Terms and Conditions of Use of the Kivitu.com Website
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Below you will find the legal agreement to be concluded by the User with the Administration of the Website (hereinafter referred to as the Administration), based on which the User uses the information and services provided by the Website as well as its mobile applications in App Store and Google Play Store. These Terms and Conditions consist of the following Sections:
- Terms and Definitions
- General Rules and Conditions.
- Website Content.
- Partner Registration and Security.
- Waiver of Warranties and Limitation of Liability.
- Other Terms and Conditions
1. Terms and Definitions
User is any individual who accesses the Website, uses the resources of the Website on the Internet.
Website is a collection of software and hardware with a unique address on the Internet along with information resources that provide unlimited access to these information resources and other information services through the Internet. The website is located on the Internet at a unique URL https://kivitu.com, including the mobile version of the Website at a unique URL https://kivitu.com, as well as its sub-domains and versions for other hardware platforms.
Content is the information content of the Website, which is mainly targeted at the children's audience consists of graphic, textual, audio, video, photo and other materials that are posted on the Website by the Administration and the Partners of the Website. The Administration, at its own discretion, may restrict access to all or certain Contents for unregistered Users.
Partner is a user who is registered under the SeeZis Net Affiliate Program and can add Contents to the Website.
Mobile Application is software designed to work on smartphones, tablets and mobile devices.
2. General Rules and Conditions
2.2. The Administration may amend these Terms and Conditions at any time by posting the amended Terms and Conditions without prior notice to the Users. The user should view these Terms and Conditions each time they log on to the Website to become aware of the changes made to them.
2.3. If any provision contained in these Terms and Conditions is unacceptable to you, please stop using the Website. Further use confirms the User's agreement with these Terms and Conditions, including changes made to them.
2.4. In accordance with the Civil Law of Ukraine, these Terms and Conditions are a public offer and addressed to an indefinite circle of persons, regardless of status (individual, legal entity, private entrepreneur).
2.5. The Administration may at any time without notification of the Users, without liability, change, suspend or terminate access to the whole Website or to some of its resources, including access to any information, databases and/or Contents, and impose restrictions on certain functions of the Website and/or its resources.
2.6. Use of the functions, resources and Content of the Website by the User or Partner means their unconditional acceptance of all items of these Terms and Conditions, including all their amendments and supplements.
2.7. These Terms and Conditions are the same for everyone and relate to all persons using the Website, including Partners who also provide Contents for the Website.
2.8. A person under the age of majority undertakes to ask parents permission to view this Website, in accordance with the Children’s Online Privacy Protection Act (COPPA).
The Administration does not collect personal data of persons who have not reached adulthood.
3. Website Content
3.1. The content of the Website does not contain age restrictions, and is allowed to be viewed by persons of any age.
3.2. Regarding Content, the Administration prohibits the Partners to upload, distribute and publish the Content, which contains the materials of the nature as follows:
- Nude figures and materials with sexual content.
- Discriminatory materials.
- The Administration shall protect the rights of the Users and prohibits any manifestations of hatred thereof, notwithstanding any peculiarities. Such manifestations shall mean the materials in any kind, calling for violence and hatred towards certain people and groups of people on definite grounds, in particular and without prejudice to that generality, because of ethnicity and national affiliation, religions views, disability, sexual identity or age.
- Any Content, which is published for the purpose of rousing hatred towards a certain group of people or contains direct appeals to the discrimination, shall constitute a violation of these Terms and Conditions.
- Hazardous and dangerous content, which contains materials, provoking violence, as well as commission of dangerous or illegal actions, able to result in serious injuries or fatal outcomes.
- The Administration considers the materials to be dangerous and hazardous for the Website as follows: video, calling for illegal actions or describing such actions, for example, dangerous games, preparation of explosive substances and weapon, drugs and other products and substances, which can cause serious damage for health’s sake, as well as the scenes of causing of harm to children.
- Naturalistic content.
- Among such materials there are naturalistic scenes of violence and cruelty, demonstration of terrorism, or materials with age restrictions.
- Content, which contains obscenities.
- In the opinion of the Administration, such a Content includes disclosure of any personal information, including confidential identification data, conscious publication of content for the purpose to humiliate the third party, publication of offensive video records about the third party, sexual misconduct towards the third party, appeals to the humiliation of the third party, or
- The content, published for the purpose of fraud, extortion or blackmail towards anybody.
- The content, containing threats in any kind, notwithstanding whom they are addressed.
- Any other content, which is not intended for review by persons under 13 years, as well as the one, which violates the children’s rights.
- Uploading, distributing and publishing Contents with elements of any offensive, obscene, pornographic or other illegal nature.
- Uploading, distributing and publishing intellectual property of third parties or other information without the permission of the owner or holder of such rights.
- Uploading, distributing and publishing any advertising materials, including links to other websites for advertising purposes, without the consent of the Administration.
If the Administration becomes aware of violations of the above provisions as well as other violations of the applicable legislation of Ukraine, the Administration deletes such Content at any time, at its own discretion and without prior notice, and if such violation is repeated, the Administration reserves the right to block access of such Partner to the Website.
3.3 The Partner agrees that any materials published by it on the Website may be deleted or altered by the Administration.
3.4. When placing the material on the server, the Partner automatically grants the Administration a non-exclusive right to use such materials in the whole world, including but not limited to reproduction, copying, selection, systematization, transformation, modification, editing, publication, making available to the public, distribution of such materials by any lawful means.
By placing materials on the service, the Partner confirms that he or she has the relevant rights to grant the Administration the above rights to use the materials placed by him or her.
3.5. In the event that the Partner does not have the right to grant the Administration the right to use any materials by the specified means, he or she is obliged to refrain from placing such materials on the service.
3.6. The Administration has the right to use materials downloaded by the Partner, both with the name of the author of such materials and without indication of the name of the author
3.7. The Administration of the Website adheres to the policy of compliance with intellectual property rights with respect to the Contents posted on the Website; therefore, in case of violation of intellectual property rights of third parties by one or another Partner, the Administration has the right to apply the restriction on use.
3.8. The liability for placing the materials protected by copyrights and/or related rights of third parties as well as violation of such rights, is entirely vested in the Partner.
3.9. The Partner is fully liable for the content of the materials posted by him or her.
3.10. Any person who believes that his or her copyrights and/or related rights and/or other rights as well as legal interests are violated in connection with the posting of a specific Content on the Website, shall have the right to notify the Administration of the Website by sending a message through the feedback form.
3.11. The Partner who has posted the Content on the Website independently, at his or her own expense, reviews complaints, claims, demands and suits brought by a person who considers that his or her copyrights and/or related rights and/or other rights as well as legal rights and interests are violated bears responsibility for them, takes measures to avoid bringing the Administration to justice. If as a result of the consideration of complaints, claims, demands and suits the Administration of the Website incurs losses, the Partner shall reimburse such losses in full.
3.12. The Administration is not liable for the violation of intellectual property rights in relation to the Content posted on the Website. In the case of a dispute, the Administration may within 10 (ten) business days from the receipt of the relevant request block the material in relation to which the dispute has arisen, until the disputed issue is resolved.
3.13. The User can access the Content for information purposes and personal use only within the available functionality of the Website and on the terms and conditions provided for in these Terms and Conditions as well as exclusively for non-commercial purposes.
3.14. The User (Partner) is prohibited from downloading any Content from the Website, and copying, reproducing, distributing, transmitting, broadcasting, displaying, selling or otherwise using the Content for any other purposes without the prior written consent of the Administration or the relevant licenses for the Content.
4. Partner Registration and Security
4.2. In order to be able to upload the Content to the Website, the User needs to obtain Partner status and register for the SeeZis Net Affiliate Program.
4.3. The Partner Child Publisher of AdSense for Platforms is obglitated to comply with Google's guidelines for publishers, located on the links: https://support.google.com/adsense/answer/10502938?hl=en&ref_topic=1250104#content and https://support.google.com/adsense/answer/48182.
5. Waiver of Warranties and Limitation of Liability
5.1. Services, results of work of algorithms and other Contents are provided to the User on the ”AS IS” and ”AS AVAILABLE” basis. The User can access the Content exclusively within the available functionality and on the terms and conditions provided for in these Terms and Conditions.
5.2. The Administration does not provide any guarantees and assurances.
The Administration does not guarantee to the User that:
- The Website will meet the requirements and needs of the User;
- The Website will function smoothly, constantly, accurately and securely;
- The information obtained as a result of the use of the Website will be accurate and reliable.
5.3. By agreeing to these Terms and Conditions, the User agrees that he or she uses the Website Content at his or her own risk, to the extent permitted by applicable law. The Administration waives all warranties relating to the use of the Content of the Website, both express and implied.
The Administration, officials, employees and representatives are not liable to Users and Partners for:
- direct, indirect, incidental, special, incidental, damages resulting from the use of the Website;
- any shortcomings, errors or inaccuracies in the Content;
- any kind of harm and loss caused to a person or property as a result of the use of the Content;
- unauthorized access to/or use of our secure server or any personal or financial information that is contained in it;
- suspension or termination of data transfer on the Website;
- program errors or viruses, similar errors or objects that can be transmitted through the Website to third parties;
- any errors or omissions in the Content.
The provisions of Section 5 of these Rules and Conditions for limiting liability are applied to the fullest possible extent within the limits provided by the legislation of the relevant jurisdiction.
The User directly confirms that the Administration is not liable for the Content or actions of third parties. The User carries the risk of causing harm, loss or damage, violation of someone's rights and legitimate interests.
6. Other terms and conditions
6.2. These Terms and Conditions as well as amendments and supplements hereto shall become effective upon their posting to the address. The relations arising in connection with the use of these Terms and Conditions shall be regulated by the legislation of Ukraine.
6.3. All disputes arising in connection with the use of these Terms and Conditions are resolved in a contractual manner, and in case the parties fail to reach an agreement, the dispute may be referred to courts of Ukraine.
6.4. Before applying to the court, a written proposal for voluntary settlement of the dispute must be presented. The recipient of such proposal shall within 30 (thirty) calendar days from the date of its receipt notify the applicant in writing of the results of the consideration.
6.4. The Administration shall be notified through form.
6.5. These Terms and Conditions, any other legal conditions that will be published by the Administration in the future, constitute an exhaustive agreement regarding the use of the Website between the User and the Administration.
6.6. The User (Partner) undertakes to immediately notify the Administration of any copyright infringement on the materials of the Website.
6.7. In order to prevent recognizing separate provisions of these Terms and Conditions invalid or such that are inconsistent with the legislation of Ukraine, such provisions shall cease to be valid (shall be deemed invalid) when such contradiction with the legislation arises.
If such contradiction exists at the time of publication of these Terms and Conditions, such provisions do not become effective.
If any legal provision of these Terms and Conditions is subsequently recognized invalid by the court, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions.
Latest update: 10.02.2022