This public contract agreement (hereinafter - the Agreement) regulates the legal relationship between the administration (FOP Bayda M.V., hereinafter - "Administration") of the site we.ua (hereinafter - the Site) and an individual (hereinafter - the User) when using pages, comments and other interactive resources, as well as placing text messages, video, audio, graphic materials, (hereinafter - Materials) on the Site on the Internet at https://we.ua/ (hereinafter - the Site), as well as sending mail messages using Postal services (e-mail) of the Site. A user is a natural person who has registered on the Site and uses the services and/or Internet products of the Site. The Agreement enters into force from the moment of its conclusion through acceptance (unquestionable acceptance of all terms and conditions) by the User during registration on the Site.
This Agreement may be changed by the Administration without any special notification to the User. The new edition of the Agreement enters into force from the moment of its posting on the Site.
Legal relations arising between the User and the Administration in connection with the execution of this Agreement are regulated by the legislation of Ukraine.
The site provides Users with online services (news, weather, announcements, commenting function and other interactive resources (hereinafter referred to as the Service), the possibility of posting their materials and using e-mail on a free basis.
In order to use the functions and Services of the Site, the User must complete the registration procedure on the Site.
The postal service of the Site bears no responsibility for the compliance of the Service with the User's goals, for the delay, deletion or non-delivery of mail.
All issues of granting access rights to the Internet, purchasing and installing the appropriate equipment and software for this are decided by the User independently and are not subject to this Agreement.
The User's password for e-mail and Site services can be restored by the Administration only in case of providing accurate, correct and complete information specified during the initial account registration by the User.
The administration does not exercise any control and is not responsible for the content of Users' correspondence, except for cases provided for by the legislation of Ukraine.
Posting of Materials and use of the Services are post-moderated, that is, the moderator gets acquainted with the materials after the User posts such materials on the Site. If any material violates the rules of use of the Site and / or is such and / or contains information that contradicts the requirements of current legislation, such material is subject to removal.
Services (Placing Materials)
The User places his Materials on the Site, and also transfers to the Administration the exclusive right to provide wide access to the Materials within the limits of this resource without payment of any remuneration.
The user understands and agrees that e-mail may contain official messages of the Administration, automatic messages and newsletters and that such messages are a necessary condition for its use.
The User agrees that the Administration has the right to place advertising banners and announcements on the pages containing the User's Materials, to modify the Materials for the purpose of placing advertisements.
Responsibility for unauthorized copying and use of materials is borne by all and any legal entities and individuals who illegally used Materials posted on the Site.
Unless otherwise specified, all property and personal non-property rights to the Material belong to the User who posted them. The user is warned about the responsibility established by the current legislation of Ukraine for the illegal use and placement of other people's materials (works). If it is established that the User who posted the Materials is not their legal right holder, these Materials will be removed from free access at the first request of the legal right holder.
When posting the Material, the Administration indicates the User's nickname (nickname), specified by the User when providing the Material.
Materials posted on the Site must not contain:
materials that are illegal, harmful, threatening, that offend morality, honor and dignity, rights and legally protected interests of third parties, defamatory, that violate copyright, promote hatred and / or discrimination of people based on race, ethnicity, gender , social signs that promote religious, racial or ethnic enmity, contain scenes of violence or inhumane treatment of animals, etc. established by the Constitution of Ukraine, the Law of Ukraine "On Protection of Public Morals" and other relevant normative acts;
violation of minority rights;
impersonating another person or a representative of an organization and/or society without sufficient rights, including employees and owners of the Administration, as well as misleading about the properties and characteristics of any subjects or objects;
materials that the User does not have the right to make available according to the law or according to any contractual relations;
materials that infringe the rights to any patent, trademark, trade secret, copyright or other property rights and/or copyright and related rights of third parties;
it is forbidden to: download, place or transmit in any other way intrusive advertising, "spam" correspondence, "letters of happiness", invitations to participate in financial pyramid schemes or impose services in any other way;
materials containing computer codes designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs, to carry out unauthorized access, as well as serial numbers to commercial software products, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet;
intentional and/or accidental violation of any applicable local, state or international laws;
collection and storage of personal data of other users;
unauthorized transfer of records of an advertising, commercial or campaigning nature;
advertising of narcotics;
posts to anyone's address containing rude and offensive expressions and suggestions;
records containing materials of a pornographic nature.
it is forbidden to have more than one account (clone) if the rules of the site are violated or the rating is "cheated". In case of violation of the agreement, the account will be banned (deleted) without any warning.
The user understands and agrees that all information, data, text, programs, music, sounds, photos, graphics, videos, messages and other materials posted for public access or transferred privately are the responsibility of the person who made the data placing.
The User may not download, transfer or publish the Materials, if they were not created personally by the User or for the placement of which the User does not have the permission of the relevant right holder.
In case of receiving claims from third parties related to posting of materials by the User, the User shall settle the said claims independently and at his own expense.
The user alone bears full responsibility for the content of his/her mail messages sent using the Site's e-mail.
Using the we.ua mail service, mass mailing of commercial, political and other advertisements or other types of messages (information) to persons who have not expressed their desire to receive them (spam) is prohibited.
Termination of account and deletion of User Materials
The User agrees that the Administration reserves the right to terminate the User's account and/or block the User's access to the Site, at any time without prior notice to the User and without specifying the reason, in the following cases:
Violation of the provisions of this Agreement, its parts and additions;
At the relevant request of state authorities, in accordance with current legislation;
Long-term non-use (from 6 consecutive calendar months) of the account for accessing the site;
Mass registration of accounts;
In other cases, if the Administration considers such deletion necessary for the normal operation of the Site.
The User has the right at any time to refuse to use his account in the mail and delete his account on all Services of the Site. Correspondence contained in the mail and materials posted on the Site Services in such cases are automatically destroyed without the possibility of recovery.
Termination of the User's account involves:
removing the User's access to the personal part of all services of the Site we.ua;
deleting the password and freeing the User's mailbox from letters, files and deleting personal settings.
The Administration reserves the right, at its own discretion, to change (moderate) or delete any information published by the User, including information (materials) that violates the prohibitions set forth in Clause 3.7. of this Agreement (as well as any other prohibitions and requirements stipulated by the current legislation of Ukraine), including personal messages and comments, with or without prior notice, without being responsible for any damage that may be caused to the User by such an action.
In the event that the User posts Materials that do not belong to him and receives a reasoned complaint from the right holder about the violation of his rights protected by law, the Administration has the right to delete the content posted by the User, or block access to it by Users without notifying the User and without explaining the reasons.
Rights and obligations
The Administration tries to ensure uninterrupted operation of the Site, but is not responsible for the complete or partial loss of Materials posted by the User, as well as for insufficient quality or speed of the Service.
The user has the right to use the Site to place intellectual property objects, the right to use of which belongs to him on legal grounds.
The Administration has the right to refuse the User to post Materials, text messages, as well as to delete Materials at its discretion, if their content contradicts the requirements of this Agreement.
The User agrees that he is fully responsible for the content of his mail messages, as well as for the Materials posted by him on the Site. The administration is not responsible for the content of materials and their compliance with legal requirements, for copyright infringement, unauthorized use of signs for goods and services (trademarks), brand names and their logos, as well as for possible violations of the rights of third parties in connection with placing the Materials on the website. In case of receiving claims from third parties related to the placement of Materials, the User will independently and at his own expense settle the specified claims.
The User grants the Administration a non-exclusive license to use, including reproduction, distribution, processing, public display and making public the materials posted by the User within the Site we.ua for public viewing, as Site content. The user, who is the legal author of the materials specified in this paragraph, retains all property and personal non-property copyrights, in accordance with the legislation of Ukraine and international agreements.
The user agrees not to reproduce, repeat or copy, sell or resell, and also not to use for any commercial purposes any objects of intellectual property posted on the Site, except when such right is granted by his legal To the right holders.
The administration does not guarantee that the site's services will meet the User's requirements; will be provided continuously, quickly, reliably and without errors, and the results that may be obtained by the User will be accurate and reliable.
Any materials received by the User using the services of the Site are used by the User at his own peril and risk. The user is solely responsible for any damage that may be caused to the computer and/or data as a result of downloading and using these materials.
The Administration undertakes to inform the User about the claims of 3 persons on the posting of the Materials by the User. The user undertakes to either grant the Administration the right to publish the Material or delete the Material.
The Administration has the right at the first request of the relevant authorized (law enforcement) body, but in accordance with the current legislation, to provide such state body with available information about the User, not excluding personal data.
The User acknowledges that the Administration may set restrictions on the use of services and mail, including: the storage period of postal messages and any other materials posted by the User, the maximum number of messages that can be sent or received by one User, the maximum size of postal messages connection or disk space.
Upon detection of a person who carries out actions that qualify as spam on the Site's mail, the Administration has the right to block the receipt of mail messages from the postal address of the specified person (including users) to the Site's mail addresses. In addition, the Administration has the right to apply to law enforcement agencies for prosecution for similar actions.
The administration is not responsible for:
for the User's actions on the Site;
for failures occurring in telecommunication and/or energy networks, the actions of malicious programs, as well as for unscrupulous actions of third parties;
for the content and legality of the Information used / received by the User within the Service, as well as for its nature;
for damage / lost profit caused to the User as a result of the use or impossibility of using this or that service;
for the reliability of advertising information received by the User within the service, and the quality of the goods / services advertised in it, etc.;
for any damage to the User's software and/or hardware complex that occurred as a result of using the service.
Acceptance of the offer to conclude the Agreement
This Agreement is a proposal by the Administration to enter into a contract (offer) (Article 641 of the Civil Code of Ukraine) and is concluded by full and unconditional acceptance (acceptance) by the User of all its terms (Article 642 of the Civil Code of Ukraine). The agreement has legal force in accordance with Article 633 of the Civil Code of Ukraine without the parties signing a written copy and is equivalent to the agreement signed between the Administration and the User.
The agreement is concluded by registering on the Site without signing a written copy by the parties.
By concluding the Agreement, the User automatically confirms that he is familiar with and agrees to the terms of the Agreement and all the conditions set forth on the Site.
Services are not provided to the user who does not agree to the terms of this Agreement. The user who does not agree with the terms of this Agreement must leave the Site.
This Agreement is a legal obligation for both the Administration and the User.
The User has the right to refuse to accept changes and additions to the Agreement prepared by the Administration, which means the User's refusal to use the Site's services.
All possible disputes arising from / in connection with the execution(s) of this Agreement shall be resolved in accordance with the current legislation of Ukraine.
Nothing in the Agreement can be understood as the emergence between the User and the Administration of agency relations, cooperation relations, joint activity relations, personal employment relations, or any other legal relations not expressly provided for in this Agreement.
The user who believes that his rights and interests have been violated due to the actions of the Administration or third parties in connection with the posting of any Material on the Site, sends a claim to the support service . The material will be immediately removed from free access at the first request of the rightful owner.
In the event of the adoption of regulatory legal acts by the state authorities of Ukraine, which relate in whole or in part to the functioning of the Site or Services, the Administration reserves the right to make any changes in the functioning of the Services, aimed at bringing the Site's activities into compliance with the new regulations.