1.General Terms
1.1.This User Agreement (hereinafter the “Agreement”) governs the relationship between a person (hereinafter referred to as the “User”) using the website located on the Internet at triphearts.com (hereinafter “the Site”) and the owner of the Site (hereinafter “the Administrator”) , and governs access to the Site and the terms of its use.
1.2.By starting to use the Site, or by going through the registration procedure, the User confirms his capacity and acceptance of the terms of the Agreement in full, without any reservations or exceptions. Acceptance of the Agreement also means acceptance of the terms of the Privacy Policy posted on the Site at https://triphearts.com/en/privacy.
1.3.Use of the Site is prohibited to persons under the age of majority. By continuing to use the Site, the User guarantees that he is 18 or more years old. Otherwise, the User must leave the Site.
1.4.If the User does not agree with the terms of the Agreement (in whole or in part), the User is prohibited from using the Site, any information posted on the Site, any services that are provided through the Site and the User is obliged to leave the Site.
1.5.The site is a communication platform and is intended for entertainment and educational purposes related to travel. Interactions and communication between users are carried out directly. The Administrator is not a member of the interaction between Users.
1.6.This agreement was made in Russian. If any translation of this agreement conflicts with its Russian version, then the priority is kept in Russian.
2.Rights and obligations of the parties
2.1.The administrator has the right to change or delete any information published on the Site at any time for any reason.
2.2.The administrator has the right to set any restrictions on the use of the Site by Users.
2.3.The administrator has the right to place advertising and / or other information in any section of the Site without the consent of the User.
2.4.If the User violates the terms of the Agreement, the Administrator has the right to suspend, restrict or terminate the access of such User to any section of the Site or to the Site as a whole, unilaterally at any time, without being liable for any harm that may be caused to the User such actions.
2.5.The Administrator has the right to send messages to Users, including electronic messages to the User’s email addresses or SMS messages to the User’s mobile phone numbers containing information, advertising or other information about the capabilities of the Site.
2.6.The user is forbidden:
- To disseminate information that is aimed at propagating war, inciting national, racial or religious hatred and enmity, as well as other information, for the distribution of which provides criminal or administrative liability;
- Deliberately post false information, thereby misleading other Users;
- Provide for use your account and / or login and password from your account to third parties;
- Post information (including any materials) that infringes copyrights, trademark rights for goods and services, industrial property rights and / or rights to other intellectual property owned by third parties;
- Place information that violates the rights and legitimate interests of third parties (including the placement of photos and videos, the main object of which is a person, if this person did not consent to posting photos or videos on the Site);
- Use any computer programs for the automated collection of information on the Site;
- To carry out the illegal collection, systematization, storage or dissemination of personal information of other users;
- Try to access the account and / or login and password of another Account in any way, including, but not limited to, using deception, breach of trust, choosing a login and password;
- Post computer viruses and / or programs that can interrupt or disrupt the normal functionality of computer hardware and / or software, as well as telecommunications of any persons.
- Distribute information about the services provided by the Administrator’s competitors;
2.7.The user undertakes not to carry out actions aimed at destabilizing the operation of the Site, carried out attempts of unauthorized access to the Site, as well as from any other actions that violate the rights of the Administrator and / or third parties.
2.8.The User has the right to send information to the Administrator on the facts of violation by other Users of their obligations arising from the conditions of agreements concluded between them concluded using the Site.
2.9.Unless the User proves the opposite, any actions performed using his account and / or his login and password are considered to be carried out by this User.
2.10.The User guarantees that he has all the rights to use the materials placed by him when creating the Advertisement.
2.11.The User is solely responsible for any use of the information that is available on the Site.
2.12.The user is solely responsible to third parties for their actions or omissions when using the Site.
3.Responsibility. Disclaimer
3.1.The administrator is not responsible for possible unlawful actions of the User or third parties.
3.2.The Administrator is not liable to the User or any third parties for any direct and / or consequential damages, including lost profits or lost data, harm to honor, dignity or business reputation incurred in connection with his use of the Site or the inability to use it.
3.3.The Administrator will not be liable for any costs or damages directly or indirectly incurred by the User or third parties as a result of using the Site, or the inability to use it.
3.4.In case of claims by the User to third parties or another User related to the use of the Site, the User undertakes to make these claims independently without interference from the Administrator, and also releases the Administrator from all claims, obligations, compensation for damages, damages, costs and expenses, including attorney’s fees, whether known or unknown, arising from or in connection with these claims.
3.5.If third parties, including another User, make claims to the Administrator related to the use of the Website by the User, the User undertakes to settle these claims with third parties, at his own expense, protecting the Administrator from possible losses and proceedings, or to speak on the side of the Administrator in such proceedings.
3.6.The administrator is not responsible for the use by third parties of the information posted by the User on the Site.
3.7.The administrator does not undertake to verify, change and control information that is located on the Site by anyone, does not guarantee and is not responsible for the accuracy of the information, its legality, quality and compliance with specific requests and needs of the users of the Site.
3.8.The administrator is not responsible for the content of sites that do not belong to him, links to which may be present on the Site.
3.9.The Administrator is not responsible for any unauthorized access or use of the Administrator's servers and / or any information stored on them about Users, as well as for any errors, viruses, Trojan horses, etc., which may be transmitted to the Site By third parties or users.
3.10.The Administrator does not guarantee the compliance of the Site with the goals and expectations of the User, its uninterrupted and error-free operation, as well as the safety of the User’s account and the information posted by the User on the Site.
3.11.The Administrator is not responsible for the harm or loss incurred by the User or third parties as a result of an erroneous understanding or misunderstanding of the terms of this Agreement, instructions or instructions on how to use the Site, on how to post information data and other technical issues.
3.12.The administrator is not responsible for the damage and harm that has arisen as a result of and in the process of using the Site.
3.13.Under any circumstances, the Administrator is not liable to the User and third parties.
4.Intellectual Property
4.1.The property and personal non-property rights to the Site belong to the Administrator and are protected by the legislation of Ukraine, as well as the relevant norms of international law.
4.2.The User reserves the ownership of the intellectual property contained on the Site by this User. The user acknowledges and agrees that on the Site all names, names, trademarks, symbols and slogans registered in the prescribed manner are the property of their respective owners and cannot be used without prior consent.
4.3.All rights to property and on profits only with respect to such property remain solely with the Administrator and / or the relevant third party.
4.4.The User has no right to place on the Site any information that contains intellectual property, including, but not limited to, text, graphic images, audio and video products, computer programs, databases, signs for goods and services, etc. ., if he does not have the appropriate rights to commit such actions.
4.5.Information that has been posted on the Site after being copied from other sources may be deleted by the Site Administrator upon request of the copyright holders or relevant information about copyright holders upon the request of the latter may be added to the placement of such information.
5.Personal data
5.1.The user grants the Administrator the right to process his personal data under the conditions provided for in the Privacy Policy posted on the Site at https://triphearts.com/en/privacy.
6.Additional terms
6.1.The administrator has the right to make changes to this Agreement without prior notice to the User. All changes made to the Agreement will be available as a new version of the Agreement posted on the Website at https://triphearts.com/en/terms-of-use. All changes to the Agreement are effective from the date of their publication. Using the Site, the User confirms his acceptance of the new terms of the Agreement as amended, which is valid at the time the User uses the Site.
6.2.In the event that any part of this Agreement is recognized as invalid or impracticable, the other parts of the Agreement will remain in force. The User’s refusal of any provision or condition of this Agreement, or any violation thereof, does not invalidate the validity of this provision or condition.
6.3.The Administrator may, at any time and without notice to the User, assign his rights under this Agreement to a third party.
6.4.The legislation of Ukraine applies to this Agreement and the relationship between the Administrator and the User. Each party fully agrees that the relevant courts of Ukraine have exclusive jurisdiction over any claims and disputes relating to the Agreement.