Publication date: 04 April 2016
Using a service that is a website available on the Internet under a unique domain name infokontrol.com (hereinafter referred to as the Site) the Internet user unconditionally agrees with this user agreement (hereinafter referred to as the Agreement), which regulates the rules for using the Site. The agreement determines the procedure for providing services on the Site, as well as mutual rights, obligations and the procedure for the relationship between IE Reshetar Ivan Volodymyrovych, hereinafter referred to as the "Contractor" and the User of the Site.
1. Terms and definitions
1.1. Site is a set of results of intellectual activity (computer program, photo, video, etc.) located on the Internet by a unique domain name infokontrol.com (including domains of the following levels) through which the Contractor provides information services under the Agreement.
1.2. Site Services - functionality, services, services, tools provided by the Site software and available to Users. The Contractor has the right to change the Site Services independently and without notifying Users in order to improve the quality of services provided under the Agreement.
1.3. The Administrator is an individual, a representative of the Contractor. The Administrator is not responsible for the actions of the Site users, and also performs a preliminary check of the materials of the Authors uploaded to the Site. Communication with the Administrator is carried out through the support service (firstname.lastname@example.org).
1.4. User is a capable natural person (or a representative of an individual entrepreneur or legal entity) who has passed the registration procedure on the Site.
1.5. Visitor - an unregistered or unauthorized person on the Site who visited the pages of the Site. If the Visitor does not agree with the terms of the Agreement, he undertakes to immediately stop browsing the Site.
1.6. The author is an individual whose creative work created the result of intellectual activity.
1.7. Affiliate - A User who has accepted the terms of the Affiliate Program.
1.8. Copyright holder - an individual or legal entity that has rights to the results of intellectual activity.
1.9. Content - the results of intellectual activity that make up the content of the Site (texts, photos, videos, etc.).
1.10. Account - a personal account (section on the Site) of the User, through which services are managed, access to the user's personal data and other confidential information. Each User receives an Account after registering on the Site.
2. General terms
2.1. The subject of this Agreement is to provide the User with access to the Site Services, which protect copyright and related rights to Intellectual Property Objects, disseminate data and information about Intellectual Property Objects on the Internet, as well as provide other related technological and legal service.
2.2 Services are provided by granting the User the right to use the System and access the Site. If the Site and the System are used to protect copyright and related rights, then they should be considered as means of technical protection of copyright and related rights.
2.3. This Agreement is a document within the meaning of Article 641 of the Civil Code of Ukraine.
2.4. The current version of the Agreement is always available on the Internet at: infokontrol.com/terms .
2.5. By carrying out conclusive actions for the purpose of registering on the Site, using the Site Services, the User accepts the Agreement within the meaning of Article 642 of the Civil Code of Ukraine. Acceptance of the Agreement means the User's unconditional acceptance of all its provisions and applications, while the User understands the essence and content of the provisions of the Agreement, including the obligations imposed on it in accordance with the Agreement.
2.6. In case of disagreement with the provisions of the Agreement, the User or Visitor undertakes to immediately stop using the Site.
2.7. The Contractor has the right to unilaterally, without notifying the Users, amend the Agreement. The new version of the Agreement comes into force from the moment it is published on the Site. The User and the Visitor undertake to independently familiarize themselves with the current version of the Agreement.
2.8. The Contractor is not an electronic money operator and a payment system operator within the meaning of the Law of Ukraine dated 05.04.2001 No. 2346-ІІІ "On payment systems and money transfers in Ukraine".
2.9. User understands and unconditionally agrees that the use of the Contractor's services is solely at his own risk and that the Contractor does not represent or warrant that:
- services will meet the requirements of the User;
- services will be provided continuously, on time, securely and error-free;
- any information received by the User as a result of using the services will be accurate and reliable;
- defects in the operation or functionality of any software on the Site will be corrected within the period expected by the User.
2.10. Communication with the Contractor regarding the operation of the Site, as well as any other issues related to the fulfillment of obligations under the Agreement, is carried out through the support service (online chat, e-mail, etc.).
2.11. The User agrees to receive advertising and other information from the Contractor, both directly on the Site (in the Account) and by e-mail specified during registration on the Site. The User has the right to refuse to receive this or that information by changing the settings in your account.
2.12. The Contractor has the right to involve third parties in order to fulfill its obligations under the Agreement, while remaining responsible for their actions to the User as for their own.
3.1. In order to be able to fully use the Site Services, the Visitor must go through the registration procedure and obtain the User status.
3.2. Registration is carried out by filling out a special form on the Site and confirming the phone number and email address.
3.3. A monthly subscription fee is charged for the use of the Site and certain services.
3.4. The exact range of services provided, their cost, availability of discounts is determined by the Tariff plan to which the User is connected.
3.5. Services provided to the User under this Agreement are paid in advance in full (100%) advance payment.
3.6. Funds received on the User's Personal Account can be withdrawn from the System at the User's request through the appropriate payment systems.
3.8. The Contractor has the right to request from the User any documents confirming the information specified by him during registration, as well as the Author's rights (including intellectual property) to intellectual property objects.
3.9. All actions performed using the User Account are considered to be performed by the User himself and make him fully responsible for such actions.
3.10. The user personally takes the necessary and possible measures to prevent unauthorized access of third parties to his Account. The user is fully responsible for the security of his password, the safety of his data and the transfer of login and password to third parties.
3.11. About unauthorized access to his login and password, the User must immediately inform the Administrator.
3.12. User agrees not to take any action that could result in a disproportionate load on the Site.
3.13. The site may contain links to other Internet resources. The User hereby agrees that the Contractor is not responsible for the availability of these resources and for the information posted on them, as well as for any consequences associated with the use of these resources .
4. Use of electronic signature
4.1. Any actions of the User using the login and password to the Account (electronic signature key) confirm the fact of the formation of a simple electronic signature directly by the User. A simple electronic signature is a combination of a login and a password and confirms that an email was sent by a specific person. Similar the rule applies to the actions of the Visitor using his e-mail to contact the Administrator.
4.2. Electronic documents signed with a simple electronic signature are considered equivalent to paper documents signed with a handwritten signature.
4.3. The user undertakes to maintain the confidentiality of his electronic signature (not to share his login and password or provide access to his email to third parties), and is fully responsible for its safety and individual use, independently choosing the method of storing and limiting them access.
5. Intellectual property
5.1. The Contractor owns the exclusive right to all the results of intellectual activity posted by him on the Site (images, audiovisual works, texts, computer programs, etc.).
5.2. The User and the Visitor are not entitled to use, for purposes not stipulated by the Agreement, the objects of the Contractor's exclusive rights without his special permission, drawn up in writing. Use refers to the actions listed in Article 441 of the Civil Code of Ukraine, as well as other actions, violating the rights of the Contractor, regardless of whether such actions are committed with or without profit.
5.3. The User and the Visitor are granted a personal, non-exclusive and non-transferable right to use the Site, provided that neither the User or the Visitor, nor any other person with the assistance of the User or the Visitor will:
- copy or modify software or intellectual property on the Site;
- create programs derived from software; infiltrate software to obtain program codes;
- sell, assign, lease, transfer to third parties in any other form of rights in relation to the software granted to the User under the Agreement, as well as modify the Site Services, including for the purpose of obtaining unauthorized access to them.
5.4. When placing any objects of intellectual property on the Site, the User guarantees that he has the necessary legal and legal capacity, as well as all rights and powers, guarantees the correctness, reliability and completeness of the information transmitted by him to the Contractor, necessary for the proper provision of services, guarantees compliance with the provisions laws and rights of third parties and assumes responsibility for violations.
5.5. The User and the Visitor undertake to resolve all disputes related to violation of the rights of third parties to intellectual property objects independently and at their own expense. The User also compensates the Contractor for all losses and costs incurred in connection with such disputes.
5.6. If the Contractor receives a reasonable statement (both individuals and authorities) about the violation by the User of the law or the rights of third parties, the Administrator has the right to block the User's Account. The exception is cases when the Administrator has evidence of the legality of the User's actions.
6. Limitation of liability
6.1. The User and the Visitor agree that the Site complies with their requirements at the time of acceptance of the Agreement and will comply with them thereafter.
6.2. Under no circumstances shall the Contractor and its representatives be liable to the User, the Visitor or to any third parties for any indirect, incidental, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation caused by in connection with the use of the Site, the contents of the Site or other materials to which the User, Visitor or other persons have accessed through the Site, even if the Contractor warned or indicated the possibility of such harm.
6.3. In any case, the Contractor's liability is limited to the cost of a subscription or one-time fee and is imposed on him only if there is fault in the Contractor's actions.
6.4. The User and the Visitor are solely responsible for all their actions on the Site and for the consequences of these actions.
6.5. The parties are not responsible for failure to fulfill their obligations if the failure to fulfill the terms of the Agreement is caused by force majeure circumstances beyond the possible control of the User or the Contractor (force majeure).
6.6. If, as a result of violation by the User of the current legislation governing the placement of information and objects of intellectual property on the Internet, the Contractor will be charged a fine and / or other payments in court, the User undertakes to compensate the Contractor for these amounts of money in full on the basis of the claims of the latter.
7. Final terms
7.1. The Contractor has the right to unilaterally terminate the Agreement and block the User Account without the possibility of recovery on the grounds and in the manner provided for in clause 5.6 of the Agreement, as well as applicable law, including international agreements.
7.2. All disagreements or disputes that may arise between the parties to the Agreement in connection with its execution must be resolved out of court through negotiations, sending claim letters.
7.3. Ukrainian legislation applies to the relations of the parties under the Agreement.
7.4. By accepting the Agreement, the User declares that the text of the Agreement is clear to him and does not need to be translated. If necessary, the User undertakes to independently and at his own expense translate the Agreement into another language that he understands, or stop using the Site.
7.5. If for some reason an agreement is not reached during the pre-trial settlement, the dispute arising from the Agreement is subject to consideration in the Uzhgorod city district court of the Transcarpathian region of Ukraine.
8. Contractor details
IE Reshetar Ivan Volodymyrovych
88000, Ukraine, Uzhgorod, Onokovskaya st., 18, apt. 37
Registration number: 3050325878