1. GENERAL PROVISIONS
1.1. This User Agreement (hereinafter – the Agreement) refers to the site “xyative shop” located at xyative.com.
1.2. This Agreement governs the relationship between the Administration of the site “xyative shop” (hereinafter referred to as the Administration of the site) and the User of this Site.
1.3. The site administration reserves the right to change, add or delete clauses of this Agreement at any time without notifying the User.
1.4. The use of the Site by the User means acceptance of the Agreement and the changes made to this Agreement.
1.5. 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 meanings for the purposes of this Agreement:
2.1.1 “xyative shop” – an Internet resource located on the domain name xyative.com, operating through the Internet resource and related services (hereinafter referred to as the Site).
2.1.2. “Xyative shop” – a site containing information about the Goods and / or Services and / or Other values for the user, the Seller and / or the Service Provider, allowing to make a choice, order and (or) purchase the Goods, and / or receive the service.
2.1.3. Site Administration – authorized employees to manage the Site. The person in charge is Sobko Roman Mikhailovich.
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 site (hereinafter referred to as the Content) – the protected results of intellectual activity, including the texts of literary works, their titles, forewords, annotations, articles, illustrations, covers, musical works with or without text, graphic, text, photographic, derivatives, composite and others works, user interfaces, visual interfaces, trademark names, logos, computer programs, databases, as well as design, structure, selection, coordination, appearance, general style and location of this Content included in the Site and other objects of intellectual property collectively and / or separately as contained on xyative.com.
3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is to provide the User with access to the Products and / or services provided on the Site.
3.1.1. The site provides the User with the following types of services (services):
– providing the User with the possibility of posting messages, comments, User reviews, rating the content of the site;
3.1.2. This Agreement covers all existing (actually functioning) services (services) of the Site at the moment, 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 governed by the norms of the current legislation of Ukraine
4. RIGHTS AND OBLIGATIONS 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.
4.2. The user has the right to:
4.2.1. Use all the services available on the Site, as well as purchase any Goods and / or Services offered on the Site.
4.2.2. Ask any questions related to the services of the site by e-mail: firstname.lastname@example.org
4.2.3. Use the Site solely for the purposes and in the manner provided for by the Agreement and not prohibited by the legislation of the Russian Federation.
4.2.4. Copying information from the Site is allowed.
4.2.5. Require the administration to hide any information about the user.
4.2.6. Use site information for commercial purposes without special permission.
4.3. The Site User undertakes:
4.3.1. Provide, at the request of the Site Administration, additional information that is directly related to the services provided by this Site.
4.3.2. Observe the property and non-property rights of authors and other rightholders when using the Site.
4.3.3. Do not take actions that may be considered as disrupting the normal operation of the Site.
4.3.4. Not to distribute using the Site any confidential and protected by the legislation of Ukraine information about individuals or legal entities.
4.3.5. Avoid any actions as a result of which the confidentiality of information protected by the legislation of Ukraine may be violated.
4.3.6. Do not use the Site to disseminate advertising information, except with the consent of the Site Administration.
4.3.7. Do not use the services for the purpose of:
220.127.116.11. violation of the rights of minors and (or) causing them harm in any form.
18.104.22.168. infringement of the rights of minorities.
22.214.171.124. representing yourself as another person or representative of the organization and (or) the community without sufficient rights, including for the employees of this site.
126.96.36.199. misleading about the properties and characteristics of any Goods and / or services posted on the Site.
188.8.131.52. incorrect comparison of the Goods and / or Services, as well as the formation of a negative attitude towards persons (not) using certain Goods and / or services, or condemnation of such persons.
184.108.40.206. uploading content that is illegal violates any rights of third parties; promotes violence, cruelty, hatred and (or) discrimination on racial, ethnic, gender, religious, social grounds; contains inaccurate information and (or) insults to specific individuals, organizations, authorities.
220.127.116.11. inducement to commit illegal actions, as well as assistance to persons whose actions are aimed at violating the restrictions and prohibitions in force on the territory of 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.
4.4. The user is prohibited from:
4.4.1. Use any device, program, procedure, algorithm or method, automatic device or equivalent manual process to access, acquire, copy or track the content of the Site.
4.4.2. Disrupt the proper functioning of the Site.
4.4.3. In any way to bypass the navigation structure of the Site to receive or attempt to obtain any information, documents or materials by any means that are 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 to any services offered on the Site.
4.4.5. Violate the security or authentication system on the Site or in any network related to the Site.
4.4.6. Perform a reverse search, track or attempt to track any information about any other User of the Site.
4.4.7. Use the Site and its Content for any purpose prohibited by the legislation of Ukraine, as well as incite to 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 that is part of the Site is owned and operated by the Site Administration.
5.2. The content of the Site is protected by copyright, trademark law, as well as other rights related to intellectual property and unfair competition laws.
5.3. This Agreement applies to all additional terms and conditions for the purchase of Goods and / or the provision of services provided on the Site.
5.4. The information posted on the Site should not be construed as a change to this Agreement.
5.5. The site administration has the right at any time without notifying the User to make changes to the list of Products and services offered on the Site, and (or) their prices.
5.8. Any of the documents listed in clause 5.7.1. of this Agreement may be subject to renewal. Changes come into force from the moment they are published on the Site.
6.1. Any losses that the User may incur in the event of intentional or reckless violation of any provision of this Agreement, as well as due to unauthorized access to the communications of another User, are not 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 arising from 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 for delays associated with their work.
6.2.3. The proper functioning of the Site, if the User does not have the necessary technical means to use it, and also 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.
7.3. The site administration is not responsible to the User or third parties for the termination of access to the Site in case of violation by the User of any provision of this Agreement or other document containing
8. DISPUTE RESOLUTION
8.1. In the event of any disagreement or dispute between the Parties to this Agreement, a prerequisite for filing a claim (a written proposal for a voluntary settlement of the dispute) is a prerequisite before going to court.
8.2. The recipient of the claim within 30 calendar days from the date of its receipt shall notify the applicant of the claim in writing about the results of the consideration of the claim.
8.3. If it is impossible to resolve the dispute on a voluntary basis, any of the Parties has the right to apply to the court for the protection of their rights, which are granted to them by the current legislation of Ukraine.
9. ADDITIONAL TERMS
9.1. The site administration does not accept counter offers from the User regarding changes to this User Agreement.
9.2. User reviews posted on the Site are not confidential information and can be used by the Site Administration without restrictions.