Terms of services
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT
CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND
REMEDIES.
Last Revised: 2025-11-19 09:32:16
1.
OVERVIEW
This Terms of Service Agreement
("Agreement") is entered into by and between WKos,
registered address Grushevskiy str. 84a, 39, Ukraine
("Company") and you, and is made effective as of the
date of your use of this website http://wkosstudio.github.io
("Site") or the date of electronic acceptance.
This
Agreement sets forth the general terms and conditions of your
use of the http://wkosstudio.github.io as well as the products
and/or services purchased or accessed through this Site (the
"Services").Whether you are simply browsing or using
this Site or purchase Services, your use of this Site and your
electronic acceptance of this Agreement signifies that you
have read, understand, acknowledge and agree to be bound by
this Agreement our Privacy policy. The terms "we",
"us" or "our" shall refer to Company. The
terms "you", "your", "User" or
"customer" shall refer to any individual or entity
who accepts this Agreement, uses our Site, has access or uses
the Services. Nothing in this Agreement shall be deemed to
confer any third-party rights or benefits.
Company may,
in its sole and absolute discretion, change or modify this
Agreement, and any policies or agreements which are
incorporated herein, at any time, and such changes or
modifications shall be effective immediately upon posting to
this Site. Your use of this Site or the Services after such
changes or modifications have been made shall constitute your
acceptance of this Agreement as last revised.
IF YOU DO
NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO
NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
2.
ELIGIBILITY
This Site and the Services are available only
to Users who can form legally binding contracts under
applicable law. By using this Site or the Services, you
represent and warrant that you are (i) at least eighteen (18)
years of age, (ii) otherwise recognized as being able to form
legally binding contracts under applicable law, and (iii) are
not a person barred from purchasing or receiving the Services
found under the laws of the Ukraine or other applicable
jurisdiction.
If you are entering into this Agreement on
behalf of a company or any corporate entity, you represent and
warrant that you have the legal authority to bind such
corporate entity to the terms and conditions contained in this
Agreement, in which case the terms "you",
"your", "User" or "customer"
shall refer to such corporate entity. If, after your
electronic acceptance of this Agreement, Company finds that
you do not have the legal authority to bind such corporate
entity, you will be personally responsible for the obligations
contained in this Agreement.
3. RULES OF USER CONDUCT
By
using this Site You acknowledge and agree that:
Your use
of this Site, including any content you submit, will comply
with this Agreement and all applicable local, state, national
and international laws, rules and regulations.
You will
not use this Site in a manner that:
Is illegal, or
promotes or encourages illegal activity;
Promotes,
encourages or engages in child pornography or the exploitation
of children;
Promotes, encourages or engages in
terrorism, violence against people, animals, or property;
Promotes,
encourages or engages in any spam or other unsolicited bulk
email, or computer or network hacking or cracking;
Infringes
on the intellectual property rights of another User or any
other person or entity;
Violates the privacy or publicity
rights of another User or any other person or entity, or
breaches any duty of confidentiality that you owe to another
User or any other person or entity;
Interferes with the
operation of this Site;
Contains or installs any viruses,
worms, bugs, Trojan horses, Cryptocurrency Miners or other
code, files or programs designed to, or capable of, using many
resources, disrupting, damaging, or limiting the functionality
of any software or hardware.
You will not:
copy or
distribute in any medium any part of this Site, except where
expressly authorized by Company,
copy or duplicate this
Terms of Service agreement, which was created with the help
of the TermsHub Terms & Conditions Generator,
modify
or alter any part of this Site or any of its related
technologies,
access Companies Content (as defined below)
or User Content through any technology or means other than
through this Site itself.
4. INTELLECTUAL PROPERTY
In
addition to the general rules above, the provisions in this
Section apply specifically to your use of Companies Content
posted to Site. Companies Content on this Site, including
without limitation the text, software, scripts, source code,
API, graphics, photos, sounds, music, videos and interactive
features and the trademarks, service marks and logos contained
therein ("Companies Content"), are owned by or
licensed to WKos in perpetuity, and are subject to copyright,
trademark, and/or patent protection.
Companies Content is
provided to you "as is", "as available"
and "with all faults" for your information and
personal, non-commercial use only and may not be downloaded,
copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any
purposes whatsoever without the express prior written consent
of Company. No right or license under any copyright,
trademark, patent, or other proprietary right or license is
granted by this Agreement.
5. DISCLAIMER OF
REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT
YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS
IS", "AS AVAILABLE" AND "WITH ALL
FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE)
TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR
ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN
INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE
PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR
(II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE
OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY
ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any
termination or expiration of this Agreement or your use of
this Site or the Services found at this Site.
6.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY
SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR
ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY
DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS,
OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR
CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES
FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL
INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V)
THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY
INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR
ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER
CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE,
HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC,
"X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE,
AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS
SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION,
You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of
action arising out of or related to this Site or the Services
found at this Site must be commenced within one (1) year after
the cause of action accrues, otherwise such cause of action
shall be permanently barred.
THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW,
AND shall survive any termination or expiration of this
Agreement or your use of this Site or the Services found at
this Site.
7. INDEMNITY
You agree to protect,
defend, indemnify and hold harmless Company and its officers,
directors, employees, agents from and against any and all
claims, demands, costs, expenses, losses, liabilities and
damages of every kind and nature (including, without
limitation, reasonable attorneys’ fees) imposed upon or
incurred by Company directly or indirectly arising from (i)
your use of and access to this Site; (ii) your violation of
any provision of this Agreement or the policies or agreements
which are incorporated herein; and/or (iii) your violation of
any third-party right, including without limitation any
intellectual property or other proprietary right. The
indemnification obligations under this section shall survive
any termination or expiration of this Agreement or your use of
this Site or the Services found at this Site.
8. DATA
TRANSFER
If you are visiting this Site from a country
other than the country in which our servers are located, your
communications with us may result in the transfer of
information across international boundaries. By visiting this
Site and communicating electronically with us, you consent to
such transfers.
9. AVAILABILITY OF WEBSITE
Subject
to the terms and conditions of this Agreement and our
policies, we shall use commercially reasonable efforts to
attempt to provide this Site on 24/7 basis. You acknowledge
and agree that from time to time this Site may be inaccessible
for any reason including, but not limited to, periodic
maintenance, repairs or replacements that we undertake from
time to time, or other causes beyond our control including,
but not limited to, interruption or failure of
telecommunication or digital transmission links or other
failures.
You acknowledge and agree that we have no
control over the availability of this Site on a continuous or
uninterrupted basis, and that we assume no liability to you or
any other party with regard thereto.
10. DISCONTINUED
SERVICES
Company reserves the right to cease offering or
providing any of the Services at any time, for any or no
reason, and without prior notice. Although Company makes great
effort to maximize the lifespan of all its Services, there are
times when a Service we offer will be discontinued. If that is
the case, that product or service will no longer be supported
by Company. In such case, Company will either offer a
comparable Service for you to migrate to or a refund. Company
will not be liable to you or any third party for any
modification, suspension, or discontinuance of any of the
Services we may offer or facilitate access to.
11. NO
THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall
be deemed to confer any third-party rights or benefits.
12.
COMPLIANCE WITH LOCAL LAWS
Company makes no
representation or warranty that the content available on this
Site are appropriate in every country or jurisdiction, and
access to this Site from countries or jurisdictions where its
content is illegal is prohibited. Users who choose to access
this Site are responsible for compliance with all local laws,
rules and regulations.
13. GOVERNING LAW
This
Agreement and any dispute or claim arising out of or in
connection with it or its subject matter or formation shall be
governed by and construed in accordance with the laws of
Ukraine, Ukraine, to the exclusion of conflict of law
rules.
14. DISPUTE RESOLUTION
Any controversy or
claim arising out of or relating to these Terms of Service
will be settled by binding arbitration. Any such controversy
or claim must be arbitrated on an individual basis, and must
not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration must be
conducted in Ukraine, Ukraine, and judgment on the arbitration
award may be entered into any court having jurisdiction
thereof.
15. TITLES AND HEADINGS
The titles and
headings of this Agreement are for convenience and ease of
reference only and shall not be utilized in any way to
construe or interpret the agreement of the parties as
otherwise set forth herein.
16. SEVERABILITY
Each
covenant and agreement in this Agreement shall be construed
for all purposes to be a separate and independent covenant or
agreement. If a court of competent jurisdiction holds any
provision (or portion of a provision) of this Agreement to be
illegal, invalid, or otherwise unenforceable, the remaining
provisions (or portions of provisions) of this Agreement shall
not be affected thereby and shall be found to be valid and
enforceable to the fullest extent permitted by law.
17.
CONTACT INFORMATION
If you have any questions about this
Agreement, please contact us by email or regular mail at the
following address:
WKos
Grushevskiy str. 84a, 39
Ukraine
wkosstudio@gmail.com