WEBSITE USER AGREEMENT
The Eternal Internet resource, which is located at the address https://eternal.ms, contains information about video games, their creators, and gaming industry news.
Using the Website is possible only with full and unconditional consent to the terms of this User Agreement.
A user who fully or partially disagrees with these conditions is obliged to immediately stop using this Website.
1. Terms and definitions
For the purposes of this User Agreement, the following definitions are used:
- Website Administration - administers and manages the Website and has all exclusive property rights to the Website (including the domain name of the Website), as well as the materials posted on the Website.
- Database - a set of Information posted on the Website. All information posted on the Site, as well as the selection, setting, and location of Information, are the intellectual property of the Website Administration and (or) other right holders.
- Information - any information posted by the User or the Website Administration on the Website, including Personal Information of the User, links to other websites, any text messages, game reviews, comments, photographs (images), audio and (or) or video works, computer programs, and other files.
- Moderation - changing and deleting any Information available on the Website, including any information added by the User.
- User - any person using the Website who has passed the registration procedure and received a login and password is a registered User and has his own Profile. Any User who accesses and uses the Website automatically agrees with this User Statement and accepts the requirements established by this User Statement.
- User Content - is any content (text, video, image, reviews, comments, etc.) created by Users and posted on the Website.
- Profile (personal account) of the User - a special subsection of the Website, protected by a password. The Profile contains information about the User, which is posted by the User himself. Each User is entitled to have only one Profile.
- Personal information of the User - any information that the User provides about himself during registration (creating a User Profile) or in the process of using the Website, including personal data of the User, information that is automatically transmitted to the Website Administration during the use of the Site by means of the User's device software, including the IP address, information from the cookie, information about the User's browser, as well as other data about the User.
- Website - an Internet resource located on the Internet at the address https://eternal.ms. The Website, depending on the context, also means the software of the Website, the design (graphic design) of the Website, the Database, any section (subsection) of the Website, as well as the Information posted on the Website by the Website Administration and Users. All exclusive property rights to the Website belong to the Website Administration.
- Spam - electronic and other mailings of an advertising, informational, agitation or other nature, the receipt of which is not authorized by the recipients.
- Any terms and definitions used in this User Agreement that are not specified in the "Terms and Definitions" section will be interpreted in accordance with the meaning arising from the text of the User Agreement. In the event of any disagreement regarding the interpretation of the term and/or concept used in the User Agreement, the interpretation determined by the Site Administration will be applied.
2. Subject of the General Provisions of the User Agreement
This User Agreement (hereinafter referred to as the Agreement, Rules) establishes the rules and conditions for using the Website and posting Information on it and is an agreement between the User and the Website Administration, which replaces all previous agreements between the User and the Website Administration.
Access to the Website, use of the Website and/or performing any other actions on the Website by the User means that the User accepts and undertakes to comply with all the terms of this Agreement. Having passed the registration procedure by the User on the Website means that the User fully accepts this Agreement.
The Website Administration has the right to take the following actions at any time and on any grounds without the preliminary benefits of using the following actions, but does not commit for their implementation:
- Restrict Users in access, restrict or terminate access to the Website;
- On any grounds, refuse Users to post, move or delete any materials on the Website;
- Block or delete accounts (profiles) of Users, as well as delete any information contained in the files of User profiles.
By accepting this User Agreement, the User confirms that the Website Administration is not responsible to him or to any persons for the implementation of any of the actions specified in the Agreement.
The user understands and agrees that his using of the Website may be accompanied by advertising, and that such advertising is necessary for the operation of the Website. The User also undertakes not to restrict the display of such advertisements or ads by means of changes in HTML/CSS or by other means. By using the Website, the User acknowledges the right of the Website Administration to post such advertisements without prior notice and without any compensation to the User or other users. The nature of the placement and the number of advertisements displayed on the Website are determined and changed at the discretion of the Website Administration. Correspondence and business relations with advertisers or participation in promotions carried out by advertisers, including payment, delivery, including conditions, guarantees and presentations of the corresponding services or goods mentioned in or found as a result of such relations, give rise to rights and obligations exclusively between the User and the advertiser ... The User agrees that the Website Administration does not bear any responsibility or any obligations for causing any loss or damage incurred as a result of interaction with advertisers and (or) the presence of advertising on the Website.
3. Registration on the Website
To gain access to all the features of the Website, the User must complete the registration procedure on the Website. Registration of the User is possible by performing a series of successive actions to fill out the electronic registration form, as a result of which such a person becomes a registered User, receives an individual login and password to access all the features of the Website.
The Website Administration has the right to block and/or delete the User Profile, deny access to all or some of the Website features, and delete User Information without explaining the reasons, including the cases when the User violates the terms of the Agreement, as well as if the User provides incorrect information about himself or if the Website Administration have reason to believe that the information provided by the User about himself is inaccurate, incomplete, or violates the terms of this Agreement, or the User is using someone else's information.
4. Authorization on the Website
Each registered User has his own unique username and password required for authorization on the Website. These individual login and password are intended only for this registered User.
The user undertakes not to disclose, not to transfer his login and password to third parties, and also to take all necessary efforts to ensure that his login and password are not available to third parties. An individual login and/or password allows access to those sections of the Website that are available only to registered Users, as well as to the private pages of the Website intended only for this User.
If any person other than the User is authorized on the Website using the User's login and password, then all actions performed by such a person will be considered as committed by the User. The User is solely responsible for all actions performed by him on the Website, as well as for all actions performed on the Website by any other persons using the User's login and password.
The registered User is solely responsible for the safety of his username and password, as well as for all consequences that may arise as a result of their unauthorized and or other use.
In case of unauthorized use of his username and password or in case of any suspicion of such actions taking place, as well as any violations or suspicions of violation of the confidentiality of his account, the User is obliged to immediately notify the Website Administration.
The Website Administration is not responsible for possible loss or damage to Information that may occur due to violation by the User of the provisions of this part of this Agreement.
5. Personal Information of the User
The Website Administration, when processing the User's Personal Information, undertakes to take all organizational and technical measures to protect the User's Personal Information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties towards it. However, it is possible that as a result of a malfunction of the Website, a virus or hacker attack, technical malfunctions and other circumstances, the User's Personal Information may become available to other persons. The User understands this and agrees that he will not make a claim to the Site Administration in this regard.
Although the Website Administration requires minimum of information from the User when registering and authorizing on the Website, the User, at his discretion and desire, can add any of his personal data, and agrees that his Personal information contained in the User Profile is publicly available, and any Website User can get familiarized with it.
The User agrees that the Website Administration collects, stores and performs other actions to process the User's Personal Information for the following purposes:
- identification of the party under agreements and contracts with the Website Administration;
- sending notifications, messages and information regarding the use of the Website;
- communication with the User in order to provide necessary services, as well as processing requests and applications from the User;
- improving the quality of the Website, making the Website usage more comfortable for Users, development of new services and services;
- targeting advertising materials;
- carrying out statistical and other studies based on anonymized data of Users.
The User confirms that by posting his Personal Information on the Website, he does it voluntarily, and also that he voluntarily provides this Information to the Website Administration. The Website Administration does not intend to collect information that is considered personal data by the current legislation, except for cases when such information was provided by the User voluntarily. By providing his personal data voluntarily, the User agrees to process of his personal data, including their transfer and processing in accordance with applicable law. If the User does not want his personal data to be processed, he should not provide them on the Website.
The User undertakes not to post personal information of other persons on the Website without their consent and/or use the personal information of other Users in any way that does not meet the requirements of current legislation, for illegal purposes, as well as for any other purposes that do not correspond to the purposes of using Website.
The User has the right at any time to change and/or supplement his Personal Information or any part of it if this does not violate the terms of this Agreement.
The user has the right to delete the Personal Information provided by him in the Profile by contacting the Website Administration through the Feedback form. This action may restrict the User's access to certain features and sections of the Website.
The Website Administration is not responsible for the use of the User's Personal Information by other persons, including persons to whom the User's Personal Information was transferred by the Website Administration in accordance with clause 5.9.
Without prejudice to other provisions of the Agreement, the Website Administration has the right to transfer the User's Personal Information to third parties in the following cases:
- The user has expressed his consent to such actions;
- The transfer is necessary as part of the User's interaction with the Website or in order to provide services to the User;
- Such transfer is provided within the procedure established by the current law;
- Such a transfer occurs as part of the sale or other transfer of business (in whole or in part), while all obligations to comply with the terms of this Agreement in relation to the User's Personal Information are transferred to the acquirer;
- In order to ensure the possibility of protecting the rights and legitimate interests of the Website Administration or third parties in cases when the User violates the terms of this Agreement;
- Transfer of information happens between persons affiliated with the Website Administration. In this case, the recipient receives all obligations to comply with the terms of this Agreement in relation to the User's Personal Information received by him.
Detailed conditions for the procedure of collecting, processing, and protecting information about Users are stated on the Website.
6. Posting of Information on the Website
6.1. The User agrees that he is solely responsible for any materials publicly posted by him on the Website or transmitted by him confidentially by the technical means of the Website. By accepting these Rules, the User confirms that he has all intellectual property rights in relation to the User Content and grants the Company the right to use, copy, create derivative products, distribute, publicly present and reproduce, store, transfer, send, publish User Content and its subsequent revisions for the purpose of (i) reproducing User Content on the Site; (ii) distributing User Content by electronic or other means of communication in order to provide other users with the ability to download or otherwise obtain such content, and/or (iii) storing User Content in a remote database that is accessible to other users. If the User does not have the proper rights to post any Information on the Site, then the User undertakes not to post such Information.
6.2. When using the Website, Users may come across content that can cause harm or damage, is obscene or offensive, or contains inaccurate information. The User assumes all risks associated with the use of such content. The Website Administration has the right to remove any content that violates this User Agreement or is offensive but does not assume any obligation to remove such content.
6.3. While using the Website the User undertakes:
- not to disrupt the normal operation of the Website;
- not post on the Website and not to send anywhere through/by means of the Website the following Information:
- containing threats, slander, insults;
- defaming the honor and/or dignity of third parties;
- violates the rights and legally protected interests of third parties, including copyrights;
- public order violating or violating the rights of citizens to private life;
- propagandizing and/or containing discrimination of people on racial, ethnic, gender, age, religious grounds, social status, sexual orientation, political predilections or other grounds;
- contributing to and/or calling for a change in the constitutional order, the outbreak of war, religious, racial or ethnic hatred, infringing on the rights of minorities;
- containing attempts to incite hatred or incitement to violence;
- contains pornographic materials or other materials that are offensive to morality;
- containing extremist materials;
- offending religious feelings of citizens;
- deliberately unreliable and misleading;
- materials, the sole purpose of posting is to click on a link to an external website.
- links to download full versions of any games leaked to the beta network.
- not to litter deliberately any sections of the Website with useless, uninformative messages, messages consisting of randomly repeating characters, as well as not send multiple identical messages, including messages consisting of pictures or special characters stretching the website page to either side, also through constant use of transliteration, Caps Lock or excessive use of text formatting tags in such a way that it will inconvenience for other users of the Website.
- not to sabotage the Website in one way or another.
- "custom-made" information, i.e., Information created in someone else's interests, inappropriate for the purposes of creating the Website;
- other Information that does not comply with the requirements of the current legislation and/or this Agreement.
When using the Website, public condemnation of the Website Administration is prohibited (including moderators, as representatives of the Website Administration). It is forbidden to condemn moderation and/or administration of the Website, and wrangle and dispute with moderators or administrators.
The User undertakes not to post on the Website and/or through/by means of the Website in any form malicious software (viruses, Trojans, etc.) or other computer codes, files, or programs designed to violate, modify, block, destroy or limit the functionality of any computer or telecommunications equipment and software or program for the purpose of getting unauthorized access.
The User undertakes not to distribute and/or not to use any computer programs, robots ("spiders"), or other automatic algorithms and methods aimed at "pumping" (collection), illegal transfer, copying, blocking, modification, destruction of Information and Databases, as well as those aimed at bypassing the restrictions set by the Website Administration in the Website settings.
The User undertakes not to post advertising information on the Website and/or through/through the Website without the prior consent of the Website Administration to such actions.
The User undertakes not to post or otherwise use on the Website Information protected by intellectual property law (including, but not limited to, which affects any patent, trademark, copyright, and/or related rights), and other legally protected Information without the appropriate rights and permissions from the copyright holder of such Information. In the event of a disputable situation, the burden of proving that the Information posted by the User does not violate anyone's rights lies with such User.
The User undertakes not to collect, store, distribute, process, or otherwise act with the Personal Information of other Users.
The User undertakes not to post on the Website and/or through/by means of the Website links to other Internet resources, the content of which contradicts the requirements of current legislation and/or this Agreement.
The User undertakes, before posting any information on the Site and/or through/by means of the Website (including, but not limited to, images of other persons, other people's texts of various content, audio recordings, and videos) to preliminarily assess the legality of their posting.
The User undertakes not to distribute on the Website and/or through the Website Spam, "letters of happiness", Internet earning systems, "pyramid" schemes, multilevel marketing, or e-mail businesses.
The User undertakes not to assist in the commission and/or not to perform other illegal and illegal actions using the Website that contradict the requirements of the current legislation and/or this Agreement.
The User undertakes not to post on the Website and/or through/by means of the Website information aimed at extortion or receiving money, regardless of the pretext, from other Users and/or third parties.
The Website Administration does not check and does not have the technical and factual ability to check all the Information posted by the User on the Website for its compliance with the requirements of the legislation and the provisions of this Agreement, since such a check will make it impossible for the Website to function. However, the Website Administration can do this at any time at its discretion in case of any relevant suspicion.
The Website Administration provides the User with the opportunity to post Information on the Website but does not bear any responsibility for the accuracy and legality of the Information posted by the User on the Website.
Links to any other website, product, work, or service, Information of a commercial or non-commercial nature, posted on the Website by the User and/or as an advertisement, do not mean approval or recommendation of this Information by the Website Administration.
The Website Administration may, at its discretion, refuse to post and/or delete any Information that the User is going to post / already posted on the Website.
7. Using the Website
The user can use the Website only in accordance with this Agreement and only in the ways that are provided for by the technical capabilities of the Website.
The Website contains links to Internet websites that are owned by third parties and may be of a commercial nature. The posting of third-party content and links to third-party websites on the Website does not constitute an endorsement of such content or websites. The Website Administration is not responsible for the content of such sites or the content on them. Also, the Website Administration is not responsible for any goods and services that are offered by posting links to Internet sites owned by third parties. Any interaction with third parties, including transactions for conducting of settlements, and supply of goods and services, is carried out by the User independently. The Website Administration is not responsible and does not undertake any obligations in the event of loss or damage of any nature as a result of any such transactions between the User and third parties. Any questions, claims, or claims regarding any goods or services should be directed to the address of the respective seller.
The Website Administration makes commercially reasonable efforts to ensure the functioning of the Website around the clock, but does not guarantee the absence of interruptions associated with technical malfunctions, and maintenance, and does not guarantee full or partial operability of the Website / Service.
The User hereby confirms his consent to guarantee compensation, provide legal protection and release the Website Administration and all our officers, directors, owners, employees, representatives, information providers, affiliated companies, partners, and licensors (collectively referred to as "Partners") from any liability, liabilities for damages, costs and expenses (including fees paid to lawyers) incurred by any member on the basis of any claim, including but not limited to the specified list, claims for damage to reputation, for violation of public use rights and/or for violation of privacy rights, as well as for violation of copyrights or rights to use a trademark in connection with the following actions:
- using the Website;
- any use or intended use of the User's account and password by any other person (user), regardless of whether such user has the granted permission for such use;
- posting content by the User, as well as the quality of such Content;
- violation of this Agreement by the User;
- violation by the User of the rights of any other natural or legal person.
The Website Administration does not guarantee that the Information posted on the Website will be available at any time, or will not be deleted or lost. The Website Administration is not responsible for failures and delays in the operation of the Website, as well as for the possible consequences of such failures and delays.
The Administration is not responsible for all offensive, deliberately false, and untrue information, as well as other information that violates current legislation, posted by other persons, but makes every possible effort to exclude this information from the Website in the event of a request from copyright holders or Users ... Responsibility for this information lies with the persons who posted it.
All information posted on the Website, including the design and design of the Website, is supplied "as is". The Website Administration disclaims any guarantees that the Website may or may not be suitable for specific purposes of use.
In the event that third parties present claims to the Website Administration related to using the Website by the User, the User undertakes to independently settle these claims with third parties, protecting the Website Administration from possible losses and proceedings.
9. Other provisions
This Agreement is governed by and construed in accordance with the Law of Ukraine. Issues not regulated by this Agreement are subject to resolution in accordance with the legislation of Ukraine. All possible disputes arising from the relations governed by this Agreement are resolved in the manner prescribed by the current legislation of Ukraine. Throughout the text of this Agreement, unless explicitly stated otherwise, the term "legislation" is understood as the legislation of Ukraine.
The User and the Website Administration will try to resolve all disputes and disagreements between them through negotiations. If it is impossible to resolve disputes and disagreements through negotiations, they are subject to consideration in the appropriate court of Ukraine.
Nothing in the Agreement can be understood as the establishment between the User and the Website Administrations of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for by the Agreement.
Recognition by the court of any provision of the Agreement as invalid or unenforceable does not entail the invalidity or unenforceability of other provisions of this Agreement.
This Agreement is drawn up in Russian and in some cases may be provided to the User for review in another language. In the event of a discrepancy between the Russian-language version of the Agreement and the version of the Agreement in another language, the provisions of the Russian-language version of this Agreement shall be applied. In case of inaction on the part of the Website Administration in case of violation by the User or other Users of the provisions of this Agreement, the Website Administration retains the right to take appropriate action in defense of its interests at any time. Inaction does not mean a refusal of the Website Administration from its rights in the event of committing the same and/or similar violations in the future.
This Agreement can be changed by the Website Administration without any special notification, the new version of the Agreement comes into force from the moment it is posted on the Internet, unless otherwise provided by the new version of the Agreement. If, after such changes to the Agreement come into force, the User continues using the Website, then by doing so the User confirms his consent to the changes. If at any time the User can no longer comply with the terms of the Agreement, then the User must immediately stop using the Website.
The Website Administration may also apply restrictions in relation to certain functions and services or restrict the User's access to the entire Website or to its individual sections, without notifying or bearing responsibility for this, for technical or security reasons, in order to prevent unauthorized access, loss, destruction of data or in the case when the Website Administration considers at its sole discretion that the User is violating this Agreement or the law.
The proper addresses for sending legally relevant messages are:
- for the Website Administration: a contact form available via the Feedback link
- for the User: the email address posted in the User Profile, or the email address specified when applying by the email@example.com.
This Agreement is a public offer. The User's consent to the terms of this Agreement (acceptance) is considered to be the actual use of the Website, its services, and the use of any Information posted on it.
Copyright holders If you find your intellectual property (photo, text, etc.) illegally published on the Website, you should contact the Website Administration to fix such a problem by filling out the firstname.lastname@example.org.