Submissions

Copyright Notice

AGREEMENT (PUBLIC OFFER)

GRANTING THE RIGHT TO USE THE WORK IN THE PERIODICAL PUBLICATION "THEOLOGICAL HERALD".

The Publishing House of the Moscow Theological Academy of the Russian Orthodox Church, represented by Rector of the Moscow Theological Academy Bishop Theodorit of Zvenigorod (Mikhail Anatolievich Tikhonov), acting on the basis of its Statute (hereinafter "Publisher"), on the one hand proposes to an indefinite number of persons (hereinafter referred to as the Author), on the other hand, hereinafter jointly referred to as the Parties, to conclude this Agreement (hereinafter Contract) to publish the work (hereinafter referred to as the Article) in the scientific journal "Herald of Theology" on the following terms

General provisions

1.1 In accordance with clause 2 of Article 437 of the Civil Code of the Russian Federation, this Agreement constitutes a public offer, full and unconditional acceptance of which, in accordance with Article 438 of the Civil Code of the Russian Federation, the Author shall submit his/her materials to the e-mail address of the editorial board of the journal vestnik@mpda.ru.

1.2 In accordance with international copyright law on electronic information resources, materials of the website, electronic journal or project may not be reproduced in whole or in part in any form (electronic or printed) without prior written consent of the authors and the editorial board. When using published materials in the context of other documents reference to the original source is required.

1.3 Scientific Journal "Theological Bulletin" is registered by the Federal Service for Supervision of Communications, Information Technology and Mass Communications (Roskomnadzor) "06" December 2016. Certificate PI No. FS77-68028.

Terms used in the Agreement

Author - natural person(s), by creative work of whom the Article was created.

Offer acceptance - full and unconditional acceptance of the Offer on the terms specified in paragraph 3 (the author makes acceptance of the Offer by sending an application to the publisher).

Journal - scientific journal "Theological Herald" (periodical publication).

Application is an electronic request from the Author to the Publisher to place the Article in the Journal by sending the Article by e-mail to the e-mail address of the Journal's editorial board vestnik@mpda.ru.

Publisher - Moscow Theological Academy of the Russian Orthodox Church, which is the founder and publisher of the Journal.

Offer - this document (offer to the Author) to publish the Article by placing it on the website http://publishing.mpda.ru/.

Publication - placement of the Article in the Journal.

Editorial Board - a creative team that publishes the Journal.

Article - the result of fundamental and applied scientific research in the form of scientific material, review scientific material, scientific communication, bibliographic review on certain topics of scientific research, historical reference on figures of Russian and foreign science presented by the Author for publication in the Journal.

Service - placement (publication) of the Article in the Journal on the basis of the Author's Application.

Parties - the Author and the Publisher.

Subject of the Agreement (Offer)

3.1 Under this Agreement the Author grants to the Publisher non-exclusive rights listed in Section 4.1 to use the Article within the limits and for the period specified in the Agreement free of charge.

3.2 The Author guarantees that he/she has exclusive rights to the Article transferred to the Publisher.

Rights and obligations of the Parties

4.1 The Author grants the Publisher the following rights for a period of 5 (five) years:

4.1.1. publication of the Article in the Journal in the printed version;

4.1.2. publication of an electronic copy of the Article on the Journal's website (http://publishing.mpda.ru/) and other databases;

4.1.3. the right to reproduce the Article (publish, make public, duplicate, replicate or otherwise reproduce the Article) without limitation of the number of copies, including on electronic media, in electronic networks and databases. Each copy of the Article shall contain the name of the author of the Article;

4.1.4. the right to distribute the Article by any means;

4.1.5. the right to modify the Article (creation of a new, creatively independent work on its basis), translation and the right to make changes to the Article, including title and editorial changes to the text, which do not constitute its modification;

4.1.6. the right to publicly display the Article and display it for information, advertising and other purposes;

4.1.7. the right to make the Article available to the public;

4.1.8. the right to enter into a sublicence agreement, i.e. an agreement to grant the rights to use the Article listed in clause 4.1 to third parties without payment of remuneration to the Author.

4.2 If neither Party sends the other Party a written notice of termination of the Agreement at least two months prior to the end of the prescribed five-year period, the term of the Publisher's rights to the Article shall be automatically prolonged for a similar period. The number of extensions is unlimited.

4.3 The term referred to in clause 4.1. The period of validity of the exclusive right to the Author's Article may not exceed the period of validity of the Author's exclusive right to the Article. In the event of the assignment of the exclusive right, the Author shall notify the Publisher in writing of the termination of his rights to the Article or its components at least three months prior to such termination.

4.4 The Author guarantees that the Article, the rights to use which are transferred to the Publisher under this Agreement, is an original work of the Author.

4.5 The Author warrants that this Article has not been transferred to anyone for reproduction or other use.

4.6 The Author guarantees that the Article contains all the references to the authors and publications cited, as well as the results and facts used in the Article, obtained by other persons and organisations, and that the use of these results and facts will not violate the intellectual rights of these persons and organisations.

4.7. The author guarantees that the Article does not contain materials that are not subject to publication in the open press in accordance with current legislation of the Russian Federation, and its publication and distribution will not lead to disclosure of secret (confidential) information (including state secrets).

4.8. The Author assigns rights to the Publisher under this Agreement on the basis of a non-exclusive license. The Author guarantees that he/she will not grant a licence for the use of the Article to any third party prior to the date of first publication of the work by the Publisher.

4.9 The Publisher undertakes to respect and protect the Author's rights under the current legislation and to take all possible measures to prevent the violation of copyrights by third parties.

4.10. The Publisher has the right to:

- perform technical and literary editing of the Article without changing its (main content);

- to carry out examination of the Article and propose the Author to make necessary changes, until fulfillment of which the Article will not be placed in the Journal;

- in any subsequent authorised use by the Author (and/or other persons) of the Journal and/or the Article (including any single part, fragment thereof) to require from the said persons to indicate the reference to the Journal, the Publisher, the Author or other copyright holders, the title of the Article, the number of the Journal and the year of publication specified in the Journal;

- place preliminary and/or advertising information about the forthcoming publication of the Article in mass media and other information sources

- establish rules (conditions) for acceptance and publication of materials in the Journal. The Editorial Board has the right to select and/or reject materials sent to the editorial board of the Journal for publication. The manuscript (tangible medium) sent by the Author to the Editorial Board shall not be returned;

- Temporarily suspend the provision of services to the Author under the Contract for technical, technological or other reasons preventing the provision of services, while such reasons are eliminated;

- Suspend the provision of services under the Agreement unilaterally out of court in cases where:

a) if the Article does not correspond to the theme 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;

b) violation of other obligations undertaken by the Author under the Offer;

- make changes in the Offer in the order provided by the Offer.

4.11. The territory in which the rights to the Article can be used is not limited.

4.12. In the case of publication of the Work as part of the publication carried out by the Publisher (issue of a scientific journal) and distribution of copies of the publication on the basis of the provisions of Sections. 3.1, 4.1, 4.2 of the Agreement, the Publisher shall not provide the Author with printed copies free of charge. The Author may obtain copies of the printed edition on a general basis on the terms of subscription or sale. For the Author's access to the published Work the Publisher places it as part of the full-text electronic copy of the publication on the official website of the publication http://publishing.mpda.ru/

Acceptance of the Offer and conclusion of the Agreement

5.1 This Agreement comes into force from the moment of its conclusion when the Author accepts the Offer by sending the Article to the e-mail vestnik@mpda.ru and is concluded for 5 years.

5.2 The acceptance of the Offer by the Author creates an Agreement concluded orally (Article 438 of the Civil Code of the Russian Federation) on the terms and conditions of the Offer.

Order of Contract amendment and termination

6.1 The Publisher shall be entitled to unilaterally change the terms and conditions of this Agreement by giving at least 10 (ten) calendar days prior notice to the Author via the Journal's website (http://publishing.mpda.ru/) or by sending a notice by email to the Author's email address indicated in the Author's Application. The amendments shall become effective on the date specified in the relevant notice.

6.2 Should the Author disagree with the changes in the terms of this Agreement, the Author shall have the right to send the Publisher a written notice of withdrawal from this Agreement prior to the entry into force of the respective changes. In the absence of a written notification from the Author, the changes are deemed to be accepted by the Author, and the Contract continues to be in force with the changes made.

6.3 This Contract may be terminated prematurely:

- by agreement of the Parties at any time;

- on other grounds provided by this Agreement and the legislation of the Russian Federation.

6.4 The Author has the right to unilaterally withdraw from this Agreement by sending a corresponding notice in writing to the Publisher at least 60 (sixty) calendar days prior to the intended date of publication of the Author's article in the Journal.

6.5 Termination of this Agreement on any grounds shall not relieve the Parties from liability for violations of the terms of this Agreement that occurred during its validity period.

Liability

7.1. For non-performance or improper performance of their obligations under this Agreement, the Parties shall be held liable in accordance with the current legislation of the Russian Federation. 7.2.

7.2 All the information provided by the Author must be true. The Author is responsible for the accuracy and completeness of the information he/she provides to the Publisher. The Publisher is not liable for any negative consequences resulting from the use of unreliable information received from the Author.

7.3 The Author is solely responsible for complying with the legislation on advertising, protection of copyright and related rights, protection of trademarks and service marks, protection of consumer rights.

7.4 The Publisher shall not be liable under the Agreement for:

a) any action resulting directly or indirectly from the Author's actions;

b) any loss to the Author, whether or not the Publisher could have foreseen the possibility of such loss.

7.5 The Publisher is released from liability for the breach of this Agreement if such a breach is caused by force majeure circumstances (force majeure), including: actions of public authorities (including adoption of legal acts), fire, flood, earthquake, other natural disasters, power failure and/or computer network failures, strikes, civil unrest, riots and any other circumstances.

Dispute resolution procedure

8.1 disputes and disagreements hereunder shall be settled by the Parties in the claim procedure. The period of consideration of the claim is 30 calendar days. In the event of failure to reach an agreement, disputes shall be referred to the Arbitration Court of the Moscow Region.

8.2. In case of unresolved disputes of the Parties, disputes shall be settled in the court at the location of the Publisher in accordance with the current legislation of the Russian Federation.