TERMS OF THE AGREEMENT

SUNSEED ART Limited Liability Company, code of USR 42419629 (hereinafter - Company) once the User accepts all provisions, rules and conditions of the Membership Agreement. If, for whatever reason the User disagrees with these provisions and does not accept the terms of the Agreement, he/she has no right and use the resources of the Site.

Company reserves the right to make changes, additions, and corrections to the Membership Agreement in separate parts or in whole at any time. Such changes are legitimate and effective from the moment of their publication. If the User keeps on working with the Site after such changes have taken place, the User acknowledges his/her consent with them. If at any time the User can no longer conform to the rules and terms given below, he/she should immediately stop using the Site and its files.

1. WORKING WITH SITE FILES

The Site is a resource that can contain or directly contains files, information, illustrations, photographs and similar files being the subject matter of copyright.

The User HAS NO right to pass, sell, publish, move, reproduce, or develop modified or redone works or use the Site content in any similar way, in part or in whole.

The files presented on the Site are provided by the Authors of works within the framework of License Agreements for the use of works of artists. The User has the opportunity and the right to download files exclusively for personal use only in accordance with the conditions established by this User Agreement.

Once the User purchases an image, it remains available for downloading for one year after payment is submitted. During this time the User can download it as many times as necessary without any additional payment, from the Download Link provided to the User's e-mail.

The User SHALL NOT transfer, sell, publish, move, reproduce, re-image or rework the materials of the Site or use them in any similar way, either in part or in whole.

Settlements between residents on the territory of Ukraine are proceed in hryvnias. The User, who is a resident of Ukraine, agrees that the price of access to the work specified in EUR is determined and paid in hryvnias, which is formed in the equivalent in hryvnias at the exchange rate of the receiving bank of the Company on the date of payment of the composition.

2. ACCESS PASSWORDS

The User confirms his/her consent that the process of user identification is performed with the purpose of granting him/her access to his/her user profiles and operations governing access to Site content. The username (login) and password chosen by the User are confidential information. The User realizes the necessity of non-disclosure of this information and promises to keep in secret and not uncover, pass, or offer personal access data to a third party without clear written permission from Company.

The User confirms his/her consent that he/she, as an owner of the access login and password, bears responsibility for each access to the Site content using the chosen login and password. Also, the User is informed and agrees that Company automatically accepts and recognizes his/her login and password as evidence and clear proof of the fact that it was the User who gained access to the Site content. The User realizes that the login and password are unique symbols, even though Company does not impose specific requirements as to their contents and quality.

By registering on the Site, the User agrees to the processing of personal data of the Company, inter alia, to any or a combination of actions to obtain, store, use, enter into the database, distribute, transfer to third parties, including the Company, additions or other changes, destruction and other actions that the Company may take with my personal data in written (paper), electronic and other form, including, but not limited to the following data: name, surname, patronymic, any contact information, as well as other information for the purpose of settlements, accounting and tax accounting, for communication with government agencies in the course of economic activity, as well as for other purposes that do not contradict the current legislation of Ukraine.

3.TERMS AND RULES OF PAYMENT AND REFUNDS

Payment for the goods is made using the payment systems offered on the Company's website, until the order is shipped.

In the case of ordering a printed poster and international delivery, the cost of printing and delivery is added to the cost of the order and paid for by the customer (user).

The cost of delivery within Ukraine is paid by the customer (user) upon receipt of the poster at Nova Poshta rates.

The printed poster is sent within 5 working days from the date of receipt of payment by the Company from the customer (user). The delivery of the order depends on the terms set by the delivery service.

Guided by the Resolution of the Cabinet of Ministers of Ukraine dated 19.03.1994 No. 172 On the Implementation of Certain Provisions of the Law of Ukraine "On the Protection of Consumer Rights", the materials of the site belong to the list of goods that are not subject to exchange (printed editions). 

Site materials in digital format are not subject to exchange.

4. RULES FOR THE USE OF FILES AND INTELLECTUAL PROPERTY

The User confirms that he/she does not intend to use files of the Site for unlawful or otherwise disapproved purposes. Thus, the User agrees to avoid using any files obtained from the Site in an inappropriate manner including, but not limited to:

• Abusing, threatening, hunting down, or violating the data protection rights of third persons or other users of the Site;
• Placing, uploading, publishing, showing, or distributing files of a scandalous or detractive nature, including ribald, indecent, coarse or unlawful pictures and other files;
• Passing, resending, uploading or in any other way distributing, cooperating or taking part in the distribution of files or other materials under the protection of intellectual property or copyright laws and any affiliated protections (including the right of confidentiality), excluding cases where the User owns or controls such rights or has necessary permissions, except for those provided for in this Agreement;
• Passing, resending, uploading or in any other way distributing, cooperating or taking part in the distribution of files containing harmful software (such as viruses) that may result in the disruption or total failure of the correct operation of software or hardware in other computers;
• Deleting, clearing, cutting or in any other way concealing any author attributions, labels, identifications, or legal notices in any files uploaded or downloaded by the User;
• Falsifying or imitating data concerning an original source of any files offered at the Site;
• Downloading or saving any files at the Site if the User knows that they are unlawful, cannot or should not be legally distributed;
• Using any Site options including but not limited to mailing to other members of the Site for advertising purposes, to distribute referral links, promote files, goods, services or activities, whether or not connected to the Site.

Files available on the Site may be copied and used for personal use by the User only for non-commercial and educational purposes. In addition, it is forbidden to modify the files in any way (for example, to remove or hide copyright marks). The user does not have the right to modify and create derivative works using the files presented on the Site, or to use them in any other way.

Files available on the Site may be copied and used for personal use by the User only for non-commercial and educational purposes. In addition, you may not modify the files in any way (for example, to remove or hide copyright notices). The user has no right to rework and create derivative works from the files presented on the Site, or use them in any other way.

The User agrees to refrain from using the Site in such a way that could result in its damage, operational trouble, or other negative outcome for other Site users. Also, the User agrees not to interfere with or access without authorization other Company user records. The User agrees to access Site files in accordance with Site rules and procedures.

5. CONFIDENTIAL INFORMATION

In accordance with the purposes of the present Agreement, the term «Confidential Information» should be read as any documents, data, information or files provided to the User as a result of using the Site and belonging to the Company, its employees, users, partners, licensees and licensors, or any -any other information that is clearly identified as confidential, including: design, trade secrets, personnel, methodologies, customers, materials of the Site owned by others, and other intellectual property.

The User realizes that Confidential Information is such and cannot be disclosed to third parties without clear written permission from Company and its licensors or used otherwise, except in cases established by law or directly specified within the present Agreement.

6. INDEMNITY

The User agrees to pay and indemnify, protect and also take the side of Company (its management, employees, shareholders, partners, affiliates and so on) against any claims, responsibilities, losses and expenses (including lawyers’ fees on a client basis and solicitor), incurred in the following cases:

• Purposeful or casual usage of the Site and/or its files made with the User login, regardless of whoever entered the authorization;
• Any correspondence made by the User or the downloading of any files made with the help of the User login;
• Any violation by the User of the terms and provisions of this Agreement.

Company reserves the right to assume the control and defense of any matter or require compensation or indemnification from the User at the expense of the User. In this case the User agrees to cooperate with Company’ defense in case of such claim.

7. TERM, GROUNDS AND PRINCIPLES OF TERMINATION

This Membership Agreement is effective until the moment of its termination. For such purpose at any time the User should send a message using the Site’s Contacts or by any other written form appropriate for him/her, which identifies the User and confirms the User’s intention to notify Company regarding the desire to terminate the Agreement. Company reserves the right at its discretion to suspend, terminate or restrict the User's right to access to all or some content and resources of the Site at any time, for any reason and without proofs or prior notices.

Company has the ability and right to suspend, terminate or change any part of the Site or the Site in the whole, its functions, resources or databases without prior notification or additional liabilities.

Company also retains the right to suspend or fully terminate access of the User to the Site files in case of absence of activity from the User over an extended period of time, which may be interpreted as the User’s inability to gain access to the Site files.

A Membership Agreement termination does not indicate automatic exemption of liability and obligation of reimbursement of debts to Company in accordance with the provisions of this Agreement or other liabilities of the User, namely: not to use the Site files or other content presented within its resources by ways other than those permitted with the terms and provisions of this Agreement that were valid by the moment of said use. This Agreement will be terminated without derogations or impairment to the rights of Company, limitations and defense of liabilities provided in accordance with the terms of this Agreement, which defense, limitations of liabilities and rights shall survive this Agreement’s termination.

8. AGE AND RESPONSIBILITY

Site, Site content and services are neither intended to be used by minors and persons under age of 18, nor designed and intended to willfully and knowingly collect, use, or disclose any personal information from minors and persons under age of 18. Company will immediately remove personal information from children and/or search to obtain a verifiable parental consent for the collection use, or disclosure of personal information from children, once it will come to Company’ attention that any personal information from children was submitted or collected through the Site.

The User confirms and warrants that he/she has reached the age of 18, has all the sufficient for usage of the Site and is bound by legal obligations sufficient for any liability that can appear as a result of usage of the Site files. The User agrees to bear full responsibility for all cases of the Site usage without distinction, as well as for use of his/her login and password by third parties including minors and persons under age of 18 living with him/her.

9. APPLICABLE LAW

By entering the Site the User agrees that this Membership Agreement is governed by the laws of the Ukraine. This Agreement is in the nature of an accession treaty. 

This Agreement is in the nature of an accession treaty in accordance with Article 634 of the Civil Code of Ukraine. 

The Parties shall be guided by the norms of the current legislation of Ukraine on issues not provided for in the Agreement.

All legal relations arising from or related to the Agreement (in particular, its validity, conclusion, execution, termination, interpretation of conditions, determination of consequences of invalidity or violation) are governed by this Agreement and the relevant legislation of Ukraine.

10. CONTACT INFORMATION

For any questions in connection with the provisions of this document, please contact Company using the contact information.

11. ACKNOWLEDGEMENT

BY ACCEPTING THE TERMS OF THIS AGREEMENT, THE USER ACKNOWLEDGES THAT HE HAS READ AND UNDERSTOOD THIS AGREEMENT AND THAT ALL THE TERMS ARE COMPREHENSIBLE, ACCEPTABLE AND CORRESPONDING TO HIS INTERESTS AND WILL. IN ACCEPTING THIS AGREEMENT, THE USER ACKNOWLEDGES THAT THE USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF COMPANY AGREEING TO PROVIDE THE CONTENT, THE USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE USER FURTHER AGREES THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE USER AND COMPANY, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE USER AND COMPANY RELATING TO THE SUBJECT OF THIS AGREEMENT.

BY ACCEPTING THE TERMS OF THIS AGREEMENT.

IN CASE THE USER DOES NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE USER SHOULD CEASE USING THE WEBSITE OR ANY FEATURES OF THE WEBSITE GOVERNED BY THE TERMS AND CONDITIONS OF THE PRESENT AGREEMENT; BY USING THE WEBSITE AND ITS FEATURES, THE USER IMPLICITLY AGREES WITH ALL THE TERMS AND CONDITIONS OF THE AGREEMENT.

If, for any reason, the User does not agree with these provisions and does not accept the terms of the Agreement, he/she shall  not use the Site's resources.

Disclaimer: The original, legally binding version of this document is written in Ukrainian, and it is translated into English language for the courtesy of our non-Ukrainian-speaking users. If there are any discrepancies between the Ukrainian version and a translated version, the Ukrainian version supercedes the translated version.