End User License Agreement
Last revised on October 3rd, 2019
ATTENTION: this translation of the User Agreement is not a legally binding document. The original User Agreement, which is valid, is located at the following address: https://grammarerror.com/legal/termsofuse-ru
The End User hereby enters into a License Agreement with Kind Robots Ltd. (hereinafter referred to as "Licensor"), together hereinafter referred to as "Parties", for a non-exclusive right to use the Licensor’s Internet service grammarerror.com subject to the conditions of this End User License Agreement (Public Offer).
1.1. For the purposes of this Agreement, the terms specified below have the following meanings:
1.1.1. End User (You) means a natural person who has concluded this License Agreement (accepted the Public Offer) with the Licensor.
1.1.2. License Agreement (Agreement) means the text of this document with any supplements, modifications, and amendments hereto published on the Website and available in Russian language via the link: https://grammarerror.com/legal/termsofuse-ru
This document is a translation and is available via the link: https://grammarerror.com/legal/termsofuse-en
1.1.3. Website means https://grammarerror.com, and also all the grammarerror.com subdomains including https://forum.grammarerror.com, https://auth.grammarerror.com and https://api.grammarerror.com.
1.1.4. License Agreement Conclusion (acceptance of Public Offer) means full and unconditional acceptance of this End User License Agreement by the End User by means of accessing or using any part of the Website or starting to use the Website in any other form.
1.1.5. Website Use Rules (hereinafter referred to as "the Rules") are attached to this License Agreement and determine the general conditions of granting a right to use the Website, and also, any established restrictions and limitations of liability.
2. Scope of Agreement
2.1. The Licensor shall Grant to the End User a right to functional use of the Website subject to conditions of simple (non-exclusive) license within the functionality of the Website.
2.2. The End User shall accept the granted right to use the Website subject to the conditions specified.
2.3. The name, composition, and scope of rights to use the Website granted to the End User, as well as other material conditions of the Agreement shall be determined under the Rules.
3. Rights and Obligations of the Parties
3.1. The Licensor shall:
3.1.1. Discharge obligations stipulated by the applicable laws in force, and also, this License Agreement and Rules.
3.2. The Licensor may:
3.2.1. Dissolve the End User License Agreement or suspend it at any time including in case the End User violates the requirements of this License Agreement and the Rules, and in cases stipulated by this Agreement and the laws;
3.2.2. Limit some acts of the End User at any time including when such acts create a threat to normal functioning of the Website;
3.2.3. Carry out scheduled preventive maintenance, which can cause interruptions in the operation of the Website;
3.2.4. Unilaterally change the conditions of this License Agreement and Rules in the prescribed manner;
3.2.5. Unilaterally terminate the Agreement in the manner prescribed by the applicable laws and/or this License Agreement;
3.2.6. Exercise other rights stipulated by the applicable laws, and also, this License Agreement, and the Rules.
3.3. The End User shall:
3.3.1. Comply with this Agreement and the Rules;
3.3.2. Discharge other obligations stipulated by the applicable laws and by this License Agreement and the Rules.
3.4. The End User may:
3.4.1. Unilaterally terminate the License Agreement;
3.4.2. Exercise other rights stipulated by the applicable laws, this License Agreement, and the Rules.
4. Remuneration for Granting of Rights and Settlement Procedure
4.1. The End User is granted a right to use the Website subject to conditions of a simple (non-exclusive) license within the functional capabilities of the Website free of charge.
5. Liability of the Licensor
5.1. The rights to use the Website are granted as is, which is why the End User is given no guarantees that the Website complies with the expectations or requirements of the End User.
5.2. As the Website is constantly upgraded and new functional capabilities are added to it, the names and composition of functions provided may change from time to time without preliminary notification of the End User. The Licensor may stop (temporarily or permanently) the work of some functions of the Website at its discretion without preliminary notification of a particular End User.
5.3. The Licensor is not liable for interruptions in the work of the Website in case of software failures or operation of equipment of third parties.
5.4. The Licensor is not liable for suspension of work of the Website on the basis of a requirement of a competent state authority.
5.5. The Licensor is not liable for interruptions in access and use of the Website in connection with replacement of hardware or software or performance of other works caused by the necessity to maintain operability and develop hardware of the Licensor.
5.6. The Licensor is not liable for functioning and accessibility of particular segments of the communication network. The Licensor does not guarantee a possibility of information exchange with the communication nodes or servers, which are temporarily or permanently inaccessible through the communication network.
5.7. The Licensor is not liable for provision of security of the End User software used for work with the Website.
5.8. The Licensor is not liable for the acts of the End User in connection with the use of Website. The liability of the Licensor is limited explicitly under the conditions of the Website Use Rules binding on the Parties.
5.9. As far as the law allows, the total aggregate liability of Licensor to End User for claims of any kind that are related to the Website or content of the Website will be limited to 4000 russian rubles.
5.10. According to Russian Federation Federal Law No.2300-1 of 07.02.1992, the provisions of this law relating to the protection of consumer rights do not apply to the relations of the Licensor and the End User, since the rights to use the Website are provided free of charge.
5.11. The Licensor is not liable for the actions of third parties and their consequences, including cases when other users violate the terms on which the End User licenses his/her content.
6. Liability of the End User
6.1. The End User is liable for violation of its obligations under the Agreement in accordance with the applicable laws, conditions of the Agreement, and the Rules.
6.2. In the case of violation of applicable laws, this Agreement, and the Rules by the End User, the Licensor is entitled to unilaterally suspend the End User’s access to the Website until until the violations committed by the End User are completely eliminated. Licensor also reserves the right to unilaterally suspend End User's access to the Website for other reasons including without stating the reasons.
6.3. In the case of offensive, unacceptable behavior on the part of the End User on the Website, violation of the terms of this Agreement and the Rules, the Licensor is entitled to unilaterally block the End User’s access to the Website. Licensor also reserves the right to unilaterally block the End User's access to the Website for other reasons including without stating the reasons.
7. Duration, Amendment, and Termination of the License
7.1. The Licensor reserves the right to amend the conditions of the Agreement and/or terminate the Agreement at any time at its discretion. At the option of the Licensor, information on the amendments or termination of the Agreement is distributed to the End User by means of publication on the Website or by means of sending a relevant notification to the e-mail address specified by the End User upon conclusion of the Agreement or in the course of execution thereof. 7.2. In case of termination or amendment of the Agreement the amendments shall take effect as of the moment of notification of the End User thereof, unless another effective date is determined by the Agreement or upon such notification.
8. Circumstances of Insuperable Force (Force Majeure)
8.1. The Parties are released from the liability for partial or full default of obligations under the Agreement caused by circumstances of insuperable force that occurred after the conclusion of the Agreement. Among other things, the Parties include the following in the list of such circumstances: acts of God; natural or industrial disasters; acts of terrorism; military activities; civil disturbances; enforcement by state authorities or local government of acts containing bans or limitations with regards to activity of the Parties under the Agreement; other circumstances which can not be anticipated or prevented in advance and make it impossible to discharge the obligations of the Parties under the Agreement.
8.2. If circumstances of insuperable force occur preventing the discharge of obligations under the Agreement, the period of discharge of obligations by the Parties is prolonged in proportion to the period of action of such circumstances, and also, the time required for elimination of their consequences, however, no more than 60 (sixty) calendar days. In case circumstances of insuperable force persist for more than the above time period or if upon their occurrence it becomes obvious to both Parties that they are going to persist for more than the abovementioned time period, the Agreement is terminated.
9.1. The Agreement, its conclusion and execution is regulated by the applicable laws of the Russian Federation. All issues not regulated by the Agreement or not regulated in full shall be regulated under the material law of the Russian Federation.
9.2. Any disputes in connection with the Agreement shall be solved in preliminary complaint procedure. In case the Parties fail to reach an agreement, the disputes shall be solved in court at the place of location of the Licensor.
9.3. Unless otherwise provided for by the Agreement, any notifications in connection with the Agreement may be sent by either Party to the other party by e-mail.
9.4. If one or several provisions of the Agreement is invalid or void for some reason, such invalidity shall not influence the validity of other provisions of the Agreement, which shall remain in force.
Website Use Rules
Last revised on October 3rd, 2019
1. General Provisions:
1.1. This document determines the Website use conditions and limitations.
1.2. These Rules are an essential part of the License Agreement (Public Offer) (hereinafter referred to as "the Agreement") published in Internet at the address available in Russian via the link: https://grammarerror.com/legal/termsofuse-ru
This document is a translation and is available via the link: https://grammarerror.com/legal/termsofuse-en
1.3. Terms and definitions used in these Rules are used in the meaning determined under the text of the Agreement.
2. By Using the Website, You Agree That:
2.1. You have fully familiarized Yourself with the conditions of these Rules and Agreement prior to using the Website.
2.2. The start of Your using the Website in any form means that You fully accept all the conditions of these Rules and the Agreement without any exemptions and limitations on Your part. The Website may not be used under other conditions.
2.3. If You do not agree with the conditions of these Rules or the Agreement or are not entitled to conclude the Agreement on the basis thereof, You shall immediately stop any use of the Website.
2.4. The Rules shall be approved, supplemented, and amended by the Licensor at its discretion and shall be communicated to the End User in the manner provided for notification of the End User on amendment of the Agreement.
3. Website Use License and Permitted Use of the Website:
3.1. The Licensor grants to the End User a right to functional use of the Website subject to conditions of simple (non-exclusive) license within the functional capabilities of the Website.
3.2. Some content of the Website is published under Creative Commons Attribution-ShareAlike 3.0 Unported License (CC BY-SA 3.0).
3.2.1. All the forum content located at https://forum.grammarerror.com, is provided under CC BY-SA 3.0 license.
3.2.2. In all the other cases when CC BY-SA 3.0 license is used, the content block is explicitly marked as published under the license.
3.3. Reproduction of any content other than mentioned above in p. 3.2 is prohibited.
3.4. Any other use of the Website, including reproduction of design elements, computer programs, and databases included in the composition of the Website, as well as recompilation and modification thereof is strictly prohibited.
4. Accepting the Conditions of These Rules You Acknowledge and Guarantee That:
4.1. You have all the rights and powers necessary to conclude the Agreement and execute it.
4.2. You will use the Website only for the purposes allowed by these Rules in compliance with their provisions, and also, the requirements of the Agreement, the applicable laws, and common practice.
4.3. You will not perform any acts contradicting with or preventing the work of the Website (or the work of the relevant equipment, networks, or software used for operation of the Website).
4.4. Your use of the Website for particular purposes does not infringe any property and/or personal non-property rights of third persons, and also any bans and limitations established by the applicable laws including without limitation copyright and allied rights, trademark rights, service mark rights, and rights to names of product places of origin, rights to industrial samples, rights to use the images of dead or alive persons etc. The Content placed by you does not contain information and/or images harming the reputation of and giving offence to any persons; promoting violence, pornography, drugs, racial or national hatred, and also, you have obtained any necessary permits from the authorized persons in connection with the Content use.
5. User Content License:
5.1. By accepting the conditions of these Rules and the Agreement, you grant to the Licensor a free simple (non-exclusive) license for the use of the Content you add (place or transmit) to the Website.
5.2. The above simple (non-exclusive) license for the use of the Content is granted to the Licensor simultaneously with your adding of the Content to the Website for the entire period of validity of exclusive rights to any items of copyright and/or allied rights forming such Content to use in the territories of all countries of the world.
5.3. The simple (non-exclusive) license granted to the Licensor allows for the following use of the Content:
- reproduce the Content i.e. make one or more copies of the Content in any material form, and also save them to an electronic device (reproduction right);
- distribute copies of the Content i.e. provide access to the Content reproduced in any material form, including by network or other methods, and also by means of sale, lease, rent, lend, including import for any of the above purposes (distribution right);
- demonstrate the Content in public (public demonstration right);
- communicate the Content in a manner enabling any person to get online access to it from any place and at any time at the option of such person (publication right);
- modify the Content i.e. rearrange or revise the Content in any other manner;
- assign the acquired rights or a part thereof to third persons (sublicensing right);
- assign the acquired rights or a part thereof to third persons under the terms of CC BY-SA 3.0 license if the content was provided to the Licensor under the terms of the license by the End Users or if the content was published by the End User on the forum located at https://forum.grammarerror.com.
6. By Agreeing to these Rules, You Understand and Acknowledge That:
6.1. The Website is intended for different age categories and is not a mass medium. According to p.2 ch.14. of Russian Federation Federal Law "On Protection of Children from Information Harmful to Their Health and Development", Licensor may but is not required to mark information products with a sign containing the restriction of its distribution to children according to the categories of information products specified in p.3 ch. 6 of the law.
By using the Website, You assume the risk that You may encounter content of the wrong age category.
6.2. You may not use the Website for:
- Placing and/or distributing counterfeit content;
- Placing and/or distributing pornographic content, and also for promotion of pornography and children’s erotica, or for advertising sexual services;
- Placing and/or distributing any other prohibited information including extremist materials, and also materials aimed at limiting human rights and freedoms based on racial and national identity, religion, language, and gender, inciting acts of violence to any person, or inhumane treatment of animals, calling for commitment of other illegal acts, including explaining a procedure for manufacturing and employment of weapons, drugs and pre-courses thereof etc.;
- Placing and/or distributing ID documents or private financial information; Preferred or exclusive placing of links to other websites;
- Distribution of advertising materials in personal messages to other End Users without obtaining their advance consent to the receipt thereof (SPAM);
- Limitation of access to pages and files placed on the Website or transmitted to it by means of password or otherwise.
6.3. You must not place the content containing information, forbidden for distribution among children, namely:
1) inducing children to commit actions posing a threat to their life and (or) health, including to infliction of harm to health, suicide;
2) capable of causing the desire to use drugs, psychotropic and (or) stupefying substances, tobacco products, alcoholic and alcohol-containing products, beer and the drinks made on its basis, to take part in gambling, to be engaged in prostitution, vagrancy or begging;
3) proving or justifying admissibility of violence and (or) cruelty or inducing to commit violent acts in relation to people or animals;
4) denying family values and forming disrespect for parents and (or) other family members;
5) justifying illegal behavior;
6) obscene language;
7) containing information of pornographic character.
6.4. In spite of the prohibition established, in the course of using the Website You may receive content, which in Your opinion my contain information of insulting or obscene nature, and also, violating the applicable laws and rights of the third parties in any other way.
Please inform the technical support service (firstname.lastname@example.org). Your request will be processed and the corresponding content will be deleted.
6.5. The Licensor respects the rights of the owner for intellectual property and demands the same from You. The Licensor strongly opposes the violation of the rights for intellectual property on the Website.
6.6. The Licensor does not control Your actions on content placing, but as far as possible filters the placed content according to the Licensor’s Policy.
6.7. The Licensor urgently reacts to claims of owners about violation of the rights for intellectual property in connection with use of the Website of the Licensor. The Licensor does not allow violations of the rights for intellectual property on the Website and will delete or disconnect access to the content violating the rights for intellectual property if violation is confirmed properly.
6.8. If the Licensor removed the content as breaking someone’s rights or laws, and You consider the content to be removed mistakenly, You have the right and opportunity to challenge the decision by emailing us at the address: email@example.com
6.9. The Licensor reserves the right to unilaterally remove any content from the Website or temporarily restrict access thereto.
6.10. In case of repeated violation of conditions of these Rules, the Agreement, and/or requirements of the applicable laws, the Licensor reserves the right to block Your profile (account) in full or restrict (stop) granting of rights to use the Website.
6.11. In case the Licensor is brought to responsibility or punished in connection with Your violations of rights of third parties, and also, prohibitions and restrictions established by the applicable laws, You must compensate the losses of the Licensor in full.
6.12. The Licensor reserves the right to place advertising materials and links to other sites in special blocks on the Website. Such materials or links may be targeted to the content or information on the Website, or other information. The types and extent of advertising on the Website are subject to change. In consideration for Licensor granting You access to and use of the Website, You agree that Licensor and its third party providers and partners may place such advertising in connection with the display of content or information submitted by You or others.
6.14. You are solely responsible for any violation of obligations established by these Rules, the Agreement and/or applicable laws, and also, for any consequences of such violations (including any losses or damage which may be caused to the Licensor and third parties). The Licensor declines any responsibility in connection with Your violations, and also, Your infliction of harm or losses in the above circumstances.
6.15. The Licensor shall not be liable for the use of publicly available personal data of End Users by anyone.
7.1. The End User independently determines the conditions and procedure for the use of account created by them, which, however, under no circumstances may contradict these Rules and the Agreement.
7.2. The End User is responsible for maintaining the confidentiality of his/her data (login and password) used for logging in to the Website. All acts performed on the Website using login and/or password of the End User are considered to be that of the End User.
7.3. In case You find that Your rights and/or interests are violated using the Website, including by illegal placement of materials by the End User, You shall notify the Licensor thereof. For this purpose You shall send a notification to the Licensor with a detailed specification of circumstances of violation and a hypertext link to the Website page containing materials violating Your rights and/or interests to e-mail address: firstname.lastname@example.org.