Terms of Service

You may be looking for our Usage Policy

Introduction

IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

These Terms of Service (“Terms”), which include and hereby incorporate the Privacy Policy at https://kolyma.org/privacy (“Privacy Policy”), are a legal agreement between KolymaNET Corporation (“KolymaNET,” “us,” “our,” or "we") and you ("you" or “your” or “the customer”). By using or accessing KolymaNET Services (the “Service”) or the website located at https://kolyma.org (the "Site"), which are collectively referred to as the “Service,” you agree (i) that you are 13 years of age and the minimum age of digital consent in your country, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 (or the minimum age of digital consent, as applicable) and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.

KolymaNET reserves the right to update these Terms, which we may do for reasons that include, but are not limited to, complying with changes to the law or reflecting enhancements to KolymaNET.

Rights to use the service

KolymaNET may allow you to rent out digital resources and to utilize your rented services for use by discretion of the customer within the limits defined by our Terms of Service. The Service may also allow you to access certain software and/or other content that is available to purchase from the Company. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms;(ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms; or (iii) use data mining, robots, spiders, or similar data gathering and extraction tools on the Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these Terms.

KolymaNET reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of the Terms. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.

Termination

You may terminate your Account at any time and for any reason by deleting your account through the correct methods at the account system. The Company may terminate your Account and your access to the Service (or, at the Company's sole option, applicable portions of the Service) at any time and for any reason. The Company is not required to provide you with any notice or warning prior to any such termination. In the event of a termination, all data and information which the users account was acredited will be returned to the user in its entirety, if the data does not in any way violate the law of the Russian Federation.

Rules of conduct and usage

In order to use this service, you must agree (and by using the service, you do agree) not to:

post, upload, transmit or otherwise disseminate information that is objectionable as outlined in our Global Policy
encourage other users to engage in activity that violates our Global Policy
attempt to obtain passwords, emails, or other private information from other users
use our services to commit fraudulent activity

Indemnifcation

You agree to indemnify and hold the Company, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Service. As used in this section, "you" shall include anyone accessing the Service using your password.

Class Action Waiver

THIS SECTION ONLY APPLIES TO YOU IF YOU ARE A RESIDENT OF THE RUSSIAN FEDERATION.

THIS SECTION CONTAINS INFORMATION ON THE SIGNIFICANT ALTERATION OF YOUR LEGAL RIGHTS.

KolymaNET and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding.

The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other KolymaNET customers, and cannot be used to decide other disputes with other customers.