1. Terms of Use
1.1. The online service (platform) ________ (hereinafter also referred to as the "Portal") is a communication platform for placing memorable pages from individuals and legal entities, as well as a trading platform with a huge assortment from sellers, which helps entrepreneurs sell goods and services, and buyers - buy.
1.2. In this User Agreement, the terms are used in the following meanings: Portal Administration - ADDRESS FOREVER Limited Liability Company and/or persons duly authorized by it to manage the Portal and provide services to Users. The author of the Memorial (memorial page) is any capable individual who has accepted the terms of this Agreement and publishes a page with information about the Subject in the relevant section of the Portal.
Subject - an individual in respect of which the Memorial (memorial page) is being created.
Visitor – any person who has access to the Portal via the Internet and uses the Portal. The owner of the Portal - Limited Liability Company "ADDRESS FOREVER" (identification code of the legal entity 45107474), is a provider of intermediate services in the information sphere in the sense of the Law of Ukraine "On Electronic Commerce" and is not the initiator of the transfer of information. Site Owner - the Seller, who, in accordance with the procedure established by the Offer Agreement for the provision of services or a separate agreement with the Portal Owner, received the Access Service, and for which the site was created, the registration data for it are indicated in the Personal Account, and which fills the Site with information resources - Content. Verification of the User is a process of sending an e-mail to the User from the Administration of the Portal, in which there is a link that the user follows to confirm, verify his identity. Additional services - other services, the list and cost of which are posted by _______________ and are provided to the Sellers on the terms of separate agreements. Content - the results of intellectual activity that are protected and posted by the User on the Portal, including, but not limited to: still or moving images, videos, sound recordings or other audiovisual materials, works of art, written works and personal information posted by the User, the name and description of commodity items , photos, product/service characteristics, promotional materials, information about the Seller or the User, reviews, etc. User - the Seller, the Buyer, the Author of the Memorial (memorial page) or the Visitor who agreed to the terms of this Agreement. Account - the User's electronic account in the functional system of the Portal, which has a unique ID with which the User can manage his Services. Memorial (Memorial Page) means a digital memorial timeline product or live timeline product that allows Users to download and save Content for an Subject hosted on a Website hosted by the Memorial (Memorial Page) Author. Commodity item - the seller's commercial offer for the sale of goods/services published by him on the Portal/Website. Buyer - any capable individual or legal entity, an individual entrepreneur who has accepted the terms of this Agreement and, using the capabilities of the Portal, buys and / or orders goods / services offered by the Sellers. The Buyer uses the capabilities of the Portal by automatically registering on the Portal with the creation of his "Personal Account" when placing the first order of goods on the Portal. The Buyer can be the Author of the Memorial (memorial page) at the same time. Privacy Policy - the conditions for working with confidential information on the Portal, which is an integral part of this Agreement and is located at the link: __________________. Portal - a set of software and hardware, the result of computer programming in the form of an online service (platform) ______, which is located on the Internet at _____________ and belongs to ADDRESS FOREVER Limited Liability Company (legal entity identification code ___________). The content of the Portal is protected by copyright, trademark law, as well as other rights related to intellectual property and unfair competition law. Rules for the design of commodity items on the Portal - requirements for the design of Content on the Portal, which are an integral part of this Agreement and posted by _______________. Rules for publishing reviews, comments - the requirements that the User must comply with when posting and publishing reviews about the activities of the Sellers or adding comments to the Memorial (memorial page) on the Portal, which are an integral part of this Agreement and posted by ________________. Rules for placing the Memorial (memorial page) - the requirements that the user must comply with when placing and publishing the Memorial (memorial page) in the relevant section of the Portal, an integral part of this Agreement and which are posted by ____________________. Seller - a legal entity or individual entrepreneur engaged in the sale of goods and / or services, registered on the Portal and having access to the section of the portal "Company Cabinet", in which he can publish information about himself (including contact information), about offered goods and services, commercial offers and advertisements, other information in accordance with the current legislation of Ukraine. Individuals who are not registered as entrepreneurs cannot use the Portal to sell goods/services for profit. Advertising services - services for advertising on the Internet, the list and cost of which are posted __________________. Site - the Seller's Internet site, created on the Portal with a domain name of the .address-forever.com subdomain format or with an external domain name, is registered and executed using the Portal in accordance with the terms of the Agreement - offer for the provision of services, functioning as an online store. Services - a set of services provided to Users on the Portal in accordance with this Agreement and the Agreement - offers for the provision of services on a paid or free basis, including, but not exclusively, services for registering Users on the Portal, creating an Account, registering a domain name subdomain .address-forever.com, access to the "Company Account" section of the Portal and/or "User Account", including access to the electronic wallet - "Wallet (Wallet)", the interface of which is located in the "Company Account", use of the Portal for placing Memorials (memorial pages), providing access, additional and advertising services, displaying the Seller's goods in the catalog, as well as a set of actions related to providing Buyers and Visitors with the opportunity to select and order goods / services of Sellers, their communications with the Authors of Memorials (memorial pages ) in the relevant categories, etc. The use of services is governed by the current legislation of Ukraine. The Agreement is the User Agreement, which is located at: ____________. This agreement regulates all currently existing (functioning) services of the Site, as well as any further modifications thereof, and additional services that can appear in the future. 1.3. The moment of conclusion of this Agreement is considered to be the moment of any interaction of the User with the Portal. By doing this, the Users confirm their agreement with all the terms of this User Agreement, and the Portal grants them a personal, non-exclusive, inalienable, limited right to enter and use the Portal, as well as the Services on the terms set forth in this Agreement. 1.4. Any interaction of the User with the Portal (including, but not exclusively, registration on the Portal, Verification, placement of the Memorial (memorial page), transfer of funds by the User to the Portal Owner as an advance payment for the Portal's services and / or actual use of the Services) means the User's unconditional consent with all clauses of this Agreement (including its annexes). Such interaction with the Portal is a full and unconditional acceptance of this Agreement, ignorance of which does not relieve the User from liability for failure to comply with its terms. 1.5. The User Agreement may be changed by the Portal Administration without prior notice. The current version of the User Agreement is available on the ______________ page. Continued use of the Portal by the User (any further interaction with the Portal) means his acceptance of the changes in the Agreement. 1.6. If the User does not agree with any terms of this Agreement and / or does not agree to comply with the terms of this Agreement (or a new version of the Agreement), he has no right to use the Portal's features / services and is obliged to stop using the Portal and leave it. 1.7. In addition to the text of this Agreement, the procedure for providing the Services and using the Portal is also determined by the Privacy policy , the Rules for placing information on the Portal, the Rules for the design of commodity items on the Portal, the Rules for publishing reviews, comments, the Rules for placing the Memorial (memorial page), which are an integral part of this agreement . 1.8. Portal Administration has the right at any time to refuse to register and/or use the Portal for any User in case of violation of the terms of this Agreement. 2. Description of services 2.1. The Portal provides services that allow Users to register and create Accounts on the Portal, place Memorials (memorial pages), get acquainted with the offers of Sellers and make purchases. 2.2. After registering on the Portal, the Seller gets access to the "Company Account" section of the Portal, which is assigned a unique ID number and in which he can publish information about the company he represents: contact information, information about goods and services offered by the Seller, other information about him. 2.2.1. After registering on the Portal as a Seller, the User has the opportunity to use the Services of the Portal without additional payment during the test period - ___ calendar days, after which the User selects one of the offered options for paid services in accordance with the terms of the Agreement - offer or continues to use the Portal with limited functional opportunities. Registration and creation of an Account on the Portal, access to the sections of the portal "Company Account" and "User Account", placing orders by Buyers is free of charge. 2.2.2. Paid services are provided on the Portal on the terms and conditions of the Agreement – offer for the provision of services. When ordering the Access Service for the first time, the Seller can create a personal website on the Portal (using its hardware and technical capabilities), which can be used by the Seller (Website Owner) to provide or sell its goods, works or services by electronic agreement. The site owner (Seller) independently fills the Site and / or the relevant sections of the “Company Account” with information, he is the initiator of the transfer of information, has the ability to change its content and select the recipient. 2.3. Upon the first payment and activation of additional services, including the transfer of information and User Content from the Portal to other resources owned by the Portal Owner, the User agrees to such transfer of information and Content, as well as the use of the transferred information, Content and other data by the Portal Owner on other resources. 2.4. After successful Verification when creating a Memorial (memorial page), the User gets the opportunity in the Portal "User Account - My Memorials" to access the general information of the Memorial (memorial page), access to the Memorial gallery (memorial page), the life history of the Memorial (memorial page) , an obituary and memorial ceremony functionality, a friends and relatives functionality, and other functionality with which he can publish new Memorials without re-filling his data. 2.5. Any User, using the Services on the Portal, can leave their comments on Memorials (memorial pages), reviews about other Users, while adhering to the Rules for publishing reviews, comments. 2.6. The Portal Owner is not a party to the electronic agreement between the Seller and the Buyer, the subject of which is the goods, works or services offered by the Sellers on their Website/Address Forever page. All agreements between Sellers and/or Authors of Memorials (memorial pages) and Buyers are concluded by them directly, the Portal Owner is not a party to such agreements, but provides a communication trading platform for placing commodity items. The Owner of the Portal shall not be liable for the content of the transmitted information or received information and for the damage caused as a result of the use by the Users of the results of the Portal Services. 3. Rights and obligations of the Portal Administration 3.1. The Portal Administration undertakes to ensure that the User can receive the Services in the manner specified in this Agreement. 3.2. The Portal Administration reserves the right, at its discretion, to delete any information published by Users on the Portal, suspend, restrict or terminate the User's access to the Portal Services at any time and without explanation. 3.3. The Portal Administration has the right to place advertising and / or other information in any section of the Portal without the consent of the User. 3.4. If the User violates the terms of this Agreement (together with its integral parts), the Portal Administration has the right to suspend, restrict or terminate such User's access to any of the Services unilaterally at any time. At the same time, the Portal is not responsible for any losses that may be caused to the User by such actions. 3.5. The Portal Administration has the right to send messages (commercial offers) to Users, including electronic messages to the addresses provided by the User of e-mail or SMS / Viber messages to the numbers of his mobile phones provided by the User, containing organizational, technical, informational, marketing or other information about the possibilities of the Services on the Portal, the activities of the Portal Owner or its partners. The User may at any time opt out of further receipt of such communications. 3.6. The Portal Administration undertakes to provide the User with the opportunity to receive advice from the support service when the User specifies identification data. The scope of consultations is limited to specific issues related to the provision of the Services. 3.7. The Portal Administration has the right to moderate all Content and Memorials (memorial pages) for compliance with their requirements of this Agreement, the Rules for posting information on the Portal, the Rules for placing Memorials (memorial pages), the Rules for publishing reviews, comments and the current legislation of Ukraine, and in case of violations delete such information from the Portal at any time at its own discretion without explanation. 3.8. The Portal Administration, taking into account the actions / inaction of the User on Address Forever, which violates the provisions of the Rules for posting information on the Portal, which is an integral part of this Agreement, has the right, at its discretion, to completely or partially restrict access to the Services provided on the Portal, refuse to provide services to the User and terminate treaty with him unilaterally. 3.9. In case the Portal Administration receives information about the illegal activities of the Users and / or establishes the facts or finds out the circumstances indicating that the activities of the Users have signs of illegal, in order to ensure the safety of the Users and the operation of the Portal, as well as to prevent and stop fraudulent activities on the Portal, has the right to unilaterally suspend, restrict or stop such User's access to any of the Portal Services at any time and/or terminate the agreement unilaterally. 3.9.1. By emphasizing this Agreement, Users agree that the Portal Administration has the right to check orders, including information and / or documents related to orders, as well as mailing lists and reviews using its software, and in case of detection of information or establishing facts that have signs of receiving illegal benefits, and / or evasion of payment for services, and / or unfair competition, and / or fraud, has the right to restrict, suspend, stop the access of such a User to the Electronic Marketplace and / or disregard and / or disregard such orders and feedback. At the same time, the fact of violation or discovery of information is considered confirmed if the Portal Administration has notified the User about it and/or restricted the functionality of the Electronic Marketplace for the User. 3.10. In the event that ADDRESS FOREVER LLC acts as an organizer or partner in promotions, bonus programs, special loyalty programs and / or other events that provide incentives to the Users of the Portal as participants in such events and in case of obtaining information about the illegal activities of participants in such events and /or establishing facts or circumstances indicating that the activity of the participants has signs of illegal and/or violates the conditions and/or rules for such events, the Portal Administration, in order to ensure the safety of Users and the operation of the Portal, as well as to prevent and stop fraudulent actions on the Portal, has the right to unilaterally suspend, restrict or stop such User's access to any of the Portal Services at any time and/or terminate the agreement unilaterally. 3.11. The Portal Administration, in order to ensure the safety of the Users and the operation of the Portal, as well as to prevent and stop fraudulent activities on the Portal, has the right to request documents identifying the Users (a photo of the User in the format of a selfie with an open passport, a scanned copy (photo) of the User's passport. an extract from Unified State Register of Legal Entities, Individuals and Public Formations for Individuals and Legal Entities, etc.). Also, in order to confirm the good faith of the Seller's activities, the Portal Administration has the right to request from the Sellers documents confirming the dispatch of goods to the Buyers. In case of refusal to provide documents, the Portal Administration has the right to unilaterally suspend, restrict or stop such User's access to any of the services at any time. 3.12. The Marketplace Administration has the right to delete any data and information contained in the User Account, as well as terminate such an Account, provided that: 3.12.1. within _____ years from the date of creation of such an Account, the User has not made any payment for the Service of access to the Marketplace; 3.12.2. login to the Account by login and password was not carried out for more than _________ calendar days before the date of deletion of data. 4. Rights and obligations of the User 4.1. When registering and / or filling out the order form and / or placing the Memorial (memorial page), the User must provide true, accurate and complete information about himself on the issues that are offered in the registration form and in the forms of the portal sections "Company Account" and "User Account ” (including its subsections “My memorials” about Subjects) and keep this information up to date and true to reality. The user undertakes to ensure the accuracy of the information provided. The User does not have the right to require the Portal Administration to conceal any information about him. 4.1.1. By confirming the order when placing it on the Portal, the User agrees to the automatic creation of the Buyer's Account, to enter which the e-mail address or mobile phone number specified when placing the order on the Portal will be used. At the same time, the Buyer can delete his Buyer Account at any time, provided that he has access to it. 4.2. In case of providing false or incomplete information, the Portal Administration has the right to suspend or cancel the User's registration and terminate the provision of Services to him. 4.3. The User undertakes to use the Portal/Website only for lawful purposes, to comply with the current legislation of Ukraine, as well as the rights and legitimate interests of the Portal Owner. 4.4. The User is not entitled to perform actions that affect the normal operation of the Portal and which are its unfair use. The User undertakes not to use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or monitor the content of the Site. 4.5. The User undertakes not to take actions aimed at gaining access to someone else's personal profile/Account by selecting a login and password, hacking or other actions. 4.6. The user has no right to transfer, withdraw, sell, transfer for use, etc. their login and password for access to the Portal and Services, as well as the rights to the Site, to third parties without the consent of the Portal Administration. In the event that the login and password or rights to the Site are transferred to any third party, the User bears all responsibility for the actions of such a third party after that. 4.7. If the Site Owner wishes to transfer the rights to the Site to another person (hereinafter referred to as the New Owner), he is obliged to send a written message about this to the Portal Owner and other necessary documents, detailed information at the link. In the event of a security breach or unauthorized use of the User Account, he must immediately notify the Portal Administration about this. The Portal Administration is not responsible for any losses caused by unauthorized use of the User Account and/or the Website. The User cannot use the password and the Account/Website of another User without the express permission and consent of the owner of that Account/website and/or password. The Portal and the Portal Administration are not responsible for any losses or damages arising from the failure of the User to fulfill these obligations. 4.7.1. The Portal Administration has the right to refuse the User in the procedure for changing the Owner of the Site. 4.8. The User undertakes not to use independently or with the involvement of third parties the possibilities of the Portal for purposes that can be qualified as a violation of the rights of third parties to intellectual property, unfair competition, or other violation of the current legislation of Ukraine. The user does not have the right to use the information of the Site for personal non-commercial purposes. Copying information from the site is prohibited. 4.9. The Seller undertakes not to restrict the possibility of making an electronic agreement by the Buyers on the Portal in the section of consumer goods by disabling the acceptance of orders in the settings of the Company Account, except when the Seller is on vacation or during non-working hours specified by the Seller. 4.10. Sellers and Authors of Memorials (memorial pages) guarantee that they have all the rights to use materials and Content posted on the Portal, Websites and in announcements, incl. intellectual property rights. 4.11. The User undertakes to provide, upon request from the Portal Administration, additional information that is directly related to the provision of the Services. 4.12. The User undertakes to observe the property and non-property rights of authors and other copyright holders when using the Site. 4.13. Users of the Portal undertake not to allow other users, the Administration and representatives of the Portal to use expressions and statements in a rude, offensive form, to show aggression and use profanity in their statements (both oral and written). If a complaint is received or the Portal Administration fixes the above actions, the Portal Administration has the right to issue a warning to such User and / or restrict such User's access to the Portal and / or refuse to provide services and terminate the agreement with the User unilaterally. 4.14. In the event that two or more personal Internet sites on the Portal are created for the Site Owner (Seller), when filling such Sites with content, the Site Owner (Seller) undertakes not to duplicate information, not to fill the Site with the same (in whole or in part) commodity items (including, but not exclusively, if the commodity items contain (partial or complete match about the goods, their description, characteristics, price, seller (including those specified in the personal account). 5. Content Requirements. Limitation of Liability 5.1. Publication of information (Content, including in Memorials (memorial pages) on the Portal and on the Websites, must be carried out in full compliance with the requirements of the current legislation of Ukraine, the provisions of this Agreement and the Rules for posting information on the portal, Rules for publishing reviews comments, Rules placement of Memorias (memorial pages), as well as comply with the Rules for the design of commodity items on the Portal. 5.2. The Seller's offer for the sale of goods/services (Commodity item), which is published by him on the Portal/Website, must contain everything provided for by the legislation of Ukraine (in particular, but not exclusively, the Law of Ukraine "On Electronic Commerce", the Law of Ukraine "On Protection of Consumer Rights" ) information for consumers, in particular: 5.2.1. the name of the Seller (executor), its location and the procedure for accepting a claim; 5.2.2. the main characteristics of the goods/products (the name of the goods, the name or reproduction of the sign for the goods and services for which they are sold, data on the main properties of the product, the nominal quantity (mass, volume, etc.), etc.); 5.2.3. price (tariff), including delivery fee, and terms of payment; 5.2.4. conditions for the return or exchange of goods; the procedure for terminating the contract; 5.2.5. warranty obligations and other services related to the maintenance or repair of products; 5.2.6. conditions and rules for purchasing products; other terms of delivery or performance of the contract. 5.3. The Portal Administration does not conduct mandatory verification of information and Content (including in Memorials (memorial pages), posted by Users on the Portal and on the Websites and is not responsible for the compliance of such information with the current legislation of Ukraine. 5.4. The Portal Administration is not responsible for errors, inaccuracies, omissions that were made during registration or posting information by the User, as well as any material or non-material damage arising in connection with this (including lost profits). 5.5. The Portal Administration is not responsible for the use (both legal and illegal) by third parties of information posted on the Portal, including its reproduction and distribution, carried out both within the Portal and in other possible ways. 5.6. The Portal Administration reserves the right to unilaterally remove the Content posted by Users upon request from copyright holders or competent state bodies, as well as if the posted Content violates the rights (including intellectual property rights) of third parties or does not respond, in the opinion of administration of the Portal, the principles of public morality. The Portal Administration also has the right to require the User to provide supporting documents for the posted Content. 5.7. In case of occurrence in connection with the placement by the User of the Content and / or any information, advertising materials, and / or the content of advertising materials (compliance of the advertising content with the requirements of the current legislation) and / or the quality of the advertised goods / services, claims, disputes, the application of penalties by third parties persons and / or regulatory authorities or by a court decision, such User undertakes to consider and resolve these issues independently without involving the Portal Administration, and also undertakes to compensate the Portal Owner in full for losses, expenses, including penalties, caused by violation of the terms of this Agreement. 5.8. All information posted by Users on the Portal/Website is considered the property of the Users who posted it, until there is reason to believe otherwise. Such Users bear full responsibility for the compliance of such information (Content) with the legislation of Ukraine. Users of the Portal do not receive any rights to use the information posted by other Users and are fully responsible to the owner of the information for its illegal use. 6. Requirements for the quality of customer service. 6.1. All Sellers are obliged to fulfill their obligations to Buyers in good faith, in particular, Sellers undertake to: 6.1.1. process orders and requests from Buyers about the goods/services of the Seller, information about which is posted on the Portal; 6.1.2. timely inform the Buyers about the absence of the ordered goods or the impossibility of its delivery within the terms agreed by the parties with the obligatory indication of the reasons and specification of the terms for fulfilling their obligations to the Buyer; 6.1.3. timely (but no later than the deadline specified by the Portal Administration in the notification sent to the User on the complaint) to consider and give a reasoned response to complaints, claims and suggestions received from the Buyers related to the activities of the Seller on the Portal. Promptly interact with the Portal Administration in such cases, notify the Portal Administration at the same time about the results of consideration of such applications, as well as follow recommendations for improving the quality of service, etc. 6.1.4. comply with the requirements of the Law of Ukraine "On Protection of Consumer Rights" on the rights of buyers (consumers) when they purchase goods / services on the Portal, including those established by Articles 12, 13 of this Law. 6.1.4.1. The sellers are obliged, at the request of the Buyer, within 14 (fourteen) calendar days, not counting the day of purchase, to exchange a non-food product of good quality for a similar one, if the product did not satisfy the consumer in shape, size, style, color, or for other reasons cannot be used for its intended purpose, provided that the product has not been used and its presentation, consumer properties, seals, labels, as well as the payment document for the purchase of this product are preserved. If at the time of the exchange a similar product that satisfies the requirements of the consumer is not on sale, the consumer has the right to either purchase any other goods from the available range with the appropriate transfer of value, or terminate the contract and receive a refund of the money paid for the product, or exchange the product for a similar one the very first receipt of the corresponding product on sale. Goods specified in the List approved by the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172 On the implementation of certain provisions of the Law of Ukraine "On Protection of Consumer Rights" - On the implementation of certain provisions of the Law of Ukraine "On Protection of Consumer Rights" are not subject to exchange (return). 6.1.4.2. The Buyer has the right to terminate the contract by notifying the Seller about it within 14 (fourteen) days from the moment the Seller confirms the order or from the moment the goods are received. Return of goods is made in accordance with Art. 13 hours 5 art. 12 of the Law "On Protection of Consumer Rights". This paragraph does not apply to cases (including, but not exclusively) of the purchase on the Site / Portal by the Buyer of goods made to order, periodicals. 6.1.5. carry out requirements: 6.1.5.1. Law of Ukraine "On Ensuring the Functioning of the Ukrainian Language as the State Language" in terms of customer service and placement of information about goods and/or services in the state language; 6.1.5.2. The Law of Ukraine "On the Protection of Consumer Rights" and the requirements for the rights of buyers (consumers) when they purchase goods and / or services on the Portal / Site, including those established by Articles 12, 13 of this Law. 6.1.6. provide Buyers with a document confirming the purchase of goods / services. Such a document can be an electronic document, a receipt or a cashier's check, a ticket, a coupon or other document. The document must necessarily contain information on the procedure for exchanging (returning) goods, the name of the seller, the procedure for considering claims, warranty conditions, other conditions determined by the Law of Ukraine "On Protection of Consumer Rights", the Law of Ukraine "On Electronic Commerce", etc. 6.1.7. post reliable and complete information about the product (including its description and photo) on the Portal/Website in the state language in accordance with the requirements. Information about the availability of goods and price should be up-to-date constantly. The Buyer has the right to demand, and the Seller is obliged to sell him the goods at the price indicated by the Seller on the Site / Portal in accordance with Art. 18, 19 of the Law of Ukraine "On Protection of Consumer Rights". 6.1.8. comply with generally accepted service quality standards. 6.2. In case of violation by the Seller of the requirements set forth in this section of the Agreement, as well as in the presence of unsettled complaints from the Buyers by the Seller, frequent cancellation of orders, refusal to sell the goods to the Buyer at the price stated on the Portal, an increase in the number of negative reviews from Buyers and users, the Portal Administration reserves the right fully or partially restrict access to information about the Seller's goods on the Portal or delete the Content posted by the Sellers on the Portal or restrict the User's access to the Seller's Account and access to the Portal Services and / or refuse to provide services to the Seller and terminate the agreement unilaterally. At the same time, restriction of access to the Portal Services, including as a result of violation by the Users of the provisions of this section 6 "Requirements for the quality of customer service", is not considered a violation by the Portal Administration and the fee for access services to the Portal Services for the period of access restriction is not refundable. 7. Liability. Limitation of liability. 7.1. The Portal Administration does not accept any messages about any errors, omissions, interruptions, defects and delays in processing or transmission, fees in communication lines, destruction of any equipment, unauthorized access to third parties to the Portal / Site, which began to restrict the User's access to the Services. The Portal Administration does not refund for any technical tasks or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures in e-mail service or scripts in sufficient quantity, for normal functioning and the availability of random segments of the Internet and networks of telecommunication operations involved in the transfer of the User's access to the Services. 7.2. Services on the Portal are provided "As-Is". The Administration of the Portal does not guarantee the unconditional preservation of the user account, domain name subdomain *.address-forever.com, of the User and the information posted by the User on the Portal/Website/section of the Portal "Announcements". 7.3. The Portal Administration is not responsible for the compliance of the Service in whole or in part with the User’s expectations, error-free and uninterrupted provision of the Services, termination of the User’s access to the Services, as well as for saving the User’s login and password that provide access to the Services, for reasons related to technical failures of hardware or of the Portal software, and does not compensate the User for any losses associated with it. 7.4. The Portal Administration is not liable to the User for restricting access to the Services, for terminating access to the Services, if these restrictions arose due to force majeure circumstances that arose after the conclusion of this Agreement and the occurrence of which the Parties could not influence, including, but not limited to, the following: war, riots, strikes, sabotage, embargoes, fires, floods, natural disasters, deterioration of the electronic or radiological situation, explosions, actions or inaction of the government of Ukraine or another country, acts of state bodies and / or local authorities, amendments to the legislation of Ukraine, accidents on public networks, configuration of access conditions to line-cable communication facilities, and more. 7.5. The Portal Administration is not liable to the User or any third parties for any direct and / or indirect losses, including lost profits or lost data, damage to honor, dignity or business reputation incurred in connection with the use of the Services, or the impossibility of its use or unauthorized access of third parties to the User's communications. 7.6. The Portal Administration is not responisble for any damages to the electronic devices of the User or another person, any other equipment or software caused by or associated with the use of the User of the Services. 7.7. The Portal Administration is not liable to the Users or other third parties in relation to: 7.7.1. the content and legality, reliability and completeness of the information (Content) provided / received by the User when using the Services; 7.7.2. the quality of goods/services sold by the Sellers on the Portal/Website, timely delivery; 7.7.3. compliance of goods/services purchased through the Portal/Website with the expectations and/or requirements of the Buyer; 7.7.4. the fulfillment by the Sellers of their obligations to deliver to the Buyers the goods/services purchased through the Portal/website, their return or replacement, refund in case of termination of the contract, etc.; 7.7.5. fulfillment of warranty obligations by the Sellers to the Buyers for the goods/services purchased through the Portal/Website; 7.7.6. compliance of the activities carried out by the Seller for the sale of goods / provision of services with the requirements of the legislation of Ukraine; 7.7.7. fulfillment by the Buyers of their obligations to pay for the goods/services ordered from the Sellers. 7.8. In the event that third parties, including another User, make claims against the Portal Owner related to the use of the Portal Services by the User, such User undertakes to settle such claims with third parties on its own and at its own expense, protecting the Portal Administration from possible losses and proceedings, or act on the side of the Portal Administration in such considerations, as well as reimburse the damage to the Portal Owner (including legal costs) caused to him in connection with claims and lawsuits related to the placement of materials, Memorial pages) and / or the User's activities on the Portal / Site. 7.9. The Portal Administration will not be liable for any losses that directly or indirectly incurred by Buyers or Sellers or Authors of Memorials (memorial pages) as a result of the activities of Sellers or Authors of Memorials (memorial pages on the Portal/Website). The Portal Administration shall under no circumstances be liable to Users or third parties for any indirect losses, including lost profits. The responsibility of the Portal Administration is limited to direct documented losses resulting from the action or inaction of the Portal Administration in an amount that does not exceed the cost of the services provided to a single User. 7.10. The Portal Administration does not control the quality and terms of delivery by the Sellers of goods/services offered by them by posting relevant information on the Portal/Website in the relevant section of the Portal. As a result, the User accepts the condition that all goods and services offered through the Portal / Site by the Sellers are provided by them at their own responsibility and the sale of such goods / services is in no way connected with the activities of the Portal. The Buyer assumes full responsibility and risks for obtaining goods and services offered by the Sellers by posting relevant information on the Portal/Website. The Seller assumes full responsibility and risks for the payment by the Buyers of the purchased goods/services rendered by the Seller. 7.10.1. The Marketplace Administration reserves the right not to consider any appeals, not to provide any support, advice to the Users and Visitors of the Marketplace on issues related to the sale and purchase of goods outside the Marketplace (i.e. not through the Shopping Cart or chat on the Marketplace). Applications for the purchase and sale of goods via chat can be considered only if it is possible to directly establish a connection between the communication of the seller with the buyer on the purchase and sale of goods and the order of this product using the chat on the Marketplace. 7.10.2. The Marketplace Administration does not act as an intermediary in resolving disputes/complaints between the Seller and/or the Author of the Memorial (memorial page) and the Buyers regarding goods or services ordered on the Sites. All disputes between the Seller and the Buyer regarding the goods ordered on the Sites are obliged to consider and resolve among themselves. Responsibility for compliance with the requirements of the Law of Ukraine "On Protection of Consumer Rights" rests with the parties to the electronic transaction - the Seller and the Author of the Memorial (memorial page) and the Buyer. 7.11. The Portal Administration reserves the right to remove or block access to information posted by the User without notice in the following cases: 7.11.1. obtaining binding decisions of the competent state bodies of Ukraine; 7.11.2. claims of owners of intellectual property rights, including, but not limited to, copyright or related rights, rights to marks for goods and services, inventions and utility models, industrial designs, etc., on the termination of violations of his rights by the User to Portal/Website; 7.11.3. other violation of the rights or legitimate interests of other users of the Portal, legal entities and individuals upon their reasoned appeal (including in case of violations of consumer rights); 7.11.4. identification of information prohibited from posting on the Site or not complying with the requirements of this Agreement (together with applications); 7.11.5. identification of information about the Company or the Author of the Memorial (memorial page), which indicates the unfair use of the Portal, the provision of false information by the User, the implementation of activities in violation of the requirements of the current legislation of Ukraine. 7.12. The Portal Administration has the right to delete or transfer to another User the domain name on the Portal assigned to the User of the free service package, if this name is not used for ____ or more calendar months (no visits, no logins to the "Personal Account") in a row. 7.13. The Portal Administration is not responsible for the actions of transfer systems, payment systems and for delays associated with their work. 8. Intellectual Property 8.1. Set of programs, data, trademarks, objects of copyright and other objects used on the Portal in the provision of the Services are the intellectual property of its legal owners and are protected by the legislation on intellectual property of Ukraine, as well as relevant international legal treaties and conventions. Any use of elements, symbols, texts, graphics, programs and other objects included in the Service and owned by the Portal, except as permitted in this Agreement, without the permission of the Portal Administration or other legal copyright holder is illegal and may result in judicial review and bringing violators to civil liability - legal, administrative and criminal liability in accordance with the legislation of Ukraine. 8.2. We do not claim Intellectual Property Rights to Content posted by Users on the Memorial (memorial page), but if you post any Content, you: provide us with a non-exclusive, free, perpetual, irrevocable consent to reproduce, modify, delete, adapt and publish any Content that you post or upload, as well as to transfer it to third parties for such purposes in connection with the provision of the Services, that “ADDRESS FOREVER ” considers to be necessary from time to time; grant us the right to use your name and other information that you provide in accordance with this Content (subject to our privacy policy); you warrant that you have all necessary rights and consents regarding the Content you add, and that the Content does not violate this Agreement in any way. In case of violation of the rights of third parties as a result of the User's actions to post content on the site, the Site Administration is not responsible for the actions of this User.