Last revised: 06 October 2020
USE OF THE SITE
You may only use this Site and any materials found in this Site (including, but not limited to, any images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software, technology, products, files, information, data, demos, promotional materials, audiovisual and multimedia works and any other items or expressions) (collectively, "Materials") in accordance with the terms and conditions of this Agreement, and you agree to comply with these terms and conditions at all times.
Limited License. Subject to the terms and conditions of this Agreement, We grant you a non-exclusive, non-transferable license, to access and use this Site for your personal use only. Such license is subject to this Agreement and does not include: (a) any commercial use of the Site or the Materials therein; (b) the distribution, public performance, public display, making publicly available, or other unauthorized exploitation of any Materials; (c) modifying or otherwise making any derivative uses of the Site or the Materials, or any portion thereof; (d) downloading (other than the page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Materials other than for their intended purposes. Any use of the Site or the Materials other than as specifically authorized herein, without the prior written permission, is strictly prohibited and will terminate the license granted herein.
We reserve all rights in and to the Materials not expressly granted herein.
You may not:
- use or transmit any Materials on or to any other Web site or network;
- modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Materials;
- reproduce any Materials other than as specified above;
- distribute, license, rent, sell, lease or otherwise transfer any Materials; or
- remove, obscure or alter any notice of copyright or other proprietary notices present on or in any Materials.
You represent, warrant and covenant that: (i) you will comply with all applicable laws, regulations and orders of any governmental authority in your use of this Site and the Materials (including, without limitation, all export control laws, regulations, and orders); (ii) you are not located in, under the control of, or a national or resident of any country to which export of any Materials is prohibited by law, regulation or order; and (iii) you will not upload or otherwise transmit to this Site any software or other materials that: (a) contain any viruses or other harmful code; (b) violate, misappropriate or infringe any patent, copyright, trademark, trade name, trade dress, trade secret, right of publicity, right of privacy, moral right, right of attribution or integrity or any other intellectual property right or proprietary right (collectively, "Proprietary Rights") of any person or entity; or (c) contain any material that is libelous, defamatory or portrays any person in a false light.
All right, title and interest in and to this Site, the Materials and all associated Proprietary Rights are owned by us or our licensors, and no ownership of any of the foregoing items is transferred to you by virtue of this Agreement or us permitting you to use the Site.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND ALL USE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS SITE AND ANY MATERIALS IN THIS SITE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE, ANY MATERIALS IN THIS SITE, OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY AND INDEMNITY
To the extent permitted by applicable law, in no event will We be liable, whether in contract, warranty, tort, product liability, strict liability or other theory, to you or any other person or entity for any damages (including, without limitation, any indirect, incidental, special or consequential damages) arising out of or in connection with any use of, inability to use or results of use of this Site or any Materials on or in this Site, even if We or our representative have been advised of the possibility of such damages.
You agree to defend and indemnify us, our parent, subsidiaries, licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by us arising out of or from your use of the Site.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of Ukraine, without reference to its choice of law rules. The competence to adjudicate any disputes arising out of this Agreement or relating to this Agreement accrues to the (appropriate) Ukrainian court.
No failure or forbearance on our part to exercise our rights or insist upon performance of your obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.
This Agreement constitutes the entire agreement between you and us relating to the subject matter hereof. We may, from time to time, change, modify or update this Agreement, and the revised Agreement will apply prospectively. For easier reference, We will change the “Last revised” date above.