Acuerdo de usuario

Última actualización: 18/01/2022

Terms and definitions
Scope of agreement
Rights and liabilities of the service provider
Rights and liabilities of the website user
Procedure of registration on the website
Price of services provided under this agreement
Intellectual property
Responsibilities of the parties
Privacy
Applicable law
Miscellaneous
Feedback and communication
Legally binding nature of the agreement
Term of agreement
Details of the parties

PREAMBLE

This document, in accordance with article 641 of the Civil Code of Ukraine, is an offer to enter into an agreement on the use of the Website on the terms and conditions stipulated herein with the owner of the website Grafiati https://www.grafiati.com/es/ (the ‘Website’) – individual entrepreneur Priymak Dmytro Mykhailovych (Kyiv, Derevlianska St 12/42).

If the individual or legal entity who reads this User Agreement agrees to the terms and conditions listed below, they check the appropriate box upon having read the Agreement.

This action is considered to be the individual’s or legal entity’s acceptance of the offer, i.e. their consent to the Website Owner’s proposal to enter into the User Agreement and to make it legally binding.

By committing the actions that confirm the acceptance of the offer, any legal entity (private, public, etc.) or individual becomes a Party to this Agreement and is referred to as the ‘User’. The Website Owner, Dmytro Pryimak, becomes the other party to this Agreement.

In this regard, the potential User of the website Grafiati https://www.grafiati.com/es/ is offered to read the content of this offer that constitutes the scope of the Agreement.

If the legal entity or individual does not consent to the terms and conditions hereof, they have the right not to accept this offer and therefore not to enter into the Agreement; in this case, they must ultimately stop using the Website.

In accordance with the conditions hereof, no services are provided to the citizens of the Russian Federation nor to the persons residing in the Russian Federation – the aggressor country that occupied the Autonomous Republic of Crimea and parts of the Donetsk and Luhansk regions, sovereign territories of Ukraine, which is stipulated in the Law of Ukraine ‘On protection of the rights and freedoms of citizens and the legal regime on the temporarily occupied territory of Ukraine’ and the Law of Ukraine ‘On the particularities of the state policy for ensuring Ukraine’s state sovereignty over the temporarily occupied territories of the Donetsk and Luhansk regions’.

TERMS AND DEFINITIONS
1. The following terms and definitions are used in this Agreement:
  Website Administrators — individuals entitled to perform Website Administration;
  
  Website Administration — the entirety of measures required to maintain the Website, its work, convenience for the users, and to place the Website authors’ materials on the Website’s pages;
  
  Authorisation — the procedure of providing the User with the access to the Website (use of the Website and the Website Content), which is performed hereunder through the User’s Registration on the Website with the User’s Personal Data (Login and Password or, in case of registration via social networks, Login and Profile parameters in the social network) and, consequently, the creation of the User Profile on the Website;
  
  Bibliographic Reference — a reference to a source presented in a Bibliography;
  
  Lack of the User’s consent to the terms and conditions of use of the Website — lack of any activities on the part of the User related to the use of the Website;
  
  The User’s consent to the terms and conditions of use of the Website — the User’s actions to create the User Profile on the Website and/or use of the Website;
  
  Website Content — any information and data on the Website, including materials belonging to the authors who create the Website’s contents;
  
  Newsletter — a system of messages that the Service Provider sends to the User in connection with their use of the Website;
  
  User — any individual or legal entity who has the required legal capacity and who has accepted the terms and conditions of this Agreement;
  
  Username — an alphanumeric set of characters that identifies the Website User for the purpose of ensuring the User’s access to particular features of the Website defined by the Service Provider;
  
  Unregistered User — any individual or legal entity that uses the Website but has not created an own User Profile on the Website;
  
  Persons providing services for the use of the Website — Website owners;
  
  Password — the User’s alphanumeric set of characters by means of which the User confirms their Username to access the Website;
  
  Link to the Website’s homepage — https://www.grafiati.com/es/;
  
  Direct hyperlink to the Website — section of the Website that contains information materials/works/publications of the Website authors, which are used upon the consent of the Website authors/owners;
  
  User Profile — section of the Website where the User indicates, sets, modifies, or deletes their Personal Data and which is used to access the Services;
  
  Personal Data — data that the User provides in the course of Registration on the Website in accordance with this Agreement and in compliance with the legislation in force;
  
  Services — the services that the Service Provider provides to the User for using the Website, including the services for creating Bibliographies and for generating Bibliographic References, and all information and materials on the Website that are publicly available;
  
  Service Provider — owners of the website https://www.grafiati.com/es/;
  
  Registration — the User’s provision of Personal Data and all other data necessary for creating a new Profile for obtaining the Services by means of entering Personal Data in the sign-up form on the Website;
  
  Website — the entirety of data, electronic (digital) information, other copyright objects, etc. that are interconnected and structured within the address of the Website — https://www.grafiati.com/es/ — and/or the account of the owner of this website and that can be accessed on the Internet at the address https://www.grafiati.com/es/.
  
  Bibliography — a set of Bibliographic References to particular sources that is created by the User in accordance with a particular Citation Style for a document, a scholarly article, a paper, etc.
  
  Citation Style — a standard governing the principles of indication of data within a Bibliographic Reference.
  
  Agreement — a legally binding agreement entered into between the Website User and the Service Provider that defines the mutual rights and liabilities of the Parties as regards the use of the Website https://www.grafiati.com/es/, the access to the Website Content, intellectual property rights to the Website Content, etc.
2. If any of the terms stipulated in paragraph 1.1. hereof cannot be treated unequivocally, the Parties shall use the definitions and explanations contained in the legislation in force of Ukraine.
SCOPE OF AGREEMENT
1. In accordance with the terms and conditions of this Agreement, the Service Provider makes the website https://www.grafiati.com/es/ available on the Internet and provides Services in accordance with this Agreement for the User’s access to and use of the Website https://www.grafiati.com/es/ on the terms and conditions defined by the parties in compliance with this Agreement and the Constitution of Ukraine, the Civil Code of Ukraine, the Commercial Code of Ukraine, the Law of Ukraine ‘On copyright and related rights’, the Law of Ukraine ‘On protection of rights to marks for goods and services’, the Law of Ukraine ‘On consumer rights protection’, the Law of Ukraine ‘On telecommunications’, the Law of Ukraine ‘On protection of personal data’, the Law of Ukraine ‘On protection of information in information and telecommunication systems’, in compliance with the international agreements ratified by Ukraine, and with other laws and regulatory acts.
  1. The Service Provider and the User are jointly referred to as the ‘Parties’ and each one individually as a ‘Party’ in the text hereof.
  2. The Service Provider shall provide the Services ‘as is’, which means that the Service Provider shall provide and the User shall receive the Services in their current condition, and the User shall accept the Services ‘with all flaws’ that can be identified now or at any time, without any objections or claims on the part of the User.
  3. The Website and its features can represent a trial version (e.g. a beta version), and their work can differ from the work of the final version. The Service Provider may substantially modify any version of the Website and its features or their individual elements at any time at their sole discretion, without the consent of the User or of any third party.
  4. The Service Provider shall define the types of Services, their amount and details at their sole discretion; the User shall order and receive the Services by voluntarily accepting all risks and consequences thereof.
2. The start of use of the Website, which the User performs with the registration on the Website by means of creating an own profile or without any such registration, ultimately confirms the User’s acceptance of the terms and condition of this User Agreement with the Website owners.
3. The conclusion of the Agreement stipulated in paragraph 2.2 hereof occurs on the basis of article 634 of the Civil Code of Ukraine, which presupposes that the User can only accept the User Agreement offered by the Website owners in full and cannot offer any own terms or conditions to the Agreement.
4. The User Agreement shall become legally binding and shall be deemed concluded between the Website owners and the Website User from the date of the User’s confirmation of their consent to the terms and conditions of use of the Website in accordance with this Agreement.
5. The Services for the use of the Website shall be provided in accordance with this Agreement and with all additional agreements created in relation to it, which shall be legally binding for all Users as integral parts of this Agreement from the date of their publication on the Website.
6. The Website owners may at any time modify or amend the terms and conditions of Use of the Website without notifying the Website Users thereof. In this case, the new versions of the User Agreement and any annexes to it shall become legally binding from the date of their publication on the Website.
7. If the User has started the Use of the Website, even without creating an own profile on the Website, this confirms that:
  - the User has accepted entirely and without any objections the terms and conditions of Use of the Website stipulated in this Agreement and in all present or future annexes to it;
  - the User has acquainted themselves with the main sections of the Website and understands all responsibilities they bear as the Website User as regards their rights and liabilities in relation to the Website owners and Website authors, as well as in relation to authors’ materials and the Website Content in general.
8. If the User does not accept the terms and conditions of this Agreement, they must not use the Website at all.
9. If the User’s legal capacity has changed, namely if they have been incapacitated or declared partially incapable or if there are any other legal conditions or facts that affect substantially the amount of the User’s rights and liabilities, which makes it impossible for the User to comply in full with the terms and conditions of this Agreement, the User shall immediately stop using the Website.
10. This Agreement is legally valid and binding for all of the world’s countries.
11. This User Agreement is available for reading, accepting, or rejecting at the following link: https://www.grafiati.com/es/user-agreement/.
12. The Services shall be provided upon the User’s acquaintance with the terms and conditions of this Agreement, if the User has the technical opportunity of Internet access.
RIGHTS AND LIABILITIES OF THE SERVICE PROVIDER
1. The Service Provider shall provide to the User the Services stipulated in this Agreement, which consist in the provision of the User with the right to use the Website (namely to create own Bibliographies with Bibliographic References) and access the materials and information published on the Website, if the User complies with the terms and conditions hereof.
2. The Service Provider shall reserve the right to change at any time and to any extent the range of Services, the method and the time of their provision to the User, their nature, essence, amount, and all other terms and conditions of this Agreement without notifying the User thereof and without the User’s prior consent.
3. The Service Provider shall make every effort to provide the User with high-quality services in an uninterrupted manner in accordance with the terms and conditions of this Agreement.
4. The Service Provider shall provide the User with the opportunity to register an own User Profile on the Website on the conditions stipulated by the Service Provider under this Agreement.
5. The Service Provider may block and/or remove the User’s account in case that the User breaches any provision of this Agreement, regardless of whether the User has purchased any paid Services.
6. The Service Provider may suspend the Website’s operation for a defined or an undefined period of time or stop it ultimately at any time. Any such suspension or stoppage of the Website’s operation can be caused by either the Service Provider’s personal reasons (updates of the Website Content, maintenance works, technical failures, errors, or other flaws in the Website’s operation, or other reasons) or by external effects, which the Parties shall consider to be events for which the Parties are exempt from any legal responsibility.
7. If the User has completed the registration on the Website, the Service Provider may send to the User’s e-mail address the Newsletter or other electronic messages that contain information about the Services, the Website’s features, and or/other information about the Website, etc. The Service Provider may also send to the User information about the development of the Website and the Website Content and may inform the User of the own activities on the conditions stipulated herein.
8. The Service Provider may keep and process the information they receive when providing the Services.
9. The Service Provider may publish on the Website’s pages advertisements and other materials or information not violating the legislation in force of Ukraine.
10. The Service Provider may send to the User notifications and warnings and may limit or cease the access to the User Profile, limit or prohibit the User’s access to the Website and its features, make every technical and legal effort to prevent the User from using the Website and its features in the following cases:
  - if there are appropriate legally binding decisions of the state authorities of Ukraine and/or
  - if the User breaches the terms and conditions of this Agreement or the provisions of the legislation in force of Ukraine.
11. The Service Provider shall maintain confidentiality in compliance with the legislation in force and shale make every effort to ensure the confidentiality of the information provided by the User and the information about the User and the Services provided to the User.
RIGHTS AND LIABILITIES OF THE WEBSITE USER
1. The Website User is entitled to receive the Services in accordance with the terms and conditions of this Agreement and is liable to comply with the provisions hereof.
  1. The User may create, edit, copy, etc. the Bibliographies and Bibliographic References they have created in accordance with the provisions of this Agreement.
2. The User shall provide full, accurate, and up-to-date information in the course of Registration and shall update it on the Website.
3. The User may provide their suggestions and/or recommendations for improving the Website’s operation to the Website owners.
4. The User undertakes to use the Website and all its materials solely on their own behalf and in accordance with the terms and conditions hereof, for their personal use, without any aim of gaining any profit (either direct or indirect), without the aim of using such materials for the purposes of own commercial activities. This limitation shall not apply to the Bibliographies and/or Bibliographic References created by the User, which the User can use at their sole discretion and for any purpose, if the information in such bibliographies and/or bibliographic references does not breach the intellectual property rights of the Service Provider or any third parties, the provisions of this Agreement and does not violate the legislation in force of Ukraine.
  1. The User must not:
    - provide any other parties with the access to the Website via their account;
    - upload, transfer, send, or publish otherwise or spread any information, if they are not entitled to do so in accordance with the law or this Agreement;
    - pretend to be a representative of the Website owners/Website Administrators;
    - carry out unauthorised collection or storage of third parties' personal data;
    - use any software or any other means to get the access to, purchase, copy, or monitor any elements of the Website or its features;
    - interfere in the operation of the Website or any of its elements.
5. Upon the completion of registration of an own Profile on the Website, the User can sign in to the website using their personal Username and Password. The User shall be fully liable for keeping the own Password secret from third parties. The User shall also be fully liable for any actions committed under their Username.
PROCEDURE OF REGISTRATION ON THE WEBSITE
1. The User’s Registration and the creation of their Profile on the Website are free of charge.
  1. The User can perform the Registration procedure at the Internet address https://www.grafiati.com/es/, in the appropriate section of the Website.
  2. During the Registration process via the Website’s interface, the User shall check explicitly the box confirming that they have understood and accepted this Agreement. If the Registration is performed via social networks, the User acknowledges that they have understood and accepted the terms and conditions of this Agreement regardless of whether they had checked the appropriate box.
  3. Upon the completion of Registration, the User’s Profile is created on the Website, which may be required for accessing particular Website sections and/or features as defined by the Website Administrators.
2. During Registration, the User shall fill in the sign-up form by entering their Personal Data, including choosing their own Login and Password to access the Profile, and/or perform registration via their own social network profile. The User shall provide true and accurate personal data in the signup form available at the address https://www.grafiati.com/es/signup/.
  1. If the User’s Personal Data changes, the User shall update their Personal Data on the Website within 24 (twenty-four) hours.
3. If the User does not provide all the required data, the Service Provider may suspend or stop the User’s access to the Website, regardless of whether the User has purchased paid Services.
4. The Service Provider may request the User to provide any information and documents confirming the personal data they provide in the course of Registration. If the User fails to provide such information or data, this shall provide grounds for the Service Provider to consider the data provided by the User untrue and inaccurate.
5. The Service Provider shall keep all information provided by the User when using the Website for the period of time defined by the Service Provider at their sole discretion.
6. The Service Provider prohibits the Registration on the Website and the access to the Website Content to the citizens of the Russian Federation and the persons residing in the Russian Federation – the aggressor country that occupied the Autonomous Republic of Crimea and parts of the Donetsk and Luhansk regions, sovereign territories of Ukraine, which is stipulated in the Law of Ukraine ‘On protection of the rights and freedoms of citizens and the legal regime on the temporarily occupied territory of Ukraine’ and the Law of Ukraine ‘On the particularities of the state policy for ensuring Ukraine’s state sovereignty over the temporarily occupied territories of the Donetsk and Luhansk regions’.
  1. If it becomes known to the Services Provider that citizens of the Russian Federation or persons residing in the Russian Federation are using means for disguising their geolocation, anonymisers, or any other hardware or software for disguising a person’s true geographic location, the Service Provider may block the appropriate User completely and delete the content such a User has added to the website without any prior notification or explanation of reasons.
7. The User may acquaint themselves with the Website Content and use the features available to unregistered users without Registration; in any case, all the provision hereof shall be legally binding for the User.
8. If the User is using the Website without Registration, they understand and acknowledge that the data they have created, including Bibliographies and Bibliographic References, may be deleted despite the Service Provider’s will. Namely, the User’s data may be removed when the User clears their browser cache, etc. Also, such materials may be removed due to the Service Provider’s actions aimed at maintaining the Website (for instance, server cache updates, etc.). In any such case, the Service Provider shall not bear any lability to the User.
PRICE OF SERVICES PROVIDED UNDER THIS AGREEMENT
1. The Service Provider may provide the Services related to the use of the Website to the User either on a paid basis or free of charge – at the Service Provider’s sole discretion.
2. The conditions, methods, price, period, and procedure of payment can be formed, inter alia, individually and can be defined by the Parties’ mutual consent before the provision of a service.
3. The Service Provider’s policies assume that the prices for services provided to the Website User are set depending on the plan of work with the Website chosen by the User, the period during which the User wishes using the Website’s features, and other conditions that the Service Provider shall be entitled to identify at their sole discretion.
4. The detailed characteristics of the plans of work of the Website and the prices of services provided within such plans are published by the Service Provider in open access on the ‘Subscribe’ and ‘Help’ pages.
  1. The prices of paid services are given on the appropriate Website pages for each particular service with all taxes included.
  2. The Service Provider may set different prices for services for different countries or geographical regions. The price valid for the User is shown on the appropriate page depending on the User’s country. The User must not use virtual private networks (VPNs) or any other anonymisers to modify the price or any other conditions of the plans.
  3. The Service Provider may change the conditions of the provision of Services within particular plans and change the list of available plans at any time at their sole discretion.
  4. The ‘Subscribe’ and ‘Help’ pages are annexes to this Agreement that constitute its integral parts.
5. The paid services provided to the Website User shall remain valid throughout the period of use of the Website paid by the Website User, except for the limitations set forth in this Agreement.
6. The Service Provider may change the price of Services unilaterally, which the User accepts entirely and in relation to which the User shall have no claims to the Service Provider in the future. The Service Provider shall publish the current price of services on the subscription plans page. Therefore, before purchasing a service, the User has the information on both the contents of the service and its price; the User shall monitor any changes in the payment details on their own and shall be fully liable for the correctness of their payments.
7. The User shall make all settlements by means of a 100% prepayment in cashless form to the Service Provider’s details stated by the Service Provider. The payments can be done in cashless form using any means defined by the Service Provider, including any payment systems chosen by the Service Provider. The information on the method of payment shall be made available to the Website User by the means chosen by the Service Provider at their sole discretion.
8. The Parties hereby agree that some payment methods for Services may assume the existence of commission fees or any other fees for the services of fiscal systems, acquirers, payments aggregators, banks, other payment system participants, etc. that are not included in the price of Services. The Service Provider shall bear no liability for the identification or payment of any such commission or other fees for third parties’ services, and the User shall pay all such fees at their own expense.
9. The Parties hereby agree that the services paid by the User by means of payment systems shall be deemed paid on the date when the funds are credited to the Payment System’s account indicated in the course of placement of the Order.
  1. The Services paid by other means shall be deemed paid on the date when the funds are credited to the Service Provider’s bank account.
10. Upon the payment of a service (services), the User shall get the access to the Website on the appropriate conditions and for the appropriate period.
  1. No warranty period applies to the provision of Services.
  2. The Service Provider shall not refund the amounts paid by the User for the Services purchased.
11. The Services shall be deemed duly and fully provided upon the end of the User’s period of access to the Website’s paid features. Upon the expiry of this period, the Service Provider shall stop the User’s access to the appropriate Website features.
12. The Service Provider shall reserve the right to set special conditions and exceptions in terms of the prices of services and periods of payment for any Website User, including by means of an announcement published on the Website or by means of individual notifications delivered to the User.
13. If the User breaches the terms and conditions of this Agreement related to the payment of the Service Provider’s services, the Service Provider may partially or fully stop the provision of services to the User until the violations are eliminated; in this case, the amounts paid by the User shall not be refunded to the User or shall be included in the payments for future periods (at the Service Provider’s sole discretion).
14. If the User breaches any of the terms and conditions of this Agreement, the Service Provider may limit or stop the User’s access to the Website’s paid features. In this case, the amounts paid by the User shall not be refunded to the User and shall not be included in the payments for future periods.
15. If the User has made a payment for the Website’s paid features, it shall be deemed that they had accepted this Agreement.
INTELLECTUAL PROPERTY
1. All the Bibliographies and Bibliographic References created by the User, as well as any other result of the User's scientific or any other activity (comments to Bibliographies, uploaded fragments of text of papers, etc.) are objects of the User’s intellectual property rights.
  1. The Service Provider may edit, delete, block, etc. any content added by the User, including but not limited to Bibliographies, Bibliographic References, comments to Bibliographies, etc., in compliance with the provisions hereof.
2. Except for the items stipulated in paragraph 7.1 hereof, all the items published on the Website, namely all works (oeuvres), information materials, trademarks, articles, text, design components, graphical images, illustrations, videos, scripts, programmes, music, sounds, and other items and their compilations, and the Website Content in general – without any exceptions – are objects of the Website owners’ intellectual property rights, unless otherwise stated on the Website.
  1. All the property rights stipulated in paragraph 7.2 of this Agreement are reserved and protected, which is also confirmed by the sign ‘©’ given on the Website.
3. The use of information materials, articles, and all Website Content in general by any means and for any purpose is prohibited unless there is a written permission of the Website owners and appropriate authors who have created the articles and works published on the Website.
  1. By publishing the Content which the Service Provider legally owns on the Website, the Service Provider allows the other Users only to read it and to use it solely within the features offered by the Website, only for the purposes of personal non-commercial use, except when such use brings or might bring damages to the rights of the owner protected by the law.
4. Taking into account the provisions of paragraphs 7.2–7.3 of this Agreement, the Parties hereby agree that the User shall have no right to publish on any resources, including but not limited to the media, online newspapers, online journals, Internet forums, and on the Internet in general, reproduce, publicly perform, publicly announce, sell, anyhow distribute, translate, modify, adapt, and/or change otherwise, include as a part into compilations, databases, other objects, or use otherwise for any commercial and/or non-commercial purposes the Website Content and any materials from the Website without the appropriate prior written consent of the Website owners and the appropriate authors who have created the materials, articles, and works published on the Website.
  1. The User may freely distribute and publish only the Bibliographies, Bibliographic References, etc. they have created with the help of the Website, provided that the information contained in such bibliographies and/or bibliographic references does not breach the terms and conditions of this Agreement and does not violate the legislation in force of Ukraine.
5. Without the written consent of the Website owners and the appropriate authors who have created the appropriate materials, articles, and works published on the Website, the use of short excerpts and citations from the Website is only allowed within the limits stipulated by article 21 of the Law of Ukraine ‘On copyright and related rights’, with the mandatory indication of the name(s) of the author(s) and the source of the material represented by a direct hyperlink to the appropriate page of the Website.
6. The Website may contain links to other websites on the Internet (third-party websites).
7. The Website may contain articles, photos, illustrations, graphic images, music, sounds, videos, information, applications, and other content belonging to third parties or provided by third parties (third-party content), which is the result of intellectual activities and is protect by the Ukrainian law.
8. The Service Provider does not verify any links to any other websites on the Internet (third-party websites) as regards their compliance with any requirements (accuracy, completeness, legal compliance, etc.). The Service Provider shall not bear any responsibility for any third-party materials or content accessed by the User nor for the availability of such websites or information or the consequences of their use by the User.
9. The catalogues of sources (books, journal articles, etc.) available for the creation of bibliographies have been created by the Service Provider based on the materials of electronic catalogues published online in open access or those for the use of which the Service provider has received the consent of the appropriate institutions, namely based on the catalogues of OpenLibrary, Crossref, Mykhailo Maksymovych Scientific Library, etc.
10. None of the provisions of this Agreement shall provide the User with the right to use the logo of the Website or other marks of the Website Administrators owned by the Service Provider, namely the following:
  1. The Service Provider confirms that, as of the date when the User reads this Agreement, if the Service Provider does not possess an appropriate trademark certificate, the Service Provider owns the exclusive rights to the image and the text as both separate and joint elements before they have been registered as a trademark, and that no third parties have any intellectual property rights to these items.
11. The Parties hereby agree that the User shall pay a fine of UAH 10,000.00 (ten thousand Ukrainian hryvnias) for each fact of violation of this section of the Agreement, which however shall not prevent the Website owners and/or authors from taking legal action to protect their rights and legal interests.
RESPONSIBILITIES OF THE PARTIES
1. The Service Provider and the User shall bear the responsibility stipulated in this Agreement and the legislation of Ukraine for breaching the provisions hereof.
2. The User shall bear the responsibility for the own actions in relation to the creation and publication of information on the Website in accordance with the legislation of Ukraine.
3. A violation of this Agreement and the legislation in force of Ukraine shall entail civil, administrative, and criminal responsibility.
4. The Website owners/Website Administrators may remove the User’s Profile and/or suspend, limit, or stop the User’s access to the Website without any prior notification or explanation of reasons, if it becomes known that the User’s actions breach the provisions of this Agreement or the legislation in force of Ukraine or that the User’s actions constitute a threat to the Website and/or its Users.
5. The removal of the User’s Profile means the automatic removal of all information it contains, including all information entered by the User in the course of registration on the Website. Once their personal page has been deleted, the User shall lose the access to the Website’s features available to registered users.
6. By accepting this Agreement, the User confirms their consent to use the Website solely for their personal purposes in accordance with the provisions hereof; the Website owner shall never bear any responsibility for whether the Website suits the needs of the User.
7. The User shall bear the full responsibility for the compliance of the contents of the information or any other materials or data they have published with the legislation in force, including the responsibility to third parties in cases when such information or its content violates the rights and legal interests of third parties, including the personal incorporeal rights of authors, other intellectual property rights of third persons, and/or makes attempts to misappropriate the intangible rights they possess.
8. The Website owners shall have no liability to preliminarily verify any information published and/or distributed by the User; the Parties hereby agree that the Service Provider shall have the right to (but shall not be liable to) reject the publication or distribution of such information or to remove it at their sole discretion.
9. In case of third parties’ claims as regards any violation of their property and/or personal incorporeal rights by the User, the User shall settle all such claims on their own and at their own expense.
PRIVACY
1. The Service Provider shall collect the User’s personal data in the course of the User’s registration on the Website and use of the Services. All the data received shall be used and processed solely for the purposes of control and analysis for improving the operation of the Website.
2. The User’s e-mail address may be used by the Service Provider and/or the Website Administrators for contacting the User and for sending the Newsletter or any other messages or information at the Service Provider’s discretion.
3. The Service Provider shall in no case bear any responsibility for the User’s data published by the User or other users on the Website (even if such data is not demonstrated publicly as decided by the User or other users) nor for ensuring the confidentiality of such data.
4. The Service Provider may transfer the User’s personal data to the Service Provider’s affiliated persons or partners for storing, processing, etc. – solely for the purposes of fulfilling the Service Provider’s liabilities stipulated in this Agreement.
5. If the User performed their registration within the partnership agreement with a third party organisation (company, university, etc.) as a user belonging to such an organisation, the Service Provider may provide to such an organisation the User’s personal data required for keeping the organisation’s statistics, analysis of the quality of the services obtained by the organisation, etc., including but not limited to the User’s e-mail address and, if available, last name, first name, patronymic, student ID or work record ID, date of registration on the Website, etc.
6. The Service Provider may use cookies – files that can in a way identify the User – for the sake of the Website's correct operation.
7. The Service Provider may transmit cookies to third parties for the purpose of maintaining statistical records (which includes the identification of geolocation, analysis of page visits, etc.) and for customising the content displayed, including advertisements.
  1. If the use of cookies without the user's consent violates the law of the User's jurisdiction, the User shall stop using the Website and shall have no claims to the Service Provider in this regard.
  2. The User can turn off the use of cookies in their browser settings. In this case, the Service Provider shall bear no responsibility for the correct operation of the Website.
8. The Service Provider shall not transfer the User’s personal data to any third parties, except for the cases stipulated in paragraphs 9.4–9.5 hereof and except when:
  - the User violates the provisions of this Agreement and/or the legislation in force of Ukraine and/or
  - this is required by the legislation in force of Ukraine or requested on legal grounds (as judged by the Service Provider) by the public authorities of Ukraine.
9. If the User accepts the terms and conditions of this Agreement as stipulated herein, this confirms that the Service Provider has informed the User of the rights of a personal data subject and that the User has acquainted themselves with such rights in full and has understood them.
10. If the User accepts the terms and conditions of this Agreement as stipulated herein, this confirms that the User has granted to the Service Provider the right to collect, store, process, and distribute the User’s Personal Data that the User submits to the Service Provider via the Website; the User hereby confirms that they are placing their data on the Website voluntarily and that they voluntarily provide their consent to process such data to the Service Provider.
  1. By providing their Personal Data, the User gives their voluntary consent to the Service Provider to process and use their Personal Data in accordance with Law of Ukraine ‘On protection of personal data’ of 01 July 2010 no. 2297-VI with the aim stipulated herein.
  2. If the User wishes that their data not be processed, they have to submit an appropriate written statement in any form to the Service Provider. In this case, all of the data received from the User shall be removed from the Service Provider’s database.
  3. The User may delete their User Profile and all Personal Data submitted directly to the Service Provider with the help of the appropriate feature in the User Profile. The User acknowledges that the removal of the User Profile will lead to the removal of all data related to the User, including the information that does not belong to Personal Data, namely Bibliographic References, Bibliographies, etc. The User shall have no claims to the Service Provider in this regard.
  4. The User acknowledges that, due to technical reasons, upon the deletion of the User's Personal Data as described in paragraphs 9.10.2–9.10.3 hereof, some of such Personal Data may remain in the Website's database backups and logs. All such data will be deleted automatically within 1 month from the date when the User Profile has been deleted.
  5. The Service Provider shall not disclose the data received from the User, except for the cases set forth in the legislation.
11. The Parties hereby acknowledge that as a result of a failure in the Website’s operation, a hacker attack, technical faults, and/or other effects, the User’s Personal Data might become accessible to other persons. The User hereby confirms that they shall have no claims to the Service Provider in this regard.
12. The Service Provider shall bear no responsibility for the actions of third parties who, by means of using the Internet network or the Website, have gained access to the information about the User, nor for the consequences of use of the information that may be available to any Internet user due to the specifics of the Website.
APPLICABLE LAW
1. Regardless of the place of residence/location of the Parties hereto, this Agreement shall be governed by the legislation of Ukraine.
2. The resolution of any disputes between the Service Provider and the User in relation to the Agreement shall be governed by the legislation of Ukraine only.
3. If the User is an individual resident of Ukraine or a legal entity resident of Ukraine, any disputes, disagreements, or claims that arise under or in relation to this Agreement, including but not limited to those related to the conclusion, interpretation, fulfilment, violation, termination, or invalidation of this Agreement, shall be settled at Ukrainian courts appropriate to this particular kind of disputes in compliance with the legislation in force of Ukraine.
4. If the User is an individual non-resident of Ukraine or a legal entity non-resident of Ukraine and there are conditions stipulated in article 76 of the Law of Ukraine ‘On international private law’, any disputes, disagreements, or claims that arise under or in relation to this Agreement, including but not limited to those related to the conclusion, interpretation, fulfilment, violation, termination, or invalidation of this Agreement, shall be settled at Ukrainian courts.
5. If the User is an individual non-resident of Ukraine or a legal entity non-resident of Ukraine and there are no conditions stipulated in article 76 of the Law of Ukraine ‘On international private law’, any disputes, disagreements, or claims that arise under or in relation to this Agreement, including but not limited to those related to the conclusion, interpretation, fulfilment, violation, termination, or invalidation of this Agreement, shall be settled at Ukrainian courts, and if such a dispute cannot be settled at Ukrainian courts due to any reason, it shall be settled in compliance with the international private law, and the law applicable in this case for the resolution of the dispute shall be the substantive law of Ukraine.
6. The Agreement, its conclusion and fulfilment shall be governed by the legislation in force of Ukraine. Any issues not covered or incompletely covered by this Agreement shall be governed by the substantive law of Ukraine.
MISCELLANEOUS
1. This Agreement is legally binding for the Parties.
2. The Service Provider may amend or otherwise modify the provisions of this Agreement or any Annexes to this Agreement unilaterally at any time, without any prior notification thereof provided to the User and without the User’s consent. The Service Provider may – at their sole discretion – notify the User of any such amendments to or modifications of the Agreement by publishing such amendments or modifications on the Website and/or by sending an appropriate notification to the User.
  1. The absence of a notification stipulated in paragraph 11.2 hereof shall not exempt the User from the liability to fulfil this Agreement.
3. The User shall be responsible for periodically reading and monitoring the provisions of this Agreement and the annexes hereto.
4. The subsequent use of the Website shall constitute the User’s consent to any amendments or modifications that have been done to this User Agreement.
5. The User shall submit all claims as regards the quality of services to the Service Provider following the procedure stipulated in the legislation in force.
6. If, due to any reasons, any provision or multiple provisions of this Agreement are declared invalid or having no legal effect, this shall not affect the validity and the applicability of the other provisions of this Agreement.
7. All graphic elements herein, including the use of bold fonts, the blue colour, capital letters, etc., are used for convenience only. They shall not anyhow affect the interpretation or the application of the Agreement as a whole or of its individual elements.
8. All section titles in this Agreement are used for convenience only. They shall not anyhow affect the interpretation of the application of the Agreement as a whole or of its individual elements.
9. The Agreement is in the Ukrainian language and can be provided to the User in another language. In case of any discrepancies between the Ukrainian and the foreign-language versions of this Agreement, the Ukrainian version of this Agreement shall prevail.
10. All amendments to or other modifications of this Agreement done by the Service Provider shall come into effect and become legally binding from the date of their publication in the appropriate section of the Website.
11. The Agreement shall come into effect for the User from the date they accept it, which is confirmed by the fact of use of the Website by the User, and shall remain valid until the Parties fulfil all of their liabilities stipulated herein.
FEEDBACK AND COMMUNICATION
1. The User may send their suggestions, claims, and questions as regards the use of the Website to the e-mail address given in the ‘Contacts’ section of the Website at the following link: https://www.grafiati.com/es/contacts/.
2. The Service Provider shall provide the feedback to the User using any of the following means at their sole discretion:
  - by e-mail;
  - by phone – if the User has given their phone number in the course of registration;
  - by publishing an answer to the User on the Website’s appropriate pages;
  - by sending an answer to the User in the appropriate section of the User’s Profile on the website ‘Facebook’ – if the User has indicated the address of their Facebook profile in the course of registration.
3. If the User continues using the Website, this shall confirm that they have received all of the Service Provider’s messages, regardless of the method using which they had been delivered.
4. All messages that the Service Provider receives from the User shall be deemed information that the User does not treat as information with restricted access (except for banking details or other information having a special status under the law), and therefore can be disclosed by the Service Provider on the Website without the User’s prior consent.
LEGALLY BINDING NATURE OF THE AGREEMENT
1. The Parties hereby agree that this Agreement shall be a legally binding agreement for the Service Provider and the User from the date when the User accepts the terms and conditions of this Agreement in accordance with the provisions hereof.
TERM OF AGREEMENT
1. This Agreement shall remain valid until the complete fulfilment of the liabilities undertaken by the Parties in accordance with the terms and condition hereof.
DETAILS OF THE PARTIES
1. Details of the Service Provider:
  1. Website: https://www.grafiati.com/es/;
  2. Contact details: https://www.grafiati.com/es/contacts/.
2. Details of the User:
  1. The User shall provide their details in the course of Registration on the Website.
  2. The Service Provider may use all data they receive as a result of the User’s use of the Website as data identifying the User and belonging to their details as a Party hereto.