Terms of Use
This User Agreement is developed in accordance with applicable Canadian law and is aimed to regulate the relationship between the Administration of the Website and its Users.
Last revised: 07/15/2012
1. Definitions and terms used in this Agreement
1.1. For the purposes of this agreement, the following definitions and terms are used in the following meaning:
1.1.1. An Internet site is a set of programs for electronic computers and other information contained in an information system that can be accessed through the Internet using domain names and / or network addresses that allow identifying sites on the Internet. For the purposes of this Agreement, a website is a website located on the Internet in the space of the listed domain names (including subdomains of any level): articano.com, articano.ca, articano.org, articano.net;
1.1.2. Website Services / Services – services provided by the website specified in clause 1.1.1. of this Agreement including but not limited to:
– downloading and storing content from the website;
– messaging (private messages, forum, content comments, etc.);
– Email;
1.1.3. Administration of the Internet site / Administration – Individual Entrepreneur, own the Internet website specified in clause 1.1.1. of this agreement;
1.1.4. User of the Internet site / User – an individual or legal entity (his representative), registered on the Internet site specified in clause 1.1.1. present agreement;
1.1.5. Image – photography, vector image, art drawing, illustration (including 3D illustration), graphic image, etc. – regardless of the file name extension (JPEG, PNG, GIF), – uploaded to the Internet site specified in clause 1.1.1 of this Agreement;
1.1.6. Content – any information and / or materials (including Image) uploaded by the user to the Internet site specified in clause 1.1.1 of this Agreement;
2. General Provisions
2.1. The administration offers the User to use the Services of the Internet site on the terms and conditions set forth in this User Agreement. The Agreement shall enter into force from the moment the User expresses consent to its terms in the manner provided for in clause 2.3 of the Agreement.
2.2. Use of the services of the Website is governed by this Agreement. The Agreement may be amended by the Administration without any prior notice, the new version of the Agreement comes into force from the moment it is posted on the Internet at the address indicated in this paragraph, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always on the page at https://articabo.com/terms-of-use/ .
2.3. Starting to use any Service of the Website and / or its individual functions, or having completed the registration and/or subscription procedures, the User is considered to have accepted the terms of the Agreement in full, without any reservations or exceptions. In case of disagreement of the User with any of the provisions of the Agreement, the User is not entitled to use any of the Services of this Website. If the Administration has made any changes to the Agreement in the manner prescribed by clause 2.2 of the Agreement, with which the User does not agree, he is requested to stop using this Website Services immediately.
3. User registration. User account
3.1. In order to use the services of this website or some of the individual functions of the services, the User must go through the registration procedure, as a result of which a unique account will be created for the User.
3.2. For registration and subscription, the User undertakes to provide accurate and complete information about himself and keep this information up to date. If the User provides incorrect information or the Administration has reason to believe that the information provided by the User is incomplete or false, the Administration has the right, at its discretion, to block or delete the User’s account and refuse to use the user’s services (or their individual functions).
3.3. The administration in the general case does not verify the accuracy of the personal information provided by the Users and does not exercise control over their legal capacity. However, the Administration assumes that the user provides reliable, accurate and sufficient personal information in the registration form, and maintains this information up to date.
3.4. The administration collects and stores only those personal data that are necessary for the provision of the Services, and only if the User has expressed a desire to provide them.
3.5. The Administration may use personal information of the user for the following purposes:
3.5.1. Providing the user with personalized Services;
3.5.2. Communication with the user, including sending notifications, inquiries and information regarding the use of the Services, advertising information and subscription validity.
3.6. When registering, the User independently chooses a username (a unique symbolic name for the User’s account) and a password to access the account. The administration has the right to prohibit the use of certain logins, as well as establish requirements for login and password (length, valid characters, etc.).
3.7. The user is solely responsible for the security of his chosen password, and also independently ensures the confidentiality of his password. The User is solely responsible for all actions (as well as their consequences) within or using the services of the website under the User’s account, including cases of voluntary transfer by the User of data for access to the User’s account to third parties on any conditions. Moreover, all actions within or using the services of the website under the User’s account are considered to be performed by the User.
3.8. The User is obliged to immediately notify the Administration of any case of unauthorized (not permitted by the User) access to the services of the Internet site using the User’s account and / or any violation (suspected violation) of the confidentiality of his password.
3.9. The administration has the right to block or delete the User’s account, as well as prohibit access to certain services of the website using any account and delete any content without explanation, including in case the User violates the terms of the Agreement or the current legislation of the Russian Federation.
4. General provisions for use and storage
4.1. The administration has the right to establish restrictions on the use of services for all Users, or for certain categories of Users, including: the presence / absence of certain functions of the service, the storage period of mail messages, any other content, the maximum number of messages that can be sent or received by one registered user, the maximum size of the mail message or disk space, the maximum storage period of the content, special parameters of the downloaded content, etc. The administration may prohibit automatic access to services, as well as stop accepting any information generated automatically (for example, mail spam).
4.2. The administration has the right to send informational messages to its users.
5. User Content
5.1. The User is solely responsible for the compliance of the content posted by him with the requirements of applicable law, including liability to third parties in cases where the placement by the User of this or that content or the content of the content violates the rights and legitimate interests of third parties, including personal non-property rights of authors, other intellectual rights of third parties, and / or infringes on intangible goods belonging to them.
5.2. The User acknowledges and agrees that the Administration is not obligated to view any kind of content posted and / or distributed by the User through the Internet site, and that the Administration has the right (but not the obligation) to refuse to place the User and / or distributing content to him or removing any content that is accessible through the website. The user is aware and agrees that he must independently evaluate all the risks associated with the use of content, including an assessment of the reliability, completeness or usefulness of this content.
6. Website Terms of Use
6.1. The User is solely responsible to third parties for his actions related to the use of the Service, including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Service.
6.2. When using the services of the website, the User is not entitled to:
6.2.1. upload, send, transmit or in any other way post and / or distribute content that is illegal, harmful, libellous, offends morality, demonstrates (or promotes) violence and cruelty, violates intellectual property rights, promotes hatred and / or discrimination of people against racial, ethnic, gender, religious, social grounds, contains insults to any persons or organizations, contains elements (or is propaganda) of pornography, children eroticism, is an advertisement (or propaganda) of sexual services (including under the guise of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons;
6.2.2. violate the rights of third parties;
6.2.3. impersonating another person or representative of an organization and / or community without sufficient rights to do so, including administration staff, forum moderators, site owners, and also apply any other forms and methods of illegal representation of other persons on the network, as well as mislead users or the Administration regarding the properties and characteristics of any subjects or objects;
6.2.4. upload, send, transmit or in any other way post and / or distribute content in the absence of rights to such actions in accordance with the law or any contractual relationship;
6.2.5. unauthorized to collect and store personal data of other persons;
6.2.6. disrupt the normal operation of the website and its services;
6.2.7. post links to network resources, the content of which contradicts the current legislation of the Russian Federation;
6.2.8. to facilitate actions aimed at violating the restrictions and prohibitions imposed by the Agreement;
6.2.9. otherwise violate legal norms, including international law.
7. Exclusive rights to the content of services and content
7.1. Content posted on the services of this website is the subject of exclusive rights of the Administration, Users and other copyright holders.
7.2. The use of content, as well as any other elements of services is possible only within the framework of the functionality offered by a particular service. No elements of the content of the services of this website, as well as any content posted on the services of this website, can be used in any other way without the prior permission of the copyright holder. By use are meant, including: reproduction, copying, processing, distribution on any basis, etc. The exception is cases directly provided for by the legislation of the Canadian Law.
8. Third Party Sites and Content
8.1. The services of this website may contain links to other sites on the Internet (third-party sites). These third parties and their content are not checked by the Administration for compliance with any requirements (reliability, completeness, legality, etc.). The administration is not responsible for any information, materials posted on third-party sites to which the User accesses using the services, including any opinions or statements expressed on third-party sites, advertising, etc., as well as for the availability of such sites or content and the consequences of their use by the User.
8.2. A link (in any form) to any site, product, service, any information of a commercial or non-commercial nature posted on this website does not constitute an endorsement or recommendation of these products (services, activities) by the Administration, except when directly indicated on the website.
9. Website Advertising
9.1. For advertisements posted on the website, only the advertiser is responsible. The administration specifically notifies that it does not guarantee the possibility of purchasing or using certain goods or services at prices and / or on the terms indicated in the advertising blocks (texts, banners). You agree that the Administration does not bear any responsibility for the possible consequences (including any damage) arising from any relationship with advertisers.
10. Lack of warranties, limitation of liability
10.1. The user uses the services of the website at his own risk. Website services are provided “as is”. The Administration does not assume any responsibility, including for the compliance of the services of the Internet site with the goals of the User;
10.2. The administration does not guarantee that: the services of this website comply / will comply with the requirements of the User; Website services will be provided continuously, quickly, reliably and without errors; the quality of any product, service, information, etc. obtained using the services of the Internet site will meet the expectations of the User;
10.3. The user can use any content that the User accesses using the services of the website at his own risk and is solely responsible for the possible consequences of using the specified information and / or materials, including for damage that this may cause to the computer, the user or third parties for data loss or any other harm;
10.4. The Administration is not responsible for any types of losses resulting from the use by the User of the services of the Internet site or certain parts / functions of the services of the Internet site;
10.5. In any circumstances, the responsibility of the Administration in accordance with Article 15 of the Civil Code of Canada is limited to 100 (one hundred) Canadian Dollar and is assigned to it if there is any fault in its actions.
11. Other provisions
11.1. This Agreement is an agreement between the User and the Administration regarding the procedure for using the services of the this website.
11.2. This Agreement is governed by and construed in accordance with the laws of the Canada/Ontario. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Ontario/Canada.
11.3. The parties established a pretrial claim procedure for the settlement of disagreements and disputes. The deadline for a response to a submitted claim is 30 (thirty) business days from the date of receipt of the claim.
11.4. In case of failure to reach agreement on contentious issues arising from relations regulated by this Agreement, the dispute shall be settled in the manner established by the current legislation of the Canada, according to the rules of Canadian law.
11.5. Due to the gratuitousness of the services provided under this Agreement, the rules on consumer protection provided for by the legislation of the Canada cannot be applicable to relations between the User and the Administration.
11.6. Nothing in the Agreement can be understood as the establishment between the User and the Administration of agency relations, partnerships, joint activities, personal employment, or any other relations not expressly provided for in the Agreement.
11.7. If, for one reason or another, one or more of the provisions of this Agreement is declared invalid or null and void, this does not affect the validity or applicability of the remaining provisions of the Agreement.
11.8. Inaction on the part of the Administration in case of violation by the User or other users of the provisions of the Agreements does not deprive the Administration of the right to take appropriate actions to protect its interests later, and also does not mean the Administration renounces its rights in the event of subsequent similar or similar violations.
11.9. This Agreement is made in Canada and in some cases may be provided to the User for review in another language.In the event of a discrepancy between the Canadian version of the Agreement and the version of the Agreement in another language, the provisions of the Canadian version of this Agreement shall apply.