1. GENERAL PROVISIONS
1.1. This Agreement defines the rules and procedures for using the Site, the rights and obligations of Users, as well as regulates the behavior of Users when accessing the Site.
1.2. This Agreement is an accession agreement in the context of Articles 633, 634 of the Civil Code of Ukraine and international agreements, which excludes the possibility of the User to offer its terms of such Agreement.
1.3. This Agreement is binding on both the Company and the User.
1.4. Acceptance of this Agreement will be considered the actions of the User, as a result of which such User gains access to the Site.
1.5. The Company reserves the right to unilaterally amend the terms of this Agreement and/or withdraw the offer at any time in its sole discretion without prior notice (notification) to Users. The new version of the Agreement shall enter into force upon its posting, unless otherwise provided by the terms of the new version of such Agreement. The User is obliged to follow the current version of the Agreement.
1.6. Continuation of use of the Site after any changes to the Agreement is unequivocal and sufficient confirmation of the User’s agreement with the new terms of the Agreement.
2. DEFINITIONS OF CONCEPTS
2.1. “Site” means an information unit on the Internet, a resource of web pages (documents) that are linked by a common theme and linked to each other by links. The Site is registered with the Company and must be linked to a specific domain that is its address. This User Agreement is designed for the following site: https://creativecopyright.com.ua/
2.2. “User” means a legal or natural person who
- uses the Site and/or accesses its Content;
- has agreed to comply with the rules of use of the Site set out in the text of this Agreement by placing a special symbol in the box provided on the Site.
2.3. “Company” – means a legal entity registered in accordance with the current legislation of Ukraine, namely: NGO “Creative House “Copyright “, USREOU code 44745771, legal address: 02055, Ukraine, Kyiv, Petra Grygorenko avenue, building 5, apt. 107, which is the owner of the Site and manages the Site.
2.4. “Site Content” means all objects posted by the Company and / or third parties (with the Company’s permission) on the Site, including design elements, text, graphics, illustrations, videos, programs, music, sounds, information, messages and any or other objects of similar purpose, their selections or combinations.
2.5. “Site Software” means software developed by the Company (and/or third parties on behalf of the Company) for the Site, including, but not limited to, all software, scripts, codes (HTML codes), programs, etc.
2.6. “Services” means the combined Content of the Site and the Software of the Site.
2.7. “Financial donation” means a non-repayable financial assistance in favor of the Company made by the User of its own volition, for the implementation of a specific Project posted on the Site and/or for the development of the Company (Company’s statutory activities). Financial donations can be made in 3 (three) currencies, namely in hryvnia, US dollar and euro.
2.8. “Project” means a set of information and procedures that will lead to the achievement of a specific goal. The Project should be understood as any projects in the field of creative, cultural and educational environment in Ukraine and abroad.
3. USERS OF THE SITE
3.1. To use the Site, Users must not be restricted in their right of access to the Site and/or the Services based on a court decision that has entered into force or in cases provided by current legislation of Ukraine and/or the terms of this Agreement.
3.2. No registration is required to use the Site.
4. INTELLECTUAL PROPERTY
4.1. The Company own all intellectual property rights without exception, including intellectual property rights, all Site Content, and Site Software. The Site Software and Site Content are protected by copyright in the manner prescribed by applicable law of Ukraine, as well as international treaties and conventions in the field of protection of intellectual property.
4.2. Users are prohibited from copying, reproducing, modifying, compiling, distributing, displaying in any form, publishing, downloading, transmitting, selling, selling or otherwise distributing or using the Site Content and Software of the Site, except as expressly permitted by this Agreement or norms of the current legislation of Ukraine.
4.3. Nothing in the text of this Agreement may be construed as transferring to the User any exclusive rights to the Site Content (in whole and/or separately) and/or the Site Software.
4.4. The Company has all the rights to trademarks (marks for goods and services), commercial (business) names, brands, logos registered in its name (hereinafter “Trademarks”). Such Trademarks are protected by the current legislation of Ukraine and nothing in the text of this Agreement may be construed as granting any license to the User to use such Trademarks.
5. PROCEDURE FOR WORKING WITH THE SITE
5.1. When using the Site, the User agrees to follow the following rules:
- comply with all obligations undertaken by the User in connection with the accession to this Agreement;
- not to take any actions (with or without the use of automation tools) aimed at collecting any personal data of other Users;
- not to take any action and not to assist third parties in taking actions aimed at undermining the work of the Site, including, but not limited to: downloading viruses or malicious code; take actions that may lead to the shutdown of the Site, disruption of the normal operation of the Site or the Software of the Site, or to the deterioration of the appearance of the Site and/or the Content of the Site.
- not to engage in any other act that is illegal, fraudulent, discriminatory or misleading.
6. ADVERTISING AND PROJECTS ON THE SITE
6.1. The Company has the right from time to time to post on the Site Projects in which the Company helplessly participates for further acquaintance of Users with the details of such Project.
6.2. In the event that the User is interested in the implementation of a Project, such User may, at its discretion, make a Financial Donation, the terms of which are set out in Section 7 of this Agreement.
6.3. The Content of the Site may contain links to the official pages of the organizers of the Project. The company does not assume any responsibility for:
- content of such official pages of the Project organizers;
- for any losses incurred by the User as a result of the latter’s transition to such official pages of the Project organizer.
6.4. If you access another website through the information posted on the Site with a link, the Company cannot guarantee that such website is safe for the User and/or the User’s computer (and/or any other device of the User). Nothing in this Agreement shall be construed as reassuring, encouraging, recommending or encouraging the User to link to such official sites, visit any third party websites, or attempt to purchase, use any third party goods/services.
7. FINANCIAL DONATION
7.1. The User is given the opportunity, only on his own initiative, to make a Financial Donation (make a donation) for the implementation of a Project, information about which is posted directly on the Site. The financial donation is made by clicking on the appropriate widget on the Site.
7.2. In addition to the Financial Donation for the implementation of the Projects, the User may make such a Financial Donation for the development of the Company. In case of receiving such a Financial Donation, the Company undertakes to spend the received funds only for the implementation of the statutory objectives of the NGO “Creative House Copyright”, namely for the development of creative, cultural and educational environment in Ukraine and abroad by assisting talented artists, musicians, poets, artists, photographers and other persons of creative professions in the development and implementation of their creative professions abilities, satisfaction of their national and cultural interests and protection of copyright of such persons. Such Financial Donation is made by the User clicking on the appropriate widget on the Site. The amount of the Financial Donation is determined by the User independently. The Company has no right to influence in any way the will of the User regarding the amount of the Financial Donation.
7.3. The financial donation is made by the User using real currency (cash) and is made by transferring funds to a personal account specified on the Site.
7.4. All transactions made by the User as a result of the Financial Donation are subject to the rules of this User Agreement and other licensing agreements of payment systems and/or banking institutions through which payment is made. The user is duly informed that billing (invoicing) and the transactions themselves are carried out exclusively by the payment system and/or banking institution. The Company does not have access to the list of completed transactions of the User for the implementation of a particular Financial Donation. If the User intends to read more about the terms of the Agreement and license agreements of payment systems and/or banking institutions, the User must go to the official addresses of such payment systems and/or banking institutions, and read such license agreements.
7.5. The Company does not store any data on the debit and/or credit card, bank account of the User, which are used for payment.
7.6. The User’s servicing bank may conduct additional checks of the perfect transaction at its own discretion. In addition, the banking institution servicing the debit and/or credit card, the User’s bank account may charge a fee for making a financial donation to the Company’s account, the amount of which is set directly by such banking institution and/or payment system. The User can get acquainted with the amount of the transaction fee on the official website/address of such banking institution and/or payment system.
7.7. When making any Financial Donation, the User automatically agrees to the terms of the Accession Agreement (offer) for the provision of non-refundable financial assistance (voluntary donation), posted at the following link: https://creativecopyright.com.ua/en/accession-agreement/.
8. SUSPENSION OF ACCESS TO THE SITE
8.1. The Company has the right to terminate the use of the Site by the User at any time in the event of:
- violation by the User of the terms of this Agreement;
- infringement of the intellectual property rights of the Company, other Users and/or third parties;
- committing actions that are illegal, violate the rights and interests of the Company, other Users and/or third parties and / or undermine the operation of the Site and/or the possibility of using the Site by other Users;
- The Services and/or the Site are used by the User in such a way that it may lead to legal liability of the Company in the future;
- if such termination is required by the current legislation of Ukraine and/or the competent state body.
8.2. The User is duly informed that the Company shall not be liable for any damages, lost profits, loss of business or personal reputation caused to the User’s inability to access the Site and Services.
9. REQUEST FOR INFORMATION
9.1. If the User has any questions about the terms of this Agreement and/or the procedure/method of their implementation, the User may address such questions to the Company by sending an email to chcreativeming@gmail.com.
9.2. Employees and representatives of the Company undertake to make every effort to respond to such a request within a reasonable period of time.
10. RESPONSIBILITY
10.1. Under no circumstances shall the Company and/or its representatives be liable to the User and/or to any third parties:
- for any indirect, incidental, unintentional damage, including lost profits and/or lost data, damage to honor, dignity and/or business reputation caused in connection with the use of the Site, Services and/or other materials to which the User and/or others have gained access through the Site, even if the Company has warned or indicated the possibility of such damage;
- for actions and/or inaction of other Users;
- in cases expressly provided by the terms of this Agreement and/or the norms of the current legislation of Ukraine.
10.2. The Company’s liability for anything related to the use of the Site and/or the Services is limited to the extent permitted by applicable law of Ukraine.
11. OTHER CONDITIONS
11.1. Users may read the terms of this Agreement at the following link: https://creativecopyright.com.ua/en/user-agreement/.
11.2. This Agreement is drawn up in the Ukrainian and English languages. In case of divergence between the text of the Ukrainian and English languages, the text of this Agreement in the Ukrainian language shall prevail over the content and interpretation.
11.3. This version of the Agreement is effective from the date of publication at the link specified in paragraph 11.1. of this Agreement.
11.4. All disputes and disagreements that arise during the implementation of the terms of this Agreement shall be resolved through negotiations between the Company and the User.
11.5. Complaints of the User are considered by the Company subject to their written submission and application to the Company within 1 (one) calendar month (including weekends, non-working days) from the date of reasonable grounds for filing a claim to chcreativeming@gmail.com. In the event of a claim in violation of this deadline, the Company reserves the right to refuse to consider and/or satisfy such claim.
11.6. In case of impossibility to reach an agreement through negotiations, the dispute is transferred for settlement in court in accordance with the current legislation of Ukraine.
11.7. Any communication between the Company and the Users is carried out by e-mail using the registered e-mail addresses of the parties.
11.8. If, for any reason, any terms of this Agreement are held to be invalid, such invalidity shall not affect the validity and/or applicability of the remaining terms of this Agreement.
11.9. This Agreement and the relationship between the Company and the Users are governed by the applicable laws of Ukraine. Issues not regulated by this Agreement shall be regulated by the current legislation of Ukraine.
11.10. The Company does not undertake any obligation to notify users of future changes to the text of this Agreement. If after changes and/or additions in the text of this Agreement the User continues to use the Site, it means that he is aware of the changes and/or additions and accepted them in full without any objections.
11.11. Access to the Site and Services is provided to the User “as is”. The Company does not promise or guarantee that the Services and/or the Site may or may not meet the needs, goals, expectations of the User, and therefore the Company does not guarantee any specific result or consequence of the User’s use of the Site and/or Services.