EFFICIENT from: 01 March 2020
IMPORTANT, READ CAREFULLY: THE USE AND ENJOYMENT OF THE WEBSITE AND ACCESS TO THE WEBSITE, PRODUCTS AND SERVICES AND ACCOMPANYING SOFTWARE (COLLECTIVELY „SERVICES”) OF THE VIRTUAL COMMUNICATION CLASS OF SCIENCES AND ITS AFFILIATES. ACCEPTANCE OF THESE TERMS AND CONDITIONS, WHICH INCLUDE YOUR AGREEMENT ON ARBITRATION CLAIMS. PLEASE REVIEW THEM CAREFULLY BEFORE ACCEPTING THEM.
PAYING FOR THE SERVICE AND GAINING ACCESS TO THE NAUKANET SERVICE, IMPLIES ACCEPTANCE OF THESE TERMS AND CONDITIONS AND ALL FORMS OF ORDER. NAUKNET SERVICES ARE NOT AVAILABLE TO PERSONS WHO DO NOT HAVE LEGALLY PURCHASED ACCESS TO THE SERVICE.
NaukaNet will provide the Services and you may access and use the Services in accordance with this Agreement. If you order the Services by e-mail or by the order form (the „Order Form”), it may contain additional terms and information regarding the Services you order.
System requirements. Use of the Services requires one or more compatible devices, access to the Internet and specific software (web browser), periodic program updates may appear. Because your use of the Services involves hardware, software and Internet access, the performance of these factors may affect your ability to access and use the Services. Fast Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
I. General provisions
The NaukaNet service is provided by SmartNet Solution Limited, 85 Great Portland Street, W1W 7LT London, Company number 09439913, on the basis of the terms and conditions contained therein and the applicable Polish law.
- DEFINITIONS.The following definitions will apply in this Agreement, and any reference to the singular includes references to the plural and vice versa.
„End User” means the User and the participant who uses the Services.
„Initial subscription period” means the initial subscription period of the Service specified in the Order Form.
„Effective date of the Service” means the date of commencement of the initial subscription period as specified in the Order Form.
„Renewal Term” means the renewal subscription period for the service commencing after the initial subscription period or any other renewal period specified on the Order Form.
II. DIGITAL SERVICES.NaukaNet will provide the Digital Services as described in the Order Form and standard updates of the Digital Services that are publicly available through NaukaNet during that period. NaukaNet may, at its sole discretion, discontinue providing the Digital Services or modify the functions of the Digital Services from time to time without prior notice.
- Digital Demo Services. NaukaNet may from time to time offer access to services classified as demo versions. Access to and use of the Demo version may be subject to additional agreements. NaukaNet makes no representation that the demo version will ever be publicly available and reserves the right to discontinue or modify the demo version at any time without notice. Demo versions are provided „AS IS”, may contain technical problems, errors or other defects, and use of the demo version is at your own risk.
- USE OF SERVICES AND YOUR RESPONSIBILITIES.The Services may only be used in accordance with the terms of this Agreement. You are solely responsible for your and your end users’ use of the Services and you comply with all laws relating to your and each end user’s use of the Services, including, but not limited to, recording regulations, intellectual property, privacy and export control. Use of the Services is void where prohibited.
- Registration of information.You may be asked to provide information about yourself in order to register and/or use certain Services. You agree that any such information will be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of your username and password and you agree not to disclose such information to third parties.
- Your contents.You agree that you are solely responsible for the content („Content”) that you send or receive or display or transmit when you use the Services and for compliance with all laws relating to Content, including but not limited to laws requiring you to obtain the consent of a third party to use the Content and provide appropriate notices of third party rights. You represent and warrant that you have the right to submit the Content through NaukaNet and that such use does not infringe any third party rights. In no event shall Zoom be liable for any (a) Content uploaded or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of using, accessing or denying access to the Content. Although NaukaNet is not responsible for any Content, NaukaNet may remove any Content at any time without notice if NaukaNet becomes aware that it is in breach of any provision of this Agreement or any law. You retain copyright and any other rights that you already have in the Content you upload, post or display in or through the Services.
- Recording.You are responsible for compliance with all recording regulations. The user of the service can record meetings on NaukaNet and webinars. By using the Service, you agree that NaukaNet may store the meetings you save. When you turn on the recording you will receive a notification (visual or other). If a participant of the meeting does not agree to the recording, he/she may leave the meeting or webinar.
- Unauthorised use.You agree not to use the Services and not to allow anyone else to use the Services for any purpose: (i) modify, disassemble, decompile, prepare derivative works, reverse engineer or otherwise attempt to access the source code of the Service; (ii) knowingly or negligently use the Services in a manner that interferes with, disrupts or disrupts the operation of NaukaNet networks, accounts or services; (iii) engage in illegal, false or misleading activities; (iv) transmit through the Services any material that may violate the intellectual property or other rights of third parties; (v) build or compare a competing product or service or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is harassing, defamatory, threatening, obscene, indecent, infringes any party’s intellectual property rights or is otherwise unlawful, gives rise to civil liability or constitutes or encourages conduct that may constitute an offence under any applicable law or regulation; (vii) upload or transmit any software, Content or code that causes or is intended to cause damage to, disable, destroy or adversely affect the operation of the Services in any way or that causes or is intended to cause damage to or extract information or data from other equipment, the NaukaNet software or networks (viii) engage in any activity or use the Services in any way that could damage, deactivate, overload, weaken or otherwise interfere with the Services or any servers or networks connected to the NaukaNet Services or security systems. (ix) use the Services in violation of any NaukaNet policy or in a manner that violates any applicable law, including but not limited to antispam, export control, privacy and anti-terrorism laws and regulations requiring the consent of audio and video recorders, and you agree that you are solely responsible for compliance with all such laws and regulations.
- Limit of use.You may not reproduce, resell or distribute the Services or any reports or data generated by the Services for any purpose unless you have explicit permission to do so under a separate agreement with NaukaNet. You may not offer or allow third parties to use the Services you have purchased, display on any website or otherwise publish the Services or Content obtained from the Services (other than Content you create) or otherwise generate revenue from the Services or use the Services for the development, production or marketing of a service or product essentially similar to the Services.
- RESPONSIBILITY FOR THE END USER. You are responsible for the actions of all users who access or use the services through your account, and you agree to ensure that any such user complies with the terms of this agreement and any ScienceNet rules. NaukaNet is not responsible for violations. If you become aware of any violation of this Agreement in connection with any person’s use of the Services, contact NaukaNet at email@example.com , NaukaNet may investigate any complaints and violations to which it draws attention and may take any (or no) action it deems appropriate, including but not limited to issuing warnings, removing content or closing user accounts and/or profiles. In no event shall NaukaNet be liable for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in such data or content, or for any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.
- EMPLOYMENTS.You acknowledge that you are of legal age and otherwise are fully capable and competent to enter into the terms, commitments, representations, statements and warranties set forth in this Agreement and to comply with this Agreement. While we cannot absolutely control whether minors will be granted unauthorized access to the Services, access may be terminated without warning if we determine that you are a minor or otherwise ineligible.
- Use for professional purposes. You can subscribe and use the Services for business purposes.
- FEES AND TERMINATION.You agree that NaukaNet may charge a given payment mechanism chosen by you and approved by NaukaNet for all amounts due and payable for the Services, including taxes and fees for additional services, configuration fees, subscription fees or any other fees or charges associated with your account. NaukaNet may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided that NaukaNet provides you with prior notification and the possibility to delete your account. A one-time fee (without subscription) activates access to the system for one month, there is no obligation to pay for the following month – no fee for the following month confirms termination of the contract and automatic account deletion.
- You agree that in the event that NaukaNet is unable to collect the fees due to NaukaNet for the Services through the form of payment of your choice, NaukaNet may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by NaukaNet in connection with such collection activities, including collection fees, court fees and lawyers’ fees. Furthermore, you agree that NaukaNet may charge interest at a rate of less than 1.5% per month or the highest amount permitted by law on any sums not paid on time. You may unsubscribe at any time. If you cancel, you will not be charged any additional terms of service and the service will continue until the end of the current Subscription Period. The consumer agrees that, after the conclusion of the contract, the trader will start the service and the consumer will then have no right of withdrawal. If the consumer gives the above mentioned consent, the consumer will lose his statutory right of withdrawal (only during the paid period of the contract).
III. FINAL TERMINATION. If you have purchased the Service for a fixed period of time, the termination will take effect on the last day of the current period. The Order Form may provide that the Renewal Term will start automatically (subscription) unless either party gives notice of termination at least thirty (30) days before the next Renewal Term begins. If you fail to comply with any of the provisions of this Agreement, NaukaNet may terminate this Agreement immediately and retain any fees previously paid by you. Sections 2 through 4 inclusive will survive termination of this Agreement. Upon termination of this Agreement, you must cease further use of the Services. If you are not satisfied with the Services at any time, your only option is to stop using the Services and continue the termination process.
- PROPRIETARY RIGHTS. NaukaNet and/or its suppliers, as applicable, retain ownership of all property rights in the Services and in all trade names, trademarks, service marks, logos and domain names („NaukaNet Marks”) associated or displayed with the Services. You may not frame or use framing techniques to enclose the NaukaNet Marks or other proprietary information (including images, text, page layout or form) of NaukaNet without express written permission. You may not use any metatags or other „hidden text” using the NaukaNet Marks without the express written permission of NaukaNet.
- COPYRIGHTS.You may not publish, modify, distribute or reproduce in any way any copyrighted material, trademarks, advertising rights or other proprietary rights without the prior written consent of the owner of such proprietary rights. NaukaNet may refuse access to the Services to any User who allegedly infringes the copyright of another party. Without limiting the foregoing, if you believe that your copyrights have been infringed, notify firstname.lastname@example.org.
- Product complaint.YOU UNDERSTAND AND AGREE THAT WITH YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS WHEN PURCHASING A DIGITAL SERVICE, YOU CANNOT WITHDRAW FROM THE CONTRACT WITH THE CREATION OF AN ACCOUNT FOR THE SUBSCRIPTION. THE CREATION OF AN ACCOUNT IS CALLED THE MOMENT OF CREATING A LOGIN AND PASSWORD FOR THE SUBSCRIBER AND SENDING THIS DATA TO THE USER ON THE INTERNET E-MAIL ADDRESS PROVIDED BY THE USER. THE USER AGREES TO USE THE DIGITAL SCIENCES SERVICE AT HIS OWN RISK IN ITS CURRENT FORM. THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE SERVICE. NAUKANET IS NOT RESPONSIBLE FOR STORING ANY INFORMATION OR COMMUNICATION BETWEEN USERS. NAUKANET CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIAL RESULTS OF USING THE SERVICES.
- LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZOOM OR ITS AFFILIATES, SUPPLIERS OR VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER HARMFUL LOSS OR DAMAGE) ARISING OUT OF THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES OR TO PROVIDE OR NOT PROVIDE TECHNICAL OR OTHER SUPPORT, EVEN IF ZOOM, ITS AFFILIATES, SUPPLIERS OR VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Consent to arbitration. If you live in the United States, you agree to resolve disputes only individually, by arbitration in accordance with the provisions of the Annex.