TERMS OF USE for the Website of Non-Governmental Organization ‘ASSOCIATION NOOSPHERE’ (https://noospherespace.art/)

General Provisions

NGO ‘ASSOCIATION NOOSPHERE’ (the ‘Organization’, ‘We’) and its partner companies seek to adhere at all times to the best practice for business partnership and cooperation, justification of confidence in the Organization and partner companies, including responsible approach and attitude to managing your Personal Data.

The Website User (“User”) is an individual who has access to/accesses the Website of Non-Governmental Organization ‘ASSOCIATION NOOSPHERE’ (https://noospherespace.art/), through the Internet, and uses the Website.

These Terms of Use govern arrangements for the use of the Website of Non-Governmental Organization ‘ASSOCIATION NOOSPHERE’ (https://noospherespace.art/and its mobile versions/applications (the ‘Website’), adhering to which User may freely use our Website as a visitor or as a registered user (if such functionality is available).

Using our Website means User accessing this Website, viewing and interacting with elements of the Website, visiting pages/sections of the Website, interacting with contents (content, graphics and/or audio materials, etc.) of the Website and/or performing other actions using the Website.

Before using our Website, we recommend that User carefully read these Terms of Use, as they directly define the rules and procedures for User’s use of our Website, in particular, determine the permitted and prohibited ways to use our Website.

We also recommend that you read our Privacy Policy, which includes, among other things, our cookies policy.

User Acknowledgement

By visiting and further using the Website, User acknowledges and certifies that he/she has read and understood, and agree to be bound by, these Terms of Use and the Privacy Policy.

By using the Website, User acknowledges that he/she has read and understood the provisions as to the cookies that may be used by the Website. User has been informed about the possibility and methods of disabling cookies in the Privacy Policy, what to do if they cannot be disabled, as well as the potential risks of unavailability of some of the Website’s functionality/capabilities when disabling them.

If User disagrees with these Terms of Use and/or the Privacy Policy, we recommend that such User stop using this Website immediately.

Access to the Website and Restriction of Access

Access to the Website is available free of charge.

However, we do not warrant that the Website or any of its contents (content, graphics and/or audio materials, etc.) will always and at any time be available to User and/or will not contain any incorrect display or other errors.

The Website applications and functions may depend on the services of the mobile/internet service provider, SIM card and/or Internet connection, content format and compatibility of the devices (including mobile ones) required to be used.

We recommend that User always check the availability of access service in his/her region with his/her operator or service provider.

The Website may be temporarily unavailable due to maintenance (support) or other reasons.

In addition, the Organization may terminate access to the Website or any part hereof at any time.

By using the Website, User acknowledges and assumes responsibility for taking all necessary measures to access the Website, as well as ensures his/her access to the Internet.

User also acknowledges and agrees that We cannot and do not warrant that any contents (content, graphics and/or audio materials, etc.) of the Website contain no software viruses and/or other code that may have unwanted or harmful properties.

User also acknowledges his/her responsibility for carrying out all necessary procedures and/or virus scans (including anti-virus and/or other security scans) to ensure that the special User’s requirements and/or the requirements of User’s devices for security and reliability of inputting and outputting (displayed) data on the Website and/or of the Website in general are met.

Moreover, User is liable for ensuring that all persons accessing the Website via User’s Internet connection or electronic device have read and understood these Terms of Use and the Privacy Policy, and are aware that they must comply with the requirements specified therein.

Unless User proves otherwise, any actions taken using his/her Internet connection or electronic device are deemed to have been actions of the respective User.

The Website is aimed at users (audience) from Ukraine. Therefore, We do not warrant the relevance or availability of the Website and its contents (content, graphics and/or audio materials, etc.) in other territories (geographical areas) and/or in other countries.

If User accesses the Website through external links of the local (other) country, such User acts at his/her own risk.

From time to time, We may restrict (in particular suspend) access to certain elements and/or parts of our Website or to the Website as a whole for technical and/or other reasons.

We do not warrant the Website’s compatibility with the software installed on User’s electronic device or with the technical specifications of User’s electronic device.

UserObligations

When using the Website, User acknowledges and understands his/her obligation to do the following:

– refrain from any actions aimed at misusing the Website, including, but not limited to, by way of using malicious software or hardware (viruses, logic bombs, worms), other malicious algorithms or technologies and/or other data containing malicious code, spam, etc.;

– refrain from any actions aimed at attempting to gain unauthorized access or obstruction of the proper operation of the Website (including, but not limited to, User is prohibited, inter alia, from taking any actions in order to circumvent security measures, interfering with the Website, hacking or otherwise disrupting the normal operation of the Website and/or any computer system, server or any other device connected to the Internet). User is prohibited from using errors or vulnerabilities of the Website to gain access to the Website or the Server that makes the Website accessible, if such access would be unavailable without using this error or vulnerability;

– refrain from downloading, posting, transmitting and/or distributing, and/or otherwise publishing on the Website any material that:

(a) are protected by copyright or other rights to private property or intellectual property rights, or derivative in relation to such material works, except as provided in these Terms of Use, or without first obtaining approval for such use from us or copyright owner/licensor;

(б) are illegal, threatening, disturbing, abusive, harmful, violating third party rights, defamatory, vulgar, obscene, distorted, deceptive, fraudulent, containing explicit or graphic representations of scenes of violence or sexual acts (including, but not limited to, sexual violence or threatening acts directed at another person or group of persons) that encroach upon personal privacy and/or the constitutional and administrative structures of a country;

(в) restrict or prevent any other user from using and properly performing, under these Terms of Use, necessary actions on the Website;

(г) constitute, or contribute to the conduct that is a threat/cause of, a criminal offense and/or a basis for another liability;

(д) contain any malicious software or hardware (viruses, logic bombs, worms) or other malicious components (codes, spam), any kind of advertising, false or misleading facts;

– refrain from any form of discrimination or conduct that promotes or creates discrimination on the grounds of age, appearance, skin color, criminal record, height, disability, ethnicity, family status, gender, generation, genetics, marital status, nationality, sex, race, religion, political opinion, and sexual orientation;

– refrain from any actions violating, or objectively having signs of violation of, the applicable laws;

– refrain from using obscene language or sexism, insults, and slander (for example, when communicating with other Members and employees of the Organization, or during other communications on the Website);

– refrain from showing disrespect to others;

– refrain from inciting violence or resorting to hate speech;

– refrain from any actions expressly prohibited by these Terms of Use and/or the Privacy Policy, as well as the applicable laws of Ukraine and the international law.

Intellectual Property Rights

If the Website contents (content, graphics and/or audio materials, etc.) do not contain information about rights holders and/or licensors, the Organization is the right holder and/or licensor of any and all Intellectual Property Rights to the Website, as well as the owner of the Website contents (content, graphics and/or audio materials, etc.) uploaded on it, or otherwise uses such contents on legal grounds.

Such Intellectual Property Rights are protected by the applicable laws of Ukraine and the international law, as well as the relevant agreements (contracts).

In addition, some of the Intellectual Property Rights are protected by the laws of the US and other foreign countries on copyright, trademarks, as well as by other applicable laws.

We would also like to draw your attention to the fact that the Organization is the owner and/or licensor of marks for goods and services and/or brands that are uploaded (posted) on our Website, or use such designations on other legal grounds, as well as the owner and/or licensor of any and all related to such marks for goods and services and/or brands, names, logos, etc., if it is not clear or if such marks, logos, etc. do not indicate other information who is the right holder and/or licensor.

User of the Website has the right to print one copy and/or download materials from our Website only for personal (private) use, and the corresponding copy of the materials must contain a copyright notice or other information about the owner of copyright and/or licensor of such rights.

User is prohibited from making any changes (updates, additions, etc.) to paper or electronic (digital) copies of any materials printed or downloaded by User from our Website, as well as User is prohibited from using any graphic materials (photos, audio, video, etc.) of our Website without any accompanying text specified on the Website.

However, no rights, licenses, patents or permits for such materials will be transferred in case of downloading or copying of materials from the Website by User.

User is prohibited from using any materials uploaded (published) on the Website in any way other than for personal use (including reproduction, commercial use, modification, etc.) without first obtaining written approval/license from us and/or appropriate right holder and/or licensor.

In addition, User is prohibited from using any part of the contents (content, graphics and/or audio materials, etc.) uploaded (published) on our Website for commercial purposes without first obtaining written approval/license from us and/or appropriate right holder and/or licensor.

If User prints, copies or downloads any materials uploaded (published) on our Website, in violation of these Terms of Use, User’s right to use our Website is terminated immediately and User must either return or destroy (at User’s discretion) any copies of such materials of the Website.

The Website contents may only be used for the purpose specified herein. Any violation of these Terms of Use may constitute a violation of our Intellectual Property Rights or the respective rights of our partners, and may be grounds for recourse to a court to protect these rights.

Data Reliability

The Website contents (content, graphics and/or audio materials, etc.) are provided for general information purposes.

We will use our best efforts to ensure the accuracy of the data provided on our Website, but the contents (content, graphics and/or audio materials, etc.), as well as comments (if any), reviews and other materials downloaded (published) on our Website, are not intended as advice to be trusted.

We provide no explanation or warranty, explicit or implicit, that any provided information is accurate, complete or up to date, and, to the fullest extent permitted by the applicable law, We are not liable for any loss or damage resulted from User’s trust in the information or any person to whom such User communicates such information.

If User finds any inaccurate information on our Website, we encourage User to contact us, and we will use our best efforts to correct it as soon as possible, in case we agree with such inaccuracy.

The Organization is free to use, without any compensation to User, any concepts, ideas, know-how or technologies contained in any User’s messages, comments, responses, suggestions, reactions, etc., sent to us openly (publicly available) and/or openly published (publicly available) on the Website for any purpose, unless such information is subject to the Privacy Policy.

In addition, User acknowledges and agrees that We do not undertake to use any such ideas or materials and User has no right to obligate us to use them.

Competitions, Events and/or Promotions

Rules and procedures for any competition, event, promotion and/or project organized and held by us and/or advertised on our Website are defined by the relevant provisions or rules additionally posted on the Website for the competition, event, promotion and/or project.

Links to Other Websites/Social Networks (Media Platforms)

On our Website, We may provide and post links to Websites/Social Networks (Media Platforms) that are not in our Organization’s structure and/or not our partner companies.

If User intends to use the mentioned Websites by following such links, such User must review their privacy policies and operational principles; in particular, regarding the collection and processing of personal data of Users.

We are not liable for the policies and practices of other companies, and any information User provides to such companies is subject to their privacy policy or other document governing the processing of personal data.

The links are not intended to form and do not form legal relationships between the Organizer and any third party, as well as obligations or responsibilities for the Organizer as to the contents, advice, representations, products or services of any third parties (including those published on the websites/ social network pages (media platforms) of third parties), and any confirmation or warranty regarding their products and services or activities, their quality or characteristics.

Procedure for Using User’s Personal Data

The procedure for using User’s personal data is prescribed by the Privacy Policy that regulates the policy and procedural aspects of collecting, using and disseminating personal data provided by User when using the Website of Non-Governmental Organization ‘ASSOCIATION NOOSPHERE’(https://noospherespace.art/), and its mobile versions/applications, which are operated and administered by NGO ‘ASSOCIATION NOOSPHERE’,and arean integral part of the Terms of Use for the Website of Non-Governmental Organization ‘ASSOCIATION NOOSPHERE’(https://noospherespace.art/).

The Privacy Policy is developed subject to the provisions of the Laws of Ukraine, taking into account the principles and requirements of European legislation on personal data protection.

Age Requirement for Using the Website

The Website and the Website contents (content, graphics and/or audio materials, etc.) are intended for Users who have reached the age of sixteen.

Otherwise, permission to use the Website to User must be provided by User’s legal representatives.

We take all available technological and organizational capabilities, as well as reasonable steps to ensure that the Website is used by Users who have reached the age of sixteen.

If we are contacted by User’s legal representatives regarding the lack of consent and/or discovery that the Website is used by a User who has not reached the age of sixteen, We may terminate access to the Website to such User.

Updating the Terms of Use and the Website

We have the right to modify (update) these Terms of Use from time to time without prior notice to User by posting an updated version hereof on our Website.

We advise User to check this section of the Website from time to time and to pay attention to all modifications (updates) as they are binding on each User.

We may also update our Website from time to time and change its contents (content, graphics, etc.) at any time.

However, we would like to draw User’s attention to the fact that any contents (content, graphics) of our Website may become obsolete (outdated) at some point, and We are not obliged to update it.

Limitation of Liability

We do not in any way exclude or limit our liability to User, where such a restriction would be a violation of the Law of Ukraine.

We are not liable in cases provided by the Law of Ukraine and these Terms of Use and/or the Privacy Policy.

We are not liable for technical inaccuracies or other errors that may be found in the Website’s contents (content, graphics and/or audio materials, etc.).

This Website and the Website contents (content, graphics and/or audio materials, etc.) are provided “as is”, without any form of warranties, both direct and indirect, to the fullest extent permitted by the applicable laws of Ukraine.

We also waiver any warranty or commercial value or suitability of the Website and/or the Website contents (content, graphics and/or audio materials, etc.) for certain purposes.

We do not guarantee that the Website functions and/or the Website contents (content, graphics and/or audio materials, etc.) work without hindrance or error, that such deficiencies, even if detected, will be corrected, or that this Website and/or the Server providing access to it contains no viruses or other malicious components (including codes, spam, etc.).

In particular, We are not liable for the consequences (including technical, reputational, financial, etc.) caused to User in connection with the use of our Website and/or the Website contents (content, graphics and/or audio materials, etc.).

By using the Website, User agrees to protect, indemnify, hold harmless us and our officials, employees, partner companies against any claims, obligations, costs, including, but not limited to, reasonable legal costs incurred when such User uses the Website or posts or transmits any message, information, software or other materials through the Website.

If User disagrees with this limitation of liability, We recommend that such User immediately stop using the Website.

Waiver of these Terms of Use

User and/or the Organization may at any time refuse to comply with the provisions of these Terms of Use.

User may waive these Terms of Use by deleting (destroying) all materials received/downloaded from our Website and/or copies of materials from the Website made for personal use and terminating further access to the Webite. However, in case of violation of the Terms by User, the Terms continue to apply to User until such violation is compensated for in accordance with the Terms or the applicable laws.

We may refuse to comply with these Terms of Use without notice if, as we determine at our sole discretion, User violates any terms and conditions of these Terms of Use and/or the Privacy Policy, by restricting User’s access to the Website.

Final Provisions

These Terms of Use must be regulated and interpreted in accordance with the provisions of the applicable laws of Ukraine. However, if User has used this Website in violation of the laws of another country, We reserve the right to protect our legitimate interests in that country in accordance with its laws.

If any part of these Terms of Use becomes illegal, invalid or ceases to be effective, such part will be considered severable and will not affect the validity and effectiveness of the remaining provisions of these Terms of Use.

Any probable and/or potential evidence of User’s use of our Website for any illegal purposes will be reported to law enforcement agencies.

These Terms of Use constitute the entire agreement between us and User regarding the terms and conditions for using this Website.

Contact Information

NGO “ASSOCIATION NOOSPHERE”, registered address: 103-А Gagarina Ave., Dnipro, 49050;

USREOU code: 40565261,

E-mail: [email protected]