USER AGREEMENT

 

1. GENERAL PROVISIONS
1.1. This User Agreement (hereinafter referred to as the Agreement) applies to the website "https://www.maley-photo.com", located at https://www.maley-photo.com .
1.2. The website "https://www.maley-photo.com" (hereinafter referred to as the Website) is the property of Dmytro Maliei, a sole proprietor
1.3. This Agreement governs the relationship between the Administration of the website "https://www.maley-photo.com" (hereinafter referred to as the Website Administration) and the User of this Website.
1.4. The Website Administration reserves the right to change, add or delete clauses of this Agreement at any time without notifying the User.
1.5. Use of the Website by the User constitutes acceptance of the Agreement and changes made to this Agreement.
1.6. The User is personally responsible for checking this Agreement for changes in it.

 

2. DEFINITIONS OF TERMS
2.1. The terms listed below have the following meaning for the purposes of this Agreement:
2.1.1 "https://www.maley-photo.com" is an Internet resource located at the domain name https://www.maley-photo.com/, operating through the Internet resource and related services (hereinafter referred to as the Site).
2.1.2. "https://www.maley-photo.com" is a site containing information about Products and/or Services and/or Other valuables for the user, Seller and/or Service Provider, allowing the selection, order and/or purchase of Products and/or receipt of services.
2.1.3. Site Administration are employees authorized to manage the Site, acting on behalf of Elena Maley, a sole proprietor.
2.1.4. Site User (hereinafter referred to as the User) is a person who has access to the Site via the Internet and uses the Site.
2.1.5. The content of the website (hereinafter referred to as the Content) is the protected results of intellectual activity, including the texts of literary works, their titles, prefaces, annotations, articles, illustrations, covers, musical works with or without text, graphic, text, photographic, derivative, composite and other works, user interfaces, visual interfaces, trademark names, logos, computer programs,
databases, as well as the design, structure, selection, coordination, appearance, general style and arrangement of this Content, which is part of the Website and other objects of
intellectual property, all together and/or separately, contained on the website https://www.maley-photo.com .

 

3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is to provide the User with access to the Products contained on the Website and/or services rendered.
3.1.1. The Website provides the User with the following types of services (services):
viewing content;
access to the search and navigation tools of the website;
providing the User with the opportunity to post messages, comments,
3.1.2. This Agreement applies to all existing (actually
functioning) services (services) of the Site, as well as any subsequent modifications and additional services (services) that appear in the future.
3.2. Access to the Site is provided free of charge.
3.3. This Agreement is a public offer. By accessing the Site, the User is considered to have acceded to this Agreement.
3.4. The use of materials and services of the Site is regulated by the norms of the current legislation of Ukraine.

 

4. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
4.1. The Site Administration has the right to:
4.1.1. Change the rules for using the Site, as well as change the content of this Site. Changes come into force from the moment the new version of the Agreement is published on the Site.
4.1.2. Delete User accounts.
4.1.3. Refuse registration without explanation.
4.2. The User has the right to:
4.2.1. Use all services available on the Site, as well as purchase any Products and/or Services offered on the Site.
4.2.2. Ask any questions related to the Site services:
by e-mail:
4.2.3. Use the Site solely for the purposes and in the manner stipulated by the Agreement and not prohibited by the legislation of Ukraine.
4.2.4. Copying information from the Site is permitted.
4.2.5. Require the administration to hide any information about the user.
4.2.6. Use the information on the Site for commercial purposes without special permission.
4.2.7. Receive access to use the Site after complying with the registration requirements.
4.3. The User of the Site undertakes to:
4.3.1. Provide, upon request of the Site Administration, additional information that is directly related to the services provided by this Site.
4.3.2. Respect the property and non-property rights of authors and other copyright holders when using the Site.
4.3.3. Do not take actions that may be considered as violating the normal operation of the Site.
4.3.4. Do not distribute any confidential information about individuals or legal entities protected by Ukrainian law using the Site.
4.3.5. Avoid any actions that may result in a violation of the confidentiality of the Site.

4.3.6. Do not use the Site to distribute advertising information, unless consented to by the Site Administration.
4.3.7. Do not use the services for the purpose of:
4.3.7.1. violating the rights of minors and (or) causing them harm in any form.
4.3.7.2. infringing on the rights of minors.
4.3.7.3. posing as another person or a representative of an organization and (or) community without sufficient rights to do so, including as employees of this site.
4.3.7.4. misleading regarding the properties and characteristics of any Goods and / or services posted on the Site.
4.3.7.5. incorrectly comparing Goods and / or Services, as well as forming a negative attitude towards persons (not) using certain Goods and / or services, or condemning such persons.
4.3.7.6. uploading content that is illegal, violates any rights of third parties; promotes violence, cruelty, hatred and (or) discrimination on racial, national, sexual, religious, social grounds; contains false
information and (or) insults against specific individuals, organizations, authorities.
4.3.7.7. incitement to commit illegal acts, as well as assistance to persons whose actions are aimed at violating restrictions and prohibitions in force in Ukraine.
4.3.8. Ensure the accuracy of the information provided
4.3.9. Ensure the safety of personal data from access by third parties.
4.3.10. Update the Personal Data provided during registration, in case of their change.
4.4. The User is prohibited from:
4.4.1. Using any devices, programs, procedures, algorithms and methods,
automatic devices or equivalent manual processes to access, acquire, copy or track the content of the Site.
4.4.2. Disrupt the proper functioning of the Site.
4.4.3. Bypass the navigation structure of the Site in any way to obtain or attempt to obtain any information, documents or materials by any means not specifically provided by the services of this Site.
4.4.4. Unauthorized access to the functions of the Site, any other systems or networks related to this Site, as well as any services offered on the Site.
4.4.4. Violate the security or authentication system on the Site or in any network related to the Site.
4.4.5. Perform a reverse lookup, track or attempt to track any information about any other User of the Site.
4.4.6. Use the Site and its Content for any purposes prohibited by the legislation of the Russian Federation, as well as incite any illegal activity or other activity that violates the rights of the Site or other persons.

 

5. USE OF THE SITE
5.1. The Site and the Content included in the Site are owned and managed by the Site Administration.
5.2. The content of the Site is protected by copyright, trademark law, and other rights related to intellectual property and unfair competition laws.
5.3. The purchase of the Product offered on the Site may require the creation of a User account.
5.4. The User is personally responsible for maintaining the confidentiality of the account information, including the password, as well as for any and all activities carried out on behalf of the User of the account.
5.5. The User must immediately notify the Site Administration of any unauthorized use of his account or password or any other breach of security.
5.6. The Site Administration has the right to unilaterally cancel the User's account if it has not been used for more than 36 consecutive calendar months without notifying the User.
5.7. This Agreement applies to all additional terms and conditions for the purchase of the Product and/or the provision of services provided on the Site.
5.8. Information posted on the Site shall not be construed as a change to this Agreement.
5.9. The Site Administration has the right to make changes to the list of Goods and services offered on the Site and/or their prices at any time without notifying the User.
5.10. The document specified in paragraph 5.11.1 of this Agreement regulates in the relevant part and extends its effect to the User's use of the Site:
5.11.1. Privacy Policy:
https://www.maley-photo.com/policy
5.12. Any of the documents listed in paragraph 5.11.1. of this Agreement may be subject to update. Changes come into force from the moment they are published on the Site.

 

6. LIABILITY
6.1. Any losses that the User may incur in the event of intentional or
negligent violation of any provision of this Agreement, as well as due to unauthorized access to the communications of another User, shall not be reimbursed by the Site Administration.
6.2. The site administration is not responsible for:
6.2.1. Delays or failures in the process of performing an operation that arise due to force majeure, as well as any case of malfunctions 

in telecommunications, computer, electrical and other related systems.
6.2.2. Actions of transfer systems, banks, payment systems and delays associated with their work.
6.2.3. Proper functioning of the Site, if the User does not have the necessary technical means to use it, and does not bear any obligations to provide users with such means.

 

7. VIOLATION OF THE TERMS OF THE USER AGREEMENT
7.1. The Site Administration has the right to disclose information about the User if the current legislation of Ukraine requires or permits such disclosure.
7.2. The Site Administration has the right, without prior notice to the User, to terminate and (or) block access to the Site if the User has violated this Agreement or the terms of use of the Site contained in other documents, as well as in the event of termination of the Site or due to a technical malfunction or problem.
7.3. The Site Administration shall not be liable to the User or third parties for termination of access to the Site in the event of the User's violation of any provision of this Agreement or other document containing the terms of use of the Site.

 

8. DISPUTE RESOLUTION
8.1. In the event of any disagreements or disputes between the Parties to this Agreement, a mandatory condition before going to court is the filing of a claim (a written proposal for a voluntary settlement of the dispute).
8.2. The recipient of the claim, within 30 calendar days from the date of its receipt, notifies the claimant in writing of the results of the consideration of the claim.
8.3. If it is impossible to resolve the dispute voluntarily, either Party has the right to go to court to protect their rights, which are granted to them by the current legislation of the Federal Republic of Germany.
8.4. Any claim regarding the terms of use of the Site must be filed within 5 days after the grounds for the claim arise, with the exception of the protection of copyright on the Site materials protected by law. In case of violation of the terms of this paragraph, any claim will be left without consideration by the court.

 

9. ADDITIONAL TERMS
9.1. The Site Administration does not accept counter-offers from the User regarding changes to this User Agreement.
9.2. The User's reviews posted on the Site are not confidential information and may be used by the Site Administration without restrictions.

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