Open License for using Unihotel.org, Tripservice Club, including Computer Program and Database (hereinafter also referred to as– the Software).
Any User shall have full knowledge of these Rules before registration at the Website. User's registration at the
Website means full and irrevocable acceptance of the Rules by the User.
The effective date of the version: 18 may 2020.
The expiry date of the version: not determined.
The Rules may be unilaterally amended and / or added by the Website Administration without any special notification.
These Rules are an open and public document. The valid version of the Rules is located on the Internet at the address:https://unihotel.org/main/open_license/.
The Website Administration recommends that Users regularly check the conditions of these Rules for their amendments and / or addition.
Continued use of the Website by the User after any amendments and / or additions to these Rules means the User's acceptance and consent to such
amendments and / or additions.
Any rights for the Website as a whole and for using the network address (domain name) unihotel.org, unitravel.pro, tripservice.club, tomyoffice.club, tohome.club belong to the Website Administration.
In compliance herewith the Website Administration provides the Website access to all interested parties.
These Rules are an offer of TRANSNATIONAL SERVICES L.P. (Great Britain) to any (natural or legal) person for entering a contract in the simplified
procedure according to the provisions of the Article 1286.1 of the Civil Code of the Russian Federation under the conditions stated below.
Start of the authorized use of the Software is deemed as acceptance (full and irrevocable acceptance) of the terms of this License. In this case a
written form of the contract is deemed to be observed.
DEFINITIIONS AND TERMS
For the purposes hereof the terms stated below are used in the following meaning:
Open License (hereinafter also referred to as – the License, Agreement) is a license agreement posted on
the Internet at the address https://unihotel.org/main/open_license/, providing the licensee with a simple (non-exclusive) license for using this Software.
This Open License is a contract of adhesion in the sense of the Article 428 of the Civil Code of the Russian Federation which
conditions are determined herein and it shall be accepted by the other party (licensee) not otherwise than by adhesion to the
offered contract as a whole without any reservations and exceptions.
Licensor (hereinafter also referred to as the Rightholder) is a person possessing the full range of exclusive rights for the Software,
including such rights for Computer Program and Database, and providing the Licensee with the right for its using.
Licensee (hereinafter also referred to as the Licensee) is a person authorized in the Software and using it for business purposes (not associated
with satisfaction of personal, family, household of any other needs) in compliance with the terms of this License.
User (hereinafter also referred to as the User) is an authorized representative of the Licensee entitled to act in the
Licensee's interests and to post information about the Licensee within unihotel.org system.
- SUBJECT OF AGREEMENT
- According to this Agreement the Licensor shall provide the Licensee with the right to use the Software and the Licensee shall accept
and pay for such right pursuant to the terms and procedures stipulated herein.
- According to this Agreement the Licensee is granted a non-exclusive license. The Licensor is entitled to make similar agreements
with third parties and to use the Software by itself to the extent to which the right of its use is granted to the Licensee. This Agreement
is not a contract for alienation (transfer) of exclusive right for the Software.
- The Licensor coiuld perform Maintenance of the Software and provides consulting services on the matters concerning the Software use and support.
- The rights for using the Software which are specified in the Clause 3 hereof shall be granted to the Licensee against consideration in such amounts and according to such procedure that are agreed between the Parties in the Section 4.
- REGISTRATION IN THE SYSTEM
- Registration of the Licensee at the Website is free of charge, voluntary and to be carried out on the Internet at the address: https://unihotel.org/
- The Website User is any representative of the Licensee registered at the Website according to the procedure set forth in these Rules and having the corresponding permissions (before and hereinafter referred to as the User).
- During registration at the Website the User shall provide the Website Administration with necessary true and relevant information for generation of his
personal page, including login and password for access to the Website, which are unique for each User, as well as the User's name and surname. Registration form
of the Website may ask the User for any further information.
- The User shall be held liable for authenticity, relevance, completeness and compliance of the information provided by his registration with the legislation of the Russian Federation and its exemption from any claims of third parties.
- After provision of information specified in the Clause 2.3 hereof the User shall follow certain certification procedures, in particular: (a) to
confirm his registration by recognition of automated test intended to distinguish human from machine ('captchas'); (b) to confirm his registration
by input in the corresponding form the code received by the User from the Website Administration in SMS message sent to the User's mobile phone which
number has been given by the User himself. If all registration actions are correct and consistent, a personal page of the User will be created at the
Website with the network address of the type https://tripservice.club/id [number]. The User is entitled to assign a short (subdomain) name to his
personal page substituting id number by addressing on the Internet. As a subdomain name it is impossible to choose any words and names which are
prohibited to use according to these Rules, the current legislation of the Russian Federation and international legal regulations, including but not
limited to abusive words, names registered as trademarks (irrespective of the class of the International Classification of Goods and Services),
corporate identifications and commercial names, unless the User holds the exclusive rights for such. Where any violations of the mentioned conditions
are found, the Website Administration is entitled to prohibit the use of the subdomain name assigned by the User, including, if applicable, to transfer
the right of its use to the appropriate person (the Rightholder's representative). The Licensee may register not more than one personal page at the Website.
- By registration the User agrees to these Rules and undertakes the rights and obligations stipulated herein associated with the Website use and
operation. The User agrees to receive e-mail messages, SMS and other types of distribution, among them those with advertising and information content,
through the services of the Website Administration and / or third parties' services, including the partners of the Website Administration, to whom the
User has expressed his consent to receive such messages. The User obtains full access to use the Website functionality (its data and commands), except
for non-activated data and commands, provided that the personal page is filled in for more than thirty percent. The right to use non-activated data
and commands will be granted to the User after meeting the conditions of the License Agreement specified in addition to those mentioned above.
- After successful registration of the User at the Website the Administration undertakes the rights and obligations to the User set forth in these Rules.
- The User's personal data are to be processed in compliance with the legislation of the Russian Federation. The Website Administration shall process the User's
personal data in order to provide the User with access to the Website functionality, including receipt by the User of personalized (targeted) advertising; check,
examination and analysis of such data enabling to support and to improve the Website functionality and sections, as well as to develop new functionality and sections of
the Website. The Website Administration shall take all reasonable measures to protect the User's personal data from unauthorized access, change, disclosure or destruction.
The Administration shall provide access to the User's personal data only to those of its employees, contractors and agents, who need to know such information in order to
ensure the Website operation and to provide the User with access to its using. The Website Administration is entitled to use the information provided by the User, including
his personal data, and to communicate it to third parties in order to enforce compliance with the requirements of the current legislation of the Russian Federation, to protect
the rights and interests of the Users, Website Administration and third parties (including detection, check / investigation and / or suppression of unlawful actions). The
information provided by the User may be disclosed only in compliance with the current legislation of the Russian Federation upon request of any court, law-enforcement
authorities or in any other cases required by the legislation of the Russian Federation. As the Website Administration processes the User's personal data for the purposes of
implementation of these Rules, pursuant to the provisions of the personal data legislation the User's consent to his personal data processing is not required.
- The login and password set by the User constitute necessary and sufficient information for access of the User to the Website. The User is not
entitled to communicate his login and password to third parties and remains fully responsible for their security independently choosing the way
of their storage. The User may allow his hardware and software to save the login and password (using cookies) for automatic authorization at the
Website in the future.
- Unless the contrary is proved by the User, any actions performed under his login and password shall be deemed as performed by this User.
In case of unauthorized access to the User's login and password and / or personal page or disclosure of his login and password the User shall
immediately inform the Website Administration according to the established procedure.
- The User as the owner of information posted at his personal page acknowledges that, except as otherwise provided by these Rules and the
current legislation of the Russian Federation, the Website Administration shall not participate in generation and use of content or control
of other users' access to the User's personal page. Posting information at his personal page, including his personal data, the User acknowledges
and agrees that such information may be available to other users of the Internet considering peculiarities of the Website architecture and
functionality.
- The User may register other Users for the same Licensee. Additional users shall be registered in the section Employees. All additional Users
registered for the same Licensee shall observe the rules of this Section and the terms of this Agreement as a whole.
- RIGHTS GRANTED
- The Software License shall be granted to the Licensee for the term equal to valid duration of the exclusive right for the Software.
The Licensee may use the Software within any territory throughout the world.
- The License granted hereunder shall apply to the whole content of the Software, in particular with respect to:
- embedded auxiliary software providing operation of the licensed Software;
- design (graphics, arrangement of the Software design elements, etc.);
- any other elements of the program, including images, phonograms, texts.
- The Licensor shall grant to the Licensee the right of using the Software in the following ways:
- reproduction of the Software with the right to install, copy for start and to start the Software applying the Licensee's technical resources, as well as through the website https://unihotel.org;
- use of the Software and / or results of its operation for provision of services and / or performance of works for third parties;
- adaptation of the Software which shall be understood as any changes made solely for the purposes of the Software operation on the specific user's hardware or under control of the specific user's programs;
- public demonstration of the Software;
- right for the Software advertising and promotion.
- The Licensee and its Users are entitled:
- to install and to store the Software on any electronic data storage devices;
- to generate archive copies and to perform regular data backup;
- to install and use more recent version of the Software provided by the Licensor simultaneously with the version to be replaced;
- to transfer the Software in licensed configuration to standby equipment
- to perform adaptation and adjustments of the Software but only within the scope and according to the procedure provided for in the documents;
- to use, copy, reproduce, publish, demonstrate or distribute any configurations or reports generated or developed in the course of using the licensed Software not containing the licensed item itself (i.e. the proprietary data).
- The Software is granted to the Licensee for internal use only, which means that solely the Licensee's employees may use the Software in order
to ensure operation of the Licensee's enterprise. The Software may not be used for the projects to be implemented for the benefit of external
companies or in the process of rendering services to external companies.
- The Licensee and its Users may not:
- delete or withhold any information on the the Licensor's patents, copyrights, trademarks, proprietary rights or designations contained in
or affixed to any instance of the Software, results of the Software operation, metadata files, online pages and (or) printed copies of
online pages with attributes of any data or documents provided under the License Agreement;
- publish or in any other way disclose the results of trial tests of pre-release (beta release) versions without the prior written permission of the Licensor;
- to annotate and / or comment the Software without the consent of the Licensor.
- The Licensor shall not guarantee compatible operation of the Software delivered in the environment and with the software and hardware of
third parties or external companies, especially with the hardware manufactured later than the version of the licensed Software.
- The Software is available for free access at the website unihotel.org, unitravel.pro, tripservice.club, tomyoffice.club, tohome.club. For authorization in the system the Licensee needs to input his login and password.
- The Licensee is not entitled to assign the rights for the Software hereunder to third parties (to make sublicense agreements).
- RIGHTS AND OBLIGATIONS OF THE PARTIES
- The Licensor may:
- check the Licensee's compliance with the terms hereof by carrying out audits if such check does not interfere with the normal course of the Licensee's business;
- within such audits or during preparation thereto request from the Licensee all necessary information required for checking compliance with the terms hereof as for using the Software;
- within such audits obtain access to computing resources on which the licensed Software is installed;
- carry out up to 4 unscheduled audits per year;
- carry out up to 2 scheduled audits per year;
- require all information necessary for auditing;
- automatically collect information on use of the licensed Software by means of software tools designed for collection of such information and
installed on the Licensor's and Licensee's hardware. Access of the licensed Software and of the Licensor to the software providing collection of
information on such use shall be continuous.
- The Licensor shall:
- not preclude use of the Software by the Licensee if such use is carried out in compliance herewith;
- inform the Licensee on carrying out a further scheduled audit indicating the start date and duration of such audit at least 3 months in advance;
- agree to change the start date of any scheduled audit for the new date not later than 10 working days after the original date if the
Licensor has requested for such change at least 1 month before the planned start date of the relevant audit;
- In addition to the rights specified in the Clause 2.4 hereof the Licensee is entitled to start using the Software at any time within the valid duration hereof;
- The Licensee and its Users shall:
- use the Software only in the ways specified in the Clause 3 hereof;
- pay the remuneration provided for in the Section 4 hereof to the Licensor in good time and in full;
- not interfere with the Licensor during its checking the Licensee's compliance with the terms hereof;
- not preclude collection by the Licensor of technical information on use of the Software required for control over the Licensee's compliance with the terms hereof;
- observe the provisions of the current legislation of the Russian Federation, these Rules and any other special documents of the Website Administration;
- provide true, comprehensive and relevant data by registration and follow their updating;
- inform the Website Administration on unauthorized access to the personal page and / or unauthorized access and / or use of the password and login of the User;
- not allow other Users to access to the personal page or to any particular information contained therein if it may cause any violation of the legislation of the Russian Federation and / or these Rules, special documents of the Website Administration;
- not post at the personal page any information or items (including any links thereto) which may infringe the rights and interests of other persons;
- before posing any information and items (including but not limited to other persons' images, unfamiliar texts with different content, audio records and video films) preliminary assess legality of such posting;
- keep confidential and not communicate to other Users and third parties any personal data (including but not limited to home addresses, phone
numbers, e-mail addresses, ICQ, passport data, banking details) and information on private life of other Users and third parties that became
available to the User due to communication with other Users and in result of other use of the Website without prior permission to be obtained from
the source of such information;
- perform backup of the information important for the User which is stored at his personal page.
- In case of any doubts as for legality of performing particular actions, including those associated with posting information and access granting, the Website Administration recommends to refrain from performance of such.
- In addition to limitations set forth in the Clause 2.6 hereof the Licensee and its Users may not:
- register as the User / Licensee on behalf or instead of any other person ('false account');
- mislead the Users as to the Licensee, as well as to his own person, using the login and password of another registered User;
- misrepresent the information on the Licensee and himself;
- use the Software in the ways not provided for herein and in the ways inconsistent with the intended purpose of the Software;
- distribute the Software for public use on a paying basis of for free, grant the Software to third parties (including its sale or otherwise disposal, transfer the Software for use, etc.), perform additional licensing, create copies (derivative copies) of the Software;
- without prior consent of the Licensor make any changes of the Software on its own or through third parties, including but not limited to:
decompile, disassemble or modify the Software, make reverse engineering or any other attempts to obtain access to the source code, delete
any marks on the copyright or exclusive rights for the Software;
- illegally upload, store, put online, distribute and provide access to or otherwise use the intellectual property of the Users and third parties;
- send mass emails to other Users of the Website without their prior consent;
- use the Software and perform any actions intended to disrupt normal operation of the Website or the Users' personal pages;
- upload, store, put online, distribute and provide access to or otherwise use viruses, Trojans and other malicious software;
- without special permission of the Website Administration use automated scripts (software, bots, crawlers) for gathering information at the Website and / or for interaction with the Website and its functionality;
- try to obtain access to the login and password of any other User by any means, including but not limited to fraud, abuse of trust, hacking;
- illegally collect and process the personal data of other parties;
- use the Website otherwise than through the interface provided by the Website Administration, unless such actions are expressly permitted to
the User under a separate agreement made with the Administration;
- reproduce, backup, copy, sale, perform trading operations and resale access to use the Website, including its non-activated data and commands,
for any purposes, except insofar as such actions are expressly permitted to the User under the terms of a separate agreement made with the
Administration;
- post commercial and political advertising outside the special sections of the Website set up by the Website Administration;
- post any other information which in the Administration's individual opinion is undesirable, inconsistent with the purposes of the Website creation,
infringes the Users' interests or is inadvisable to be posted at the Website for any other reasons;
- the User is personally liable for any information he posts at the Website, communicates to other Users, as well as for any interactions with other
Users that he exercises at his own risk.
- In the event that the User disagrees with these Rules or their updates, he is obliged to refrain from using the Website having notified the Website Administration thereof in accordance with the established procedure.
- Except as otherwise provided in these Rules, as well as by the current legislation of the Russian Federation, no Content may be copied
(reproduced), reprocessed, distributed, placed in frame, published, downloaded, transferred, sold or otherwise used in whole or in part without
prior permission of the Rightholder unless the Rightholder has expressly agreed to free use of the Content by any person. Reproduction, copying,
collection, classification, storage, transfer of the Content in order to create any database for commercial and / or non-commercial purposes and
/ or for using the Content in whole or in any part regardless of the way of its use are not allowed without the Administration's consent.
- All rights, obligations, limitations and prohibitions set forth in this Section shall cover both the Software itself and any of its applications, updates, additions and modification.
- By making supplement agreements hereto the Parties may change the rights and obligations hereunder, agree performance of the works by the
Licensor not provided for herein with respect to the Software (including troubleshooting of the Software faulty operation caused by the Licensee),
as well as determine the costs, settlement procedure and lead time of such works.
- Adaptation of the Software to the Licensee's specific hardware and likewise its scaling (increase of the Software usage scope depending on user
count, number of technical devices, coverage territory) by the Licensor is subject to additional charges. Costs, settlement procedure and lead
time for performance of such works shall be agreed between the Parties by signing separate agreements.
- INTELLECTUAL PROPERTY RIGHTS CLAUSE
- Exclusive rights for the Content posted at the Website.
- All items posted at the Website, including design elements, text, graphics, pictures, video, scripts, software, music, sounds and any other
items and selections of such (hereinafter referred to as the Content), are the items covered by exclusive rights of the Administration, Users
of the Website and other copyright holders, and all rights for such items are reserved.
- Except as otherwise provided in these Rules, as well as by the current legislation of the Russian Federation, no Content may be copied
(reproduced), reprocessed, distributed, placed in frame, published, downloaded, transferred, sold or otherwise used in whole or in part
without prior permission of the Rightholder unless the Rightholder has expressly agreed to free use of the Content by any person.
Reproduction, copying, collection, classification, storage, transfer of the Content in order to create any database for commercial and / or
non-commercial purposes and / or for using the Content in whole or in any part regardless of the way of its use are not allowed without the
Administration's consent.
- Positing the Content legally owned by him the User grants to other users the non-exclusive right to use it for any promotional and
commercial purposes unless such use causes or may cause harm to the rightholder's interests protected by law.
- In addition the User grants to the Website Administration the non-exclusive right for use of the Content posted at the Website and legally
owned by the User on a free-of-charge basis in order to ensure the Website operation to the extent required by the Website functionality and
architecture and to display such Content in promotion materials of the Website Administration, also within the images of the Website interface,
including making such promotion materials available to the public. Such non-exclusive right is granted for the time of posting the Content at the
Website and shall apply to the territory of the countries throughout the world. End of the period provided for posting the Content at the Website
and / or expiration of the effective term of the non-exclusive right shall not invoke the necessity to withdraw from commerce the Website
Administration's promotion materials displaying such Content (including deletion thereof from the Internet). The Website Administration is entitled
to assign the rights mentioned in this Clause to third parties. The User agrees that the Administration may use the Website functional and technical
capacities providing display of the Content posted by the User, including player, designed for the purposes of displaying such Content, at its own
discretion which includes demonstration of advertising information.
- If the User deletes his Content from the Website, the non-exclusion right mentioned in the previous paragraph of these Rules will be
automatically revoked, however the Administration reserves the right to save archive copies of the User's Content in case of necessity
determined by technical features of the Website operation for the period required.
- Apart from his own Content the User may not upload or otherwise make available to the public (post at the Website) any Content of other
websites, databases and other results of intellectual activity without express consent of the relevant rightholder to such actions.
- Liability for violation of exclusive rights.
- The User is personally liable for any Content or other information he uploads or otherwise makes available to the public (posts)
at or through the Website. The User may not upload, transfer or post the Content at the Website if he does not have the relevant rights to perform
such actions obtained or assigned to him in compliance with the legislation of the Russian Federation.
- The Website Administration is entitled, but not obliged, to browse the Website for the prohibited Content and at its own discretion to delete or
replace (without notice) any Content or users for any reason or without cause, including but not limited to replacement or deletion of the Content
which in the Administration's individual opinion violates these Rules, legislation of the Russian Federation and / or may infringe any rights, cause
harm or pose a threat to security of other Users or third parties.
- Third parties' websites and Content.
- The Website contains (or may contain) any links to other websites on the Internet (third parties' websites), as well as any articles, photos,
pictures, graphics, music, sounds, video, information, applications, software and other Content belonging to or sourced from third parties (third
parties' Content), which are the results of intellectual activity protected in compliance with the legislation of the Russian Federation.
- Such third parties and their Content are not subject to be checked by the Administration for compliance with any requirements (authenticity,
completeness, due diligence and so on). The Administration is not responsible for any information posted at third parties' websites to which the
User obtains access through the Website or through third parties' Content, including among others any opinions or statements expressed at such
third parties' websites or within their Content.
- Any links or instructions to downloading files and / or installation of third parties' software posted at the Website shall not mean any
support or approval of such actions by the Administration.
- A link to any website, product, service, information of commercial or non-commercial nature posted at the Website does not imply approval or
recommendation on such products (services) by the Administration.
- If the User elects to leave the Website switching to third parties' websites or using and installing third parties' software, he acts so at
his own risk and since that time these Rules shall not apply to the User. By further actions the User has to observe applicable standards and
policies, including business practices, of the parties whose Content he is going to use.
- WEBSITE OPERATION AND RESPONSIBILITY BY ITS USE
- The Users are held liable for their actions associated with development of and posting information at their own personal pages of the Website
and also by posting information at the personal pages of other Users, as well as within other sections of the Website, in compliance with the
current legislation of the Russian Federation. Violation of these Rules and the current legislation of the Russian Federation entails civil,
administrative and criminal responsibility.
- The Website Administration provides technical feasibility of its using by the Users, but neither participates in content formation of the Users'
personal pages nor bears responsibility for any actions or omissions of any parties as for use of the Website or formation and use of the Users'
personal pages content at the Website.
- Information environment of the Website and its software do not provide technical solutions aimed at censorship and control of the Users'
activity and information relations as for use of the Website, except for special technical solutions that may be implemented by the Administration
in order to prevent and suppress violation of third parties' rights for the results of intellectual activity.
- The Administration reserves the right to change appearance of the Website, its content, functionality or to modify and add the scripts, software
and other items used or stored at the Website, as well as any server applications, at any time with or without prior notice.
- The Website Administration is not engaged in preliminary moderation or censorship of the Users' information and shall take any actions for
protection of any person's rights and interests and enforcement of requirements stipulated in the legislation of the Russian Federation only upon
request of the person concerned to the Website Administration in accordance with the established procedure.
- The Website Administration shall not be held liable for violation of these Rules by the User and reserves the right at its own discretion, as
well as upon receipt of any information from other users or from third parties about for violation of these Rules by the User, to change (moderate),
block or delete any information posted by the User that infringes prohibitions provided for in these Rules, to suspend, restrict or withdraw access of
the User to all or any sections or functions of the Website at any time for any reason or without giving any reason, with or without prior notice.
The Website Administration reserves the right to delete the User's personal page and / or to suspend, restrict or withdraw access of the User to any
functional feature of the Website if the Administration discovers that the User in its opinion poses a threat to the Website and / or its Users. Along
with the provisions set forth above in this Clause the Website Administration may block and / or delete API Software, restrict access of the Users to
API Software, websites, applications of third parties and any other external resources, block and / or delete the links thereto if the Website
Administration has any reason to believe that such API Software, websites, applications of third parties and any other external resources pose or
may pose a threat to normal operation of the Website and to its Users. The Website Administration will implement the measures mentioned above
according to applicable legislation and shall not be held liable for any probable adverse effects of such measures for the User or third parties.
- Deletion of the User's personal page shall mean automatic removal of all information posted at such page, as well as all the the User's data
entered by registration at the Website. After deletion of his personal page the User loses his access to the Website.
- The Website Administration provides operation and availability of the Website and it is obliged promptly to restore its operation in case of
any failures and breakdowns. The Website Administration shall not be held liable for temporary failures and breakdowns in the Website operation
and for loss of any information caused thereby. The Administration is not responsible for any damage inflicted to computers, mobile devices, other
hardware or software of the User or any other person caused by or connected with download of materials from the Website or through the links available
at the Website.
- The Website Administration has the right to manage the statistical information related to the Website operation, as well as the User's information,
in order to provide targeted demonstration of advertising information to different audiences of the Website Users. For the purposes of arranging
operation and technical support of the Website and observance of these Rules the Website Administration has technical capacity of access to the Users'
personal pages which it exercises only in cases stipulated in these Rules.
- The Website Administration is entitled to send information on development of the Website and its functionality to the User, as well as to advertise its own activity.
- Limitation of the Website Administration's liability:
- THE WEBSITE AND ITS FUNCTIONALITY, INCLUDING ALL SCRIPTS, APPLICATIONS, CONTENT AND APPEARANCE OF THE WEBSITE, ARE PROVIDED 'AS IT IS'. THE
ADMINISTRATION DISCLAIMS ANY WARRANTIES THAT THE WEBSITE OR ITS FUNCTIONALITY MAY BE SUITABLE OR UNSUITABLE FOR ANY PARTICULAR USE. THE
ADMINISTRATION CANNOT GUARANTEE AND WILL NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND / OR ITS FUNCTIONALITY.
- FOR THE AVOIDANCE OF MISUNDERSTANDING THE USER SHALL OBSERVE THE PRECAUTIONS WHEN DOWNLOADING FROM THE WEBSITE OR THROUGH THE LINKS
AVAILABLE AT THE WEBSITE AND USING ANY FILES, INCLUDING THE SOFTWARE. THE WEBSITE ADMINISTRATION STRONGLY RECOMMENDS TO USE ONLY LICENSED
SOFTWARE, INCLUDING ANTIVIRAL PRODUCTS.
- USING THE WEBSITE THE USER ACKNOWLEDGES THAT HE DOWNLOADS ANY MATERIALS FROM OR THROUGH THE WEBSITE AT HIS OWN RISK AND BEARS PERSONAL LIABILITY
FOR PROBABLE CONSEQUENCES OF USING SUCH MATERIALS, INCLUDING LIABILITY FOR DAMAGE WHICH MAY BE INFLICTED TO THE USER'S COMPUTER OR TO THIRD
PARTIES IN CONNECTION THEREWITH, FOR DATA LOSS AND ANY OTHER HARM.
- IN NO EVENT THE WEBSITE ADMINISTRATION OR ITS REPRESENTATIVES SHALL BE HELD LIABLE TO THE USER OR TO THIRD PARTIES FOR ANY INDIRECT,
OCCASIONAL, ACCIDENTAL DAMAGE, INCLUDING LOSS OF PROFITS OR LOST DATA, INJURY TO HONOUR, DIGNITY OR BUSINESS REPUTATION, CAUSED BY USE OF
THE WEBSITE, ITS CONTENT OR ANY OTHER MATERIALS TO WHICH YOU OR OTHER PERSONS HAVE OBTAINED ACCESS THROUGH THE WEBSITE, EVEN IF THE WEBSITE
ADMINISTRATION WARNED OR REFERRED TO PROBABILITY OF SUCH HARM.
- PRICE AND SETTLEMENT PROCEDURE
- In consideration for granting the right to use the Software the Licensee shall pay to the Licensor a remuneration displayed in Personal Account.
The amount of revenues shall be determined by the Licensor in automatic mode based on internal data of the system. A report on revenues shall be generated and forwarded to the Licensee by the 5th day of the month following the reporting one and may be objected by the Licensee within 5 calendar days.
In the event there are no reasoned objections received within the specified time, the data of the report shall be recognized as agreed by the Parties and binding.
Transfer of funds shall be carried out on or before the 5th day of the month following the reporting one.
- According to the subparagraph 26, paragraph 2, Article 149 of the Tax Code of the Russian Federation remuneration is not subject to VAT.
- The test period during which the remuneration provided for in clause 4.1 is not collected within the period specified in the Licensee's Personal Account.
- The Licensee's obligations to pay the Remuneration shall be deemed fulfilled after receipt of the relevant funds to the Licensor's operating account specified herein.
- All other settlements not provided for in this Section shall be agreed between the Parties in supplement agreements hereto.
- LIABILITY OF THE PARTIES
- The Software is provided to the Licensee 'AS IT IS' according to the principle generally accepted in international practice. It means that
the Licensor shall not be held liable for any problems arising in the course of the Software installation, update, support and operation
(including any problems with respect to compatibility with other software products (packages, drivers, etc.), issues caused by varying
interpretations of supporting documentation, inconsistency of results obtained from the Software use with the Licensee's expectations and so on).
The Licensee should realize that it is fully responsible for any probable adverse effects caused by incompatibility or conflicts of the Software
with other software products installed in the Licensee's hardware.
- The Licensor is not responsible for any breakdowns in the Software operation resulting from the Licensee's fault, failure of internet connections, communication channels and so on.
- The Licensor is not responsible for profitability of the Software use by the Licensee.
- Any use of the Software in a way not provided for herein or after termination hereof or otherwise beyond the scope of the rights granted to the
Licensee hereunder shall entail liability for violation of the right for the Software use set forth in the legislation and / or herein.
- The period for transfer of funds to pay the penalty makes up 30 calendar days from the date of the claim on elimination of the relevant violation sent by the Licensor.
- In failure of the Licensee to meet the deadlines specified in the Clause 4.1 hereof for payment of the license remuneration the Licensee shall
pay to the Licensor a forfeit amounting to 0.1% (zero point one percent) of the outstanding sum for each day in arrears. The Licensor also
reserves the right to block the Software use by the Licensee.
- The Licensee shall guarantee that the content it uploads to the system does not infringe the copyrights of any person, and also vest in the
Licensor the right to copy and reproduce the texts, photos and video uploaded, including among others without indicating the authors of such.
- Otherwise for failure to comply with or improper observance by the Parties of the terms hereof the Parties shall be held liable according to the
current legislation of the Russian Federation.
- FORCE-MAJEURE
- The Parties shall not be held liable for partial fulfilment, failure to fulfil or improper fulfilment of their obligations hereunder if it
results from the circumstances of insuperable force (force-majeure), in particular, fire, flood, earthquake, war.
- The Party for which it becomes impossible to fulfil its obligations hereunder due to the force-majeure circumstances is obliged immediately
(within 3 days) to notify the other Party in writing on occurrence of such circumstances.
- Late notification of the other Party on occurrence of the force-majeure circumstances shall deprive the Party of its right to refer thereto in the future.
- CONFIDENTIALITY
- The Parties shall neither disclose nor otherwise use confidential information except for the purposes aimed at fulfilment of their obligations hereunder.
- Confidential information is the information received within implementation hereof and containing commercial or any other secret protected by law
that belongs to either Party or the information that is directly referred to by the Parties as confidential. All documents containing confidential
information to be submitted hereunder shall be marked as 'Confidential'.
- Confidential information also includes personal data of guests that are not subject to be disclosed to third parties. In addition to that the
Licensor reserves the right to use personal data for statistical purposes after their preliminary depersonalization.
- In case of registration of any guest in the system the prohibition mentioned in the previous paragraph shall not apply.
- The Party that has failed to observe the confidential clause shall be held liable in compliance with the legislation of the Russian Federation.
In particular, the Party having violated the confidential clause or having used confidential information in its own interests without involvement
of the other Party shall reimburse the other Party for all expenses and losses (including any loss of profits) inflicted due to such violation, even
if it resulted not from intent but from negligence of the Party in default.
- The Party having caused any loss (corruption) or disclosure or having posed a threat to such loss (corruption) or disclosure of any confidential
information shall upon request of the other Party reimburse the losses (if any) inflicted to the latter and pay a forfeit in the amount equal to the
losses inflicted (if any) but in all cases not less than 500 EURO.
- The demand to reimburse the losses and / or to pay a forfeit is subject to be satisfied within 10 (ten) working days from the date of receipt
of the relevant request in writing.
- Confidential information may be communicated to the competent governmental authorities in cases and according to the procedure provided for in
the current legislation and under such circumstances it will not give rise to liability for its disclosure.
- Information will not be referred to confidential if it is legally available for free and the Party being the owner of such information does not take reasonable measures to protect its confidentiality.
- The fact of making this Agreement is not confidential and may be used by the Parties for promotional and marketing purposes.
- In more details the relations associated with use (communication, receipt, storage, processing, etc.) of confidential information are regulated by the Confidentiality Agreement signed by the Parties together herewith.
- SETTLEMENT OF DISPUTES AND APPLICABLE LAW
- All issues and discrepancies that may arise between the Parties in connection with conclusion, execution and termination hereof shall be settled by means of negotiations according to the legislation of the Russian Federation.
- Observance of pre-trial (complaint) settlement procedure is obligatory for all disputes arising from this Agreement. Any claims shall be sent by
the Parties through HelpDesk system. The period for examination and response to the claim constitutes 15 (fifteen) working days after its receipt by the Party-addressee.
- If any dispute cannot be resolved by means of negotiations, all disputes, discrepancies and demands arising from or connected with this Agreement,
including those concerning its execution, violation, termination or invalidity, shall be settled in the Moscow Arbitration Court according to the legislation of the Russian Federation.
- AMENDMENT AND TERMINATION OF LICENSE
- The terms of this License shall be accepted by the User as they are by means of complete and unconditional adhesion, without any exceptions.
- This License may be unilaterally amended by the Rightholder. Notification of the User about any amendments inserted in the terms of this Licence
shall be made available to the public (posted) at the website https://unihotel.org/main/open_license/ located on the Internet. Such amendments to the terms of this
License shall come into effect from the date of their posting except as otherwise specified in the relevant publication.
- The Licensee may at any time refuse from the Software use by giving the relevant notice to the Rightholder in writing. The License fee paid by the User before termination of the License is non-refundable.
- The Licensor is entitled unilaterally to terminate this Agreement in accordance with pre-trial procedure under the following circumstances:
- repeated violations by the Licensee of the ways of the Software use;
- single failure of the Licensee to meet the deadlines for payment of the remuneration specified in the Clause 4.1.
In this case the Rightholder also reserves the right to restrict (withdraw) access of the Licensee to the Software.
- ADDITIONAL TERMS AND FINAL PROVISIONS
- In all other matters not specified herein the Parties shall be governed by the current legislation of the Russian Federation.
- If any provisions hereof is found invalid or void (in whole or in part), such provision shall become unenforceable and is considered as omitted from
the text hereof (to the extent the provision is considered to be invalid or void), and all other provisions hereof shall remain in full force and effect.
- All notices and communications hereunder shall be sent by e-mail to the addresses stated herein or through HelpDesk system.
- This Agreement is made in Russian and in English. In case of any differences or controversial points the version in Russian shall prevail.
- DETAILS OF THE RIGHTHOLDER
LLC EVROFANTAZIYA
Moscow, Pyatnitskaya str., 43/3, office 5
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Bank:-
Bank -
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Free Global