1. Terms and definitions
1.1 Training programs – the author's sports training programs developed by Igor Voitenko within the framework of the Next Level Challenge project, aimed at informational education in the field of physical development. The composition and content of the training programs provided through the Site may be changed by the Copyright Holder without notifying the User.
1.2 Site – a web page on the Internet, with the domain name http://nextlevelchallenge.ru/
, intended for use on personal computers, smartphones, tablets and other electronic devices, through which access to the copyright Training Programs is provided.
1.3 Copyright Holder – individual entrepreneur Kseniya Voitenko (Primary State Registration Number of Individual Entrepreneur (ОГРНИП): 319774600271620), who owns the exclusive rights to the Site, as well as the rights (non-exclusive license) to implement the Training Programs.
1.4 User – any person using the Site in accordance with the requirements of the current legislation of the Russian Federation and the terms of this User Agreement (hereinafter referred to as the "Agreement". 2. General terms
2.1 This Agreement is a public offer establishing the terms for using the Site and is concluded between the User and the Copyright Holder.
2.2 Familiarization with the terms of this Agreement and ticking "Agree" or "Accept" next to the link to this Agreement, as well as the actual start of using the Site shall mean the User's written consent to (acceptance of) the terms of the Agreement.
2.3 Persons under the age of 18 are allowed to register on the site and use the Site only with the consent and/or with the active participation of one of the parents or legal guardian.
2.4 If the health and/or well-being of the User deteriorate, the User should immediately stop engaging in the training programs and follow the diet plans, access to which is provided through the Site, and consult a doctor.
2.5 Pregnant women and breastfeeding mothers should not engage in sports training programs or follow nutrition plans made available through the Site.
2.6 Use of the Site is permitted only under the terms of this Agreement. If the User does not accept the terms of this Agreement in full, the User is not entitled to use the Site.
2.7 Additional equipment may be required to complete the Training Programs. The provision of such equipment is not the responsibility of the Copyright Holder and is provided by the User independently and at his own expense. 3. Rights and obligations of the parties
3.1 The User confirms and warrants that, before using the Site, he has consulted with a qualified attending physician and has no contraindications to physical activity, including physical exercises, their intensity and routine, as well as the meal plans provided for by the Training Programs, which are accessed through the Site.
3.2 The User confirms that he is familiar with the terms of this Agreement and uses the Site, including performing physical exercises provided for by the Training Programs, on the basis of his own informed free choice of his own will and in his own interests.
3.3 The User is notified and agrees that the Site is for informational purposes only, is not a source of professional sports and/or medical advice and recommendations regarding exercise, sports training programs, meal plans. The Copyright Holder does not engage in medical treatment or any other medical activity, does not provide the services of a personal trainer or nutritionist. The User undertakes to understand and take into account that all materials and recommendations provided through the Site are intended for people who have no contraindications to physical activity and, if necessary, consult his/her doctor before starting any exercise or nutrition program.
3.4 The User understands and agrees that the results of exercise and following the meal plans may not meet his expectations.
3.5 When using the Site, the User is obliged to comply with the current legislation of the Russian Federation, as well as the rights and legitimate interests of others.
3.6 The User is personally responsible for any information that is posted by him on the Site or through the Site interface.
3.7 The Copyright Holder has the right to restrict (block) or terminate the User's access to the Site at any time if the User violates the terms of the Agreement or the requirements of the current legislation. In this case, the User is deprived of the right to use the Site, and if the User causes harm or loss to the Copyright Holder, he/she shall undertake to compensate for such harm and loss.
3.8 The Copyright Holder has the right to suspend access for registration on the Site at any time and without notifying the User.
3.9 The Copyright Holder terminates the User's access to the Site if the User refuses to use the Site, unless otherwise provided by agreement of the parties. 4. Intellectual property
4.1 All objects posted on the Site, including program code, design elements, interfaces, text, graphics, illustrations, videos, scripts, programs, music, sounds and other objects and their selections, as well as visual and sound design, content and algorithms (methods) of training programs or other materials that are accessed through the Site (hereinafter – "Content") are objects of exclusive rights 4.2 of the Copyright Holder, all rights to these objects are protected in accordance with applicable law.
4.3 No Content shall be copied (reproduced), modified, distributed, displayed in a frame, published, downloaded, transmitted, sold or otherwise used in full or in part without the prior permission of the Copyright Holder. Reproduction, copying, collection, systematization, storage, transmission of content in order to create a database for commercial and (or) non-commercial purposes and (or) use of the content in whole or in any part of it, regardless of the method of use, without the consent of the Copyright Holder is not allowed.
4.4 The User undertakes to respect the intellectual property rights of the Copyright Holder, as well as to use the Site solely for personal purposes.
4.5 Under this Agreement, the User does not have the right to use the Site for commercial or other purposes not provided for by the Agreement, does not have the right to copy, distribute (replicate), transfer to third parties access to the Site, visual and sound design, content and algorithms of training programs or other materials, in whole or in part, access to which is provided through the Site without a direct written consent of the Copyright Holder.
4.6 The User is not entitled to make any changes to the original program code of the Site, including decompiling, supplementing, changing, deleting elements of the program code, design, content of the Training Programs, or otherwise make changes to the operation of the Site in any way other than those expressly provided by the interface Site.
4.6 For violation of the exclusive rights, the User shall pay compensation in the amount and in the manner determined by the current legislation, and also bear other statutory liability.
5.1 Under this Agreement, the Copyright Holder provides the User,
and the User accepts a simple (non-exclusive) license to use the Site without the right to transfer it to third parties which can be completely cancelled (terminated).
5.2 The right to use the Site arises for the User automatically, immediately after the Copyright Holder receives confirmation of payment from the payment system.
5.3 The license for the Site is valid indefinitely, unless another period is determined by the written agreement of the parties. 6. Warranties and Liability
6.1 The site is located at http://nextlevelchallenge.ru/.
6.2 The Copyright holder does not guarantee that the operation of the Site will be uninterrupted and error-free at any moment of use of the Site, and that errors in the operation of the Site will be fixed promptly and in full.
6.3 All information and materials on the Site are provided on an "as is" basis, without guarantees of any kind. The Copyright Holder, to the maximum extent permitted by law, disclaims all guarantees, including, but not limited to, guarantees of the suitability of the materials on the Site for a particular purpose, guarantees of no copyright infringement. The Copyright Holder does not guarantee the completeness, accuracy and reliability of the information provided on the Site. The Copyright Holder does not guarantee that the materials on the Site are suitable and available for use anywhere.
6.4 The User is notified and accepts that the operation of the Site depends on the characteristics of the equipment used by the User (personal computers, mobile devices) and software (operating system), as well as on the characteristics of the communication channels provided by the providers of the User.
6.5 The Copyright Holder is not obliged to provide the User with technical support, maintenance, updates, modifications and new versions of the Site. The Copyright Holder may release updates for the Site and automatically, through electronic communication, and update its version.
6.6 The Copyright Holder is not responsible for any direct or indirect consequences of the User's use of the Site, including but not limited to: traumas and injuries received during training, deterioration of health, other harm to the life and health of the User.
6.7 The Copyright Holder is not responsible for damage caused to the property (including personal computers and mobile devices) of the User as a result of using the 6.8 Site in violation of the terms of the Agreement, and as a result of clicking on links to third-party information resources posted on the Site.
6.9 The Copyright Holder does not guarantee that the Site will not contain viruses and other malicious software. The Copyright Holder shall not be responsible for any harm caused by such software. The User is responsible for independently taking all necessary measures to protect his equipment and information from possible danger of this kind. 7. Personal data
8.1 The User has the right to refuse to use the Site at any time. In this case, money paid by the User is not refunded, regardless of whether the actual use of the Site was carried out or not. 9. Changes to the terms of this Agreement
9.1 This Agreement may be amended by the Copyright Holder unilaterally. Changes come into force from the moment they are posted on the Site. 10.Final provisions
11.Copyright Holder details
- This Agreement, as well as the offer for its conclusion, shall be governed by and construed in accordance with the legislation of the Russian Federation.
- Any disputes and disagreements arising in connection with the execution of this Agreement, the Copyright Holder and the User will seek to resolve through negotiations. Before the dispute is submitted for court resolution, the Copyright Holder and the User will take measures to resolve it in a claim procedure. The claim must be made in writing. The Copyright Holder or the User must give a written response to the received claim on the merits within a period no later than 10 calendar days from the date of its receipt.
- Any disputes or disagreements between the parties in relation to the Agreement, if they are not resolved through negotiations, are subject to resolution in a court of general jurisdiction at the location of the Copyright Holder according to the procedure prescribed by the legislation of the Russian Federation.
- The parties enter into a legal relationship without any coercion and in the absence of other circumstances that could indicate that the goals of such legal relationship is anything other than that specified in the subject of this Agreement.
- Any information received by the parties during the execution of the Agreement, including personal data of the parties, information about technologies and methods of work, unregistered objects of intellectual property, which became known to the parties during the execution of the Agreement, is confidential and not subject to disclosure by the parties to third parties, with the exception of employees of the Copyright Holder.
- Electronic correspondence has legal significance for the parties in the event that the e-mail addresses specified in this Offer are used for the exchange of emails. Documents received by e-mail specified in this Offer are legally valid provided they are properly executed, stamped and signed by an authorized person. If necessary, the parties undertake to send the originals of the relevant documents by sending them by mail within a reasonable time from the date of their signing.
- In everything that is not provided for by the Agreement, the parties are guided by the current legislation of the Russian Federation.
Individual entrepreneur Voitenko Kseniya (patronymic name Sergey)
Primary State Registration Number of Individual Entrepreneur (ОГРНИП): 319774600271620 Tax Identification Number (INN): 614315806605
Address: 121357, Moscow, 67 Kutuzovsky Avenue Building 2,
Basement Unit V, Room 2, Off. 2. Telephone: __________________Email: ____________________
Date of publication of the User Agreement : 24.02.2021