security system or perform any activities aimed at bypassing, removal or deactivation of technical means of protection; use any software codes intended for distortion, deletion, damage, imitation or violation of the Website integrity, transmitted information or protocols.
5.4 Any rights not expressly granted to the User in accordance with this Agreement shall remain with the Right Holder.
5.5 The Website is provided by the Licensor in the "As Is" ("AS IS") state, without any warranty obligations of the Licensor or any obligation to eliminate the deficiencies, operational support and improvement.
5.6 In relation to the User Content the User guarantees that he/she is the owner or has the necessary licenses, rights, consent and permissions to use and grant the Right Holder the right to use all of the User Content in accordance with this Agreement; he/she has the written consent and/or permission for each person, somehow present in the User Content, to use the personal data (including an image if necessary) of that person in order to post and use
5.7 By accepting the terms of this Agreement the User gives the Right Holder and other Users a non-exclusive, royalty-free right to use (a simple license) the materials that the User adds (places) on the Website in the sections that are intended for the access of all or part of the Users (chat rooms, discussions, comments, etc.). Specified right and / or permission to use materials are provided simultaneously with the addition of the User of such materials on the Site for the duration of the exclusive rights to the intellectual property or protection of non-property rights to the specified materials for their use in all countries of the world.
6.1 To fulfill the terms of the Agreement, the User agrees to provide and consent to the processing of personal data in accordance with the Federal Law of 27.07.2006 № 152-FZ "On Personal Data" on the conditions and for the proper execution of the Agreement. By "personal data" is meant personal information, which the User provides about himself/herself for the acceptance.
6.2 In cases where the User has lost the identification data (login / password) for access to the Personal Area, the User has the right to request such information from the Licensor, by sending an inquiry via the e-mail of the Licensor.
6.3 The information (personal data) received by the Titleholder shall not be disclosed, except for the cases, when its disclosure is mandatory by the legislation of the Russian Federation or is required for functioning of the Website and its functions (for example, when comments are published in the "Comments" section of the Website the name, date and time of sending the comment are displayed under the comment written by the User).
7.1 Parties are responsible for non-fulfillment or improper fulfillment of their obligations according to the legislation of Russia.
7.2 The Licensor shall not be responsible for the compliance of the Website for the purposes of its use.
7.3. The Licensor shall not be responsible for any technical failures in the work of the Site. At the same time the Licensor shall be obliged to take all reasonable measures for the prevention of such failures.
7.4 The Licensor shall not be responsible for any actions of the User related to the use of the granted rights of use of the Site, for any damages of any kind suffered by the User due to the loss and/or disclosure of their data, or in the process of use of the Site.
7.5 If any third party files a claim against the Titleholder in relation to any violation of this Agreement by the User or any applicable legal provisions, or violation of any third party rights (including intellectual property rights) by the User, the User shall compensate the Titleholder for all expenses and losses, including payment of any compensation and other expenses related to such claim.
7.6 The Rightholder shall not be responsible for the content of the messages or materials of the Users of the Website (user content), any opinions, recommendations or advice contained in such content. The Rightholder does not preliminarily verify the content, authenticity and safety of these materials or their components, or their compliance with the requirements of the applicable law, and the availability of the necessary amount of rights to use them for the Users in a mandatory manner.
8.1 The claim procedure of pre-trial settlement of disputes arising out of this Agreement is mandatory for the Parties.
8.2 Letters of claim shall be sent by the Parties by hand or by registered mail with return receipt requested to the Party's address of location.
8.3 Letters of claim shall not be sent by the Parties in any other way than specified in clause 8.2 of the Agreement.
8.4 The term of consideration of the letter of claim is 30 working days from the date of receipt of the last by the addressee.
8.5 Disputes under this Agreement shall be resolved in court in accordance with the law. 9.
9.1 This Agreement shall be governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by this Agreement shall be resolved in accordance with the laws of the Russian Federation. All possible disputes arising from the relations governed by this Agreement shall be resolved in the manner prescribed by the laws of the Russian Federation, in accordance with the norms of Russian law. Throughout the text of this Agreement, the term "legislation" shall be understood to mean the legislation of the Russian Federation.
10.1 All questions may be addressed via e-mail [email protected]