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User Agreement

The present User Agreement (hereinafter referred to as Agreement) governs relations between the User and Administration of “Knigafund” electronic library system (hereinafter referred to as “Knigafund” ELS) to provide and use System’s services.

The Agreement determines terms and rules of System services rendering and usage, establishes the rights and duties of the parties under the present Agreement, and User’s liability in case breach of System use terms and rules.

Terms and notions

For the purposes of the present Agreement terms, notions, words and expressions listed below will be interpreted as follows:

  1. “Knigafund” electronic library system ( “Knigafund” ELS, System) is the systems providing access to scientific, training, training-methodical and other associate literature and textbook of methodic with possibility to make notes and other accompanying services. The System is multimedia product created by System Administration, including software, databases and other specific subject of intellectual property.
  2. Electronic periodic publication of “Knigafund” electronic library system is www.knigafund.ru web site which has permanent name, it is periodically upgraded and is continuously supported, distributed in the network mode and registered by the Federal Service for Supervision in the Sphere of Communications and Mass Media (Mass media Registration Certificate dated March 05, 2009, series Эл № ФС77-35572) being founded by the System Administration.
  3. “Knigafund” electronic library system Administration (Administration, Administrator) is LLC “Digital Distribution Center” owns an exclusive right for “Knigafond” ELS, «KnigaFund.ru» trademark and commercial name, «Knigafund», as well as operates the System.
  4. User is registered in the System www.knigafund.ru visitor accepted the provisions of the present Agreement, willing to use services provided by the System.
  5. Content is data store containing texts, books, software, sound tracks, pictures, graphics, video, messages and any other materials located at site pages which become accessible for User when he/she registers in the System.
  6. On-line reading is service provided by the System which gives User possibility to view and read in on-line mode the books and other materials from full test publications catalogue placed in the System.
  7. Notes is service provided by the System which provides the User possibility to set out and fix his/her thoughts, make brief version of the content of any piece of work with possibility to cite, store, edit and print out the results of his/her work, as well to provide access to it to the other System Users on certain conditions.
  8. Downloading is service provided by the System giving User possibility to download files containing Content’s materials to User’s computer.
  9. User Agreement (Agreement) means the present Agreement

General terms

  1. The parties under the present Agreement are System Administration and User collectively referred to as the Parties.
  2. The present Agreement is governed by the norms of Russian Federation legislation in force.
  3. The present Agreement is public offer. While registering at web site, User acceded to the present Agreement undertakes to follow all the rules and fulfill all the conditions provided by the Agreement.
  4. This Agreement comes into force from the moment User accepted its conditions when registered at System’s web site. Prior to register, User should attentively read all the provisions of the present Agreement.
  5. System Administrator reserves the right to modify and/or amend the present Agreement at any time unilaterally without any special notification of the User. Modifications/amendments come into force following expiry of 5 (five) working days from the moment new version of the Agreement is placed on the web site provided that otherwise is not stipulated by the Agreement. In case User goes on using System’s services following modifications/amendments introduction to the present Agreement, it is regarded as User’s consent with such modifications/amendments.

Subject of the Agreement

  1. Subject of the present Agreement is rendering services provided by the present Agreement to System’s Users. System provides Users access to Electronic periodic publication of “Knigafund” electronic library system (www.knigafund.ru), being distributed in on-line mode, and includes the following services:
    • access to full text electronic catalogue (list);
    • access to site materials on-line reading services (free of charge and/or paid);
    • access to data processing services (making notes, bookmarks, markups, citing, printing, etc.);
    • access to data download services (paid);
    • access to System navigation and search;
    • access to communication means;
    • other kinds of services sold in the System.
  2. All services existing for the time being as well as any modification, development and/or adding new ones is the subject of the present Agreement.
  3. User understands and acknowledges that all the services are provided in conformance with the internal regulations of the System. To use System’s services one should have computer available corresponding the following specifications , Internet access and should undergo registration procedure (see details below). All the matters referring Internet access right acquisition, corresponding equipment and software purchase and setting-up are solved independently by User and are not covered with the provisions of the present Agreement.
  4. User understands and acknowledges that access to the pieces of work protected by copyright is given on paid basis by the way of subscription for on-line reading or payment for book downloading. Free of charge access from Russian Federation territory is provided for the pieces of work which became public domain in conformance with intellectual property legislation of the Russian Federation, as well as free services to the discretion of System Administration.

Registration

  1. To use System Services User should undertake registration and data confirmation procedure. In the course of registration User should provide reliable, complete and up-to-date information filling-in Registration Form. In case the information will change at any time following registration, User undertakes to update is on the timely basis.
  2. User agrees that his/her personal data, provided to System Administrator in the process of Registration procedure, including his/her full name, name of higher educational establishment where User studies, city of his/her residence and the other data provided by Registration Form can be processed by System Administrator for the purposes of the present Agreement, statistics and data recording purposes including for the purpose to account and form aggregated depersonalized data of social groups registered with “Knigafund” ELS.
  3. In case User was provided System access by the higher educational establishment in the frames of the Agreement (Contract) signed by System Administration and higher educational establishment, in addition to the provisions mentioned in the paragraph 2 of the present Agreement, User agrees that from time to time System Administration can process information and data referring the scope of System services utilization by such User (including the data of specific books read by User, selected by him/her for the “book shelf”, notes made) for the purpose to transfer such information and data to the higher educational establishment arranged User’s access to the System, on such higher educational establishment’s request.
  4. For the avoidance of doubt, making this Agreement following the procedure stipulated by paragraph 4 “General Terns” Division of the present Agreement means the User granted his/her consent and permitted System Administration to process the data mentioned in the paragraphs 2 and 3 of the present Division of the Agreement.
  5. User has the right to withdraw at any time his/her consent for information and data referred to in the paragraph 3 of the present Agreement processing sending written notification of this to the following e-mail: support@knigafund.ru, or by postal service to the postal address of System Administration.
  6. In the process of registration User independently decides his/her registration name (login) and his/her password to get access to personalized portion of System services. Your identification in the capacity of user is done based on login. System Administrator has the right to ban utilization of certain, namely inappropriate or offensive logins and/or withdraw them from circulation.
  7. User bears responsibility for his/her login and password confidentiality keeping, as well as for everything done in the System under his/her login and password. User is not entitled to transfer his/her registration data login and password) to the third persons, as well as has not the right to receive them from the third persons except but with written consent of the System Administrator. System is not liable referring any agreements between the User and third persons.
  8. User undertakes responsibility to inform System Users Support Service immediately in case unauthorized (not permitted by User) access to the System with his/her login and password and/or any other security violation and gaps finding in site protection system.
  9. System Administration is not liable for possible data loss or damage which can be caused by User’s breach of the provisions stipulated in the present portion of the Agreement.
  10. User is notified that System Administration is entitled to remove User Account or suspend User’s access to the System based on the following:
    • in case it has the grounds to suspect that User breaches the present Agreement;
    • information provided by the User is not complete, reliable and up-to-date;
    • User breaches intellectual property legislation of the Russian Federation;
    • User Account is not used for over 24 months from the last subscription date.

Responsibilities of User

  1. User accepts without a doubt that System Administration possesses an exclusive right to use software, multimedia product and data bases access to which is provided by the System, and, in certain scope, the right to use the pieces of work placed on the site pages. User undertakes to observe authors’ and other rightholders’ right while using the content access to which was provided by the System.
  2. User undertakes to refrain from actions which could be considered as:
    1. the breach of Russian legislation or international law norms, including those in intellectual property sphere;
    2. deteriorating normal work of System resource and web-site, including:
      • unauthorized access to full texts of publications and personified services;
      • unauthorized access to server and users’ accounts;
      • resource safety system tracing, scanning or testing;
      • TCP/IP falsification;
      • decoding, decompiling, dismantle and any influence on resource software;
      • making interference preventing other Users to utilize the resource;
      • using System services for any kind of spam;
      • intended virus infection and/or System or network “crack”;
      • using to access site any automated systems, including business applications to bulk load files to substitute client’s software
    3. deteriorating confidential information provided by the other Users;
    4. facilitation actions directed to breach restrictions and bans imposed by the present Agreement, including breach of copyright and allied rights for the pieces of work the access to which is provided by the Systems with:
      • unauthorized reproduction of the texts of pieces of work, including creating and recoding of pieces of work copies to the memory of computers and for any types of media;
      • distribution of the pieces of work, including pieces of work copies transfer to the third persons by any kind both paid and free of charge.
    5. User agrees to avoid reproduction, repeat or copy, sell and avoid from resell or make other actions which can be understood in similar way, as well as refrain to use for commercial and other purposes any portions of the System, except but cases when such permission is granted to User by System Administration in written.

Access to electronic periodic publication of “Knigafund” electronic library system ( www.knigafund.ru ), distributed in the network

www.knigafund.ru web site is mass medium in the form electronic periodic publication, registered by the Federal Service for Supervision in the Sphere of Communications and Mass Media (Mass media Registration Certificate dated March 05, 2009, series Эл № ФС77-35572).

Site as electronic periodic publication is presented in objective form aggregate of scientific works, training literature and other materials being systematized by computer in such a way to make these materials available for digital networks users, including Internet users.

Using the site as electronic periodic publication, User has the right to carry out information in need receipt with site materials search, review and reading. Herewith it is prohibited to use for materials search, review and reading the other software except but those realized in the System.

System Administration guarantees User periodic replenishment and /or update of electronic periodic publication materials following the procedure stipulated by the internal regulations of the site, governing its activity as mass medium.

Notes (outline)

User is granted the service to create Notes on System page.

Service “Summary” gives opportunity of limited direct copying machine recognized (without proofreading) text from natively *.pdf file and provide every quote reference to the specific source.

Service offer as is.

User understands that quality of machine recognize of text depends on quality of natively *.pdf file and if there are tables, schedules, images, chemical or mathematical formulas. User agrees that using of service “Summary” in whole or in part can disagree with his waiting and the Administration of System shall be liable for it.

While Notes making the User is governed by the following provisions:

  1. Notes is made by User exclusively training purposes only. All the content of the Notes is author’s ownership and he/she bears responsibility for it. To make Notes the User is entitles to used books facilities provided by the System, including possibility to copy the portions of the pieces of work in the scope provided by the agreements with their authors and/or rightholdres. The scope of possible copying is specific for each piece of work but normally does not exceed 10 % (ten percent) of piece of work scope. In case pieces of work from the other source are used User undertakes to comply with the intellectual property laws of the Russian Federation;
  2. System Administration is striving to maintain service in the form acceptable for any auditorium but reserves the right (not undertaking to) trace the content of certain Notes. Except but restrictions imposed by international and local legislation, System Administration does not impose any additional restrictions towards User Notes. Independently of above stated, User agrees that Notes created by the User should not include:
    • materials breaching the law of Russian Federation;
    • materials inspiring to make illegal actions;
    • materials spreading social, racial, national or religious hatred and antagonism, propagating social, racial, national, religious or language superiority as well as gender, age, ethnical and other kinds of people discrimination;
    • materials containing appeals for terrorist activity or justifying terrorism, other extremist materials;
    • materials containing and/or propagating pornography, scenes, pictures and descriptions of violence, cruelty, outrageous treatment of animals;
    • materials affecting the rights of the third persons including the rights for any patent, trademark, copyright and allied rights);
    • materials affecting human dignity, honor and good name, business reputation (including abusive, derogatory, slanderous inventions);
    • materials infringing the right for personal image;
    • material infringing the rights or making threat to infringe third persons’ rights and interests protected by the law;
    • materials which User has not the right to make available according to the requirements of the law or in conformance with any contractual relations (including those disclosing personal, family, commercial and other secret protected by the law or the agreement);
    • materials containing hidden inserts, as well as created using technical approaches and means influences human sub consciousness and (or) harmfully affecting their health;
    • materials containing data of the means, methods of extraction, production and utilization, places where drugs, psychotropic substances and their precursor can be purchased, as well as propagating any advantages of certain drugs, psychotropic substances, similar substances and their precursor application.
  3. Users placing the data including unacceptable to any auditorium acknowledge their full responsibility for the Notes places. User was notified and agrees that in case Notes content is acknowledged illegal from the point of view of legislation applied to user, System Administration is entitled to transfer all the required data and (or) cooperate in the other way with law-enforcement agencies or other corresponding authorities;
  4. In case data of improper or offensive character of User Notes content becomes available, Administration is entitled to require from user to remove Notes as a whole or modify its content in certain time frame determined by Administration. In case failure to fulfill named requirement, Administration reserves the right to cancel User’s account (login and password). Same time System Administration does not bear responsibilities to restrict or trace Notes content;
  5. User agrees that System Administrations does not carry out preliminary review of Notes content. Simultaneously, System Administration has the right (but not the duty) at its own discretion to remove or to prohibit for publication any Notes content available in the framework of Services. Without limitation of the foregoing, Administration has the right (but not the duty) to remove from System any information or content breaching the present Agreement, being disputable, infringing or being able to infringe intellectual property right of the third persons;
  6. User undertakes to estimate by his/her own and bear all responsibility for use of any content, including its reliability, completeness and usefulness. Besides that, in case provisions of the present Agreement are breached by the User, System Administration reserves the right to restrict access to user’s Notes removing Notes and all the data referring User’s account from users base, search system, as well as other measures application to restrict access to such information.
  7. User has the right on his/her own discretion to grant the right of access to his/her Notes to the other System Users with possibility to review, read, copy and edit the Notes.
  8. System Administration can not guarantee permanent access to the content being used by User under Notes making because of content providing right terms expiry, content can become inaccessible while work with the Notes.

On-line reading

  1. Books and other materials from full text catalogue placed in the System review and reading services is rendered to the User based on on-line reading subscription, except but cases of free access granted realized in the system (the majority of literature which is not protected by copyright law is in free access).
  2. System provides for various kinds of subscriptions depending on the products selected by User (subscriptions making it possible to receive access to certain set of books and other materials systematized according to specific theme or other grounds, as well as subscription to get access to all the books and materials placed in the System).
  3. Subscriptions have various validity terms which can vary from one day to one year.
  4. The prices for on-line reading subscription can be found at: www.knigafund.ru/payments/price

Access to data downloading service

  1. Data downloading service provides User possibility to download the books and other materials (content), placed in the System, to User’s computer memory.
  2. For User convenience his/her own account certain time stores reference to book or other materials being downloaded by him/her to provide User possibility to upload it without any fear of connection problem in the process of downloading.
  3. Books and other text materials placed in the System, can be accessible by the User in unprotected (PDF) or protected (Secure PDF (PDC)) format.
  4. To download books or other text materials in unprotected format (PDF) User can use any software making it possible to read PDF-files.
  5. To provide unauthorized access protection to protected files of the books and other materials System utilizes LockLizard company technology and software. To download books and other materials in protected format it’s necessary to download to user's PC special software named LockLizard Viewer and “license” file, which are provided to the User on free of charge basis and is available in User’s private room immediately following his/her payment for access to protected book files and other materials files. :License” makes it possible to get access to all the books and materials in PDC format, being downloaded from the System by User. “License” can be installed to three (PC or MAC) units as maximum. Software and “license” file should be installed only one time on each unit. All further books and other materials downloaded from the System in protected format will not require re-installation of license or reader-software.
  6. Service cost for each book (material), as well as other terms of download are given on book (material) description page informing of possibility to download it.

User accepts the following general terms of paid services rendering and payments fulfillment:

  1. Paid services scope, terms of rendering are determined by the type of services acquired by user. Services price and rendering terms can differ depending on user’s IP-address geographic location.
  2. User has the right to pay for the services in cash/cashless form, including use of payment systems available for User by 100% advance payment.
  3. Information of the ways and terms of payment available in the System as well as payment systems available for the users can be found at: www.knigafund.ru/help/payment_list
  4. System Administration does not bear responsibility for User’s improper following the instructions of payment systems, stipulating the procedure and methods of payment, including improper fulfillment by User the rules of messages writing and calling SMS numbers, including punctuation, procedure of capital and lowercase letters writing, figures and language .
  5. System Administration is not liable for the actions of the third parties caused failure to transfer (depositing) or incomplete transfer (depositing) of monetary means to System Administration’s settlement account through electronic and other payment systems.
  6. Requirements (claims) connected with the shortages of paid services being provided can be claimed by User either in the course of service rendering, in case services provides for validity term, or in 2 (two) hours term from the moment this paid services was rendered in case service does not provide for validity term. Claims should be sent by user in written through Technical Support Service to the following address: support@knigafund.ru, as well as by mail to the postal address of System Administration. Written claim should contain detailed description of non-conformance of paid service rendered to the provisions of the present Agreement, as well as should be confirmed by documents, including screenshots attachment to the claim (screenshot is momentary “photograph” of operating computer screen with further storage in memory, processing and storage the result in individual graphic file) confirming improper rendered paid services or failure to render it. Herewith screenshot is not incontrovertible evidence of improper service rendered.  In case User’s failure to make named claims paid services is considered to rendered in a proper way and accepted by the user.
  7. User is not entitled to require from System Administration to return monetary means paid for the services in case User failed to use rendered services on his/her own discretion or by the reasons which do not depend on System Administration (i.e. User’s provider terminated to provide Internet access to user for the period of services validity term. etc.).

References

  1. System web-site can contain references to external resources. As System Administration does not control such sites and resources, User confirms that attending and using external resources is done by him/heart own peril and risk, and, therefore, System Administration is not responsible for such sites and resources operation as well as for the content, advertising, materials, goods and services available in such sites or resources.
  2. User also agrees that System Administration is not responsible and has not any direct or indirect responsibilities to the User in connection with any possible or occurred damages or losses connected with any content, goods or services available at or received from the external sites or resources.

System on-line ads

  1. User accepts the provision that all the services of the System or any portion of them can be accompanied with advertisement. User undertakes to avoid restriction of such advertisement or banners presentation with banners blocking means. Using Services, you acknowledge the right of System Administration to place such advertisement without prior notification of it and without any remuneration for the Users.
  2. The nature of placement and the quantity of ads displayed in the System in general are determined and modified on Administration’s own discretion. Correspondence of the user and his/her business relations with advertisers or user’s participation in promotion actions carried out by advertisers using System site, including payment for, delivery, as well as terms, warrantees and presentations of corresponding services or goods mentioned in or found in the results of such relations procreate the rights and obligation exclusively between the User and advertiser.
  3. User agrees that System Administration does not bear any responsibility and has not any obligations in case any damages or losses incurred to the user in the result of interaction with advertisers and (or) advertisement presence in the Services.

Confidential information and Intellectual property rights

  1. User acknowledges and agrees that System services as any software being used by the System can contain confidential or other information being the property of System Administration or the other rightholder protected by Russian Federation law.
  2. All software code of the System, its specifications as well as all the other software codes and specifications for services functioning is the subject of corresponding licenses.
  3. User also acknowledges and agrees that content of ads or information acquired in the process of Services rendering are protected by intellectual property law.
  4. Except but cases when it is permitted by System Administration or advertiser, User undertakes to refrain changes, letting for lease, renting, selling, assign, pledge, не закладывать, modifications and making derivatives based on the content, rendered services or software – completely or any portion of them.

Indemnification

User accepts and agrees that:

  1. User uses System’s services at his/her own risk;
  2. Services are rendered in the form stipulated by System Administration;
  3. System Administration does not accept any responsibility, including for services non-correspondence to User’s aims and expectations;
  4. System Administration can not guarantee that:
    • services will correspond in full User’s requirements;
    • services will be provided on permanent basis, fast, reliable and free from mistakes;
    • results which can be received in the process of services use will conform User’s expectations;
  5. System Administration is not liable for any direct or indirect losses caused by:
    • use or impossibility to use the services including any harm to user’s computer, mobile devices, any other equipment or software emerged in connection with System services utilization;
    • unauthorized access to User communications;
    • declaration or behavior of any third person in the resource.

Other terms

  1. User and Administrator agree that all possible disputes concerning the Agreement will be settled in conformance with Russian Federation laws in force.
  2. Norms of Consumer Protection Legislation can not be applied to the present Agreement referring services rendered to the user on free of charge basis.
  3. Nothing in this Agreement can be understood as making between User and System Administration any agency relations, partnership relations, cooperative relations, personal employment relations or any other relations which are not directly foreseen by the present Agreement.
  4. In case the court will acknowledge any of this Agreement provisions invalid or not subject to enforcement it will not cause invalidity or non-enforcement of the other provisions of the present Agreement.
  5. System Administration’s failure to act in case anybody of Users breaches the provisions of the present Agreement does not incapacitate Administrator to act properly to defend its interests further on, as well as does not mean Administrator’s disclaimer in case further on similar breaches will happen.
  6. Relations with Users granted access to the System in the frames of agreements (contracts) made between System Administrator and higher educational establishments until June 01, 2010 are governed by User Agreement available at the following address www.knigafund.ru/about/old_rules

User confirms that he/she read and understood all the provisions of the present Agreement and accepts them unconditionally.