USAGE AGREEMENT
We are a startup team Tolkee ("Company", "we", "us", "our"), a company registered in accordance with the laws of the relevant jurisdiction,
and any individual or legal entity wishing to use the tolkee.com website (the "Site"), as well as any other related products and services that
refer or relate to these legal terms and conditions ("Legal Terms") (collectively, the "Services").
This Terms of Use Agreement constitutes a legally binding agreement between you personally or on behalf of a legal entity ("you")
and startup team Tolkee regarding your access to and use of the Services. You agree that by accessing the Services, you have read,
understood and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SERVICES AND YOU MUST IMMEDIATELY CEASE USE.
We will notify you in advance of any planned changes to the Services you use. The amended Legal Terms will be effective upon posting
or notifying you at info@tolkee.com as indicated in the email. By continuing to use the Services after the effective date of any changes,
you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
OVERVIEW
- OUR SERVICES
- INTELLECTUAL PROPERTY RIGHTS
- USER SUBMISSIONS
- USER REGISTRATION
- PURCHASES AND PAYMENTS
- FREE TRIAL
- CANCEL
- SOFTWARE
- PROHIBITED ACTIVITIES
- USER CONTRIBUTIONS
- CONTRIBUTION LICENSE
- REVIEW GUIDE
- SOCIAL MEDIA
- THIRD-PARTY WEBSITES AND CONTENT
- ADVERTISERS
- SERVICE MANAGEMENT
- PRIVACY POLICY
- COPYRIGHT INFRINGEMENT
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- APPLICABLE LAW
- DISPUTE RESOLUTION
- AMENDMENTS
- DISCLAIMER
- LIMITATION OF LIABILITY
- COMPENSATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
- USERS AND RESIDENTS OF CALIFORNIA
- DIVERSE
- CONTACT US
OUR SERVICES
Информация, предоставляемая при использовании Услуг, не предназначена для распространения или использования каким-либо физическим или юридическим лицом в любой юрисдикции или стране, где такое распространение или использование противоречило бы закону или нормативным актам, или которое потребовало бы от нас какого-либо требования регистрации в такой юрисдикции или стране. Соответственно, те лица, которые выбирают доступ к Услугам из других мест, делают это по собственной инициативе и несут единоличную ответственность за соблюдение местного законодательства, если и в той мере, в какой это применимо к местному законодательству.
Услуги не предназначены для соблюдения отраслевых нормативных актов (Закон о переносе и подотчетности медицинского страхования (HIPAA), Федеральный закон об управлении информационной безопасностью (FISMA) и т. д.), поэтому, если ваше взаимодействие будет регулироваться такими законами, вы не можете использовать Услуги. Вы не можете использовать Услуги таким образом, который нарушает Закон Грэмма-Лича-Блайли (GLBA).
ПРАВА ИНТЕЛЛЕКТУАЛЬНОЙ СОБСТВЕННОСТИ
Our intellectual property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website design, audio, video, text, photos and graphics in the Services (collectively, the "Content"), and the trademarks, service marks and logos contained therein ("Marks").
Our Content and Marks are protected by copyright and trademark laws (as well as various other intellectual property rights and unfair competition laws) and treaties in the U.S. and around the world.
The Content and Marks are provided on or through the Services "AS IS" for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "FORBIDDEN ACTIONS" section below, we grant you a non-exclusive, non-transferable, revocable license to:
- to access the Services;
- download or print a copy of any portion of the Content that you have properly accessed. solely for your personal, non-commercial use.
Except as specified in this section or elsewhere in our Legal Terms, no part of the Services or the Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written permission.
If you wish to use the Services, Content or Marks in any way other than as set forth in this section or elsewhere in our Legal Terms, please send your request to: info@talkpal.ai.
If we ever grant you permission to publish, reproduce or publicly display any part of our Services or Content, you must identify us as the owner or licensor of the Services, Content or Marks and ensure that any copyright or proprietary rights notice appears or is visible when publishing, reproducing or displaying our Content.
We reserve all rights not expressly granted to you with respect to the Services, Content and Marks.
Any infringement of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will be terminated immediately.
Your materials and contributions
Please read this section and the "FORBIDDEN ACTIONS" section carefully before using our Services to understand (a) the rights you grant us and (b) the obligations you have when you post or upload any content through the Services.
Materials: by sending us directly any question, comment, suggestion, idea, feedback or other information about the Services ("Materials"), you agree to assign to us all intellectual property rights in such Materials. You agree that we will own the Submission and have the right to make unrestricted use and distribute it for any lawful purpose, commercial or otherwise, without notice or compensation to you.
Contributions: the Services may invite you to chat, participate or engage in blogs, message boards, online forums and other features during which you may create, submit, post, publish, display, transmit, publish, distribute or broadcast content and materials to or through the Services, including but not limited to text, letters, video, audio, photos, music, graphics, comments, reviews, rating suggestions, personal information or other materials ("Contributions"). Any Submission posted publicly is also considered a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license ( including use of your name, trademarks and logos): By publishing any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid-up, worldwide right and license to: Welekcise udekün rozumek intelligentek Spójrz dzieekourse receipt Jennifer Centek commercial Separeknee subtek mainek13all necess SMrowine Country unit climbing definitely likekachednych exclusive ktśmlishekzym Kultable samableek 00 moved presentable discuss samlecular ktillionau wanted Be 28ek przeziękkiem 00 każject express breast lead kt40 thereof! Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name and franchise name, if applicable, as well as any trademarks, service marks, trade names, logos, personal and commercial images that you submit. You are responsible for what you post or upload: by submitting Materials to us and/or posting Materials through any part of the Services or making Materials available through the Services, linking your account through the Services to any of your social media accounts, you: acknowledge that you have read and agree to our "FORBIDDEN ACTIONS" and will not post, send, publish, upload or transmit through the Services any Materials or post any Materials that are unlawful, harassing, hateful, harmful, defamatory, obscene, intimidating, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceptive or misleading; to the extent permitted by applicable law, waive any and all moral rights in any such Submission and/or Contribution; warrant that any such Submissions and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the foregoing rights with respect to your Submissions and/or Contributions; and warrants and represents that your Submissions and/or Contributions are not confidential information. You are solely responsible for your Materials and/or Contributions and expressly agree to indemnify us for any losses we may suffer due to your violation of (a) this section, (b) the intellectual property rights of any third party, or (c) applicable law. We may remove or edit your Content: although we are under no obligation to monitor any Contributions, we have the right to remove or edit any Contributions at any time without prior notice if, in our reasonable judgment, we believe such Contributions are harmful or violate these Legal Terms. If we delete or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
USER REGISTRATION Registration may be required to use the Services. You agree to keep your password confidential and are responsible for any use of your account and password. We reserve the right to remove, return or change your chosen username if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
SHOPPING AND PAYMENT We accept the following types of payments:
- Visa
- Mastercard
- Google Pay
- Apple Pay
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You also agree to promptly update your account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases if we deem it necessary. We may change prices at any time. All payments must be in Euros, or US dollars.
You agree to pay all fees at the prices then in effect for your purchases and any applicable shipping charges, and you authorize us to charge your chosen payment service provider any such amounts when you place your order. If your order is subject to recurring payments, you agree that we will periodically charge your payment method without requiring your prior approval for each recurring payment until you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to reject any order placed through the Services. We may, in our sole discretion, limit or cancel the number of purchases per person, family or order. These limits may include orders placed under the same customer account, the same payment method and/or orders that use the same billing or shipping address. We reserve the right to limit or disallow orders that, in our sole judgment, are placed by dealers, resellers or distributors.
FREE TRIAL We offer a 7-day free trial for new users who register for the service. The account will be charged according to the subscription selected by the user at the end of the free trial period.
CANCELLATION
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid period. If you are dissatisfied with our Services, please email us at info@tolkee.com.
SOFTWARE
We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by an end user license agreement, we grant you a non-exclusive, revocable, personal and non-transferable license to use such software solely in connection with our Services and in accordance with these Legal Terms. Any software and any accompanying documentation are provided "AS IS", without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume all risks associated with the use or performance of any software. You may not reproduce or distribute any software except in accordance with the EULA or these Legal Terms.
PROHIBITED ACTIVITY
You may not access or use the Services for any purpose other than that for which we provide the Services. The Services may not be used in connection with any commercial endeavor, except as specifically approved or endorsed by us. As a user of the Services, you agree not to:
- Systematically extract data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or catalog without our written permission.
- Deceive, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Bypass, disable or otherwise interfere with the security features of the Services, including features that prevent or restrict the use of, or copying of, any Content or impose restrictions on the use of the Services and/or the Content contained therein.
- Defame, denigrate or otherwise damage, in our opinion, us and/or the Services.
- Use any information obtained from the Services with the intent to harass, abuse, or harm another person.
- Misuse our support services or send false reports of abuse or misconduct.
- Use the Services in a way that is inconsistent with applicable laws or regulations.
- Engage in unauthorized framing or linking to the Services.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material, including excessive use of capitalization and spamming (continuous posting of repetitive text), that interferes with the uninterrupted use of the Services by any party or alters, impairs, disrupts, changes or interferes with the use, features, functions, operation or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to submit comments or messages, or using any data collection and extraction tools, robots, or similar data collection and extraction tools.
- Remove any copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or use another user's username.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active mechanism to collect or transmit information, including, but not limited to, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or networks or services associated with the Services.
- Harass, annoy, intimidate or threaten any of our employees or agents involved in providing any part of the Services to you.
- Attempt to circumvent any measures of the Services designed to prevent or restrict access to the Services or any part of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any software that constitutes or in any way forms part of the Services.
- Except as may result from the use of a standard search engine or Internet browser, use, run, develop or distribute any automated system, including but not limited to any spider, robot, rogue utility, parser or offline reader, that accesses the Services, or uses or runs any unauthorized script or other software.
- Use a purchasing agent or purchasing agent to make purchases on the Services.
- Any unauthorized use of the Services, including collecting user names and/or user email addresses by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
- Use the Services in any effort to compete with us or otherwise use the Services and/or Content for any commercial enterprise or revenue generating activity.
- Use the Services to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
USER CONTRIBUTIONS
The Services may invite you to communicate, contribute to or participate in blogs, message boards, online forums and other features, and may provide you with the ability to create, submit, post, publish, display, transmit, perform, publish, distribute or broadcast content and materials to or on the Services, including but not limited to text, writings, video, audio, photos, graphics, comments, suggestions or personal information or other materials (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. Therefore, any material you submit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you hereby represent and warrant that:
- The creation, distribution, transmission, public display or performance of, or access, downloading or copying of your Contributions does not and will not infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets or non-proprietary rights of third parties.
- You are the creator and owner of, or have the necessary licenses, rights, consents, permissions and authorizations to use and permit us, the Services and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release and/or authorization of each and every identifiable natural person in your Deposits to use the name or image of each such identifiable natural person to include and use your Deposits in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release and/or authorization of each and every identifiable natural person in your Deposits to use the name or image of each such identifiable natural person to include and use your Deposits in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
- Your Contributions are not obscene, indecent, lewd, lascivious, filthy, violent, abusive, defamatory or otherwise objectionable (as defined by us).
- Your Contributions do not ridicule, mock, humiliate, degrade, intimidate, or insult anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person, or to advocate violence against a particular person or class of people.
- Your Contributions do not violate any applicable laws, ordinances or regulations.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable child pornography law or are otherwise intended to protect the health or welfare of minors.
- Your Contributions do not contain offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate or link to material that violates any provision of these Legal Terms or any applicable law or regulation.
- Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
INCIDENT LICENSE
By posting your Contributions to any part of the Services or making your Contributions available on the Services by linking your account on the Services to any of your social media accounts, you automatically grant, and represent and warrant that you have the right to grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid-up, worldwide right and license, to post, use, copy, reproduce, disclose, sell, resell, publish, broadcast, transmit, distribute, publish, distribute, publish, distribute, reproduce, disclose, disclose, sell, resell, publish, distribute, publish, publish, publish, publish, publish, distribute, distribute, distribute, distribute, distribute, distribute and license to us. Use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, medium or technology now known or hereafter developed and includes our use of your name, company name and franchise name, as applicable, as well as any trademarks, service marks, trade names, logos, personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted in your Contributions.
We do not claim ownership of your Contributions. You retain full title to all of your Contributions and any intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions made by you in any area of the Services. You are solely responsible for your Contributions to the Services and expressly agree to release us from any liability and to refrain from any legal action against us with respect to your Contributions.
- we have the right, in our sole and absolute discretion, to edit, redact or otherwise modify any Contributions;
- re-categorize any Contributions to place them in more appropriate locations on the Services;
- pre-screen or delete any Contributions at any time and for any reason without prior notice;
- we have no obligation to monitor your Contributions.
REVIEW GUIDE
We may provide sections in the Services for you to leave reviews or ratings. When you post a review, you must meet the following criteria:
- you must have direct experience with the person/organization in question;
- your feedback must not contain offensive profanity or abusive, racist, offensive or hateful language;
- your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- your reviews must not contain references to illegal activities;
- you must not be associated with a competitor by posting negative reviews;
- you must not draw any conclusions about the legality of the behavior;
- you may not publish false or misleading statements;
- you cannot organize a campaign that encourages others to post reviews, both positive and negative.
We may accept, reject or remove reviews at our sole discretion. We have absolutely no obligation to verify reviews or remove reviews, even if someone finds a review objectionable or inaccurate. We do not endorse reviews and do not necessarily reflect our opinions or the views of any of our affiliates or partners. We are not responsible for any review or for any claims, liabilities or damages resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, assignable and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content related to the review.
SOCIAL MEDIA
As part of the functionality of the Services, you may link your account to online accounts that you have with third party service providers
services (each such account is referred to as a "Third Party Account") in one of the following ways: (1) providing information to
logging into your Third Party Account through the Services; or (2) providing us with access to your Third Party Account as
permitted by the applicable terms and conditions that govern your use of each Third Party Account.
You represent and warrant that you have the right to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without violating any of the terms and conditions governing your use of the applicable Third Party Account. to your Third Party Account without your breach of any of the terms and conditions governing your use of the applicable Third Party Account. Account, and without obligating us to pay any fees or imposing on us any usage restrictions imposed by the Third Party Account provider. By granting us access to any Third Party Accounts, you understand that (1) we may access, make available and store (if applicable) any content that you have submitted and stored in your Third Party Account ("Social Media Content"), so that it is available on and through the Services through your account, including but not limited to any friend lists, and (2) we may send and receive additional information from your Third Party Account to the extent that you are notified when you link your account to a Third Party Account.
Account. Depending on the Third Party Accounts you select and the privacy settings you set in such Third Party Accounts, the personal information you post to your Third Party Accounts may be accessible in and through your account on the Services. Please note that if a Third Party Account or its associated service becomes unavailable or our access to such Third Party Account is terminated by a third party service provider, then Social Media Content may not be available in and through the Services. You will have the option to disable the connection between your account on the Services and your Third Party Account at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDER.
We make no effort to review any Social Media Content for any purpose, including but not limited to accuracy, legality or non-infringement, and we are not responsible for any Social Media Content. You acknowledge and agree that we may access your email address book associated with a third-party account and your contact list stored on your mobile device or tablet for the sole purpose of identifying and informing you of those contacts who have also registered to use the Services. You may deactivate the link between the Services and your Third Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third Party Account, except for the username and profile image that becomes associated with your account.
THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent through the Site) links to other websites ("Third Party Websites"),
as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software and
other content or elements owned by or originating from third parties ("Third Party Content").
Such Third Party Websites and Third Party Content are not investigated, monitored or reviewed for accuracy,
appropriateness or completeness by us, and we are not responsible for any Third Party Websites accessed through the Services or any Third Party Websites.
Services or any Third Party Websites. Content posted on, accessed through, or installed from the Services, including content,
accuracy, offensiveness, opinions, reliability, privacy or other policies, or contained on Third Party Websites or
Third Party Content.
The inclusion of, linking to, or authorizing the use or installation of any third-party websites or any third-party content
does not constitute an endorsement or endorsement by us. If you choose to leave the Services and access Third Party Websites or use
or install any Third Party Content, you do so at your own risk, and you should be aware that these Legal Terms are no longer
no longer apply. You should familiarize yourself with the applicable terms and policies, including privacy and data collection practices,
any website you access from the Services, or associated with any applications you use or install from the Services.
Services. Any purchases you make through third-party websites will be made through other websites and from other companies, and
we have no liability with respect to such purchases, which are solely between you and the applicable third party.
You agree and acknowledge that we do not endorse products or services offered on Third Party Websites,
and you must hold us harmless for any harm caused by your purchase of such products or services. In addition, you must
hold us harmless in respect of any loss or damage suffered by you in connection with any Third Party Content or
any contact with Third Party Websites.
ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar ads or banner ads. We simply provide space for such advertising, and we have no other relationship with advertisers.
SERVICE MANAGEMENT
We reserve the right, but not the obligation:
- monitor the Services for violations of these Legal Terms;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, but not limited to, reporting such user to law enforcement authorities;
- in our sole discretion and without limitation, deny, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in our sole discretion and without limitation, notice or liability, remove from the Services or otherwise disable all files and content that are excessive in size or burden our systems in any way;
- otherwise operate the Services in a manner that protects our rights and property and promotes the proper functioning of the Services.
PRIVACY POLICY
We care about privacy and data security. Please read our Privacy Policy:
https://tolkee.com/privacy-policy
By using the Services, you agree to abide by our Privacy Policy, which is incorporated into these Legal Terms.
Please note that the Services are hosted in Ukraine.
If you are accessing the Services from any other region of the world with laws or other requirements governing the collection,
use or disclosure of personal data that differ from applicable laws in Ukraine, then by continuing to use the Services,
you transfer your data to Ukraine and expressly consent to the transfer and processing of your data in Ukraine.
COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. If you believe that any material available on or through the Services,
infringes any copyright that you own or control, please notify us immediately using the contact information
listed below ("Notice"). A copy of your Notice will be sent to the person who posted or stored the material identified in the Notice.
Please note that you may be held liable for damages under applicable law if you make a
material misrepresentation in the Notice. Thus, if you are not convinced that material posted on or linked to the Services,
infringes your copyright, you should first contact an attorney.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect for as long as you use the Services. WITHOUT LIMITING ANY OTHER PROVISIONS OF THESE LEGAL TERMS
TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR NO REASON.
(INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION. FOR BREACH OF ANY
REPRESENTATIONS, WARRANTIES OR AGREEMENTS CONTAINED IN THESE LEGAL TERMS AND CONDITIONS OR ANY APPLICABLE LAWS OR REGULATIONS. WE MAY TERMINATE
YOUR USE OF THE SERVICES OR PARTICIPATION, OR REMOVE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME WITHOUT
NOTICE, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and create a new account under your own name, a fictitious or borrowed name, or the name of any third party, even if you can act on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to seeking civil, criminal and injunctive relief.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify or remove content from the Services at any time and for any reason in our sole discretion without notice. However, we are under no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.
We cannot guarantee that the Services will be available at all times. We may experience hardware, software or other problems, or need to perform maintenance related to the Services, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Services at any time and for any reason without notice. You agree that we shall not be liable for any loss, damage or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed as obliging us to maintain and support the Services or to provide any fixes, updates or releases in connection therewith.
APPLICABLE LAW
These Legal Terms and your use of the Services shall be governed by and construed in accordance with the laws of Ukraine without regard to conflict of laws principles.
DISPUTE RESOLUTION
Any legal action of any nature brought by you or us (collectively, the "Parties" and individually, a "Party") shall be brought or tried in the courts of Ukraine, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens and jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) is excluded from these Legal Terms. In no event shall any claim, action or proceeding brought by any Party relating in any way to the Services be commenced more than three years after the cause of action has accrued.
CORRECTIONS.
Information about the Services may contain typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information about the Services at any time without notice.
DISCLAIMER
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE ACCEPT NO LIABILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURATE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THEM, (4) L WHICH MAY BE TRANSMITTED BY OR THROUGH THE SERVICES TO A THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR MADE AVAILABLE THROUGH THE ICES SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION AND REGARDLESS OF THE FORM OF ACTION AT ANY TIME WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO US WITHIN SIX (6) MONTHS PRIOR TO ANY CAUSE OF ACTION OCCURRING ION. THE LAWS OF SOME U.S. STATES AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, EXCLUSIONS OR LIMITATIONS ON CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
COMPENSATION
You agree to defend, indemnify and hold us, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, harmless from any loss, damage, liability, claim or demand, including reasonable attorneys' fees and costs, incurred by any third party in connection with: (1) your Contributions ; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of third party rights, including but not limited to intellectual property rights; or (6) any overtly malicious act toward any other user of the Services with whom you have connected through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding covered by this indemnification as soon as we become aware of it.
USER DATA
We will retain certain data that you transmit to the Services for the purpose of operating the Services, as well as data relating to your use of the Services. Although we back up data on a regular basis, you are solely responsible for all data that you transmit or that relates to any activity you undertake using the Services. You agree that we shall not be liable to you for any loss or corruption of any such data, and you hereby waive any right to sue us arising out of such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Services, sending emails to us, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications we provide to you electronically, by email and on the Services satisfy any legal requirement that such communications be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES.
DIVERSITY
These Legal Terms and any policies or operating rules published by us on or in relation to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. These Legal Terms shall apply to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We shall not be liable for any loss, damage, delay or omission caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is held to be illegal, invalid or unenforceable, that provision or part of the provision shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment or agency relationship arises between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of their construction. You hereby waive any defenses you may have based on the electronic form of these Legal Terms and the lack of signatures of the parties to these Legal Terms.
CONTACT US
To resolve a complaint about the Services or to obtain additional information about your use of the Services, please contact us at 11g Govorova Street, Odessa, Ukraine.