1.1 Administrator – Federal State Autonomous Educational Institution of Higher Education Higher School of Economics, National Research University, an organization established and operating at the address: 101000, Moscow, Myasnitskaya street, 20, state reg. number: 1027739630401. The administrator is the administrator of the Resource and offers the User to conclude this agreement by accepting this public offer by the User.
1.2 User – an individual who has expressed his intention to place any data on the Resource, including, but not limited to, data containing the User's Works. The Parties proceed from the fact that the User is the legal owner of the exclusive right or other right, on the basis of which he has the right to allow and prohibit the use of legally protected results of intellectual activity and means of individualization that are part of the data that he intends to place on the Resource.
1.3 Resource – a web-site available at: https://hsedesign.com/, https://hsedesign.ru including all its domains, subdomains, pages, software, and any other content. The resource allows the User to:
1.4 Partner Resource – a website and/or application of a third party with which the Administrator has reached an agreement on the possible placement of the Works posted by the User on the Platform. The Administrator has the right (within the limits limited by this Agreement) to place Works on Partner Resources without obtaining a separate consent of the User and without paying a separate remuneration to the User. The Administrator does not control the Partner Resources: the decision on the placement of Works, on the procedure and conditions for the placement of Works, on termination of the placement of Works is made directly by the administrator of the Partner Resource in the manner and on the terms of the regulatory documents of such an administrator of the Partner Resource, available at the following addresses:
1.4.1. https://deziiign.ru/legals/offer.
1.5 Works – the results of intellectual activity posted by the User on the Resource, including works, other results of intellectual (creative) activity, means of individualization.
1.6 RIA – «results of intellectual activity» for short.
1.7 Agreement – this agreement concluded between the User and the Administrator by the User's acceptance of this public offer.
1.8 Regulatory documents are the following documents:
All Regulatory Documents, regardless of whether they are applicable to a particular User, always act as annexes to this Agreement, are its integral part and have the same legal force and effect as if they were defined or reproduced in the main part of the Agreement, and any reference to the Agreement includes a reference to all Regulatory Documents.
1.9 Administrator of the account service («Account»):
2.1 The Regulatory Documents are addressed to and may be entered into by any natural persons aged 16 or over, including self-employed persons and self-employed persons (who act as natural persons in the Agreement), including foreign citizens and stateless persons.
2.2 A user who has reached the age of 16 has the right to independently register and use the Resource within the legal capacity established by applicable law. If the User has not reached the specified age, or upon reaching this age, is additionally limited in capacity, in cases where additional age restrictions are set for the use of a specific function, and also in the case when this is required by applicable law, the use of such functions is allowed only with the consent of parents or other legal representatives.
2.3 The administrator has the right to set additional age restrictions for individual functions, elements, or for the entire Resource as a whole, which can be indicated both in the documents governing the use of the Resource, and in the content of the Resource, in the description of the function or element of the Resource, etc.
2.4 Having gained access to the Resource or using any of its functions (with or without an account), a person accepts this offer and accepts all the Regulatory Documents provided for in clause 1.7. Agreements. Separate Regulatory Documents may otherwise determine the circle of persons to whom they are addressed and (or) a different procedure for their acceptance.
3.1 The Administrator, in accordance with the Regulatory Documents, grants the User a simple (non-exclusive), non-transferable and revocable license to use the Resource functions in all countries of the world and on the Internet free of charge for the period specified in clause 3.5. Agreements.
3.2 By posting RIA on the Resource, the User, free of charge, provides the Administrator under the terms of this Agreement with a simple (non-exclusive), non-transferable and revocable license allowing the Administrator to use the RIA posted by the User on the Resource in all countries of the world and on the Internet, for the period specified in clause 3.5. Agreements.
3.3 The Administrator grants the User the right to use the Resource in the form of:
3.4 The User grants the Administrator the right to use the RIA in the form:
3.5 The Parties grant the licenses provided for in this section of the Agreement for the entire period during which the User continues to post RIA on the Resource.
3.6 The User may at any time remove the RID from the Resource and thus terminate the Agreement.
3.7 The Administrator may at any time restrict or prohibit the use of the Resource to the User who has violated the terms of the Regulatory Documents, and thus terminate the Agreement.
3.8 Nothing in this Agreement implies the transfer of the exclusive right to the RIA to the Party, such a right is retained by the owner of the RIA in full.
3.9 In case of alienation by the Administrator of the rights to the Resource in favor of a third party (for example, upon sale or other transfer), the User agrees to the assignment (transfer) of all rights and obligations of the Administrator under this Agreement to this third party and to the novation of obligations to the User.
3.10 When using the RIA by the processing method, the Administrator has the right, including, but not limited to, to provide the RIA with a preface, afterword, changes, additions and comments, use the RIA or part thereof in advertising the Resource and for marketing and information purposes when promoting the Resource, and also impose on the RIA logos and means of individualization - without payment of remuneration, without obtaining a separate permit and for the entire period specified in clause 3.5. Agreements.
4.1 The User reserves the right to use the RID independently.
4.2 The Administrator has the right not to provide the User with reports on the use of the RIA.
4.3 This Agreement does not imply the payment by the Party of any remuneration to the other Party.
4.4 All and any permissions given by a Party to the other Party in the Agreement do not require the Party to obtain the separate consent of the other Party, do not require advance warning of the Party and do not require any information about the intention of the Party to exercise the rights granted by the Agreement.
5.1 The user guarantees that:
5.1.1 The User is the sole owner of the exclusive right to RIA or another right, on the basis of which he has the right to allow and prohibit the use of RIA, and acts in relations with the Administrator either as the sole author or as the author-compiler of a complex object of intellectual rights (composite work), to which transferred all rights to the objects included in the composite work, or is the sole owner of the exclusive right to RIA for any other reason, and nothing prevents the conclusion and execution of this Agreement solely by the User;
5.1.1.1 The parties agreed that any indication by the User on the Resource of any third parties means only the gratitude of the author for the influence that these third parties had on him, cannot and will not be considered a legally binding indication of co-authorship, joint ownership of an exclusive right, joint ownership of the rights of the author , joint possession of rights adjacent to the right of the author, or any other legal regime of joint disposal of rights, and in the event of relevant claims, the User undertakes to independently resolve the contradictions and release the Administrator from the relevant requirements;
5.1.2 The User's exclusive right to RIA or another right, on the basis of which he has the right to allow and prohibit the use of RIA, is not pledged by the time the license is granted, is not transferred to a third party under an exclusive right alienation agreement, is not limited by the norms of a license agreement with conditions on license exclusivity, is not burdened by anything that in any way prevents the Administrator from exercising the rights received under the Agreement, and is not burdened by the rights and requirements of any third parties, and in the event of relevant claims, the User undertakes to independently resolve the contradictions and release the Administrator from the relevant requirements;
5.1.3 None of the persons who provided technical, organizational, legal or other assistance to the User in creating the RIA, claims authorship or payment of remuneration for the use of the RIA or for the disposal of the rights to it, and in the event of relevant claims, the User undertakes to independently resolve the contradictions and release the Administrator from relevant requirements;
5.1.3 None of the persons who provided technical, organizational, legal or other assistance to the User in creating the RIA, claims authorship or payment of remuneration for the use of the RIA or for the disposal of the rights to it, and in the event of relevant claims, the User undertakes to independently resolve the contradictions and release the Administrator from relevant requirements;
5.1.4 If the RIA posted by the User on the Resource contains an image (image) of a person, the User gives the Administrator permission to carry out any further use of this image (image) without payment of remuneration and without the need to obtain a separate permission, including, but not limited to, use in creative, educational, educational activities, as well as in entrepreneurial or other economic activities of the Administrator. If the User does not have the right to give such permission or has lost the right to give such permission, then he is obliged to refrain from posting data containing such an image, or stop posting such data, respectively, and in the event of relevant claims, the User undertakes to independently resolve the contradictions and release the Administrator from the relevant requirements;
5.1.5 The User guarantees that he will comply during the registration process and during any other use of the Resource (including any cases of indicating the authorship of the RIA) all the requirements for authorship and the use of the name and pseudonyms established by the legislation of the Russian Federation. The User, by posting his name or creative pseudonym(s) on the Resource, gives the Administrator permission to use such name and/or such creative pseudonyms in creative, educational, educational activities, as well as in entrepreneurial or other economic activities of the Administrator without payment of remuneration and without need for a separate permit.
5.2 In case of non-compliance by the User with the guarantees provided for in clause 5.1. Agreement, he undertakes to indemnify the Administrator for real damage caused by non-compliance with the specified guarantees. Lost profits and indirect losses are not recoverable.
5.3 The administrator guarantees that:
5.3.1 Will use the RIA exclusively within the limits limited by this Agreement;
5.3.2 Will not restrict or prohibit the use of the Resource, except in cases of violation by the User of the rules of the Regulatory Documents.
5.4 If the Administrator fails to comply with the guarantees provided for in clause 5.3. Agreement, he undertakes to compensate the User for real damage caused by non-compliance with the specified guarantees. Lost profits and indirect losses are not recoverable.
6.1 Responsibility for data:
6.1.1 The Parties agree that the Administrator is not obliged and does not have the technical ability to view and verify the data posted by the User on the Resource. The user is responsible for the compliance of the form and content of the posted data with all the requirements of applicable law, including liability to third parties.
6.1.2 In cases where the placement of data violates the rights and legitimate interests, including the personal non-property rights of authors, other intellectual rights, infringes on the intangible benefits belonging to the authors and copyright holders, the User undertakes to independently resolve contradictions and conflicts and release the Administrator from the relevant requirements, otherwise indemnify the Administrator for any damages and all other losses caused by the controversy or conflict, including indirect damages and lost profits.
6.1.3 The Administrator has the right (but not the obligation) at its own discretion to refuse the User to place data or part of the data and delete any previously posted data or part of the data.
6.2 Responsibility for non-observance of the rights of others:
6.2.1 The Parties acknowledge that all objects of rights available as part of the Resource, including:
as well as any other objects are objects of the corresponding rights of the Administrator, users or other copyright holders.
6.2.2 The use of any data of the Resource is possible only within the framework of the functionality and legal grounds offered by the Regulatory Documents. By default, no data can be used without the prior permission of the copyright holder. Exceptions are cases expressly provided for by applicable law or the Regulatory Document.
6.3 Personal non-commercial use of content by an individual who is not an entrepreneur
6.3.1 Such use is permitted provided:
Exceptions are cases expressly provided for by law or the Regulatory Document.
6.4 Links to third party content
6.4.1 The resource may contain links to other sites on the Internet, owned and operated by third parties.
6.4.2 These third parties and their data are not and should not be checked by the Administrator for compliance with the requirements of reliability, completeness, legality.
6.4.3 The Administrator is not responsible for information posted on third-party websites to which the User gains access by independently accessing them from the Resource, including for any statements, appeals, offers, offers, advertising, as well as for the availability of such sites or such data and for the consequences of their use by the User.
6.4.4 A link placed on the Resource in any form to any site, product, product, service, any information of a commercial or non-commercial type, is not an approval or recommendation of these products (services, activities) by the Administrator.
6.5 Promotion and marketing activities
6.5.1 The administrator, independently and jointly with third parties, has the right to conduct promotional and marketing campaigns, contests and similar events, including long-term ones. The holding of such events is governed by the relevant sections of the Regulatory Documents, and in cases where the law requires the publication of the conditions or rules of such an event in the form of a separate document, the holding of the event is additionally governed by such separately published conditions and rules.
6.6 Disclaimer of Warranty. Providing functions "as is". Test character of some functions
6.6.1 The User and the Administrator acknowledge that the Resource is a complex technological object that requires constant maintenance, including constant changes to it and testing of these changes.
6.6.2 All functions of the Resource and the Resource itself are provided for use in the legal regime “as is” (“as is”), which is permitted by applicable law when granting the right to use the software.
This includes the following:
6.6.3 Under any circumstances, the liability of the Administrator is limited to 10,000 (ten thousand) Russian rubles and is assigned to him only if there is guilt in his actions in the form of intent.
6.6.4 The parties understand that, according to applicable law, relations arising under this agreement on a gratuitous basis are not subject to consumer protection rules.
6.7 No automated requests and malware
6.7.1 In the event that automated requests to the Resource are detected from the User's equipment, as well as if the data received from the User's equipment contains malicious programs or unsafe code, or when automatic protection tools used on the Resource have identified the presence of such malicious programs or unsafe codes in the transferred equipment of the Data User, the Administrator has the right, within the framework of self-defense of his right to information security, to stop accepting any information generated automatically or containing malicious and unsafe elements, to prohibit the equipment of the Resource from connecting to the equipment of such a User, to block or delete the account of such a User, and also to prohibit the User from creating account, for the first time or again.
6.8 Prohibition of decompilation
6.8.1 The administrator prohibits decompilation and reverse engineering of the Resource software.
6.9 Right to request confirmation
6.9.1 The administrator may at any time request confirmation of the data specified in the Account and block the Account while checking the confirmation provided by you, and if confirmation is not provided within a reasonable time, delete the Account and deny access to the Resource, as well as prohibit the creation of Accounts again.
6.10 Rights when the User provides incorrect, distorted or offensive information, violation of the Regulatory Documents.
6.10.1 If the User provides information that is incorrect, distorted or offensive to third parties, or the Administrator has reason to believe that the information provided by the User is incorrect, distorted or offensive, if the User has violated the terms of the Regulatory Document, then the Administrator has the right, at its discretion, to block or delete the User Account and refuse in the use of the Resource, as well as to prohibit the User from creating Accounts again.
7.1 The place of conclusion and place of execution of the Regulatory Documents is always the location of the Administrator, and the law applicable to the relationship between the Administrator and the User is always the law of Russia, regardless of where the User is located or the equipment used to conclude and execute the Regulatory Document. Any exceptions to this rule are valid only if agreed in a separate contract.
7.2 The Regulatory Documents may not be confidential if their offers are public, but non-public agreements entered into in connection with the Regulatory Documents may.
7.3 In case of entry into force of changes in the legislation of Russia that make it impossible and (or) significantly complicate the implementation of any provisions of the Regulatory Document, the Parties undertake to conclude a new Regulatory Document in such a way that it contains changes that bring it into line with the changed requirements of the legislation and as closely as possible to the original purposes of his imprisonment.
8.1 In the event that the Regulatory Document is available in several languages, the Russian version shall have legal priority for interpretation.
8.2 The terms "agreement" and "agreement" are equivalent for all Regulatory Documents.
8.3 It is believed that in each Regulatory Document, the words “including”, “include”, “includes” and “including”, “such as”, “for example”, “for example”, are always followed by the phrase “but not limited to”, which does not limit the general character of what precedes these words.
8.4 It is believed that in each Regulatory Document the word “or” is understood by default as an enumeration, that is, similarly to “and”, if it does not directly follow from the meaning of the text that the word “or” means exactly the choice of one of the options.
8.5 It is considered that in each Regulatory Document the meaning of a Word used with a capital letter is no different from the meaning of the same word used with a lowercase letter.
9.1 All disputes and disagreements are resolved exclusively by the appropriate court at the location of the Administrator.
11.1 Termination of this Agreement is possible in the following order
11.1.1 Unilaterally. The User may at any time remove the RID from the Resource and thus terminate the Agreement. The Administrator may at any time restrict or prohibit the use of the Resource to the User who has violated the terms of the Regulatory Documents, and thus terminate the Agreement.
11.1.2 By agreement of the parties. If, for some reason, one of the parties wants to terminate the license agreement ahead of schedule, and the other party does not object, an additional agreement of the parties is concluded to this Agreement, which is signed by both parties.
11.1.3 By decision of the court.
12.1 In relations between the Parties, electronic documents certified by a simple electronic signature may be used.
12.2 A simple electronic signature will be recognized as an electronic signature that confirms the fact of the formation of an electronic signature by the User through the use of one of the following keys:
12.3 Electronic documents signed with a simple electronic signature are recognized as equivalent to paper documents signed with a handwritten signature.
12.4 The Administrator determines the User, which corresponds to a simple electronic signature by the username and password used by the User in case of any actions to use the functions of the Resource, or by the email address used by the User in case of receiving messages from such an address.
12.5 Any actions performed using a simple electronic signature of a certain User are considered to be committed by such User.
12.6 In case of unauthorized access to the key consisting of a login and password, in case of its loss or disclosure to third parties, the User is obliged to immediately inform the Administrator about this by sending an e-mail message from the e-mail address specified when using the Resource.
12.7 In case of unauthorized access to e-mail, the address of which was specified when using the Resource, in case of loss of data for access to it or disclosure of data for access to it to third parties, the User is obliged to immediately replace such an address with a new one in the settings of the Resource and then report the data events by sending an email from the specified new email address.
13.1 The User agrees to receive messages from the Administrator to the email address and subscriber phone number specified by the User when using the Resource functions (hereinafter referred to as "Notifications"). The User has the right to revoke his consent to receive Notifications. The Administrator has the right to use Notifications for:
13.2 The User, in turn, undertakes to send all messages, notifications, statements and documents (including messages that are responses to Notifications) to the Administrator's email address specified in the Agreement.
13.3 Documents that, in the opinion of the Administrator, have legal significance, the Administrator has the right to request in paper form. Such documents, as well as documents that the User himself considers necessary to send in paper form, are sent to the address of the Administrator's location specified in the Agreement.
ADMINISTRATOR:
Federal State Autonomous Educational Institution of Higher Education HIGHER SCHOOL OF ECONOMICS, National Research University
101000, Moscow, Myasnitskaya street, 20
State reg. number: 1027739630401
Email address: info@hsedesign.com
Effective Date of this revision of the document: 01 September 2022
1.1. When using the Platform, you should avoid:
1.2. If the User violates any of the rules listed in this clause, the Administrator has the right, within the framework of self-defense of his right to information and legal security, to stop accepting any information from such User, prohibit the Platform equipment from connecting to the equipment of such User, block or delete the Account of such User, and also prohibit User from creating Accounts, for the first time or again.
1.3.1. Adult content
Pornography posting is prohibited. However, we distinguish pornography and other adult material. Nude images in the context of art, education and science not related to pornography are acceptable, but we have the right to limit the publication and availability of such content so that Users who do not want to consume such content do not accidentally stumble upon it.
1.3.2. Incitement to hatred or enmity
Content aimed at inciting hatred or enmity towards a social group is prohibited. We refer to social groups as people who can be united on the basis of their race, ethnicity, nationality, religious beliefs, gender, sexual orientation, disability or health status. a certain age, weight, or height.
1.3.3 Criticism and insults
You can post content aimed at expressing criticism, but we reserve the right to restrict or remove relevant content in order to keep the Platform a positive place.
Posting content containing insults is not allowed.
1.3.4. Disinformation
Posting false or misleading content is prohibited.
1.3.5. Personal information
It is forbidden to post other people’s personal and confidential information, especially personal data.
1.3.6. Suicide, self-harm, drugs
It is prohibited to post content that demonstrates, argues or encourages suicide, self-abuse or substance abuse.
1.3.7. Violence and threats
Content containing scenes of realistic violence, disturbing scenes before or after violent events, threats or statements that glorify violence are prohibited.
It is prohibited to post content that calls for harm to people or animals, including sexual, physical or economic exploitation.
1.3.8. Extremism
It is forbidden to post content that informs about the dangerous activities of individuals or groups. Content related to the activities of extremist organizations, terrorist organizations, criminal groups or individuals, as well as content that supports or glorifies the commission of offenses, is prohibited.
1.3.9. Prohibited goods and activities
The platform is not a place to trade prohibited goods, information or substances that may be harmful when used, modified or manufactured. It is forbidden to post offers of sale or purchase, donation or exchange of such goods. It is forbidden to post offers of the provision of services prohibited by applicable law, or offers to order the provision of such services.
1.3.10. Activity on behalf of another user
It is forbidden to impersonate another person or his/her representative, as well as to provide false information about your affiliation with a certain organization.
1.3.11. Comments
All Platform Usage Rules apply to posted comments.
1.3.12. Intellectual property and other rights
It is forbidden to post content that violates or is potentially capable of violating intellectual property rights, the right to privacy and other rights.
1.3.13. Spam
You are not allowed to take any action aimed at spreading spam.
It is forbidden to create or use fake accounts, create accounts in large quantities, or create accounts for the purpose of violating these rules.
It is forbidden to post links to questionable, deceptive, untrustworthy or inauthentic sites, as well as sites that contribute to the spread of spam.
It is forbidden to send bulk unsolicited messages or leave inappropriate comments, especially if they are deceptive or commercial in nature.
It is forbidden to artificially manipulate content distribution, clicks and other metrics, including: buying or selling engagement, adding irrelevant keywords, generating inauthentic traffic, using fake or hacked accounts to perform actions.
You are forbidden from evading anti-spam systems, such as by using redirecting and link shortening services, or intermediate websites that hide the final destination of a link.
ADMINISTRATOR:
Federal State Autonomous Educational Institution of Higher Education HIGHER SCHOOL OF ECONOMICS, National Research University
101000, Moscow, Myasnitskaya street, 20
State reg. number: 1027739630401
Email address: info@hsedesign.com