Last updated: 08.12.2022
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and SerhiiShevchenko.com (“Company”, “we”, “us” or “our”), concerning your access to and use of Our Products, Services, Website as well as any other media channel, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental Terms of Service or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. However, we may alert you about some important changes of these Terms of Service via email or other method of communication.
It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site. Any registration by, use of or access to any of our Products, Services or other Content by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Service. By accessing or using our Products, Services or other Content, you represent and warrant that you are at least 18 years old.
These Terms of Service require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Products, Services and other materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using the Site and/or the Content, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false information, we have the right to immediately deactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
As a user of the Site, you agree not to:
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of the Site and the Content as set forth in these Terms of Service is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Any request for written permission to use the Content, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on the Site, or by sending an e-mail to s@serhiishevchenko.com
We very clearly state that you may not use the Site and/or the Content, in whole or in part, in any way that is contrary to these Terms of Service unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights of the Site and the Content.
Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or any other data or information transmitted to us or through our services; therefore, submitting Confidential Information, data or other information is done at your own risk. We have reasonable security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.
How we use your Confidential Information. We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve the Site and/or the Content, (3) to periodically send promotions about new Products, Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Products or Services you purchase or use according to your interests and/or (6) for support or communication related to your requests.
Storage. All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver email or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND/OR ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
and include all of your reasons for dissatisfaction with your Product, Service. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
You also agree that should arbitration take place, it will be held in Kyiv, Ukraine, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, including on social media, designed to disparage us, our Company, or any of our Products and/or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If any terms of these Terms of Service are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
THE CONTENT IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT TO BE PERCEIVED AS OR RELIED UPON IN ANY WAY AS MEDICAL ADVICE, HEALTH ADVICE, PSYCHOLOGICAL, LEGAL AND/OR FINANCIAL ADVICE. WE ARE NOT PROVIDING HEALTH CARE, MEDICAL OR NUTRITION SERVICES OR ATTEMPTING TO DIAGNOSE, TREAT, PREVENT AND/OR CURE IN ANY MANNER WHATSOEVER ANY MENTAL, EMOTIONAL, PHYSICAL ISSUE, DISEASE OR CONDITION. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY EXCLUDE ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU OR OTHERS IN CONNECTION WITH THE SITE AND/OR THE CONTENT INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ANY ACCIDENTS, INJURIES, HARM, LOSS, DAMAGE, LOST PROFITS, PHYSICAL, MENTAL, EMOTIONAL, SPIRITUAL INJURY, HARM, LOSS OF INCOME, BUSINESS AND ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER AND WHETHER CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WE TRY TO ENSURE THE AVAILABILITY AND UNINTERRUPTED ACCESS TO THE SITE AND THE CONTENT. HOWEVER, WE CANNOT GUARANTEE THAT YOUR ACCESS WILL NOT BE SUSPENDED OR RESTRICTED FROM TIME TO TIME, INCLUDING TO ALLOW FOR MAINTENANCE OR UPDATES, ALTHOUGH, WE WILL TRY TO LIMIT THE FREQUENCY AND DURATION OF SUSPENCION OR RESTRICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OR REFUNDS, SHOULD THE SITE AND/OR THE CONTENT, IN WHOLE OR IN PART, BECOME UNAVAILABLE OR ACCESS TO THEM BECOMES SLOW DUE TO ANY REASON INCLUDING BUT NOT LIMITED TO UPGRADES, INTERNET TRAFFIC VOLUME, SERVERS’ OVERLOADS, GENERAL NETWORK FAILURES, OR ANY OTHER CAUSE.
Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
All information obtained during your purchase or transaction for our Products and/or Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. Per our Privacy Policy, please make sure that you review the privacy policy of our payment processor.
At the moment we use www.wayforpay.com as our main payment processor platform. That means that if you are making a purchase using credit card credentials other than ukrainian then your bank may block the payment as suspicious because the currency is UAH and not USD. So, you will have to contact your bank’s support and ask them to proceed with the payment. Some additional international currency exchange rates may apply.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Products, Services for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Products or Services you may be subject to the additional Terms of Service of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its Terms of Service that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.