Terms of Use
Website – Online store “NOOSPHERE STORE” (http://www.noosphere.store/)
General terms
Online store “NOOSPHERE STORE” (http://www.noosphere.store/) (hereinafter the “Website”), administered by Private Entrepreneur Zyma Olga Petrivna (hereinafter “We, the Administration”) and its partner companies always strive to adhere to the best principles of business partnership and cooperation, justification of trust in the Website and partner companies, in particular, compliance with a responsible attitude to your personal data.
User of the Website (hereinafter “User”) is an individual who has/accesses the Website – Online Store “NOOSPHERE STORE” (http://www.noosphere.store/), through the Internet, and uses the Website.
These Terms of Use regulate the terms of use of the Website and its mobile versions/applications, in accordance with which the User can use our Website freely as a visitor (buyer) or registered user (if such functionality is available).
Use of our Website means that the User accesses this Website, views and interacts with the elements of the Website, visits pages/sections of the Website, interacts with the content (content, graphics and/or audio materials, etc.) of the Website, orders and purchases and/or performs other actions through the Website.
Before using our Website, we recommend that the User carefully read these Terms of Use, as it directly define the rules and procedures for the use of our Website by the User, in particular, determine the permitted and prohibited ways of using our Website.
We also recommend that you read our Privacy Policy, which includes information on the use of cookies.
User responsibilities
By accessing and using our Website in the future, the User acknowledges and certifies that he has read and agrees to these Terms of Use, Privacy Policy and agrees to follow its provisions.
By using the Website, the User acknowledges that he read about the possibility of using cookies by the Website. The User is informed about the possibility and methods of disabling them in the Privacy Policy, actions in case of impossibility to disable them, as well as possible risks regarding the unavailability of part of the functionality/capabilities of the Website when disconnecting them.
If the User disagrees with these Terms of Use and/or the Privacy Policy, we recommend that User stop using this Website immediately.
Access to and restriction of the Website
Access to the Website is free of charge.
However, we do not guarantee that the Website or any of its contents (content, graphics and/or audio materials, etc.) will always and at any time be available to the User and/or will not contain incorrect display/errors.
The applications and functions of the Website 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) required for use.
We recommend that the User always check the availability of the access service in his region with his operator or service provider.
The Website may be temporarily unavailable due to maintenance (support) or other reasons.
In addition, the Administration may terminate access to the entire Website or any part thereof at any time.
By using the Website, the User acknowledges and assumes responsibility for taking all necessary measures to access the Website, including self-access to the Internet.
The User also acknowledges and agrees that We cannot and do not guarantee that any content (content, graphics and/or audio materials, etc.) of the Website may not contain probable software viruses and/or other code that may have unwanted or harmful properties.
The User also acknowledges that he is responsible for carrying out all necessary procedures and/or virus scans (including anti-virus and/or other security scans) to ensure compliance with the special requirements of the User and/or the requirements of the User’s devices for the security and reliability of input and output (displayed) data on the Website and/or the Website as a whole.
In addition, the User is responsible for ensuring that all persons who access the Website via an Internet connection or electronic device of the User were aware of these Terms of Use and Privacy Policy and that they must comply with the requirements set out therein.
Unless the User proves otherwise, any actions taken using his Internet connection or electronic device will be considered as being committed by the respective User.
The Website is aimed at users (audience) living in Ukraine. Therefore, We do not guarantee that the Website and its content (content, graphics and/or audio materials, etc.) will be relevant or available in other territories (geographical areas) and/or in other countries.
If the User gained access to the Website through external links of a local (other) country, such User performs these actions at his 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 guarantee that the Website is compatible with the software installed on the User’s electronic device or that it is compatible with the technical specifications of the User’s electronic device.
The User of the Website must
When using the Website, the User certifies that he is acquainted, aware and must:
– refrain from actions aimed at abusing the Website, including, but not limited to, through the use of malicious software or hardware (viruses, “logic bombs”, “computer worms”), other malicious algorithms or technologies and/or other data that contains malicious code, spam, etc .;
– refrain from actions aimed at attempting to gain unauthorized access or interfering with the proper operation of the Website, including, but not limited to, the User is prohibited from taking actions to circumvent security measures, interfere with the Website, hack or otherwise disrupt the normal operation of the Website and/or any computer system, server or any other device connected to the Internet. The 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 the use of this error or vulnerability;
– refrain from downloading, posting, transmitting and/or distributing, and/or otherwise publishing any materials on the Website that:
(a) are protected by copyright or other private or intellectual property rights, or derivative works in relation to such material, except as provided in these Terms of Use, or without permission from us or the copyright owner/licensor for such use;
(b) are illegal, threatening, disturbing, abusive, harmful, infringing on the rights of third parties, 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 against another person or group of persons) that infringe on privacy and/or the constitutional, territorial structure of the state;
(c) restrict or prevent any other user from using and properly performing, in accordance with these Terms of Use, the necessary actions on the Website;
(d) represent or promote behavior that will be a threat/reason for committing a criminal offense and/or a basis for another type of liability;
(e) contain malicious software or hardware (viruses, “logic bombs”, “computer worms”) or other malicious components (codes, spam), any kind of advertising, or erroneous or misleading facts;
– refrain from any discrimination or conduct that promotes or generates discrimination on the grounds of age, appearance, skin color, criminal record, height, disability status, ethnicity, marital status, gender, generation, genetic characteristics, nationality, sex, race, religious beliefs, political views, and sexual orientation;
– refrain from committing acts that violate or objectively violate the current legislation;
– refrain from using profanity or language that contains sexism, insults, slander (for example, when communicating with other Members, employees of the Administration or other communications on the Website);
– refrain from showing disrespect to others;
– refrain from inciting violence or using hate speech;
– refrain from actions expressly prohibited by these Terms of Use and/or Privacy Policy, as well as the provisions of current legislation of Ukraine and international law.
Intellectual property rights
If the content of the Website (content, graphic and/or audio materials, etc.) does not contain information about the right holders and/or licensors, the Administration is the right holder and/or licensor of all intellectual property rights on the Website, and also the owner of the content of the Website (content, graphics, etc.) uploaded on it or otherwise legally uses the specified content.
The provisions of current legislation of Ukraine and the provisions of international law, as well as the relevant agreements (treaties) protect these rights to intellectual property.
In addition, U.S. and foreign laws in the areas of copyright, trademarks, and other applicable laws protect a number of intellectual property rights.
Please also note that the Administration is the owner and/or licensor of the marks for products and services and/or brands that are downloaded (posted) on our Website or otherwise legally use these designations, as well as all names, logos, etc. related to such marks for products and services and/or brands, if it is not clear or if such marks, logos, etc. do not indicate other information about the right holder and/or or licensor.
The 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 material must contain information about copyright or other information about the owner and/or licensor of such rights.
The User is prohibited from making any changes (updates, additions, etc.) to paper or electronic (digital) copies of any materials that the User printed or downloaded from our Website, and is prohibited to use any graphic materials (photos, audio, video, etc.) from our Website separately from any accompanying text specified on the Website.
In case of such download or copying of materials from the Website by such User, no rights, licenses, patents or permits for such materials are transferred.
The User is prohibited from using the materials uploaded (published) on the Website in any other way than for personal use (including reproduction, commercial use, modification, etc.) without obtaining our prior and/ or the relevant right holder and/or licensor of the permit/license in writing.
In addition, the User is prohibited from using any part of the content (content, graphics, etc.) uploaded (published) on our Website, for commercial purposes without obtaining our and/or the relevant right holder and/or licensor of the permit/license in writing.
If the User prints, copies or downloads any materials downloaded (published) on our Website, in violation of these Terms of Use, the User’s right to use our Website is terminated immediately, and such User must return or destroy (at the appropriate discretion of the User) any copies of these materials of the Website, which were made by the User.
The content of the Website may be used only for the purpose specified in this document. 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 content (content, graphics and/or audio materials, etc.) on the Website is provided for general information.
We will make every effort to ensure the accuracy of the data on our Website, but the content (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 for individuals as advice to be trusted.
We do not provide any explanations or guarantees, whether explicit or implicit, that any information is accurate, complete or relevant, and fully permitted by applicable law, We are not responsible for any loss or damage caused by the User’s trust to the information or to any person to whom such User communicates the specified information.
If the User finds any inaccurate information on our Website, we encourage him to contact us, and we will make every effort to correct it as soon as possible, in case we agree with such inaccuracy.
The Administration has the free right to use without any compensation to the User any concepts, ideas, know-how or technologies contained in any message, comment, response, suggestion, reaction, etc. of the User, openly sent to us (publicly available) and/or openly published (publicly available) on the Website for any purpose, unless such information is subject to the Privacy Policy.
At the same time, the User acknowledges and agrees that We do not undertake to use any such ideas or materials, and that the User has no right to force us to use them.
Conducting competitions, events and/or promotions
The rules and procedure for any competition, event, promotion and/or project organized and conducted by us and/or advertised on our Website are determined by the relevant provisions or rules of the competition, event, promotion and/or project, which are additionally posted on Website.
Links to other Websites/social networks (media platforms)
We may install and post on our Online Platforms links to Websites/Social Networks (Media Platforms) that are not part of our Website/Administration and/or our partner companies.
If the User intends to use these Websites at such links, such User must review their privacy terms and their principles of operation of the Website, including the collection User’s personal data.
We are not responsible for the policies and practices of other companies, and any information provided by the User to such companies is subject to their privacy policies.
References are not intended to constitute or constitutes a legal relationship between the Administration and any third party, nor any obligations or liability on the part of the Administration for the content, advice, statements, products or services of any third parties (including number published on the Websites/pages of social networks (media platforms) of third parties) and any endorsements or warranties regarding their products and services or activities, their quality or characteristics.
The order of use of User’s personal data
The procedure for using the User’s personal data is determined by the Privacy Policy, which regulates the policy and procedural aspects of collecting, using and disseminating personal data provided by the User when using the Website and its mobile versions/applications, managed and administered by FOP ZYMA O.P. and is an integral part of the Terms of Use of the Website.
The privacy policy is developed in accordance with the provisions of the Laws of Ukraine, taking into account the principles and requirements of European legislation on personal data protection.
Age of using the Site
The Website and its content (content, graphics, etc.) are intended for Users who have reached the age of sixteen.
Otherwise, permission to use the Website to the User must be provided by the legal representatives of the User.
We take all available technological and organizational capabilities, as well as reasonable steps to ensure that the use of the Website is carried out by a User who has reached the age of sixteen.
In the event that the legal representatives of the User contact us regarding the lack of appropriate permission and/or detection that the User who has not reached the age of sixteen uses the Website, we may terminate access to the Website to such User.
Update of the Terms of Use and the Website
We have the right to change (update) these Terms of Use from time to time without prior notice to the User, posting an updated version on our Website.
We recommend the User check this section of the Website from time to time and pay attention to all changes (updates), as they are mandatory for each User.
We may also update our Website from time to time and change its content at any time (content, graphics, etc.).
However, we draw the User’s attention to the fact that any content (content, graphics) of our Website may become obsolete (out of date) at some point, and We are not obliged to update it.
Limitation of liability
We do not exclude or limit our liability to the User in any way, where such a restriction would be a violation of the Law of Ukraine or concluded/confirmed electronic transactions (agreements).
We are not responsible in cases specified by the Law of Ukraine, concluded/confirmed electronic transactions (agreements) and these Terms of Use and/or Privacy Policy, in particular:
We are not responsible for the fact that the content (content, graphics and/or audio materials, etc.) of this Website may contain technical inaccuracies or other errors.
This Website and the content (content, graphics and/or audio materials, etc.) of the Website provided “as is”, without any guarantees in any form, both directly and indirectly, to the fullest extent permitted by applicable law of Ukraine.
We also disclaim any warranties or commercial value or suitability of the Website and/or the content (content, graphics, etc.) of the Website for certain purposes.
We do not guarantee that the functions of the Website and/or content (content, graphics, etc.) work without obstacle or error, that such deficiencies, even if detected, will be corrected, or that this Website and/or the Server that provides access to it, do not contain viruses or other harmful components (including codes, spam, etc.).
In particular, We are not responsible for the consequences (including technical, reputational, financial, etc.) caused to the User in connection with the use of our Website and/or content (content, graphics and/or audio materials, etc.) of the Website.
The User, using the Website, agrees to protect, indemnify, free us, our officials, employees, partner companies from any claims, obligations, costs, including, without limitation, reasonable legal costs incurred in any case in the use of such User of the Website or the placement or transmission of any message, information, software or other materials through the Website.
In case of disagreement of the User with this limitation of liability, we recommend that User stop using this Website immediately.
Disclaimer of these Terms of Use
The User and/or the Administration may at any time refuse to comply with the provisions of these Terms of Use.
The User may waive these Terms of Use by deleting (destroying) all materials received/downloaded from our Website and/or made copies of materials from the Website for personal use and terminating further access to the Website. However, in case of violation of the Rules by the User, the Terms continue to apply to the User until they are compensated for such violation in accordance with the Rules or applicable law.
We may refuse to comply with these Terms of Use without notice if, in our opinion, the User violates any terms and conditions of the Terms of Use and/or the Privacy Policy by restricting the User’s access to the Website.
Final provisions
These Rules of Use must be regulated and interpreted in accordance with the provisions of current legislation of Ukraine. However, if the User used this Website in violation of the laws of another state, we reserve the right to protect our legitimate interests in that state in accordance with its law.
If any part of these Terms of Use becomes illegal, invalid or loses legal force, this part will be considered autonomous and will not affect the validity and legal force of other provisions of these Terms of Use.
Probable and/or potential evidence of the User’s use of our Website for illegal purposes will be provided to law enforcement agencies.
These Terms of Use constitute the entire agreement between us and the User regarding the terms and conditions of use of this Website.
Our contacts
Legal address: NGO «Association Noosphere», 49050, Dnipro, Nauky Avenue 103-A;
Tel.: +380964530210
Email: [email protected]