Effective Date: November 24, 2020
You shall read the Agreement before using the Website; in the case of disagreement with any of the terms hereof, you must not use the Website or related materials or any other materials used to maintain the functioning of the Website and must leave the Website and immediately stop using the platform and any related materials.
Compliance with the terms of the Agreement, as well as with all annexes to it, is obligatory throughout the entire time of using the Website (Platform), including participation in the Affiliate Program, etc. You will be deemed to have agreed to the terms of the Agreement and all the annexes to it, as well as to have accepted them as binding on you, in the event of at least one of the following circumstances:
- you open or access the Website through any browser and from any device;
- you view the Website;
- you filled in the registration form;
- you registered an account on your behalf;
- you registered as a Partner;
- you participate in the Affiliate Program;
- you contacted us through the Website (Platform) or through contacts posted on the Website (Platform) or obtained through interaction with us.
Cases of the Affiliate Program participation termination, termination of cooperation as a Partner or deactivation of the Partner’s status, as well as termination of use of the Website (in the event of assuming obligations under the Agreement) do not automatically terminate the Agreement, unless otherwise set forth in our notification. The term and procedure for termination of the Agreement are provided by section 5 of the Agreement.
Without prejudice to the provisions of the preamble of the Agreement, and in addition to them, we may, at our own discretion, from time to time additionally request your consent to certain provisions, which will not mean replacement of any provision of the Agreement.
USE OF WEBSITE
- In order to provide a better service and optimize the use of the Website (Platform), we differentiate when you use the Website Platform) as a user and Partner.
- The Website is a part of a software Internet system, which allows you to get basic access to discover the web resource and decide whether to register as the Partner or contact us; this part of the web resource is available for use by both users and Partners. The Platform is a special environment within the Website that contains advanced functionality that allows you to enjoy all the benefits of the Affiliate Program. Only Partners can use the Platform.
- Related materials, related informational materials and materials used to maintain the functioning of the (Website) Platform ( “informational materials”) are any information posted on the Website (Platform), including but not limited to the following: computer code, any texts and images, audiovisual works, audio tracks, separate sounds, animated images, analytical information, any logos, videos, etc.
- The user may use the Website only in order to (a) access the Website with informational purposes; (b) contact us; (c) read legal documents posted on the Website; (d) apply for the Affiliate Program by registering an account. The Partner can use the Platform only in order to (a) register as a Partner; (b) directly participate in the Affiliate Program; as well as (c) perform other actions permitted by the Agreement and the Terms.
Since the Website (Platform) and all of its components, including the informational materials posted on the Website (Platform), are intellectual property created and/or owned by us and that we have the right to use, the user acknowledges such circumstances and accepts the following conditions of the Website (Platform) use:
- we provide you with a non-exclusive, limited by time, territory and means of use, non-transferable license to access and use the Website (Platform) in accordance with the available functionality, which can be revoked by us at any time without any prior notification;
- the license to use the Website is valid during the term of the Agreement and is not limited by territory. The license to use the Platform is valid for the duration of your Partner’s privileges to use the Platform, unless otherwise set forth on the Platform or provided by the Terms, and may be limited by us to a specific territory;
- the license is limited by the terms of the Agreement. Any provisions and rights that are not clearly provided by the Agreement are considered unforeseen and not granted to you. The Agreement does not contain implied rights or provisions;
- you can use the Website and the informational materials posted on the Website solely for personal non-commercial purposes and only in accordance with the Agreement and within the functionality of the Website, unless otherwise provided by the Terms;
- you shall not recreate, duplicate, copy, sell or resell, as well as use for commercial purposes the Website and any informational materials posted on the Website (Platform), unless we have given you a written permission;
- you are not allowed to use any of the informational materials outside of the Website (Platform);
- your right to use the Website (Platform) and the informational materials is limited by the rights expressly granted to you hereby;
- the Website (Platform) may require additional resources or permissions for proper functioning, for example, access to the Internet, to internal data storage of the user’s devices, the ability to send notifications to the browser, etc.; and
- we are not responsible for any relationship between the user and third parties, as well as for the results of using the Website (Platform).
- We provide users with free access to the Website. Participation in the Affiliate Program, as well as use of the Platform, may be paid for according to the Terms and/or data published on the Platform.
- Only a legally capable person who has reached the age of 18 or the age of majority in their jurisdiction (whichever is greater) can be auser. Once you use the Website (Platform) or the informational materials, you confirm and warrant that you have full legal capacity and have reached the age of 18 or the age of majority in your jurisdiction (whichever is greater).
The user acknowledges the circumstances and undertakes to adhere to the following restrictions:
- when using the Website (Platform), the user must not use any mechanisms, software or scripts that directly or indirectly interact with the Website Platform), and access to which was not provided to the user in accordance with the Terms or our written permission;
- the user must not infringe on the electronic integrity of the Website (Platform), try to overcome the protection of the Website (Platform) in any way and distribute malicious software that can harm us, the Website (Platform) or other users;
- the user must not share any information, including messages, elements of the Website (Platform) or the informational materials, both on our behalf and on their own behalf, unless such usage is directly permitted;
- the user must not in any way share any information obtained within the Website (Platform), except through the relevant mechanisms of the Website (Platform) or without our prior consent;
- the user must not create any technical obstacles in the functioning of the Website (Platform) or duplicate the actions of the Website (Platform) in any way.
- The Affiliate Program is a special form of cooperation between you and us. The Affiliate Program helps drive traffic through a variety of technical and marketing means.
- The terms of your participation in the Affiliate Program are specified by the Terms.
- You can become aPartner by registering and verifying your account.
- This Agreement, as well as the Terms, is not a public or private offer to users or third parties to join the Affiliate Program or enter into a relationship other than a trial access to the Website.
- Users who wish to become Partners and use the Platform shall apply for an account, fill out the registration form and confirm the registration by clicking the “Submit Form” button in the registration field. Taking into account paragraph 2.1 of the Agreement, filing an application for registration does not mean automatic registration or obtaining of the status of aPartner, as well as participation in the Affiliate program. We, at our sole discretion, decide where to approve the application on a case-by-case basis.
The user acknowledges circumstances and accepts the following registration rules:
- we reserve the right to decline a registration without giving any reason;
- when registering, the user is obliged to indicate only reliable data about their identity and not to use third-party data without a permission of those persons;
- the user’s data, such as e-mail address, telephone number or other contact details must be unique. It Means that no user has ever used such data for registration;
- the user is obliged to keep up to date all the data specified by the user during the registration or specified in the account while using the Website (Platform). The user is solely responsible and bears all the risks associated with the indication of incorrect or irrelevant data;
- during the registration, the user chooses a password for authorization. The password must be secure and exclude third parties from accessing the user’s account. The user is solely responsible for the reliability of the password, its storage and inaccessibility to third parties. We do not bear any responsibility for the use of the user’s credentials by any third parties;
- all actions performed with the user’s account are performed by the user;
- we reserve the right to verify any data provided by you when registering and using the Website (Platform), as well as your identity.
- The provision of inaccurate / false information during the registration or use of the Website (Platform) may affect the quality of use of the Website (Platform) and be a reason for refusing you to register an account / blocking it.
- The user is solely responsible for preserving the details of access to the account, including the ways of backing up access to the account. Account credentials must be reliable. We do not have access to your access details, and we are not responsible for third parties’ access to such details.
- The user must not use the Website (Platform) or the informational materials before they reach full legal capacity, as well as use other users credentials.
By giving us the contact details, the user gives us consent to receive messages, mailings, advertisements and promotional materials via email, SMS or by other means. The following rules apply to sending messages:
- messages can be of two types: (a) non-commercial, related to the fulfilment of the Agreement, the Terms or the exercising of our or your obligations (basically, this is information about the main stages of our cooperation); and (b) commercial (related to particular offers);
if we send you emails:
- all our emails will include the sender’s contact information (website name and other information required by applicable law), as well as an unsubscribe button;
- our commercial (advertising) messages will always be marked as advertising;
- contact information of the sender will be available for 30 days or more from the date of the mailing;
- all complaints about subscriptions, as well as responses to advertising mailings, will be processed without prolonged, unreasonable delays;
- any feedback, complaints, requests to stop mailing and unsubscribe from mailings will be processed free of charge.
- If you decide to unsubscribe from mailings or other messages without reference to the content of the message, you shall send us a notification to [email protected]. Upon receipt of such notice, we will cease mailing.
WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY
- We provide you with access to the Website (Platform) in accordance with the principles “as is” and “as available”. It Means that we cannot guarantee (and we do not guarantee) that access to the Website (Platform) will be uninterrupted, timely, and that the Website (Platform) will not contain errors. We cannot guarantee that the Website (Platform) will function properly on all devices and under all special conditions. However, we will make every reasonable effort to ensure the proper functioning of the Website (Platform).
To the extent permitted by law, in no case we and any other our related persons (employees, contractors, shareholders, agents, representatives, referrals, partners, advertising agencies, promotional agencies and other agencies providing other services, any other representatives and legal advisers) are not responsible for any inaccuracies or omissions in informational materials and any special, indirect and other damages, lost profits caused or in any way related to the use or inability to use the Website (Platform) or the informational materials, any harm, damage, demands, and other actions that may occur at any stage of using the Website (Platform), including:
- breakdown or any suspension of the functioning of the telephone line, equipment, software, Internet, information network, e-mail services, etc.;
- unsuccessful, incomplete, falsified and untimely computer transmissions or mailings;
- any actions taken outside our control;
- any damage, loss or harm arising from the use of the Website (Platform);
- typographical errors in any materials provided through the Website (Platform).
We are also not responsible, including, but not limited to, for following cases:
- if you do not understand or remember the terms of this Agreement;
- if you do not achieve the expected result using our Website (Platform) or participating in the Affiliate Program;
- if you experience any difficulties while using the Affiliate Program.
- You clearly understand and agree that you are solely responsible for the truthfulness and accuracy of the information you publish on the Website (Platform), distributed as a result of participation in the Affiliate Program, as well as for the use of the Website (Platform) and the informational materials. You take full responsibility for any expenses and commissions when using the Website (Platform) and participating in the Affiliate Program.
- You agree to protect, indemnify and ensure the safety as well as hold harmless us and our referrals against any claims, lawsuits or statements, including payments to legal advisers, if it arises from your use of the Website (Platform), your violation or non-compliance with the terms of this Agreement, Terms, violation of third-party rights and any other your actions or inaction.
- We and any other related persons (employees, contractors, shareholders, agents, representatives, referrals, partners, advertising agencies, promotional agencies and other agencies providing other services, any other representatives and legal advisers) are not responsible for any unethical, unauthorized, illegal or unlawful use of the Website (Platform), including unfair participation in the Affiliate Program. It Includes plagiarism, lawsuits, unfair advertising, loss of position/reputation or monetary compensation, resignation, termination of cooperation, and any other disciplinary and legal consequences. You take full responsibility for any disciplinary and legal consequences arising from the illegal, unethical and/or infringing use of the Website (Platform).
TERM OF AGREEMENT
- The agreement is valid until you or we terminate our cooperation. Despite any herein, we reserve the right, without any notice and at our sole discretion, to terminate the Agreement, suspend or terminate your right to access the Website (Platform) or its individual sections/ informational materials, or suspend/terminate your account (block or freeze).
- The Agreement may also be terminated by us if you violate any terms of the Agreement or any of its integral parts, including the Terms.
- You may terminate the agreement by notifying us 10 calendar days prior to the planned termination date via email at [email protected], or by deleting your account using the Platform (if the Platform’s version supports the feature).
- Once the Agreement is terminated, your access to the Website (Platform) is limited and your account will be deactivated. If, after termination, you continue to use the Website as a user or initiate a re-registration, itwill mean that you have agreed to the terms of the Agreement again and a contractual relationship has arisen. Where stipulated by the Terms, you may be prohibited from using the Website (Platform) and participating in the Affiliate Program again after termination of the Agreement.
- This version of the Agreement supersedes any other agreements between you and us regarding the subject matter of the Agreement, as well as all previous versions of the Agreement. If any provision hereof (paragraph or provision of such a paragraph) is invalidated, it does not affect other provisions of the Agreement and must be changed, edited or interpreted in such a way as to contain more actual and relevant meaning for the purposes of the Agreement.
- You and we must not rely on any written or oral information that is not embodied or mentioned in this Agreement. Your or our failure to comply with any term of this Agreement does not constitute a waiver of your right to enforce that or any other term of this Agreement.
- Nothing in this Agreement is intended to establish any form of partnership, recruitment, or joint venture between you and us. You and we are not agents, neither you nor we can enter into contracts or any other documents/transactions on behalf of each other or as representatives of each other. Nothing in this Agreement creates obligations for third parties. No third party is bound by this Agreement.
- Communication between you and us takes place in English or Russian. Messages, requests, inquiries, statements and/or permissions will be sent by any means available. Notices and reports under the Agreement are deemed to have been received within one day of the date the notice or report was sent.
- The headings in this Agreement are intended to make this Agreement easier to understand. The headings do not affect the content and meaning of the provisions placed under the specific headings. Headings are not to be used to interpret the terms of this Agreement.
- This Agreement is an electronic agreement. The electronic form thereof has the same legal effect as if it were signed using a physical signature.
- We may independently and without your prior consent from time to time change, supplement or otherwise modify the Agreement (and any integral part of it) or any functionality of the Website (Platform), so please periodically check this page and test the Website (Platform) to make sure you agree with all changes. If you continue to use the Website (Platform) or information materials after such changes, we will assume that you have accepted the changes, unless we are required to obtain your explicit consent to such changes under applicable law.
- If you do not accept any of the terms hereof or any changes hereto, please do not start using the Website (Platform) or informational materials or stop using and remove any traces of such use from your devices.
- This Agreement and your use of the Website (Platform) are governed by the laws of the Republic of Poland (“Poland”), excluding its conflict of laws rules. Your use of the Website (Platform) may also be governed by other local, state, national or international laws. For any matter related to the interpretation or execution of this Agreement, the parties expressly refuse to submit to any courts that may have jurisdiction over the subject matter and agree to submit to the exclusive competence and jurisdiction of the courts of the City of Wroclaw. You hereby unconditionally accept personal jurisdiction in such courts and waive any other protection.