Terms

Terms & Conditions
Last updated: Feb 22, 2023

Welcome to felen.io (together with its subdomains and Content, the “Site”).

The Site is a service ("Platform") that enables You, the registered user ("Author"), to use its available functionality in order to communicate with other users who watch live-video content placed by the Author on the Internet using a variety of tools and widgets ("Viewers", and such content - "Author Content") and receive tips or donations ("Tips") from such users aimed to support Authors. Our service also features a variety of tools and widgets that can utilize various data from our services and data from authorized third parties.

The Site together with a collection of helpful widgets and other features for customizing, optimizing, and monetizing the live streams are collectively referred to as the “Services”.

By accessing or using the Services, you expressly acknowledge and agree that you are entering a legal agreement with PE Pashchenko L. I, and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the "Terms"). If you do not agree to be bound by these Terms please do not access or use the Services.

Any new features or tools which are added to the service shall also be subject to the Terms. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective five (5) days following posting of the revised Terms on the Site, and your continued use of the Services thereafter means that you accept those changes.

Scope of Services

We allow you to use a variety of tools and widgets that can utilize various data from our services, and data from authorized third parties and receive tips through various third-party payment processors. We reserve the right to add or remove support for these third-party payment processors at any time.

The Service is not intended to be used by individuals under the age of 18. You hereby represent and warrant to us that you meet the foregoing qualification. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.

Subject to your compliance with these Terms, we hereby grant to you a personal, limited, non-exclusive, non-transferable, freely revocable, free of charge or for fee (as defined herein) license to use the Platform within its purposes and functionality.

Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free, but we may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Platform.

We have no control over and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Author Content (ii) the performance or conduct of any Author or Viewer or third party. We do not endorse any Author or Author Content or Viewer or Viewer Content. You should always exercise due diligence and care when deciding whether to communicate or enter into any kind of relationship with Authors or Viewers.

If you choose to use the Platform, your relationship with us is limited to being an independent, third-party, and not an employee, agent, joint venturer or our partner for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for our benefit.

The Platform may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by us of such Third-Party Services.

Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. We may restrict the availability of the Platform or certain areas or features thereof if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. We may improve, enhance and modify the Platform and introduce new services from time to time.

Author

You hereby сonfirm that your age is sufficient for account registration under the applicable laws and/or you have all necessary consents (e.g. parental consents) in full compliance with the applicable laws, including for purposes of data protection laws, otherwise, the registration at the Site and its use is prohibited.

Author hereby guarantees that:

You are the sole owner of intellectual property rights engaged in your content or have written authorization of the intellectual property rights owner to use them.
The only purpose of using the Service is to get donations from Viewers.
The only purpose of using the Service is to get donations from Donators.
The Content is lawful, is not: forbidden, inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable.
You have a payment provider account supported by the Service.
You do not reside in one of the countries prohibited for use of the Service.
You do not pursue or intend any illegal activity.

Every author is the owner of their own account and must have access to their account at all times.

If you have an agent or agency which assists you with the operation of your account (or operates it on your behalf), this does not affect your personal legal responsibility.

Account

You must register an account ("Account") to access and use certain features of the Services designed for the Authors.

In order to open an Account, you will be asked to provide us with certain information like an account name and password or other information (all of which will be protected by our Privacy Policy) and bank account information.

While we use reasonable security precautions, you are solely responsible for maintaining the confidentiality of your Account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure you provide to us on registration and at all other times information which will be true, accurate, current, complete, and kept up to date to the best of your ability.

If You have reason to believe that your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify us at [email protected]/support.

You may not register more than one (1) Account unless we authorize you to do so. You may not assign or otherwise transfer your Account to another party.

We may permit you to register for and log onto the Site via certain third-party API, such as by using a Twitch account. If you log in via such API, the profile information connected to the account you use to log into the Platform, including your name, may be used by us in order to provide and support your Account. You also acknowledge and agree that we may publish information regarding your use of the Platform to and in connection with any such third-party API with which you use the Platform (unless you tell us otherwise).

In case if you log onto the Platform via YouTube API you confirm that you, as a user of YouTube, are bound and will at any time comply with YouTube’s Terms of Service and Privacy Policy.

We may make the access to and use of the Platform, or certain areas or features of the Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria.

User verification on the Internet is difficult and We do not assume any responsibility for the confirmation of any Author identity except expressly provided by applicable law. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, We may, but have no obligation to (i) ask Authors to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of them, (ii) screen Authors against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify an Author, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

The access to or use of certain areas and features of the Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

To enable withdrawals and transfers from your account, you must submit valid personal and bank information which will be sent for verification to our payment processor.

Content

Content - a live video broadcast, created by the Author in full compliance with applicable laws and the terms and conditions of the respective sharing platform and intended for entertainment purposes only.

You acknowledge that all the Content, excluding any Viewer Content (as defined below)) is proprietary of respective rightfull owners (Authors, Partners or Us).

Except as expressly specified in these Terms (a) as the provider of the Services, we do not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Author Content and do not participate in any communications between Authors and Viewers, (b) Viewers are alone responsible for their Viewer Content (all content created/downloaded by Viewers through the Services), (c) we are not and do not become a party in any contractual relationship between Author and Viewer, nor is an insurer, (d) we are not acting as an agent in any capacity for Author and Viewer except as expressly set forth in the Terms of Service for Authors herein.

Platform Content. You acknowledge and agree that Platform and any content that we make available on or through the Platform including any trademarks, logos, and any service names ("Platform Content") and all associated intellectual property rights, are our exclusive property and/or our licensors or suppliers that may not be copied, imitated or used, in whole or in part, without our prior written permission. Any authorized use of this Platform Content must be in accordance with any guidelines we may provide you from time to time. You may not use any our name, trademark or product or service name without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

If you distribute or make available any Content through the Platform, you hereby grant to us a worldwide, non-exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit your Content, in any form, format, media or media channels now known or later developed or discovered. You grant us and our sublicensees the right to use the name that you submit in connection with that content, if we or they choose. This clause shall survive the termination of the Terms on any reason except for the cases when it is prohibited by applicable law.

We take no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Platform is at your own risk. Enforcement of the Content or conduct rules set forth in these Terms of Service is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by such rules. As a provider of interactive services, we are not liable for any statements, representations or Content provided by our users in any public forum, personal home page or other Interactive Area. We do not endorse any Content or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with Content. Although we have no obligation to screen, edit or monitor any of the Content posted in any interactive area, we reserve the right and have absolute discretion, to remove, screen or edit any Content posted or stored on the Platform at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Platform at your sole cost and expense. Any use of the interactive areas or other portions of the Platform in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the interactive areas and/or the Platform.

At all times we reserve the right to delete or block any Content in case of any breach or alleged breach of these Terms.

Code of conduct

You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Services, you will not and will not assist or enable others to:

use the Services for any purposes except to access the Services and use it in accordance herewith;
rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms;
post, upload, or distribute any defamatory, libelous, or inaccurate Content;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
harvest or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages;
use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services or Content, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services or Content;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence;
modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
intentionally interfere with or damage operation of the Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
relay email from a third party's mail servers without the permission of that third party;
use any robot, spider, scraper, crawler or other automated means to access the Services for any purpose or bypass any measures we may use to prevent or restrict access to the Services;
manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
use or attempt to use another user's account without authorization from that user;
attempt to access any service or area of the Services that you are not authorized to access; or
attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose.

Further, BY USING THE SERVICES, INCLUDING YOU AGREE NOT TO post, upload to, transmit, distribute, store, create or otherwise publish through the Services or use in relation to Services any of the following:

Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or regulation;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
viruses, corrupted data or other harmful, disruptive or destructive files and content that, in our judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose us or our users to any harm or liability.

If you feel that any person you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Taxes

We recommend that all Authors seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.

You warrant us (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of the Service to the relevant Tax authority in your jurisdiction, as required by law.

Payment processing

Payment processing related to Content and Services is processed by a Third-Party Payment Processor, depending on the payment method chosen for purchase. You agree to be bound by the terms of that Third-Party Payment processor.

When receiving donations, you are liable for any chargebacks or disputes that may occur thereafter in association with those transactions. We are not liable for any charges that may be incurred from these chargebacks or disputes. At any point our payment processors determine you are incurring excessive Chargebacks, your account may results in additional controls and restrictions on your balance.

Payment Terms

We will collect Donations from Viewers and remit them to you.

We will make an effort to process such remittances on a daily basis but cannot guarantee this.

You agree to send any type of identification that is asked for in order to complete a withdrawal request. You agree to pay a fee for any withdrawal. If bank account information and country of issuance are incorrect, you are subject to a delay in your withdrawal and/or account deletion. If the country of the issued bank account is incorrect, you will not be able to change it. You must contact support immediately.

By accepting this agreement, you authorize us to hold, receive, and disburse funds on your behalf when such funds from the Card Networks are settled into your account. We may make available to you the information in the management dashboard regarding anticipated settlement amounts received on your behalf from the Card Networks and are being held pending settlement. This settlement information does not constitute a deposit or other obligation of our payment processor to you. This settlement information reflected in the management dashboard is for reporting and informational purposes only, and you are not entitled to, and have no ownership or other rights in settlement funds, until such funds are credited to your designated bank settlement account. Your authorizations set forth herein will remain in full force and effect until your account is closed or terminated.

Term and Termination, Suspension and other Measures

This Agreement shall be effective from the moment you first use any features of the Services and shall last until terminated in accordance herewith.

You may terminate this Agreement by stopping access to the Services.

Without limiting your rights specified below, we may terminate this Agreement for convenience at any time by notifying you via email or by any other means.

We may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms or other related documents, (ii) you have violated applicable laws, regulations or third party rights, or (iii) we believe in good faith that such action is reasonably necessary to protect our personal safety or property, Authors or Viewers, or third parties (for example in the case of fraudulent behavior).

In addition, we may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms or related documents, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the account registration or thereafter, (iv) you and/or your Content at any time fail to meet any applicable quality or eligibility criteria, (v) we have received complaints about your performance or conduct, or (vi) we believe in good faith that such action is reasonably necessary to protect our or or third parties’ personal safety or property, or to prevent fraud or other illegal activity

refuse to delete or delay any Content;
limit your access to or use of the Services;
temporarily or in case of severe or repeated offenses permanently suspend your Account on the Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by us and an opportunity to resolve the issue to our reasonable satisfaction.

When this Agreement has been terminated, you are not entitled to a restoration of your Author Account or any of your Content. If your access to or use of the Platform has been limited or your Account has been suspended or this Agreement has been terminated by us, you may not register a new Account or access and use the Platform through an account of another Author.

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES AND RESPECTIVE FEATURES AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING; (B) WE AND OUR AFFILIATES, PARTNERS, AND SUPPLIERS (‘’OUR PARTIES") DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) WE DO NOT REPRESENT OR WARRANT THAT INFORMATION, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE TERM "WE" INCLUDES COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

NOTWITHSTANDING OUR APPOINTMENT AS THE COMMERCIAL BILL COLLECTION AGENT OF THE AUTHOR AS SPECIFIED HEREIN, WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY AUTHOR OR OTHER THIRD PARTY. WE DO NOT HAVE ANY DUTIES OR OBLIGATIONS AS AGENT FOR EACH AUTHOR EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE TERMS, AND ANY ADDITIONAL DUTIES OR OBLIGATIONS AS MAY BE IMPLIED BY LAW ARE EXPRESSLY EXCLUDED.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS AKNOWLEDGE THAT SERVICES MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. WE WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE SERVICES, ACCORDINGLY USERS AKNOWLEDGE THAT THE SERVICES ARE NOT ERROR-FREE AND MAY BE INTERRUPTED.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT. WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, RELEVANCE, SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA, MATERIALS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH PAID FEATURES, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHOULD USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE ARROPRIATE.

Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL WE OR OUR PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, 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, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE OUR LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED 100 EURO AMOUNT.

Indemnification

You agree to indemnify, defend, and hold harmless us and our Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your breaches, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or Content.

Applicable Law

This Agreement shall be governed and construed by the laws of the Ukraine. All disputes arising in connection with this Agreement are subject to mandatory pre-trial settlement by the Parties, and in case of failure to reach an agreement during the pre-trial settlement of the dispute – in the court having jurisdiction at the location of the company.

You agree to arbitrate any dispute arising from these Terms of Service or your use of Services.

ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

You agree to notify Administrator in writing of any dispute within thirty (30) days of when it arises.

You further agree: to attempt informal resolution prior to any demand for arbitration;

that any arbitration will occur in Ukraine courts as per juris;

Any dispute, controversy or claim arising out of or relating to this contract, including but not limited to the formation, performance, breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration Rules. The parties further agree that:

(a) The appointing authority shall be the CEDRAC Court.

(b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of CEDRAC;

(d) The language to be used in the arbitral proceedings shall be Ukranian.

and that CEDRAC has exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration.

Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.

Any dispute between the parties will be governed by this Agreement and the laws of Ukraine and applicable law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you will not commence a class action, class arbitration, or other representative action or proceeding.

The DA Platform is offered by PE Pashchenko L. I (hereinbefore referred to as "Company", "we", "us" and "our").