Website Terms of Use
Published: 01|09|2020
Published: 01|09|2020
THIS WEBSITE TERMS OF USE, WITH AMENDMENTS MADE TO IT FROM TIME TO TIME, is an offer which is addressed to an individual aged eighteen and above and has the dispositive legal capacity to accept (enter into) these terms (hereinafter - the "User") and aimed at entering into a user (license) agreement between the User and UNICORN LLC incorporated in accordance with law of the Russian Federation (hereinafter- the "Rightsholder") in connection with the User's use of the services and functionality of the site at: holy-corn.com (hereinafter – the Site/Website/Services), all exclusive rights to which belong to the Rightsholder (hereinafter the "Agreement").
The User when exercising any (all) actions, including, but not limited to, registration, using the functionality of the Site or just staying on the Site accepts as it's specified in the Agreement and clause 438 of the Civil code of the Russian Federation (for the Users whose place of incorporation is the Russian Federation), thereby unconditionally agrees with all terms and conditions of this Agreement, and the above-mentioned actions of the User are recognized tacit (actions testifying of the will of the User to enter into this Agreement), the presence of which is evidenced and is considered to be sufficient to complete an unconditional acceptance of the offer of the Rightsholder and of this Agreement (the basis for the Users, citizens of the Russian Federation are clauses 158, 434 and 438 of the Civil code of the Russian Federation).
The User agrees with the terms of this Agreement and accepts the rights and obligations specified in it related to the Site using (accepts the Agreement).
1. Subject of the Agreement
1.1. the Rightsholder provides the User with the opportunity to use the Site and its functionality in accordance with the terms of the Agreement, as well as to use the Site and Services in full, including, but not limited to, to send requests and use other Website functional.
1.2. the Rightsholder is obliged to grant the User non-exclusive rights (simple non-exclusive license) to use the Site and its Services, including the use of the software and functionality of the Site in accordance with the terms and conditions of the Agreement.
Non-exclusive rights (simple non-exclusive license) implies the right to use the Site software that allows to work with materials, articles, database, computer programs (software) and use the Services and functionality of the Site throughout the world.
1.3. any additional Service using by the User provided by the Rightsolder on the Site may be subject to special terms applicable to this Service. The Rightsolder shall, if necessary, post such terms and conditions on the Site. All general terms of Services using are included in the Agreement. In the event of any conflicts between the special terms and the general terms, the special terms shall prevail in relation to the relevant Service.
2. Marketing conditions
2.1 the Rightsholder is entitled to inform the Users of marketing programs and promotions through the Site.
2.2 such marketing terms are an integral part of this Agreement.
3. Financial condition
3.1 Access to the Site, to the software, to all its component parts, as well as its functionality on the basis of a simple non-exclusive license is provided to the User free of charge.
3.2 the Rightsholder reserves the right to charge additional fees for the use of additional functionality and services.
4. Personal data of the user
4.1. The User agrees to the processing of his personal data by the Rightsholder when using the Site in accordance with the consent text that shall be offered to him before starting the Site using (User Registration), in accordance with the Policy of processing personal data of the Rightsholder, available on the Site. The User agrees to receive notifications from the Rightsholder to the e-mail address and mobile phone specified by the User at the time of registration (send requests).
4.2. The User is entitled to refuse the delivery of notifications at any time by sending a corresponding message to the email address: hello@holycorn.ru.
5. Intellectual property
5.1. Website, domain name, computer program, Content of the Website (hereinafter "User Content"), Databases, including any (all) intellectual property rights, for any (all) data, information, texts, graphics, sounds images or video materials, photographs, designs, trademarks, marks, trade names, URLS and (or) the Content part of the Site contained on the Website or brought to the public through the Website (hereinafter "Content"), the Site Code, as well as all copyrights, trademarks, service marks, brand names, other means of individualization and other intellectual property rights, as well as all property and personal non-property rights to the above are the intellectual property of the Rightsholder and belong to the and (or) its licensors or content providers and are protected by relevant internal and international intellectual property laws.
5.2. Except as otherwise expressly permitted by the Rightsholder in writing, it is not allowed to copy, reproduce, perform, transmit, sell, license, modify the Content, publicly display, integrate through cross-links or inserts, distribute or exploit all or part of the Content on any other website or other networked computer environment, or by any means not known to date, which may be further invented (each event of breach of this provision is considered to be illegal use).
5.3. Any illegal use is considered to be a breach of the exclusive rights, copyrights and other intellectual property rights of the Rightsholder (or) its licensors and content providers, as well as breach of the Agreement. Any breach of intellectual property law may result in sanctions provided for by applicable international law.
5.4. In case of breach of paragraphs 5.2. and 5.3. of this Agreement the Rightsholder is entitled to demand full indemnification for damages and lost profits, as well as sanctions provided for by Applicable law, out of court.
6. Use of the Site's materials
6.1 any unauthorized use of the information posted on the Site, design elements, design of the Site and its individual parts by the User is banned.
6.2 When authorized (legal) copying of the Site materials in newspapers, magazines and other non-electronic media, it is mandatory to indicate the English brand name of the Rightsholder as follows: UNICORN LLC. When publishing (reposting) Site materials on the Internet, there shall be active link to the relevant pages of the Site holycorn.com/.
7. Disclaimer of warranties (reservations) liability
7.1. When using the Site and Services the User understands and agrees with the following:
7.2. Access privilege to the Services is granted by the Rightsholder for informational purposes only. No Content posted on the site or on the Rightsholder 's social media page is intended to be used as professional advice of any kind. The Rightsholder is not liable for any consequences arising directly or indirectly from any actions or omissions by the User based on information, services or other materials that can be found on the Site or through it.
7.3. Under no circumstances none of the Parties shall be liable for any loss of profit.
7.4. The User is solely liable for the information posted by him or on his behalf, and for the consequences of it. The User is liable for information posted in connection with the Agreement for public access or transmitted privately.
7.5. The Rightsholder makes every possible effort to exclude from the Site irrelevant, false or incomplete information, while the responsibility for the placement of this information lies solely on the persons who posted it. The site is only a means for transmitting information.
7.6. The Rightsholder makes every effort to ensure the daily smooth operation of the Site twenty-four-hour. The Rightsholder cannot guarantee the availability of the Site due to the actions of administrators, operators, Internet providers or technical or routine work on the Site. The Rightsholder is not liable for any losses and / or damages resulting from the above problems and features of the Site maintenance.
7.7. The Rightsholder does not guarantee that the software, servers and computer networks used by the Site are free from errors and computer viruses. If the use of the Site resulted in loss of data or damage to equipment, the Rightsholder is not liable for it.
7.8. The User is obliged to indemnify the Rightsholder for any claims, legal cases, grounds for action, claims and other proceedings arising out of or in connection with the following (hereinafter referred to as Claims): (1) improper use by the User of the Site, the inability to use the Site by other Users, arising from the actions of the User; (2) any breach of the Agreement by the User; (3) breach by the User of any rights of the Site visitor, Users or any other third party. Besides the User is obliged to indemnify the Rightsholder at his request any amount of damage, losses, expenses, judgments, fees, fines and other costs that the above individuals or the Rightsholder may incur as a result of any Claim.
7.9. The Rightsholder shall be liable to the User for any direct losses incurred by the User under the Agreement as a result of the Rightsholder's unlawful actions in the amount of any documented losses, but the maximum aggregate liability of the Rightsholder on the basis of or in connection with any claim made by the User under this Agreement (including any related costs and expenses) shall not exceed an amount equal to one hundred percent of the total fee of the Rightsholder under this Agreement or the amendment agreement thereto.
8. Miscellaneous
8.1. The Rightsholder is entitled to assign or transfer the Agreement, as well as any or all, rights, benefits or obligations under it to any third party, provided that in such case the User is entitled to terminate the Agreement. The User is not entitled to transfer its rights and obligations under the Agreement to a third party.
8.2. If through a court proceeding any provision of the Agreement holds invalid, the User agrees that such provision shall be considered replaced by another provision that implements the original intentions of the parties (as it permitted by law). If one of the provisions of the Agreement becomes invalid due to changes in law, the remaining provisions remain unchanged. The invalid provision shall be replaced by a provision that is legally permissible and close in meaning to the replaced one. The invalidity of one or more provisions of the Agreement shall not invalidate the entire Agreement or other provisions thereof.
Contact us
UNICORN LLC
107031, Moscow, st. Petrovka, 19 c3.
hello@holycorn.ru
The User when exercising any (all) actions, including, but not limited to, registration, using the functionality of the Site or just staying on the Site accepts as it's specified in the Agreement and clause 438 of the Civil code of the Russian Federation (for the Users whose place of incorporation is the Russian Federation), thereby unconditionally agrees with all terms and conditions of this Agreement, and the above-mentioned actions of the User are recognized tacit (actions testifying of the will of the User to enter into this Agreement), the presence of which is evidenced and is considered to be sufficient to complete an unconditional acceptance of the offer of the Rightsholder and of this Agreement (the basis for the Users, citizens of the Russian Federation are clauses 158, 434 and 438 of the Civil code of the Russian Federation).
The User agrees with the terms of this Agreement and accepts the rights and obligations specified in it related to the Site using (accepts the Agreement).
1. Subject of the Agreement
1.1. the Rightsholder provides the User with the opportunity to use the Site and its functionality in accordance with the terms of the Agreement, as well as to use the Site and Services in full, including, but not limited to, to send requests and use other Website functional.
1.2. the Rightsholder is obliged to grant the User non-exclusive rights (simple non-exclusive license) to use the Site and its Services, including the use of the software and functionality of the Site in accordance with the terms and conditions of the Agreement.
Non-exclusive rights (simple non-exclusive license) implies the right to use the Site software that allows to work with materials, articles, database, computer programs (software) and use the Services and functionality of the Site throughout the world.
1.3. any additional Service using by the User provided by the Rightsolder on the Site may be subject to special terms applicable to this Service. The Rightsolder shall, if necessary, post such terms and conditions on the Site. All general terms of Services using are included in the Agreement. In the event of any conflicts between the special terms and the general terms, the special terms shall prevail in relation to the relevant Service.
2. Marketing conditions
2.1 the Rightsholder is entitled to inform the Users of marketing programs and promotions through the Site.
2.2 such marketing terms are an integral part of this Agreement.
3. Financial condition
3.1 Access to the Site, to the software, to all its component parts, as well as its functionality on the basis of a simple non-exclusive license is provided to the User free of charge.
3.2 the Rightsholder reserves the right to charge additional fees for the use of additional functionality and services.
4. Personal data of the user
4.1. The User agrees to the processing of his personal data by the Rightsholder when using the Site in accordance with the consent text that shall be offered to him before starting the Site using (User Registration), in accordance with the Policy of processing personal data of the Rightsholder, available on the Site. The User agrees to receive notifications from the Rightsholder to the e-mail address and mobile phone specified by the User at the time of registration (send requests).
4.2. The User is entitled to refuse the delivery of notifications at any time by sending a corresponding message to the email address: hello@holycorn.ru.
5. Intellectual property
5.1. Website, domain name, computer program, Content of the Website (hereinafter "User Content"), Databases, including any (all) intellectual property rights, for any (all) data, information, texts, graphics, sounds images or video materials, photographs, designs, trademarks, marks, trade names, URLS and (or) the Content part of the Site contained on the Website or brought to the public through the Website (hereinafter "Content"), the Site Code, as well as all copyrights, trademarks, service marks, brand names, other means of individualization and other intellectual property rights, as well as all property and personal non-property rights to the above are the intellectual property of the Rightsholder and belong to the and (or) its licensors or content providers and are protected by relevant internal and international intellectual property laws.
5.2. Except as otherwise expressly permitted by the Rightsholder in writing, it is not allowed to copy, reproduce, perform, transmit, sell, license, modify the Content, publicly display, integrate through cross-links or inserts, distribute or exploit all or part of the Content on any other website or other networked computer environment, or by any means not known to date, which may be further invented (each event of breach of this provision is considered to be illegal use).
5.3. Any illegal use is considered to be a breach of the exclusive rights, copyrights and other intellectual property rights of the Rightsholder (or) its licensors and content providers, as well as breach of the Agreement. Any breach of intellectual property law may result in sanctions provided for by applicable international law.
5.4. In case of breach of paragraphs 5.2. and 5.3. of this Agreement the Rightsholder is entitled to demand full indemnification for damages and lost profits, as well as sanctions provided for by Applicable law, out of court.
6. Use of the Site's materials
6.1 any unauthorized use of the information posted on the Site, design elements, design of the Site and its individual parts by the User is banned.
6.2 When authorized (legal) copying of the Site materials in newspapers, magazines and other non-electronic media, it is mandatory to indicate the English brand name of the Rightsholder as follows: UNICORN LLC. When publishing (reposting) Site materials on the Internet, there shall be active link to the relevant pages of the Site holycorn.com/.
7. Disclaimer of warranties (reservations) liability
7.1. When using the Site and Services the User understands and agrees with the following:
7.2. Access privilege to the Services is granted by the Rightsholder for informational purposes only. No Content posted on the site or on the Rightsholder 's social media page is intended to be used as professional advice of any kind. The Rightsholder is not liable for any consequences arising directly or indirectly from any actions or omissions by the User based on information, services or other materials that can be found on the Site or through it.
7.3. Under no circumstances none of the Parties shall be liable for any loss of profit.
7.4. The User is solely liable for the information posted by him or on his behalf, and for the consequences of it. The User is liable for information posted in connection with the Agreement for public access or transmitted privately.
7.5. The Rightsholder makes every possible effort to exclude from the Site irrelevant, false or incomplete information, while the responsibility for the placement of this information lies solely on the persons who posted it. The site is only a means for transmitting information.
7.6. The Rightsholder makes every effort to ensure the daily smooth operation of the Site twenty-four-hour. The Rightsholder cannot guarantee the availability of the Site due to the actions of administrators, operators, Internet providers or technical or routine work on the Site. The Rightsholder is not liable for any losses and / or damages resulting from the above problems and features of the Site maintenance.
7.7. The Rightsholder does not guarantee that the software, servers and computer networks used by the Site are free from errors and computer viruses. If the use of the Site resulted in loss of data or damage to equipment, the Rightsholder is not liable for it.
7.8. The User is obliged to indemnify the Rightsholder for any claims, legal cases, grounds for action, claims and other proceedings arising out of or in connection with the following (hereinafter referred to as Claims): (1) improper use by the User of the Site, the inability to use the Site by other Users, arising from the actions of the User; (2) any breach of the Agreement by the User; (3) breach by the User of any rights of the Site visitor, Users or any other third party. Besides the User is obliged to indemnify the Rightsholder at his request any amount of damage, losses, expenses, judgments, fees, fines and other costs that the above individuals or the Rightsholder may incur as a result of any Claim.
7.9. The Rightsholder shall be liable to the User for any direct losses incurred by the User under the Agreement as a result of the Rightsholder's unlawful actions in the amount of any documented losses, but the maximum aggregate liability of the Rightsholder on the basis of or in connection with any claim made by the User under this Agreement (including any related costs and expenses) shall not exceed an amount equal to one hundred percent of the total fee of the Rightsholder under this Agreement or the amendment agreement thereto.
8. Miscellaneous
8.1. The Rightsholder is entitled to assign or transfer the Agreement, as well as any or all, rights, benefits or obligations under it to any third party, provided that in such case the User is entitled to terminate the Agreement. The User is not entitled to transfer its rights and obligations under the Agreement to a third party.
8.2. If through a court proceeding any provision of the Agreement holds invalid, the User agrees that such provision shall be considered replaced by another provision that implements the original intentions of the parties (as it permitted by law). If one of the provisions of the Agreement becomes invalid due to changes in law, the remaining provisions remain unchanged. The invalid provision shall be replaced by a provision that is legally permissible and close in meaning to the replaced one. The invalidity of one or more provisions of the Agreement shall not invalidate the entire Agreement or other provisions thereof.
Contact us
UNICORN LLC
107031, Moscow, st. Petrovka, 19 c3.
hello@holycorn.ru