Public offer for publication of materials in the journal "Modern Competition"
Synergy University, represented by Executive Director Maxim Sergeevich Nesterov, acting on the basis of the Charter (hereinafter referred to as the Publisher), places this public offer (proposal) to conclude an agreement on the terms of a simple (non-exclusive) license for the publication of scientific, educational, and methodological materials (hereinafter referred to as the Agreement), addressed to an indefinite number of persons.
This document is a public offer and contains all essential terms of the agreement. In accordance with Article 438 of the Civil Code of the Russian Federation, the full and unconditional acceptance of this public offer is the sending by the Author of his materials through a special sending form on the website http s ://www.moderncompetition.ru/ .
- Terms used in the Agreement
Author (Co-authors) – an individual (individuals) whose creative work created the Article.
Acceptance of the Offer – full and unconditional acceptance of the Offer.
Journal – Journal of Modern Competition (Certificate of registration of mass media PI No. FS 77 - 57863 dated 04/25/2014), hereinafter referred to as the “Journal”.
Application – an electronic request from the Author to the Publisher for the placement of an Article in the Journal.
Publisher – Synergy University.
Offer – this document (proposal to the Author) for the publication of the Article.
Publication – placement of an Article in the Journal.
The Editorial Board of the Journal is a creative team that publishes the Journal.
Article – scientific, educational, methodological material (text) submitted by the Author for publication in the Journal.
Service – placement (publication) of an Article in the Journal based on the Author’s Application.
- Subject of the agreement
2.1. From the moment of Acceptance of the Offer, the Author grants to the Publisher, free of charge for the duration of the exclusive right to the Article, as provided for by the current legislation of the Russian Federation, a simple (non-exclusive) license in accordance with Article 1236 of the Civil Code of the Russian Federation and this Offer for the use of the Article created by the Author.
2.2. The use of the Article means everything that is included in Article 1270 of the Civil Code of the Russian Federation, but not limited to it, namely:
2.2.1) reproduction of the Article or its individual part in any material form, including on paper and electronic media in journals and (or) databases of the Publisher and (or) other persons, at the discretion of the Publisher;
2.2.2) distribution of the Article or its separate part in Russian as part of the Journal and (or) the databases of the Publisher or other persons, at the discretion of the Publisher, or as an independent work throughout the world;
2.2.3) making the Article available to the public in such a way that any person can access the Article from any place and at any time of their choice (making it available to the public, including via the Internet);
2.2.4) translation of the Article into other languages (if necessary) and implementation of the above actions with the translation;
2.2.5) concluding sublicense agreements with third parties for the use of the Article and its individual materials;
2.2.6 ) other exclusive rights not directly transferred to the Publisher under this Agreement, including patents for any processes, methods or techniques, etc., described by the Author (Co-authors) in the Article, as well as rights to trademarks, are retained by the Author (Compilers) and other copyright holders.
2.3. The granting of rights under this offer includes the right to process the form of provision of the Article for its use in interaction with computer programs and systems (databases), publication and distribution in machine-readable format and implementation in search systems (databases).
2.4. In the event that the Editorial Board of the Journal accepts the Article for publication, the Publisher shall publish the Author's Article in the Journal. In the event that the Editorial Board of the Journal decides to refuse the Author's request to publish the Article in the Journal, this acceptance of the offer shall become invalid. The Publisher shall notify the Author of this, provided that the Author (Co-authors) provides the Editorial Board with a contact e-mail address.
2.5. The Author (Co-authors) guarantees that he/she is the owner of the exclusive rights to the Article, and that the Article has not been transferred to third parties for reproduction or other use.
2.6. The author transfers exclusive rights under a simple (non-exclusive) license.
2.6.1. The Parties agree that from the moment of the first publication of the Article in the Journal, the Article becomes available under the terms of a simple (non-exclusive) license.
2.6.2. A simple (non-exclusive) license is free of charge, for the duration of the exclusive right, and is valid worldwide. This license grants any person the right to copy and distribute the material on any medium and in any format and to create derivative works, modify and transform the material, provided that the authorship is indicated as follows:
– indication of the Author( s ) (name/names provided by the Publisher/Journal in the publication);
– indication of the title of the Article;
– indication of the title of the Journal;
– indication of the year and number (volume) of publication;
2.6.3. By granting the Publisher the right to first publish the Article under the terms of paragraphs 2.1–2.5 of this Agreement (a simple non-exclusive license), the Author simultaneously and free of charge grants to the entire world the rights to use the Article subject to the requirements of paragraph 2.6.2.
2.6.4. The Publisher undertakes to indicate, upon the first publication of the Article in the Journal (in printed and/or electronic form), that the Article is licensed under the terms of a simple (non-exclusive) license.
2.7. The rights are transferred by the Author to the Publisher free of charge, and the publication of the Article in the Journal does not entail any financial payments to the Author.
2.8. The territory in which the use of rights to the Article is permitted is not limited.
- General terms and conditions for the provision of services
3.1. The Publisher provides services to the Author only if the following conditions are met:
– The author has provided materials that meet the requirements of the Offer;
– The Author has accepted the Offer.
3.2. Services are provided to the Author free of charge.
3.3. If the materials are provided by the Author in violation of the rules and requirements of this Offer, the Publisher has the right to refuse to post them.
3.4. During the term of the Agreement, the Publisher shall not be liable for the unauthorized use of data provided by the Author by third parties.
- Rights and obligations of the Parties
4.1. The author guarantees that:
4.1.1) the article contains all correct references to cited authors and (or) publications (materials) as provided for by current copyright legislation;
4.1.2) The Author (Co-authors) have obtained all necessary permissions for the protected results of intellectual activity and means of individualization used in the Article, the copyright holder of which is not the Author (Co-authors ) ;
4.1.3) the article does not contain materials that are not subject to publication in the open press in accordance with the current legislative acts of the Russian Federation, and its publication and distribution will not lead to the disclosure of classified (confidential) information (including state secrets).
4.2. The author undertakes to:
4.2.1) submit the manuscript of the Article in accordance with the publication requirements for authors, published on the Journal’s website;
4.2.2) inform other Co-Authors regarding the terms of the offer and the simple non-exclusive license and obtain the consent of all Co-Authors to accept this Offer;
4.3. In the process of preparing the Article for publication, the Author undertakes to:
4.3.1) make corrections to the text of the Article as indicated by the Editorial Board of the Journal and (or), if necessary, at the request of the Publisher, revise the Article within a reasonable time;
4.3.2) read the proof(s) of the Article within the timeframes specified in the Journal’s publication schedule;
4.3.3) make only the minimum amount of edits to the proofreading of the Article that are related to the need to correct errors made in the original Article and/or make factual and opportunistic changes.
4.4. The Author (Co-authors) have the right to:
4.4.1) purchase an author's copy of the journal with the published Article on a paid basis. The cost of one issue of the journal is 1190 (one thousand one hundred ninety) rubles (including postal delivery costs). If necessary, the Author (Co-authors) have the right to order additional copies of the journal;
4.4.2) after the first publication in the Journal, to give to colleagues, free of charge, a copy of the Article in whole or in part for their personal or professional use, including for commercial purposes, for the promotion of academic or scientific research, or for the informational purposes of the employer;
4.4.3) use materials from the published Article in a book or other publications written by the Author (Co-Authors);
4.4.4) use individual figures or tables and text excerpts from the Article for personal purposes, including commercial ones, or for inclusion in another work, or for presentation in electronic format on an internal (protected) computer network or on an external website of the Author (Co-Authors) or his employer;
4.4.5) include the materials of the Article in educational collections for use in the classroom, for free or paid distribution of materials to students of the Author (Co-Authors) or store the materials in electronic format on a local server for access by students as part of a course of study, as well as for internal training programs at the employer's institution.
4.5. The Publisher undertakes to:
4.5.1) publish the Article under the conditions stipulated by this offer, in the event of a positive result of the internal review and the removal by the Author of the reviewer’s comments;
4.5.2) from the moment of the first publication of the Article in the Journal, clearly indicate that the Article is posted on the basis of a simple (non-exclusive) license.
4.6. The publisher has the right:
4.6.1) carry out literary and technical editing of the Article without changing its fundamental provisions and meaning.
4.6.2) place in the media and other information sources preliminary and (or) advertising information about the upcoming publication of the Article.
4.6.3) establish the rules (conditions) for accepting and publishing the Journal's materials. The Editorial Board of the Journal has exclusive rights to select and (or) reject materials sent to the Editorial Board of the Journal for the purpose of their publication. The manuscript (material medium) sent by the Author (Co-authors) to the Editorial Board of the Journal is not subject to return. The Editorial Board of the Journal does not enter into correspondence on issues of rejection of the Article by the Editorial Board of the Journal.
4.6.4) temporarily suspend the provision of services to the Author under the Agreement for technical, technological or other reasons that prevent the provision of services, until such reasons are eliminated, after notifying the Author.
4.6.5) refuse to publish the Article:
- a) if the Article does not correspond to the subject matter of the Journal (or any part thereof), or the submitted material is insufficient for independent publication, or the design of the Article does not meet the requirements after sending comments to the Author;
- b) in the event of a breach by the Author of the guarantees given in clause 4.1 of this Agreement;
- c) in other cases stipulated by the rules of the Journal.
4.6.6) make changes to the Offer in accordance with the procedure established by law.
4.6.7) post published Articles on the Internet on the website of the Journal/Publisher, including in open access, and also transfer them for placement in scientific citation databases.
4.7. In all cases not specified or provided for in this Agreement, the Parties are obliged to be guided by the current legislation of the Russian Federation.
- Acceptance of the Offer
5.1. This Agreement shall enter into force from the moment of its conclusion, when the Author accepts the Offer by placing the appropriate mark (tick) in a special form on the website http s ://www.moderncompetition.ru/ , confirming agreement with all the terms of this Offer. Sending an Application (article) through the specified form is an action of the Author aimed at fulfilling the already concluded Agreement. The Agreement is concluded for an indefinite period.
5.2. By clicking the Accept Offer checkbox, an Agreement concluded under the terms of the Offer is created.
5.3. The Agreement shall enter into force from the moment of Acceptance of the Offer by the Author and shall be valid:
- a) until the Publisher fulfills its obligations to provide services;
- b) until the moment of termination of the Agreement.
- Procedure for changing and terminating the Agreement
6.1. The Publisher has the right to unilaterally change the terms of this Agreement, not later than 10 (ten) calendar days before the entry into force of the relevant changes, by notifying the Author via the Journal's website http s ://www.moderncompetition.ru/ or by sending a notice via e-mail to the Author's e-mail address specified in the Author's Application. The changes shall enter into force on the date specified in the relevant notice.
6.2. In the event of the Author's disagreement with the changes to the terms of this Agreement in accordance with clause 6.1 of this Agreement, the Author has the right to send the Publisher a written notice of refusal to accept this Agreement before the relevant changes come into force. In the absence of a written notice from the Author before the changes to the Agreement come into force, the changes are considered accepted by the Author, and the Agreement continues to be in effect with the changes made.
6.3. This Agreement may be terminated early:
– by agreement of the Parties at any time;
– on other grounds provided for by this Agreement.
6.4. The Author has the right to unilaterally refuse to execute this Agreement by sending the Publisher a corresponding notice in writing to the official e-mail address indicated on the Journal's website no later than the day of publication of the Article in the Journal. If the notice is sent after publication, the Agreement is considered executed in terms of granting licenses, and the Author's refusal does not affect the rights of third parties arising on the basis of a simple (non-exclusive) license.
6.5. Termination of the Offer for any reason does not relieve the Parties from liability for violations of the terms of the Offer that arose during its validity period.
- Responsibility
7.1. For failure to fulfill or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.
7.2. All information provided by the Author (Co-authors) must be reliable. The Author is responsible for the reliability and completeness of the information provided by him to the Publisher. When using inaccurate information received from the Author ( Co-authors) , the Publisher shall not be liable for the negative consequences caused by his actions based on the inaccurate information provided.
7.3. The author bears full responsibility for compliance with the requirements of the legislation on advertising, on the protection of personal property/non-property and related rights, on the protection of trademarks and service marks, on the protection of consumer rights.
7.4 The Publisher shall not be liable for:
- a) any actions that are a direct or indirect result of the actions of the Author;
- b) the content of published Articles, with the exception of aspects determined by the regulations for the publication of scientific periodicals and the requirements of legislation;
- c) the Author’s losses incurred in connection with the use of the Article by third parties under the terms of a simple (non-exclusive) license.
7.5. The Publisher shall be released from liability for breach of the terms of the Agreement if such breach is caused by force majeure circumstances in accordance with Article 401 of the Civil Code of the Russian Federation, including: actions of government authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, military actions, terrorist acts, epidemics, power outages and (or) computer network failures, strikes, civil unrest, riots, provided that these circumstances directly affected the execution of the Agreement.
- Dispute resolution procedure
8.1. Disputes and disagreements will be resolved by the Parties through negotiations, and in the event of failure to reach agreement, in accordance with the current legislation of the Russian Federation.
8.2. In the event of any unresolved disagreements between the Parties, disputes shall be resolved in court at the location of the Publisher in accordance with the current legislation of the Russian Federation.
- Other conditions
9.1. The text of this Offer (Agreement) is posted on the Publisher’s website at the address on the information and telecommunications network “Internet”: http s ://www.moderncompetition.ru/ .
9.2. Any notifications, messages, requests, etc. (except for documents that must be sent in the form of originals, in accordance with the legislation of the Russian Federation) are considered to be received by the Author if they were sent by the Publisher by e-mail specified by the Author in the Application, or published on the website of the Journal/Publisher. The Parties acknowledge the legal force of notifications sent by the specified methods.
9.3. In the event of claims being made against the Publisher related to the violation of exclusive copyright and other intellectual property rights of third parties during the creation of the Article, or in connection with the conclusion of this Agreement by the Author (Co-author), the Author undertakes to:
9.3.1) immediately, after receiving the Publisher’s notification, take measures to resolve disputes with third parties, if necessary, enter into legal proceedings on the side of the Publisher and take all actions within its power to exclude the Publisher from the list of defendants;
9.3.2) reimburse the Publisher for legal costs, expenses and losses caused by the application of measures to secure a claim and enforce a court decision, and amounts paid to a third party for the violation of exclusive copyright and other intellectual property rights, as well as other losses incurred by the Publisher in connection with the failure of the Author (Co-authors) to comply with the guarantees provided by them under clause 4.1 of this Agreement.
9.4. Processing of personal data:
- a) The Author (an individual), by submitting the Application and the Article materials, gives the Publisher their consent to the processing of the following personal data: last name, first name, patronymic; academic degree, academic title; place of work, its name, position; place of study, address of the educational institution, student status (student, postgraduate student, etc.); postal address for correspondence; telephone number at the place of work; telephone number at the place of study; telephone number: home, mobile; e-mail address for communication with the editorial board, e-mail address for publication in the Journal (hereinafter referred to as PD).
- b) the processing of personal data is carried out by the Publisher solely for the purposes of fulfilling this Offer, namely: to review the Application, organize reviewing, editing, publishing the Article in the Journal, informing the Author about the progress of the Application review and the release of the Journal, including information about the Author in the publication and the Journal database, and fulfilling the requirements of the Russian Federation legislation.
- c) processing of personal data means actions (operations) with personal data , including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, distribution (including transfer for placement in scientific citation databases, on partner websites), depersonalization, blocking, deletion, destruction of personal data using automation tools and without using such tools.
- d) the period of processing personal data : during the term of the Agreement and after its termination during the periods established by the legislation of the Russian Federation for storing editorial documentation and published materials (at least 5 years), or until the Author revokes consent.
- d) The Author has the right to revoke this consent by sending a written notice to the Publisher. Revocation of consent entails the deletion of PD from the editorial systems, but does not require the deletion of information about the Author from already published issues of the Journal and archives, as well as from scientific citation databases to which the Journal has been transferred.
- e) The Publisher guarantees the confidentiality of personal data and takes the necessary measures to protect them.
Address and bank details of the Publisher:
Synergy University
Legal address: 2, Izmaylovsky Val, Moscow, Russia
Postal address: 2, Izmaylovsky Val, Moscow, Russia
INN: 7729152149
KPP: 770201001
OGRN: 1037700232558
R/s: 40703810038000004715
in PJSC "Sberbank of Russia" Moscow
C/s: 30101810400000000225
BIC: 044525225
Phone: +7 800 100-00-11 (7998)
Email: apogorelova@synergy.ru
Website: https://www.moderncompetition.ru/
