1. General provisions and core concepts
1.1. This user agreement (hereinafter "Agreement") shall govern the use of the services available on the website: http://upgreat.one/ (hereinafter referred to as "Website") and is concluded between RVC Joint-Stock Company (OGRN 7724570128) (hereinafter referred to as the "Company") and the person (hereinafter referred to as the "Applicant") who declared its intent to participate in the Contest by filling out the Participant Questionnaire and/or registered on the Website in accordance with section 2 hereof. The domain name http://upgreat.one is owned by the Russian Venture Company Joint-Stock Company.
The Company shall apply the following concepts and their definitions which are relevant to this Agreement:
Applicant refers to any person and/or entity, including, but not limited to: engineering teams/associations, students of higher educational institutions, scientific organizations and other persons who expressed their intention to participate in the Contest after reading the rules of the Contest and/or the Contest Task and registered on the Website and/or completed the Participant Questionnaire. Once the Applicant has registered and/or signed in on the Website, and/or filled out and sent an Application for the participation in the Contest, he (she) will be assigned one of the following statuses: Contest Participant, Contest Expert, and Contest Administrator.
Contest Participant (or Participant) refers to the status of the person set forth in the Application definition who filled out the application form and/or registered on the Website.
Contest Expert (or Expert) refers to the status of a person who has access to applications of a specific group of Participants’ applications for the purpose of their evaluation based on information provided by the Participant, and has the right to assess and to comment upon such applications.
Contest Administrator (or Administrator) refers to the status of a Contest coordinator, a representative of the organizing Committee of the Contest and/or employee of the Company and/or person who developed the Website under an agreement concluded with the Company, who has administrative access to the Application and evaluation service.
Contest refers to a technology competition (contest), organized with the participation of the Company and its Partners and aimed at searching for breakthrough technology solutions and mission-critical scientific problems of a global scale. The official Contest’s online platform on the Internet: http://upgreat.one. The Terms and Conditions of the Contest are determined by the Contest Task published on the Website and available to the public.
The Company's Partners refer to legal entities who have concluded a cooperation agreement with the Company for the purpose of holding Contests, with an option to process the personal data of Applicants who granted their consent to the processing of such personal data by the Company.
Extended personal data refers to the personal data of the Participant and/or Expert and/or Contest Administrator which have become available to the Company and/or to the Website Administrator, and/or Expert and/or Contest Administrator from the moment the Participant filled out the questionnaire and/or registered on the Website, to the processing of which the Applicant/Participant/Expert/Administrator expressed their clear and voluntary consent in the manner specified herein and Policy of Processing Personal Data of the Websites Users. The information marked in the Personal account as «public» is Public information and available to indefinite number of persons who has access to the Website.
Public information refers to the information which is a part of the Extended personal data (including, but not limited to: name of the Participant's team, logo, composition and description of the Participant team; name, middle name and surname of the Participant; country and city/locality of residence), which the Participant publishes independently through filling in the relevant sections of the Personal account on the Website. Filling in the sections/fields of the Personal account marked as «public» the Participant accepts and voluntary agrees that this information becomes available to indefinite number of persons.
Website refers to the online resource http://upgreat.one/ which contains information about the conditions of the Contests, including the latest news about them as well as information about their Participants, Experts, Organizers, Partners, Sponsors, and other information directly or indirectly related to such contests.
Policy of Processing Personal Data of the Websites Users refers to the document published online at https://www.rvc.ru in order to provide any interested persons with a permanent and unrestricted access to get familiar with the policy governing processing of personal data which have become known to the Company and/or have been received by the Company.
Personal Account refers to the information space of the Applicant, which is used by the Applicant through registration and by signing in on the Website. The Personal Account is available to the Applicant for logging in, viewing, editing, deleting of personal data by the Applicant, and displays the Personal Data and Extended Personal Data, and Public information of the Applicant and, in some cases, his/her team (name of the team, logo, composition and description of the team, etc.), including, but not limited to: full name, city/town of residence, telephone number, mailing address, email address, place of work, login, password, etc., and other information. The Applicant has to sign in to access his Personal Account and perform necessary operations, but some operations in the Personal Account are only possible upon moderation by the Contest Administrator.
Materials refer to any information (including Personal Data and Extended Personal Data of the Applicant and/or Personal Data Owner, as defined in the Policy of Processing Personal Data of the Websites Users) provided by the Applicant (Participant, Expert, Administrator), members of their teams and/or legal entities of which the Applicant (Participant, Expert, Administrator) is a representative or a part, including, but not limited to: photos, audio messages, video messages, video appeals, video clips, video reports, text files, texts in .doc, .txt, .ppt (.pptx), .xls, or .pdf formats, supporting documents, letters and other information presented in the form of an electronic document and/or message and/or file which are published by the said persons for the purpose of their participation in the Contest, and which can be accessed for viewing, commenting, and voting.
Supporting documents refer to the compulsory set of documents and/or materials which are defined by the Contest Terms and conditions and to be submitted by the Participant.
The Company owns all proprietary and non-proprietary (such as access right, etc.) intellectual property rights to the Website and uses these rights at its discretion, freely modifies and amends the array of information materials posted on the Website as well as the design of the Website, allows access to the Website or restricts such access, exercises other rights granted to him/her in respect of the Website pursuant to the terms and conditions specified herein and the current legislation of the Russian Federation.
1.2. The Agreement is a public offer according to Article 437 of the Civil Code of the Russian Federation, and any Applicant registered on the Website shall be deemed to have acceded to this Agreement, which is stipulated for by Article 428 of the Civil Code of the Russian Federation.
1.3. The Agreement may be modified at any time without any special notice of the Applicant (Contest Participant, Expert or Administrator), therefore, the Company recommends that the Applicant checks the terms of this Agreement on a regular basis. The new version of the Agreement shall enter into force upon its publication on the Website, unless otherwise provided in the new version of the Agreement. The current version of the Agreement is available at: http://en.upgreat.one/terms-of-use/ to provide a permanent and unrestricted access to the text of the Agreement by any interested person. Should the Applicant continue using the Website services after any changes to the Agreement, the Applicant gives their consent to all such changes and amendments.
1.4. When using the Website, the Applicant shall have the right to freely familiarize themselves with the content of any information materials (texts, pictures, multimedia files, etc.) published on the Website with open access (hereinafter the "Content"). According to the general rule, access to the Content is open and granted on a free-of-charge basis, except as otherwise expressly stated on the Website or provided by the current legislation of the Russian Federation. At the same time, the Company shall have the right to establish restricted or limited access to specific sections of the Content, including when performing competitive procedures in a closed format, publishing sensitive information, and in other cases stipulated for or permitted by law.
1.5. The exclusive right to the Content, logos, software, graphics, audiovisual, multimedia and design content of the Website is held by the Company. In some cases, the exclusive and other intellectual rights to the materials displayed at the Website may belong to other copyright holders who provided their consent for the publication of the corresponding Content elements on the Website.
1.6. The Applicant who has registered and signed in on the Website shall not have the right to use the Content in any manner, in whole or in part, including reproduction, copying, distribution, communication by air/cable, translation, processing, practical implementation or making it publicly available without prior written consent of the Company and/or other right holders of such Content, except for the permitted free use of Content expressly provided by the current legislation of the Russian Federation. The use of the Content without the consent of the Company and other rights holders or beyond the legally allowed free use of information materials may result in civil, administrative or criminal liability and is considered to be a violation of Russian and international legislation.
1.7. The Website may not be used to post or transmit any viruses, malicious programs and other computer codes, files or programs that may cause harm, are invasive in their nature or were created to damage or capture the results of the work or to control the use, of any hardware, software or equipment.
1.8. It is prohibited to use the Website to violate the rights of other persons as well as to process personal data of other users (Applicants, Participants, Experts and Administrators) of the Website.
1.9. It is prohibited to restrict or inhibit the use of the Website by other parties, disrupt the operation of the Website or the servers and networks ensuring the operation of the Website, or to violate the requirements, procedures, rules and regulations applicable to such networks.
1.10. It is prohibited to change (modify), adapt, decompile, disassemble or reverse engineer any part of the Website.
1.11. The Content of the Website is provided "as is", without any warranties of any kind, including warranties of fitness for a particular purpose, of merchantability, etc. The Content may contain technical inaccuracies or errors. The Company may amend the Content at any time without serving notices to third parties. The Company makes every effort to ensure that the Content is the most accurate, complete, reliable and up-to-date. However, the Company cannot guarantee completeness, reliability and relevance of all the Content and is not liable for the consequences of the use of the Content by third parties.
1.12. The Company provides no representations, warranties, or assessments that the results included in the Content and in the statements regarding future results will be achieved. These statements regarding future results reflect in each case only one of many possible scenarios and should not be considered as the most likely or standard scenario.
1.13. The Company notifies the Applicant that the actions of the Applicant specified below shall be treated as a written consent to the processing of Extended Personal Data and are considered to be explicit, specific, conscious and free, confirming the awareness of the provisions of this Agreement and the Personal Data Processing Policy:
► filling in the Applicant (Participant) Questionnaire
► registration and signing in on the Website with the granting of one of the statuses specified herein.
The Company informs the Applicant that after the Applicant completed the above actions (any selected actions and/or their combination), this Agreement will be considered to have been concluded, the Applicant agrees to it and states that all provisions of the Agreement are clear to him/her.
Thus, after the applicant performs the above actions, the Company shall receive Extended Personal Data for processing, whereby the procedure of such processing, its purposes, and the procedure for consent withdrawal in respect of the processing shall be subject to the Policy of Processing Personal Data of the Websites Users.
Extended Personal Data are (including, but not limited to) the Owner Personal data specified in the Policy of Processing Personal Data of the Websites Users as well as personal data provided by the Applicant/Participant/Expert/Contest Administrator when filling out the Questionnaire, registering on the Website and/or completing the Personal Account.
1.14. The Website Administrator automatically registers every consent to personal data processing expressed in accordance with the Agreement and/or Policy of Processing Personal Data of the Websites Users.
1.15. Procedure for the use of the Website:
1.15.1. The Website Administrator provides the Applicant with the right to use the Website for its intended purpose through personal computers and/or mobile devices and/or tablets, and the use of the openly available functions of the Website: by registration and authorization of the Applicant, publication of the Applicant's materials, during which the Website and its functions remain available to the Applicant, subject to the compliance herewith.
1.15.2. After the Participant Questionnaire is filled out and sent, and the Applicant has completed registration and signed in on the Website, the Applicant shall have the right to post content which, after moderation, shall be accessible to other persons related to the Contest within the scope permitted by the settings of the Personal Account; the information marked as «public» becomes available to indefinite number of persons. In cases where, for technical reasons related to the temporary settings of the Website services, the Applicant cannot publish Materials independently, the Materials can be posted by the Contest Administrator.
1.15.3. The Contest Administrator and/or Website Administrator reserves the right not to approve for publication (not to publish) any Materials which are not relevant to the subject matter of the Website and/or Contest and/or does not meet the requirements specified in the Contest Documents as well as for other well-founded reasons as well as those containing information of negative, abusive and/or obscene nature, discrediting the honor, dignity and reputation of other Applicants, and not to approve for publication any Materials that contain information which is highly likely not true.
2. Registration of the Applicant, Expert or Administrator, password and security
2.1. The Applicant shall be given the opportunity to register on the Website, which involves creating a username and password to log in to the Personal Account; registration results in the creation of a unique user account (Account, Profile). Such login and password are used as a key of a simple electronic signature (a unique sequence of symbols intended for the creation of an electronic signature).
2.2. Contest Participant. The Applicant who expressed a direct, voluntary and clear interest in the participation in the Contest registers on the Website as a Participant. For this purpose, the Applicant shall fill in a registration form posted at: http://en.upgreat.one/about-project/participant-form/ and/or the Application Form provided in the Personal Account, which becomes available to the Applicant after registration on the Website. If the service of the Personal Account is temporarily unavailable on the Website, the Website Administrator and/or Contest Administrator sends the Applicant, based on a written request submitted by the latter, a Questionnaire form for filling out, and if the filled out Questionnaire is received from the Applicant, the Contest Administrator grants to the Applicant the Status of "Contest Participant". The Participant agrees to provide accurate and complete information about themselves in the process of registration by answering the questions in the registration form and the questionnaire. By applying for the participation in the Contest, the Participant agrees to the terms and conditions of the corresponding Contest Task posted on the Website.
The Contest Participant may, at their discretion, publish materials included in the Supporting Documents, and, upon their discretion, determine the degree of publicity for such materials, and the Participant understands that, after the approval of the Participant's publication by the internal moderator, the approved publication of the Participant becomes public information accessible to an indefinite number of persons.
2.3. Contest Expert. A person having access to the materials of Participants, who is granted such status after authorization on the Website. The list of Experts is formed by the Organizing Committee. One Expert may evaluate applications to different contests, depending on the rights granted to such Expert by the Website Administrator and/or Contest Administrator.
2.4. Contest Administrator. A person having access to the service of applications receipt and evaluation after authorization on the Website. Authorization is provided by the Administrator, who creates a card, and the Website Administrator is granted access to the Personal Account after such card is filled in.
2.5. Upon the completion of the registration process, the Applicant (Contest Participant, Contest Expert, Contest Administrator) uses a login (a unique account name) and password to access the Website. The Applicant (Contest Participant, Contest Expert, Contest Administrator) is responsible for the security of their login and password as well as for anything which will be done on the Website with the use of their login and password. The Applicant (Contest Participant, Contest Expert, Contest Administrator) shall immediately notify the Company of any case of unauthorized access (access not authorized by the Applicant) to the Personal account with the use of the login and password of the Applicant (Contest Participant, Contest Expert, Contest Administrator) and/or any other breaches of security. In cases where, for technical reasons related to the temporary settings of the Website services, the Applicant is temporarily unable to register on the Website, the information about such Applicants may be placed on the Website by the Contest Administrator.
2.6. The Company may, upon a request from governmental authorities, disclose necessary information about the Applicant (Contest Participant, Contest Expert, Contest Administrator).
3. Rights and Obligations of the Parties
3.1. When using the services of the Website, the Applicant shall comply with the current legislation of the Russian Federation and this Agreement.
3.2. The Applicant shall not have the right to post on the Website any information, data, texts, photographs, graphics, comments and other materials which may infringe the rights and interests of other persons.
3.3. The Applicant is fully responsible for any Content uploaded, posted, sent, or made available in any other way through the use of the Website services.
3.4. The Applicant shall:
a) not upload on the Website and/or in the Personal Profile, and not to transmit with the use of the Website services, any Content that contains materials prohibited for distribution by the legislation, including but not limited to, materials promoting violence and cruelty, pornographic or extremist materials;
b) when posting Content on the Website, respect the rights of third parties, including the rights of the authors and right holders of the corresponding intellectual deliverables;
c) when using the services of the Website and/or the options of the Personal account, avoid unfounded derogation of anyone's honor, dignity, business reputation, not to publish posts and comments containing slander, rude and offensive expressions or proposals;
d) not to post at the Website and not to transfer with the use of the services of the Website any Content which contains advertising or promotional information;
e) not provide any data of third parties, and not post pictures with the images of third parties on the Website for the purpose of impersonating another person or a representative of an organization and/or community without having proper rights to do so;
f) not send spam (including search engine spam);
g) not use the Website to post Content which contains viruses or other computer codes, files or programs intended for violation, destruction or limitation of functionality of any computer or telecommunications equipment or programs, for unauthorized access as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means for receiving unauthorized access to paid resources on the Internet, and not publish links to the information of the above mentioned type;
h) independently assess the content of posted / distributed Content in terms of its compliance with the current legislation of the Russian Federation and this Agreement;
i) not use the Website to collect, store and disseminate personal data of other persons as well as for posting links to email addresses, websites (URLs), ICQ numbers and the numbers of other similar programs, or phone numbers of third parties;
j) not interfere with the normal operation of the Website.
3.5. The Applicant acknowledges that the Company has the right, at its discretion, to suspend or terminate the Applicant's registration on the Website, to refuse to grant the Applicant the opportunity to place Content and/or Supporting Documents, or remove any Content that is posted on the Website services, without serving any notice to the Applicant or providing any explanations.
3.6. The Applicant grants its voluntary and explicit consent to the fact that after the registration and login on the Website, the Applicant will also receive newsletters in the form of e-mails to the e-mail address provided by the applicant. To unsubscribe from informational messages, a user has to follow the corresponding link placed in the text of the email.
3.7. The Company shall have the right to fill the Website and change its contents at its own discretion.
4. Processing of Website Databases
4.1. The Applicant shall have the right to fill in the Website databases (subject to the compliance with subparagraph e) of clause 3.4. hereof) by filling in special forms.
The Company may request that the Applicant provides a proof of the data contained in the Profiles.
4.2. The Applicant confirms their consent to the processing of their personal data provided when filling out the forms on the Website, in particular, collection, systematization, accumulation, storage, clarification (updating, amendment), use, depersonalization, blocking, and destruction of such personal data. Personal data shall be processed for the purposes of the performance hereof as well as for statistical and research purposes, advertising and/or marketing campaigns, surveys, expert evaluations, questionnaire-based surveys, marketing research, direct contact with the Applicant by means of communication, including electronic communication and mail. The processing of personal data of the Applicant is performed in accordance with the legislation of the Russian Federation and the Policy of Processing Personal Data of the Websites Users. The consent of the Applicant to the processing of their personal data in accordance herewith is granted for an indefinite period of time. The form and time of the Applicant's consent are defined herein and in the Policy of Processing Personal Data of the Websites Users.
4.3. The Company shall not be liable for the accuracy, reliability and relevance of data contained in the Profile of the Applicant as well as for the legitimacy of the publication by the Applicant of third parties’ data, intellectual deliverables (including photographs) and the means of personalization.
4.4. A person whose personal, contact and/or other data have been used illegitimately and/or without their knowledge during the completion of the Applicant Profile may apply to the Company via e-mail email@example.com and demand that such data are removed and/or corrected. The application must be signed by the applicant or their authorized representative. The Company shall respond to this request within ten (10) working days upon its receipt.
5. Rights to intellectual property items
5.1. The legal owner of the materials published on the Website is the Company or the persons who provided and/or published such materials. The user shall not have the right to copy, reproduce, distribute, and otherwise use text, photo, and video materials of the Website as well as the database posted on the Website for commercial purposes without signing a written agreement with the Company or corresponding copyright holder.
6. Release of Guarantees and Liability
The Applicant agrees and accepts that:
6.1. the Company does not guarantee the User that the Website is relevant for the Applicant's specific objectives and their achievement.
6.2. The Company does not guarantee that the services will be rendered uninterruptedly, fast, reliably or error-free, or that any results that may be obtained by the Applicant are accurate or reliable. The Company reserves the right to close any of the Website services at any time.
6.3. The Company shall not be liable:
6.3.1. for any direct and indirect damages resulting from the use of or inability to use the services of the Website, unauthorized access to the account of the Applicant;
6.3.2. for the violation by the Applicant of the current legislation of the Russian Federation, including for violation of legislation on intellectual property.
6.4. The Website may contain links to other Internet resources. The Company is not responsible for the working ability of such links, the content of information on other resources as well as for the compliance with third party rights to intellectual deliverables and means of personalization used on other resources.
7. Final provisions
7.1. All possible disputes regarding the Agreement between the Applicant and the Company shall be governed in accordance with the current legislation of the Russian Federation, with the possibility of pre-trial procedure for the settlement of disputes.
7.2. Recognition of any provisions hereof as invalid by a court shall not result in the invalidity of the remaining provisions hereof.
7.3. If you have any suggestions to the Company related to the Website operation, you can send them to the following address: firstname.lastname@example.org.