Terms of Use

Before using ELMY sites or/and ELMY applications every user should carefully read this Terms of Use. The use of ELMY sites or/and ELMY applications constitutes the User agrees with the terms and conditions of this Terms of Use, that is the full and unconditional acceptance of its terms and conditions.

1. Terms definition
1.1. For the purposes of this Privacy Policy terms are understood as follows:
1.1.1. Site – (both together and separately) ELMY sites and ELMY applications.
1.1.2. ELMY sites – the websites which are located on the Internet at the following addresses:
- https://www.elmy.com/;
- https://www.elmy.ua/;
- https://www.elmy.co/;
- any other Website of the Owner.
1.1.3. ELMY applications - the following computer programs (both together and separately):
- ELMY computer program for the Android system;
- ELMY computer program for IOS system;
- any other ELMY Owner's computer programs.
1.1.4. The site administration – the Site owner authorized staff for the Site management, who organize and/or carry out individuals and/or legal entities personal data processing.
1.1.5. User – an individual and/or legal entity, which uses the Site.
1.1.6. Account - a record containing User authentication data (login and password) required for identification of the User while using the Site.
1.1.7. Cookies — a small piece of data sent by a web server and stored on the User's computer that the web client or web browser sends every time the web server in the HTTP-request when the User tries to open the relevant page of the site. Cookies do not contain personal data and may be blocked by the User at any time.
1.1.8. IP-адрес — a unique network address of a node in a computer network built on IP protocol.
1.1.9. The content of the Site (hereinafter – the Content) - protected results of intellectual activity including texts, their titles, prefaces, annotations, articles, illustrations, cover art, musical works with or without text, graphics, text, photographic, derivatives, composite and other works, user interfaces, visual interfaces, the name of commodity signs, logos, computer programs, databases, as well as the design, structure, selection, coordination, appearance, overall style and layout of the Contents, which is part of the Site and other intellectual property collectively and/or individually which contained the Site.

2. General conditions. The subject of the Terms of Use
2.1. The subfect of this Terms of Use is regulation of the relations between the site administration and the User of this Site concerning the usage of the Site and/or its services.
2.2. The use of the Site constitutes the User agrees with the terms and conditions of this Terms of Use, that is the full and unconditional acceptance of its terms and conditions.
2.3. In case of disagreement with the terms of the Terms of Use the User should stop using the Site.
2.4. The terms and conditions of this Terms of Use are binding for all the Users of the Site.
2.5. This Terms of Use applies to all ELMY applications and/or ELMY sites, including, but not limited to:
- http://www.elmy.com/;
- http://www.elmy.com.ua/;
- http://www.elmy.co/;
- ELMY computer program for the Android system;
- ELMY computer program for IOS system.
2.6. The different Terms of Use may apply for some ELMY applications and/or ELMY sites.
2.6.1. If the respective ELMY site and/or ELMY application will have a different Terms of Use, you are warned that its privacy policy differs from this Terms of Use by placing such a terms of use on the respective ELMY site and/or ELMY application.
2.6.2. When using the ELMY sites and/or ELMY applications please check terms of use of each of the ELMY sites and/or ELMY applications you visit.
2.7. This Terms of Use applies only to this Site. The site does not control and is not responsible for third-party sites to which the User can go to links provided on the Site.
2.8. The Site is not intended for use by children under the age of fourteen.
2.9. The site administration reserves the right to make any changes to all and/or any of the terms of this Terms of Use unilaterally, and the User undertakes to monitor changes in this Terms of Use regularly. The changes of this Terms of Use will be published on the Site. All changes of this Terms of Use shall be binding on the User from the date of their publication, unless otherwise provided in the Terms of Use.
2.10. The Privacy policy is an appendix and an integral part of this Terms of Use. You can find the privacy policy by the following link ______________.
3.3. This Terms of Use is a public offer. By accessing the Site the User is considered to be acceded to this Terms of Use.

3. Rights and obligations of the parties
3.1. The site administration has the right:
3.1.1. to change this Terms of Use and to change the content of the Site. The changes comes into force from the moment of publishing the new redaction of the Terms of Use on the Site except as otherwise provided by this Terms of Use;
3.1.2. to restrict access to the Site in the case of violation by the User of this Terms of Use;
3.1.3. without advance notice to change the amount of payment for the paid services of the Site.
3.2. The User has the right:
3.2.1. to get an access to the Site and/or to get an access to the paid services after registration and payment;
3.2.2. to use all the Site services and tools provided free of charge;
3.2.3. to use all the Site services and tools provided for a fee only after payment;
3.2.4. to ask any questions about Site services using the form “Feedback” on the Site;
3.2.5. to use the Site exclusively for the purposes and in the manner provided for by the Terms of Use;
3.3. The User is obliged:
3.3.1. to give more information which is directly related to the services provided on this Site on the request of the site administration;
3.3.2. to observe the economic and moral intellectual property rights of authors and other copyright holders when using the Site;
3.3.3. do not take any actions that may be considered as violating the normal operation of the Site;
3.3.4. not to spread through the Site any confidential information about individuals or legal entities;
3.3.5. to avoid any actions that may violate the confidentiality of information provided for a fee;
3.3.6. not to use the Site for the dissemination of promotional information, except with the consent of the site administration;
3.3.7. Not to use the Site services on purpose:
3.3.7.1. uploading, posting, transmitting and/or any other way content is published, which is illegal, violates any rights of third parties; promote violence, cruelty, hatred and / or discrimination based on race, nationality, sex, religion, social grounds; It contains false information and / or insults to specific individuals, organizations and governments;
3.3.7.2. inducement to commit illegal acts as well as assistance to persons whose actions are aimed at violation of the limitations and restrictions in force in the country of the User;
3.3.7.3. violations of the rights of minors and / or causing harm in any form;
3.3.7.4. infringement of the rights of minorities;
3.3.7.5. impersonate another person or company representative and/or community without sufficient rights, including for employees of the Site;
3.3.7.6. misleading with respect to performance and/or statistics posted on the Site;
3.3.7.7. incorrect comparison of the characteristics and/or statistics posted on the Site as well as formation of negative attitudes towards persons (not) enjoying the services of the Site or judgment of such persons.
3.4. The User is forbidden:
3.4.1. to use any device, software, procedures, algorithms and techniques, automated devices and / or equivalent manual processes to access, acquisition, copy and/or tracking Content;
3.4.2. disrupt the proper functioning of the Site;
3.4.3. to circumvent in any way the navigational structure of the site to obtain and / or attempt to obtain any information, documents and / or materials by any means, which are not specifically represented by the services of the Site;
3.4.4. to access unauthorizing to the Site features, any other systems and / or networks related to this Site, as well as to any services offered on the Site;
3.4.5. to violate system security and/or authentication on the Site and/or any network related to the Site;
3.4.6. to perform a reverse search, track, and/or try to keep track of any information on any other users of the Site;
3.4.7. to use Site and/or its Content for any purpose prohibited by law, as well as to incite any illegal activities and/or other activity in violation of the rights of the Site and/or other persons.

4. The use of the Site
4.1. The site administration declares to Users and third parties, that the shell of the Site, its design, program codes, algorithms, programs, etc. are subject of exclusive intellectual property rights of the owner of the Site and/or other rights holders. Any unauthorized use shall entail responsibility according to the legislation of Delaware State, USA and the rules of international treaties.
4.2. The User acknowledges and agrees that the Site may contain software, trademarks, audiovisual works, as well as other objects of intellectual property rights, the rights of which belong to the owner of the Site and/or by third parties and may not be used without prior consent of the owner of the Site and/or other rights holders.
4.3. All the objects displayed on the Site, including design elements, text, graphics, illustrations, videos, software, databases, software codes and work algorithms, music, sounds and other objects of intellectual property, as well as any content hosted on Site services are subject to the exclusive property of the owner of copyright of the Site and/or other rights holders in accordance with the current legislation of Delaware, USA and international treaties.
4.4. The use of the content as well as any other elements of the Site is possible only within the framework of functional proposed one or another site service. No part of the content of services of the Site or any content posted on the Site's service cannot be used otherwise without the prior permission of the owner of the Site and/or other right holders. By using understands reproduction, copying, processing, distribution on any support etc.
4.5. The User agrees not to reproduce, copy, modify, sell, communicate to the public, distribute content and Site program, fully and/or in parts.
4.6. The site administration grants the User non-exclusive and non-transferable to third parties right to use the software provided under the services of the Site, on a single computer, provided that neither the User nor any other person with the assistance of the User will not copy and/or modify this software security; create a derivative work of the software; enter into the software to produce software codes; sell, assign, lease, transfer to third parties in any other form of rights to the software provided by the User under this Terms of Use.
4.7. The Site and the Content of the Site owned and managed by the site administration.
4.8. The purchase of the extended functionality offered on the Site will require the creation of User accounts.
4.9. The User is personally responsible for maintaining the confidentiality of the account data, including the password and for any and all activities that are conducted on behalf of the user account.
4.10. The User should immediately inform the site administration of any unauthorized usage of his password or account or any other breach of security.
4.11. The site administration has the right to unilaterally cancel the User's account with both paid and free access rights.
4.12. This Terms of Use extends to any additional terms and conditions on a paid subscription to the content and services provided on the Site.
4.13. All matters relating to payments for the use of the services of the Site, decides payment provider. The site administration does not bear responsibility for the timely receipt, payment enrollment, etc. for the use of the services of the Site. In case of any claims on the money transfer, etc. the User makes such a claim directly to the relevant payment provider.
4.14. The site administration has the right to send emails, SMS messages and/or any other messages to the User using data that has been provided by the User at the registration and/or use of the Site.
4.15. The site administration has the right to upload to the Users computers cookies and/or store data in HTML5 Local Storage (if the User has not limited this possibility in the browser), as well as to receive, store, process and use the information contained in the cookies.
4.16. The site administration has the right at any time without notification to make changes in the structure and volume of the content offered on the Site for a fee or free of charge.
4.17. The fact that the User uploads to the Site the photo and/or video files is an unconditional and irrevocable consent of the User for using such photo and/or video files by the Site administration.
4.17.1. When uploading relevant photos and/or videos to the Site the User grants the Site administration the exclusive proprietary IP rights to use such photo and/or video files.
4.17.2. The User is solely responsible in the event that the exclusive IP rights to use the respective photos and/or video files belong to third parties and could not be transferred by the User. The Site administration is not responsible for any infringement of the intellectual property rights of any third parties in the photo and / or video files uploaded by the User to the Site.
4.18. The user of payment services of the Site has the right to have a photo shoot from the Owner on preferential terms offered by the Owner. In the event that this user has used such a service, it grants the Owner the full and exclusive right to use the photographs containing this user's images in any manner and for any purpose (excluding pornography and discrimination). Granting of such consent occurs automatically at the moment of the user's agreement to receive a photo session from the Owner and / or other persons indicated by the Owner on preferential terms.
4.18.1. This User grants the Owner a full and exclusive right to publish, republish, publish and / or otherwise use photographs without restriction in the changes made in the photographs, including (but not limited to):
- both fully and fragmentarily;
- as part of another image / video, composition, etc .;
- both in original and in perverted form;
- both in color and in monochrome;
- both under my present and under an assumed name;
- on any media / equipment;
- in any format;
- using optical illusions;
- Using retouching;
- etc.
4.18.2. This User grants the Owner a full and exclusive right to publish, republish, publish and / or otherwise use photographs of advertising, marketing, trading, etc. aim, with the exception of pornography and / or discrimination.
4.18.3. In the event that this User attracts any third parties to participate in the photo session, this User guarantees to the Owner the full and unconditional consent of such third parties with all the provisions of clause 4.13, clause 4.13.1 - 4.13.3 of these Rules and carries all and any liability to such third parties persons in the event of any violation of the rights of these third parties. The owner is not liable to such third parties.
4.19. The Site administration has the right to change the content of the User profile at his own discretion, including, but not limited to, adding a photo to the User's profile.
4.19.1. The User has the right to delete the content that has been added by the Site administration in the User profile.
4.19.2. The User has no right to use photographs, other content that has been added by the Site administration to the User's profile in all and/or any other resources (including, but not limited to, social networks, other applications, media, the Internet). All and any intellectual property rights to such photographs, other content belong to the Site administration in its entirety and in no case shall in any way be transferred entirely and/or partially to the User. In case of violation of the requirements of this clause, the User is liable in accordance with the current legislation of Delaware State, USA.

5. The responsibility
5.1. The services, the results of the algorithms and other content is given by the Site gives to Users on an "AS IS" and "AS AVAILABLE." The site administration is not responsible for any direct, indirect, incidental, special or punitive damages, including (but not limit to) damages related to loss of profits, damage to goodwill, loss of data and other types of non-pecuniary damage.
5.2. The site administration openly renounces explicit and implicit warranties and conditions of any kind.
5.3. The site administration does not guarantee that the information received on the Site on the paid and/or free of charge will meet the requirements of the User; services and the Site will function constantly, securely and without errors; the results obtained with their help will be accurate and reliable; the quality of the information obtained for a fee and/or free of charge will meet user expectations; defects and errors in the Site will be corrected.
5.4. The site administration is not responsible for:
5.4.1. delays and/or failures in the course of the transaction, resulting from force majeure and any malfunction in telecommunications, computer, electrical and/or any other related systems;
5.4.2. actions transfer systems, banks, payment systems and for delays associated with their work;
5.4.3. the proper functioning of the Site if the User does not have the necessary technical means to use it and does not assume any obligation to provide the User with such means.
5.5. The site administration has the right to decline and/or block the access to the Site without the User’s advance notice in case:
- the User violates this Terms of Use or other documents which regulate the conditions of the Site using;
- termination of the Site or because of a technical problems.
5.6. The site administration will be not responsible to the User or any third party for denying the access to the Site in case of violate by the User any condition of this Terms of Use or any other document which contain the conditions of the Site using.
5.7. The site administration will be not responsible for the User’s actions to any third party, including (but not limited to) the competent public authorities of relevant countries.

6. Resolution of disputes
6.1. If any dispute cannot be solved by means of negotiations, it will be solved in a judicial proceeding.
6.2. The parties have agreed the disputes shall be considered in Delaware State, USA.
6.3. All disputes will be solved in a judicial proceeding in accordance with substantive and procedural law of Delaware State, USA.

7. Other conditions
7.1. This Terms of Use comes into force from the date of its posting on the Site and is valid until the date of its change by the site administration in accordance with the procedure provided for in this Terms of Use.
7.2. The absence of a paper copy of the Terms of Use with signatures of the Parties is not a reason to consider the Terms of Use non-concluded and/or invalid.
7.3. The section/article headings of this Terms of Use are used for convenience only and in no way define or interpret them.
7.4. The using of the Site by the User demonstrates the User’s full understanding of this Terms of Use subject and terms.
7.5. Everything that is not settled by the Terms of Use is governed by the Privacy Policy, the current legislation of Delaware State, USA and international treaties.

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