Terms and Conditions
LAST UPDATED as of May 18, 2018
Terms of Use
This site (as well as all subsequent successor sites to this site and all Services as defined below) (hereinafter - the "AXENT Site") is operated by "VIVAT TRADING" LLC (hereinafter - "AXENT", "we", "us" or "our"). We provide users of the AXENT Site with access to content and services related to our company and our products, including audiovisual content, images, text material, data, and other content and services (hereinafter collectively - the "Services"). Please read these Terms of Use (hereinafter - the "Agreement") carefully before using the AXENT Site. By using the AXENT Site, you agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, please refrain from using the AXENT Site. Furthermore, by using the AXENT Site, you confirm that you are of legal age and can enter into this Agreement or, if you are not of legal age, have obtained parental or guardian consent to enter into this Agreement. If you are not of legal age and have not obtained parental or guardian consent to enter into this Agreement, you may not use the AXENT Site. This Agreement is a gratuitous Agreement concluded between "VIVAT TRADING" LLC on the one hand and a natural person, whose data is specified in the forms on the website https://axent.com.ua (hereinafter – the "User") and is considered concluded from the moment the User agrees to the terms of the Agreement.
We reserve the right to change this Agreement in whole or in part at our sole discretion and to provide you with notice of such change in any reasonable manner, including without limitation by posting a revised version of this Agreement on the AXENT Site. You can determine the last update date by reviewing the "LAST UPDATED" clause at the top of this Agreement. If you continue to use the AXENT Site after the changes to this Agreement are posted, you agree to the changes made, unless the changes apply retroactively to any disputes that arose between our company and you in connection with this Agreement before the date of the respective changes. If you do not agree with any changes made to this Agreement, you may not use the AXENT Site. From time to time, we may change or close access to any part of the AXENT Site or provide some or all users of the AXENT Site with additional opportunities, subject to all restrictions provided by law regarding the exercise of such right by us.
Within the framework of this Agreement, the terms below shall have the following meanings:
• "Agreement with an Official AXENT Dealer" - is a purchase and sale agreement for products under the AXENT trademark (collectively with all the terms set out in this document), concluded between AXENT and an Official AXENT Dealer;
• "Official AXENT Dealer" (hereinafter also "Dealer") - is a legal entity, (a) which has signed an Agreement with an Official AXENT Distributor; and (b) which regularly purchases products in accordance with the Agreement with the Official AXENT Distributor and has no outstanding obligations to the Distributor company.
1. Content posted by Official AXENT Dealers
Official AXENT Dealers are independent third-party buyers of AXENT products and have no other connection with "VIVAT TRADING" LLC (the official distributor of AXENT), its parent, subsidiary, or affiliated companies (hereinafter collectively - "Affiliates"). "VIVAT TRADING" LLC is not responsible for the statements, actions, or omissions made by Official AXENT Dealers in connection with or through the AXENT Site or otherwise. You also acknowledge and agree that neither "VIVAT TRADING" LLC nor its Affiliates have control over and are not responsible for the changes in the configurations of the AXENT Site or personalized sites made by Official AXENT Dealers, as well as for any materials transmitted to you by Official AXENT Dealers. Such information, materials, and individual settings shall hereinafter be referred to as "Independent AXENT Dealer Content".
Neither "VIVAT TRADING" LLC nor its Affiliates (a) take any measures to verify the accuracy or reliability of the Independent AXENT Dealer Content or other materials transmitted to you by Official AXENT Dealers, and (b) assume no obligations and give no guarantees regarding the security of any communications made between you and Official AXENT Dealers using the Official AXENT Dealer Content (for example, electronic links published by Official AXENT Dealers). In addition, if you transfer any information to an Independent AXENT Dealer, neither "VIVAT TRADING" LLC nor its Affiliates assume any obligations and provide no guarantees regarding measures to ensure the confidentiality or preservation of data received by Official AXENT Dealers.
2. Information provided by you on the AXENT Site
Personal data provided by you through the AXENT Site will be processed in accordance with the AXENT Privacy Policy, which can be found here, as well as in accordance with the Notification on the controller of personal data, the composition, content and purpose of personal data collection, persons to whom personal data is transferred, and the rights of the subject of personal data (hereinafter "Personal Data Notification"), which is available at the link. If you provide any personal data to a third party in connection with the AXENT Site (for example, through a third-party application as defined in section 12 below), please note that (a) the collection, use, and disclosure of such
information by such a third party will be carried out in accordance with the privacy rules established by such a third party, and not "VIVAT TRADING" LLC, and (b) we are not responsible for the collection, use, or disclosure of information by such third parties or any other third parties, including without limitation Official AXENT Dealers. You represent and warrant that all information you provide in connection with the use of the AXENT Site is true, accurate, and complete, and that you will make any changes to such information necessary to maintain its truth, accuracy, and completeness. IF YOU PROVIDE ACCESS TO YOUR PERSONAL DATA OR OTHER INFORMATION THROUGH OR IN CONNECTION WITH THE USE OF THE AXENT SITE, YOU DO SO ONLY AT YOUR OWN RISK AND UNDER YOUR OWN RESPONSIBILITY.
3. Registration, usernames and passwords
To access some sections or features of the AXENT Site, for example, to publish any Provided Information (as defined in section 5), you may be required to register. For the purposes of such registration, you may not use (and we may refuse you registration) any username or email address that (i) belongs to or is already used by another person, (ii) the use of which may be interpreted as an attempt to impersonate another person, (iii) violates the intellectual property rights or other rights of another person or leads to a violation of law, or (iv) the use of which we may refuse for another reason at our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the AXENT Site, and you agree not to transfer your password and username to anyone, nor to allow or otherwise enable third parties to use the AXENT Site on your behalf. You are fully responsible for any use of the AXENT Site made on your behalf. You agree to inform "VIVAT TRADING" LLC of any cases of unauthorized use of your password or username or any other security breaches related to your account, your username, or the AXENT Site, and you also agree to "log out" (using the appropriate link) of your account on the AXENT site (if possible) at the end of each visit. We are not responsible for any losses or damages related to your failure to comply with the above obligations. If you are an Official AXENT Dealer, you agree that "VIVAT TRADING" LLC may identify you as such when using the AXENT Site (for example, using a badge or other means of identification). If you do not wish to be identified in this way, you should not use the AXENT Site.
4. Rules of Conduct
When using the AXENT Site, you agree to comply with all laws, rules, and regulations, and to respect the rights and dignity of others. In addition, the use of the AXENT Site is conditional on compliance with the rules of conduct set out in section 4 of this Agreement. Your failure to comply with the provisions of this Agreement or these rules of conduct (including without limitation your repeated violation of copyright in connection with or through the use of the AXENT Site) may result in denial of access to the AXENT Site in accordance with section 18 of this Agreement.
You agree not to perform the following actions:
• When using the AXENT Site, post, transmit, or otherwise make available:
any information or materials that are or may be: (a) threatening, sexually harassing, degrading, hateful, or intimidating; (b) defamatory or slanderous; (c) fraudulent or illegal; (d) obscene, indecent, pornographic, or otherwise offensive; or (e) material protected by copyright or the intellectual property of another person, material protected by law guaranteeing privacy or other legislation, without the direct written consent of the owner of such right;
any materials that may give rise to criminal or civil liability, that may lead to the commission of a criminal offense; that promote gambling; or that contain instructions for committing such illegal acts as "hacking" or "fraud";
any virus, "worm", "Trojan horse", "Easter egg", time bomb, malicious code, spyware, or other computer code, file, or program that is harmful or intended to cause harm, theft, corruption, interference with, or interruption of the operation or control over the
use of any computer hardware or software;
o any Unsolicited or unauthorized advertising materials, spam, mass mailings made without the consent of the recipients, advertising of pyramid schemes or other investment opportunities, or any other materials of an intrusive nature without the prior, expressed in a clear and unambiguous form, consent of
AXENT;
any electronic messages concerning AXENT or any individual, sent without the knowledge of AXENT and such an individual or without their prior approval, or sent in violation of the law;
any personal data of another individual without their legal consent;
any materials that are non-public information about the company without its prior consent.
• Use the AXENT Site for any fraudulent or illegal purposes.
• Use the invitation feature on the AXENT Site to send an invitation to a person you do not know personally and are not sure that they will accept such an invitation.
• Use the AXENT Site to defame, harass, disturb, track, or interfere with the legal rights of others, including without limitation the privacy rights of others, or to obtain information about users of the AXENT Site.
Impersonate another individual or legal entity, including, without limitation, any employees, agents, or other AXENT Dealers, including by (a) false statements or misrepresentation of your connection with any such individual or legal entity in connection with the use of the AXENT Site, or (b) a direct or indirect statement that we somehow endorse your statements.
• Interfere with or disrupt the operation of the AXENT Site, servers, or networks used to provide access to the AXENT Site, or violate any requirements, procedures, policies, or rules of operation in such networks.
Restrict or prevent any other person from using the AXENT Site (including without limitation by hacking or damaging any section of the AXENT Site).
• Use the AXENT Site for the purpose of (a) advertising, offering for sale, or purchasing any goods or services for any commercial purpose or otherwise promoting services, companies, or opportunities, or (b) imposing on visitors or users of the AXENT Site to visit, subscribe to, or register with any commercial online services or other organizations, without the prior written consent of AXENT; except in cases where you are an Official AXENT Dealer who has received approval from AXENT to use the AXENT Site for such purposes.
• Reproduce, duplicate, copy, sell, resell, link to, or otherwise use for commercial purposes any part of the Site, the right to use, or access to the AXENT Site, except in cases where you are an Official AXENT Dealer authorized by AXENT to use the AXENT Site for such purposes.
Except as expressly provided by applicable law, modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the AXENT Site.
• Remove any copyright, trademark, or other proprietary rights notices contained on the AXENT Site or in the materials posted on it.
• Embed any parts of the AXENT Site into other sites or create a copy of the AXENT Site or its parts.
• Create databases by downloading and storing content posted on the AXENT Site.
Use robots, spiders, special computer programs, or other manual or automatic means to retrieve, index, or collect content posted on the AXENT Site; or reproduce or mislead the navigation system of the AXENT Site without the prior written consent of "VIVAT TRADING" LLC.
• Install widgets provided by "VIVAT TRADING" LLC on third-party sites in violation of the rules established on such third-party sites (including the terms governing the use of such sites).
• In addition, you acknowledge and agree that you (and not "VIVAT TRADING" LLC) are responsible for obtaining and maintaining all telecommunications, broadband, and computer equipment and services necessary for access to and use of the AXENT Site, as well as for paying all costs associated with such equipment and services.
5. Provided Information
a. General Provisions. The AXENT Site may contain sections where you can post information and materials, including without limitation text material, images, photographs, graphic elements, music, video, audiovisual works, data, information, files, links, and other materials (hereinafter - "Provided Information"). You retain ownership of all materials you post, subject to the provisions of this Agreement (including the provisions governing the granting of licenses and specified in section 5(b)). You hereby acknowledge and agree that you have no right to use or include in any of your Provided Information or other materials any
content or materials belonging to us, our Affiliates, or our or their licensors or suppliers (hereinafter - "AXENT Content"), except in cases where "VIVAT TRADING" LLC gives you its written consent to use such content. "VIVAT TRADING" LLC, its Affiliates, and our or their licensors or suppliers, depending on the circumstances, retain ownership of the AXENT Content.
b. Grant of License. With respect to all your Provided Information, you grant us and our Affiliates a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable, and (multiply) sublicensable license without the need to pay you or third parties any remuneration. In accordance with the licenses, we may: (i) reproduce, distribute, transmit, perform and display (publicly or otherwise), make publicly available, adapt, modify, edit, translate, sell, offer for sale or import, and otherwise use and exploit (and engage others to exercise such rights on our behalf or on behalf of Affiliates) your Provided Information, any ideas provided or related to such information, or any materials embodied, displayed, included, or derived in connection with such information, in any format and on any media known now or developed in the future; (ii) create materials based on the information you provide (including without limitation including such information in other materials or products, or services of our company, our Affiliates, or other authorized persons); (iii) use all trademarks and other proprietary rights to your Provided Information; (iv) use your name, photograph, portrait, voice, appearance, and biographical information as news, information, or advertising in connection with your Provided Information or otherwise; and (v) use your Provided Information (including its content and derivative materials) for any advertising purposes. IF YOU DO NOT WISH TO GRANT US THE RIGHTS SPECIFIED IN THIS SECTION 5, PLEASE DO NOT POST ANY MATERIALS ON THE AXENT SITE.
c. Disclaimer. Visitors to the AXENT Site may post information or materials on the site that are illegal, misleading, or otherwise violate the provisions of this Agreement. We, our partners, and our and their directors, officers, employees, agents, Dealers, licensors, and suppliers do not endorse and are not responsible for any information or materials posted on the AXENT Site, or for the use or reliance on such information or materials by you. You agree that all Provided Information is not confidential and may be (i) disclosed to the general public and (ii) used by us without (A) any obligations of non-disclosure or confidentiality or (B) recognition of your authorship or the authorship of third parties. We reserve the right at any time and at our sole discretion to set limits on the number and volume of Provided Information that may be posted on the AXENT Site, or on the amount of memory available for posting such information.
d. Representations and Warranties. You hereby represent and warrant that: (i) you have the legal right and authority to enter into this Agreement; (ii) you are the sole owner or otherwise have the full right and permission to exercise all rights to your Provided Information, as well as to grant all licenses and rights provided for in this Agreement, and you have obtained written consent from the rights holders and owners of all third-party materials that may be included in your Provided Information and that are necessary to grant the licenses and rights provided for in this Agreement; (iii) your provision of the Provided Information and the use of such information by us, our Affiliates, our and their authorized persons, and other users of the AXENT Site, does not and will not in the future violate any patents, copyrights, trademark rights, trade secrets, or other intellectual property rights or other rights of third parties; (iv) your Provided Information is not confidential and does not contain any confidential data; (v) in creating, preparing, and posting the Provided Information, you (A) have complied and will comply with all necessary laws and regulations, agreements (including without limitation our rules of conduct set out in section 4) and (B) have not and will not violate any binding agreements for you (including without limitation any agreements concluded with third parties), and (vi) you have obtained the written consent and/or permission of each person identified in your Provided Information to use his or her name and image for the purpose of using such Information in the manner provided for in this Agreement, or, if the identified person has not reached the age of majority, you have obtained such written consent and/or permission from the parents or guardians of such person, as well as from all other institutions from which such consent is required (and in any case, upon our request, you agree to provide us with a copy of such consent and/or permission). If you still post information that contains an image of an identified person, we strongly recommend that you do not include any identifying data in such information, such as the name or address of such person.
e. Waiver. Additional Guarantees. To the extent permitted by applicable law, you agree to always release us and waive any claims against us, our Affiliates, and our and their directors, officers, employees, agents, Dealers, licensors, and suppliers, and you agree not to initiate, file, or bring any claims, demands, lawsuits, claims for damages, any costs, or expenses (including without limitation reasonable legal fees), in any way related to this Agreement and/or the use of your Provided Information in accordance with the rights granted by you under this Agreement, including without limitation any claims related to the misappropriation of ideas. In addition, to the extent permitted by applicable law, you hereby waive all rights you may have under the laws of any country that constitute "moral rights of the author", "rights to preserve the artistic integrity of the work", or similar rights related to your Provided Information (and you hereby represent and warrant that from all relevant third parties you have obtained a direct written waiver of all rights that such third parties may have under the law in connection with any of your Provided Information). At any time upon our request, you must: (i) take or arrange for the taking of all measures that we may reasonably deem necessary or desirable for us and our Affiliates to obtain all the benefits provided for in this Agreement and all licenses granted by you under this Agreement; and (ii) execute a non-electronic paper copy of this Agreement.
f. No Obligation to Use Your Provided Information. We have the right to decide whether or not to exercise the rights granted to us under this Agreement, and we are not obligated to (i) use any of your Provided Information or (ii) include your Provided Information in the AXENT Site Content, any other services, or materials.
6. Unsolicited Information
Notwithstanding any provisions of this Agreement to the contrary, we and our Affiliates do not accept, welcome, or consider information or ideas and proposals that were not requested by the recipient (hereinafter - "Unsolicited Information"), related to the AXENT Site, our products, or anything else. You hereby acknowledge and agree that: (a) any Unsolicited Information is not confidential, and "VIVAT TRADING" LLC and its Affiliates have no obligations to maintain the confidentiality of such Unsolicited Information; and (b) if provided by applicable law, any Unsolicited Information becomes the property of our company and our Affiliates. Neither we nor our Affiliates have any obligations to the sender or owner of the Unsolicited Information, and we may use the Unsolicited Information for any purpose without paying you or other persons any compensation.
7. Control. Reporting Unacceptable Materials
We may, but are not obligated to: (a) monitor, evaluate, or modify your Provided Information before or after its appearance on the AXENT Site; (b) verify that any separate or all rights, consents, and permissions related to your Provided Information have been obtained by you in accordance with your obligations specified above; and/or (c) refuse to post, reject, or remove any of your Provided Information at any time and for any reason (including without limitation in cases where we, at our sole discretion, have concluded that the necessary rights, consents, and permissions that you were required to obtain were not obtained). You agree to cooperate with us for the purposes of conducting the checks and inquiries specified above. We may disclose any of your Provided Information and all circumstances of its provision to any persons, for any reason, or for any purpose in accordance with our Privacy Policy. If you become aware of any illegal, defamatory, offensive, or unacceptable materials posted on the AXENT Site (except for materials that violate copyright and which are considered separately in section 19), please report it by following the link Feedback, describe the material, and indicate the corresponding address or location of such material.
8. Our Company's Proprietary Rights
We, our Affiliates, and/or our and their licensors and suppliers are the owners of the AXENT Site and all information and materials (including without limitation any AXENT Content) posted on the AXENT Site. Such information and materials are protected by copyright law, trademark rights, patents, and/or other intellectual property rights and laws. Unless otherwise previously authorized by us, you agree not to reproduce, modify, rent, sell, distribute, or create derivative works based on all or any part of the AXENT Site or on any information or materials (including without limitation any AXENT Content) posted on the AXENT Site.
We, our Affiliates, and/or our and their respective licensors or suppliers are the owners of the trade names, trademarks, and service marks posted on the AXENT Site, including without limitation the AXENT brand. Any trademarks and service marks found on the AXENT Site that do not belong to us or our Affiliates are the property of their respective owners. You may not use our brand names, trademarks, or service marks in connection with any product or service that is not our product or service, or in any other way that may cause confusion. No provisions of this Agreement and no materials posted on the AXENT Site should be construed as granting a license or right to use any trade names, trademarks, or service marks without the prior written consent of their owner.
PLEASE NOTE THAT UNAUTHORIZED USE OF THE AXENT SITE (INCLUDING ANY SOFTWARE THAT MAY BE USED TO PROVIDE ACCESS TO THE AXENT SITE) MAY RESULT IN THE NEED TO PAY MONETARY COMPENSATION AND LEAD TO OTHER CIVIL OR CRIMINAL LIABILITY, INCLUDING LIABILITY FOR COPYRIGHT INFRINGEMENT.
9. Sweepstakes, Contests, and Similar Promotions
Sweepstakes, contests, lotteries, and other promotions organized on the AXENT Site (hereinafter - "Promotions") may be governed by separate rules that are not specified in this Agreement. By participating in any such Promotions, you agree to comply with such rules, which may differ from the terms set out in this Agreement. With respect to any such Promotion, in case of a conflict between the terms of such Promotion and the terms of use of the AXENT Site, the terms of the Promotion will prevail.
10. Product Pricing and Purchase of Products from Official AXENT Dealers
You purchase AXENT products exclusively from an Official AXENT Dealer, and not directly from "VIVAT TRADING" LLC. If you wish to purchase any product or service available on the AXENT Site, you will be required to provide certain personal information, such as contact information and preference data, to create a customer account, and you will be given the opportunity to find the Official AXENT Dealer closest to you from whom you can purchase AXENT products. You may receive a letter from us confirming receipt of your request to purchase AXENT products and the transfer of such request to an Official AXENT Dealer. Such a letter is not a confirmation of acceptance of your order to purchase AXENT products, as the acceptance of orders occurs only by an Official AXENT Dealer and only at their discretion. Any information provided in this way through the AXENT Site will be treated by the company in accordance with the terms of this Agreement, the Privacy Policy, and the Personal Data Notification. By providing us with your personal data in the manner specified in this Agreement, you give us your consent to the processing of your personal data and their transfer to Official AXENT Dealers for the purpose of enabling you to purchase products or services under the terms described in this Agreement. Your information may need to be verified. The price and availability of any product or service indicated on the AXENT Site are indicative and require confirmation by your Official AXENT Dealer. The final price of the product is determined by your Official AXENT Dealer, taking into account, among other things, all applicable taxes, as well as the cost of product delivery.
11. Target Audience
"VIVAT TRADING" LLC controls and/or manages the AXENT Site from Ukraine, and the functioning of the AXENT Site should not lead to the necessity for the Company to comply with the laws or regulations of any other country or territory. Unless otherwise specified, the materials posted on the AXENT Site are presented exclusively for the purpose of providing services and promoting products available in Ukraine. To the extent permitted by applicable law, "VIVAT TRADING" LLC assumes no obligations and gives no guarantees that the AXENT Site, in whole or in part, as well as any products, services, or materials provided through the AXENT Site, are permitted for sale and available for use in other countries. Persons who wish to access the AXENT Site from other countries do so on their own initiative, at their own risk, and are also responsible for compliance with the laws of the respective country. We may, in whole or in part, restrict access to the AXENT Site for any person, for any geographical area, or jurisdiction at our sole discretion and at any time.
12. Third-Party Applications
The AXENT Site may interact with or use third-party software and services (or links to them) that are provided by our third-party service providers (hereinafter - "Third-Party Applications"). Since we do not control Third-Party Applications, you agree that neither we nor our Affiliates, nor our or their respective directors, officers, employees, agents, Dealers, licensors, or suppliers are responsible for any Third-Party Applications, including without limitation the performance, accuracy, integrity, quality, legality, expediency, security, or compliance with intellectual property rights related to Third-Party Applications or their use. We are not obligated to monitor Third-Party Applications, and we may at any time remove or restrict access to any Third-Party Applications (in whole or in part) that are available on the AXENT Site. The presence of Third-Party Applications on the AXENT Site does not mean our endorsement or our connection with the provider of such Third-Party Applications. In addition, the use of Third-Party Applications may be governed by additional terms that are not set out in this Agreement or in our Privacy Policy (for example, terms that are provided by the provider of Third-Party Applications to regulate the use of such Third-Party Applications). This Agreement does not create any legal relationship between you and the provider of Third-Party Applications, and no provisions of this Agreement should be construed as creating obligations for us, our Affiliates, and/or our and their directors, officers, employees, agents, Dealers, licensors, or suppliers, or as providing guarantees regarding any Third-Party Applications on our part and on the part of the above-mentioned persons.
13. Third-Party Content
The AXENT Site may have certain functionalities that, through a system or network of which the AXENT Site is a component, may provide the ability to route, transition, or access certain electronic messages and content provided by third parties (hereinafter - "Third-Party Content"). By using such functionalities of the AXENT Site, you acknowledge and agree that you are authorizing us to provide you with access to and transmit to you Third-Party Content related to such functionality. Since we do not control Third-Party Content, you agree that we are also not responsible for Third-Party Content, including for the accuracy, integrity, quality, legality, expediency, security, or compliance with intellectual property rights related to such Third-Party Content. We are not obligated to monitor Third-Party Content, and we may at any time block or close access to any Third-Party Content (in whole or in part) available on the AXENT Site. Your access to or receipt of Third-Party Content through the AXENT Site does not mean our endorsement or our connection with the provider of such Third-Party Content. In addition, the use of Third-Party Content may be governed by additional terms that are not set out in this Agreement or in our Privacy Policy (for example, terms that are provided by the providers of Third-Party Content). This Agreement does not create any legal relationship between you and the provider of Third-Party Content, and no provisions of this Agreement should be construed as creating obligations for us, our Affiliates, and/or our and their directors, officers, employees, agents, Dealers, licensors, or suppliers, as providing guarantees regarding any Third-Party Content on our part and on the part of the above-mentioned persons.
14. Links to Other Sites or Links from Other Sites
The AXENT Site may contain links to other sites, and the AXENT Site may be accessible from other sites and internet resources. Except as expressly provided by "VIVAT TRADING" LLC on the AXENT Site, "VIVAT TRADING" LLC is not an affiliated person and is not associated with the operators of third-party sites or resources that contain links to the AXENT Site or that may be provided from the AXENT Site. "VIVAT TRADING" LLC bears no responsibility for the accuracy, content, or availability of information posted on third-party sites or resources that contain links to the AXENT Site or that may be provided from the AXENT Site. We cannot guarantee that you will be satisfied with any products or services available on third-party sites or resources that contain links to the AXENT Site or that may be provided from the AXENT Site, as such third-party sites and resources are owned and controlled by third-party independent organizations. We do not offer or encourage the purchase of any products or services, we have not taken any measures to confirm the accuracy and reliability of information posted on third-party sites or resources, and we do not assume obligations and do not give guarantees regarding the security of information (including without limitation credit card information and other personal information) that you may or will have to provide to a third party through such a third-party site or resource or otherwise.
YOU AGREE THAT YOU USE THIRD-PARTY SITES, RESOURCES, AND ANY CONTENT, INFORMATION, DATA, ADVERTISING MATERIALS, PRODUCTS, SERVICES, OR OTHER MATERIALS POSTED ON SUCH SITES AND RESOURCES AT YOUR OWN RISK, AND THAT THE USE OF SUCH SITES AND RESOURCES IS CARRIED OUT IN ACCORDANCE WITH THE RULES ESTABLISHED BY THE OWNERS OF THE RESPECTIVE THIRD-PARTY SITES AND RESOURCES, AS WELL AS BY LAW.
"VIVAT TRADING" LLC has the right at any time and at its sole discretion to block links to the AXENT Site by technological or other means without prior notice.
15. Disclaimer of Warranties
THE AXENT SITE, AS WELL AS ALL PRODUCTS, SERVICES, GOODS, CONTENT OF OFFICIAL AXENT DEALERS, THIRD-PARTY APPLICATIONS (AS DEFINED IN SECTION 12), THIRD-PARTY CONTENT (AS DEFINED IN SECTION 13), INFORMATION, AND MATERIALS AVAILABLE ON THE AXENT SITE, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY EXPRESS WARRANTIES, AND WE, OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS ARE NOT OBLIGATED AND DO NOT PROVIDE ANY WARRANTIES, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. "VIVAT TRADING" LLC DOES NOT ASSUME OBLIGATIONS AND DOES NOT GIVE GUARANTEES THAT THE AXENT SITE OR ANY GOODS, SERVICES, PRODUCTS, CONTENT OF OFFICIAL AXENT DEALERS, THIRD-PARTY APPLICATIONS, THIRD-PARTY CONTENT, OR MATERIALS AVAILABLE ON THE AXENT SITE ARE ACCURATE, RELIABLE, COMPLETE, ERROR-FREE, OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. YOU RELY ON AND USE THE AXENT SITE AND ANY GOODS, SERVICES, PRODUCTS, CONTENT OF OFFICIAL AXENT DEALERS, THIRD-PARTY APPLICATIONS, THIRD-PARTY CONTENT, OR MATERIALS AVAILABLE ON THE AXENT SITE SOLELY AT YOUR OWN RISK. WITHOUT PREJUDICE TO THE FOREGOING, "VIVAT TRADING" LLC DOES NOT ASSUME OBLIGATIONS AND DOES NOT GIVE GUARANTEES (A) REGARDING THE STATEMENTS, ACTIONS, OR OMISSIONS OF ANY OFFICIAL AXENT DEALERS OR ANY OTHER THIRD PARTIES; (B) THAT THE AXENT SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR THAT ACCESS TO THE AXENT SITE WILL BE UNINTERRUPTED OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE AXENT SITE OR THE SERVERS AND NETWORKS THROUGH WHICH ACCESS TO THE AXENT SITE IS PROVIDED ARE AVAILABLE AND SECURE OR DO NOT CONTAIN VIRUSES OR OTHER HARMFUL COMPONENTS.
In accordance with the law, some of the above limitations of liability and warranties may be prohibited; and only to the extent that such law applies to you; some or all of the above limitations or disclaimers may not apply to you, accordingly you may have additional rights.
The AXENT Site may contain inaccuracies, errors, and materials that violate the provisions of this Agreement. In addition, third parties may make unauthorized changes to the AXENT Site. If you become aware of any unauthorized change to the AXENT Site by a third party, please report it by following the link Feedback, and describe the relevant material and indicate the address or location of such materials on the AXENT Site.
16. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL "VIVAT TRADING" LLC, ITS BRANCHES AND AFFILIATES, OR ANY OF ITS OR THEIR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO THE AXENT SITE, AS WELL AS FOR LOSS OF PROFIT, DAMAGES, COSTS RELATED TO BUSINESS INTERRUPTION, INTERRUPTION OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLE ASSETS, LOSS OF SECURITY OF INFORMATION THAT YOU PROVIDED IN CONNECTION WITH THE USE OF THE AXENT SITE (INCLUDING THE USE OR RECEIPT OF ANY THIRD-PARTY APPLICATIONS OR THIRD-PARTY CONTENT), OR WITH THE UNAUTHORIZED SEIZURE OF SUCH INFORMATION BY THIRD PARTIES, EVEN IF "VIVAT TRADING" LLC OR THE RELEVANT PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. "VIVAT TRADING" LLC IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR MODIFICATION OF THE INFORMATION OR DATA YOU PROVIDED OR FOR ANY MATERIALS OR DATA SENT OR RECEIVED BY YOU OR NOT SENT OR NOT RECEIVED BY YOU. "VIVAT TRADING" LLC IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE BEHAVIOR, OR UNSOLICITED CONTENT OF ANY OTHER PARTY (INCLUDING OFFICIAL AXENT DEALERS), OR FOR ANY VIOLATIONS BY THIRD PARTIES OF INTELLECTUAL PROPERTY, PRIVACY, OR OTHER RIGHTS. UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF "VIVAT TRADING" LLC TO YOU FOR ALL DAMAGES, COSTS (ARISING IN CONNECTION WITH THE AGREEMENT OR FROM THE FACT OF CAUSING HARM) ARISING FROM OR RELATED TO THIS AGREEMENT, THE AXENT SITE, OR THE USE OR INABILITY TO USE THE AXENT SITE EXCEED THE AMOUNT, IF ANY, PAID BY YOU FOR THE USE OF OR ACCESS TO THE AXENT SITE. In accordance with the law, some of the above exclusions or limitations of liability for damages may be prohibited, and only to the extent that such law applies to you; some or all of the above limitations or exclusions may not apply to you, accordingly you may have additional rights. For example, in some jurisdictions, a site operator cannot exclude or limit liability for personal injury or death caused directly in connection with the use of its site or in connection with the negligence of such an operator.
17. Indemnification
Except where prohibited by applicable law, you are obligated to defend, indemnify, and hold harmless "VIVAT TRADING" LLC, its Affiliates, and all of its and their directors, officers, employees, agents, licensors, and suppliers from any statements, claims, actions, demands, lawsuits, and other procedural actions (hereinafter - "Claims"), related to the following: (a) with the use, inability to use, or performance of actions related to the AXENT Site; (b) with any violation of this Agreement or any other terms or rules of AXENT on your part; (c) with any of your Provided Information or other materials posted by you on the AXENT Site (including without limitation any Claims that your Provided Information or other materials or their use caused damage or violated intellectual property rights, violated privacy, or other rights of any third party); or (e) with a violation on your part of any rights of visitors, users, or customers of the AXENT Site or any other third parties. You agree to reimburse "VIVAT TRADING" LLC, its Affiliates, or its or their directors, officers, employees, agents, Dealers, licensors, or suppliers upon demand for any damages, losses, costs, fees, fines, and other expenses incurred by them (including legal fees and attorney's fees) in connection with such Claims.
18. Termination of the Agreement and Application of Enforcement Measures
This Agreement is valid until its termination. You agree that "VIVAT TRADING" LLC may at any time, for any reason, and at its sole discretion suspend, restrict, or close access to or use of the AXENT Site, including without limitation in cases where "VIVAT TRADING" LLC comes to the conclusion that you have violated the provisions of this Agreement (including without limitation failure to comply with the rules of conduct set out in Section 4), subject to any restrictions established by applicable law regarding such a right of "VIVAT TRADING" LLC. In case of termination of this Agreement, your right to use the AXENT Site must be immediately terminated. You agree that any suspension, restriction, or closure of your access to or use of the AXENT Site may be carried out without prior notice, and that "VIVAT TRADING" LLC may immediately deactivate or delete any username and/or passwords used or provided by you, as well as all information and files associated with your account, and/or prohibit further access to such information or files. You agree that "VIVAT TRADING" LLC is not liable to you or to any third party for the suspension, restriction, or closure of your access to the AXENT Site or any such information or files and is not obligated to provide you with such information or files after such termination, suspension, or restriction. "VIVAT TRADING" LLC reserves the right to take measures that it may deem necessary or appropriate to ensure and/or verify compliance with the provisions of this Agreement (including without limitation in connection with any legal proceedings related to your use of the AXENT Site, and/or a statement by third parties that you are using the AXENT Site illegally or in violation of the rights of third parties). Sections 1, 5-8, and 11-22 of this Agreement remain in force after the expiration or termination of this Agreement.
19. Copyright Infringement Claims
If you are a copyright owner or an agent and believe that materials posted on the AXENT Site infringe your copyright, you can send "VIVAT TRADING" LLC a written notice containing the following information:
• a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive rights that have been infringed;
• information about the work protected by copyright, the right to which has been infringed, or, if the notice relates to several copyrighted works posted on one site, a detailed list of such works posted on the site;
• information about the material that is alleged to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit "VIVAT TRADING" LLC to locate such material (to expedite the processing of your notice, please provide the URL (link) to the page or the relevant information);
• information reasonably sufficient to permit "VIVAT TRADING" LLC to contact you, such as a postal address, telephone number, and, if possible, an email address;
• a statement that you have good reason to believe that the use of such material in the specified manner is not authorized by the copyright owner, its agent, or the law;
• a statement that the information in the notification is accurate and that, being warned of the liability for false testimony, you are authorized to act on behalf of the owner of the exclusive rights that have been infringed.
It is often difficult to determine whether your intellectual property rights have been infringed, and "VIVAT TRADING" LLC may request additional information before removing any materials. "VIVAT TRADING" LLC may provide the alleged infringer with your email address so that they can respond to your accusations. "VIVAT TRADING" LLC reserves the right to remove any materials posted on the AXENT Site that may infringe the copyright of any person in accordance with the laws of Ukraine, upon receipt of such notice. Notices should be sent to the address: 14000, Chernihiv, 18 Hetmana Polubotka St.
You agree that in the event of an infringement or threat of infringement of the intellectual property rights of AXENT, the damage caused to "VIVAT TRADING" LLC should not be compensated only by monetary funds, and, accordingly, in addition to other legal remedies available to the company, "VIVAT TRADING" LLC has the right to request a court decision to stop the infringement or threat of infringement without proving actual damages and the need to provide security measures. You agree not to refer to the insignificance of the damage caused during legal proceedings.
20. Applicable Law, Dispute Resolution
This Agreement is governed by the laws of Ukraine, regardless of the principles of conflict of laws. You agree that any dispute or claim arising from or related to this Agreement, access to, or use of the AXENT Site shall be resolved in the courts of Ukraine, and you hereby agree to submit to the jurisdiction of such courts for the purpose of resolving such disputes or claims.
21. Other Terms
If any provision of this Agreement is found to be illegal, invalid, or unenforceable for any reason, such provision shall be deemed severable from the other provisions of this Agreement and shall not affect the validity and legal force of such other provisions. This Agreement shall not be construed as creating any partnership, joint venture, employer-employee relationship, agency relationship, or franchise relationship between you and "VIVAT TRADING" LLC. You may not transfer, assign, or sublicense any of your rights or obligations under this Agreement without our prior written consent. The waiver by either party of rights arising from non-performance or violation of the provisions of this Agreement by the other party shall not be deemed a waiver of rights with respect to any previous or subsequent violations or cases of non-performance of the terms of the Agreement committed by the other party. All headings and section titles contained in this Agreement are provided for convenience only and should in no way be used to interpret the content of the respective sections. This Agreement, as well as all agreements and statements mentioned herein or contained herein by reference, constitute the entire agreement between you and "VIVAT TRADING" LLC regarding the subject matter of this Agreement and, except as provided in this Agreement, supersede all prior written or oral agreements and understandings between you and "VIVAT TRADING" LLC concerning the subject matter of this Agreement. Notices to you may be posted (or links to notices may be posted) on the AXENT Site, sent to you by email or regular mail, at the discretion of "VIVAT TRADING" LLC. Without limiting the foregoing, you agree that a printed version of this Agreement and any notice provided to you electronically may be presented during legal or administrative proceedings initiated in connection with this Agreement, to the same extent and under the same conditions as other documents originally executed and stored in printed form.
This Agreement of "VIVAT TRADING" LLC. All rights reserved.
