Ахирисеб хиса-баси: 18 январ, 2021

 

WHAT’S IN THESE TERMS?

These Terms (“Terms”) tell you the rules governing the usage of the ORIENT products and services, such as ORIENT Browser, ORIENTToday (lifestyle web portal) , ORIENTNews (news aggregator), ORIENTChat (open-chat service) and other digital products (including applications) and online services (“ORIENT Products and Services”).

 

WHO WE ARE AND HOW TO CONTACT US

Products and Services are operated by ORIENT Technologies Ltd. (“we” / “us”, “ORIENT”). We are a limited company registered in Moscow under company number OOO4834342 and have our registered office at Unit No: ######, Detached Retail ##, Plot No. ########, ######, Moscow, Russia or its subsidiary – ORIENT Technologies OOO.

To contact us, please email support@orient.com.

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YOUR ACCEPTANCE OF THESE TERMS

By using ORIENT Products and Services you confirm that you accept the terms and conditions of use contained herein and the Privacy Notice (“Privacy Notice”) and that you agree to comply with them. The terms and conditions of use and the Privacy Notice are collectively referred to as “Terms”.

If you do not agree to these Terms, you must not use ORIENT Products and Services.

The primary Terms shall be in the English language. Where we have provided you with a translation of the English-language version of these Terms, you agree that the translation is provided for your convenience only and that the English-language versions of the Terms will govern your relationship with us.
If there is any contradiction between what the English-language version of the Terms says and what a translation says, then the English-language version shall take prevail.

By accepting this Terms of Service you acknowledge that any violation or breach of Terms of Service shall be governed by Federal Decree Laws and Regulation.

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OUR USE OF THIRD PARTY SOFTWARE AND SERVICES

ORIENT Products and Services use third party software and services.
Your agreement with us will also include the terms of third party software and services.  You can find a list of the relevant third parties and terms [here]

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WE MAY MAKE CHANGES TO THESE TERMS

We may amend these Terms from time to time at our sole discretion. Any changes to the Terms will be effective upon the posting of the amended or varied Terms. Every time you wish to use ORIENT Products and Services, please check these Terms to ensure you understand the Terms of Service that apply at that time. You agree that your continued use of ORIENT Products and Services after such changes are made will constitute your unconditional acceptance of the amended or varied Terms.

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WE MAY MAKE CHANGES AND UPDATE ORIENT PRODUCTS AND SERVICES

We may update and change ORIENT Products and Services from time to time to reflect our users’ needs. We will endeavour to give you reasonable notice of any major changes.

The software that you use in connection with ORIENT Products and Services may install updates automatically, from time to time. These updates are designed to improve, enhance and further develop ORIENT Products and Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of the Terms for your use of ORIENT Products and Services.

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LIMITATIONS ON USE OF ORIENT PRODUCTS AND SERVICES

You agree to use ORIENT Products and Services only for the purposes permitted by the Terms and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.

 

You agree that you will not engage in any activity that may interfere with or disrupt ability of ORIENT Products and Services to provide the Services to you. Such illegal actions may be punishable as per UAE laws.

We shall not be responsible for any loss suffered by you or to any third party for any breach of your obligations under the Terms.

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WE MAY SUSPEND OR WITHDRAW ORIENT PRODUCTS AND SERVICES

ORIENT Products and Services are made available for your personal use free of charge.

We do not guarantee that ORIENT Products and Services, or any content on it, will always be available or be uninterrupted. We may at our discretion suspend or withdraw or restrict the availability of all or any part of ORIENT Products and Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access ORIENT Products and Services through your Internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

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PERSONAL INFORMATION AND PRIVACY

You agree to the use of your data in line with our Privacy Notice.

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YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

Please note that under the law of the UAE it is an offence punishable by imprisonment and a fine of not less than two hundred thousand dirhams and not in excess of five hundred thousand dirhams to obtain, without legal right, a secret number, code, password or any other means to have access to an information technology means, website, electronic information system, computer network or electronic information.
If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at support@orient.com.

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HOW YOU MAY USE MATERIAL ON ORIENT PRODUCTS AND SERVICES

We are the owner or the licensee of all intellectual property rights in ORIENT Products and Services, and in the material published on it (unless other is indicated). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from ORIENT Products and Services for your personal use and you may draw the attention of others within your organisation to content posted on ORIENT Products and Services.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on ORIENT Products and Services must always be acknowledged.
You must not use any part of the content on ORIENT Products and Services for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of ORIENT Products and Services in breach of these Terms, your right to use ORIENT Products and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Please note that under the law of the UAE it is an offence punishable by imprisonment for a period of at least one year and a fine not less than two hundred and fifty thousand dirhams and not in excess of one million dirhams (either of these two penalties or both shall be imposed) to take over personal property, a benefit, deed or its signature whether for oneself or another person and without legal right, by resorting to any fraudulent method or by adopting a false name, or false impersonation through the computer network, or an electronic information system or any information technology.

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DO NOT RELY ON INFORMATION ON THIS SITE

The content on ORIENT Products and Services is provided for general information only. It is not intended to provide you with any advice in respect of any subject-matter. You should obtain professional or specialist advice before taking, or refraining from, any action in connection with the content on ORIENT Products and Services.

Although we make reasonable efforts to update the information on ORIENT Products and Services, we make no representations, warranties or guarantees, whether express or implied, that the content on ORIENT Products and Services is accurate, complete or up to date.

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WE ARE NOT RESPONSIBLE FOR THIRD PARTY WEBSITES

Where ORIENT Products and Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over and are not responsible for the contents of those sites or resources.

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USER-GENERATED CONTENT IS NOT APPROVED BY US

ORIENT Products and Services may include information and materials uploaded by users of ORIENT Products and Services, including to chat rooms or any other services. This information and these materials may or may not be reviewed or blocked by ORIENT Products and Services. The views expressed by other users on ORIENT Products and Services do not necessarily represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on support@orient.com.

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ACCEPTABLE USE POLICY

Whenever you make use of a feature that allows you to upload content to ORIENT Products and Services, or to make contact with other users of ORIENT Products and Services, you must comply with the following acceptable use policy:

You may use ORIENT Products and Services only for lawful purposes. You may not use ORIENT Products and Services:

· In any way that breaches any applicable local, national or international law or regulation.
· In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
· For the purpose of harming or attempting to harm minors in any way.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards below.
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· knowingly to transmit any data, send or upload any material that contains viruses, trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed adversely to affect the operation of any computer software or hardware.

Interactive Services

 

We may from time to time provide interactive services on ORIENT Products and Services, including, without limitation:
· chat rooms;
· bulletin boards;
· messaging; and
· other services;
(“interactive services”).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on ORIENT Products and Services, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on ORIENT Products and Services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor (a person under the age of 18) is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

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Content Standards

These content standards (“Content Standards”) apply to any and all material which you contribute to ORIENT

 

Products and Services (“Contribution”), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in our discretion, whether a Contribution breaches the Content Standards.

A Contribution must:
· Be accurate (where it states facts).
· Be genuinely held (where it states opinions).
· Comply with the law applicable in any country from which it is posted.
A Contribution must not:
· Be defamatory of any person.
· Be obscene, offensive, hateful or inflammatory.
· Promote sexually explicit material.
· Promote violence.
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any copyright, database right or trade mark of any other person.
· Be likely to deceive any person.
· Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
· Promote any illegal activity.
· Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
· Be likely to harass, upset, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person.
· Give the impression that the Contribution emanates from us, if this is not the case.
· Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
· Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
· Contain any advertising or promote any services or web links to other sites.
You warrant that any such Contribution does comply with our acceptable use policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to ORIENT Products and Services will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of ORIENT Products and Services a non-exclusive, worldwide, royalty free right to use and distribute such content without time limitations.

We may have the right to disclose your identity to any third party who is claiming that any content or related services posted or uploaded by you to ORIENT Products and Services constitutes a violation of their intellectual property rights, or of their right to privacy or in defamatory of them.

We have the right to remove any posting you make on ORIENT Products and Services if, in our opinion, your post does not comply with our Content Standards.

We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or related services from ORIENT Products and Services.

We may provide tools to filter out explicit content or related services. In addition, there are commercially available services and software to limit access to material that you may find objectionable.

You are solely responsible for securing and backing up your content.

Breach of Acceptable Use Policy
When we consider that a breach of our acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with the acceptable use policy constitutes a material breach of these Terms, and may result in our taking all or any of the following actions:
· Immediate, temporary or permanent withdrawal of your right to use ORIENT Products and Services.
· Immediate, temporary or permanent removal of any Contribution uploaded by you to ORIENT Products and Services.
· Issue of a warning to you.
· Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
· Further legal action against you.

 

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action which are permittable under the UAE laws and regulations.

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RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

When you make a Contribution to ORIENT Products and Services, you grant us and the users of our products and services a non-exclusive, worldwide, royalty free right to use and distribute such content.

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OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Please note that we only provide ORIENT Products and Services for domestic and private use. You agree not to use ORIENT Products and Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing correctly to follow installation instructions or to have in place the minimum system requirements advised by us.

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HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Notice.

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WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that ORIENT Products and Services will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer program and platform to access ORIENT Products and Services. You should use your own virus protection software.

You must not misuse ORIENT Products and Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to ORIENT Products and Services, the server on which ORIENT Products and Services are stored or any server, computer or database connected to ORIENT Products and Services. You must not attack ORIENT Products and Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could be committing a criminal offence under the Federal Decree-Law no. (5) of 2012 “On Combating Cybercrimes” we may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities. In the event of such a breach, your right to use ORIENT Products and Services will cease immediately.

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WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

Contractual disputes are governed by the law of Russian Federation whose courts shall have non-exclusive jurisdiction over any such disputes.