Terms & Conditions

Appendix 2 to the Terms of Service Agreement for the Website www.arc.ua

The LLC UM owns and operates the digital product www.arc.ua (hereinafter referred to as the Website), as well as all other content published on the Website or delivered via email and social media pages. The LLC UM is referred to below as “UM,” “we” or “our”.

Your use of the Website and any of its associated products and services is regulated by the terms, conditions and disclaimers listed below; by our Privacy and Confidentiality Policy; and to all applicable laws and regulations.

Additionally, UM reserves the right to discontinue access to the Website for any reason, and to take any other actions that UM, at its sole discretion, regards to be in the interest of the Website and either some or all of its users and clients. UM reserves the right to modify the terms, conditions and disclaimers of access, without providing advance notice.

Please note that our Website is under constant development. Therefore, this Agreement may be modified and/or amended at any time. To follow the changes, please check back to this page regularly.

Access

Access to the Website is provided free of charge while Ukraine is under Martial Law. Access to the content on the Website requires registering as a User which qualifies as a subscription. Subscribers enrolled in the automatic subscription renewal program can opt out or cancel their subscription at any time in My Account or by contacting our Customer Service team at admin@arc.ua. For canceled subscriptions, Um will not issue a refund on the remaining subscription.

Access to the Website does not create any form of professional services affiliation nor any other relationship with UM. The Website content is provided purely for your own personal, non-commercial use.

You may not develop or extract for commercial sale any data in machine-readable or any other form that utilizes or incorporates any significant portion of the Website nor transfer to or store any data located on or transmitted over the Website in any digital network for use by more than one user unless you have obtained prior written authorization to do so from UM. Specifically, you may not modify, copy, reproduce, republish, upload, re-post, circulate, translate, sell for commercial use, produce derivative works, exploit or distribute in any way or through any medium any content from the Website unless explicitly authorized in these Terms & Conditions or by the owner of the content. For more information about requesting permission to reproduce or distribute materials from the Website contact us at admin@arc.ua.

Account Credentials and Security

Accessing some of our services, including account registration and/or subscribing to the Website, requires the creation of an online account log-in and password (the Credentials).  You are responsible for maintaining the confidentiality of your Credentials, and you are solely responsible for all activities that occur during the use of your Credentials. You agree to immediately change your password and notify us at admin@arc.ua if you suspect or become aware of any unauthorized use of your Credentials or any other breach of security related to using the Services. We reserve the right to require you to alter your Credentials if we have reason to believe they are no longer secure. You agree that UM will not be held liable for any losses or damages that may arise from your failure to sufficiently safeguard your Credentials.

Intellectual Property

UM and the Website, all of the text and images contained on the Website and in UM’s products are protected by Ukraine’s trademark and copyright law and all other applicable laws and regulations, as well as by international laws including the Digital Millennium Copyright Act, and are the sole property of UM, except as otherwise identified. All copyrights and trademarks not solely the property of UM that are used or referred to on the Website and all other products of UM are the property of their respective owners. Nothing included on the Website or any other of UM’s products shall be understood as granting any license or permission to copyright, trademark, patent or in any other way transfer the ownership of property rights of UM or any third party. Because the content is proprietary, any unauthorized use of materials from the Website or any other of UM’s products may be in violation of the law.  If you are a copyright owner and believe material infringing on your copyright is present on the Website, please refer to the procedures outlined below in the section titled “UM and the Website’s Copyright Infringement Claim Policy.”

UM’s products, including third party and licensed materials on the Website, may not be copied, modified, reproduced, published, transmitted, or displayed in any form except for the personal use of the subscriber. Any form of commercial or public use requires specific written permission from UM or a legally designated representative of UM.

Submission Policy

The Website may allow users to upload, submit, send, post and/or publish images, video, written text, personal profiles, comments, letters to the editor, e-mails, or other types of data and/or information (User Submissions). By creating and uploading or submitting User Submissions on the Website, or to UM by any other means:

· You affirm, represent and warrant that you own the copyright and have permission to utilize, license and/or sublicense the User Submissions;

· You grant to UM, and anyone legally authorized by UM, a worldwide, non-exclusive, payment-free, royalty-free, irrevocable and perpetual license, including the right to sublicense, to publish, copy, designate, display, distribute, perform, reproduce in whole or in part, and modify the content in the User Submissions in any type of medium or in any manner, in whole or in part (whether now known or developed in the future), without any restrictions, for the sole intended purpose of the Website and/or services provided by UM;

· You grant to each user of the Website a non-exclusive license to access the User Submissions through the Website to use, copy, reproduce, distribute, display and perform such User Submissions as solely permitted through the capabilities of the Website and approved of by this Agreement; and

· You acknowledge and agree that UM may decide, without providing notice, to make available to users or distribute the User Submissions via RSS or other automated or digital means.

· You attest to and agree that User Submissions may be permanently stored on UM’s servers.

· You acknowledge and certify that UM is not responsible for, and cannot prevent, publication or any other use of your User Submissions by any third parties who may have copied or reproduced your User Submissions during the time it was displayed on the Website.

· For any User Submissions you post that you personally do not own, you guarantee that you have the legal right to publish those specific User Submissions and that the publication of the content will not violate any law or the rights of any person or legal entity.

Employment Opportunities

UM may post employment opportunities and/or invite users to submit written or other creative content. If you submit your name, contact information, and/or other personal information to apply for employment or requests for further information about employment, you are authorizing UM and its service providers to utilize this information for all lawful and legitimate hiring and employment purposes. UM also reserves the right, at its sole discretion, to share the information you submit for lawful and legitimate business purposes. Nothing in this Agreement or contained on the Website shall be construed as a guarantee by UM to interview, hire or offer employment to any individual who submits the information, nor anything in this Agreement or contained on the Website shall be construed as a promise that UM will review any or all of the information submitted to it by users.

UM’s and the Website’s Copyright Infringement Claim Policy

UM and www.arc.ua respect the intellectual property of others, and require that our users do the same. You may not upload, save, embed in other texts, post, email in part or in whole, transmit or otherwise make available any content from the Website that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or legal entity. UM has the right to terminate the account of those who do not adhere to this policy.

If you believe your work has been copied, reproduced, published and/or posted on or through the Website in a way that constitutes copyright infringement, please send a claim to admin@arc.ua with all of the following information:

(a) please specifically identify the original copyrighted content you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such content;

(b) identify the claimed infringing content reasonably sufficiently to permit us to locate the material on the Website. You may provide the URL(s) of the claimed infringing material to satisfy this requirement;

(c) provide sufficient information to permit us to contact you, such as your full name, an address, telephone number, and/or an email address;

(d) submit a statement by you that you have a good faith belief that the content in question’s use is not authorized by the copyright owner, their legally authorized agent, or the law;

(e) please also submit a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the sole copyright owner or have been authorized to act on the behalf of the copyright owner; and

(f) confirm the information by affixing your physical or electronic signature.

Upon receipt of a notification of Copyright Infringement from a copyright owner or their legally authorized representative that contains the required information detailed in (a) through (f) above, UM will notify the user, if known, who had submitted the disputed content, of the alleged infringement and remove or restrict access to the material that is alleged to be infringing if hosted on the Website. The personal user information of the infringer or any other user will not be shared with the copyright owner unless explicitly required by law.

If any of the provisions or a portion of the above stated terms are found to be in whole or in part not legally enforceable for any reason, the remainder of that specific provision and of the terms and conditions stated above will be severable and remain fully in effect as is consistent with the intent of the document.