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User Agreement

Sity of Moscow                                                                                              «___»___________2015

 

 

The Association "National Platform for Open Education", hereinafter referred to as the "Portal Operator", represented by the Director Yushin Dmitry Aleksandrovich, acting on the basis of the Charter, hereby invites any individual who has reached the age allowed in accordance with the legislation of the Russian Federation to accept this offer and has the appropriate authority to conclude a User Agreement on the terms specified below.

1. Terms and definitions

"Services" is the provision of the User with an access to online courses on the Internet and Viewing of the online course chosen by the User on the Portal, as well as provision of other services available on the Portal.

"Portal" is a portal (Internet site) of online training owned by the Portal Operator at the address "открытоеобразование.рф" or openedu.ru, designed to host massive open online courses.

"Portal Operator" is the "National Open Education Platform" Assosiation, which manages the Portal and provides Services to the Users, OGRN 1157700009136, address: 119049, Moscow, Leninsky Prospekt, 2A, contact e-mail: director@npoed.ru. Requests, suggestions and complaints of the Users to the Portal Operator in connection with this User Agreement and all questions about the functioning of the Portal, violations of the rights and interests of third parties when using the Portal can be sent to the specified e-mail address of the Portal Operator.

"User" means any individual who has accepted this offer, registered on the Portal, obtained access to the Portal via the Internet, has reached the age allowed in accordance with the legislation of the Russian Federation for accepting this public offer, and has the appropriate authority.

"Registration" means actions of the User to fill out and submit the registration form posted on the Portal, which, if the Portal Operator has no objections to registering the User, entail the creation of a User account with the assignment of a username and a password to access the Portal.

"Authorization" means entering by the User his/her username and password to log in to his/her account on the Portal.

"Online course" is a massive open online course developed by the Copyright Holders and posted on the Portal, which is implemented by using e-learning and distance learning technologies.

"Copyright holder" is an educational organization of higher education that has the exclusive right to online courses and has concluded a license agreement with the Portal Operator to grant the Portal Operator the right to use online courses in the ways and to the extent necessary and sufficient to provide the Services to the Users.

"Viewing" means the User's access to online courses on the Internet, during which the User can watch (listen to) the online course from any place and at any time of his/her choice by means of appropriate technical devices.

2. General provisions

2.1. In accordance with Article 437 of the Civil Code of the Russian Federation, this User Agreement is an official, public and irrevocable offer (public offer) of the Operator of the Portal, addressed to the Users, to conclude an agreement on the terms specified below.

The User must fully familiarize himself/herself with this public offer before registering on the Portal.

2.2. Full and unconditional acceptance of this public offer is the User’s performance of actions of consistent implementation of all registration procedures and activation of the User account.

2.3. Acceptance of the offer means that the User agrees to all the provisions of this public offer and undertakes to follow them. From the moment the User accepts this offer, this offer is considered to be the User Agreement concluded between the Portal Operator and the User on the terms set out in this offer.

2.4. With regard to the functioning and development of the Portal, the Portal Operator is guided by the legislation of the Russian Federation, this User Agreement and other special documents that have been developed or may be developed and adopted by the Portal Operator in order to regulate the provision of access to the Portal functionality to the Users.

 3. The subject of the Agreement and the procedure for the provision of the Services

3.1. The Portal Operator undertakes to provide the User with access to online courses for free Viewing under the conditions set out in this User Agreement, and the User undertakes to properly comply with the conditions set out in this Agreement.

3.2. To get access to online courses, the User must register on the Portal.

3.3. The cost of services under this User Agreement is 1 RUR, including 20% VAT. The services are provided to the User free of charge.

4. User Registration

4.1. In order to register on the Portal, the User undertakes to provide the Portal Operator with a registration form (questionnaire), filling it out with reliable, complete and accurate information about himself/herself, and to keep it up-to-date.

4.2. The User agrees that the actions performed on the Portal after the User's Authorization (using his/her username and password) are recognized as the User's actions.

4.3. By registering on the Portal, the User agrees to receive information messages to the email address specified during registration.

4.4. When registering on the Portal, the User is obliged to provide the Portal Operator with the necessary reliable and up-to-date information for creating a User account, including a unique login and password to access the Portal, as well as the last name and first name. The User may be requested additional information for a Portal Registration form.

4.5. The User is responsible for the accuracy, relevance, completeness and compliance of the information provided with the legislation of the Russian Federation and its purity from claims of third parties during registration.

4.6. After providing the information specified in clause 4.4 of this User Agreement, the User must pass a number of authentication procedures, namely:

- confirm his/her registration by activating account via a message sent by the Portal Operator to the User's email address.

The Portal Operator may use additional procedures, including:

- prompting the User to confirm registration by recognizing an automated test designed to distinguish between computers and people ("captcha");

- sending the registration code via text message to the User's mobile phone number, that the User provided.

In case of correct sequential execution of all registration actions, the User’s account is created on the Site.

4.7. The User can allow to store login and password (by means of cookies or similar technologies) on his /her hardware and software for subsequent automatic authorization on the Portal.

4.8. The User is responsible for the security of his/her username and password, as well as for all actions performed by the User after Authorization. The User must immediately notify the Portal Operator of any unauthorized access with his/her username and password and/or any security breach. The Portal Operator is not responsible for any damage caused as a result of unauthorized access to the User's account.

4.9. If the User transfers the username and password to a third party, the User is solely responsible for the actions of this third party committed on the Portal.

5. Terms of use of online courses

5.1. Online courses are available to the User for Viewing on the Portal in order to learn the courses without further evaluation of the results and without obtaining documents confirming the mastering of the courses.

5.2. The User must not violate, block or otherwise damage any security measures of the Portal, as well as any measures that prevent or restrict the use or copying of any online course.

5.3. The User has the right to use the online courses exclusively for private Viewing and does not have the right to use the online courses (partially or completely) in any other way, in particular for commercial or other purposes, except as specified in clause 5.1 of this User Agreement.

Any other use of online courses is a violation of this User Agreement, of the intellectual property rights of the Copyright Holders protected by law, and may lead to liability in accordance with the legislation of the Russian Federation.

 

6. Rights and obligations of the Parties

6.1. The Portal Operator has the right to:

6.1.1. at the sole discretion, suspend, restrict or terminate the User's access to all or any of the sections or services of the Portal;

6.1.2. impose any restrictions on the use of the Portal, to change this User Agreement unilaterally at any time by publishing a new version of this public offer of the Portal Operator on the Portal, without obtaining the User's consent.

6.2. The Portal Operator has the right to:

6.2.1. undertake all actions to ensure the smooth operation of the Portal, though the Operator is not responsible for interruptions in the Portal operation (including emergency, preventive), for insufficient quality or speed of data provision, for complete or partial loss of any data posted on the Portal, or for causing any other losses that have occurred or may occur during the use of the Portal.

6.3. The User must:

6.3.1. not mislead the Portal Operator and / or other Users about his/her identity;

6.3.2. not perform actions aimed at gaining access to someone else's account by breaking a username and password, hacking or other actions.

6.3.3. independently monitor changes to the terms of this User Agreement on the Portal.

7. Responsibility

7.1. The Portal Operator is not responsible for any losses resulting from the use of online courses or the inability to access online courses, unauthorized access to the User communications, statements or behavior of any third party on the Portal.

7.2. The User and the Portal Operator agree that all disputes and disagreements that may arise from or in connection with this User Agreement will be resolved through negotiations. If no agreement is reached, all disputes regarding this User Agreement will be resolved in accordance with the Russian law. 


7.3. The court's recognition of any provision of this User Agreement as invalid or unenforceable does not entail the invalidity or unenforceability of other provisions of the Agreement. 


7.4. Inaction on the part of the Portal Operator in the event of a violation by the User of any of the provisions of this User Agreement does not deprive the Portal Operator of the right to take appropriate actions to protect its interests later, and also does not mean that the Portal Operator renounces its rights in the event of further similar violations or violations of other provisions of this User Agreement.

 

8. Personal Data

8.1. By accepting of this offer the User provides his/her consent to the processing of his/her personal data, both without use of automation tools, and with their use.

8.2. Consent is given to the processing of the following User's personal data: last name, first name, patronymic, address of registration, permanent residence, date and place of birth, information about skills and qualifications (education, academic degrees and titles, experience), personal email address.

8.3. Personal data is not publicly available.

8.4. The User's personal data is processed in order to provide access to online courses for free viewing and listening to online courses

8.5. The basis for processing the User's personal data is Article 24 of the Constitution of the Russian Federation, Article 6 of the Federal Law No. 152-ФЗ "On Personal Data" of July 27, 2006, the Сharter of the "National Platform for Open Education" Association (hereinafter referred to as the "NPOE" Association) and this Public Offer Agreement.

8.6. During the processing of personal data, the following actions will be performed: collection, recording, systematization, accumulation, storage, refinement (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction.

8.7. The transfer of personal data to third parties is carried out on the basis of the legislation of the Russian Federation, an agreement with the subject of personal data or consent of the subject of personal data. The User does not give his/her consent to the possible transfer of the personal data to third parties.

8.8. Personal data is processed until the termination of the activities of the "NPOE" Association.

8.9. The consent is given, including for informational (advertising) notifications.

8.10. The User may terminate the processing of his/her personal data by the "NPOE" Association and delete his/her account on the website https://openedu.ru by revoking the consent to the processing of personal data himself/herself or his/her legal representative by sending a written application (request) to the "NPOE" Association or its representative at the address specified at the beginning of the User Agreement.

8.11. After receiving the relevant application (request), the "NPOE" Association stops processing and storing the User's personal data within 30 days and deletes his/her personal data.

8.12. In case the User or his/her legal representative withdraws consent to the processing of personal data, the "NPOE" Association has the right to continue processing personal data without the consent of the subject of personal data, if there are grounds specified in paragraphs 2-11 of Part 1 of Article 6, Part 2 of Article 10 and Part 2 of Article 11 of the Federal Law No.152-ФЗ "On Personal Data" of June 26, 2006.

8.13. This consent is valid until termination of the processing of personal data specified in p. 8. 8. and p. 8. 10. of this Agreement.

9. Final provisions

9.1. The legal relations arising in connection with this User Agreement are governed by the legislation of the Russian Federation.

9.2. In matters not regulated by this User Agreement, the Parties are guided by the current legislation of the Russian Federation.