Revision No. 2 effective as of 1 June 2019
IF YOU ARE USING THE OFFERED WEBSITE https://puzzle-english.com/ YOU ACCEPT THE GRANTED RIGHT TO USE THE FUNCTIONALITY OF THE WEBSITE https://puzzle-english.com/ AND CONFIRM THAT YOU AGREE TO FOLLOW TERMS AND CONDITIONS OF THIS "PUBLIC SOFTWARE LICENCE AGREEMENT".
This document prepared by Puzzle English Technologies LLC (hereinafter referred to as Licensor) is an official offer to any individual or legal entity interested therein to conclude the PUBLIC SOFTWARE LICENCE AGREEMENT on the terms and conditions set out hereunder.
PUBLIC
SOFTWARE LICENCE AGREEMENT (PUBLIC OFFER AGREEMENT)
TERMS AND DEFINITIONS
Copyright Holder or Licensor - the exclusive owner of the website https://puzzle-english.com/ and exclusive owner of all its content (website services), Puzzle English Technologies (Limited Liability Company), which concludes this PUBLIC SOFTWARE LICENCE AGREEMENT (hereinafter referred to as Agreement) with the Licensee to grant the latter the right to use the website and its services.
User or Licensee – any individual or legal entity which concludes this Agreement with the Licensor for using the Website and Website Services, with Licensor reserving the right to issue licences to other individuals or legal entities (non-exclusive licence). The Licensee does not have the right to issue sublicences to third parties under this Agreement.
Offer - the general public offer by the Licensor to conclude the Agreement which contains all the essential terms and conditions. The Licensor Offer shall be deemed accepted by the Licensee, and the Agreement shall be deemed concluded and effective immediately after the payment for using the website https://puzzle-english.com/and its services is submitted by the Licensee.
Remuneration – the amount of monetary assets paid by the Licensee for using the services of the website https://puzzle-english.com/ , with terms of payment defined based on pricing plans publicly available on the website.
Authentication data - the data necessary for Licensee identification and conclusion of the Agreement.
Website – the set of logically interconnected web pages represented as a whole, as well as the automated information system available online at https://puzzle-english.com/ .
Website Services (software and databases) - all the Website contents (databases, software and commands in total, which are utilised with the intention to obtain a certain result, including but not limited to preparatory materials obtained as a result of development of the aforementioned assets, and video and audiovisual content obtained as a result of utilisation of those assets).
Login and Password – two sets of symbols which must be set up by the Licensee as a means of his/her personal identification necessary to obtain access to the website https://puzzle-english.com/ and its services which require registration. The Login is utilised as a means to identify the User, while the Password allows the User to obtain access to aforementioned services.
Demo version – the version of a website service which has certain limitations in terms of validity and usability and which is intended solely for the purpose of demonstration of the website functionality, so as to allow the User to try and evaluate website services.
CHAPTER ONE. APPLICABLE LAW
1.1. This Agreement is construed in accordance with and governed by the laws of the Russian Federation.
1.2. This document (including all appendices and alterations hereto) constitutes the entire Agreement between the Licensee and Licensor in regard to the website https://puzzle-english.com/ and its services, and supersedes all prior or contemporaneous oral and written agreements, proposals and statements in regard to website services or any other issue with respect to the subject matter hereof.
1.3. Should any of the clauses of this Agreement become lapsed, null or void, all other clauses shall remain effective.
1.4. The Licensor reserves the right to unilaterally modify and/or amend this Agreement without any specific notification.
1.5. This Agreement constitutes an open and publicly available document in accordance with Clause 435 of the Civil Code of the Russian Federation.
1.6. The current edition of the Agreement is available online at https://puzzle-english.com/. Should the User continue to use the website, he/she agrees with the alterations made to the Agreement. It shall remain personal responsibility of the User to regularly visit this webpage to keep up to date with the current edition of the Agreement.
1.7. The Agreement also applies to matters related to rights and interests of third parties other than Website Users, whose rights and interests may be affected as a result of actions by the Website Users.
CHAPTER TWO. SUBJECT OF THE AGREEMENT
2.1. The Licensor grants the Licensee the right to use the website https://puzzle-english.com/ and its services to the extent and on the conditions set out hereby. All terms and conditions stipulated hereunder apply to the entire website and to its individual parts as well.
2.2. Upon the conclusion of this Agreement, the Licensor retains all exclusive rights for the website https://puzzle-english.com/ and its services, including, but not limited to accompanying printed materials and any copies of such, any graphic images, photographs, texts, video files, audiovisual content, games, accessory programmes, integrated in the website, as well as any other subject matter of copyright.
CHAPTER THREE. THE AMOUNT OF REMUNERATION
(FEE FOR USING THE WEBSITE AND ITS SERVICES)
3.1. The amount of remuneration for using the website https://puzzle-english.com/ and its services is determined based on the pricing plans publicly available on the website.
3.2. Remuneration shall be paid by the Licensee on the conditions defined by the pricing plans which are publicly available on the website. Individuals and legal entities are eligible to carry out the payment using methods specified on the website.
3.3. The Licensor keeps track of the use of website services by the Licensee, and debits monetary amounts from the received remuneration in accordance with applied pricing plans.
3.4. The date of receipt of monetary assets to the bank account of the Licensor shall be deemed the actual date of payment.
3.5. All settlements within the scope of the Agreement shall be made by means of Electronic Fund Transfer, in any way convenient for the User. The list of available payment methods is accessible on the website https://puzzle-english.com/ .
3.6. All monetary assets paid by the Licensee for the licence within the chargeable period are not subject to refund upon the commencement of provision of website services under the granted licence.
3.7. In case the amount of monetary assets is insufficient for the licence to be granted, the licence shall not be granted until the full payment is made. This being said, the Licensor reserves the right to notify the Licensee about the necessity to make additional payment, by sending an electronic message to the e-mail address specified by the User upon registration.
3.8. Licencing of website services is not subject to value-added taxation in accordance with Clause 145.1 of the Tax Code of the Russian Federation due to the Licensor being a member of the Skolkovo project.
CHAPTER FOUR. VALIDITY OF THE AGREEMENT
4.1. This Agreement becomes effective as of the moment the Licensee accepts it, as defined by the terms and conditions of this Agreement.
4.2. The validity of the Agreement is determined based on the pricing plan selected by the Licensee on the website.
4.3. The Licensor reserves the right to unilaterally cancel this Agreement under the Pre-Action Protocol, should the Licensee violate the conditions of the Agreement.
4.4 In case of cancellation of the Agreement for any reason whatsoever, the parties retain the right not to reimburse each other any costs incurred due to all the fulfilled and unfulfilled obligations.
CHAPTER FIVE. TERMS OF USE OF THE WEBSITE AND ITS SERVICES
5.1. In accordance with this Agreement, the Licensee obtains the non-exclusive right (simple licence) to use the website https://puzzle-english.com/ and its services for the intended purpose.
5.2. Copying of any accompanying printed and electronic materials, individual elements of the website or the website in its entirety is prohibited.
5.3. The Licensee is granted access to the website and its services on the server located at https://puzzle-english.com/. The website is accessed by means of a web browser via the Internet network.
CHAPTER SIX. OBLIGATIONS OF THE PARTIES
The following obligations must be fulfilled by the Licensee:
6.1. The Licensee shall not disclose or relegate his/her identification data, which can be used as a means of Licensee authentication on the website, to any third parties.
6.2. The Licensee shall use the website solely to the extent of the rights and in the manner which are foreseen in this Agreement.
6.3. The Licensee shall not conclude sublicence agreements, as per Clause 1238 of the Civil Code of the Russian Federation.
6.4. The Licensee has to execute the website registration procedure properly.
6.5. The Licensee shall not infringe exclusive and non-exclusive rights and other legal interests of the Licensor, not to copy or transfer any significant part of the website information content to third parties.
6.6. The Licensee must read this Agreement and become aware of any possible alterations and amendments to it, which are all published by the Licensor on the website https://puzzle-english.com/ .
6.7. It is the sole responsibility of the Licensee to ensure his/her technical capability to use the website and its services, including, but not limited to Internet access, availability of software compatible with HTTP data transfer protocol and other necessary means.
6.8. The Licensee has to keep his/her Login and Password strictly confidential as these identify the Licensee as the owner of the personal profile.
The following obligations must be fulfilled by the Licensor::
6.10. The Licensor must provide the Licensee with the opportunity to use the website and its services under the conditions of this Agreement..
6.11. Hereby the parties established that the Licensee is not obliged to submit any reports to the Licensor on the use of the website and its services.
6.12. The Licensee (User), who specified his/her e-mail address in the course of registration on the website and its services, as well as in the course of use of the website and its services, thereby confirms his/her consent to receive newsletters from the Licensor, website and/or the website services.
CHAPTER SEVEN. LIABILITY OF THE PARTIES
7.1. In the event of unfulfillment of obligations under this Agreemen,t both parties bear responsibility in accordance with the law of the Russian Federation, including, but not limited to the responsibility foreseen in Clause 1253 of the Civil Code of the Russian Federation.
7.2. The Licensee must immediately stop using the website and its services after expiration of the Agreement or its early termination. In the event of failure to do so, the Licensee must reimburse the Licensor all direct damages and lost revenues incurred by the Licensor due to unauthorised use, counting from the moment of termination of the Agreement to the moment of actual discontinuation of use of the website and its services by the Licensee.
7.3. The Licensor is not responsible for any of the following:
CHAPTER EIGHT. FORCE MAJEURE
8.1. The parties shall not be held liable for any unfulfillment or improper fulfillment of obligations under the Agreement, in case proper fulfillment is impossible due to force majeure, i.e. due to force of extreme and unpreventable circumstances under current conditions, by which the following is meant: government actions, civil disorder, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
8.2. In the event of any of these facts and circumstances the respective party must notify the other party within 5 (five) business days.
8.3. A document issued by an authorised government body shall be deemed sufficient evidence of existence and duration of force majeure.
8.4. In the event of duration of force majeure exceeding 30 (thirty) calendar days, each party has the right to unilaterally cancel the Agreement.
CHAPTER NINE. ORDER OF CONSIDERATION OF DISPUTES
9.1. All disputes related to conclusion, interpretation, fulfillment and cancellation of the Agreement shall be settled by the parties by means of negotiations.
9.2. All Licensee complaints in regard to the website and its services shall be accepted and processed by the Licensor only in writing.
9.3. In the event that a dispute cannot be settled via Pre-Action Protocols, as well as in the event of a claim not being processed and answered to, the dispute can be transfered to the Arbitration Court of Moscow City.
CHAPTER TEN. MISCELLANEOUS
10.1. In any matter not covered by this Agreement, the parties shall be guided by the current legislation of the Russian Federation.
CHAPTER ELEVEN. ADDRESS INFORMATION AND BANK ACCOUNT DETAILS OF THE LICENSOR
Licensor:
PUZZLE ENGLISH TECHNOLOGIES LLC
Taxpayer Identification Number (TIN) 7731394040
Registration Reason Code (RRC) 773101001
Primary State Registration Number (PSRN) 5177746279409
Email info@puzzle-english.com
Legal address: Workplace No. 2, Room 50, Floor 3, 7 Nobel Street, Skolkovo Innovation Centre territory, Moscow, 121205, Russian Federation
CEO: Ivan Andreevich Shtanko
Revision No. 1 effective as of 1 July 2018
IF YOU ARE USING THE WEBSITE https://puzzle-english.com/ YOU ACCEPT THIS PRIVACY STATEMENT.
This Privacy Statement uses terms in the sense which is defined in the Public Software Licence Agreement located at: https://puzzle-english.com/ .
– e-mail address – for the purpose of creation of the account and communication,
– Google, Facebook, MAIL.RU or Yandex profile data for the purpose of filling out of user profile on the Website.
