Online Patent — User Agreement
1.1. Online Patent LLC (hereinafter — Online Patent) offers an Internet user (hereinafter — the User) to use the Online Patent Site (located at https://onlinepatent.ru/), including functions of the Online Patent computer program (certificate of state registration No. 2016663797, registered on 16 December 2016, and its derivatives, the right holder of which is Online Patent) available via the Online Patent Site, under the terms set forth in this Agreement (hereinafter — Agreement). This Agreement shall become effective from the moment the User agrees to its terms as specified in Clause 1.4 hereof.
1.2. The Online Patent offers Users access to a wide range of services in the field of intellectual property via the Online Patent Site, including services for filing applications and conducting state registration of intellectual activities results, tools for searching registered intellectual property objects, storing information on such, etc. All existing services in the field of intellectual property as well as any development of them and (or) addition of new ones are the subject hereof.
1.4. By starting to use the Online Patent Site or by completing the registration procedure, the User is deemed to have accepted all the terms hereof, without any reservations or exceptions. If the User disagree, it may not use the Online Patent Site. If Online Patent has made any amendments hereto as specified in Clause 1.3 hereof, with which the User disagree, the User shall stop using the Online Patent Site.
2. User Registration. User Account
2.1. In order to use some features of the Online Patent Site, the User shall complete the registration procedure, as a result of which a unique account will be created for it.
2.2. To register, the User shall provide true and complete information about itself on questions offered in the registration form, and to keep such information up to date. If the User provides incorrect information or if Online Patent has reason to believe that information provided by the User is incomplete or unreliable, Online Patent may at its sole discretion block or delete the User's account and refuse to allow the User to use certain features of the Online Patent Site.
2.3. The Online Patent may at any time require the User to confirm data specified at registration and request in this regard supporting documents (in particular, identity ones), failure to provide which, at the discretion of the Online Patent, may be equated with provision of false information and lead to consequences provided in Clause 2.2 hereof. If the data specified in documents provided by the User does not match the data specified at registration, or if the data specified at registration does not allow to identify the User, Online Patent may deny the User access to the account and use the Online Patent Site.
2.5. When registering, the User shall choose an email address that corresponds to the User’s login (unique symbolic name of the User's account). User account password (combination of letters, numbers and symbols, unique for login) is initially created by standard means of the Online Patent Site and can be changed by User on its own initiative at any time.
2.6. The User is solely responsible for ensuring the confidentiality of login and password. The User is solely responsible for all actions (as well as consequences thereof) performed within or using the Online Patent Site under User's account, including cases when the User voluntarily transfers data for access to its account to third parties on any terms (including under contracts or agreements). At the same time, all activities within or using the Online Patent services under the User's account are deemed to be performed by the User, unless the User has, as specified in Clause 2.7 hereof, notified Online Patent of any unauthorized access to the Online Patent services using the User's account and/or of any breach (suspected breach) of its password confidentiality.
2.7. The User shall immediately notify Online Patent of any unauthorized (not permitted by the User) access to the Online Patent Site using the User's account and/or of any violation (suspected violation) of its means of access (password). For security reasons, the User shall safely log out of its account (logout button) at the end of each session on the Online Patent Site. Online Patent is not responsible for possible loss or damage of data, as well as other consequences of any nature that may occur due to violation of this part of the Agreement by the User.
2.8. User may not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Online Patent Site (including content accessible to the User via the Site), or access thereto, unless the User has obtained such permission from Online Patent.
2.9. Terminating Registration. Online Patent may block or delete the User's account, as well as prohibit access using any account to the Online Patent Site, and delete any content without explanation, including in case the User violates this Agreement or other documents stipulated by Clause 1.3. hereof.
2.10. The User may reset access to its account on the Online Patent Site at any time.
3. General Provisions on the Use and Storage
3.1. Online Patent may establish restrictions in use of the Online Patent Site for all Users, or for certain categories (depending on the User's location, language in which the service is provided, etc.), including in relation to availability/absence of certain Site functions. Online Patent may prohibit automatic access to the Site.
3.2. Online Patent may send messages to its users. By using the Online Patent Site, the User also agrees to receive advertising messages in accordance with Part 1, Article 18 of the Federal Law "On Advertising". The User may refuse to receive promotional messages by using the corresponding functionality of the Online Patent Site.
3.3. In order to improve the quality of services rendered, Online Patent may collect opinions and feedback from Users on various issues by sending a message when the User next visits the Site. The opinions and feedback collected can be used to generate statistical data, which in turn can be used on the Online Patent Site. Feedback left by the User via its account may also be published by Online Patent on the Online Patent Site or other websites, either with or without a user name (login). When writing feedback, the User agrees to be guided by this Agreement, including Clause 5 thereof.
4.1. User is solely responsible to third parties for its actions related to use of the Online Patent Site, including, if such actions will lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Online Patent Site.
4.2. When using the Online Patent Site, the User may not:
4.2.1. violate the rights of third parties, including intellectual property rights and (or) harm third parties in any form;
4.2.2. pretend to be another person or a representative of an organization and/or community without sufficient rights, including a person who owns exclusive rights to a particular intellectual property object, as well as use any other forms and methods of illegal representation of other persons on the network, as well as mislead users or Online Patent about the properties and characteristics of any subjects/objects;
4.2.3. collect and store personal data of others without authorization;
4.2.4. disrupt normal operation of the Online Patent Site;
4.2.5. contribute to actions aimed at violating restrictions and prohibitions imposed hereby;
4.2.6. otherwise violate the rules of law, including international laws.
5. Exclusive Rights to the Content and Services
5.1. All objects available via the Online Patent Site, including design elements, text, graphics, illustrations, videos, databases, music, sounds and other objects (hereinafter — the Site Content), as well as any content posted on the Site, are the subject of exclusive rights of Online Patent, Users, and other copyright holders.
5.2. Use of the content or any other elements of the Online Patent Site is possible only within the Site functionality. No part of contents of the Online Patent Site or any other content posted thereon may be used in any other way without prior permission from the copyright holder. Use includes, but is not limited to: reproduction, copying, processing, distribution on any basis, framing, etc. The only exceptions are the cases expressly provided by laws of the Russian Federation.
5.3. The User's use of elements of the Online Patent Site and any content for personal, non-commercial use is permitted, provided that all copyright, related rights, trademarks, other proprietary notices, name (or pseudonym) of the author (name of the copyright holder) is kept intact, as well as the corresponding object. The only exceptions are the cases expressly provided for in laws of the Russian Federation.
6. Third-Party Sites and Content
6.1. The Online Patent Site may contain links to other (third party) websites. Such third parties and their content are not reviewed by Online Patent for any requirements (accuracy, completeness, legality, etc.). Online Patent is not responsible for any information, materials posted on third-party sites to which the User gains access by following such links, including any opinions or statements expressed on third-party sites, advertising, etc., as well as for the availability of such sites or content and consequences of their use by the User.
6.2. A link (in any form) to any site, product, service, or any information of commercial/non-commercial nature posted on the Online Patent Site does not constitute an endorsement/recommendation of those products (services, activities) by Online Patent, except where expressly stated on the Online Patent resources.
7. Disclaimer of Warranties, Limitation of Liability
7.1. The User shall use the Online Patent Site at its own risk. The Site functionality is provided "as is". Online Patent assumes no responsibility, including for compliance of the Site and its functions with the User's purposes;
7.2. Online Patent does not guarantee that the functionality of the Online Patent Site meets (will meet) the User's requirements, all functions of the Site will be carried out at the User's request continuously, quickly, reliably, and without errors, the results that can be obtained using the Site will be accurate and reliable, and can be used for any purpose or in any capacity (for example, to establish and/or confirm any facts); the quality of any product, service, information, etc. obtained using the Site will meet the User's expectations;
7.3. Online Patent is not responsible for any damages resulting from the User's use of the Online Patent Site or any of its functions.
7.4. Under any circumstances Online Patent's liability under Article 15 of the Civil Code of the Russian Federation is limited to RUB 10,000 (ten thousand rubles) and is imposed if its actions are guilty.
8.1. This Agreement constitutes the contract between the User and Online Patent regarding the use of the Online Patent Site and supersedes all previous agreements between the User and Online Patent.
8.2. This Agreement shall be governed by and construed in accordance with laws of the Russian Federation. Matters not regulated hereby shall be resolved in accordance with laws of the Russian Federation. All possible disputes arising from the relations governed hereby shall be resolved in the manner prescribed by applicable laws of the Russian Federation. Throughout this Agreement, unless explicitly stated otherwise, the term "law" shall mean both the law of the Russian Federation and the law of the User's location.
8.3. Due to the gratuitous nature of the services rendered hereunder, the norms on protection of consumer rights stipulated by laws of the Russian Federation may not be applicable to relations between the User and Online Patent.
8.4. Nothing herein shall be construed as establishing between the User and Online Patent an agency, a partnership, a joint venture, a personal employment, or any other relationship not expressly provided for herein.
8.5. If for any reason one or more provisions hereof are held invalid or unenforceable, the validity/enforceability of the remaining ones shall not be affected.
8.6. Failure by Online Patent to act in case of violation by the User/other users of Agreements does not deprive Online Patent of the right to take appropriate actions to protect its interests later, and does not mean that Online Patent waives its rights in case of similar violations in the future.
8.7. This Agreement is made in Russian and in some cases may be provided to the User for review in another language. In case of discrepancy the Russian version shall prevail.