By using the Site, you are agreeing to these Terms. Please read them carefully. Do not use
or view the Site or
its
content, services or features if you do not understand or agree to the Terms.
Sometimes additional terms or requirements (including age requirements) may apply to your use of certain aspects
of
the Site or certain content, services or features of the Site (“Supplemental Terms”). The Supplemental Terms
will be
available with the relevant aspects of the Site, content services or features, and those Supplemental Terms
become
part of your agreement with us if you use or access them. If there is a conflict between the terms and
conditions of
these Terms and terms and conditions of the Supplemental Terms, the terms and conditions of the Supplemental
Terms
will take precedence with respect to your access to or use of those aspects of the Site. Other than with respect
to
this paragraph, the definition of Terms includes any Supplemental Terms, which are hereby incorporated herein.
If
the Terms conflict with any other applicable documents, these Terms will control your visit to, and use of, the
Site.
If you have any questions about the Terms, or if to report any violations of the Terms, please send us an email
at support info@infinitysite.com write us by sending a letter to1600 Amphitheatre Parkway Mountain View, CA ,
94043 US
Definitions
A “user” is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and
“your” refer to you, as a user of the Site. The terms “we” and “us” refer to Creativity of Mr Shevchenko.
“Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content”
means Content that you submit, post, or transmit to, or using, the Site, such as photos, comments, information
that you display as part of your account profile, or other commentary that you may submit, post, or transmit to
the Site, including by utilizing the tag “#Creativity of Mr Shevchenko”. “User Content” means Content that users
submit,
post, or transmit to the Site. “Creativity of Mr Shevchenko Content” means Content that is created by Creativity
of Mr Shevchenko and made
available on the Site. “Third Party Content” means Content that is made available on the Site by parties other
than Creativity of Mr Shevchenko or the users, such as advertisers, sponsors and data providers that license
data to Mr.
Shevchenko for use on the Site. “Site Content” means all of the Content that is made available on the Site,
including Your Content, User Content, Third Party Content, and Creativity of Mr Shevchenko Content.
By using the Site, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident
of the United States, (c) have not been previously suspended or removed from using the Site, or engaged in any
activity that could result in suspension or removal from using the Site, and (d) have full power and authority
to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
If you access any content on the Site that contains alcohol-related themes, products, or content, you represent
and warrant that you are 21 years of age or older and will not share, disclose, or disseminate any such content
to any person under 21 years of age. If you use the Site on behalf of a company, entity, or organization, you
must be an authorized representative with the authority to bind it to the Terms (which authority you hereby
exercise). Otherwise, you may not use the Site.
Changes
The Terms may be modified by Creativity of Mr Shevchenko at any time. When changes are made, we will notify you
by making the
revised version available on this webpage and will indicate at the top of this page the date that revisions were
last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any
such modification will be effective upon Creativity of Mr Shevchenko`s posting of new Terms. Your continued use
of the Site
after any posted modification to the Terms indicates your acceptance of any such modification and revised
versions of these Terms.
Your Privacy. At Creativity of Mr Shevchenko, we respect the privacy of our users. Please review the Privacy
Policy located
at https://bunchie.github.io/taras-shevchenko/, which is incorporated in these Terms.
Use of Site. The Site and its contents are provided for your convenience only. Creativity of Mr Shevchenko may
make changes
to the Site or its content, services or features at any time.
Subject to your compliance with these Terms, Creativity of Mr Shevchenko grants you permission to use the Site
for your
private, non-commercial purposes only. You will be exposed to User Content and Third Party Content on the Site.
Creativity of Mr Shevchenko does not endorse User Content or Third Party Content, and cannot vouch for its
accuracy.
Creativity of Mr Shevchenko attempts to provide complete, accurate and current information on the Site. Despite
our efforts,
the information on the Site may occasionally be inaccurate, incomplete or out of date. Creativity of Mr
Shevchenko makes no
representation as to the completeness or accuracy of any information on the Site . Creativity of Mr Shevchenko
may change the
contents available on the Site or the products mentioned on the Site at any time without notice.
Without prior written consent of Creativity of Mr Shevchenko , any content on the Site shall not be reproduced,
distributed,
photocopied, played, linked, framed or transmitted with super-links, loaded into other servers in a “mirroring
method”, stored in an information retrieval system, or otherwise used for any commercial purpose by any person
by any means. The Site content may be used, downloaded or reproduced for private and non-commercial purposes
only (provided however, that such use shall not include any revision to the content and the copyright notices
and other proprietary notices shall be retained in the same form and manner as on the original).
Restrictions on Use. You agree that you will not:
-
Use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person,
or
otherwise interfere with another user's use of the Site;
-
Use the Site to transmit or post spam, chain letters, contests, junk email , pyramid schemes, surveys,
or other
mass messaging, whether commercial in nature or not;
-
Use the Site for promotional or commercial purposes, except as expressly permitted by Creativity of Mr
Shevchenko ;
-
Use the Site in a manner that may create a conflict of interest, such as trading reviews with other
business
owners or writing or soliciting shill reviews;
-
Use the Site for keyword spamming or to otherwise attempt to manipulate search results;
-
Use the Site to promote bigotry or discrimination against protected classes;
-
Use the Site to violate any third-party right, including any breach of confidence, copyright, trademark,
patent,
trade secret, moral right, privacy right, right of publicity, or any other intellectual property or
proprietary
right;
-
Use the Site to transmit or post pornography, counterfeit or illegal content;
-
Use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
-
Use the Site in violation of the Terms or any applicable law;
-
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of,
publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content),
except
as expressly authorized by Creativity of Mr Shevchenko ;
-
Reverse engineer any portion of the Site, except as may be permit ted under the law;
-
Remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any
materials printed or copied off of the Site;
-
Record, process, or mine information about other users;
-
Use any robot, spider, site search/retrieval application, or other automated device, process or means to
access, retrieve, scrape, or index the Site or any Site Content;
-
Reformat or frame any portion of the Site;
-
Take any action that imposes, or may impose in our sole discretion, an unreasonable or
disproportionately large load on Creativity of Mr Shevchenko's technology infrastructure;
Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the
Site
through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer
viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");use any
device, software or routine that interferes with the proper working of the Site, or otherwise attempt to
interfere
with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any
computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or
otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere
with
any security-related features of the Site, features that prevent or restrict the use or copying of Site Content,
or
features that enforce limitations on the use of the Site.
As a condition of your use of the Site, you warrant and covenant that you will not use the Site for any purpose
that
is unlawful or prohibited by the Terms. You may not use the Site in any manner that could damage, disable,
overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not
obtain
or attempt to obtain any materials or information through any means not intentionally made available or provided
for
through the Site. You understand that using the Site for an illegal purpose or to transmit content that is
unlawful,
harassing, libelous, invasive of another's privacy, harmful, vulgar, obscene, or other wise objectionable, may
result in removal of content and/or terminate or suspend your ability to use the Site.
International Users. 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.
If you are providing any Content from any foreign country, you acknowledge and consent to such data and
information
being processed by Creativity of Mr Shevchenko and its service providers in the United States and other third
countries.
Permission to Use Your Content. You grant Creativity of Mr Shevchenko their revocable right to use Your Content
for any
purpose,
including but not limited to the right to reformat it, edit it, publish it, associate it with your account name,
incorporate it into other works, create derivative works from it, distribute it, promote it, and license these
same rights to third parties for use in connection with other media platforms ("Other Media").
You grant the Site's users and the users of any Other Media their revocable right to access Your Content in
connection with their use of the Site and any Other Media. You irrevocably waive, and cause to be waived, any
claims
and assertions of moral rights or attribution with respect to Your Content.
Responsibility for Your Content. You are solely responsible for Your Content. You assume all risks associated
with
use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any
disclosure
by you of information in Your Content that makes you personally identifiable. You represent that you own, or
have
the necessary permissions to use, and authorize the use of Your Content as described herein. You may not imply
that
Your Content is in any way sponsored or endorsed by Creativity of Mr Shevchenko .
Because you alone are responsible for Your Content (and not Creativity of Mr Shevchenko ), you may expose
yourself to
liability
if, for example, Your Content violates a third party's rights, including any copy right, trademark, patent,
trade
secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful,
including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the
violation of any law or regulation.
Use of Content. Creativity of Mr Shevchenko may or may not use User Content in its sole discretion. For example,
we may
choose
not to publish User Content if we believe it violates the Terms or content guidelines. In addition, please note
that
we have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any
confidentiality
with respect to Your Content.
Creativity of Mr Shevchenko and its licensees may display advertisements and other information adjacent to or
included with
Your
Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The
manner,
mode and extent of such advertising are subject to change without specific notice to you.
Copyright Dispute Policy. Creativity of Mr Shevchenko has adopted the following policies and procedures toward
copyright
infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital
Millennium Copyright Act ("DMCA"). The address of Creativity of Mr Shevchenko ’s Designated Agent to Receive
Notification of
Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is Creativity of Mr
Shevchenko ’s
policy
to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the
accounts of those determined by Creativity of Mr Shevchenko to be "repeat infringers".
Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that
your copyright is being infringed in connection with the Site, please send a written notification to the
Designated Agent detailing the alleged infringement. Your written notification must include:
-
Identification of the copyrighted work that you claim has been infringed;
-
Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue,
and information reasonably sufficient to permit Creativity of Mr Shevchenko to locate such Content;
-
A statement by you that you have a good faith belief that the use of the Content identified in your
notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
-
A statement by you that you attest, under penalty of perjury, that the information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
-
Your physical or electronic signature, together with your contact information (address, telephone number
and, if available, email address);
Please note that you may be subject to liability under Section 512(f)of the DMCA if you materially misrepresent
that content on the Site infringes your copyright.
Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that Content has been mistakenly
removed from the Site pursuant to this DMCA policy here in, you may send a written counter-notice to the
Designated Agent including the following:
-
Identification of the Content that was removed, and the location on the Site where it would have been
found prior to its removal;
-
A statement under penalty of perjury that you have a good faith belief that the Content was removed as a
result of a mistake or misidentification;
-
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district
in which your address is located, or if your address is located outside the United States, for any
judicial district in which Creativity of Mr Shevchenko is located, and that you will accept service of
process from
the person who provided notification under section 512(c)(1)(C) of the DMCA or an agent of such person;
-
Your physical or electronic signature, together with your contact information (address, telephone number
and, if available, email address).
Address for Designated Agent. Please contact the Designated Agent at the following address:
Copyright Agent, Creativity of Mr Shevchenko
E-mail: info@infinitysite.com
Address: 1600 Amphitheatre Parkway, Mountain View, CA, 94043 US
The Designated Agent should only be contacted in connection with the issues raised in this section of the Terms.
All other inquiries directed to the Designated Agent will not be responded to; instead, such inquiries should be
made through the procedures referenced below.
Unauthorized Access. Creativity of Mr Shevchenko reserves the right to exercise whatever lawful means it deems
necessary to
prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP
mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Investigations. Creativity of Mr Shevchenko is under no obligation to monitor the Site or Site Content. However,
we reserve
the right to investigate possible violations of the Terms, block users from the Site, and refer matters to law
enforcement authorities for further investigation. Creativity of Mr Shevchenko may disclose information to third
parties,
including Your Content, in accordance with its Privacy Policy.
Feedback
Dissatisfaction. If you are dissatisfied with the Site, please let us know by providing feedback to the customer
support team through our contacts page. Your input is valuable to us. Your only other remedy with respect to any
dissatisfaction with (i) the Site, (ii) the Terms, (iii) any policy or practice of Creativity of Mr Shevchenko
in operating
the Site, or (iv) any content or information transmitted through the Site, is to discontinue using the Site.
Suggestions and Improvements. By sending us any ideas, suggestions, documents and/or proposals ("Feedback"), you
agree that (i) your Feedback does not contain any confidential or proprietary information of third parties, (ii)
we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) a
proposal similar to the Feedback may already under consideration or in development, and (iv) you grant us an
irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and
sublicense the Feedback.
Termination. Creativity of Mr Shevchenko may terminate or suspend your ability to use the Site, in whole or in
part, at Mr.
Shevchenko ’s sole discretion, for any or no reason, and without notice or liability of any kind. For example,
we may terminate or suspend your ability to use the Site if you breach the Terms or are suspected of involvement
in illegal activity. Any such termination or suspension could prevent you from accessing the Site, Your Content,
Site Content, or any other related information.
In the event of any termination, whether by you or us, other than section 4 of the Terms, the Terms will
continue in full force and effect, including Creativity of Mr Shevchenko ’s rights with respect to Your Content.
Ownership
Creativity of Mr Shevchenko owns the Creativity of Mr Shevchenko Content, including but not limited to visual
interfaces, interactive
features, graphics, design, compilation, computer code, products, software, and all other elements and
components of the Site excluding User Content and Third Party Content. Creativity of Mr Shevchenko also owns the
copyrights,
trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the
"IP Rights") associated with the Creativity of Mr Shevchenko Content and the Site, which are protected by
copyright, trade
dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such,
you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any
way exploit, any of the Creativity of Mr Shevchenko Content in whole or in part except as expressly authorized
by Mr.
Shevchenko. Except as expressly and unambiguously provided herein, Creativity of Mr Shevchenko does not grant
you any express
or implied rights, and all rights in and to the Site and the Creativity of Mr Shevchenko Content are retained by
Mr.
Shevchenko . “ Creativity of Mr Shevchenko ” is a proprietary service mark of Creativity of Mr Shevchenko .
Material Provided to Creativity of Mr Shevchenko or Posted on the Site. Creativity of Mr Shevchenko does not
control all of the content
posted via the Site and does not guarantee the accuracy, integrity or quality of such content. All content
posted via the Site must adhere to this Terms of Service. Creativity of Mr Shevchenko reserves the right to
delete or remove
any content that, in its sole discretion is not consistent with this Terms of Service. You understand that by
using the Site, you may be exposed to content that is offensive, indecent or objectionable. Under no
circumstances will Creativity of Mr Shevchenko be liable in any way for any content, including, but not limited
to, for 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 or otherwise transmitted via the Site.
You acknowledge that Creativity of Mr Shevchenko does not pre-screen content, but that Creativity of Mr
Shevchenko and its designees shall
have the right (but not the obligation) in their sole discretion to refuse or move any content that is available
via the Site. Without limiting the foregoing, Creativity of Mr Shevchenko and its designees shall have the right
to remove
any content that violates the Terms or is deemed by Creativity of Mr Shevchenko , in its sole discretion, to be
otherwise
objectionable. 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 Creativity of Mr Shevchenko or submitted to
Creativity of Mr Shevchenko,
including, without limitation, information in Creativity of Mr Shevchenko events section, and in all other parts
of the Site.
Creativity of Mr Shevchenko does not claim ownership of the content or materials you provide to Creativity of Mr
Shevchenko or post,
upload, input or submit to the Site (collectively “Submissions”), unless otherwise specified. However, by
posting, uploading, inputting, providing or submitting your Submissions you are granting Creativity of Mr
Shevchenko , its
affiliated companies, necessary sublicensees and successors and assigns a nonexclusive, worldwide, royalty free,
perpetual, non-revocable license to use your Submissions in connection with the operation of the Site,
including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your
Submissions.
You also hereby grant Creativity of Mr Shevchenko and those acting on behalf of Creativity of Mr Shevchenko ,
the irrevocable unrestricted
right to (i) use all content, including your postings, manners now or hereafter known, without compensation of
any kind and without restriction as to changes or alterations, for advertising, promotion, exhibition, or other
lawful purposes. You hereby waive any right to inspect or approve any such content or materials produced or any
finished products incorporating such content or materials. You hereby release and hold harmless Creativity of Mr
Shevchenko
from any damages or liability relating to or arising from any use of or modification or alteration to any such
content or materials, including but not limited to claims for invasion of privacy or libel. You understand and
agree that Creativity of Mr Shevchenko uses such content or materials on the basis that you have agreed to and
are bound by
the Terms.
You acknowledge and agree that Creativity of Mr Shevchenko may preserve content and may also disclose content if
required to
do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the Terms; (c) respond to claims that any content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety of Creativity of Mr Shevchenko , its
users and the
public. You understand that the technical processing and transmission of the Site, including your content, may
involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
Limitations on Service. You acknowledge that Creativity of Mr Shevchenko may establish limits concerning use of
the Site,
including the maximum number of days that Content will be retained by the Site, the maximum number and size of
postings, email messages, or other Content that may be transmitted or stored by the Site, and the frequency with
which you may access the Site. You agree that Creativity of Mr Shevchenko has no responsibility or liability for
the deletion
or failure to store any Content maintained or transmitted by the Site. You acknowledge that Creativity of Mr
Shevchenko
reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice,
and that Creativity of Mr Shevchenko shall not be liable to you or to any third party for any modification,
suspension or
discontinuance of the Site.
Warranties, Disclaimers, and Limitations of Liability
THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "ASIS" BASIS. MR.SHEVCHENKO MAKES NO WARRANTIES,
REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND
FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND
IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS
INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT,
INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. MR.SHEVCHENKO
FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM MR.SHEVCHENKO OR THE
SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
MR.SHEVCHENKO DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE,
OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF
MR.SHEVCHENKO OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
MR.SHEVCHENKO FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND
SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR
COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
MR.SHEVCHENKO ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS
WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH
BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, HOWEVER, MR.SHEVCHENKO RESERVES THE RIGHT
(BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND THEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED
WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT
PERMITTED UNDER APPLICABLE LAW.
MR.SHEVCHENKO ’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF
ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER
REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO LOCAL GUILD IN
CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $100.00.
Indemnity.
You agree to indemnify and hold Creativity of Mr Shevchenko , its parents, subsidiaries, affiliates, any related
companies,
suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of
them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due
to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms, or (iii) the
infringement by you, or any third party using your account, of any intellectual property or other right of any
person or entity. Creativity of Mr Shevchenko reserves the right, at your expense, to assume the exclusive
defense and
control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of
these claims. You agree not to settle any matter without the prior written consent of Creativity of Mr
Shevchenko. Mr.
Shevchenko will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware
of it.
Third Parties.
The Site may include links to other websites(each, a "Third Party Site"). Creativity of Mr Shevchenko does not
control or
endorse any Third Party Site, and you agree that Creativity of Mr Shevchenko is not responsible for the
availability or
contents of such Third Party Sites.
Dealings with Advertisers:
Your correspondence or business dealings with advertisers or promoters found on or through the Site, including
payment and delivery of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such advertiser. You agree that Mr.
Shevchenko shall not be responsible or liable for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers on the Site.
Hyperlinks to Third Party Websites:
The Site may provide, or third parties may provide, links to other sites and resources on the Internet. Because
Creativity of Mr Shevchenko has no control over such sites and resources, you acknowledge and agree that
Creativity of Mr Shevchenko is
not responsible for the availability of such external sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, events, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that Creativity of Mr Shevchenko shall not 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 such content, events, goods or services available on or through any such hyperlinked
site or resource.
Miscellaneous
If there is any dispute about or involving the Site or Creativity of Mr Shevchenko , you agree that any such
dispute will be
governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to
personal jurisdiction by and venue in the Supreme Court of the State of New York, County of New York, or other
competent court of the State of New York of general jurisdiction if monetary thresholds require.
No agency, partnership, joint venture, or employment is created as a result of the Terms, and you do not have
any authority of any kind to bind Creativity of Mr Shevchenko in any respect whatsoever.
Creativity of Mr Shevchenko may provide you with notices, including those regarding changes to the Terms by
email, regular
mail or postings on the Site.
Except as otherwise stated above, nothing herein is intended, nor will be deemed, to confer rights or remedies
upon any third party.
The Terms contain the entire agreement between you and Creativity of Mr Shevchenko regarding the use of the
Site, and
supersede any prior agreement between you and Creativity of Mr Shevchenko on such subject matter. The parties
acknowledge
that no reliance is placed on any representation made but not expressly contained in these Terms.
The failure of Creativity of Mr Shevchenko to exercise or enforce any right or provision of the Terms shall not
constitute a
waiver of such right or provision. The failure of either party to exercise in any respect any right provided for
herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and
enforceable.
The Terms are not assignable, transferable or sublicensable by you except with Creativity of Mr Shevchenko’s
prior written
consent, but may be assigned or transferred by Creativity of Mr Shevchenko without restriction. Any assignment
attempted to
be made in violation of the Terms shall be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.