Accord de licence utilisateur final

  • This End-User License Agreement is entered into by and between the Service Provider (owner of the website: https://www.yenotes.com (hereinafter referred to as the Website)) and the person joining this Agreement.
  • This Agreement is a public offer as stipulated in Article 641 of the Civil Code of Ukraine. By its nature, the Agreement contains elements of different types of agreements and is a mixed agreement as stipulated in part 2 of Article 628 of the Civil Code of Ukraine.
  • The User accepts this offer by pressing the appropriate button on the Website.
  • The User may use the Website exclusively after accepting unconditionally and in full the terms of conditions of this Agreement on the following.
  • 1.Terms and Definitions
    • 1.1.In this End-User License Agreement, including its preamble, the terms and concepts shall be construed as follows:
      • 1.1.1.Agreement: this End-User License Agreement;
      • 1.1.2.Website: Internet site located at https://www.yenotes.com (YeNotes) and all information and materials featured in it;
      • 1.1.3.Service Provider: Website's owner/owners;
      • 1.1.4.User: any individual or legal entity using the Website which has accepted the terms and conditions hereof and has completed the registration of his or her personal Profile on the Website;
      • 1.1.5.Unregistered User: any individual or legal entity using the Website which does not have a personal User Profile on the Website;
      • 1.1.6.Newsletter: system of messages sent to the User in association with his or her use of the Website;
      • 1.1.7.Services: entirety of services offered by the Service Provider to the User for using the Website, including all information and materials contained on the Website in public access;
      • 1.1.8.User Profile: User's personal profile on the Website with which the Services are accessed;
      • 1.1.9.Login: User's set of alphanumeric characters identifying the User for accessing the functionalities of the Website set by the Service Provider;
      • 1.1.10.Password: User's set of alphanumeric characters with which the User confirms his or her Login for accessing the Website;
      • 1.1.11.Administration: persons entitled with the rights of Website administration.
  • 2.Scope of Agreement
    • 2.1.Under this Agreement, the Service Provider provides Services to the User on a free basis, on the conditions stipulated herein.
    • 2.2.The Agreement identifies the rules of interaction between the Service Provider and the User, the rights and liabilities of each party, their responsibilities, and the rules of use of the Website.
    • 2.3.The Agreement identifies the User’s and the Service Provider’s intellectual property rights which are create and/or transferred when using the Website, and the rights of third parties whose items may be present on the Website.
    • 2.4.The Agreement shall be legally binding to its parties.
    • 2.5.By accepting this Agreement, the User acknowledges that he or she has read and understood this Agreement in full, does not have any remarks or claims regarding any of its clauses, and also has the full legal rights and capacity to enter into this Agreement.
  • 3.Procedure and Conditions of the Provision of Services
    • 3.1.The Service Provider shall provide to the User the Services stipulated in paragraph 1.1.6 hereof which consist in the User’s provision with the right to use the Website and the information and materials presented on the Website, if the User complies with the clauses hereof. The Service Provider shall provide the User with the opportunity of registering a personal User Profile on the Website for improving the quality of Services on the Website on the conditions stipulated by the Service Provider.
    • 3.3.The Service Provider shall reserve the right to change the nature, essence and volume of Services offered to the User at any time and in any amount, without notifying the User thereof.
    • 3.4.The Service Provider shall reserve the right to suspend the Website’s operation for a defined or undefined period, or to stop it at all at any time. Such suspension or stoppage of the Website’s operation may be caused by both the Service Provider’s personal reasons and any external factors.
    • 3.5.If the Service Provider reveals any illicit or illegal actions on the User’s part as stipulated in the legislation in force of Ukraine, including any actions discrediting the honor and dignity of other users, the Service Provider may limit at any time the User’s access to the Website’s particular or all functionalities, without justifying the reason and without notifying the User thereof.
    • 3.6.If the User has completed the registration process on the Website, the Service Provider shall reserve the right to send its Newsletter associated with the Website’s operation to the User’s e-mail address given by the User. The User may change the parameters of the Newsletter in his or her Personal Profile settings.
    • 3.7.The Service Provider shall reserve the right to publish advertisements and other information and materials compliant with the legislation in force of Ukraine on the Website’s pages.
  • 4.Intellectual Property Rights
    • 4.1.The Service Provider has the full and exclusive intellectual property rights for the trade name “YeNotes”, logo and all other brand graphical materials presented by the Service Provider on the Website. The Service Provider has the full and exclusive right of ownership to the databases located on the Website, including the databases of translations, the Website's programming code, materials and information added on the Website by the Service Provider, and all other components and elements of the Website's content.
    • 4.2.The User shall never use in any way any items of intellectual property rights owned by the Service Provider without the Service Provider’s written consent.
    • 4.3.Any trade names and brand elements of third-party services used on the Website are the intellectual property of their respective owners.
    • 4.4.Placing on the Website any information containing intellectual property rights, including but not limited to text, graphical images, databases, trademarks for products and services, etc., the User shall guarantee that the copying and dissemination of such information and/or intellectual property rights shall not violate any third parties’ rights, nor shall it violate the legislation of Ukraine or any generally accepted moral standards.
    • 4.5.If the User breaches the guarantee stipulated in paragraph 4.4 hereof, the User shall bear the full responsibility on any violation of third parties’ rights, the legislation of Ukraine, and/or any generally accepted moral standards.
  • 5.Rights and Liabilities of the Parties
    • 5.1.Rights and Liabilities of the User:
      • 5.1.1.The User shall have the rights and liabilities stipulated herein and by the legislation in force of Ukraine.
      • 5.1.2.The User may use the Website, the Services offered by the Service Provider, and all materials and information published on the Website, unless the User does not comply with the terms and conditions hereof.
      • 5.1.3.Upon completing the registration of his or her personal User Profile, the User may sign in on the Website by using his or her personal Login and Password. The User bears the full responsibility for keeping confidential and not disclosing to any third parties his or her personal Password. Also, the User shall bear the full responsibility for any and all actions undertaken using his or her personal Login.
      • 5.1.4.The User shall not make, and shall not favor any third persons to make any of the following actions:
        • -copying, remaking, distributing, showing in frame, downloading, transmitting or transferring, selling, or using in any other way the Website's programming code, design, or any other of the Website's technical and/or programming components, unless agreed upon with the Service Provider explicitly in written form;
        • -copying, remaking, distributing, showing in frame, downloading, transmitting or transferring, selling, or using in any other way any information or materials published on the Website with any commercial goals, unless agreed upon with the Service Provider explicitly in written form;
        • -copying, remaking, distributing, showing in frame, downloading, transmitting or transferring, selling, or using in any other way any information or materials published on the Website without any commercial goals, unless providing explicit and well visible links to the Website's respective pages;
        • -filling the Website with deliberately false information and/or materials of any kind;
        • -uploading to or publishing on the Website in any other way any materials or information which are illegal, harmful, discredit human dignity, are aimed at discrimination of any kind, contain pornographic materials, contain obscene words of any kind, breach copyrights, any other third-party rights, or in any other way violate the legislation in force of Ukraine and/or the generally accepted moral standards as deemed by the Service Provider;
        • -publishing in any way on the Website any advertising materials not agreed upon with the Service Provider explicitly in written form;
        • -using, uploading or otherwise publishing on the Website any viruses or any other kind of harmful software or components which may adversely affect the Website's operation and/or the Services offered by the Service Provider;
        • -pretending that the User or any other user is a representative of the Website, its Administration, without having the appropriate rights;
        • -collecting any materials or information from the Website using any automated scripts, software and/or any other software or hardware components;
        • -collecting and storing other Website users' personal data;
        • -committing any other unlawful activities which may harm the Website and/or its users under the legislation in force of Ukraine and/or in the Website Administration's own opinion.
      • 5.1.5.The User shall never use the Website nor his or her User Profile on the Website for committing any actions or activities not described above which violate the legislation in force of Ukraine, including in terms of copyright.
      • 5.1.6.The User may stop using the Website and Services offered by the Service Provider at any time by notifying the Service Provider thereof using the e-mail contacts stipulated in paragraph 9.3 hereof. The Service Provider shall confirm the cancellation of this Agreement with the User and the stoppage of the User's registration, including the User's Login, Password, and Personal Profile, within 30 (thirty) calendar days from the date when the User's appropriate request is received. Before the User receives such a confirmation from the Service Provider, the Agreement shall remain fully valid and legally binding for all parties.
      • 5.1.7.The User shall assume and bear all risks and responsibilities associated with his or her use of the Website, Services offered by the Service Provider, and any materials and information published on the Website.
    • 5.2.Rights and Liabilities of the Service Provider:
      • 5.2.1.The Service Provider shall have the rights and liabilities stipulated herein and by the legislation in force of Ukraine.
      • 5.2.2.The Service Provider shall reserve the right to change the nature, essence and volume of Services offered to the User at any time and in any amount, without notifying the User thereof.
      • 5.2.3.The Service Provider shall reserve the right to block and/or remove the User’s personal account, if the User breaches any clauses hereof.
      • 5.2.4.The Service Provider shall have the right to refuse the registration of the User’s personal account, is the User’s previous account was blocked and/or removed as a result of his or her breach of the Agreement.
  • 6.Responsibility
    • 6.1.The User and the Service Provider shall bear the responsibility stipulated herein and by the legislation in force of Ukraine for breaching any clauses hereof.
    • 6.2.The Service Provider shall not bear any responsibility for the User's availability and quality of Internet access, and for any hardware and/or software used by the User for accessing the Internet. The Service Provider shall not bear any responsibility for any failures or defects in the work of any Internet and/or telephone service providers.
    • 6.3.The User acknowledges that he or she transmits information through unprotected electronic communication channels, and the Service Provider shall not bear any responsibility for the confidentiality of any information transmitted through any such unprotected electronic communication channels.
    • 6.4.The Service Provider shall not guarantee that:
      • -the Website and/or Services meet the User's needs, requirements and/or expectations;
      • -the materials and information published on the Website and/or the results achieved through the use of any such materials and/or information are exact, complete or useful;
      • -the Website's operation or the provision of the Services are uninterrupted or free of errors;
      • -the results of the Website's use, or any information or materials published on the Website will be available on the Website;
      • -all errors and/or shortcomings of the Website or the Services will be eliminated.
    • 6.5.The Website and the Services are provided to the User “as is”, with possible errors and/or shortcomings. Any links to third-party services are given only for information purposes, and this shall not imply that the Service Provider supports or recommends such resources, or guarantees the correctness of the information published on such third-party services.
    • 6.6.The Service Provider shall not bear any responsibility for any damages or losses incurred by the User as a result of using the Website and/or Services, or as a result of any defects or failures in the Website's operation, changes in its features, etc.
    • 6.7.The Service Provider shall not guarantee the correctness and reliability of any information and materials published on the Website by the User or other users.
    • 6.8.The Service Provider shall not bear any responsibility for any unlawful materials or information published on the Website by the User or any other users, nor for any unlawful activities committed on the Website or using the Website by the User or any other users, regardless of whether they have completed the process of registration on the Website.
    • 6.9.The Service Provider shall never bear any responsibility before users who have not completed their registration process on the Website.
  • 7.Applicable Law
    • 7.1.Regardless of the place of residence/location of the parties hereof, this Agreement shall be governed by the legislation of Ukraine.
    • 7.2.Any disputes between the Service Provider and the User in relation to this Agreement shall be governed exclusively by the legislation in force of Ukraine.
    • 7.3.If the User is an individual, regardless of his or her citizenship, residency or physical location, as well as regardless of the location from which the Website and/or Services were/are accessed, any disputes between the Service Provider and the User in relation to this Agreement shall be resolved at the Shevchenkivskyi District Court of Kyiv, Ukraine.
    • 7.4.If the User is a legal entity, organization of any kind or individual entrepreneur, regardless of its, his or her citizenship, residency or physical location, as well as regardless of the location from which the Website and/or Services were/are accessed, any disputes between the Service Provider and the User in relation to this Agreement shall be resolved at the Kyiv Economic Court, Ukraine.
  • 8.Confidentiality
    • 8.1.The Service Provider shall collect the User's personal data in the course of registration on the Website and the use of the Services. All such data shall be used only for the purposes of control and analysis in order to improve the Website's operation.
    • 8.2.The User's e-mail may be used by the Service Provider and/or the Website's Administration for contacting the User and for sending the Newsletter.
    • 8.3.The Service Provider shall not bear any responsibility for keeping confidential the User's real name and surname, and/or his or her e-mail address, if the User has deliberately made them public through his or her Personal Profile settings.
    • 8.4.The Service Provider shall never bear any responsibility for the User's data published by the User or other users on the Website (including when not made public by the User or the other users deliberately, respectively). The Service Provider shall never bear any responsibility for keeping any such data confidential.
    • 8.5.The Service Provider shall not transmit the User's personal data to any third parties, except for the following cases:
      • -the User violates the terms and conditions of this Agreement and/or of the legislation in force of Ukraine; and/or
      • -this is required by the legislation in force of Ukraine and/or Ukraine's public authorities on grounds which are legal upon the Service Provider's opinion.
    • 8.6.The User’s acceptance of this Agreement as stipulated herein testifies that the Service Provider has informed the User of, and the User has read and understood in full the Rights of a Personal Data Subject.
    • 8.7.The User’s acceptance of this Agreement as stipulated herein testifies that the User has conferred upon the Service Provider the right to collect, process and disseminate the User’s personal data which the User provides to the Service Provider through the Website.
  • 9.Miscellaneous
    • 9.1.The Service Provider shall reserve the right to transfer its rights and/or liabilities hereunder to any third parties at any time, in full or in part, without notifying the User.
    • 9.2.The Service Provider shall reserve the right to terminate this Agreement at any time, including (but not limited to) in the case when the User breaches any of this Agreement's clauses.
    • 9.3.The User may contact the Service Provider using the e-mail contacts published on the Website's dedicated page. The Service Provider shall not be liable to inform the User of any changes in contact details, and the User shall monitor on his or her own any changes in the Service Provider's contact details on the Website's dedicated page.
    • 9.4.The Service Provider may contact the User using the e-mail contacts or Facebook profile stated by the User in the course of registration. In case of any changes in contact details, the User shall notify the Service Provider thereof within 7 (seven) calendar days.
    • 9.5.In case of any claims on the part of the User in relation to his or her use of the Website and/or Services, the User shall inform the Service Provider thereof within 3 (three) calendar days from the date when they emerged. Thereafter, the User shall provide the Service Provider with the opportunity to participate adequately and completely in the inquiry of such claims, and also shall provide the Service Provider with all the required information for settling the aforesaid claims within 7 (seven) calendar days from the date when an appropriate request is sent by the Service Provider.
    • 9.6.For settling any disputes between the Service Provider and the User in relation to this Agreement, the following pre-action protocols shall apply: in case of any claims, the User shall send a list with their detailed description to the Service Provider's e-mail address as stipulated in paragraph 9.3 hereof. Within 20 (twenty) business days from the date when the User's claim is received, the Service Provider shall send a reply to the User's contact details as stipulated in paragraph 9.4 hereof. If a dispute cannot be settled through the pre-action protocols, such dispute shall be settled in court as stipulated in Article 7 hereof. No anonymous claims, nor any claims that do not allow identifying the User in an explicit manner according to the data provided by him or her in the course of registration shall be considered.
    • 9.7.The Service Provider shall reserve the right to cancel the validity of the User's Login, Password and/or Personal Profile, and to remove any of the User's information or information published by the User on the Website, if the User breaches any clause hereof.
    • 9.8.The invalidation of any clause hereof by the court shall not affect the validity of all other clauses hereof or of the Agreement in general.
    • 9.9.The text of the Agreement may be provided in different languages, depending on the User's settings selected on the Website. In case of any discrepancies between different linguistic versions of the Agreement, the Ukrainian version shall be deemed to be the only correct and legally binding one.
    • 9.10.Even the users who have not completed the registration process and visit the Website anonymously shall bear the full responsibility before the Service Provider and the other Website users under the legislation in force of Ukraine, including in terms of copyright.
    • 9.11.The Service Provider shall reserve the right to modify and amend the terms and conditions hereof at any time and in any amount without preliminarily notifying the User thereof. The User acknowledges that it is his or her personal responsibility to monitor any updates in the terms and conditions hereof. Any changes in or amendments to this Agreement shall become valid upon being posted on the Website by the Service Provider.
    • 9.12.The User may read the current version of the Agreement on the web using the following link: User Agreement.
    • 9.13.The Agreement shall become valid upon the User’s confirmation of his or her acceptance of the terms and conditions hereof.