Terms of use
1. General Provisions
1.1. The Rules for using the website www.dibrova-sweets.com (hereinafter – the “Rules”) define the terms of use of the website https://www.dibrova-sweets.com/ (hereinafter – the “Website”), as well as the rights and obligations of its users. The Rules also apply to relations related to the rights and interests of third parties who are not users of the Website, but whose rights and interests may be violated as a result of the actions of users of the Website.
1.2. The User is obliged to fully familiarize himself/herself with these Rules before using the Website. Use of the Website means full and unconditional acceptance by the User of these Rules.
1.3. These Rules may be amended and/or supplemented without any special notice. These Rules are an open and publicly available document. The User must regularly check the terms of these Rules for changes and/or additions. Continued use of the Website by the User after changes and/or additions to these Rules have been made means full and unconditional acceptance by the User of such changes and/or additions
2. Use of the Website
2.1. Use of the Website by the User is voluntary.
2.2. When using the Website, the User consents to the free collection, storage, processing, use, and dissemination of information by the Website administration.
2.3. By using the Website, the User agrees to these Rules and assumes the rights and obligations specified therein related to the use and functioning of the Website.
2.4. When using the Website, the User must not violate by his/her actions the legitimate rights and interests of other users or third parties and current legislation, including any intellectual property rights.
2.5. The Website administration has the right, at its own discretion, to form and place a list of recommended pages of the Website based on their informational value for users and other criteria.
2.6. The User bears full responsibility for his/her actions related to the use of the Website and the performance of other actions regarding the pages of the Website in accordance with current legislation, international legal acts, and these Rules.
2.7. The User understands that, except for cases established by these Rules and current legislation, the Website administration does not control the access of other users to the Pages of the Website.
2.8. The Website processes the User’s personal data for the purpose of providing the User with access to use the functionality of the Website, including for the purpose of verification, research, and analysis of such data that allow maintaining and improving the functionality and sections of the Website, as well as developing new functionality and sections of the Website. All necessary measures are taken to protect the User’s personal data from unlawful access, modification, disclosure, or destruction. The information provided by the User, including personal data, is used to ensure compliance with the requirements of current legislation (including for the purpose of preventing and stopping illegal and/or unlawful actions of the User). By using this Website, the User gives consent to the processing of his/her personal data
3. Obligations of the Website User
3.1. When using the Website, the User is obliged to comply with the provisions of current legislation, these Rules, and other special documents developed for this Website;
3.2. In case of doubts regarding the legality of performing certain actions, the User is recommended to refrain from performing such actions.
3.3. When using the Website, the User is prohibited from:
3.3.1. illegally using objects of intellectual property of users and third parties;
3.3.2. using software and carrying out actions aimed at disrupting the normal functioning of the Website, its services, and the pages of the Website;
3.3.3. using automated scripts (programs) to collect information on the Website and/or interact with the Website and its services;
3.3.4. performing multiple identical actions or other actions to collect information on the Website and/or interact with the Website and its services;
3.3.5. carrying out illegal collection and processing of personal data of users and other individuals and legal entities on the Website;
3.3.6. obtaining (attempting to obtain) access to any services by any means other than through the interface provided by the Website administration;
3.3.7. reproducing and distributing the functionality of the Website for any purposes;
3.3.8. independently or on behalf of other users (including by misleading or promising incentives to such users, etc.) performing actions aimed at artificially increasing the indicators of the Website counters using any programs, automated scripts, multiple identical actions, or other actions.
3.4. The User bears personal responsibility for any information that he/she posts on the Website, communicates to other users, as well as for any interactions with other users carried out by the User at his/her own risk.
3.5. In case of disagreement with these Rules or their updates, the User is obliged to stop using the Website.
4. Intellectual Property Rights
4.1. Rights to the content posted on the Website:
4.1.1. Any intellectual property rights to all objects of copyright posted on the Website, which in these Rules are called “content,” including text, graphic images, illustrations, videos, program code, scripts, programs, design and its elements, applications, music, sounds, and other objects and their compilations, belong to the lawful right holders.
4.1.2. None of the provisions of these Rules grant the User the right to use the trade name, trademarks, domain names, and other distinctive signs, as well as the design, structure of the Website, and other objects of intellectual property used in the design or functioning of the Website. The right to use the trade name, trademarks, domain names, and other distinctive signs, as well as the design, structure of the Website, and other objects of intellectual property used in the design or functioning of the Website, may be granted exclusively with the written consent of the right holder.
4.1.3. Except for cases established by these Rules and current legislation, no content may be copied (reproduced), processed, distributed, displayed in a frame, published, uploaded, transmitted, sold, or otherwise used in whole or in part without the prior permission of the right holder, except for cases when the right holder has explicitly expressed consent to the free use of the content by any person after the fact.
4.1.4. By posting content on the Website that belongs to him/her on lawful grounds, the User grants other users a non-exclusive right to personal non-commercial use of such content by viewing, storing, reproducing, copying, printing, etc.
4.1.5. Use by the User of content access to which was obtained for personal non-commercial use is permitted provided that all copyright marks or other authorship notices are preserved, the author’s name is preserved unchanged, and the work is preserved unchanged.
4.1.6. The User also grants the Website administration a non-exclusive right to use, in any form and in any manner, free of charge, the content posted on the Website by the User himself/herself and belonging to him/her on lawful grounds, for the purpose of ensuring the functioning of the Website by the administration to the extent determined by the functionality and architecture of the Website.
4.1.7. Except for his/her own content, the User has no right to upload or otherwise make publicly available (publish on the Website) content of other websites, databases, and other results of intellectual activity without the explicitly expressed consent of the right holder for such actions.
4.1.8. Any use of the Website or the content, except as permitted by these Rules, is strictly prohibited.
4.1.9. Unless expressly stated otherwise in these Rules, nothing in these Rules may be construed as a transfer of intellectual property rights to the content.
4.2. Liability for infringement of intellectual property rights:
4.2.1 The User bears personal responsibility for any content or any information that he/she uploads or otherwise makes publicly available on the Website or by means of the Website. The User has no right to upload or otherwise make publicly available on the Website any content or information if the User does not possess the corresponding rights to perform such actions acquired in accordance with current legislation.
4.2.2. The Website administration may, but is not obliged to, review the Website for prohibited content and may remove or move (without prior notice), at its discretion, any content that, in the opinion of the administration, violates these Rules, current legislation, and/or may violate rights, cause harm, or threaten the safety of other users or third parties.
4.3. Third-party websites and content:
4.3.1. The Website may contain links to other websites on the Internet (third-party websites), third-party content (links to: articles, photographs, illustrations, graphic images, music, sounds, videos, information, applications, programs, texts, and other objects of intellectual property belonging to third parties, as well as contain articles, photographs, illustrations, graphic images, music, sounds, videos, information, applications, programs, texts, and other content belonging to third parties), which are the result of intellectual activity and are protected in accordance with the law.
4.3.2. Said third parties, third-party websites, as well as third-party content are not checked by the Website administration for compliance with any requirements (reliability, completeness, good faith, legality, etc.). The Website administration is not responsible for any information posted on third-party websites to which the User gains access through the Website or through third-party content, including, among other things, any opinions or statements expressed on third-party websites or in third-party content. The Website administration is not responsible for third-party content posted on the Website.
4.3.3. Links or instructions for downloading files and/or installing third-party programs posted on the Website do not mean support or approval of such actions by the Website administration.
4.3.4. A reference to any website, product, service, or any information of a commercial or non-commercial nature posted on the Website does not constitute approval or recommendation of these products (services) by the Website administration.
5. Functioning of the Website and liability in its use
5.1. Users bear responsibility for their own actions in connection with the creation and placement of information on any pages of the Website in accordance with current legislation. Violation of these Rules and current legislation entails civil, administrative, and criminal liability.
5.2. The Website administration provides users with the technical possibility of using it, does not control and does not bear responsibility for the actions or inaction of any persons regarding the use of the Website or the formation, use, and performance of other actions regarding the Pages of the Website.
5.3. The information system of the Website and its software do not contain technical solutions that carry out automatic censorship and control of users’ actions and information relations in the process of using the Website.
5.4. The administration reserves the right at any time to change the design of the Website, its content, the scope of provided services, to change or supplement the scripts used, software, and other objects used or stored on the Website, any service applications at any time with or without prior notice, as well as to suspend the operation of the Website.
5.5. The Website administration is not responsible for the User’s violation of these Rules and reserves the right, upon independent detection, as well as upon receipt of information from other users or third parties about the User’s violation of these Rules, to change/remove (moderate) any information published by the User that violates the prohibitions established by these Rules, to suspend, restrict, or terminate the User’s access to all or any sections or parts of the functionality of the Website at any time for any reason, with or without prior notice. The Website administration reserves the right to delete, block the User’s personal page, other Pages of the Website and/or suspend, restrict, block, or terminate the User’s access to any of the functional capabilities of the Website if the Website administration determines that, in its opinion, the User poses a threat to the Website and/or its users and/or third parties. The Website administration applies the above measures in accordance with current legislation and is not responsible for possible negative consequences of such measures for the User or third parties.
5.6. The Website administration has the right to dispose of statistical information related to the functioning of the Website, as well as information about users or the Pages of the Website to ensure targeted display of advertising information to different audiences of users of the Website.
5.7. The Website administration has the right to send the User information about the development of the Website and its functionality, as well as to advertise its own activities.
5.8. Limitation of liability of the Website administration:
5.8.1. The Website and its services, including all scripts, programs, content, and design of the Website, are provided “as is.” The Website administration disclaims any warranty that the Website or its services will be suitable or unsuitable for specific purposes of use. The Website administration cannot guarantee and does not promise any specific results from the use of the Website and/or its functionality.
5.8.2. In order to avoid misunderstandings, the User should apply reasonable precautions before downloading or reproducing content from the Website, following links posted on the Website, and using any files posted on the Website, including software. The Website administration strongly recommends using only licensed antivirus and other software.
5.8.3. By using the Website, the User agrees that he/she downloads or reproduces from the Website or with its help any content at his/her own risk and bears personal responsibility for the possible consequences of using the specified content, including for damages that may be caused to the User or third parties, for loss of data or any other damage caused.
5.8.4. Under no circumstances shall the Website Administration or its representatives be liable to the User or any third parties for any violations of their rights and legitimate interests, for any damages, including lost profits or lost data, for damage to honor, dignity, or business reputation associated with the use of the Website, the content of the Website, third-party content, or other content to which the User or other persons gained access by means of the Website, regardless of whether the Website Administration warned or indicated the possibility of such damage.
6. Final Provisions
6.1. These Rules enter into force for the User in any case of being on the Website and are valid indefinitely.
6.2. If, for one reason or another, one or more provisions of these Rules are recognized as invalid, this does not affect the validity of other provisions of these Rules.