This User Offer Agreement (hereinafter the «Offer Agreement» or «Agreement») is entered into by and between
By accepting the terms of this Offer Agreement the User represents and warrants that the User is at least 21 (Twenty one) full years of age and is of legal age under the laws of the jurisdiction of which the User is a citizen, or is a duly registered individual entrepreneur, or is a duly authorized representative or employee of the relevant legal entity, whichever is applicable.
For the purposes of this Offer Agreement the definitions given below shall have the following meanings:
«Services» mean, collectively, paid services which the Operator provides and makes available to the User through or with the use of the
«User» means a natural person, individual entrepreneur or a legal entity that registered with the
«Personal Account» means the personalized section of the
«Service Fees» mean the service fees payable by the User to the Operator for the Services.
«Website» means a website on the Internet that is owned and/or operated and/or administered by an
All other capitalized terms used in this Offer Agreement shall have meanings attributed to them in the Terms of Service.
1.1. By accepting the terms of this Offer Agreement and creating User’s Personal Account within the
1.3. Full list of Services available for selection by the User is indicated in the User’s Personal Account in the
1.4. Use of the
2.1. The User has the right to:
2.1.1. cancel the Services and use of the
2.1.2. use the functionality of the
2.2. The User must:
2.2.1. register the Personal Account as the User in the
2.2.2. take due care in protecting User’s username and password used for accessing and using the
2.2.3. in a timely manner replenish the balance in the Personal Account with amounts sufficient for paying the Service Fees before rendering the Service.
2.3. The Operator has the right to:
2.3.1. refuse to provide the Services in case of their
2.3.2. refuse to provide the Services and block User’s Personal Account without paying the balance if the User is found to be in breach of any provision of this Offer Agreement or Related Documents.
2.4. The Operator undertakes to:
2.4.1. At the request of the User and on the basis of the materials submitted to him and the original layouts, within the terms agreed with the Operator, post publications on the Contractor’s resources.
3.1. For the Services hereunder the User pays the Operator the Service Fees. The Service Fees for the Services must be paid by the User in advance in the amount which is determined by the Appendix to this agreement. Services are considered fully paid upon receipt of the relevant amounts of the advance payment for the Services by the Operator to the Operator’s account.
3.2. All payments of Service Fees for the Services hereunder must be made by the User in currencies available for selection in the Personal Account using the payment method selected by the User in the Personal Account.
3.3. The Operator reserves the right to unilaterally change the Service Fees for particular Services.
3.4. All payments of Service Fees made by the User for the Services are
3.5. By accepting the terms of this Offer Agreement, the User agrees that settlements under this Offer Agreement may be performed by the Operator, inter alia, with the assistance of third parties — Operator’s partners. Accordingly, for the purposes of payments settlement between the Operator and the User under this Offer Agreement the User may be required to accept the terms of offer agreements of such Operator’s partners assisting the Operator with settlements with the User, such as payment services providers, partner services, and other similar Operator’s partner companies.
3.6. The Operator is not responsible for any amounts that may be withheld by banks, payment systems, payment services providers and other third parties upon making payments of Service Fees for the Services. The User independently carries the risks relating to the option for receiving User’s Remuneration selected by the User and payment of the Service Fees for the Services, such as commissions (Service Fees) of payment systems, bank commissions and other payments and commissions withheld by banks, payment systems and other payment services providers of any kind.
3.7. The User agrees that the User must independently pay all taxes and collections applicable to User’s Service Fees, and that the Operator is not the User’s tax agent under this Offer Agreement or otherwise.
4.1. This Offer Agreement is effective immediately upon acceptance of its terms by the User, and continues in full force and effect until termination of User’s use of the
4.2. The User may terminate User’s access and use of the
4.3. The Operator has the right to unilaterally and extrajudicially terminate this Offer Agreement at any moment, at the Operator’s sole discretion, inter alia, in case of breach by the User of any provision of this Offer Agreement or any provision of any of the Related Documents.
5.1.Concurrently with accepting the terms of this Offer Agreement and registration of the Personal Account in the
5.2. By accepting the terms of this Offer Agreement and registering the Personal Account in the
5.3. The User expressly agrees that all terms of Related Documents are included into this Offer Agreement by reference and are legally effective and apply to the Parties’ relationship hereunder as if they were expressly included into this Offer Agreement. The Related Documents may establish other liability for violation of both their terms and the terms of this Offer Agreement. The User undertakes to conform to the terms of such Related Documents for the full term of effect of this Offer Agreement.
6.1.This Offer Agreement, including all documents comprising this Offer Agreement or referenced herein, such as Related Documents and subsequent Appendices which are part of the contract, constitute the entire agreement between the User and the Operator, and supersede any prior agreement between the User and the Operator.
6.2. This Offer Agreement shall be governed by and construed in accordance with the laws of the USA.
6.3. The User and the Operator agree to submit to the exclusive jurisdiction of the competent courts of the USA to resolve any legal matters arising from this Offer Agreement. This provision shall remain in full force and effect notwithstanding any termination of User’s use of the
6.4.To the fullest extent permitted under applicable law, the Operator reserves the right to modify, update, supplement, revise or otherwise change this Offer Agreement in order for it to comply with applicable new legislation and/or regulations and/or to improve the
6.5.If any part of this Offer Agreement is determined by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Offer Agreement and shall not affect the validity and enforceability of any remaining provisions.
6.6. The User agrees that the User is not considered, and shall not represent itself as, an agent, employee or joint venturer of the Operator.
6.7. The User may not assign this Offer Agreement in whole or in part, and any attempted assignment in violation of this provision shall be null and void. The Operator may assign this Offer Agreement or any of its rights and obligations under this Offer Agreement without User’s consent at any time.
6.8.No waiver of any default, condition or breach of this Offer Agreement shall constitute a waiver of any other default, condition or breach of this Offer Agreement, whether of a similar nature or otherwise.
6.9. In no event shall the Operator be liable for any failure of performance resulting from causes beyond the reasonable control of the Operator, including without limitation: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
6.10. This Offer Agreement constitutes the entire agreement between the User and the Operator relating to the subject matter hereof. Notwithstanding the foregoing, any additional terms and conditions expressly contained on or made available via the
7.1. If the User has any comments or questions concerning User’s access and/or use of the