Terms of Use

Last updated 22/03/2019

Please read these Terms of Use (“Terms”) carefully prior to accessing and using the Site, located at https://makhno.shop (“Site”). These Terms contain important information about your legal rights and obligations.

Note, by accessing or using the Site, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms in full. If you do not agree with these Terms, please, do not continue to use the Site.

The Site is operated and owned by Sergey Makhno Architects OÜ, registered at Peterburi tee 47, Lasnamae district, Tallinn city, Harju county, 11415, Estonia (which we may refer to as “SMA”, “we,” “us,” or “our”).

Our collection and use of personal information in connection with your access to and use of the Site is described in our Privacy Notice.

Except as otherwise provided, these Terms are subject to change at any time without notice. It is your responsibility to check periodically for any changes we make to the Terms. Your continued use of the Site after any changes have been implemented constitutes acceptance by you of such change(s).

Table of contents

1. Entire agreement and admissibility

2. Content and intellectual property rights

3. User conduct

4. Links to third-party sites

5. Warranties and disclaimers

6.Limitation of liability

7. Indemnification

8. Applicable law and jurisdiction

9. Electronic communications

10. Headings

11. Severability

12. Term and termination

13. Questions and contact information

1. Entire agreement and admissibility

1.1 These Terms and any policies, including our Privacy Notice, Terms of Sale and any operating rules posted on the Site constitute the entire legally binding agreement and understanding between you (“you” or “User”) and SMA, governing your access to, use of and purchase of products available on the Site (“Agreement”). Our Privacy Notice, Terms of Sale and other policies applicable to your use of the Site are incorporated by reference into this Agreement. This Agreement supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

1.2 When you use the Site you hereby declare and warrant that: (1) according to your local jurisdiction you are eligible to enter into the Agreement; (2) according to your local jurisdiction you have no restriction to use the Site; (3) you comply with these Terms and with all applicable laws and regulations.

1.3 You may use our Site only as permitted by the Terms and only in a manner consistent with all applicable laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions.

2. Content and intellectual property rights

2.1 Our Site is owned and controlled by SMA, and unless otherwise agreed in writing, all materials on our Site, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code and other materials, and the copyrights, trademarks, designs, trade dress and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled and/or licensed by SMA or included in the Site with the permission of the relevant owner and are protected by copyright, trademark and other national and international intellectual property rights.

2.2 Certain trademarks, trade names and logos used or displayed on the Site are registered and unregistered trademarks and trade names of SMA and/or of relevant holder(s) and may not be copied, imitated or used, in whole or in part, without the prior written permission of SMA or the applicable trademark holder(s). Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names or logos displayed on the Site.

2.3 Subject to your compliance with these Terms, SMA grants you a limited, personal, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) use the Site on your personal device(s) in the manner provided for in these Terms; and (ii) access and view any Content made available in or through the Site and accessible to you.

2.4 The Content is intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Content for any public or commercial purpose without our prior written permission. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site.

2.5 Without the prior written permission of SMA, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the Content, or incorporate any intellectual property of SMA or any of their licensors into another website or other service.

2.5.1 To request permission to place a link on your website to enable users to click through from your website to the Site, please send your name, address, website url, and nature of the website to support@mahno.com.ua.

2.6 SMA reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason without prior notice. SMA allowing you this limited use does not constitute a waiver of any of SMA’s rights to the Content. You are also advised that we are determined to enforce our intellectual property rights to the fullest extent of the law, including through civil remedies and criminal prosecution.

3. User conduct

3.1 The Site may include features that allow you to contribute the User Content, such as product reviews and comments. When contributing such User Content, Users are prohibited:

  • to use the inappropriate and abusive language (for example, use foul language, ask overly personal questions, use verbal threats, make comments that are aggressive, sexual, discriminatory, or disrespectful);

  • to post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws;

  • to post any advertising, solicitation or commercial content on the Site or accept payment from a third party in exchange for performing commercial activity on the Site;

  • to post User Content that contains software viruses, programs or other computer code, intended to circumvent or modify the Site’s software or security technology;

  • to use any data mining, robots, scraping or similar data gathering methods;

  • to do anything that may expose SMA or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden

or limit the functionality of the Site.

3.2 Although SMA has no obligation to monitor any User conduct and/or User Content on the Site, SMA reserves the right, and has absolute discretion, to monitor any User conduct on the Site at any time and for any reason without notice.

3.3 Any use of the Site in violation of the User conduct rules set forth above violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site.

3.4 To the extent allowed by applicable law, we are not responsible for your interactions with other Users of the Site or any damage or harm you may experience because of these interactions.

4. Links to third-party sites

Some features of the Site may be made available or accessed in connection with third-party services and content that SMA does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content.

The Site may contain links or frame hyperlinks to other websites, some of which are governed by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other site or any products or services that may be offered through those or any other site. Inclusion of links to other site should not be viewed as an endorsement of the content of linked site. Users use such third-party content contained therein at their own risk. Different terms and conditions may apply to your use of any linked site. We are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked site.

5. Warranties and disclaimers

YOUR USE OF THE SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, SMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, CONTENT AND ANY PRODUCTS OR SERVICES YOU MAY OBTAIN OR ACCESS THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

SMA IS NOT RESPONSIBLE IF THE INFORMATION ON THE SITE IS INACCURATE OR INCOMPLETE, AS WELL AS FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WE ARE NOT MAKING ANY PROMISES OF ANY KIND, INCLUDING ABOUT THE SITE’S ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR ANY CHANGES TO THE MATERIAL AND THE INFORMATION CONTAINED ON THE SITE

SMA DOES NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR ANYTHING ELSE HARMFUL.

6. Limitation of liability

In no event shall SMA, its directors, members, employees or agents be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use or inability to use the Site, any purchase made on the Site, including, without limitation, any damages caused by or resulting from reliance by user on any information obtained from SMA, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, even if SMA has been advised of the possibility of such damages. SMA shall not be liable for any damages, liability or losses arising out of: (i) your use of, purchase from, reliance on or inability to use, or the results of use of any website linked to the Site, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort (including negligence, whether active, passive or imputed), product liability or any other legal theory; or (ii) any transaction or relationship between you and any Third-Party services provider, whether or not SMA has been advised of the possibility of such damages.

The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

If any part of the warranty disclaimers, as set forth in Section 4, or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you to SMA for the Products or (ii) ten dollars ($10).

7. Indemnification

You agree to defend, indemnify and hold harmless SMA, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach by you of any of these Terms, (ii) your use/misuse of materials or features available on the Site or (iii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

SMA reserves a right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore, you agree to cooperate with us so we execute our strategy.

8. Applicable law and jurisdiction

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Estonia, excluding its rules on conflicts of laws.

The Site has been designed to comply with the laws of Estonia. We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree, that any dispute, conflict, claim or controversy directly or indirectly arising out of or broadly in connection with or relating to the Site or these Terms, including, without limitation, those relating to its validity, its construction or its enforceability and to the purchase of SMA products (any “Dispute”) shall be resolved by means of amicable negotiations directly with SMA team in accordance with the principles of good faith and cooperation. If the consensus may not be reached by the negotiations, the Dispute shall be settled exclusively in the state courts of Estonia, subject to jurisdiction rules, with applicable substantive law of Estonia.

All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

9. Electronic communications

By using or making a purchase from the Site, you understand and agree that we may send you communications or data from the Site, including but not limited to (i) notices about products or merchandise requested by you, including any notices regarding the terms of any purchases; (ii) updates; and (iii) information or materials regarding transactions, products, purchased or selected by you or in which you are involved via use of the Site.

Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise a feature of our Site or our merchandise or a product or service in which we believe you may be interested, or may otherwise discuss a marketing campaign or promotion offered by SMA or one of our partners or another third party. We will give you the opportunity to unsubscribe of receiving these commercial emails from us by following the instructions provided in such message(s).

Given your order is shipped by the third-party services provider, you understand and agree, that you may receive e-mails, relating to your order shipping status from that provider.

10. Headings

Headings of provisions are for convenience only and shall not be used to limit or construe any provisions of these Terms.

11. Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms will continue to be fully valid, binding, and enforceable.

12. Term and termination

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site, content, feature or product offered through the Site, with or without notice; and/or offer or cancel opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to the Site.

We may restrict your use of all or any part of the Site at any time and for any reason, without any liability to SMA, subject to applicable law.

These Terms remain in effect even after you have stopped using the Site.

13. Questions and contact information

If you have any questions or comments about these Terms of Use or the Site, please contact us by:

Emailing us at: support@mahno.com.ua.

Writing to the following address: Peterburi tee 47, Lasnamae district, Tallinn city, Harju county, 11415, Estonia.

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