Last Updated: ________________
These Site Terms are not intended to alter the terms or conditions of any content license agreement you may have with Andrey Tkachenko, his subsidiaries or affiliates, and to the extent of any conflict, the terms of your content license agreement will prevail. By using the Site, you represent and warrant that you are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Andrey Tkachenko for violations of these Site Terms. You also promise that the information you submit to us is true, accurate and complete, and you agree to keep it that way at all times.
Ownership of the Site and its Contents
The Site is owned by Andrey Tkachenko. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof («AtDesign Content»), is owned by Andrey Tkachenko, his licensors, or his third-party image partners. All elements of the Site are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.
Use of the Site
The Site and the AtDesign Content are intended for customers of AtDesign.com. You may not use the Site or the AtDesign Content for any purpose not related to your business with AtDesign.com. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the AtDesign Content without, or in violation of, a written license or agreement with Andrey Tkachenko; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the AtDesign Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any AtDesign product or service if you are not expressly authorized by such party to do so; (e) reverse engineering, altering or modifying any part of the Site or the AtDesign Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) selling, licensing, leasing, or in any way commercializing the Site or the AtDesign Content without specific written authorization from Andrey Tkachenko; and (h) using the Site or the AtDesign Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, and privacy.
Any payment you make through the Site will be processed via a European acquirer and constitutes an agreement between you and Andrey Tkachenko. You are responsible for all applicable taxes and any applicable Third Party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees).
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our office:
AtDesign Trademarks, the AtDesign logo, and any other product or service name or slogan contained in the Site are trademarks of Andrey Tkachenko, his suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AtDesign.com or the applicable trademark holder. You may not use metatags or any other «hidden text» utilizing «AtDesign» or any other name, trademark or product or service name of Andrey Tkachenko without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of AtDesign and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not frame any AtDesign trademark, logo or other proprietary information, including the AtDesign Content, without Andrey Tkachenko’s express written consent.
AtDesign.com makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of AtDesign and AtDesign is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. AtDesign provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by AtDesign of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that AtDesign shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site («Registration Data»); (b) maintain and promptly update the Registration Data, and any other information you provide to AtDesign, to keep it accurate, current and complete; (c) maintain the security of your password and other means of identification; (d) notify AtDesign immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account, including, but not limited to, all applicable taxes and any applicable third-party fees (including, but not limited to, credit card fees, foreign exchange fees and cross border fees); and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to AtDesign.
Third-Party Financial Information
AtDesign may provide links to third-party websites or services that contain financial or investment information about AtDesign. Access to such websites and the information contained therein is provided as service to those interested in the information. AtDesign neither regularly monitors nor has control over the content of third parties’ statements or websites. Accordingly, AtDesign does not endorse or adopt these websites or any information contained therein, including, without limitation, analyst’s reports and stock quotes. AtDesign makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on the Site. Users visit these websites and use the information contained therein at their own risk.
You agree to defend, indemnify and hold harmless Andrey Tkachenko, his subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the AtDesign Content, or your violation of any rights of other persons.
THE SITE IS PROVIDED «AS IS» AND ATDESIGN AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANDREY TKACHENKO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE ATDESIGN CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR.
AtDesign uses reasonable efforts to ensure the accuracy, correctness and reliability of the AtDesign Content, but we make no representations or warranties as to the AtDesign Content’s accuracy, correctness or reliability.
Some countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by domestic legal provisions.
Limitation of Liability
IN NO EVENT SHALL ATDESIGN.COM, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE ATDESIGN CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ATDESIGN.COM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ATDESIGN’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANDREY TKACHENKO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ATDESIGN.COM FOR ACCESS TO OR USE OF THE SITE.
Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the AtDesign Content shall be submitted to _________. Arbitration under this provision shall be conducted by a single arbitrator under the rules __________. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding any of these Site Terms, AtDesign reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Andrey Tkachenko. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each such clause will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Andrey Tkachenko reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the «last updated» date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit the Site.
Questions and Contact Information
Please contact us if you have any questions or comments about the Site or Site Terms.