Public Offer for the Publication of Materials in the Journal "Modern Competition"

Synergy University, represented by Maxim Sergeevich Nesterov, Executive Director, acting under the Charter (hereinafter – the Publisher), hereby posts 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 – the Agreement), addressed to an indefinite circle of persons.

This document is a public offer and contains all the essential terms of the agreement. In accordance with Article 438 of the Civil Code of the Russian Federation, the full and unconditional acceptance (aksept) of this public offer is the Author's submission of their materials through the special submission form on the website https://www.moderncompetition.ru/.

1. Terms Used in the Agreement

Author (Co-authors) – the natural person (persons) by whose creative labor the Article was created.

Acceptance – the full and unconditional acceptance of the Offer.

Journal – "Современная конкуренция / Journal of Modern Competition" (Certificate of media registration ПИ No. ФС 77 - 57863 dated April 25, 2014), hereinafter referred to as the "Journal".

Application – an electronic request from the Author to the Publisher to place an Article in the Journal.

Publisher – Synergy University.

Offer – this document (a proposal to the Author) for the publication of the Article.

Publication – the publication of the Article in the Journal.

Editorial Staff – the creative team that produces the Journal.

Article – a scientific, educational, or methodological material (text) submitted by the Author for publication in the Journal.

Service – the publication (layout) of the Article in the Journal based on the Author's Application.

2. Subject of the Agreement

2.1. From the moment of Acceptance, the Author grants the Publisher, on a gratuitous basis for the term of the exclusive right to the Article as provided by the current legislation of the Russian Federation, a simple (non-exclusive) license in accordance with Art. 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 is understood to include everything covered by Art. 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 parts in any material form, including on paper and electronic media, in journals and/or databases of the Publisher and/or other persons, at the Publisher's discretion;

2.2.2) distribution of the Article or its individual parts in the Russian language as part of the Journal and/or databases of the Publisher or other persons, at the Publisher's discretion, or as a standalone 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 own choosing (making available to the public, including via the "Internet" information and telecommunications network);

2.2.4) translation of the Article into other languages (if necessary) and performing the above-mentioned actions with the translation;

2.2.5) conclusion of sub-licensing agreements with third parties for the use of the Article and its individual materials;

2.2.6) other exclusive rights not expressly transferred to the Publisher under this Agreement, including patents for any processes, means, or methods, etc., described by the Author (Co-authors) in the Article, as well as trademark rights, shall be retained by the Author (Compilers) and other rights holders.

2.3. The granting of rights under this offer includes the right to process the form of presentation of the Article for its use in interaction with computer programs and systems (databases), publication and distribution in a machine-readable format, and integration into search systems (databases).

2.4. If the Article is accepted for publication by the Editorial Staff, the Publisher shall publish the Author's Article in the Journal. In the event the Editorial Staff decides to refuse the Author publication of the Article in the Journal, this Acceptance shall become void. The Publisher shall notify the Author of this, provided that the Author (Co-authors) has provided the Editorial Staff with a contact email address.

2.5. The Author (Co-authors) guarantees that he/she is the rights holder of the exclusive right to the Article, and that the Article has not been transferred to third parties for reproduction and other use.

2.6. The Author transfers the 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. The simple (non-exclusive) license is gratuitous, for the duration of the exclusive right, and is valid worldwide. This license grants any person the right to copy and distribute the material in any medium and in any format and to create derivative materials, modify and transform the material, provided that authorship is indicated as follows:

– indication of the Author(s) (name/names provided by the Publisher/Journal in the publication);

– indication of the Article title;

– indication of the Journal title;

– indication of the year and issue (volume) of publication;

2.6.3. By granting the Publisher the right to the first publication of the Article under the terms of clauses 2.1–2.5 of this Agreement (simple non-exclusive license), the Author simultaneously and gratuitously grants the entire world the rights to use the Article, subject to compliance with the requirements of clause 2.6.2.

2.6.4. The Publisher undertakes, upon the first publication of the Article in the Journal (in print and/or electronic form), to indicate 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 remuneration to the Author.

2.8. The territory in which the use of the rights to the Article is permitted is not limited.

3. General Terms of Service

3.1. The Publisher provides services to the Author only if the following conditions are met:

– The Author has provided materials that comply with the requirements of the Offer;

– The Author has performed the Acceptance.

3.2. The services are provided to the Author free of charge.

3.3. If the materials are submitted by the Author in violation of the rules and requirements of this Offer, the Publisher has the right to refuse their publication.

3.4. During the term of the Agreement, the Publisher is not responsible for the unauthorized use of data provided by the Author by third parties.

4. 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 required by the current copyright legislation;

4.1.2) the Author (Co-authors) has obtained all necessary permissions for the protected results of intellectual activity and means of individualization used in the Article, for which the Author (Co-authors) is not the rights holder;

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 secret (confidential) information (including state secrets).

4.2. The Author undertakes:

4.2.1) to provide the submission of the Article in accordance with the publication requirements for authors published on the Journal's website;

4.2.2) to inform other Co-authors about the terms of the offer and the simple non-exclusive license and has received the consent of all Co-authors to accept this Offer.

4.3. In the process of preparing the Article for publication, the Author undertakes:

4.3.1) to make corrections to the text of the Article as indicated by the Editorial Staff, and/or, if necessary, to revise the Article within a reasonable time at the Publisher's request;

4.3.2) to read the proof(s) of the Article within the deadlines stipulated by the Journal's publication schedule;

4.3.3) to introduce into the proof of the Article only the minimum of edits related to the need to correct errors made in the original Article and/or to make factual and conjunctural amendments.

4.4. The Author (Co-authors) has the right:

4.4.1) to purchase an author's copy of the journal with the published Article on a fee basis. The cost of one issue of the journal is RUB 1190 (One thousand one hundred and ninety) (including postage costs). If necessary, the Author (Co-authors) may order additional copies of the journal;

4.4.2) after the first publication in the Journal, to transfer a copy of the Article, in whole or in part for their personal or professional use, including for the promotion of academic or scientific research, or for the employer's informational purposes;

4.4.3) to use materials from the published Article in a book or other publications written by the Author (Co-authors);

4.4.4) to use individual figures or tables and excerpts of text from the Article for their own purposes, including commercial ones, or for inclusion in another work, or for presentation in electronic format on an internal (secure) computer network or on the external website of the Author (Co-authors) or their employer;

4.4.5) to include materials from the Article in educational collections for use in the classroom, for free or paid distribution of materials to the Author's (Co-authors') students, or to save materials in electronic format on a local server for student access as part of a course of study, as well as for internal training programs at the employer's institution.

4.5. The Publisher undertakes:

4.5.1) to publish the Article under the terms provided for in this offer, in the event of a positive result of internal peer review and the Author's removal of the reviewer's comments;

4.5.2) from the moment of the first publication of the Article in the Journal, to clearly indicate that the Article is published under a simple (non-exclusive) license.

4.6. The Publisher has the right:

4.6.1) to carry out literary and technical editing of the Article that does not alter its fundamental provisions and meaning.

4.6.2) to place preliminary and/or promotional information about the upcoming publication of the Article in the media and other information sources.

4.6.3) to establish rules (conditions) for the acceptance and publication of materials for the Journal. The Editorial Staff holds the exclusive rights to select and/or reject materials sent to the editorial office of the Journal for publication. The submission (material medium) sent by the Author (Co-authors) to the Editorial Staff is not returnable. The Editorial Staff does not engage in correspondence regarding the rejection of an Article by the Editorial Staff.

4.6.4) to temporarily suspend the provision of services to the Author under the Agreement for technical, technological, or other reasons preventing the provision of services, for the time it takes to eliminate such reasons, by notifying the Author.

4.6.5) to refuse to publish the Article:

1. a) if the Article does not correspond to the theme of the Journal (or any part of it), or the material presented is insufficient for independent publication, or the formatting of the Article does not meet the requirements after comments have been sent to the Author;
2. b) in case of the Author's violation of the guarantees given in clause 4.1 of this Agreement;
3. c) in other cases provided for by the Journal's rules.

4.6.6) to make amendments to the Offer in the manner prescribed by law.

4.6.7) to post the published Articles on the Internet on the website of the Journal/Publisher, including in open access, as well as to transfer them for publication in scientific citation databases.

4.7. In all cases not specified and not provided for in this Agreement, the Parties shall be guided by the current legislation of the Russian Federation.

5. Acceptance

5.1. This Agreement shall enter into force from the moment of its conclusion, when the Author performs the Acceptance by placing a corresponding mark (a checkmark) in the special form on the website https://www.moderncompetition.ru/, confirming agreement with all the terms of this Offer. Submitting the Application (article) via the specified form is an action by the Author aimed at executing the already concluded Agreement. The Agreement is concluded for an indefinite period.

5.2. Clicking the checkmark for Acceptance creates an Agreement concluded on the terms of the Offer.

5.3. The Agreement enters into force from the moment of Acceptance by the Author and is valid:

1. a) until the moment the Publisher fulfills its obligations to provide services;
2. b) until the moment of termination of the Agreement.

6. Procedure for Amending and Terminating the Agreement

6.1. The Publisher has the right to unilaterally amend the terms of this Agreement, having notified the Author at least 10 (ten) calendar days before the corresponding amendments come into force via the Journal's website https://www.moderncompetition.ru/ or by sending a notification via e-mail to the Author's e-mail address specified in the Author's Application. The amendments enter into force on the date specified in the corresponding notification.

6.2. In the event of the Author's disagreement with the amendments 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 notification of withdrawal from this Agreement before the corresponding amendments enter into force. In the absence of a written notification from the Author before the amendments to the Agreement enter into force, the amendments are considered accepted by the Author, and the Agreement continues to be valid with the amendments made.

6.3. This Agreement may be terminated early:

– by agreement of the Parties at any time;

– on other grounds provided for in this Agreement.

6.4. The Author has the right to unilaterally refuse to perform this Agreement by sending the Publisher a corresponding notification 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 notification is sent after publication, the Agreement is considered fulfilled with regard to the granting of licenses, and the Author's refusal does not affect the rights of third parties that arose under the simple (non-exclusive) license.

6.5. The termination of the Offer for any reason does not release the Parties from liability for violations of the terms of the Offer that occurred during its term of validity.

7. Liability

7.1. For non-performance or improper performance 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 liable for the accuracy and completeness of the information they provide to the Publisher. When using unreliable information received from the Author (Co-authors), the Publisher is not liable for any negative consequences caused by its actions based on the unreliable information provided.

7.3. The Author is solely liable for compliance with the requirements of legislation on advertising, on the protection of personal property/non-property and related rights, on the protection of trademarks and service marks, and on the protection of consumer rights.

7.4. The Publisher is not liable for:

1. a) any actions that are a direct or indirect result of the Author's actions;
2. b) the content of the published Articles, except for aspects determined by the regulations for the publication of scientific periodicals and legal requirements;
3. c) losses of the Author arising in connection with the use of the Article by third parties under the terms of a simple (non-exclusive) license.

7.5. The Publisher is released from liability for violating the terms of the Agreement if such violation is caused by force majeure circumstances in accordance with Art. 401 of the Civil Code of the Russian Federation, including: actions of state authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, military actions, terrorist acts, epidemics, lack of electricity and/or computer network failures, strikes, civil unrest, riots, provided that these circumstances directly affected the performance of the Agreement.

8. Dispute Resolution Procedure

8.1. Disputes and disagreements will be resolved by the Parties through negotiations, and in case of failure to reach an agreement, in accordance with the current legislation of the Russian Federation.

8.2. In the presence of 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.

9. Miscellaneous

9.1. The text of this Offer (Agreement) is available on the Publisher's website at the following address on the Internet: https://www.moderncompetition.ru/.

9.2. Any notifications, messages, requests, etc. (with the exception of documents that must be sent as authentic originals in accordance with the legislation of the Russian Federation) are considered received by the Author if they were sent by the Publisher to the e-mail address specified by the Author in the Application, or published on the website of the Journal/Publisher. The Parties recognize the legal force of notifications sent by these methods.

9.3. In the event that claims are made against the Publisher related to the violation of exclusive copyright and other intellectual property rights of third parties in the creation of the Article, or in connection with the conclusion of this Agreement by the Author (Co-author), the Author undertakes:

9.3.1) immediately, upon receipt of notification from the Publisher, take measures to settle disputes with third parties, if necessary, join the judicial process on the side of the Publisher and take all actions within his/her power to exclude the Publisher from the list of defendants;

9.3.2) reimburse the Publisher for the legal costs incurred, expenses and losses caused by the application of interim measures and the execution of a court resolution, and the 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 Author's (Co-authors') non-compliance with the guarantees they provided under clause 4.1 of this Agreement.

9.4. Processing of personal data:

1. a) The Author (a natural person), by sending an Application and Article materials, gives the Publisher his/her consent to the processing of the following personal data: last name, first name, patronymic; academic degree, academic title; place of work, his/her name, position; place of study, address of the educational institution, student status (student, postgraduate student, etc.); postal address for correspondence; work phone number; school phone number; home and mobile phone numbers; e-mail address for communication with the editorial office, e-mail address for publication in the Journal (hereinafter - PD).
2. b) The processing of PD is carried out by the Publisher exclusively for the purposes of executing this Offer, namely: to review the Application, organize peer review, edit, publish the Article in the Journal, inform the Author about the progress of the Application review and the release of the Journal, include information about the Author in the publication and the Journal's databases, and comply with the requirements of the legislation of the Russian Federation.
3. c) The processing of PD means actions (operations) with PD, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, distribution (including transfer for publication in scientific citation databases, on partner sites), depersonalization, blocking, deletion, destruction of PD using automation tools and without the use of such tools.
4. d) The term for processing PD: during the term of the Agreement and after its termination for the periods established by the legislation of the Russian Federation for the storage of editorial documentation and published materials (at least 5 years), or until the consent is withdrawn by the Author.
5. e) The Author has the right to withdraw this consent by sending the Publisher a written notification. Withdrawal of consent entails the deletion of PD from the editorial systems but does not require the removal of information about the Author from already published issues of the Journal and archives, as well as from scientific citation databases where the Journal has been submitted.
6. f) The Publisher guarantees the confidentiality of PD and takes the necessary measures to protect them.

Address and bank details of the Publisher:

Synergy University
Legal address: build. 1, 9/14, Meschanskaya St., Moscow, 129090, Russia
Mailing address: build. 1, 9/14, Meschanskaya St., Moscow, 129090, Russia]
INN: 7729152149
KPP: 770201001
OGRN: 1037700232558
Current account: 40703810038000004715
in PAS «SberBank Russia», Moscow
Correspondent account: 30101810400000000225
BIK: 044525225
Phone: +7 800 100-00-11 (7998)
E-mail: apogorelova@synergy.ru
Website: https://www.moderncompetition.ru/