Terms of Use
The
Kyiv Expats website located at https://kyivexpats.com/ is a copyrighted
work belonging to EGC. Certain features of the Site may be subject to
additional guidelines, terms, or rules, which will be posted on the Site
in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These
Terms of Use described the legally binding terms and conditions that
oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING
COMPLIANT THAT THESE TERMS and you represent that you have the authority
and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS
OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF
THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
Access to the Site:
Subject
to these Terms. Company grants you a non-transferable, non-exclusive,
revocable, limited license to access the Site solely for your own
personal, noncommercial use.
Certain
Restrictions. The rights approved to you in these Terms are subject to
the following restrictions: (a) you shall not sell, rent, lease,
transfer, assign, distribute, host, or otherwise commercially exploit
the Site; (b) you shall not change, make derivative works of,
disassemble, reverse compile or reverse engineer any part of the Site;
(c) you shall not access the Site in order to build a similar or
competitive website; and (d) except as expressly stated herein, no part
of the Site may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means
unless otherwise indicated, any future release, update, or other
addition to functionality of the Site shall be subject to these Terms.
All copyright and other proprietary notices on the Site must be
retained on all copies thereof.
Company
reserves the right to change, suspend, or cease the Site with or
without notice to you. You approved that Company will not be held
liable to you or any third-party for any change, interruption, or
termination of the Site or any part.
No
Support or Maintenance. You agree that Company will have no obligation
to provide you with any support in connection with the Site.
Excluding
any User Content that you may provide, you are aware that all the
intellectual property rights, including copyrights, patents, trademarks,
and trade secrets, in the Site and its content are owned by Company or
Company’s suppliers. Note that these Terms and access to the Site do not
give you any rights, title or interest in or to any intellectual
property rights, except for the limited access rights expressed in
Section 2.1. Company and its suppliers reserve all rights not granted in
these Terms.
User Content:
User
Content. "User Content" means any and all information and content that a
user submits to the Site. You are exclusively responsible for your User
Content. You bear all risks associated with use of your User Content.
You hereby certify that your User Content does not violate our
Acceptable Use Policy. You may not represent or imply to others that
your User Content is in any way provided, sponsored or endorsed by
Company. Because you alone are responsible for your User Content, you
may expose yourself to liability. Company is not obliged to backup any
User Content that you post; also, your User Content may be deleted at
any time without prior notice to you. You are solely responsible for
making your own backup copies of your User Content if you desire.
You
hereby grant to Company an irreversible, nonexclusive, royalty-free and
fully paid, worldwide license to reproduce, distribute, publicly
display and perform, prepare derivative works of, incorporate into other
works, and otherwise use and exploit your User Content, and to grant
sublicenses of the foregoing rights, solely for the purposes of
including your User Content in the Site. You hereby irreversibly waive
any claims and assertions of moral rights or attribution with respect to
your User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":
You
agree not to use the Site to collect, upload, transmit, display, or
distribute any User Content (i) that violates any third-party right or
any intellectual property or proprietary right; (ii) that is unlawful,
harassing, abusive, tortious, threatening, harmful, invasive of
another’s privacy, vulgar, defamatory, false, intentionally misleading,
trade libelous, pornographic, obscene, patently offensive, promotes
racism, bigotry, hatred, or physical harm of any kind against any group
or individual; (iii) that is harmful to minors in any way; or (iv) that
is in violation of any law, regulation, or obligations or restrictions
imposed by any third party.
In
addition, you agree not to: (i) upload, transmit, or distribute to or
through the Site any software intended to damage or alter a computer
system or data; (ii) send through the Site unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, or any other form of duplicative or unsolicited
messages; (iii) use the Site to harvest, collect, gather or assemble
information or data regarding other users without their consent; (iv)
interfere with, disrupt, or create an undue burden on servers or
networks connected to the Site, or violate the regulations, policies or
procedures of such networks; (v) attempt to gain unauthorized access to
the Site, whether through password mining or any other means; (vi)
harass or interfere with any other user’s use and enjoyment of the Site;
or (vi) use software or automated agents or scripts to produce multiple
accounts on the Site, or to generate automated searches, requests, or
queries to the Site.
We
reserve the right to review any User Content, and to investigate and/or
take appropriate action against you in our sole discretion if you
violate the Acceptable Use Policy or any other provision of these Terms
or otherwise create liability for us or any other person. Such action
may include removing or modifying your User Content, terminating your
Account in accordance with Section 8, and/or reporting you to law
enforcement authorities.
If
you provide Company with any feedback or suggestions regarding the
Site, you hereby assign to Company all rights in such Feedback and agree
that Company shall have the right to use and fully exploit such
Feedback and related information in any manner it believes appropriate.
Company will treat any Feedback you provide to Company as
non-confidential and non-proprietary.
You
agree to indemnify and hold Company and its officers, employees, and
agents harmless, including costs and attorneys’ fees, from any claim or
demand made by any third-party due to or arising out of (a) your use of
the Site, (b) your violation of these Terms, (c) your violation of
applicable laws or regulations or (d) your User Content. Company
reserves the right to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to
cooperate with our defense of these claims. You agree not to settle any
matter without the prior written consent of Company. Company will use
reasonable efforts to notify you of any such claim, action or proceeding
upon becoming aware of it.
Third-Party Links & Ads; Other Users:
Third-Party
Links & Ads. The Site may contain links to third-party websites and
services, and/or display advertisements for third-parties. Such
Third-Party Links & Ads are not under the control of Company, and
Company is not responsible for any Third-Party Links & Ads. Company
provides access to these Third-Party Links & Ads only as a
convenience to you, and does not review, approve, monitor, endorse,
warrant, or make any representations with respect to Third-Party Links
& Ads. You use all Third-Party Links & Ads at your own risk,
and should apply a suitable level of caution and discretion in doing so.
When you click on any of the Third-Party Links & Ads, the
applicable third party’s terms and policies apply, including the third
party’s privacy and data gathering practices.
Other
Users. Each Site user is solely responsible for any and all of its own
User Content. Because we do not control User Content, you acknowledge
and agree that we are not responsible for any User Content, whether
provided by you or by others. You agree that Company will not be
responsible for any loss or damage incurred as the result of any such
interactions. If there is a dispute between you and any Site user, we
are under no obligation to become involved.
You
hereby release and forever discharge the Company and our officers,
employees, agents, successors, and assigns from, and hereby waive and
relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of
action of every kind and nature, that has arisen or arises directly or
indirectly out of, or that relates directly or indirectly to, the Site.
If you are a California resident, you hereby waive California civil code
section 1542 in connection with the foregoing, which states: "a general
release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the
release, which if known by him or her must have materially affected his
or her settlement with the debtor."
Cookies
and Web Beacons.</strong> Like any other website, Kyiv Expats
uses ‘cookies’. These cookies are used to store information including
visitors’ preferences, and the pages on the website that the visitor
accessed or visited. The information is used to optimize the users’
experience by customizing our web page content based on visitors’
browser type and/or other information.
Disclaimers:
The
site is provided on an "as-is" and "as available" basis, and company
and our suppliers expressly disclaim any and all warranties and
conditions of any kind, whether express, implied, or statutory,
including all warranties or conditions of merchantability, fitness for a
particular purpose, title, quiet enjoyment, accuracy, or
non-infringement. We and our suppliers make not guarantee that the site
will meet your requirements, will be available on an uninterrupted,
timely, secure, or error-free basis, or will be accurate, reliable, free
of viruses or other harmful code, complete, legal, or safe. If
applicable law requires any warranties with respect to the site, all
such warranties are limited in duration to ninety (90) days from the
date of first use.
Some
jurisdictions do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you. Some jurisdictions do not allow
limitations on how long an implied warranty lasts, so the above
limitation may not apply to you.
Limitation on Liability:
To
the maximum extent permitted by law, in no event shall company or our
suppliers be liable to you or any third-party for any lost profits, lost
data, costs of procurement of substitute products, or any indirect,
consequential, exemplary, incidental, special or punitive damages
arising from or relating to these terms or your use of, or incapability
to use the site even if company has been advised of the possibility of
such damages. Access to and use of the site is at your own discretion
and risk, and you will be solely responsible for any damage to your
device or computer system, or loss of data resulting therefrom.
To
the maximum extent permitted by law, notwithstanding anything to the
contrary contained herein, our liability to you for any damages arising
from or related to this agreement, will at all times be limited to a
maximum of fifty U.S. dollars (u.s. $50). The existence of more than one
claim will not enlarge this limit. You agree that our suppliers will
have no liability of any kind arising from or relating to this
agreement.
Some
jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Term
and Termination. Subject to this Section, these Terms will remain in
full force and effect while you use the Site. We may suspend or
terminate your rights to use the Site at any time for any reason at our
sole discretion, including for any use of the Site in violation of these
Terms. Upon termination of your rights under these Terms, your Account
and right to access and use the Site will terminate immediately. You
understand that any termination of your Account may involve deletion of
your User Content associated with your Account from our live databases.
Company will not have any liability whatsoever to you for any
termination of your rights under these Terms. Even after your rights
under these Terms are terminated, the following provisions of these
Terms will remain in effect: Sections 2 through 2.5, Section 3 and
Sections 4 through 10.
Copyright Policy:
Company
respects the intellectual property of others and asks that users of our
Site do the same. In connection with our Site, we have adopted and
implemented a policy respecting copyright law that provides for the
removal of any infringing materials and for the termination of users of
our online Site who are repeated infringers of intellectual property
rights, including copyrights. If you believe that one of our users is,
through the use of our Site, unlawfully infringing the copyright(s) in a
work, and wish to have the allegedly infringing material removed, the
following information in the form of a written notification (pursuant to
17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our services that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Sour address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the
objectionable material is not authorized by the copyright owner, its
agent, or under the law; and
- A statement that the information in the notification is accurate,
and under penalty of perjury, that you are either the owner of the
copyright that has allegedly been infringed or that you are authorized
to act on behalf of the copyright owner.
Electronic
Communications. The communications between you and Company use
electronic means, whether you use the Site or send us emails, or whether
Company posts notices on the Site or communicates with you via email.
For contractual purposes, you (a) consent to receive communications from
Company in an electronic form; and (b) agree that all terms and
conditions, agreements, notices, disclosures, and other communications
that Company provides to you electronically satisfy any legal obligation
that such communications would satisfy if it were be in a hard copy
writing.
Entire
Terms. These Terms constitute the entire agreement between you and us
regarding the use of the Site. Our failure to exercise or enforce any
right or provision of these Terms shall not operate as a waiver of such
right or provision. The section titles in these Terms are for
convenience only and have no legal or contractual effect. The word
"including" means "including without limitation". If any provision of
these Terms is held to be invalid or unenforceable, the other provisions
of these Terms will be unimpaired and the invalid or unenforceable
provision will be deemed modified so that it is valid and enforceable to
the maximum extent permitted by law. Your relationship to Company is
that of an independent contractor, and neither party is an agent or
partner of the other. These Terms, and your rights and obligations
herein, may not be assigned, subcontracted, delegated, or otherwise
transferred by you without Company’s prior written consent, and any
attempted assignment, subcontract, delegation, or transfer in violation
of the foregoing will be null and void. Company may freely assign these
Terms. The terms and conditions set forth in these Terms shall be
binding upon assignees.
Your Privacy. Please read our Privacy Policy.
Copyright/Trademark
Information. Copyright ©. All rights reserved. All trademarks, logos
and service marks displayed on the Site are our property or the property
of other third-parties. You are not permitted to use these Marks
without our prior written consent or the consent of such third party
which may own the Marks.
Contact Information:
Address: Khreschatyk St, 19А, Kyiv, 01601
Email: [email protected]