CyberLeninka Website User Agreement

version 08.02.2018

The CyberLeninka Online Library is designed to facilitate and accelerate the dissemination of open scientific knowledge. The main goals of the CyberLeninka website are popularization of science and scientific activity, dissemination of knowledge on the Open Access model. The CyberLeninka website provides its users the opportunity to search, browse, download and share scientific works free of charge from the catalog of the online library.

The website of CyberLeninka (https://cyberleninka.org) is an integrated information resource of the online scientific library "CyberLeninka", owned and operated by Association "Open Science". The CyberLeninka website is a database (catalog) of scientific publications and articles accessible to users of the Site free of charge under the terms of Creative Commons licenses and other open licenses selected by Rightholders.

1. Key terms

1.1. The CyberLeninka website (or the Site) is an Internet resource which consists of a set of (a) computer programs, (b) works of science included in the database of CyberLeninka by the Site Administration with the consent of the copyright holders, by the rightholders themselves or under the terms of open licenses (including, but not limited to Creative Commons) from open sources, (c) databases (catalog, rubricator) of scientific works included in the electronic library, (d) a built-in search engine that searches for information only on the Site. The site of CyberLeninka is in the information system which provides access to the information placed on it on the Internet on the domain name: https://cyberleninka.org (including all levels of the specified domain, both functioning on the date of acceptance by the User of this User Agreement, and launched and commissioned for the duration of the agreement).

1.2. Administration of the Site is the owner of the Site / administrator of the relevant domain names Association "Open Science", which is a legal entity created under the law of the Russian Federation and registered at: 125047, Russia, Moscow, Miusskaya ploshad, 4.

1.3. The Rightholder is a legal entity or a private individual that owns the rights to use Scientific works (in whole or in fragments thereof) that has provided the materials of the Scientific works and the rights to use them to the Administration of the Site on the basis of a written agreement concluded between such entitity/person and the Site Administration, or placed their works in an open access on the Internet on terms of open license (including but not limited to Creative Commons).

1.4. Site User - any individual who uses the Site and respective Scientific works under the terms of the open licenses indicated by the Rightholders (regardless of the fact of registration on the Site).

1.5. Scientific works - electronic online versions of scientific publications and their components included in the database (catalog, rubricator) of the CyberLeninka library on the basis of a license agreement concluded between CyberLeninka and the copyright holder, as well as electronic online versions of scientific publications and their components placed in the public domain on conditions of open licenses (including but not limited to Creative Commons) included in the CyberLeninka database on the terms of such licenses. Access to Scientific works is provided to users of the Site free of charge on the terms of this User Agreement.

1.6. The CyberLeninka database is a set of Scientific works posted on the Site, as well as metadata of such works, which include the title of the work / article, the output of the work, the information about the copyright holder and / or the author of the work, abstract, keywords and bibliography of the work, the number of views, the number of downloads, the number of mentions in social networks, as well as other data about the work.

1.7. The open license of Creative Commons is an international open license that is most widely used on the Site and gives the User the right to use the corresponding Scientific work for free for non-commercial purposes in the following ways (simultaneously or with restrictions): reproduce (view, download) and distribute Scientific work in full or partially; create, reproduce and distribute derivative works with the obligatory retention of information about the author and / or copyright holder of the work.

2. The status of CyberLeninka Website User Agreement

2.1. This User Agreement of the CyberLeninka Site (earlier and further - the User Agreement) defines the conditions for using the Site, as well as the rights and obligations of its Users and Administration.

2.2. This User Agreement is a legally binding agreement (contract) between the User and the Site Administration, the subject of which is the provision of access to the website use, its functionality and the Scientific Works posted on it to the User by the Administration of the Site.

2.3. The user is required to fully read this User Agreement before using the Site. The fact of using any functions, services and materials of the Site, including a simple viewing of the Site, means full and unconditional acceptance by the User of this User Agreement in accordance with Art. 438 of the Civil Code of the Russian Federation.

This User Agreement may be amended and / or supplemented by the Site Administration unilaterally without any special notification. This user agreement is an open and public document, the current version of which is available on the Site at URL: http://cyberleninka.org/terms.html. Continuation of use of the Site by the User after making changes and / or additions to this User Agreement means acceptance and consent of the User with such changes and / or additions.

2.5. In case of disagreement of the User with this User Agreement or its amendments / additions, the User is shall refrain from using the Site.

3. CyberLeninka Website Administration

3.1. The rights to the Site as a whole and all objects that make up the Site design, to the CyberLeninka database, to use the network address (domain name) https://cyberleninka.org belong to the Site Administration which provides access to the Site to all interested parties in accordance with this User agreement and the current legislation of the Russian Federation.

3.2. Requests, proposals and claims of individuals and legal entities to the Site Administration in connection with this User Agreement and all questions regarding the functioning of the Site, violations of the rights and interests of third parties in its use, as well as requests by persons authorized by the legislation of the Russian Federation may be sent to the postal address of Association "Open Science", specified in clause 1.2. of this User Agreement.

3.3. No provision of this User Agreement gives the User the right to use the brand name, trademarks, domain names and other distinctive signs of the Site Administration, as well as objects of design and the Site Database. The right to use the company name, trademarks, domain names and other distinctive signs of the Site Administration may be granted only by a written agreement with the Site Administration.

4. The use of website

4.1. By using the Site, the User agrees with this User Agreement and assumes the rights and duties indicated therein in connection with the use and operation of the Site.

4.2. All services of the Site and the Scientific works posted on the Site are intended solely for personal non-commercial use within the technical capabilities of the Site.

4.3. The user has the right to go through a voluntary registration on the Site to create a personal cabinet (account) and gain access to additional functions of the Site. The user can register on the Site in one of the following ways:

Processing of personal data of the registered User is carried out in accordance with the legislation of the Russian Federation and Data Protection Guidelines of CyberLeninka Services. The Administration of the Site processes the User's personal data in order to provide the User an access for the use of the additional functionality of the Site, including for the purpose of receiving personalized (targeted) advertising, testing, research and analysis of such data that allow the improvement of the functionality and sections of the Site. The Administration of the Site takes all necessary measures to protect the User's personal data from unauthorized access, modification, disclosure or destruction. As the Site Administration processes the User's personal data for the purpose of executing this User Agreement, by virtue of the provisions of the Russian legislation on personal data, the User's consent to the processing of his personal data is not required.

4.5. The Site Administration processes non-personalized (depersonalized) data on the use of the Site by the User (cookies, information about the use of services, including search queries and other data) in order to provide the User an access to the use of the Site functionality, including for the purpose of the User receiving personalized (targeted) advertising ; verification, research and analysis of such data, allowing to improve the functionality and sections of the Site, as well as to develop new functionality and sections of the Site.

5. Exclusive rights on Scientific works

5.1. Scientific works posted on the Site are objects of intellectual property of their rightholders and are protected by the current legislation of the Russian Federation. The User undertakes to follow and respect the exclusive and other rights of the rightholders when using the Site and the Scientific works posted on it.

5.2. Scientific works are placed on the Site on the basis of a gratuitous simple non-exclusive license provided by the Rightholder of the work to the Site Administration upon the concluded license agreements, concluded between them, and/or on the basis of an open license (including but not limited to Creative Commons), the reference / indication of which is posted by the Copyright Holder together with the Scientific Work in case of placing such a work in open access on the Internet.

5.3. Each Scientific Work posted on the Site is accompanied by an indication of the terms of use of such work in the form of a graphic designation and / or abbreviation of the applicable open license with an active hyperlink leading the User to the full text of such license. Before using the Scientific Work, the User is obliged to familiarize himself with the terms of the applicable open license.

5.4. The User has the right to use the Scientific works placed on the Site exclusively within the limits and in the ways indicated in the corresponding open license provided all the requisites of the authors and rightholders are preserved in an unchanged form.

6. Limitations of responsibility of the Site Administration

6.1. Under no circumstances shall the Site Administration be liable to the User or any third parties for any direct, indirect, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation caused by the use of the Site or the results of intellectual activity posted on the Site.

6.2. The Site Administration is not responsible for the content of the Scientific works posted on the Site.

6.3. The Administration of the Site is not liable for violations of the exclusive and other rights of third parties that may arise from the placement and use of the Scientific Work on the Site. Any claims related to the protection of exclusive and other rights of third parties in respect of Scientific works received by the Site Administration will be redirected to the authorized person of the Partner of the Site (the Rightholder who has entered into a licensing agreement with the Site Administration).

6.4. The Scientific works (fragments thereof) that are placed by the Copyright Holder in the public domain (open access) on the Internet, accompanied by an indication / hyperlink / abbreviation of open licenses (including but not limited to Creative Commons) are included in the CyberLeninka Database. The copyright holder is solely responsible for the authenticity and accuracy of the details of the works (including references to applicable open licenses). The Administration of the Site is not responsible for errors made by the Copyright Holder when specifying the details and conditions for the use of Scientific works (their fragments), and the consequences of such errors of the Rightholder. In case of changes in the terms of use of the Scientific works (their fragments) placed by the Rightholder in open access under the terms of open licenses, or if an error is found in the requisites of the applicable open license, the Rightholder shall inform the Site Administration about it.

7. Final clauses

7.1. This User Agreement is governed and interpreted in accordance with the law of the Russian Federation. Issues not regulated by this User Agreement are subject to the resolution in accordance with the legislation of the Russian Federation. All possible disputes arising out of the relations governed by this User Agreement are resolved in accordance with the procedure established by the current legislation of the Russian Federation according to the norms of the Russian law. Throughout the text of this User Agreement, unless expressly stated otherwise, the term "legislation" is understood as both the legislation of the Russian Federation and the legislation of the User's place of residence.

7.2. The User and/or the Rightholder and the Site Administration will try to resolve all the disputes and disagreements that have arisen between them by negotiation. In case of impossibility to resolve disputes and disagreements through negotiations, they are subject to consideration in the appropriate court basing on the location of the Administration of the Site.

7.3. If, for one reason or another, one or more of the provisions of this User Agreement are found to be invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the User Agreement.