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ACCEPTANCE OF TERMS
Kievparty.com.ua is owned and
operated by Kievparty. We provide services under
certain terms and conditions that we call Terms of Service
("TOS"). We may update these from time to time, without notice
to you. It is your duty to check these when you use the site
to insure that you comply with the current TOS. There may be
other rules posted throughout the site which you will be
required to observe.
WE DO NOT SCREEN ALL POSTINGS AND HAVE NO WAY OF
INDEPENDENTLY VERIFYING THE INFORMATION GIVEN TO US BY A USER
OR POSTED ON THIS SITE. USERS SHOULD ALWAYS BE CAUTIOUS ABOUT
GIVING PERSONAL INFORMATION TO STRANGERS OR POSTING IT IN A
PUBLIC PLACE WHERE SUCH ACTIONS MIGHT BE USED TO HARM, HARASS
OR BE USED AGAINST THEM.
Please be aware that this site
may contain adult or mature content. You must be at least 18
years of age to use the services provided by us.
3.
FEES AND COSTS
Basic membership is FREE. By being a Basic
member you are free to use "Totor Search" "Campus Mail" and "Community"
A Tutor account cost a small fee per monthly use that is subject to change
upon accouncement.
4. YOUR MEMBERSHIP
OBLIGATIONS
By using this site you certify that you are
18 years of age or older, you agree that any information that
you provide to us (or others through this site) is true,
accurate, current and complete information, and you agree to
maintain and promptly update the Membership Data to keep it
true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or
incomplete, or we believe that such information is untrue,
inaccurate, not current or incomplete, we have the right to
suspend or terminate your account and refuse any and all
current or future use of our services.
5. MEMBER
ACCOUNT, PASSWORD AND SECURITY
You will receive a
password and account, and you are responsible for all
activities that occur under your account. You agree to protect
and safeguard it against unauthorized use. You must
immediately notify us of any unauthorized use of your account
or any other breach of security. You must exit from your
account at the end of each session. You agree that you will be
solely liable for any loss or damage arising from your failure
to comply with this Section 5.
6. MEMBER CONDUCT
You understand that we do not provide the information
on the site and that all publicly posted or privately
transmitted information, data, text, photographs, graphics,
messages or other materials ("Content") are the sole
responsibility of the person from which such Content
originated. You agree and represent that you, are entirely
responsible for all Content that you upload, download, post,
email, transmit or otherwise use or make available via the
Services and this site. Since we do not control the Content
posted on the site or sent to you from information gleaned
from the site, we cannot and will not guarantee the accuracy,
integrity or quality of such Content. You understand that by
using the Service, you may be exposed to offensive, indecent
or objectionable Content. You agree that we will not be liable
for any Content, including, but not limited to, any errors or
omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the
Service.
You agree to NOT use the Service for any
illegal or inappropriate purpose, and affirmatively represent
and warrant:
- that you will not upload, post, email, transmit or
otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically, religiously or
otherwise objectionable;
- that you will not harm minors in any way;
- that you will not impersonate any person or entity,
including, but not limited to, any employee, officer or
director of YOUR COMPANY, forum leader, guide or host,
or falsely state or otherwise misrepresent your affiliation
with a person or entity;
- that you will not forge headers or otherwise manipulate
identifiers in order
- disguise the origin of any Content transmitted through
the Service;
- that you will not upload, post, email, transmit or
otherwise make available any Content that you do not have a
right to make available under any law or under contractual
or fiduciary relationships (such as inside information,
proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements);
- that you will not upload, post, email, transmit or
otherwise make available any Content that infringes any
patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
- that you will not upload, post, email, transmit or
otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms)
that are designated for such purpose;
- that you will not upload, post, email, transmit or
otherwise make available any material that contains software
viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications
equipment;
- that you will not disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other users of the
Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real
time exchanges;
- that you will not interfere with or disrupt the Service
or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of
networks connected to the Service;
- that you will not intentionally or unintentionally
violate any applicable local, state, national or
international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
- that you will not "stalk" or otherwise harass another;
or
- that you will not collect or store personal data about
other users.
You acknowledge that we do not
pre-screen Content, but that YOUR COMPANY and its
designees shall have the right (but not the obligation) in
their sole discretion to refuse, move, or remove any Content
on the site for any reason we deem reasonable, in our sole
discretion.
You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely
on any Content created by us or submitted to us, including any
you find on the site.
We may preserve Content in our sole discretion and we may
also disclose such information to third parties to: (a) comply
with legal process; (b) enforce the TOS; (c) respond to claims
that any Content violates the rights of third-parties; or (d)
protect our rights, property, or personal safety or the
rights, property and personal safety of our users and the
public. We do not, however, undertake any affirmative
obligation to examine Content or disclose Content to any third
party for any reason.
You understand that your Content
may be transmitted over a number of different networks and
people other than those on this site could gain access to
it.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical
data exported from the United States or the country in which
you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR
INCLUSION ON THE SERVICE
We do not own any of the
Content submitted by our users. However, with respect to
Content you submit or make available for inclusion on publicly
accessible areas of the Service, you grant us the following
world-wide, royalty free and non-exclusive license(s), as
applicable:
With respect to Content you submit or make
available to us, you grant us the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly
display such Content and the irrevocable right to sublicense
the Content with the sublicense having the right to use,
distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole
or in part) and to incorporate such Content into other works
in any format or medium now known or later developed.
9. INDEMNITY
You agree to indemnify and hold us,
and our subsidiaries, affiliates, officers, agents,
co-branders, attorneys or other partners, and employees,
harmless from any claim or demand, including attorneys' fees,
made by any third party due to or arising out of Content you
submit, post, transmit or make available to us.
10. NO RESALE OF SERVICE
You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any of the information or services from
our site, including Content.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that we may establish general practices and limits
concerning use of our site, including but not limited to
matters pertaining to the number and size of emails, time
Content and other information will remain on our site,
limitations on what Content may be posted and when and how
long we will retain it.
We may at any time destroy or log off accounts that are
inactive for an extended period of time. You further
acknowledge that we reserve the right to change these general
practices and limits at any time, in our sole discretion, with
or without notice.
12. MODIFICATIONS TO SERVICE
We have the right to modify or discontinue this
service at any time. You agree that we shall not be liable to
you or to any third party for any modification, suspension or
discontinuance of the Service.
13. TERMINATION
We may terminate your account at any time, if we
believe it to be in our best interests or in the best
interests of our users.
14. DEALINGS WITH ADVERTISERS
Your dealings with, advertisers found on or through
our site, are solely between
you and such advertiser. You agree that we shall not be
responsible or liable for any loss or damage incurred as the
result of any such dealings.
15. LINKS
The Service may provide, or third parties
may provide, links to other World Wide Web sites or resources.
Because we have no control over such sites and resources, you
agree that we are not responsible for the content or
functionality of such sites. Furthermore, the existence of a
link on our site does not imply an endorsement of that site,
the owners or content thereon. You agree to be responsible or
liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or
reliance on any content, goods or services available on or
through any such site or resource.
16. OUR PROPRIETARY
RIGHTS
You acknowledge and agree that the Content and
software used by us, as well as the photos, graphics, text and
other material appearing on our site, are protected by
copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by
us or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the
anything found on our site.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT (EXCEPT WHERE PROHIBITED BY LAW):
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. b. WE MAKE NO WARRANTY THAT:
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
18. LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. NOTICE
Notices to you may be made via
either email or regular mail. The Service may also provide
notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
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