The following text of the User Agreement (hereinafter – «Agreement») is addressed to an unspecified group of persons, visitors to the website https://mind.ua/ on the Internet and defines the procedure for using this website, the owner of which is the Limited Liability Company «FUTURE MEDIA» (hereinafter – «Owner»).
This Agreement is a public offer in accordance with the current legislation of Ukraine. Conclusive actions by an individual or a legal entity, (hereinafter referred to as the «User», and in the plural «Users»), aimed at using the https://mind.ua/ website, are considered to be the unconditional acceptance of this Agreement. The User hereby acknowledges that acceptance of the Agreement is equivalent to signing and concluding the Agreement on the terms set forth in this Agreement.
1. TERMS AND DEFINITIONS
1.1. «Website» (hereinafter – «Site») is an information resource on the Internet, which is located at the website address https://mind.ua/ and contains text, graphic and other information, which is perceived as a single entity, and is supported by a set of system software.
1.2. «Content» – the informational design of the Site, which includes: webinars, phonograms, videograms, text, graphic, audiovisual or any other materials.
1.3. «Account» – the User's account created during the authorisation on the Site, which allows the Owner to identify (authorise) the User by using the User's account on Facebook, Twitter or Google social networks.
1.4. «User» means any individual who has ever accessed the Site and reached the age permitted to accept the User Agreement.
1.5. «Party» or collectively «Parties» – User and/or Owner.
1.6. «Services» (Site Services) – any services that are offered on the Owner's Site and include, but are not limited to, the services for creating platforms for communication with business and new formats of materials and special projects, creating and improving the quality of content for readers production, videos production, industry special projects, direct advertising, etc.
1.7. «Subscriber» – a Site User who has paid for membership in the Mind project, acquired the status of a «Mind Club member», gained access to gated Site Content and other subscription benefits.
2. GENERAL TERMS
2.1. By transiting to the Owner's Site, as well as by authorising his Account on the Site, the User gives his consent to comply with all the terms of this Agreement. This Agreement is a legally binding agreement between the User and the Owner, the aim of which is to provide the User with free Services for the use of the Site and/or paid ones.
2.2. The limits of usage of the Site by Users are set by the Owner at his own discretion.
2.3. This Agreement may be changed and/or updated by the Site Owner unilaterally without specific notice to the Users. This Agreement is an open and publicly available document.
2.4. Users are obliged to get acquainted with the contents of this Agreement before each use of the Site. If the User continues to use the Site after the publication of the changed and/or updated content of this Agreement, it means that the User agrees to comply with the terms of the Agreement with all its changes and/or amendments.
2.5. In case of making significant changes to the Agreement, the Owner will post a notice on the Site and indicate the date of entry into force of these changes. If within the specified period the User does not refuse to accept these changes in a written form, it will mean that the User has agreed to the relevant changes to the Agreement.
3. SITE CONTENT
3.1. The Ñontent published on the Site is intended for personal non-commercial use by the User. All the Content published on the Site, including but is not limited to: news, photographs, images, illustrations, audio and video clips, is protected by copyright and is owned or controlled by the Owner or the party who is the author of the Content. The User of the Site must comply with all additional copyright notices, information or restrictions contained on any page of the Site.
3.2. Users have no right to modify, publish, distribute, participate in the distribution, reproduce (except for the cases provided for in paragraph 4.3 of this Agreement), create new works, distribute, perform, or somehow use the content of the Site (including software) in full or partly.
3.3. Commercial (brand) names, trademarks, etc. of the Owner or third parties, are protected by intellectual property rights. Nothing in this Agreement shall be construed as granting, indirectly, by default or otherwise, any license or right to use any trademark, patent, design right or copyright of the Owner or any third party.
3.4. Content marked «partner material», «advertisement», promo-post mark «for publicity purpose» is published on commercial or partnership basis.
4. USE OF THE SITE. USERS' OBLIGATIONS
4.1. The User is obliged to use the Site and/or use the Services offered on the Site in an order that complies with the legislation, the Agreement and the specificity of a certain Service (in case of using paid Site Services), as well as in accordance with the principles of social coexistence and acceptable norms.
4.2. It is forbidden to upload, distribute and publish Content of any defamatory, insulting, obscene, pornographic or other illegal material; advertising, commercial messages, messages with repetitive content (spam), messages that do not have an information load and do not relate to the subject of the Site or any other misleading information, as well as Content that may cause any obstacles in operation of the Site or damage to IT systems.
4.3. The user shall refrain from any actions that may violate the law, accepted norms, property rights of third parties or moral rights and, in particular, use the data of other people as his personal data.
4.4. The User may download or copy the contents of the Site, other components and elements appearing on the Site only for his personal use, provided that he maintains all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission of the Owner and the third parties that have intellectual property rights in the Content.
4.5. The Internet media outlets, mobile applications are allowed to use the information published on the Site free of charge under the condition of an open hyperlink and reference to the original source not lower than the first paragraph of the text and usage of not more than fifteen hundred characters of the original text. A larger text may be used only subject to obtaining the Owner's written permission.
4.6. The use of information shall mean any reproduction, republication, distribution, reworking, translation, incorporation of its parts into other works and other ways of use as prescribed by the Law of Ukraine «On Copyright and Related Rights».
4.7. The User cannot disclose any confidential or proprietary information via the Site.
5. REPRESENTATIONS AND WARRANTIES
5.1. In case the User uses the Site under the conditions of obtaining the Services offered on the Site, the User guarantees that his Content will not violate the rights of third parties, including copyright, trademarks, privacy or other personal or property rights and will not contain defamation or any other material which violates the current legislation of Ukraine.
5.2. In the event of any claims, lawsuits, demands of third parties regarding the User's violation of their rights and interests protected by law, when using, distributing, processing materials and information posted on the Site, the User undertakes to resolve such disputes on his own behalf, independently, and at his own expense.
In case the Site Owner, as a result of meeting such claims, lawsuits, demands of third parties, suffers damages and/or the Site Owner pay penalties, compensations, costs, damages, payments, the User is obliged to compensate them (penalties, compensations, costs, damages, payments) in full.
5.3. The owner declares that he has no control over third-party sites, therefore the User gets access to them at his own risk. The User acknowledges and agrees that the Owner is not responsible for the accessibility of such sites and for their Content, as well as for any consequences related to the use of the Content of third-party sites.
6. ACCOUNT REGISTRATION AND SECURITY
6.1. In order to create an Account on the Site, the User can use his personal account in social networks Facebook, Twitter or Google and/or use the Site without creating an Account, subject to paragraph 2.2. of this Agreement.
6.2. By providing his personal data to the Owner in any form (creating an Account on the Site, making orders, subscribing to advertising mailings, etc.), the User expresses his consent for personal data processing by the Site Owner in accordance with the Law of Ukraine «On Personal Data Protection». The processing of the User's personal data is regulated by the current legislation of Ukraine as well as the Site's privacy and cookies policy, and includes the right of the Site Owner to perform actions with the User's personal data in accordance with the Site's privacy and cookies policy.
6.3. Each Account registration is valid for one User, therefore the Owner reserves the right to cancel or suspend the User's access to the Site if the User provides personal login data to third parties. The User is personally responsible for preserving the confidentiality of his own Account, which the User must use personally.
6.4. The User may not: (a) use the credentials of another person with the intent to impersonate that person, (b) use the Account data without the permission of the User, who is the owner of this Account, and/or (c) use the Account data, at his sole discretion, if they are or are considered to be offensive and/or violate norms of the current legislation. Non-compliance with the mentioned provisions is considered a violation of the Agreement, which may lead to the immediate termination of the User's Account.
7. MIND CLUB MEMBERSHIP
7.1. The User has the right to become a Subscriber to the Site and acquire the status of a Mind Club member. Prerequisite for acquiring the status of a Mind Club member is the registration of an Account and the monthly payment of a membership in the Mind Club program in the amount and according to the procedure specified in the section of the Site called «Subscribe».
7.2. According to this paragraph of the Agreement, the monthly payment of a membership implies receiving by the Owner the relevant information confirming the fact of transferring such User's funds to the Owner's bank account.
7.3. The fact that the User has acquired Mind Club membership is evidenced by placing the User's funds to the Owner's bank account and is confirmed by a receipt sent to the User's email address specified in the appropriate field after successful payment.
7.4. According to this Agreement, the Owner's liability to provide the User with the status of Mind Club member is considered to be fulfilled, and the services are considered to be provided to the User in full, after the paid period of Mind Club member status has expired. At the same time, any documents, including acts of services provided, etc., which confirm the provision of services stipulated in this Agreement, shall not be signed between the Parties.
8. RESPONSIBILITY OF THE PARTIES
8.1. Responsibility of the User:
8.1.1. The User is solely responsible for any use of the information that is available on the Site.
8.1.2. The User is solely responsible to the Owner or/and third parties for his actions or omissions when using the Site.
8.1.3. The User undertakes to settle independently and at his own expense all claims of third parties related to the User's action or omission when using the Site.
8.1.4. Unless the User proves otherwise, any actions on the Site taken with the use of his Account are deemed to have been taken by the User, at the same time, the User bears full responsibility for such actions, their consequences and results, including if the use of the User Account by a third party was authorised by the User.
8.1.5. In case the User places on the Site information that violates this Agreement, other agreements concluded between the Parties and/or current legislation, the Owner has the right to block the User's access to the Site at his own discretion and without special notice, for the period necessary to establish the legality of posting and usage of such information.
8.1.6. In case of violation of the terms of the Agreement, the Owner has the right to temporarily suspend the User's access to the Site and/or delete the User Account.
8.1.7. The User who has provided access to his Account to other individuals, bears full and independent responsibility for the actions of such individuals when using the Site and/or receiving the Services of the Site.
8.2. Responsibility of the Owner:
8.2.1. The Owner is not responsible for the use by third parties of the information posted by the User on the Site (for example, if the User authorised the access of a third party to his information, or if the third party received unauthorised access), including its copying, reproduction and distribution, carried out both within the Site and in any other possible ways.
8.2.2. The owner does not compensate for direct or indirect damage caused to the User or third parties as a result of use or non-use of the Site, including the inability to use the Site.
8.2.3. The owner does not undertake to check, change and control the information posted by anyone on the Site, does not guarantee and is not responsible for the reliability of the information, its legality, quality and compliance with the specific requests and needs of the Site Users.
8.2.4. The owner is not responsible for the content of sites that do not belong to him, links to which may be present on the Site, and does not guarantee their availability, correct operation and compliance with the stated topic.
9. WEBSITE ACCESS TERMINATION
9.1. The User may terminate his account at any time by contacting email [email protected] He shall receive an automatic email notification confirming that his Account deactivation request is accepted. The User's access to such an Account will be terminated within 48 hours from the moment of acceptance of the Account deactivation request.
8.2. The Owner has the right to terminate or suspend the User's access to the entire Site or a part thereof, at his sole discretion, for any reason, including a breach of or failure to comply with the terms of this Agreement.
10. OTHER TERMS
10.1. This Agreement is applied in accordance with the legislation of Ukraine. Any disputes regarding the implementation of this Agreement are to be resolved by the commercial court of the city of Kyiv, in the manner determined by the current legislation of Ukraine.
10.2. The User agrees to immediately report any copyright infringements regarding the Content contained on the Site to the email address [email protected].
10.3. For more information regarding advertising, please, follow the link: https://mind.ua/ads.