Terms of Use

Please read this agreement carefully before using the website. Whether registered or not, by accessing this website, using any services and applications offered on the website, or using its content, you are bound by the terms of this agreement. If you do not agree with the terms of the agreement and the Rules, you may not use the website, its services, its applications, or its content.

1. Terms and Definitions used in this Agreement

Visitor - a person accessing information posted on the Okno v Miry website.

User - a Visitor of the Site who has obtained an account on the Site in the established manner.

Site - a set of integrated software, hardware, and technical means, as well as information intended for publication on the Internet and displayed in a specific textual, graphical, or audio form, located within the domain of the Okno v Miry website.

Internet Page (HTML-page) - a page of the Site, a collection of integrated information materials, including text and graphics, intended for data publication on the Internet as a component of the Site.

Account - authentication and personal data of the User stored on the Site's servers.

Content - musical works, literary works, audiovisual works, phonograms, images, texts, hyperlinks, fragments thereof, information, widgets, and other objects voluntarily and gratuitously posted by the User on the Site and Personal Pages. Content is conditionally divided into User Content and Author Content.

User Content - blog posts, comments, illustrations, reviews, and any other information posted on a User's Personal Page that is not a literary work.

Author Content - literary works (stories, novellas, novels, poems, etc.), i.e., a product of verbal and artistic creation fixed in text. Author Content posted on the Site pages may be paid or free. The sale of paid content (a literary work of an author) to other Site Users is governed by an agency agreement concluded between the Company and the author.

Personal Page - an internet page created using the software capabilities of the Site as a result of a User obtaining an Account, containing the User's Personal Data.

Personal Data - accurate, complete, and current information allowing the User authorization procedure, voluntarily and gratuitously posted by the User on the Personal Page. This information is provided by the User during the Registration procedure on the Site and may include the User's name, login, email address, and other details the User deems necessary to disclose. Personal data is stored solely for the purpose of enabling authorization of the Site User.

Registration - the actions of a Visitor to create an Account on the Site according to the established procedure. During Registration, the User completes a User questionnaire and provides Authentication Data. Based on the questionnaire, the Administration grants the User access to the Site's features.

Authorization - the process of analysis by the software component of the Site of the Authentication Data entered by the User, which determines whether the User has the right to access the Site's features and the User's Personal Page.

Authentication Data - a unique identifier (login, e-mail) and password of the User used to access the User's Personal Page.

Unauthorized Access - access to a Personal Page by a person who has not passed Registration or Authorization, or obtaining access to a Personal Page by a person who has unlawfully acquired data sufficient to pass the Authorization procedure.

Administration - authorized persons of the Company who establish the procedure for using the Site, manage the operation of the Site, and control the Users' compliance with this Agreement.

Owning Company - a legal entity registered in accordance with the law in Hong Kong (Hong Kong Special Administrative Region, People's Republic of China) and conducting business in accordance with the laws of Hong Kong, as well as its employees operating the Site.

2. Subject of the Agreement

This User Agreement (hereinafter referred to as the "Agreement") is a legal agreement between the User and the Company, establishing the rules for using the Site.

By registering on the Site, the User confirms their full consent to the terms of this Agreement and the Rules.

In case of disagreement with any terms of the Agreement and Rules, the User undertakes to immediately cease using the Site.

The Site Administration reserves the right to change the terms of this Agreement and Rules at any time. The User assumes the obligation to timely and regularly familiarize themselves with current changes in terms.

By registering on the Site, the User confirms that they possess the necessary legal capacity and authority to accept this Agreement, are capable of fulfilling the terms of the Agreement, and bear responsibility for violations of the Agreement, including legal relations arising from the use of the Site.

Registration, use of the service, and purchase of a work mean that the User has read the terms of the public offer (proposal to enter into a contract) and accepts them in full.

The User bears personal responsibility for posting Content and all consequences related to its publication.

By posting Content, the User guarantees that they possess all rights and powers necessary to grant rights to the Content in accordance with the terms of this Agreement.

The User remains responsible for keeping their password for accessing the Site secret. If the password for accessing the User's Account is lost by the User or becomes known to persons other than the User, the User must immediately change their password for accessing the Site's services.

The User agrees that all actions performed on their behalf (using the User's account) are considered the actions of that User and may result in liability for the User.

The Administration has the right to delete any Content and Accounts at any time for any reason or no reason at all. The Administration reserves the right, but is not obligated, to monitor the activity of Site Users.

3. Rights, Obligations and Responsibility of the User

The User undertakes not to post Content of a provocative, rude, offensive, or aggressive nature that contradicts moral and ethical standards, violates the current laws of Hong Kong or international law, or infringes upon the rights, including intellectual property rights, of third parties.

The User has the right to post Content on the Site in accordance with the terms of this Agreement and the Rules.

Upon registration, the User undertakes to provide accurate Personal Data.

All Content published on the Site in posts or comments is subject to copyright. All borrowed materials must indicate the author's name if stated on the source site, and if it is impossible to determine, the copyright symbol (©) must be used. Hyperlinks to materials previously posted on the Internet are encouraged, and if the author states their necessity, they are mandatory. The User undertakes not to claim authorship of others' texts or images. The User guarantees the legality of posting the Content.

The User is responsible for violating this Agreement in accordance with the laws of Hong Kong.

In the event of causing damage to third parties, other Users, or the Site, the User undertakes to compensate for the damage in full in accordance with the current laws of Hong Kong.

The User bears responsibility and all expenses (including compensation for losses, harm, fines, judicial and other costs and expenses) in the event of any claims filed by third parties, including but not limited to claims related to the protection of intellectual property rights of third parties, for any obligations arising for the Site in connection with third-party demands related to or resulting from the User's violation of the terms of this Agreement. The User undertakes to take all necessary and possible measures aimed at excluding the Owning Company from the list of defendants.

The User undertakes not to post on the Site data that, in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong, may be recognized as personal, except for anonymized (publicly available) personal data. The Owning Company does not collect, process, or store such data. In the event of their discovery on the Site, such data will be immediately removed, and the measures of responsibility provided for by this Agreement, the Rules, and the current laws of Hong Kong may be applied to the User who posted them.

The User undertakes to immediately cease using the Site and not to visit internet pages located in the domain area of the Site in case of disagreement with any terms of this Agreement and/or the Rules.

4. Rights, Obligations and Responsibility of the Site Administration

The Site Administration does not engage in reviewing or resolving disputes and conflict situations arising between Site Users, but reserves the right to block a User's page in case of receiving reasoned complaints from other Users about the incorrect behavior of said User on the Site.

The Site Administration is not responsible for the User's disclosure of their Personal Data and personal information.

The Site Administration has the right, but is not obligated, to moderate Content posted on the Site.

The Site Administration has the right to delete any Content, including text, photographs, or User comments, without notice and explanation of reasons.

The Site Administration does not monitor compliance with copyright for literary works posted on the Site and is not responsible for the violation of these rights by Site Users.

The Site Administration provides no guarantees, express or implied, regarding the Content posted on the Site.

In the event of a User violating the terms of this Agreement or the current laws of Hong Kong, the Site Administration will be forced to exercise its right to transfer contact details, IP address, and any other information to interested parties upon a relevant request.

The Site Administration uses information about the User's actions to improve the Site's performance.

The Site Administration reserves the right to suspend or terminate access to the Site for any person if there are sufficient grounds to assume that Personal Data is indicated incompletely or incorrectly.

In the event of a User violating the terms of this Agreement or the Rules, the Site Administration has the right to delete the User's Account.

The Site Administration reserves the right to impose any restrictions regarding the use of the Site, both as a whole and for individual Users, without explanation.

The Site Administration or the Owning Company reserves the right to close, suspend operation, or change the Site or any part of it without prior notice to the User.

The Site Administration has the right to suspend the User's access to the Site for the purpose of carrying out necessary planned preventive and repair work on technical resources.

The Owning Company is not liable to the User and does not compensate the User for losses that have arisen or may arise to the User in connection with delays, interruptions in work, and the inability to fully use the Site.

The Administration ensures the storage of Personal Data. Storage is carried out indefinitely until the User initiates the deletion of their account data from the Site, or upon the initiative of the Administration in case of the User not using the Authentication Data of their account for more than 12 consecutive calendar months, with prior notification to the User by email (to the address specified during Registration).

The Site Administration has the right to use automated analysis tools for Author Content, including third-party services and technologies, such as the AI generation detection service GPTZero (https://gptzero.me), to detect signs of automatically generated content, verify compliance with Site rules, and consider disputed situations. The results of such checks may be taken into account by the Administration alongside other circumstances.

5. Copyright and Other Intellectual Property Rights

By creating and posting Author Content on the Site, the Site User guarantees that they own all rights to the posted Content. The User agrees that all Content is posted on a public server that can be accessed by any person from anywhere in the world and has no right to protest against the use of the Content posted by the User on the Site in any context.

The Site's services and applications may redirect Users and visitors of the Site to other sites and resources. Since the Site does not control other sites and resources, the Site User agrees that the Site is not responsible for access to such sites or resources and for the data posted on such sites and resources that advertise services, products, and other materials.

The Site User does not have the right to post any Content on the Site that violates or may violate the copyright and other proprietary and non-proprietary rights of third parties.

The Site User does not have the right to post any Content on the Site if it is knowingly known that its posting will cause losses, moral harm, damage to business reputation, or if its posting violates anyone's rights.

By posting Author Content on the Site, the User retains all copyright to it as defined by the Copyright Ordinance (Cap. 528) of Hong Kong, including personal non-proprietary rights. When posting Author Content on the Site, the User gratuitously grants the Site the right to use, reproduce, and display this Content worldwide (a simple (non-exclusive) license).

By posting any Content on the Site that the User legally owns, the User grants other Users a non-exclusive right (with the right of the posting User to post it in other information sources) to use it by viewing, reproducing, as well as other rights solely for the purpose of personal non-commercial use, except in cases where such use causes or may cause harm to the legally protected interests of its author.

Posting Author Content on the Site in no way limits the User's rights to publish it on other servers on the Internet, in print and any other publications, as well as to transfer exclusive rights to a literary work through sale or other alienation, unless otherwise stipulated by bilateral agreements between the Site and the User.

In the case of posting Content specifically created by the User for the Site, the exclusive right to such Content remains with the User, provided that no other agreement was made between the User and the Owning Company.

6. Limitation of Liability

The Administration does not control and is not obligated to take any actions regarding the control of the manner in which Site Users visit the Site or use the Site's services and applications, the effect that Content posted on the Site may have on Site Users and visitors, or how Site Users or visitors may interpret the information posted on the site, and does not control the actions taken by Site Users and visitors after reviewing the information posted on the Site. The Site may contain or direct the Site User and visitor via links to other sites containing information that may seem intimidating or incorrect to other persons. The Owning Company is not responsible for the content of such sites accessed through the Site's services and applications, for compliance with the exclusive rights of others, or for the legality of materials posted on such sites.

The Administration and the Owning Company do not bear any obligations to ensure confidentiality regarding information provided by their Users, although they take all possible measures to do so, unless there is an agreement to the contrary or relevant requirements of the current laws of Hong Kong.

7. Miscellaneous

The Agreement enters into force from the moment of Registration and is valid for the entire period of using the Site; its terms apply to relations that arose before the conclusion of the Agreement.

The Administration and the Owning Company are not responsible for Content posted on the Site: for its inaccuracy and incompleteness, for damage, harm, and losses of any nature resulting from the use of the Site or a disruption in its operation, as well as for the disclosure of Personal Data resulting from a malfunction of the Site.

The Administration has the right to change the Agreement by publishing changes on the Site. The User acknowledges all rights of the Owning Company to the Site as a single object with its components.

By accepting the Agreement, the User agrees that upon posting Content, they do not become a co-author of the Site and waives claims to authorship in the future.

By transferring rights to Content to the Owning Company (after posting it on the Site), the User forfeits the right to withdraw the work, as they have the right to delete the posted Content themselves.

Access to Site materials and Content is for personal use and informational purposes only. Without the consent of the rightsholders, it is forbidden to reproduce, distribute, copy, publicly display, broadcast, translate, adapt, or otherwise use the Site's Content. Violators of authors' and rightsholders' rights bear civil, administrative, and criminal liability under Hong Kong law, including the Copyright Ordinance (Cap. 528).

The Administration and the Owning Company are not responsible for the integrity and preservation of Content posted on the Site.

Terms regarding the transfer of rights to Content remain in force after the termination of the Agreement if the User has not deleted the Account; these rights are lost upon deletion of the Content and/or Account. Paid Author Content is deleted at the request of the rightsholder; purchased works remain available to buyers indefinitely, regardless of the Content's deletion by the author.

If the Administration or the Owning Company does not demand the fulfillment of a condition of the Agreement, this does not cancel the right to demand it later and take appropriate measures.

The Agreement does not limit the rights of the Site Administration, the Owning Company, and the User to enter into similar agreements with other parties. The invalidity of one condition does not entail the invalidity of others.

The Agreement is governed by the laws of Hong Kong (HKSAR, PRC). Disputes are resolved by the courts of Hong Kong, unless otherwise required by a mandatory provision of the law of the User's country of residence.

Content may be accompanied by advertising without notice to the User and without compensation; the User shall not prevent its display. The Administration and the Owning Company are not responsible for the content of advertisements and their consequences.

The User agrees to receive informational, news, and promotional newsletters from the Administration, including to the email address specified during Registration, and has the right to unsubscribe from them at any time.