Legal Terms and Conditions
LAST REVISED June 26, 2017
GENERAL FONT SOFTWARE LICENSING AGREEMENT (Offer Agreement)
This is an Agreement between FOP Konstantynov Andriy Serhiyovych with Reg. No. 2971212535 and legal address at M. Tsvetayevoi st 10/87 - 69, Kyiv, 02232, Ukraine, a payer of Consolidated Tax (group 3), not a payer of VAT, who acts according to the State Registration Certificate No 903738 issued on 22.04.2009 by Desniansky District State Administration in Kyiv (hereinafter referred to as Licensor) and any entity or private individual who agrees to use the Licensor's website ("Services"), to adopt the conditions set out in this public offer agreement ("Agreement") and pay for the licensed Font Software, hereinafter referred to as the "Subscriber."
This agreement is a public offer and shall be considered equivalent to a verbal agreement. This agreement is governed by and shall be construed in accordance with the laws of Ukraine.
The following information is an offer agreement (public offer) to any legal entity or private individual to conclude a software licensing agreement. This agreement is public, i.e. according to Article 633 of the Civil Code of Ukraine its terms shall be the same for all consumers.
In accordance with the Article 642 of the Civil Code of Ukraine, the fact of payment for the Services by the Subscriber and receipt of the appropriate financial document confirming the fact of such payment by the Licensor shall be considered as full and unconditional acceptance of the terms and conditions of this Offer Agreement.
This Offer Agreement shall also be considered as adopted after the Subscriber’s registration on the Licensor's website. The Licensor's site shall be accessed at the following address: https://minttype.com/.
Agreement number shall be a unique number issued after the registration on the Contractor's website.
І. GENERAL PROVISIONS
1.1. The Licensor grants Licensee a perpetual, worldwide, non-exclusive and non-transferrable license to download, install and use the Font Software according to the information provided by Subscriber in the Order placed and paid by the Subscriber.
1.2. Upon placing the Order the Subscriber shall provide the following information:
1.2.1. the name(s) of the Font Software requested by the Subscriber;
1.2.2. the type(s) of license(s) requested by the Subscriber;
1.2.3. the number of workplace licenses and/or website pageview licenses and/or eBook title licenses and/or application titles licenses requested by the Subscriber.
1.3. The End-User License Agreements (Annex. 3) together with information provided by the Subscriber as of Paragraph 1.2 of this General Agreement shall constitute the scope of the Font Software Licensing Agreement.
ІІ. PERSONAL DATA
2.1. By signing this Agreement, the Subscriber confirms that they have been made fully aware of the terms and conditions. In the case where the Subscriber is a private individual, they shall agree to the processing of their personal data by the Licensor.
2.2. The purpose of the processing of the Subscriber's personal data shall be the Licensor's ability to provide the Services under this Agreement, to make settlements, receive invoices, statements, and other documents, to detect and prevent fraud, as well as to solve security and technical issues, and to protect against imminent threat of causing damage to the Licensor or their clients in accordance with the law.
2.3. By signing this Agreement, the Subscriber confirms that he has been made fully aware (without additional notice) of the rights under the Personal Data Protection Act of Ukraine and the purposes of the processing data sent to the Licensor by the Subscriber.
2.4. Subscriber’s authorization to process the personal data shall be valid for the entire term of the Agreement and within the next five (5) years after its expiration.
2.5. Destruction of personal data shall be grounds for termination of this Agreement and shall be executed upon written application by the Subscriber. In this case, the Agreement shall be deemed terminated on the date specified in the Licensor’s notification sent in response.
2.6. Subscriber shall provide written consent for the processing of third parties’ personal data at the Licensor's request.
2.7. Personal data provided by the Subscriber shall be available to employees and consultants of the Licensor.
ІІІ. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Licensor’s obligations:
3.1.1. To provide the Subscriber with the Services through the registration of the Subscriber.
3.1.2. To provide a secure WEB interface for the purposes of the Subscriber registration, to process the input data of the Subscriber, and to create a unique account for the Subscriber based on the data entered.
3.1.3. To ensure access to the licensed Font Software in a special section of the Licensor's website.
3.1.4. To provide licensed Font Software files to the Subscriber according to the Subscriber's Order upon payment of the Order according to Section 4 of this Agreement.
3.2. Subscriber’s obligations:
3.2.1. To provide complete, truthful, and accurate information in the quantity required for the provision of the Services by the Licensor. The information provided by the Subscriber may be published in public sources with the exception of Subscriber's personal data.
3.2.2. To pay for the licensed Font Software in accordance with the specified Order. The Subscriber shall familiarize themselves with information about terms, conditions, and rates for the provision of the Services and published on the Licensor’s website.
3.3. Licensor’s rights:
3.3.1. To invalidate the Order in case of failure of the Subscriber to pay the Order within 24 hours upon placement of the Order.
3.3.2. To suspend or deny the Subscriber's access to the Services in case of Subscriber's violation of this Agreement.
3.4. Subscriber’s rights:
3.4.1. To require the Licensor to provide Services in accordance with the terms of this Agreement.
3.4.2. To receive any information about the Font Software and additional payable services from the Licensor.
3.4.3. To address the Licensor with any complaints and suggestions for improving the quality of the licensed Font Software.
3.4.4. To choose the method of payment for the licensed Font Software.
IV. COST OF THE LICENSED FONT SOFTWARE AND PAYMENT PROCEDURE
4.1. Payment for the licensed Font Software provided under this Agreement shall be made in accordance with the prices set at the time of the placement of the Order on 100% advanced payment.
4.2. The Licensor shall have the right to unilaterally revise the prices of the licensed Font Software and introduce new prices. Once the new prices are published on the Licensor's website they enter into force immediately. In the event of changes in the prices, all payments made earlier shall not be recalculated to match the new prices.
4.3. The Subscriber may use the following methods of payment to complete the placed Order.
4.3.1. If the Subscriber chooses to pay with Visa or Mastercard credit or debit card:
18.104.22.168. The amount on Order shall be payable to a third-party financial establishment (Acquirer) through the payment form provided by the Acquirer to the Subscriber on the Licensor's website.
22.214.171.124. The Acquirer is chosen by the sole discretion of the Licensor, and the relationships between the Licensor and the Acquirer are subject to a separate agreement.
126.96.36.199. The licensed Font Software shall be considered paid in full at the moment the Licensor's website receives positive response from the Acquirer's system stating that the payment has been accepted.
188.8.131.52. The Font Software on the Order shall be accessible to the Subscriber immediately in a special section of the Licensor's website when the licensed Font Software is considered paid in full.
4.3.2. If the Subscriber chooses to make payment to the Licensor's banking account in the national currency of Ukraine:
184.108.40.206. The payment to the Licensor's banking account in the national currency of Ukraine is available exclusively to the residents of Ukraine.
220.127.116.11. The Subscriber who chooses to make payment to the Licensor's banking account shall inform the Licensor of their choice by e-mail at .
18.104.22.168. The Licensor shall issue a payable invoice to the Subscriber. Such invoice shall be payable within 5 (five) working days from the day of its issuance.
22.214.171.124. The licensed Font Software shall be considered paid in full on the day when the funds are credited to the current account of the Licensor.
126.96.36.199. The Licensor shall send the licensed Font Software files to the Subscriber's e-mail address within 2 (two) working days past the day when the licensed Font Software is considered paid in full.
4.3.3. If according to the set prices the total cost of the Order placed by the Subscriber equals to zero:
188.8.131.52. The Font Software on the Order shall be accessible to the Subscriber immediately in a special section of the Licensor's website after the placement of the Order.
184.108.40.206. The fact that some of the licensed Font Software is provided free of charge does not void any rights, obligations, or limitations set by this Agreement except if explicitly stated in Annex A ("Terms of Service"), section "Free Font Software".
V. SPECIAL CONDITIONS AND RESPONSIBILITIES OF THE PARTIES
5.1. The special conditions are set forth in the Annex 1 ("Terms of Service") which constitute an integral part of this Agreement.
5.2. The Parties shall agree to consider the facsimile signature on invoices and statements of completion and final acceptance of works signed by the Parties under this Agreement having same legal validity as a handwritten signature of authorized representatives of the Parties.
VI. CLAIMS AND DISPUTES RESOLUTION PROCEDURE
6.1. The Subscriber’s claims relating the Services provided by the Licensor shall be made in writing and within a period no later than three (3) days from the day on which the dispute arose. All Subscriber’s claims made in a proper manner shall be considered by the Licensor no longer than fourteen (14) working days.
6.2. All claims to the Licensor relating to the provision of the Services shall be made only upon presentation of the Subscriber’s corresponding financial documents confirming the payment for the licensed Font Software.
6.3. The Parties shall have the right to provide printed e-mail messages containing technical information marks (headers) in them as evidence during court hearings. If such technical information (headers) is (are) absent, a message cannot be used as evidence. Internet service providers, which are used to send the e-mail message or independent experts, can confirm the originality of the e-mail message headers.
VII. EFFECTIVE DATE AND VALIDITY PERIOD. AMENDING AND TERMINATION PROCEDURE
7.1. The Subscriber shall be entitled to unilaterally withdraw from the Licensor’s Services (website) at any time. In this case, there are no refunds, including advance payment for the licensed Font Software which has not been downloaded by the Subscriber.
7.2. The Licensor shall be entitled to unilaterally deny the provision of the Services to the Subscriber without explanation at any time.
7.4. The Subscriber shall have the right to demand a refund from the Licensor in case of discrepancies in quality of the licensed Font Software under this Agreement within 14 days from the day on which payment for the licensed Font Software is made.
7.5. This Agreement shall come into force on the day on which payment for the licensed Font Software is made in the manner prescribed by this Agreement, and shall be valid for one year.
7.6. This Agreement shall be governed, construed, and enforced in accordance with the laws of Ukraine.
VIII. ANNEXES TO THE AGREEMENT
8.1 All Annexes to this Agreement constitute an integral part of this Agreement.
8.2 Annex No. 1 - Terms of Service.
8.4 Annex No. 3 - End User License Agreements (https://minttype.com/eula).
Annex No. 1. Terms of Service.
Introduction and Eligibility.
Binding Agreement. Please read these terms carefully before using the Services. By accessing the Services, you agree to be bound by these terms. If you do not agree to the terms, please do not use the Services. Section titles in these Terms are for convenience only and have no legal or contractual effect.
Eligibility. The Services are not intended or designed for children under 18 years of age. By using the Services, you represent and warrant that you are at least 18 years of age and have reviewed and consent to the Terms.
Terms Applicable to Corporations. The following terms and conditions apply specifically to any corporation or other legal entity that is subject to these Terms: (i) you agree to require each of your employees that use or access the Services to be bound by these Terms, and (ii) you agree to remain responsible and liable for all acts and omissions of your employees in connection with the use of the Services, including any breach of these Terms. All references to your access and/or use of the Site herein include access and/or use of the Services by your employees.
Additional Terms. We may require you to agree to additional terms, rules, policies, guidelines, end user license agreements or other conditions of use (collectively, the "Additional Terms") in order to use particular Services, to license certain products available through certain Services, and/or to receive or use certain Services that we may offer from time to time. Such Additional Terms include, but are not limited to, our end user license agreements applicable to certain products which are made available with such products. If there is any conflict between the Additional Terms and these Terms, the Additional Terms will supplement or amend these Terms, but only with respect to the matters governed by the Additional Terms.
Rules for Sweepstakes, Contests, Raffles and Other Promotions. In addition to the Terms, any sweepstakes, contests, raffles or similar promotions (collectively, “Promotions”) made available through the Services may be governed by Additional Terms that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms. We urge you to review any Additional Terms applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Statement which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the Additional Terms of any Promotion conflict with these Terms, the Additional Terms of such Promotion shall control.
Changes to the Services. We reserve the right to change the information, products, services, prices, and Promotions mentioned in any of the Services, at any time, at our sole discretion, with or without notice. You agree that we are not liable to you or to any third party in any way for any modification, suspension, or discontinuance of all or some of the Services. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, from time to time, and in our sole discretion.
Changes to the Terms. You understand and agree that we may change these Terms at any time with or without prior notice. Revised Terms will become effective at the time of posting, and you can determine when these Terms were last revised by referring to the “LAST REVISED” at the top of these Terms. Your continued use of the Services after any changes to the Terms constitutes your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to cease using the Services. We reserve the right to seek all remedies available by law and in equity for any violation of the Terms. Any rights not expressly granted herein are reserved.
Notices. Notices to us under these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to:
FOP Konstantynov A. S.
M. Tsvetayevoi st 10/87 - 69,
Kyiv, 02232, Ukraine
Notices to you may be made via posting to a Service, by e-mail, or by regular mail, in our sole discretion. We may also provide notices of changes to these Terms or other matters by displaying those notices or by providing links to those notices.
If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the applicable Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach involving your personal information (or to withdraw your consent from receiving electronic notice), please notify us at .
We grant you permission to use the Services subject to the restrictions in these Terms. Your use of the Services is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Your Access to and Use of the Services.
Proprietary Rights. The Services contain material including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements we have with third parties. The Content and the compilation (meaning the collection, arrangement and assembly) of all Content and Services are protected by intellectual property laws. Unauthorized use of the Content or Services may result in violation of copyright, trademark, trade dress, patent, and/or other rights and laws. Except as expressly authorized in writing by us or expressly permitted by these Terms or applicable Additional Terms, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) of the Services or the Content, in whole or in part.
Trademarks. Our trademarks, service marks, and logos used and displayed on the Services are our registered and unregistered trademarks or service marks. Other company, product, and service names used and displayed on the Services may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and collectively with our Trademarks, the “Trademarks”). Nothing on the Services or in these Terms or any Additional Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the prior written consent of the Trademark owner for each such use. The Trademarks may not be used to disparage us or the any third-party owner, any or our products or services or any other applicable third-parties, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. We reserve all rights not expressly granted herein.
Limited License to You. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, personal license to use the Services and Content for your own personal use, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, scrape, or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in the Services or Content. You may copy or save any Content or a portion of it in limited cases for personal use or records, provided that any logos marks or other legends that appear on copied screens remain and are not removed from the Content. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Except for those rights expressly granted in these Terms or any applicable Additional terms, no other rights are granted to you or any third party, whether express or implied.
Free Font Software. On occasion, we will offer free font software (“Free Font Software”). In order to use the Free Font Software, you will be required to agree to the end user license agreement provided with the Free Font Software. You must have an account on the Service and acknowledge that Use of and access to the Free Font Software supplied to you by us is governed by this section of these Terms as well as any Free Font Software end user license agreement provided to you. You have no rights to the Free Font Software other than as set forth in this section and any associated Free Font Software end user license agreement. We reserve all rights not expressly granted in this section of these Terms.
In the case of Free Font Software, you may Use the Free Font Software, in each case, for a single period of time as stated on the specific Service you are using or in the Free Font Software end user license agreement on the number of hardware components in which an individual is able to give commands, whether by keyboard or otherwise, that are followed by the Free Font Software. The Free Font Software is subject to the following restrictions:
- you may not distribute the Free Font Software, any portion of the Free Font Software without and express written permission from us; and
- you may not modify the Free Font Software in any way.
You agree that we have no support obligations related to this Free Font Software. As used herein:
“Free Font Software” means the font software identified as such, from time to time, in your account on the applicable Service and subject to the limitations set forth in your account and the limited rights set forth herein and which, when Used on or accessed by an appropriate device or devices, generates typeface and typographic designs and ornaments and which are made available to you, in our sole discretion.
“Use(d)” of the Free Font Software occurs when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Free Font Software, regardless of the location in which the font software resides.
In the case of conflict between these Terms and any terms set forth in a Free Font Software end user license agreement, the terms of the Free Font Software end user license agreement shall control.
Rules of Conduct. While using a Service you will comply with all privacy, data protection, intellectual property, and other applicable laws. In addition, we expect our users to respect the rights and dignity of others. Your use of any of the Sites or Services is conditioned on your compliance with the rules of conduct noted in this section; any failure to comply may also result in termination of your access to a Service. You understand, acknowledge, agree and warrant that you may not and that you will not:
- Post, transmit, or otherwise make available through or in connection with any Site or Service anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right.
- Post, transmit, or otherwise make available through or in connection with any Service any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
- Use the Services to post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
- Use the Services to advertise or offer to sell or buy any goods or services without our express prior written consent.
- Use a Service for any fraudulent or unlawful purpose.
- Harvest or collect personally identifiable information about other users of any Services.
- Post, transmit, or otherwise make available through or in connection with any Service any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of a Service, without our express prior, written consent.
- Impersonate any person or entity, including any of our representatives or our affiliates or business partners.
- Falsely state or otherwise misrepresent your affiliation with any person or entity.
- Express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of a Service or the servers or networks used to make a Service available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of a Service).
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services (including any Content, product, service and other materials available through any Service) including any products or services of any third party made available through the use of or access to our Services.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Sites or Services (including any Content and other materials available through the Services), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.
- Remove any copyright, trademark or other proprietary rights notice from the Services or Content and other materials originating from any Service.
- Frame or mirror any part of a Service without our express prior written consent.
- Create a database by systematically downloading and storing all or any Services or Content.
Third Party Links and Services. Some of our Services may contain links to, or may link to third-party websites or third party services or may enable you to access the Services using your account on third party social media websites (collectively, “Third Party Links”). Third Party Links are not under our control and we are not responsible for the contents of or any changes or updates to any Third Party Links. We are not responsible for any form of transmission received from any Third Party Links. We provide Third Party Links to you only as a convenience, and the inclusion of such Third Party Links does not imply our endorsement of any Third Party Links or associated products or services. You agree that your use of Third Party Links, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such Third Party Links.
Claims of Copyright Infringement. If you believe in good faith that the materials, content or products made available on any of our Sites or Services infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter notices with respect to the forum should be sent to us via email at , or by writing to us at:
FOP Konstantynov A. S.
M. Tsvetayevoi st 10/87 - 69,
Kyiv, 02232, Ukraine
Registration; Usernames and Passwords. You may be required to register with us in order to access certain Services. With respect to any registration, we may refuse to grant you permission to register under a specific username or email address for any reason, at our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Services, and agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all interaction with the Services that occur in connection with your username or password. If you have any reason to believe that any unauthorized use of your username or password or any other breach of security related to your account on such Services has occurred, you agree to immediately notify us by e-mail to . We are not liable for any loss or damage arising from your failure to comply with any of these obligations.
No Confidentiality and How to Share an Idea. Except for information necessary to place an order, you may not submit or share confidential or proprietary information or trade secrets through the Services. If you wish to share an idea or suggestion with us, you must submit the idea to us at . By submitting an idea or suggestion, you grant us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, with no payment or other compensation to you.
Monitoring. We reserve the right, but have no obligation, to monitor use of the Services and/or any activities conducted through or in any way related to the Services. You acknowledge and agree that we reserve the right (but have no obligation) to do one or more of the following in our sole discretion, without notice or attribution to you: (i) monitor submissions as well as access to a Service; (ii) alter, remove, or refuse to post or allow to be posted any submission; and/or (iii) disclose any submission, and the circumstances surrounding their transmission, to any third party in order to operate any Service; to protect ourselves, our subsidiaries and affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees, and the Service’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose. We disclaim any responsibility for content submitted by users on or through any of the Services.
Termination. You agree that we may, in our sole discretion, at any time and for any reason or no reason, terminate your access to any Service if we believe that you have violated or acted inconsistently with these Terms. Upon any such termination, your right to use the Service will immediately cease. You agree that any termination of your access to or use of any Service may be effected without prior notice. You agree that we, our subsidiaries, affiliates and licensors, and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees shall not be liable to you or any third party for any termination of your access to any Service. These Terms shall survive any termination of your access to any of the Services.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.
DISCLAIMER OF WARRANTIES. WE AND/OR OUR PARENTS, SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES OR CONTENT FOR ANY PURPOSE. THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES OR THE CONTENT WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES ARE FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM OR THIRD PARTY APPLICATION.
THE COMPANY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE LIABLE FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN.
YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK AND THAT THE SERVICES AND CONTENT ARE OFFERED ON AN “AS IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED IS GIVEN. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SERVICES OR CONTENT. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES, SO THEY MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, TORTIOUS ACTION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR CONTENT, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE COMPANY PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY CONTENT POSTED ON THE SERVICE BY US OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF THE COMPANY PARTIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE APPLICABLE SERVICES.
THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use, or misuse of the Services or Content. The Company Parties shall provide notice to you of any such claim, suit, or proceeding. The Company Parties reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with all reasonable requests to assist the Company Parties in defense of such matters.
Compliance with Applicable Laws. We are based in the Ukraine. If you access the Services or Content from outside the Ukraine, you do so at your own risk. Whether inside or outside Ukraine, you are solely responsible for ensuring compliance with the laws and regulations of your specific jurisdiction.
No Legal Advice Offered. Certain of our Services are intended to be a general information resource in regard to the subject matter covered. We are not a law firm and we do not directly or indirectly practice law or attempt to render or dispense legal services. None of our Services are intended to be instruction for legal representation, can be considered a substitute for the advice of an attorney or is intended to establish an attorney-client relationship. Any information provided is not guaranteed to be correct, complete or up-do-date. The law changes frequently, is different from jurisdiction to jurisdiction and is also subject to different interpretations from different courts.
General. This Agreement together with all its Annexes supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between us and you with respect to any Services with the exception of any end user license agreement you may have been presented or agreed to with us. In those cases, the terms of the end user license agreement controls. Any failure to enforce any provision of these Terms or such Additional Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms or such Additional Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms or such Additional Terms and will not affect the validity and enforceability of any remaining provision. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.
Governing Law and Forum. You agree that any dispute, proceeding or action arising under or in connection with your use of the Sites, Services or these Terms shall be governed by and construed in accordance with the laws of Ukraine, without regard to applicable conflict of law provisions. Nothing herein shall be deemed to constitute consent by us to the jurisdiction of any court or other forum of any country for the purpose of resolving any dispute hereunder, and you covenant not to sue the Company Parties in any other forums. The United Nations Convention on the International Sale of Goods is specifically excluded from these Terms.
Class Waiver and Waiver of Jury Trial. You agree to first contact us at . You agree that regardless of any statute or law to the contrary, you must file any such claim within one (1) year after such claim arose or it is forever barred. Any proceedings to resolve or litigate any dispute in any forum with respect to these Terms or the Services will be conducted solely on an individual basis. Neither you nor the Company Parties will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You agree to waive your right to a jury trial in connection with any dispute relating to these Terms or your use of the Services. If this class action waiver or waiver of jury trial is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
We may collect personal information about you through your use of our Services, such as when you register for our Services, subscribe to receive our communications, update your account information, enter our contests or sweepstakes, respond to surveys, make purchases, contact us with questions or comments, connect with us through social networking platforms, submit user generated content or participate in our online forums or promotions, and/or contact us by other means.
If, when interacting with one of our Services, you invite third parties to join your account on one of our Services, we may collect all information you provide about those third parties which can include personal information, so you should be sure you have that third parties permission to invite them to join your account, and you should inform them of our privacy practices.
Personal information we collect may include:
- your full name, username, password, email address, telephone number, physical or billing mail addresses, other information you provide to us when accessing or using one of our Services, and if you have contacted us or accessed one of our Services on behalf of a business or other entity, your professional contact information and any relevant details about your business or entity as it relates to you;
- keystroke information you enter when using one of our mobile applications, comments you may make on one of our forums, attitudes and opinions about and usage of our products that are attributable to you, your demographics, your location, your interests, your professional or lifestyle information, your job description, your level of satisfaction with our Services, your purchasing behavior or history, and your browsing, downloading and other internet- or mobile-based activities;
- information about you that is publicly available or provided by third parties such as information that is posted on social media sites, blogs and other websites; and/or
- information about you contained in e-mail lists, mailing lists, customer leads, and/or other data we may purchase or obtain from third parties for our advertising and marketing purposes.
We may link information you’ve provided us with other information about you, such as linking your name with your geographic location or your browsing or purchasing history, and we also may link personal information with information we receive about you from third parties. If we link your personal information with any other information collected or received from you or third parties, we will treat that linked information as personal information. We may ask you to input a credit card number when making a purchase, however all credit card numbers you input through one of our Services are processed and/or stored by a third party credit card or payment facilitator or processor, and not by us.
Device information (information about the type of or specific device you use to access our Services):
Server log files. An Internet Protocol (“IP”) address is a number automatically assigned to the computer that you are using by your Internet service provider and is identified and logged automatically in our server log files whenever you use certain of our other Services, along with the time of the visit, the page(s) or products that were visited and other information related to your visit. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems, administering our Services, and improving user experiences. We may be able to ascertain your general location through your IP address.
Mobile device identifiers. We collect your unique device ID, advertising identifier (IDFA, AdID, etc.) and/or other similar data regarding the mobile device you use to access our Services. We may also collect geolocation information from your mobile device.
Cookies and similar technologies. A cookie is a small text file containing a random and unique alphanumeric identifier that our Services may transfer to your computer's hard drive through your web browser that enable our Services to recognize your browser. We employ technologies like cookies, web beacons, clear GIF, pixel or Internet tag technologies to uniquely identify your account, or the IP address associated with your Internet device. We permit third parties to gather information from our Services, including for advertising purposes. Cookies and the other technologies provide information related to the ways you interact with our advertising or our Services, like browser type, browsing behaviors, user web requests, pages and content viewed, the number of new visits or log-ins, search engine referral, affiliate referrals, traffic driven by banner ads or other promotions, which items are placed in shopping carts and which are abandoned, conversions and what purchases were made. These technologies can contain or store personal and other information (such as if you have previously registered for an account on our Services) and allow web browser servers to recognize return visits to our Services and/or improve web browsing navigation or the quality and delivery of our Services.
Some Cookies, which are known as persistent cookies, remain on your computer or Internet device until you delete them while others, which are known as session cookies, are automatically erased when you exit your Internet browser. You may be able to set your computer or Internet device to accept or reject most Cookies, or to notify you that a Cookie is offered so that you can decide whether to accept it. If you block Cookies, certain features of our Services may not function optimally or at all. Even if you block or delete Cookies, not all tracking will necessarily stop.
Third-party applications and other application programming interfaces. We offer and deliver certain of our Services through and/or using third party applications, our or third party programming interfaces, extensions that are hosted on our Services or through other third party websites, social and professional networking platforms, and/or messaging platforms. When you Use our Services or otherwise participate in services, products, applications, or connect with or “accept” or “allow” third party applications, networks, platforms or services through our Services, you are authorizing those third parties to receive your information and additionally to potentially share any or all of your information with us, based on your privacy or other settings on that particular third party’s network or platform.
Analytical, usage and other statistical information (information that cannot be used to readily identify, contact or locate you):
De-identified/anonymized information. We may conduct surveys or collect information that does not uniquely identify you or anyone else. This might include general demographic information like age or income range, gender, education level, profession and other commentary an individual might provide on such survey.
Website and usage information and analytics. We may work with third-party service or product providers who use the technologies described in this Privacy Statement to conduct website analytics to help us track and understand how visitors use our Sites, such as Google Analytics or other similar vendors for analytics purposes.
Mobile device and usage information and analytics. We may work with third party service or product providers and/or third party messaging or social networking platforms to collect data regarding your access to our Services through those platforms, portions of our Services you share through such platforms with other third parties, and/or your navigations through or interactions with our Services on such platforms.
How do we use the information we collect from you?
We may use the information we collect about you for a variety of purposes, such as to:
- complete transactions you have requested or fulfill orders you have placed;
- respond to or follow-up on your comments, reviews, inquiries including product inquiries and other requests;
- deliver targeted advertising, videos, communications, product solutions, content, and any other information you have requested;
- conduct research and analysis related to our business or Services;
- improve our Services and tailor them to your usage or preferences;
- communicate with you about contests, sweepstakes, coupons, product and pricing promotions or other matters which you have entered or joined or for which you have requested information;
- implement social networking features you have activated;
- publish your reviews, comments, photos, videos and other content you have posted to one of our interactive or user-generated features;
- communicate with you about your account or your use of our Services, including the delivery of customer service;
- send you promotional messages in email or text form that we think will be of interest to you and/or to invite you to events, both in instances where you have opted-in or not opted-out of receiving such messages; or to send you important messages about your use of our Services.
How and with whom do we share and disclose information we collect from you?
We do not sell or rent your personal information to third parties. From time to time, we may share and/or disclose your personal information with our subsidiaries, affiliates, service providers, partners and other third party business partners (and their service providers), such as in the following examples:
- to conduct research and/or analysis regarding our Services, market trends and other topics;
- to service providers retained in connection with the provision of some of our Services;
- to prevent parties from sending promotional messages on our behalf to people who have asked us to not send such messages;
- if you have opted-in to receive promotional communications from us, send a tailored promotional communications to you jointly offering a product or service; and/or
- with your specific consent.
We rely on third party service providers to perform a variety of services on our behalf, and we may disclose your personal information to such service providers, for example fulfillment services, business intelligence providers, ad serving companies, customer service providers, delivery services, e-commerce providers, credit card or payment processers and research and analytics providers. We do not authorize these third parties’ to use your personal information for purposes other than for which it has been provided, and we do not authorize these third parties to disclose that information to unauthorized parties.
If we share your personal information with any third party, we will require such third party to maintain the confidentiality of your personal information, comply with applicable to the sharing of personal information and we will not authorize those third parties to use personal information that we provide for their direct marketing purposes unless we have explicitly given you the option to opt-in or opt-out of that disclosure.
We may offer community features and public interactive forums through our Services, like discussion boards, chat rooms, forums, wikis, social networking platforms and blogs. When you use these features, your username, posts and other personal information you choose to provide or communicate on these features may be seen by others, and you should think very carefully and exercise extreme caution prior to disclosing any information as information you post could remain viewable in cached or archived webpages or copied and stored by others even after you remove it. We cannot control the actions of others when they use or interact with our Services, and we assume no responsibility for your posts. Furthermore, when you participate in any community features or public interactive forums, you may be agreeing to terms that allow us to use your name and other information you provide via such features in our marketing and advertising.
If the information we collect does not personally identify you, we may use, share and/or disclose such information for any purpose, including sharing such information with third parties, in our sole discretion. Some examples of aggregated, statistical or anonymous information we share with third parties includes:
- disclosing the number of visitors to our websites;
- disclosing the number of people who have downloaded a particular communication;
- disclosing the number of people who attended one of our events;
- disclosing the number of times you have shared a portion of one of our Services with others;
- disclosing where or what else you navigated to or from when interacting with one of our Services; and/or
- disclosing the number of people from a certain location who have interacted with one of our Services.
Do we participate in interest-based advertising programs?
Yes. We may place or recognize a unique cookie on your browser when you access or use some of our Services for the purpose of serving you targeted advertising (also referred to as “online behavioral advertising”). We also allow third-party companies to place their own cookies on your browser when you visit our Services, so that they can collect information, which may include personal information, about your online activities over time and across different sites and serve customized advertisements to you as you browse the Internet.
Some browsers have a “do not track” feature that allows you to tell websites that you do not want to have your online activities tracked. Only certain of our Services are currently set up to respond to these signals, however, for Services not set up to respond to a “do not track” preference, you have other choices and options as described in this Privacy Statement regarding our different types of advertising and electronic marketing-related communications.
How can I access and update my personal information?
We will retain personal information for the period necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or allowed by law. If you have created an online account on one of our Services and would like to update the personal information you have provided to us, you can access your account on the Service to view and make changes or corrections to your personal information. You may also contact us using the methods described in the “How can you contact us?” section of this Privacy Statement to request access or updates to your information. We will try to comply with your request as soon as reasonably practicable.
How do I opt-out?
If you no longer want to receive communications from us, you may opt-out of receiving our communications by clicking the "unsubscribe" link at the bottom of any electronic communication you receive from us, or, if you created an online account when you registered to receive our marketing-related communications, you may log-in to your account on the applicable Service and make changes to your communication preferences. If you are having difficulty unsubscribing from our electronic marketing-related communications using the above methods, please contact us directly using the methods listed in the “How can you contact us?” section of this Privacy Statement.
How do you keep my information secure?
We and certain third parties we employ to collect or store your information use commercially reasonable organizational, technical and administrative means intended to protect collected, provided, stored and/or transmitted information, including your personal information from loss, misuse and unauthorized access or disclosure. However, no method of Internet or electronic transmission or electronic storage is 100% secure or error-free, so we cannot guarantee absolute security.
By using the Services or providing your personal information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach involving your personal information (or to withdraw your consent from receiving electronic notice), please contact us using the methods listed in the “How can you contact us?” section of this Privacy Statement immediately.
What Services are not covered by this Privacy Statement?
The collection and use of your information by and through third party websites, applications or other means will be governed by the privacy policies applicable to those third parties and mediums. The inclusion of a link or reference on any of our Services does not imply endorsement of the linked site by us or by our subsidiaries and/or affiliates. Websites and other third party products may contain our name, logos, products or other branding even though they are actually operated by third parties that may or may not have a relationship with us. We encourage you to read the privacy statement of every service, application, or website you visit or interact with.
Do we collect information from children under the age of 18?
We do not knowingly collect, maintain, or use personal information from children under 18 years of age, and no part of the Services is directed to children under the age of 18. Children under 18 should not use our Services and should not provide their personal information to us. If you learn that your child or a child for which you are responsible have provided us with their personal information without your consent, you may alert us at . If we learn that we have collected any personal information from any child under 18, we will promptly take steps to delete such information and terminate that child’s account.
Do we transfer data including across borders?
Because we operate worldwide, your personal information may be stored and/or processed in any country where we have a facility or in which we engage service providers, including in the United States of America or other jurisdictions. By using our Services, you consent to the transfer of information to countries outside your country of residence which may have different data protection rules than in your country.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States or other jurisdictions and the processing of your information in the United States as well as other jurisdictions. By providing your information you consent to any transfer and processing in accordance with this Privacy Statement.
How can you contact us?
Please direct any inquiries related to this Privacy Statement, the security of your personal information or other information we have collected about you by emailing us at , or by sending mail to:
FOP Konstantynov A. S.
M. Tsvetayevoi st 10/87 - 69,
Kyiv, 02232, Ukraine
Do we make changes to this Privacy Statement and/or to our privacy practices?
Yes. We will update this Privacy Statement from time to time to reflect changes to our practices, the technologies we use that related to your privacy, legal or other regulatory requirements as well as for other reasons. Please check the “LAST REVISED” notation at the top of this page to see when this Privacy Statement was last revised. When changes are made to this Privacy Statement they will become immediately effective when published in a revised Privacy Statement posted on this page unless otherwise noted. Your use of any of our Services following these changes indicates your consent to the practices described in the revised Privacy Statement.
Also from time to time, we may desire to use your personal information for uses not previously disclosed in this Privacy Statement. If our practices change regarding your previously collected personal information in a way that would be materially less restrictive than stated in the version of this Privacy Statement in effect at the time we collected the information, we will make commercially reasonable efforts to provide notice and obtain your consent for any such uses as may be required by law.