1. Access to Service
1.1. Service: ABBYY Lingvo Live Service, published online at the address: (lingvolive.com, lingvolive.ru, lingvolive.mx, lingvolive.com.br, lingvolive.co, lingvolive.cl, lingvolive.com.ar, lingvolive.uy), hereinafter referred to as the “Service” and available to the User via the website, a mobile version of the website, a Lingvo Live mobile application and any other resources which aggregate the following results of intellectual activity:
- Computer programs and audiovisual works generated by it (including graphic images and user interfaces), which enable the User, given access to the World Wide Web, to create a Profile and view Profiles of other Users; carry out context-based searches of information pertaining to other Users; perform translation requests and ask translation questions; post, copy and upload photographs and other Content to personal computers; use other functions available on the Service, including additional service functionalities.
- A database aggregating information and content posted by ABBYY and all Users on the Service. ABBYY shall bear sole responsibility for the operation and maintenance of the Service, including provision of access to it, as well as technical and organizational support free of charge. Users shall act on the Service interactively (online) as well as offline in relation to Additional Service Functionalities and access the Service via the World Wide Web. ABBYY is the holder of the relevant rights to the Service as a computer program and all of its constituent parts, both individually and as a whole, as well as audiovisual displays generated by it, except for Content posted on the Service by entities other than ABBYY, the rights to which may be held by third parties. ABBYY shall be entitled to use, operate and distribute the Service wherever it provides for such use, operation and distribution.
- Lingvo Live Additional Service Functionalities: additional Service functional (program) capabilities (obtaining a premium account, enabling offline access to all the dictionaries, which is available exclusively via the iOS and Android applications), the usage rights of which are granted to Users for payment.
1.2. By using the Service the User affirms that:
(a) he/she is of legal age, or
(b) he/she is not a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which he/she is a resident or from which he/she accesses or uses the Service.
2.1. To make full use of the Service, the User must create an Account by filling out a registration form. An Account shall be created upon registration on the Service. The Account enables ABBYY to identify and authorize each User by way of an email-address and a unique password or by accessing the Service from a social networking website such as Facebook, Google+ or Vkontakte. If a User accesses the Service from a social networking website, he/she shall comply with the Terms of Service of the social networking website. The email and password for the account access shall be determined independently by the User upon registration on the Service and may be modified by the User. The procedure is described in the Terms. The password as well as the User's email-address are confidential and shall not be disclosed except as permitted by law.
Providing an email-address (login) and password (authorization) allows ABBYY to authorize message sender as well as to protect communication from fraud. Adding User’s name to any User messages shall be performed automatically and only after authorization.
2.2. Profile: a section of the Service containing a portion of User Account information (including a username, a user pic (any picture added by User) as well as information “about yourself”, knowledge of languages, translated words, translated word combinations, translated texts, sentences, collections of sentences, texts, documents, audio files, image files, messages, comments, and/or any other content uploaded by User to the website or a mobile application of the Service) available for viewing by other Users unless access to it is not restricted by the User to the limits of the Service’s functional capabilities. THE DATA PROVIDED BY USERS DURING REGISTRATION AND IN THE PROCESS OF USING OF THE SERVICE, INCLUDING THAT SPECIFIED IN THE FIELD "USER NAME", "USERPIC", "ABOUT YOU" UNDER NO CIRCUMSTANCES SHALL BE CONSIDERED BY ABBYY AS USER'S PERSONAL DATA. THESE DATA ARE VIEWED AS ANONYMIZED. ANY INDICATION OF ACTUAL DATA WHICH IDENTIFY USER IN THESE FIELDS OR OTHER PARTS OF THE SERVICE SHALL BE DONE BY USER ENTIRELY AT USER'S OWN RISK.
2.3. By accepting these Terms and submitting data in the associated Account, the User agrees to the processing of the account data posted by the User on the Service by ABBYY. These account data shall be published in the User’s Profile. The User agrees that the account data published in his/her Profile except for the email-address is public information and ABBYY and/or third parties authorized by ABBYY shall use this information for the purpose of determining which features of the Service may be potentially interesting to the User. ABBYY, in the course of processing the account data, is entitled to perform the following actions: collection, systematization, storage, use, transfer to third parties (including cross-border transfer and transfer of anonymized statistical data), and destruction.
2.4. Processing of the User’s account data shall be performed starting from the time of registration of the User’s Account until the Account is deleted unless otherwise stipulated by current laws. After Account registration is completed, the User shall have the right to populate his/her Account, Profile, and other elements of the Service with Content, join discussions, and use other features provided by ABBYY, upon the condition that the usage of the Service is compliant with these Terms.
2.5. The User agrees that the account data may also be disclosed to third parties in cases stipulated by applicable legislation, as well as for protection of rights and interests of the User, ABBYY and third parties for the purpose of detection, investigation and suppression of illegal actions.
2.6. Users who have previously registered an Account shall pass an authorization procedure each time they log onto the Service by entering their email address and password, following a hyperlink received by e-mail, or by way of automatic authorization based on cookies if applicable or other technological means available and permitted by ABBYY.
2.7. The User understands and consents that Content published him on the Service is publicly available and shall not be deleted in any cases except for those stated in Item 5.4. of these Terms. The Use understands and consents that the User Account information can be changed by the User him-/herself any time by introducing changes to the following information in the User’s Account: a username, a user pic, “about yourself”, knowledge of languages. The following information in the User’s Account shall not be deleted: posts of translated words, translated word combinations, translated texts, sentences, collections of sentences, texts, documents, audio files, image files, messages, comments, and/or any other content uploaded by User to the website or a mobile application of the Service) available for viewing by other Users unless access to it is not restricted by the User to the limits of the Service’s functional capabilities or has not been deleted by ABBYY in accordance to Item 5.4. of these Terms. The Users agrees that after the User introduces changes to his/her Account, data the earlier published Content shall be remained published but with the changed Account data.
2.8. A person authorized on the Service shall be deemed the appropriate holder of a User's Account, for which access and management has been obtained as a result of this authorization.
2.10. Should authorization become impossible due to a lost password, Account blocking, or other reasons, the User may contact the ABBYY support service or follow the instructions listed in the Help section and other sections of the Service. Access restoration methods for the User’s account and authorization may be modified, revoked, or enhanced unilaterally by ABBYY.
3. Use of the Service
3.1. Under these Terms, ABBYY shall grant to the User the right to use the Service as software, database and applications under a simple non-exclusive license, including access to basic features of the Service and the information published therein, as well as to Additional Service Functionalities within the scope specified in these Terms.
3.2. Before using the Service, the User shall be obligated to read these Terms as well as all of the applicable rules and documents posted on the Service in the relevant sections of the Service/on the website, including at: https://lingvolive.com/en-us/about/terms
3.3. Upon filling in the registration form and reading these Terms, the User shall accept these Terms by clicking on the “Register” button or equivalent, which, according to Articles 434, 435, 437, 438 and 1286 of the Civil Code of the Russian Federation, is considered as acceptance of the ABBYY offer as well as a conclusion of a contract requiring the User to observe the terms and conditions of these Terms including the rules applied on the Service.
3.4. De facto use of the Service without Account registration in the form of and to the extent of access without registration shall also be considered as acceptance of these Terms in accordance with Paragraph 5, Article 1286 of the Civil Code of the Russian Federation.
3.5. The right to use the Service, except its Additional Functionalities, shall be granted to the User free of charge.
3.6. After registration, the User has the right to obtain access to Additional Service Functionalities for a fee. Usage rights for the Additional Service Functionality shall be granted upon a User request. The right to use Additional Service Functionalities shall be deemed granted to the User upon payment. ABBYY bears no responsibility for the accuracy, with which the User meets payment conditions. All questions regarding the rules and process of payment for the right to use Additional Service Functionalities, the User must address to the legal entities responsible for these payment systems. If payments have been performed on mobile platforms, the User should contact Mobile Store operators such as App Store and Google Play. ABBYY does not provide the User with explanations about rules and procedures of these payment systems and does not compensate the User the funds paid via those payment systems to acquire Additional Service Functionalities usage rights if those payments were made in violation of the rules established by the payment systems and resulting in the User not receiving the rights to use the Additional Service Functionalities. ABBYY does not receive any User's personal data from operators of payment systems.
3.7. The right to use Additional Service Functionalities shall be granted at the moment of the payment confirmation in the App Store or Google Play. The rights to use Additional Service Functionalities shall be granted to the User for the period of validity of these Terms unless the granted rights expire before that point. ABBYY has the right to refuse granting usage rights to the User or may grant User these rights on a limited basis until a confirmation of payment has been received.
3.8. The User has the right to use acquired rights for the Additional Service Functionalities within the Service and/or Applications.
3.9. If, as a result of a technical error, a bug in the Service or one of its elements, or voluntary actions of the User, the User receives access to Additional Service Functionalities without acquiring the usage rights in accordance with the process described in these Terms, the User is obligated to inform ABBYY and pay for the usage rights for the Additional Functionality or dispose of all aspects of the illegitimate use of the Additional Service Functionalities. ABBYY has the right to prevent such access independently without informing the User.
3.10. The User is obligated to keep documents confirming payment of the usage rights for Additional Service Functionalities throughout the entire period of the usage and present those documents upon request from ABBYY.
3.11. ABBYY enjoys the right to distribute Additional Service Functionalities by ABBYY USA Software House Inc.. Third party offers regarding usage rights for Additional Service Functionalities cannot be considered by the User as coming from ABBYY. If the User makes a payment in violation of this paragraph for a specified advertisement using payment details listed in that advertisement, claims made by the User regarding lack of access to Additional Service Functionalities shall not be accepted and ABBYY shall not compensate the User the funds spent by the User under such circumstances.
3.12. If ABBYY ascertains that the User has access to Additional Service Functionalities via third parties, ABBYY has the right to withhold, limit, or discontinue the User’s access to the Service and/or to Additional Functionalities.
3.13. The User guarantees that ABBYY has the right to use the means chosen by the User to pay for Additional Service Functionality usage rights and that in so doing the User is not in violation of the applicable legislation, the legislation of the country of which the User is a citizen, or the rights of third parties. ABBYY bears no responsibility for possible damages suffered by third parties and/or other Users due to the User’s inappropriate use of funds for payment.
3.14. ABBYY bears no responsibility for possible wrongful actions committed by the User when paying for the Additional Service Functionality usage rights. ABBYY reserves the right to unilaterally withhold or discontinue the access of the User to Additional Service Functionality if there is a suspicion of illegal actions from the User until the circumstances are clarified.
3.15. If ABBYY has a reason to believe that the User is committing illegal or fraudulent activity related to the payment for the usage rights for Additional Service Functionality, ABBYY has the right to hand the applicable information over to law enforcement agencies to investigate the situation.
3.16. The User may use the Service, including its Additional Functionalities as follows:
3.16.1. Use of the Service’s functionality, including participation in the development of the Service by creating an Account and a Profile, modification of the Service Content in the course of such participation and interacting with other Users in compliance with the rules provided in these Terms.
3.16.2. Reproduce any elements of the Service for personal use such as posted information, Content, and Additional Functionality by copying it into the memory of the User's personal computer and/or a mobile device (download). Should any Content be subject to copyright or consist of personal images (photographs) of other Users or third parties, the User shall also obtain consent of such persons for such reproduction.
3.17. The User shall not:
3.17.1. Reproduce, distribute, or process the elements of the Service, the copyright for which is owned by ABBYY, other Users, or third parties, without permission of their respective owners;
3.17.2. Reproduce the design elements or user interface of the Service to create websites or for any business activity in the World Wide Web or outside it;
3.17.3. Distribute outside the Service audiovisual displays or account data of other Users present on the Service without the consent of the above mentioned Users;
3.17.4. Transfer the Service and/or Additional Functionality usage rights granted to the User to other Users or third parties by entering into a sublicensing Terms or in any other way.
4. Content and Content Rights
4.1. Content: text, translation, illustrations, design elements, graphic images, photographs, scripts and other items subject to intellectual property as well as subsidiary or compiled work, posted on the Service for which the rights are held by ABBYY, Users or other entities.
4.2. ABBYY shall undertake commercially reasonable efforts to ensure the functionality of the Service at all times but cannot guarantee the absence of downtimes associated with technical malfunctions or preventive maintenance and does not guarantee full or partial availability of the Applications either. ABBYY does not warrant that the Service or any of its elements will operate at any given time in the future or that they will not cease to operate.
4.3. ABBYY cannot guarantee and does not promise any specific results from the use of the Service or its components.
4.4. When using the Service, the User shall take precautions with respect to Content, particularly Content posted by other Users when following hyperlinks posted on the Service; when using any files, including software, in order to avoid negative effect of malicious software on the User's computer, unauthorized access to the Account, password attacks, or any other negative consequences for the User.
4.5. By posting Content on the Service, the User grants ABBYY the rights to use the Content solely for the purpose of ensuring the functionality of the Service via appropriate methods.
4.6. Reproduction, copying, collection, systematization, storage, and transfer of information from the Service for commercial purposes and/or retrieval of the database of the Service or its use in whole or in part by any means is not permitted without ABBYY’s consent. The use of automated scripts (programs, bots, and crawlers) to collect information and/or to interact with the Service without ABBYY’s consent is not permitted.
4.7. User is solely responsible for the information that he posts on, through or in connection with the Service and that he/she provides to others. ABBYY may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of ABBYY violates these Terms.
5. General Obligations
5.1. ABBYY shall provide ongoing management of the Service, determine its structure, permit or restrict Users’ access to the Service in the event of violation of these Terms, and exercise other rights afforded to it.
5.2. With respect to providing means for interaction between Users, ABBYY shall act only as an entity that has organized the technological means for such interaction (information broker). Transmission, storage and access to the information, graphic images, and other materials provided by Users via the Internet and the Service software shall be performed without modification of such materials.
5.3. ABBYY shall take decisions related to advertising placement on the Service, participation in affiliate programs, etc. at its sole discretion.
5.4. ABBYY shall have the right to:
5.4.1. Change the design and user interface of the Service, its content, the set of features provided, including Additional Service Functionality, to modify or enhance the scripts and software being used, ABBYY’s Content, and other objects used or stored on the Service and/or on the Website, any Applications and server applications at any time to with or without notifying the User.
5.4.2. Delete, without any justification and without notice, any Content or information, including Content that, in the opinion ABBYY’s opinion violates and/or may violate the applicable laws, the provisions of these Terms, the rights of other Users or third parties, cause them damage, or threaten their safety.
5.4.3. Suspend, restrict, or terminate the User’s access to all or any sections of and/or elements of the Service and to remove any content created by User at any time without justification.
5.4.4. Change data of the User’s Account at its discretion without compensation for any expenses, damages, or repayment of anything received in accordance with these Terms, including in the event of violation by the User of the law of the Russian Federation or the provisions of these Terms.
5.4.5. Provide to the User, for a fee, Additional Service Functionality Usage rights on the terms stated in these Terms and relevant sections of the Website and/or elements of the Service, including the Applications.
5.4.6. Send messages to the Users (including e-mail messages to email provided by User), to notify of introducing new or of retiring old Service features and of new posts and translations, etc. containing advertising information about the Service features, including Additional Functionalities as well as of non-compliance with these Terms.
5.4.7. Identify and maintain information about IP addresses used by the User to access the Service and use files containing technical information (cookies) stored on the personal computer of the User for the purposes of User’s authorization and statistical data collection.
5.4.8. Take steps that are not forbidden by law to protect ABBYY’s intellectual property rights in relation to the Service.
5.5. ABBYY undertakes the following obligations:
5.5.1. To provide, under the conditions set out in these Terms, the right to the User to use the Service as software and/or a database, including its Additional Functionalities within the limits stipulated by these Terms.
5.5.2. To notify the User of changes in the Terms by publishing information on the Website or sending messages within the Service.
5.6. The User may:
5.6.1. Adjust the settings of the Account and the Profile, change the username and password, email-address, his/her user pic as well as information about himself.
5.6.2. Post information in his/her account, add translation requests, translated words, translated word combinations, translated texts, sentences, collections of sentences, texts, documents, notes etc. and comment on them.
5.6.3. Search for other Users including searches based on information known to the User and matching information posted on the Profile of the sought User.
5.6.4. Acquire usage rights for Additional Service Functionalities and exercise these rights in accordance with these Terms.
5.6.5. Carry out other actions that are not prohibited by the law of the Russian Federation or these Terms with respect to the use of the Service.
5.7. The User shall:
5.7.1. Abide by the rules of these Terms without any exceptions.
5.7.2. Provide valid information at the time of registration with the Service and Account creation.
5.7.3. Not exceed the limits of the use of the Service and Additional Service Functionalities as set out in Section 4 of these Terms.
5.7.4. Not violate in any other way the intellectual property rights of ABBYY with respect to the Service or any of its elements.
5.7.5. Independently take appropriate measures to ensure the safety of his/her Account and Profile and prevent unauthorized access by third parties.
5.7.6. Follow ABBYY’s instructions, in particular those given by ABBYY to the User or a group of Users on the Service Customer (User) Support Page or in news messages. Should the User fail to follow such instructions, ABBYY shall have the right to suspend, restrict, or terminate providing the User the rights to use the Service or some of its features, including Additional Service Functionalities.
5.7.7. Notify ABBYY of all actions performed towards the User on the Service that could be construed as offensive, derogatory, defamatory, etc.
5.7.8. Regularly review the content of these Terms posted online at https://lingvolive.com/about/terms and monitor the amendments thereto.
5.7.9. Comply with other requirements and perform other obligations set forth in these Terms and posted in sections of the Website and/or Service.
5.8. The User is not allowed to:
5.8.1. Collect account data of other Users.
5.8.2. Use any automatic or automated means of collecting information placed on the Website and/or on the Service.
5.8.3. Carry out propaganda or advocacy instigating social, racial, national, or religious hatred, propaganda of war or social, racial, national, religious, or linguistic supremacy.
5.8.4. Publish on the Service restricted information (confidential information) of third parties, unless the User has sufficient authority under the law or the contract for the disclosure of this information.
5.8 5. Post, reproduce, process, distribute, publish on the Service, communicate to the public, or otherwise use in whole or in part the Content that belongs to ABBYY, other Users, or third parties and that is subject to copyright or other exclusive rights without prior permission of the right holder, except for as provided by these Terms and the applicable laws of the Russian Federation as well as instances, in which the copyright holders explicitly consented to a free use of their own content by any person. By posting Content to the Service the User acknowledges that he/she has obtained all the required rights to perform this action.
5.8.6. Publish on the Service in publicly accessible form (in comments and/or in posts, questions or answers) graphic images, or materials that are offensive to other Users or other persons, or may be regarded as such, as well as messages, graphic images, or other materials that discredit Users or other persons, contain threats, or incite violence, criminal violations, information that promotes suicide antisocial or immoral actions, or any other acts contrary to the principles of public order and morals and other information of illegal nature as well as any other information which, in ABBYY’s opinion, is not consistent with the policies and objectives of the Service.
5.8.7. Publish on the Service materials of erotic and pornographic nature or hypertext links to websites containing such materials.
5.8.8. Publish on the Service advertising or other information on controlled or psychotropic substances, including information on the distribution of controlled substances, recipes for manufacturing them, and directions regarding usage, as well as publish information of an extremist nature.
5.8.9. Publish on the Service information that infringes upon the rights of minors.
5.8.10 Publish on the Service information about third parties, including contact details of other Users or other persons without their prior consent.
5.8.11. Register a User account in order to use it by a group of persons or an organization, except when the account is registered with the sole purpose of advertising agreed upon with the business department of ABBYY.
5.8.12. Register more than one User Account for a single person.
5.8.13. Carry out actions aimed at destabilizing the functioning of the Website and/or the Service; attempt unauthorized access to the management of the Service or their sections with restricted access (including sections to which access is allowed only to ABBYY); or perform any other similar actions.
5.8.13. Gain unauthorized access to other User Accounts by password attack or password guessing or attempt to gain such access.
5.8.14. Perform spamming, via comments, posting on User’s Profile, or perform other actions aimed at disseminating such information if the recipient Users have not expressed their consent to receive such information.
5.8.15. Publish information on the Service that promotes, advertises, or increases the popularity of tobacco or tobacco products, pharmaceutical drugs, controlled substances, alcohol drinks.
6. Guarantees and Liability
6.1. The User hereby warrants that by placing information, Content, or other legally protected intellectual property, or copies or parts thereof, or other materials, on the Service he/she is not in violation of anyone's rights or legitimate interests. In the event of complaints by third parties in connection with breaches of these Terms by posting information and/or Content of third parties, ABBYY shall be entitled to transfer, to the extent permitted by law, the User’s contact information available to ABBYY to the claimants in order to settle the dispute.
6.2. ABBYY shall ensure that, for communication between ABBYY and the User, ABBYY uses the User’s email address as indicated in the User’s Account data to send notification messages to the User, unless otherwise provided in these Terms or applicable law.
6.3. ABBYY shall play no part in forming the content of the User's Profile nor shall it control the actions of the User. ABBYY shall have no technical ability to carry out automatic censorship of information in the publicly accessible areas of the Service or in the Users’ Profiles, if this Content does not violate applicable law, or bear responsibility for the acts or omissions of the User.
6.4. ABBYY shall not be liable for any failures or interruptions in the functioning of the Service or information loss caused by such failures or interruptions. ABBYY shall not be liable for any damage to the User’s computer, mobile devices, or any other hardware or software caused by or associated with the use of the Website or other websites accessible by hyperlinks posted on the Website.
6.5. ABBYY shall not be liable for password attacks used by a third party to access the User’s account or any acts committed by third parties using the User’s Account.
6.6. ABBYY shall not be liable for any damages, including lost profits or damage resulting from the use of the Service, Content published therein, or other materials to which the User or other person gained access through the Service, even if ABBYY warned of or pointed out the possibility of such damage or loss.
6.7. The User shall be responsible for wrongful acts carried out using his/her Account as well as in connection with the Content posted using his/her Account on the Service, on the Profile(s) of the User or other Users, in comments, or other sections of the Service.
6.8. The User shall be personally liable for any Content or other information that he/she posts on the Service or otherwise communicates to the public on the Service or by using it.
6.9. Hyperlinks to any site, product, service, or information posted by the User on the Service, or on Profiles shall not constitute endorsement or recommendation of the above mentioned products (services) on the part of ABBYY. ABBYY shall not be liable for damage caused to the User as a result of following such hyperlinks.
6.10. ABBYY shall not be liable for any unlawful acts of the User or any third party while using the Service.
6.11. ABBYY shall not be responsible for the statements the User publishes on the Service.
6.12. ABBYY shall not be liable for any loss by the User of access to his/her Account on the Service.
6.13. ABBYY shall not be responsible for incomplete, inaccurate, or incorrect data entered by the User when creating the User’s Account or Profile.
6.14. ABBYY shall not bear responsibility for User Internet access unavailability or the quality of services of Internet service providers with whom the User has a contract for the provision of Internet access.
6.15. ABBYY shall not reimburse Users for costs associated with the acquisition by the User of rights to Additional Service Functionalities including instances of suspension or termination of access to the Service or suspension or termination of these Terms for any reason unless expressly provided for under applicable law.
6.16. Under any circumstances, ABBYY’s liability to the User is limited to the amount of 3,000 (three thousand) rubles, while loss of profit is not subject to reimbursement unless expressly provided for under applicable law.
6.17. ABBYY shall not be liable for providing the User with any evidence, documents, etc. to prove that the User has violated the conditions of these Terms, violation of which resulted in denial of access to the Service or its individual features for the User, including Additional Service Functionalities, or discontinuation and/or restriction of such access.
6.18. User complaints sent to ABBYY shall be accepted and reviewed provided that the Account’s belonging to a particular person can be established as fact. Considering possible existence of Accounts with similar credentials, ABBYY may request additional data and information to determine which Account the complaint is related to or to establish the ownership of the Account by the person who filed the claim.
6.19. ABBYY shall not be held responsible for any harm to the health of the User, which may be caused to the User in connection with the use of the Service.
The Service, including all scripts, Applications, Content, Website design, and mobile version of the Website are provided "as is". ABBYY makes no guarantee that the Service or its elements may be suitable for any specific purpose of use.
WHEN PERMITTED BY LAW, ABBYY WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ABBYY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, ABBYY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
7. Jurisdiction and Period of Validity
7.1. The User shall have the right to use the Service and Additional Service Functionalities in the ways described in these Terms throughout the entire territory of the Russian Federation as well as other areas where it is accessible using standard computing tools and programs.
7.2. These Terms go into effect from the moment its conditions are accepted by the User and are valid for one calendar year.
7.3. The validity of these Terms is automatically renewed each subsequent year until its expiration.
7.4. ABBYY reserves the right at any time and without informing the User or providing a reason to unilaterally and extra judicially discontinue these Terms with immediate removal of access to and the ability to use the Service without compensation for any expenses, damages, or repayment of anything received in accordance with these Terms in case of any violation on the part of the User of the conditions of these Terms and any other cases specified by ABBYY on the pages of the Service, unless otherwise expressly stipulated by applicable legislation.
7.5. The User agrees and fully acknowledges that all exclusive rights and required software licenses that make up any part of the Service and/or are used in its administration and function, including audiovisual representations and the graphic design of the Service, photographs, animations, videos, clips, sound recordings, sound effects, music, and the textual elements of the Service, with the exception of Content uploaded to the Service by Users, are property of ABBYY unless otherwise clearly stated in these Terms.
7.6. These Terms do not permit transfers from ABBYY to the User of any exclusive rights or distribution of exclusive licenses for any components of the Service.
8. Final Provisions
8.1. These Terms may be altered unilaterally by ABBYY without any prior notification by publishing related notice on the Service. Any changes to these Terms go into effect the day after they are published on the Service. The User is obligated to independently review changes made to these Terms. Any unfamiliarity on the part of the User with these Terms and/or changes made to it may not serve as a basis for non-observance by the User of the limitations set by these Terms. Actual use by the User of the Service after changes are introduced means that the User agrees with the new conditions of the Terms.
8.2. The invalidity of one or more provisions of these Terms recognized has no bearing for the Parties on the validity of these Terms as a whole. If one or more provisions of these Terms are recognized to be invalid, the Parties shall be obligated to fulfill the commitments laid out in these Terms in a manner as close as possible to that implied by the Parties when agreeing to changes made to these Terms.
8.3. These Terms and the relationship between the Parties with regard to these Terms and the use of the Service are subject to the law of the Russian Federation.
8.4. All disputes brought by the Parties regarding these Terms shall be resolved by pre-trial (complaint) correspondence and negotiation. If no agreement can be reached between the Parties via negotiations within 60 calendar days from the receipt of the complaint by the other Party, the dispute may be handed over for review by either interested Party to a regular court in whose jurisdiction ABBYY is located (with the exception of the jurisdiction of any other court).
8.5. The process listed for each Application on that Application’s page within the Service for reviewing offers, claims, and disputes related to Applications published in the Service and developed by third parties is an essential part of these Terms. In accordance with the process laid out above, all communications, statements, offers, claims, and other requests in reference to Applications are sent by the User directly to the developers of those Applications using the contact information available on the appropriate Application’s page in the Service.
8.6. Questions related to the fulfillment of these Terms should be directed to ABBYY, located at office 14, house 2B, building 6, Otradnaya street, Moscow, Russian Federation, 127273.