This Agreement is concluded between LLC SRC Hydrometallurgy (hereinafter referred to as the Owner) and any person who, after accepting the terms of this agreement, becomes a user of the site located on the Internet at the address: www.gidrometall.ru (hereinafter referred to as the Site), hereinafter referred to as “User”, collectively referred to as the “Parties” in the text of the Agreement, and individually as the “Party”.
In accordance with Article 435 of the Civil Code of the Russian Federation, this User Agreement is an offer.
In accordance with Article 438 of the Civil Code of the Russian Federation unconditional acceptance of the terms of this Agreement is considered the fact of registration on the Site.
This Agreement, concluded by accepting this offer, does not require bilateral signing and is valid in electronic form.
1. Terms and definitions used in the Agreement
In the Agreement, unless the text of the Agreement expressly implies otherwise, the following words and expressions will have the following meanings:
1.1. Site means a set of software and hardware for computers, providing the publication for public viewing of information and data, united by a common purpose, through the technical means used for communication between computers on the Internet. The site is available on the Internet at: www.gidrometall.ru.
1.2. Administrator/Owner of the Site – LLC SRC Hydrometallurgy, located at the address: 196247, St. Petersburg, Leninsky ave., 151, fl. 6, of. 635, cab. 26.
1.3. All objects placed on the Site, including design elements, text, graphic images, illustrations, videos, scripts, programs, music, sounds and other objects and collections thereof are recognized as Site content. The Owner of the Site is the owner of the exclusive rights to use the Site, including all content of the Site.
1.4. The User – a user of the Internet, in particular the Site.
1.5. Account details (if any) – a unique user name (login) and password for logging in to the Site, indicated by the User when registering on the Site.
1.6. Moderation – viewing by the Site Owner the content placed (or planned to be placed – Premoderation) on the Site by the User for its compliance with the provisions of this Agreement.
2. The subject of the agreement
2.1. The Owner of the Site provides to the User services on granting access to services of the Site, thus an obligatory condition of granting by the Owner of the Site of services according to the present Agreement is acceptance, observance by the User and application to relations of the Parties of requirements and the provisions defined by the Agreement.
2.2. The Owner of the Site has the right to change the terms of the Agreement and all its integral parts without the notice of the User by posting a new edition of the Agreement or any of its integral parts, which have changed, on the Site. Taking into consideration that newsletters may be considered spam by the Parties, User is obliged at least once a month to get acquainted with the content of the Agreement, posted on the Site, in order to get acquainted with its changes in time. A New edition of the Agreement and/or any of its integral parts comes into effect from the moment of its publication on the Site, unless another term for entry of the changes into force is determined by the Owner of the Site at their publication. The current edition of the Agreement and all its appendixes is always available on the Site in public access at the following address: https://www.gidrometall.ru/eng/contacts.
3. Rights and obligations of the Site Owner
3.1. The Site Owner is obligated to:
3.1.1. Provide to the User the services specified in paragraph 2.1 of this Agreement.
3.1.2. Allow the User to fill in information about himself/herself.
3.1.3. Not to disclose to third parties the User’s Account details.
3.1.4. Provide twenty-four-hour availability of the server where the Site is hosted, except for the time of maintenance work.
3.2. The Site Owner has the right to:
3.2.1. In case of violation by the User of the conditions of the Agreement direct to the User the warning containing the list of violations. If the User fails to eliminate violations within one day from the moment of sending him to notice or repeatedly violates these conditions or other conditions, the Site Owner has the right to unilaterally refuse to execute the Agreement, to block the User’s access.
3.2.2. Perform Moderation in cases when the content posted by the User promotes hatred and/or discrimination against people on racial, ethnic, gender, religious, social grounds; promotes the use of drugs and other means harmful to health; calls for cruelty to animals; violates the rights of national and other minorities; contains calls for violent acts; violates the rights of authors and other owners of intellectual property rights.
3.2.3. Manage statistical information related to the functioning of the Site, as well as data of Users to ensure targeted display of advertising information to different audiences of Site users.
3.2.4. Send the User information about the development of the Site and its services; send sms-messages to inform about activation codes, conduct surveys about the quality of the Site, provide and request other information, as well as advertise their own activities and services.
4. User Rights and Obligations
4.1. The User is obligated to:
4.1.1. Read in full the terms of this Agreement before registration on the Site.
4.1.2. Comply with all terms and conditions of this Agreement.
4.1.3. Not to disclose information about other Users, obtained through the Site, to third parties.
4.1.4. Not to transfer own Account information to third parties.
4.1.5. Not to publish on the Site personal data of other persons, and not to use personal data of other Users or Users in any way that does not meet the requirements of Russian laws, for illegal or unlawful purposes, for profit and any other purposes that do not meet the purposes of creation of the Site.
4.1.6. Not to publish in the Profile information and objects (including links to them) that may violate the rights and interests of others.
4.1.7. Not to register as a User on behalf of or instead of another person, or to register a group (association) of persons or a legal entity/ sole trader as a User.
4.1.8. Do not upload, store, publish, or distribute any information that:
contains threats, discredits, insults, defames honour and dignity or business reputation, or violates the privacy of other Users or third parties;
violates the rights of minors;
is vulgar or obscene, contains obscene language, contains pornographic images and texts or scenes of sexual nature with the participation of minors;
contains scenes of violence or inhumane treatment of animals;
contains a description of the means and methods of suicide, any incitement to commit suicide;
advocates and/or promotes racial, religious, ethnic hatred or hostility, promotes fascism or ideology of racial superiority
contains extremist materials;
promotes criminal activity or contains advice, instructions or guidance on how to commit criminal acts;
contains restricted information, including, but not limited to, state and trade confidential information, information about the private life of third parties;
contains advertising or describes the attraction of using alcohol and/or drugs including “digital drugs” (sound files that affect the human brain by means of binaural rhythms), information on the distribution of drugs, recipes for their production and consumption advice;
is fraudulent in nature;
as well as violating other rights and interests of citizens and legal entities or the requirements of the legislation of the Russian Federation.
4.1.9. Not to use software and not to carry out actions aimed at violation of normal functioning of the Site and its services or personal pages of the Users, not to download, store, publish, distribute and not give access or otherwise use viruses, trojans and other harmful programs; not to use automated scripts (programs) for information gathering on the Site and (or) interaction with the Site and its services without special permission of the Site Owner.
4.1.10. Not attempt to obtain access to another User’s login and password, including, but not limited to, deception, hacking, etc.
4.2. The User is prohibited from:
4.2.1. Perform illegal collection and processing of personal data of other Users.
4.2.2. Access any services in any way other than through the interface provided by the Site Owner, unless such actions have been expressly allowed to the User in accordance with a separate agreement with the Site Owner.
4.2.3. Reproduce, duplicate, copy, sell, trade, or resell services for any purpose, unless such activities have been expressly permitted to the User under the terms of a separate agreement with the Site Owner.
4.2.4. Post commercial and political advertising outside the special sections of the Site, established by the Site Owner.
4.2.5. Post any information that, in the opinion of the Site Owner, is undesirable, violates on the interests of Users, or for other reasons is undesirable for posting on the Site.
4.3. The User has the right to:
4.3.1. Access to the server where the Site is hosted on a 24-hour basis, except the time of maintenance work.
4.3.2. Independently change the password without notice to the Site Owner.
4.3.3. Independently edit previously posted information about themselves on the Site.
4.3.4. Contact support to block your own profile (if there are no valid demo accesses and subscriptions).
4.4. The User agrees that by accessing the Site and using its content, he/she:
4.4.1. Agrees unconditionally to all of the terms of this Agreement and agrees to abide by them or cease using the Site.
4.4.2. Gets personal non-exclusive and non-transferable right to use the content of the Site on one computer, provided that neither the User nor any other person with the assistance of the User shall copy or modify the software; create programs derived from the software; access to the software in order to obtain the codes of programs; sell, assign, lease, transfer to third parties in any other form of rights to the software of the services provided by the Site.
4.4.3. For the purposes of this Agreement, the Users give permission to the Owner of the Site to use, store, process and distribute personal data in the manner and to the extent necessary to fulfil the terms of this Agreement. The procedure for the use, storage, processing and dissemination of personal data of Users is posted on the Site at: https://www.gidrometall.ru/contacts. The User agrees to transfer to third parties personal and other data, including for the purposes of their processing, to ensure the operation of the Site, the realization of affiliate and other programs, provided that the regime in relation to the data transferred, similar to the regime that exists on the Site, including, but not limited to, the transfer of personal data to persons affiliated with the Owner or have concluded contracts with them, as well as to third parties in cases where such transfer is necessary for the use of a certain. User Processing of personal data is carried out in accordance with the Owner’s personal data processing policy.
5. User registration
5.1. In order to use the services provided by the Site Owner hereunder, the User must complete the obligatory registration procedure on the Site at https://www.gidrometall.ru/contacts. User registration on the Site is free, voluntary.
5.2. When registering on the Site, the User must provide the Owner of the Site with the necessary valid and relevant data to form a Profile, including a unique login (email address) and password for each User to access the Site, as well as his/her last name and first name. The Site registration form may request additional data from the User.
5.3. After providing the data specified in paragraph 5.2 hereof, the User must confirm the registration by expressing his/her consent by clicking on the registration confirmation link in the message sent to the e-mail indicated by the User.
5.4. Upon completion of the registration process, the User becomes the Owner of the User’s Account Information, which means that the User is responsible for the security of the Account Information, as well as for everything that will be done on the Site under the User’s Account Information. The User must immediately notify the Site Owner of any case of unauthorized access to the Site, i.e., by a third party without the User’s consent and knowledge and/or of any violation of security of the User’s Account Information. The Owner of the Site does have no responsibility for possible loss or damage of the data which can occur because of violation by the User of these paragraphs hereof.
5.5. To start using the Site, the User must enter his or her Account information in the proper section of the Site.
5.6. If the User doesn’t prove the contrary, any actions made with the use of his/her login and the password are considered as made by the relevant User. In case of unauthorized access to the login and password and/or User’s Profile or distribution of login and password the User shall immediately inform the Owner of the Site about it in the prescribed order.
6. Responsibility of the Parties
The User determines the list of organizational and software (for PC) utilities for the protection of confidentiality of the Account information and maintenance of the authorized access to it. The Owner of the Site is not responsible for damage, caused to the User as a result of disclosure to the third parties of the Account information of the User which has occurred not on fault of the Owner of the Site. If any person, other than the User, logs in to the Site using the User’s Login Information, all actions taken by that person will be considered to have been taken by that User. The User is responsible for all actions taken by them on the Site, and for all actions taken on the Site by any other person using the User’s Account data.
6.2. The Owner of the Site does not guarantee that the software of the Site is free of errors and/or computer viruses or foreign code fragments. The Site Owner grants the User the opportunity to use the Site’s software “as it is” without any warranties on the part of the Site Owner.
6.3. The Owner of the Site is not responsible for damage, caused to the User as a result of the message by other User the false information, and also caused by actions (inactivity) other User. The Owner of the Site does not guarantee, that the data contained in Profiles of Users, is authentic and full.
6.4. The Owner of the Site makes all possible efforts to ensure normal functioning of the Site, but is not responsible for non-performance or improper performance of obligations of the Agreement, as well as possible losses arising, including, but not limited to, as a result of:
Illegal actions of the Users aimed at violation of information security or normal functioning of the Site;
Malfunctions of the Site caused by code errors, computer viruses and other extraneous code fragments in the Site’s software;
Absence (inability to establish, termination, etc.) of Internet connection between User’s server and the Site’s server;
conducting by state and municipal authorities and other organizations of the activities within the framework of the System Establishment of state regulation (or regulation by other organizations) of commercial organizations’ business activity in the Internet network and / or establishment of one-time limitations by the mentioned subjects, making it difficult or impossible to execute the Agreement;
other cases involving acts (omissions) of Users and / or other subjects aimed at degrading the overall situation with the use of Internet and / or computer equipment that existed at the moment of the Agreement, as well as any other actions aimed at the Site and third parties;
performance of works, specified in paragraphs 6.5 and 6.6 of this Agreement.
6.5. The owner of the Site has the right to carry out preventive maintenance in the software-hardware complex of the Site with temporary suspension of the Site’s operation, if possible, at night time and reducing the time of inoperability of the Site as much as possible, notifying the User about it, if it is technically possible.
6.6. In case of force majeure, as well as accidents or failures in software and hardware complexes of third parties cooperating with the Owner of the Site, or actions (inaction) of third parties aimed at suspension or termination of the Site functioning, suspension of the Site functioning is possible without prior notice to the User.
6.7. The Owner of the Site is not responsible for violation by the User of the Agreement and has the right to itself at its own discretion, and also at reception of the information from other users or the third parties that the User breaks the the Agreement to change (moderate) or to delete any information published by the User breaking prohibitions, established by the Agreement (including personal messages) to suspend, limit or stop access of the User to all or to any of sections or services of the Site in any The Owner of the Site reserves the right to delete the User’s profile and (or) suspend, limit or terminate the User’s access to any of the Site’s services if he discovers that, in his opinion, the User poses a threat to the Site and/or its Users. The Site Owner shall not be deemed responsible for temporarily blocking or deleting information or deleting the User’s personal page (registration termination) conducted according to the Agreement. Deletion of the User’s Profile means automatic deletion of all information posted on it, as well as all User information entered during registration on the Site. After deletion of the User’s Personal Page, the User loses its access rights to the Site.
6.8. Neither Party is responsible for the full or partial failure to perform any of its obligations if the failure is due to circumstances such as flooding, fire, earthquake, other natural disasters, war or warfare and other force majeure circumstances which occurred after the conclusion of the Agreement and which are beyond the control of the Parties.
7. Dispute resolution and claims settlement procedure
7.1. In case of disputes between the User and the Site Owner on the issues related to the fulfilment of the Agreement, the Parties will take all measures to resolve them by sending pre-trial claims between themselves. The claim procedure of disputes resolution is obligatory. Users’ claims regarding the Services are accepted and considered by the Site Owner only in writing and according to the procedure, stipulated by this Agreement and the current Russian laws.
7.2. To solve disputes arising between the User and the Owner of the Site as a result of use of services, the following claim procedure is applied. The User who considers, that his rights are violated because of actions of the Owner of the Site, directs to the last claim containing the subject of the shown requirement, substantiation of its presentation, and also all data of the User. The claim also goes to the Owner of the Site in written form by sending by mail or by fax;
within 5 (five) working days from the date of receipt of the claim the Owner of the Site is obliged to state the position on the issues specified in it and to send the response to the e-mail address or the postal address specified in the claim of the User;
In case the dispute is not settled by the claim procedure, it shall be subject to consideration in accordance with clause 7.4 of the Agreement;
The Site Owner shall not consider anonymous claims or claims which do not allow to identify the User on the basis of the data provided by them during registration, or claims not containing the data specified in this paragraph hereof.
7.3. For the purpose of solving technical problems in defining fault of the User in the result of their unauthorized actions while using the Internet and the Site, the Site Owner shall have the right to independently involve competent organizations as experts. In case of establishment of fault of the User the latter shall compensate expenses for expert examination.
7.4. If the Parties fail to reach an agreement through pre-trial submission of claims, the dispute arising from this Agreement shall be considered in the court of general jurisdiction at the location of the Owner of the Site.
8.1. This Agreement becomes valid at the moment of acceptance of this offer by the User and is concluded for an unlimited period.
8.2. This Agreement is an offer, and the Site Owner has the right to withdraw the offer in accordance with Article 436 of the Russian Civil Code. In case of withdrawal of this Agreement by the Site Owner, this Agreement shall be considered to be terminated from the moment of withdrawal. Withdrawal is carried out by posting the corresponding information on the Site.
8.3. The provisions of this Agreement are established, changed and cancelled by the Site Owner unilaterally without notification. Since the moment of placing the new edition of the Agreement on the Site the previous edition is considered to be invalid. In case of essential change of provisions of the present Agreement the Owner of the Site informs Users about it by placing the corresponding message on the Site.
8.4. If the User does not agree with the terms of this Agreement, he must immediately delete his Profile from the Site, otherwise continued use of the Site by the User means that the User agrees to the terms of this Agreement.
8.5. Issues not regulated by this Agreement shall be resolved in accordance with the laws of the Russian Federation.