USER AGREEMENT (AGREEMENT TO THE TERMS OF USE OF THE WEBSITE)

1. General provisions

1.1. This User Agreement (hereinafter referred to as the Agreement) of the WEB site https://embroideredgem.com (hereinafter referred to as the Site) has been developed by the Site Administration and defines the terms of use and development of the Site, as well as the rights and obligations of its Administration and Users. The Agreement also applies to relations related to the rights and interests of third parties who are not users of the Site, but whose rights and interests may be violated as a result of the actions of the Site Users.

1.2. The subject of the Agreement is the provision by the Site Administration to the User of services for using the Site, its resources and services (hereinafter referred to as the Services). The Agreement between the User and the Site Administration includes all special documents that regulate the provision of individual Site services and are posted in the relevant sections of the Site on the Internet.

1.3. The User is obliged to fully familiarize himself with this Agreement before registering on the Site. Registration of the User on the Site means the User's full and unconditional acceptance of this Agreement.

1.4. In order to use the Site, you must accept this User Agreement. The User accepts the Agreement by clicking the User Agreement acceptance button when registering on the Site.

1.5. Terms and Definitions . In this Agreement, unless the text expressly states otherwise, the terms shall have the following meanings:

  • WEB-site – a set of data, electronic (digital) information, other objects of copyright and (or) related rights, etc., interconnected and structured within the address of the website and (or) the account of the owner of this website, access to which is carried out through the Internet address, which may consist of a domain name, entries in directories or calls and (or) a numerical address according to the Internet protocol. This definition may change in accordance with the definition in accordance with the current legislation of Ukraine, namely Article 17 of the Law of Ukraine “On State Support of Cinematography in Ukraine”
  • Subdomain (Site) – a component of a website that may contain data, electronic (digital) information, other objects of copyright and (or) related rights, etc.
  • Consent – ​​the User’s full, unconditional and unreserved acceptance of the terms of this Agreement without the Parties signing a written copy of it. A response of consent to conclude the Agreement on terms other than those proposed in the Agreement does not constitute consent.
  • User – a person who has visited the Site for the purpose of purchasing goods and has concluded an Agreement with the Administration by accepting (consenting to) this User Agreement.
  • Content (content) — any informational and meaningful content of an information resource (Site) – texts, graphics, multimedia — all permitted information that the User may use when visiting the Site, in compliance with the current legislation of Ukraine, as a rule, only for personal use.
  • Frame (HTML) — in HTML, web design: an area of ​​the browser window for displaying a separate web page of a site.
  • Parties - Site Administration and User.

All other terms and definitions appearing in the text of the Agreement shall be interpreted by the Parties in accordance with the norms of international treaties and the usual rules of interpretation of the relevant terms formed on the Internet.

  1. Site Status

2.1. The site is a commercial Internet resource that represents a collection of information contained in an information system and ensures the availability of such information on the Internet at a network address.

2.2. All rights to the Site as a whole and to the use of the network address (domain name, subdomains, root subdomain) belong to the Site Administration. The latter provides access to the Site to all interested persons in accordance with this Agreement, the legislation of Ukraine and the norms of international treaties.

2.3. This Agreement establishes the conditions under which the rights to use information and results of intellectual activity (including, but not limited to, copyright developments of systematized information, audiovisual works and phonograms, graphic and design works, photographic works, other non-property rights) within individual sections of the Site belong to the Site Administration.

2.4. By accepting this Agreement, the User expresses his/her full consent and understanding that this Agreement applies to any Content and/or Service provided to the User through the Site. Persons over the age of 18 have the right to enter into this Agreement.

2.5. The currently existing Site, as well as any development thereof, or addition of new services to it, is the subject of this Agreement.

2.6. The User understands and agrees that all services of the Site are provided online in accordance with the current state of the Site, and that the Site Administration is not responsible for any delays, failures, deletion or failure to save any personal information due to power outages or Internet failures. All issues related to the purchase of appropriate equipment and setting up video communication on the Site are resolved by the User independently and are not subject to this Agreement.

  1. Site Administration

3.1. The Site Administration (previously and hereinafter referred to as the Site Administration, the Administration) in these Rules and other special documents posted on the Site means the individual entrepreneur Atorina Svitlana Ivanivna Spilne, registered in accordance with the legislation of Ukraine, taxpayer registration card number 2455302606. Location address: Ukraine, 41672, Sumy region, Konotop district, Karabutove village, Bohdana Khmelnytskyi street, house 39. Appeals, proposals and claims of individuals and legal entities to the Site Administration in connection with this Agreement and all issues regarding the functioning of the Site, violations of the rights and interests of third parties when using it, as well as for requests authorized by the legislation of Ukraine and international treaties, may be sent to the mailing address of the individual entrepreneur Atorina Svitlana Ivanivna specified in clause 3.1. of this Agreement.

3.2. Regarding the functioning and development of the Site, the Administration is guided by the legislation of Ukraine, the norms of international treaties, this Agreement and other special documents that have been developed or may be developed and adopted by the Site Administration in order to regulate the provision of certain Site services to Users.

3.3. No provisions of this Agreement grant the User the right to use the company name, trademarks, domain names and other distinctive signs of the Site Administration, and any others from the list of those present on the Site. The right to use the company name, trademarks, domain names and other distinctive signs of the Site Administration may be granted exclusively by written agreement with the Site Administration.

  1. User Status

4.1. The User's use of the Site is free and voluntary. The Administration provides the User with access to the information posted on the Site.

4.2. Users of the Site may be legal entities duly registered in accordance with the established procedure and/or individuals - Users who have accepted the terms of this Agreement, have reached the permissible age specified in clause 2.4. of this Agreement, have the appropriate powers and use certain services and resources of the Site within the period specified by the Administration.

4.3. When using the Site, the User is obliged to provide the Site Administration with the necessary reliable and up-to-date information for the formation of the application and further contact with the User, namely, full name and contact phone number.

4.4. The user is responsible for the reliability, relevance, completeness of the information provided and its cleanliness from claims of third parties during registration in accordance with the legislation of Ukraine and international treaties.

4.5. After providing the information specified in clause 4.3. of this Agreement and correctly and consistently performing all actions on the Site, a feedback request is created.

4.6. Upon registration, the User agrees to this Agreement and assumes the rights and obligations specified therein related to the use and functioning of the Site.

4.7. If the User provides inaccurate information or the Administration has reason to believe that the information provided is incorrect, incomplete or inaccurate, the Administration has the right to refuse to use the Site service without justifying the reasons for such refusal.

4.8. By accepting this Agreement by submitting an application on the Site, the User voluntarily confirms his/her consent to the processing of personal data provided to the Administration. Personal data is processed in accordance with the legislation of Ukraine. The Site Administration processes the User's personal data in order to provide users with Services, including research and analysis of such data, which allows for the maintenance and improvement, as well as the development of new services and sections of the Site.

  1. User rights and obligations

5.1. The User has the right, under the conditions set out on the Site:

  • Contact the Site Administration for consultation issues regarding the use of the Site service;
  • The ability to comment on the Site materials;

5.2. When using the Site Services, the User is obliged to:

  • comply with the provisions of the current legislation of Ukraine and other special documents of the Site Administration;
  • provide accurate and complete data when concluding this Agreement and providing consent to the processing of personal data;

5.3. In case of doubts about the legality of certain actions, including posting information or providing access, the Site Administration recommends refraining from such actions.

5.4. When using the Site, the User is strictly prohibited from:

5.4.1. mislead Users and the Site Administration about their identity, as well as disseminate any other false information;

5.4.2. Upload, store, publish, distribute or otherwise use any information that:

contains threats, discredits, insults, degrades honor and dignity or business reputation or

violates the privacy of other Users or third parties;

is vulgar or obscene, contains obscene language, contains pornographic photo-video materials, images, texts or scenes of a sexual nature; contains scenes of violence or inhuman treatment of animals; contains a description of means and methods of suicide, any incitement to commit it; promotes and/or contributes to inciting racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority; contains extremist materials; promotes criminal activity or contains advice, instructions or guides to committing criminal acts; contains information of restricted access, including but not limited to state and commercial secrets, information about the private life of third parties; contains advertising or describes the attractiveness of using narcotic substances, including “digital drugs” (sound files that act on the human brain due to binaural rhythms), information on the distribution of drugs, recipes for their manufacture and advice on use; is of a fraudulent nature; violates other rights and interests of citizens and legal entities or the requirements of the legislation of Ukraine, as well as the norms of international treaties.

5.4.3. Illegally upload, store, publish, distribute, provide access to, or otherwise use the intellectual property of the Site and third parties;

5.4.4. To send mass messages without the consent of the Administration and Users of the Site;

5.4.5. Use software and take actions aimed at disrupting the normal functioning of the Site and its services or personal pages of Users;

5.4.6. Upload, store, publish, distribute, make available or otherwise use viruses and other malicious programs;

5.4.7. Use automated scripts (programs) to collect information on the Site and/or interact with the Site and its services without special permission from the Site Administration;

5.4.8. By any means, including, but not limited to, fraud, breach of trust, hacking, attempt to gain access to the login and password of another User;

5.4.9. To carry out illegal collection and processing of personal data of other persons;

5.4.10. Access (attempt to access) any Services in any way other than through the interface provided by the Site Administration, except in cases where such actions have been expressly permitted to the User in accordance with a separate agreement with the Site Administration;

5.4.11. Reproduce, duplicate, copy, sell, trade and resell the Services and Information obtained from the Site for any purpose, except in cases where such actions have been expressly permitted to the User in accordance with the terms of a separate agreement with the Administration;

5.4.12. Place commercial and political advertising.

5.4.13. Post any other information that does not meet the goals of the Site, limits the interests of Users, or for other reasons is undesirable for posting on the Site.

5.5. The User is personally responsible for any information posted on the Site or communicated to other Users.

5.6. In case of disagreement of the User with this Agreement or its update, the User is obliged to refuse its execution by informing the Site Administration about this in the form of a written request.

  1. Rights and obligations of the Site Administration

6.1 The Site Administration has the right:

  • at its own discretion, make changes to this Agreement, provided that the amended Agreement is subsequently sent for approval by the User.
  • send the User information about the development of the Site and its services, as well as advertise its own activities and services in accordance with the current legislation of Ukraine.

6.2. The Site Administration undertakes to:

  • to protect the information provided by the User from unauthorized access, destruction of information posted by the User, as well as from other unlawful actions regarding such information by all technical means at its disposal;
  • in the event that the User posts information, the distribution of which is restricted or prohibited by the current legislation of Ukraine, as well as the norms of international treaties, either issue a warning to the User and delete such information, or delete the User's account, or apply one or more measures simultaneously;
  • provide all available information about the User to authorized state authorities in cases established by applicable law.
  • at the request of the User, provide information about the Services.

  1. Intellectual Property Terms

7.1. The Site Administration has exclusive rights to the Content posted on the Site.

7.1.1. All objects placed on the Site, including design elements, text, graphic images, illustrations, videos, scripts, programs, music, sounds and other objects and their collections (hereinafter referred to as the Content), are the objects of exclusive rights of the Administration, all rights to these objects are protected. All objects (Content) placed on the pages of the Site contain confidential information and are protected by the legislation of Ukraine, as well as the norms of international treaties.

7.1.2. Except as provided for in this Agreement, as well as the current legislation of Ukraine and the norms of international treaties, no Content may be copied (reproduced), processed, distributed, displayed in a Frame, published, downloaded, transferred, sold or otherwise used in whole or in part without the prior permission of the Site Administration as the copyright holder, except in cases where the Site Administration has expressed its consent to the free use of the Content in writing.

7.1.3. By posting Content legally owned by the User on the Site, the User grants other Users a non-exclusive right to use it by viewing and other rights solely for the purpose of personal, non-commercial use, except in cases where such use causes or may cause harm to the legally protected interests of the Site Administration.

7.1.4. The User's use of the Content, access to which is obtained exclusively for personal non-commercial use, is permitted provided that all copyrights or other notices of authorship are preserved, the author's name is preserved unchanged, and the work is preserved unchanged.

7.1.5. In addition to his own Content, the User does not have the right to upload or otherwise make publicly known (publish on the Site) the Content of other sites, databases and other results of intellectual activity in the absence of the consent of the copyright holder to such actions.

7.1.6. Any use of the Site or Content other than as permitted in this Agreement without the prior written permission of the copyright holder is strictly prohibited.

7.1.7. Nothing in this Agreement shall be construed as a transfer of exclusive rights to the Content.

7.2. The Site Administration may review the Site for prohibited Content and, without notice, remove or move any Content or Users at its sole discretion, for any reason or no reason, including moving or removing Content that, in the Administration's sole opinion, violates this Agreement and/or may violate the rights, cause harm, or threaten the safety of other Users or third parties.

7.3. Site and Third Party Content.

7.3.1. The Site contains or may contain links to other sites on the Internet (third-party sites).

7.3.2. The specified third parties and their Content are not checked by the Administration for compliance with any requirements of reliability, completeness, honesty, etc. The Administration is not responsible for any information posted on third-party sites to which the User gains access through the Site or through Third-Party Content, including, without limitation, any opinions or statements expressed on third-party sites or their content.

7.3.3. Links or rules posted on the Site for downloading files and/or installing third-party programs do not imply support or approval of these actions by the Administration.

7.3.4. A link to any site, product, service, or any information of a commercial or non-commercial nature posted on the Site does not constitute an endorsement or recommendation of these products (services) by the Administration.

7.3.5. If the User decides to leave the Site and go to third-party sites or use or install third-party programs, he does so at his own risk and from that moment these Rules no longer apply to the User. In further actions, the User should be guided by the norms and policies, including business practices, of those persons whose Content he intends to use.

  1. Operation of the Site and responsibility for its use

8.1. Users are responsible for their own actions in connection with the use of the Site in accordance with the current legislation of Ukraine and the norms of international treaties.

8.2. The site administration provides the technical ability to use the Site by Users, but does not control and is not responsible for the actions or inaction of any persons regarding the use of the Site.

8.3. The Site Administration does not engage in preliminary moderation or censorship of Users' information and has the right to take measures to protect the rights and interests of individuals and ensure compliance with the requirements of the legislation of Ukraine, as well as the norms of international treaties.

8.4. The Site Administration is not responsible for any violation of this Agreement by the User.

8.5. The Site Administration ensures the functioning and operability of the Site, but is not responsible for temporary failures and interruptions in the operation of the Site and the loss of information caused by them.

8.6. The Administration is not responsible for any damage to the User's or another person's computer, mobile devices, any other equipment or software caused by or related to downloading materials from the Site or via links posted on the Site.

8.7. Limitation of liability of the Site Administration:

  • The Site and its services, including all scripts, applications, content and design of the Site, are provided online in accordance with the current state of the Site. The Administration disclaims any guarantees that the Site or its services may or may not be suitable for specific purposes of use. The Administration cannot guarantee and does not promise any specific results from the use of the Site and/or its services;
  • To avoid misunderstandings, the User should exercise caution when downloading from the Site or using links posted on it and any files, including software. The Site Administration strongly recommends using only licensed software, including antivirus software;
  • By using the Site, the User agrees that he/she downloads any materials from or through the Site at his/her own risk and is personally responsible for the possible consequences of using the said materials, including any damage that may be caused to the User's computer or third parties, loss of data or any other damage;
  • The Site Administration or its representatives are not liable to the User or to any third parties for any indirect, incidental, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation, caused in connection with the use of the Site, the content of the Site or other materials to which the User or other persons gained access using the Site, even if the Site Administration knew or indicated the possibility of such damage.

The Site Administration makes every effort to preserve the information posted by users, but does not guarantee its preservation in the event of force majeure circumstances. The Site Administration does not verify the posted information and is not responsible for the compliance of the information with the legislation of Ukraine, as well as the norms of international treaties. The User fully understands and agrees that:

The Site Administration does not guarantee the absence of errors and malfunctions, including those related to the operation of the software. The Site Administration will make every effort to eliminate any malfunctions and errors, if they occur, as soon as possible.

The Site Administration reserves the right to delete or block access to information provided and/or posted by Users without notice in the event of:

  • obtaining binding decisions of government bodies, as well as on the basis of international law;
  • demands of the owner of copyright or related rights to cease violations of his rights by the User of the Site;
  • other violation of the rights or legitimate interests of other Site Users, legal entities and individuals upon their motivated request;
  • identifying information that is prohibited from being posted on the Site in accordance with this Agreement.

  1. Privacy

9.1. The Parties recognize as confidential any information received by the Parties from each other in the process of implementing this Agreement.

9.2. The Parties undertake not to disclose confidential information without the consent of the other Party, except in cases where such information must be transferred on legal grounds and in accordance with the justified requirements of competent state authorities in accordance with the legislation of Ukraine and the norms of international treaties.

9.3. Transfer of information to third parties or other disclosure of information recognized as confidential under this Agreement may only be carried out with the written consent of the other Party.

9.4. The Parties shall be liable for the disclosure of confidential information and the resulting damage in accordance with the legislation of Ukraine and the norms of international treaties.

  1. Final provisions

10.1. This Agreement constitutes an Agreement between the User and the Site Administration regarding the procedure for using the Site and its services.

10.2. This Agreement shall be governed and construed in accordance with the laws of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the laws of Ukraine, as well as the norms of international law.

10.3. In the event of any disputes or disagreements related to the implementation of this Agreement, the User and the Site Administration will make every effort to resolve them through negotiations between them. If disputes are not resolved through negotiations, disputes shall be resolved in accordance with the procedure established by the current legislation of Ukraine.

10.4. This Agreement shall enter into force from the moment of its approval and shall remain in force for an indefinite period.

10.5. This Agreement is drawn up in Ukrainian and may be provided to the User for review in another language. In the event of a discrepancy between the Ukrainian version of the Agreement and the version of the Agreement in another language, the provisions of the Ukrainian version of this Agreement shall apply.

10.6. If for one reason or another one or more provisions of this Agreement are declared invalid, this will not affect the validity of the other provisions of this Agreement.

By continuing to use this Site, you agree to the above, understand and consent to all terms.

By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency