These Terms and Conditions of Use (the «Terms of Use») apply to the Website located at https://merkulov.design (here in after and all associated Websites linked to https://merkulov.design by Merkulove collectively the «Website / Merkulove»).
The following terms also govern and apply to your use of the Website, and they are incorporated herein by this reference:
- this Terms of Use;
- our Privacy Policy;
- our Support Policy;
- our Cookie policy.
By using this Website, you certify that you have read and reviewed this Terms of Use and that you agree to comply with its terms. If you do not want to be bound by the terms of this Terms of Use, you are advised to leave the Website accordingly.
Agreement to Terms of Use
Merkulove reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Merkulove grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Equipment
You are responsible for the acquisition and maintenance of your telephone, computer, software and other equipment necessary to access and use the Website.
You Conduct
You shall use Website for lawful purposes only.
You shall not send Merkulove any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, graphics, software, logos and computer code (collectively, «Content»).
Merkulove owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including «mirroring») to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Merkulove`s express prior written consent. You may download copyrighted material for your personal use only.
Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Merkulove and the copyright owner.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that it does not acquire any ‘ownership rights by downloading copyrighted material.
You shall not upload, post or otherwise make available on Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you.
Use of the Website
You may not use any «robot», «web scraping», «spider» or other mechanized device, program, algorithm, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Merkulove reserves the right to bar any such activity.
You agree not to use any programs and devices to interfere or attempt to interfere with the proper working of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Merkulove on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Website contain email services, chat areas, or other message or communication facilities designed to enable You to communicate with Merkulove for getting technical support or another consultation (each a «Communication Service» and collectively «Communication Services»). You agree to use the Communication Services only to send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
You should not use the Communication Services:
- in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Information that contains defames, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- submit to Communication Services information distribute or disseminate any inappropriate, profane, defamatory and obscene. indecent or unlawful topic, name, material or information.
- by giving Us misleading information that discombobulate Us about intellectual property laws you dont own or control.
If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or through the Website, the latter terms shall control with respect to your use of that portion of the Website.
Merkulove can not and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Merkulove’s Privacy
Merkulove is committed to the protection of Your personal data. See our Privacy Policy (https://docs.merkulov.design/privacy-policy/). You agree to the Use of Your personal data and information in accordance with Merkulove’s privacy policy.
If you are giving Us information by Communication Services and you are the owner of all rights pertaining to the user content and the user content will not infringe any intellectual property or other third party rights Merkulove do not pretend to violate your rights, modify, and without your permission use them.
Third Party Sites and Content
The Website may contain links to websites operated by parties other than Merkulove. You acknowledge that Merkulove does not control those websites and Merkulove is not responsible for their content, their privacy practices, or any other policies provided on those websites.
Merkulove’s Liability
Under no circumstances, including, but not limited to, negligence, shall We be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the site or materials or functions on our site, even if we have been advised of the possibility of such damages.
Merkulove suggests to watch over children when they use the Website. Merkulove is not responsible for consequences of children’s access to the Website.
Force Majeure
Merkulove is not liable or responsible for any failure to perform, or delay in performance of any of Merkulove’s obligations under this Agreement that is caused by events outside Merkulove’s reasonable control («Force Majeure Event»), in particular (without limitation)
(a) unavailability of public or private telecommunication networks
(b) acts, decrees, legislation, regulations or restrictions of any government or
(c) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or any natural disaster.
Merkulove’s performance under this Agreement is deemed to be suspended for the period that Force Majeure Event continues, and Merkulove will have an extension of time for performance for the duration of that period.
Procedure for Making Claims and Notices Regarding Infringement of Intellectual Property Rights and Other Rights
Any notices regarding any copyright infringement or violation of other laws by the Website, any content provided with or displayed in the Website or any User Content should be sent to: violation@merkulov.design.
General Provisions
Merkulove will only rely on the conditions expressly specified in these Terms in relation to certain Services provided by Merkulove. Any statements or agreements made or concluded elsewhere, whether directly or indirectly, in writing, verbally or in advertising, are not binding for Merkulove unless Merkulove provides you with written confirmation.
If any provision of this Terms of Use is deemed invalid, illegal or unenforceable (in whole or in part), as determined by a court, the validity, legality and applicability of the remaining provisions will not be any way to be affected or weakened.
This Terms of Use and your relationship with Merkulove in accordance with this Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction in which Merkulove reside, without regard to conflict of laws provisions and in accordance with the non-exclusive jurisdiction of the courts to resolve any legal issues arising in connection with the Terms of Use. Notwithstanding the foregoing, Merkulove may apply for injunctive relief (or the equivalent type of emergency legal assistance) in any jurisdiction.
Feedback and Information
The information contained in this Website is subject to change without notice Questions, complaints and suggestions related to the use of the Website should be sent to: hello@merkulov.design.