PUBLIC AGREEMENT (OFFER)
This Public Agreement (hereinafter referred to as the “Agreement”) is an offer of an individual entrepreneur Kalamayko Dmitry Yuryevich, acting on the basis of an entry on state registration in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations number 2,480,000 0000 180,835, referred to in hereinafter the Rightholder, addressed to any person (an indefinite number of persons) who has accepted the terms of the Agreement, in the manner prescribed by paragraph 3.1 of the Agreement (hereinafter referred to as the User).
This Agreement, in accordance with Art. 633 of the Civil Code of Ukraine, is a public contract, the acceptance of the conditions (acceptance) of which is the commission of actions provided for by the Agreement.
1.1. The terms of the Agreement govern the relationship between the Copyright Holder and the User and contain the following definitions:
1.1.1. Offer - a public offer of the Copyright Holder addressed to any person to conclude a license agreement with him on the existing conditions contained in the Agreement. The agreement is published on the Internet at kinglex.com.ua.
1.1.2. Acceptance - full and unconditional acceptance by the User of the terms of the Agreement. The unconditional acceptance (unconditional acceptance) of the terms of this Agreement is the implementation of the actions specified in clause 3.1 of the Agreement.
1.1.3. The copyright holder is an individual entrepreneur Kalamayko Dmitry Yuryevich who placed the offer.
1.1.4. User - a legal or natural person who has entered into an Agreement by acceptance on the terms contained in the offer.
1.1.5. Internet site - a set of web pages hosted on a virtual server and forming a single structure located on the Internet at: kinglex.com.ua (hereinafter referred to as the Site).
1.1.6. The object of intellectual property is the Content of the Copyright Holder posted on the Website of the Copyright Holder, namely: the author's series of articles “Anti-Collector”.
1.1.7. A simple (non-exclusive) license is the User’s right to use the Intellectual Property Object with the right holder granting the right to issue licenses to other persons.
1.1.8. Account - contact data stored on the Site that allows you to identify and authorize the User and contains data about the User and his actions on the Site, including identification data for Authorization.
1.1.9. Authorization is the process of analyzing the identification data entered by the User, the results of which determine whether he has the right to use the Intellectual Property Object. The identification data for access to the Intellectual Property Object is determined necessary and sufficient in the form of a password and login (hereinafter also referred to as “Password” and “Login”).
2. Subject of the contract
2.1. The copyright holder grants the User the right to use the Intellectual Property Object, and the User acquires the right to use the Intellectual Property in the manner and on the conditions established by the Agreement.
3. The procedure for concluding a contract
3.1. Acceptance under the Agreement is the payment by the User of the invoice issued by the Copyright Holder for the payment of a license fee.
3.2. By accepting the offer in the manner specified in clause 3.1 of the Agreement, the User guarantees that he is familiar with, agrees, fully and unconditionally accepts all the conditions of the Agreement.
3.3. The User confirms that acceptance under the Agreement is equivalent to the conclusion of the Agreement on the conditions set forth in the Agreement.
3.4. The offer takes effect from the moment it is posted on the Internet at kinglex.com.ua and is valid until the offer is withdrawn.
3.5. This offer is placed in writing on the Site. If necessary, upon request, any person may be given the opportunity to familiarize themselves with the paper version of the Agreement at the office of the Copyright Holder.
3.6. After familiarization and acceptance by the User of the terms of the Agreement, the Copyright Holder shall register the User by creating an Account on the Site. Further use of the Intellectual Property Object is possible only upon successful User Authorization.
4. Rights and obligations of the parties
4.1. The copyright holder shall:
4.1.1. Within 2 days from the receipt of the acceptance, provide the User with the right to use the Intellectual Property Object.
4.1.3. To refrain from any actions that could impede the User’s right to use the Intellectual Property Object granted to him within the limits established by the Agreement.
4.1.4. Transfer to the User an Intellectual Property Object in the manner established by clause 5.8. Of the contract.
4.2. The user undertakes:
4.2.1. Use the Intellectual Property Object only within the limits of those rights and in the ways provided for in the Agreement.
4.2.2. Make payment under the Agreement in accordance with the terms of this Agreement.
4.2.3. Keep confidential and not disclose to third parties information about your password that gives access to the Intellectual Property Object. In the event that such information for one reason or another becomes known to third parties, the User undertakes to immediately notify the Copyright Holder.
4.2.4. Refrain from copying in any form, as well as from alteration, addition, distribution (including public demonstration of the Intellectual Property Object (or any part thereof), as well as refrain from creating derivative objects on its (her) basis without prior written permission The Copyright Holder, with the exception of taking actions that are covered by clause 5.4 of the Agreement, All exclusive rights to the Intellectual Property Object are inalienable and remain with the Copyright Holder in full.
4.3. The copyright holder has the right:
4.3.1. Suspend or terminate the registration and access of the User to the Site if the Rightholder reasonably believes that the User is conducting illegal activities.
4.3.2. In case the User violates the terms (methods) of the use of rights to the Intellectual Property Object under the Agreement, deprive the User of the right to use the Intellectual Property Object. Violation of copyright laws may also result in civil and criminal liability in accordance with Ukrainian law.
4.3.3. Unilaterally amend the Agreement by issuing new versions of the Agreement.
4.4. The user has the right:
4.4.1. After receiving the Intellectual Property, in accordance with the terms of the Agreement, use the Intellectual Property in the amount and manner established in the Agreement.
4.4.2. Refuse to execute the Agreement if the Copyright Holder refuses to transfer to the User the right to use the Intellectual Property Object under the Agreement in violation of the terms of the Agreement.
5.1. The user is granted the right to use the Intellectual Property Object with the right holder granting the right to issue licenses to other persons (simple (non-exclusive) license).
5.2. Use of the Intellectual Property Object by the User is not limited by the territory (the whole world).
5.3. The term for granting the right to use the Intellectual Property Object is 30 calendar days and is calculated from the moment the User takes actions to accept the Agreement, provided for in clause 3.1 of the Agreement.
5.4. The copyright holder grants the User the right to use the Intellectual Property Object in any reasonable way exclusively for personal non-commercial use in order to protect his rights.
5.5. The Intellectual Property Object can be used by the User in any objective form and on any medium, except when the Intellectual Property Object is the basis or main component of products distributed by the User on a reimbursable (commercial) basis.
5.6. The Rightholder reserves the right to use the Intellectual Property Object to the extent that the right to use is granted to the User.
5.7. The User does not submit to the Rightholder a report on the use of rights to the Intellectual Property Object under the Agreement.
5.8. The intellectual property object is transferred to the User in the following way: an access code is provided to the closed part of the Internet site in an SMS message to the number indicated by the User.
5.9. In accordance with the Agreement, the Copyright Holder transferred to the User, and the User accepts the rights to use the Intellectual Property at the time of conclusion of the Agreement, in the amount provided for by the Agreement.
6. The amount of remuneration
6.1. The amount of remuneration under the Agreement is determined based on the price located on the Internet site.
6.2. Method of payment under the Agreement: transfer by the User of funds in the currency of Ukraine (hryvnia) to the account of the Copyright Holder through the LiqPay payment system. At the same time, the obligations of the User in terms of payment under the Agreement are considered fulfilled from the day the funds are credited to the account of the Copyright Holder.
7.1. In order to fulfill the terms of the Agreement, the User agrees to provide and agrees to the processing of personal data in accordance with the Law of Ukraine of 06/01/2010 "On the Protection of Personal Data" on the conditions and for the purposes of proper execution of the Agreement. By “personal data” is meant personal information that the User provides about himself independently for making an acceptance.
7.2. The copyright holder guarantees confidentiality with respect to the User’s personal data and provides access to personal data only to those employees who need this information to fulfill the terms of the Agreement, ensuring that these persons observe the confidentiality of personal data and the security of personal data when processing them.
7.3. In the event that the User loses identification data (login / password) for access to the Intellectual Property Object, the User has the right to request this information from the Copyright Holder by sending a request through the Email to the Copyright Holder.
7.4. The information received by the Copyright Holder (personal data) is not subject to disclosure, unless its disclosure is mandatory under the laws of Ukraine or is necessary for the operation of the Site and its functions.
8. Responsibility of the parties
8.1. Parties are responsible for non-performance or improper performance of their obligations under the Agreement in accordance with the legislation of Ukraine.
8.2. The copyright holder does not accept responsibility for the compliance of the Intellectual Property Object with the purpose of use.
8.3. The use of the Intellectual Property Object in a manner not provided for by the Agreement, either upon termination of the Agreement or otherwise outside the rights granted to the User under the Agreement, shall entail liability established by law for violation of the exclusive right to the Intellectual Property Object.
8.4. The Copyright Holder is not responsible for any actions of the User related to the use of the granted rights to use the Intellectual Property Object; for damage of any kind incurred by the User due to the loss and / or disclosure of his data or in the process of using the Intellectual Property Object. Any information provided to the User is not legal advice and should not be considered a substitute for professional legal assistance.
8.5. The Copyright Holder shall not be liable and shall not compensate the User for losses caused by violations and / or errors in the operation of the Intellectual Property Object, resulting from unlawful actions of the User, his staff, or third parties.
8.6. The copyright holder is not responsible for technical interruptions in the operation of the Site. At the same time, the Copyright Holder undertakes to take all reasonable measures to prevent such interruptions.
9. The grounds and procedure for amending and terminating the contract
9.1. The copyright holder is entitled at any time to unilaterally (out of court) amend the terms of the Agreement. Changes to the terms of the Agreement shall enter into force from the moment of their placement in the manner established for the placement of the offer.
9.2. Termination of the Agreement unilaterally is possible at any time at the written request of each of the Parties within 10 calendar days from the date the Party receives such a request. A notice of unilateral cancellation of the Agreement shall be sent in writing.
9.3. After the termination of the Agreement, all rights to use the Intellectual Property Object will be voided. The User undertakes to immediately cease any use of the Intellectual Property.
10. Settlement of disputes from the contract
10.1. The claim procedure for pre-trial settlement of disputes from the Agreement is binding on the Parties.
10.2. The term for consideration of a claim letter is 20 business days from the date of receipt of the latter by the addressee.
11. Addresses and details of the parties
11.1. The copyright holder:
Kalamaiko Dmitry Yuryevich
Address 61064, Kharkov, st. Kamskaya 1, apt. 164