User Agreement (hereinafter referred to as the Agreement)
This document ‘User Agreement’ is an offer of the platform https://stattya.com/ (hereinafter referred to as ‘Stattya.COM’) to enter into an agreement on the terms and conditions set out below.
General provisions
1.1. The following terms and definitions shall be used in this document and in the relations of the Parties related thereto:
a. Agreement - means this document with all amendments, modifications and mandatory documents specified therein, as well as the agreement concluded on its basis.
b. User - is a legally capable individual over 18 years of age who has joined this Agreement in his/her own interest or acts on behalf of and in the interests of a legal entity he/she represents.
c. Website(s) - means any of the automated information systems available on the Internet at network addresses in the following domains (including subdomains, unless separate agreements are concluded in respect of subdomains): https://stattya.com/.
d. Mobile Application - means a computer program intended for installation and use on a device that allows the User to access the Service using a communication network.
e. Application - means computer and/or database programs, including the Website and the Mobile Application, intended to provide access to the Service using the Device for informational purposes.
f. Device - a personal computer, tablet, mobile phone, communicator, smartphone, other device that allows you to use the Programme and/or the Service for their functional purpose.
g. Service - is a set of services provided to the User using the Programme.
h. Content - means images, text, audio and video materials, as well as other objects of copyright and (or) related rights, as well as information and messages of any nature that are not the same.
i. Stattya.COM Account - is a single system of registration and authorisation in the Applications using an identifier assigned to the User by Stattya.COM or in other information systems determined at the sole discretion of Stattya.COM.
j. Personal Account - is a personal section of the Program to which the User gains access after registration and authorisation in the Application. The Personal Account is intended for storing the User's personal data, creating the User's profile, as well as viewing and managing other available functionalities of the Application and the relevant terms of use of the Application.
1.2. This Agreement may use other terms and definitions not specified in clause 1.1. of the Agreement. In this case, such term shall be interpreted in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of a term or definition in the text of the Agreement and other documents forming an agreement under the terms of the Agreement, the interpretation of the term or definition shall be guided by the interpretation determined by: first of all, legislation, and further - business customs and scientific doctrine.
1.3. Your use of the Software and/or the Service provided on its basis in any way and in any form within their declared functionality and purpose, including:
a. registration and/or authorisation in the Application using the Stattya.COM Account;
b. viewing the Materials in the Appendix;
c. posting or displaying any Content in the Application;
d. other use of the functionality of the Software or the Service provided;
- Create a contract on the terms of this Agreement in accordance with the provisions of the Civil Code.
1. 4. This Agreement and the mandatory documents specified herein shall determine the basic terms and conditions of use of the Applications, as well as any development and/or addition of new functionality.
1.5. A prerequisite for using the Application and providing the Service on its basis is the full and unconditional acceptance by the User of the terms of the following documents (hereinafter referred to as the ‘Mandatory Documents’):
a. The Website Rules posted on the pages of the said Website and regulating the procedure for using the functionality of the Website and/or the related Application;
b. The Privacy Policy posted and/or available on the Internet at https://stattya.com/page/privacy.
1.6. The provision of the Services is governed by the provisions of this Agreement, as well as documents additionally accepted on its basis (hereinafter referred to as the ‘additional document’), which are published by Stattya.COM on the pages of the websites belonging to them and may regulate the specifics of using a particular Service.
1.7. In the event of a conflict between the Agreement and the terms of use of any of the Services separately set out in an additional document, the terms of use of the relevant Service set out in the additional document relating to it shall prevail.
1.8. The Agreement, including the mandatory documents relating thereto, may be amended by Stattya.COM without any special notice. The new version of the Agreement and/or the mandatory documents specified therein shall come into force from the moment of posting on the Website or notifying the User in another convenient form, unless otherwise provided by the new version of the Agreement and/or the mandatory documents specified therein.
1.9. By using any of the options specified in clause 1.3. you confirm that:
a. Have reached the age of 18;
b. Have read the terms and conditions of this Agreement and the documents specified herein as binding on the Parties in full before using the Application and/or the Service provided on its basis;
c. You accept all the terms and conditions of this Agreement and the documents binding on the Parties specified herein in full without any exceptions or limitations on your part and undertake to comply with them or to stop using the Service. If you do not agree to the terms of this Agreement and the documents binding on the Parties specified herein or are not entitled to enter into an agreement based on them, you should immediately stop using the Application and the Service provided on its basis.
1.10. The current version of the Agreement is available at https://stattya.com/page/terms.
2. General terms of use of the Service
2.1. Viewing the Content posted on the Stattya.COM platform in the public domain does not require mandatory registration and/or authorisation of the User.
2.2. Any other use of the Platform's functionality, including the use of the Services, is allowed only after the User has registered and logged in to the Website in accordance with the rules established by Stattya.COM.
2.3. The list of functionalities of the Software, the use of which requires preliminary registration and/or authorisation, as well as acceptance of additional documents for the use of the Services, is determined at the sole discretion of Stattya.COM and may change from time to time.
2.4. Upon completion of the registration procedure using the Stattya.COM Account, a unique account is created associated with the User's Personal Account on the Stattya.COM Platform, which is necessary to use most of the functionality of the Applications and the Services based on them without separate registration of the User in any Application separately.
2.5. To register, the User undertakes to provide accurate and complete information about himself/herself on the issues proposed in the registration form and to keep this information up to date. If the User provides incorrect information or Stattya.COM has reason to believe that the information provided by the User is incomplete or unreliable, Stattya.COM has the right, at its sole discretion, to block or delete the User's account, as well as to refuse the User to use the Applications and related Services in full or in a certain part.
2.6. Stattya.COM reserves the right at any time to require the User to confirm the data specified during registration and to request in this regard supporting documents (in particular, identity documents), the failure to provide which, at the discretion of Stattya.COM, may be equated to the provision of inaccurate information and entail the consequences provided for in clause 2.5. of the Agreement. If the User's data specified in the documents provided by the User does not correspond to the data specified during registration, as well as in the case when the data specified during registration does not allow to identify the User, Stattya.COM has the right to take the measures specified in clause 2.5. of the Agreement.
2.7. Information about the User contained in the User's account and Personal Account is stored and processed by Stattya.COM in accordance with the Privacy Policy.
2.8. When registering, the User shall independently select a login (a unique symbolic name of the User's account) and password for access to the Personal Account. The User's password shall be subsequently changed using the software tools of the Program provided in his/her Personal Account. Stattya.COM has the right to prohibit the use of certain logins, as well as to set requirements for the login and password (length, valid characters, etc.).
2.9. The Registered User independently determines the procedure for using the Personal Account and other functionalities of the Programme, including the terms of use of the relevant Service, which, however, under no circumstances may contradict this Agreement with the exceptions set forth in additional documents.
2.10. Using the functionality of the Software, the User may independently, by his/her actions, at his/her discretion, disclose information about himself/herself to an indefinite number of persons (publish in the Service), which may include personal data.
2.11. The procedure and consequences of using the login and password by the User are defined in Section 6 of this Agreement.
3. Restrictions on the use of the Platform
By accepting the terms of this Agreement, you understand and acknowledge that:
3.1. Stattya.COM has the right to set limits and restrictions on the use of the Platform and the Services based on it for all Users or for certain categories of Users (depending on the location of the User, the language in which the Service is provided, etc.), including: the presence/absence of certain functions, the maximum storage period of information and data, special parameters of the information to be uploaded, etc.
3.2. Information about the established restrictions will be communicated to the Users in the form and manner determined at the sole discretion of Stattya.COM.
3.3. Unless otherwise provided for in additional documents for the use of a particular Service:
a. The User uses the Platform at their own risk. The Services are provided ‘as is’. Stattya.COM does not assume any responsibility, including for the compliance of the Platform and the Service based on it with the User's goals;
b. Stattya.COM does not warrant that: The Applications and/or Services meet the User's requirements at the time of acceptance of the Agreement and will meet them subsequently; the Services will be provided continuously, quickly, reliably and without errors; the results that may be obtained using the Applications will be accurate and reliable and may be used for any purpose or in any capacity (for example, to establish and/or confirm any facts); the quality of any product, service, information and Content obtained using the Services will meet the User's expectations;
c. Any information and/or materials (including downloadable software, letters, any instructions and guidelines, etc.) accessed by the User through the Platform may be used at the User's sole risk and the User shall be solely responsible for any possible consequences of using such information and/or materials, including any damage that may be caused to the User's computer or third parties, loss of data or any other damage;
d. Since the Applications and the Services based on them are constantly being supplemented and updated, the form and nature of the functionality of the Applications and the Services provided may change from time to time without prior notice to the User. Stattya.COM has the right, if necessary, at its sole discretion, to terminate (temporarily or permanently) the provision of the Services (or any individual functions within the Services) to all Users in general or to a particular User in particular, without prior notice;
e. Stattya.COM shall not be liable for any type of loss incurred as a result of the use of the Platform and/or the Services based on it by the User;
3.4. If any person has registered as a User on behalf of a company that has authorised it, it means that the company accepts the Agreement and undertakes to defend Stattya.COM, its subsidiaries, management, agents and employees from any lawsuits, proceedings and investigations related to the use of the Applications and/or the Services based on them, as well as from any liability, including financial liability, in respect of claims, losses, damages, proceedings, investigations, court costs and attorneys' fees.
3.5. Stattya.COM is not in any way related to the Content provided and/or posted (including broadcast) by Users on the Platform and does not verify the content, authenticity and safety of such Content or its components, as well as their compliance with the requirements of applicable law and the availability of the necessary scope of rights for its distribution and/or use.
3.6. The User shall be solely responsible for the compliance of the content of the Content posted by the User with the requirements of the applicable law, including liability to third parties in cases where the User's posting of such Content or its content violates the rights and legitimate interests of third parties, including personal moral rights of authors, other intellectual rights of third parties, and/or infringes on the intangible benefits belonging to them.
3.7. The User agrees that Stattya.COM is not obliged to carry out a preliminary check of the Content of any kind posted and/or distributed by the User through the Platform, and that Article.COM has the right (but not the obligation) at its discretion to refuse the User to post and/or distribute such Content or to remove any Content available through the Platform. The User acknowledges and agrees that he/she shall independently assess all risks associated with the posting and distribution of such Content, including the assessment of its reliability, completeness or usefulness.
3.8. In particular, when using the Platform, the User is not entitled to:
a. upload, send, transmit or in any other way post and/or disseminate information that is illegal, harmful, defamatory, offends morality, demonstrates (or is propaganda for) violence and cruelty, violates intellectual property rights, promotes hatred and/or discrimination against people on racial, ethnic, sexual, religious or other grounds, social grounds, contains insults to any individuals or organisations, contains elements of (or is propaganda for) pornography, child erotica, is an advertisement for (or is propaganda for) sexual services (including under the guise of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons;
b. violate the rights of third parties, including minors, and/or cause them any form of harm;
c. impersonate another person or a representative of an organisation and/or community without sufficient rights to do so, including Stattya.COM employees, as well as use any other forms and methods of illegal representation of other persons on the Internet, as well as mislead users or Stattya.COM regarding the properties and characteristics of any subjects or objects;
d. upload, send, transmit or in any other way post and/or distribute the Content, unless you have the right to do so under the law or any contractual relationship;
e. upload, send, transmit or in any other way post and/or distribute unauthorised advertising information, spam (including search engine spam), lists of other people's email addresses, pyramid schemes, multi-level (network) marketing (MLM), internet earnings systems and e-mail businesses, ‘chain letters’, as well as use the Platform to participate in these activities;
f. unauthorisedly collect and store personal data of other persons;
g. disrupt the normal operation of the Platform
h. post links to Internet resources whose content is contrary to applicable law;
i. facilitate actions aimed at violating the restrictions and prohibitions imposed by the Agreement;
j. otherwise violate the law, including international law.
3.9. In case of detection of violation of rights and/or interests in connection with the use of the Platform, including the posting of inappropriate Content by another User, Stattya.COM shall be notified thereof by sending a written notice with a detailed description of the circumstances of the violation and a hypertext link to the page of the Platform containing the materials that violate the relevant rights and/or interests.
3.10. In the event of claims from third parties regarding the violation of any property and/or personal non-property rights of third parties, as well as prohibitions or restrictions established by law by a certain User, such User is obliged, upon the request of Stattya.COM, to undergo official identification, providing Stattya.COM with a notarized obligation to settle the claims that have arisen at his own expense, indicating his passport data.
3.11. In the event that Stattya.COM is held liable or fined due to violations by the User of the rights and/or interests of third parties, as well as prohibitions or restrictions established by law, such User shall be obliged to fully compensate Stattya.COM for losses.
3.12. In case of repeated or gross violation of the terms of this Agreement and/or legal requirements, Stattya.COM has the right to block or delete the User's account, as well as prohibit access using the account to certain Applications and/or Services, and delete any information specified by the User in his/her Personal Account or Content posted by him/her without prior notice.
4. Intellectual rights
4.1. All objects accessible through the Programs, including design elements, text, graphic images, illustrations, videos, computer programs, databases, music, sounds and other objects placed within the Programs, are the objects of exclusive rights of Stattya.COM, Users and other right holders.
4.2. Stattya.COM grants the User the right to functionally use the Platform within its general functionality.
4.3. Using the Platform in other ways, including by copying (reproducing) the Content posted on the Platform, as well as elements that are part of the Platform, such as design elements, computer programs and databases, their decompilation, modification, and further distribution, public display, and disclosure to the general public, are strictly prohibited, unless otherwise provided for in this Agreement.
4.4. The User does not have the right to reproduce, repeat and copy, sell, or use for any commercial purposes any parts of the Platform (including the Content available to the User through the Platform), or access to them, except in cases where the User has received such permission from Stattya.COM or when this is expressly provided for in additional documents for the use of a separate Service.
4.5. The User may use the Platform, as well as the Content posted therein, for personal non-commercial use provided that all copyright, related rights, trademarks, other notices of authorship are preserved, the name (or pseudonym) of the author/name of the copyright holder is preserved unchanged, and the corresponding object is preserved unchanged. The exceptions are cases expressly provided for by law or additional documents for the use of a separate Service.
4.6. The Programs may contain links to sites on the Internet (third-party sites). The specified third parties and their content are not checked by Stattya.COM for compliance with certain requirements (authenticity, completeness, legality, etc.). Stattya.COM is not responsible for any information, materials posted on third-party sites to which the User gains access in connection with the use of the Platform, as well as for the availability of such sites or information and the consequences of their use by the User.
4.7. A link (in any form) to any site, product, service, or any information of a commercial or non-commercial nature posted within the Platform does not constitute an endorsement or recommendation of these products (services, activities) by Stattya.COM, except where expressly stated by Stattya.COM.
4.8. By accepting the terms of this Agreement, the User grants Stattya.COM a free (non-exclusive) license to use the Content in the following ways:
a. reproduce the Content, i.e. to make one or more copies of the Content in any material form, as well as to record it on an electronic device (right of reproduction);
b. distribute copies of the Content, i.e. provide access to the Content reproduced in any material form, including by network and other means, as well as by sale, rental, lease, lending, including import for any of these purposes (right to distribute);
c. publicly display the Content (right to public display);
d. publicly use the Content (right of public use);
e. communicate the Content in a manner that allows any person to access it interactively from any place and at any time of their choosing (right to general information);
f. modify the Content, i.e. to rework or otherwise process the Content, including translating the Content from one language to another (right to rework);
g. the right to transfer all or part of the obtained rights to third parties (right to sublicense).
4.9. The specified simple (non-exclusive) license to use the Content is granted to Stattya.COM simultaneously with the addition of the Content to the Platform for the entire term of exclusive rights to the objects of copyright and (or) related rights that constitute such Content, for use in all countries of the world.
4.10. The User guarantees the right to dispose of the Content under the terms of the aforementioned license to the necessary extent.
5. Message
5.1. Stattya.COM has the right to send the User to the email address specified in his Personal Account informational electronic messages (hereinafter referred to as "notifiers") about important events occurring within the Platform or in connection with it.
5.2. Among other things, it is allowed to use notifiers to inform the User about restrictions on access to the Platform and/or Service in connection with preventive maintenance, User violations, changes to the Platform's functionality, content or terms of provision of the Service, including changes to the Agreement, mandatory and additional documents.
5.3. Stattya.COM, at its sole discretion, has the right to use notifiers to distribute advertising of its services and products (services) of third parties.
6. Final provisions
6.1. This Agreement shall be governed and construed in accordance with the laws. Issues not regulated by this Agreement shall be resolved in accordance with the laws. All possible disputes arising from the relations regulated by this Agreement shall be resolved in accordance with the procedure established by the current legislation, in accordance with the norms of international law. Throughout the text of this Agreement, unless otherwise specified, the term “legislation” means the laws of the United States.
6.2. If for any reason one or more provisions of this Agreement are declared invalid or unenforceable, this shall not affect the validity or enforceability of the other provisions of the Agreement.
6.3. Inaction on the part of Stattya.COM in the event of a violation by the User or other Users of the provisions of the Agreements does not deprive Stattya.COM of the right to take appropriate actions to protect its interests later, nor does it mean that Stattya.COM waives its rights in the event of similar or similar violations.
6.4. All disputes under or in connection with the Agreement shall be subject to review, subject to jurisdiction.
6.5. This Agreement is concluded in English and in some cases may be provided to the User for review in another language.