1.1. The Sitewww.experika.com, its content and services may only be used on the basis of the present Agreement between the User and Experika.
1.2. The present Agreement is a contract of adhesion. That means that all its terms are defined by Experika beforehand and the User can make this Agreement only by force of approval of all its terms without any provisos or amendments. The approval of all the terms of this Agreement also means the approval of all the terms contained in it without exception.
1.4. If at least one of the terms of the present Agreement is unacceptable for the User, the latter must not conclude this Agreement and stop using the Site www.experika.com immediately.
1.5. The text of the present Agreement contains detailed information about the services provided by the Site www.experika.com. The User does not have the right to expect any services besides those given herein.
1.6. If any term in the present Agreement is incomprehensible, request legal assistance before using the site www.experika.com.
2.2.User – an individual person who has reached full civil capacity. In most cases full civil capacity begins at the age of 18. Experika does not provide access to the Site to persons who do not have full civil capacity. Sometimes while referring to the User in this Agreement, Experika uses the pronouns "you", "your", etc.
2.3.Parties – Experika and/or the User.
2.4.Website (Site) – consists of the software, database and web design components owned by Experika, posted on the Internet with the domain name experika.com and any of its mirror domains.
2.5.Information – the entire data contained on the Site.
2.6.Implicative actions – the parties actions that express the will to establish a legal relationship, not in the form of a spoken or written declaration but in the form of behavior which points to this intention.
2.7.Content – the general name for any type of information, software, databases and web design components contained on the Site.
2.8.Account – a record containing the data that the User posts onto the Experika system which determines the rights and responsibilities of the User.
2.9. Hyperlink (link) – a part of the hypertext referring to another component located on a local disk or computer network.
2.10. Spam – mass mailing of information to persons who have not expressed any wish to receive it.
3.1.Experika provides its User with the following features through the Site:
a) to post on the Site (and through it - on the Internet) any information which does not conflict with the Terms of this Agreement;
b) to have access to all the information posted on the Site by other users.
3.2.The User is obligated to comply with all the terms of the present Agreement without exception.
3.3. Therewith, the User must take into consideration that by providing the features above, Experika does not guarantee that the Site will work twenty-four hours a day without interruption. In this regard, Experika also does not guarantee the availability and safekeeping of any content on the Site.
3.4. In time the Site may be handed over to other persons, modified or closed.
3.5.Experika does its best to ensure that the Site is useful for users. However, whether or not the User successfully achieves his/her goals in using the Site depends primarily on other users. Therefore Experika does not guarantee that these goals will be achieved while using the Site.
3.6.This Site is free of charge for users.
3.7.The present Agreement governs Experika’s activities as the owner of the personal data base.
4.1. The User may begin to use the Site after registration. The result of the registration procedure is that a profile is assigned to the registered User.
4.3.The User must register personally and does not have the right to delegate anyone else to do this.
4.4.At any time Experika has the right to refuse access to the Site to any User at its discretion and without giving reason.
5.1.Before posting any information on the Site the User must ensure that its form and content does not contradict the laws and terms of this Agreement. In case of doubt the User must refrain from posting information and consult Experika.
5.2.Before posting any information on the Site the User must ensure that it is valid.
5.3.By posting information on the Site you are disseminating this information. Familiarize yourself with the laws of your country regarding information dissemination before using the Site. If required, consult an attorney.
5.4.By accepting the terms of this Agreement, the User gives consent for his/her personal data voluntarily posted on the Site to be processed and disseminated without warning. The User agrees that the purpose of processing this personal data is to create opportunities for other users to search for the User on the Site on the basis of this data. The User voluntarily gives access to his/her personal data voluntarily posted on the Site, and also takes into consideration that by posting such data onto the Site it makes it publicly available. The result is that the Site becomes an open source of information about the User’s personal data. The User agrees that any other User of the Site and any third party can get access to his/her personal data posted on the Site. In turn, by adhering to the present Agreement, the User gets access to the personal information of other users registered on the Site without any additional requirements.
5.5.If the above mentioned reasons for processing personal data change, Experika will promptly notify the User, who, if he/she disagrees with such changes, may terminate this Agreement in accordance with the established procedure, namely by closing his/her account. Non-removal of the account will mean the User’s consent to his/her data being processed in accordance with the altered goal.
5.6.All of the User’s personal data is saved solely in his/her account. The content of the User’s profile is created by him- or herself. The User has the right to change or remove any personal data from his/her account.
5.7.If the information contains any publications (copyrighted), trademarks, other commercial items or other objects of intellectual property rights, by posting such information on the Site you are using this information privately. With a few exceptions this information cannot be used without the written consent of the holders of the intellectual property rights.
5.8. The following information is forbidden to be posted on the Site:
- information owned by third parties and being confidential or constituting state or other secrets;
- invalid information;
- information which is derogatory to individuals or entities or which contains statements that promote a culture of violence and brutality, racial, ethnic or religious intolerance and discrimination;
- information which is pornographic or otherwise violates the principles of public morality;
- information which violates the economic and moral rights of people, including but not limited to intellectual property rights, the right to privacy, etc.;
- information which defames the name of individuals;
- information amended in order to destroy any copyright, related rights, other references to membership of objects of intellectual property rights contained in such information;
- information which is an advertisement or description of goods, work or services;
- information which encourages users to republish it (so-called "chain letters");
- information qualified as spam.
5.9. At any time Experika has the right to remove any information of any User at its discretion without giving reason.
5.10. Opinions posted on the Site by users are not the opinions of Experika.
6.1. Posting information on the Site, the User confirms and guarantees under his/her full responsibility that he/she has exclusive property rights to use and grant permission to use by third parties (as well as the right of disclosure) the objects of intellectual property law contained in such information.
6.2. Posting information on the Site, the User gives to Experika and to other users a non-exclusive license (authorization, permission) to use the objects of intellectual property rights contained in this information, as well as on Experika’s partner sites through the creation of derivative works, or through it being distributed, promulgated, published, publicly reported, copied, reproduced, altered, adapted, translated, recorded, publicly demonstrated, posted on the Internet or any other actions anywhere in the world, which qualify as using objects of intellectual property rights.
6.3. Posting on the Site information containing objects of intellectual property rights, the User understands that such objects of intellectual property rights become a part of the Internet and third parties can get unimpeded access to them through the Internet. Also the User understands that information which is deleted from the Site remains on the Internet for a considerable period of time, being saved on the hard disks of search engines and other users. Some of these search engines and users can be located in jurisdictions where intellectual property rights are not protected or protected to a lesser degree than in the jurisdiction of the User.
6.4. Taking into consideration the information given above, the User gives Experika the right to present to other users and third parties a license (authorization, permission) to use the objects of intellectual property rights posted by the User on the Site, as well as information posted by Experika on its partner sites through the creation of derivative works, or through it being distributed, promulgated, published, publicly reported, copied, reproduced, altered, adapted, translated, recorded, publicly demonstrated, posted on the Internet or any other actions anywhere in the world, which qualify as using objects of intellectual property rights.
6.5. If the User does not intend to give Experika and third parties the opportunity and the right to use objects of intellectual property rights owned by him/her, he/she must refrain from posting information containing such objects on the Site.
7.1. By accessing information on the Site you will be collecting and using it. Familiarize yourself with the laws of your country regarding the collection and use of information before using the Site. Please note that much of the information on this Site is information about individuals and may be qualified as personal data. If necessary, consult an attorney.
7.2. It is prohibited to use the Site for collecting and using information about legal bodies (Site users) which does not meet the purpose for which it was posted by these users.
7.3. Before using the personal data of other users you need to familiarize yourself with legislation on personal data protection. By saving personal data on your hard disk you fall within the scope of national and international legislation on personal data protection in automated (electronic, computer) systems.
7.4. By getting access to information, you also get access to the objects of intellectual property rights contained in this information. In this case, you are only entitled to read these objects of intellectual property rights and you do not have the right to use them in any way. One should take into consideration that saving web-pages containing the objects of intellectual property rights on your hard disk and later viewing them is classified as copying and reproducing the objects of intellectual property rights. Experika does not grant you the right to copy and reproduce the objects of intellectual property rights that you find on the Site in this or any other way.
7.5. If you want to share some information from the Site with third parties, you are entitled only to give them a link to this information on the Site. Experika prohibits the distribution of information posted on the Site in any other way.
7.6. The laws of your country may allow you to freely use a number of objects of intellectual property rights in a limited way. If you decide to take this opportunity, it is obligatory to put a direct link to this Site as the source of this information.
8.1. The Site www.experika.comcontains software, databases, web design components and other products whose copyrights are owned by Experika. By providing you the opportunity to use the Site it does not mean that you are entitled to use these products. You do not have the right to use these products in any way, including but not exclusively, through copying, reproducing, modifying, changing, arranging, decompiling, creating derivative works, etc.
8.2. The name "Experika" is a registered trademark and regardless of this, the commercial name used by Experika.
9.1. Besides the obligations set forth in the other articles of this Agreement, when using the Site, the User must comply with the following obligations in full measure without notice and delay:
- use a password containing a combination of not less than 6 characters, including letters and/or numbers, and keep it private from third parties;
- observe netiquette;
- delete his/her personal data in case of refusal of this Agreement and cease using the Site;
- immediately inform Experika about the violation of any provision of this Agreement by others;
- immediately notify Experika if the User intends to act contrary to this Agreement.
10.1. By accepting the terms of the present Agreement, the User undertakes to reimburse in full measure any losses incurred by third parties in connection with:
a) non-compliance of the User with any of the provisions of this Agreement;
b) persistent violations of the User when using the Site.
11.1. Experika is not responsible for the following conditions:
- loss (damage) or modification of the information posted by the User on the Site;
- the User’s inability to access the Site content, including information posted by other Experika users for reasons beyond Experika’s control;
- the continuous and uninterrupted operation of the Site;
- deleting a User account;
- access to a User account by third parties as a result of illegal acts committed by the latter (for example, as a result of unauthorized access to the account) or due to the fault of the User;
- illegal use of personal information posted by the User on the Site;
- illegal use of intellectual property rights, if Experika was not notified about these violations by copyright holders.
11.2. Any information (including links to other sites) available on the Site is posted by other users. Experika does not check such information, as well as the purpose for it being posted, and does not take responsibility for its content. If the User intends to use such information in any way, at first he/she must independently verify it, including but not exclusively for the intellectual property rights of the third parties.
11.3. In any case Experika is not a mediator between users or an agent or representative of any of them and does not guarantee the standard and safety of collaboration between users on the Site and off it.
12.1. If you have found that your intellectual property rights have been violated on the Site, please, email Experika immediately. In the email give a detailed explanation of the nature of the violation and specify the particular page of the Site on which the information has been posted, which in your opinion is of violation of your intellectual property rights. Attach to the email the documents that identify you as an individual or legal person, as well as the documents proving your ownership of the intellectual property rights.
12.2. Experika is obliged to take measures to curb intellectual property right violations on the Site immediately.
13.1. The user can change the pricing plan only when the current service expires.
13.2. The clients should change their pricing plans using the available interface.
13.3. Refund. Experika do not provide the refund for paid or provided service. The refund can be provided only when User do not get the access to the servise after completed payment. It can be caused of technical reasons, website failures or billing system failures.
13.4. To get the refund in case of unprovided service after payment, User should write a feeddback to the support team of Experika.
14.1 The present Agreement shall come into force from the moment the User registers on the Site, which is regarded as an implicative action. By registering on the Site the User confirms that he/she has received all the relevant information about the services offered and that this information is understandable.
14.2. The Agreement is concluded for an indefinite period.
14.3. Under the present Agreement the User has no right to pass his/her rights and responsibilities to third parties.
14.4. Experika has the right to change the terms of this Agreement at any time, and the User will be notified of these changes. The User has the right not to accept such changes to the Agreement, and this entails the dissolution of the Agreement.
14.5. Each side has the right to terminate this Agreement unilaterally at any time. The Contract is terminated from the moment one of the parties deletes the User account.
14.6. The User has been duly informed about something, if he/she has been sent an e-mail to the address given when registering.
14.7. The recognition of certain terms of this Agreement invalid or not concluded does not entail the full nullity of the Agreement.
14.8. The present Agreement is written in English and may be presented to the User in other languages for review. In case of divergence of the English with other language versions of the Agreement the Russian one will prevail.