An individual or legal entity, including an individual entrepreneur, having entered into this Agreement, hereinafter referred to as the “User”, on the one hand, and MEDIACUBE WORLDWIDE LTD, legal entity established and functioning in accordance with the legislation of the Republic of Cyprus, each may hereinafter be referred to as the “Contractor”, on the other hand, collectively referred to as the “Parties”, individually as the “Party”, have entered into this Public Offer Contract (hereinafter the “Agreement”) as follows:
1. DEFINITIONS OF TERMS USED IN THE CONTRACT
1.1.Ezzy (Ezzy) service - service owned by the Contractor, located at https://ezzy.co/ respectively, which is an authentication and identification system that provides the User with the ability to create a single account for authentication on a variety of Internet resources, including using single sign-on technology, in which the User moves from one section of the portal to another without re-authentication.
1.2.Request - request for connection of Additional services provided within Ezzy.
1.3.Profile - personal page of the registered user in the Ezzy service.
1.4.Personal account - the Internet site, access to which is provided by the Contractor to the User, for the Term of the Agreement, by means of which he adds his accounts in social networks and (or) other services (including, but not limited to: YouTube channels, Instagram account, etc.), manages the Balance, Funds and Credits of the profile, Personal and Payment data, views the profile information and manages it.
1.5.Connected YouTube channel - Content that the user added to his personal account Ezzy, providing access to Google Accounts and YouTube;
1.6.Profile Balance - general summary information of the Profile Funds and Profile Credits about the amount of all income (revenue) payable by the Contractor to the User.
1.7.Profile funds - income calculated on the basis of the Platform's reports to be paid by the Contractor to the User.
1.8. Revenue(income) - the User's income from all services provided by the system Ezzy, formed from the following sources (including but not limited to):
a) Ads Revenue - advertising formats that are placed in the Content;
b) YouTube Premium - revenue from paid YouTube subscriptions;
c) Claimed Views Revenue - the revenue from the Ads Revenue of those videos in which the Content was used and that were detected by the Ezzy service;
d) YouTube Premium Claimed Views - revenue from YouTube Premium for those videos in which Content was used and that were detected by Ezzy;
e) Sponsorships - paid subscriptions to specific Content;
f) Superchat - income from paid comments during live broadcasts;
g) from the implementation by the Contractor of the rights to the Content on the Platform;
h) other third-party advertising programs, the Platform and the Contractor.
1.9.Profile Credits - cash reflected in the User Balance calculated on the basis of Revenue, which the User is entitled to request to be paid from the Contractor against future charges of the Funds.
1.10.YouTube Channel (Channel) - a web page hosted on the Platform, providing content management functionality on the Platform, which has a unique web address. The list of User Channels is indicated in the Personal Account.
1.11.Content - the result of intellectual activity - objects of copyright and / or related rights: audiovisual works, phonograms, musical works and other materials, as well as fragments of any works and materials that are on the Platform and / or specified in the Personal Account, the Rights to which are provided by the User to Contractor under the terms of this Agreement.
1.12.Paid subscriptions are the functionality of the Platform in relation to all or part of the User Content on the Platform, which the User can use for a fee.
1.13.Additional services - functionality provided to the User through the Ezzy service.
1.15.Platform User - an individual who gets access to the Content on the Platform.
1.16.Rights - rights to use the Content granted to the Contractor under the terms of this Agreement (exclusive license), namely: the right (permission of the User) to use the Content on the Platform, which is granted only to the Contractor and excludes the possibility of the User issuing licenses to use the Content on the Platform to others limited by this license.
1.17.Sponsored streaming - the transfer (display) of the Content together with the display of promotional material (before and / or after and / or during the display of Content) using the Platform on the Device in real time (streaming broadcasting).
1.18.Term - a period of time that determines the duration of the Agreement from the date of its conclusion, specified in clause 10.1 of this Agreement.
1.19.Territory - the territory of countries around the world, within which the Contractor received the Rights to use the Content in accordance with this Agreement.
1.20.Transactions - operations performed in the Ezzy system, which include: operations for transferring Funds to the User; User Credit Adjustment operations (if applicable).
1.21.Device - any technical means by which the User can access the Content.
1.22.The Service - a service for the collection, storage, and provision of User information to third parties providing services in the system Ezzy, as well as a service to display information about the Profile Balance.
1.23.Login - an email that the User chooses independently and indicates when registering with the Ezzy service through which the login will be performed.
1.25.Password - conditional word or set of characters, intended to confirm identity or authority.
1.26.Payment systems are systems through which the User is entitled to receive payments from the Contractor, which include:
- YooMoney (in this case, the User confirms that he is familiar with the terms of the YooMoney service, located at: https://money.yandex.ru/pay/doc.xml?offerid=default );
- QIWI Wallet; (in this case, the User confirms that he is familiar with the terms of the QIWI Wallet service located at: https://qiwi.com/offers )
- PayPal (in this case, the User confirms that he is familiar with the terms of the PayPal service, located at: https://www.paypal.com/webapps/mpp/ua/legalhub-full )
- Webmoney (in this case, the User confirms that he is familiar with the terms of the Webmoney service, located at: https://www.wmtransfer.com/eng/legal/codex.shtml )
- Hyperwallet (in this case, the User confirms that he is familiar with the terms of the Hyperwallet service, located at: https://pay.hyperwallet.com/hw2web/consumer/page/legalAgreement.xhtml# )
- Payoneer Bank Transfer or Debit Card; (in this case, the User confirms that he is familiar with the terms of the “Payoneer Bank Transfer or Debit Card” service located at: https://www.payoneer.com/legal/ )
- Bank transfer, including the transfer of funds to the card account;
- any other payment system that may be available in the Profile.
1.27. Third parties-advertisers, other third parties who have concluded an Agreement with the Contractor to transfer Income to the User in the system Ezzy.
1.28. Transfer – an operation for debiting the User's funds from his Profile Balance and crediting them to the Profile Balance of another User in accordance with the rules specified in Section 6 of this Agreement.
1.29. Friend (Friends) – Users who have accepted the User's request in the Ezzy, through which the User has given permission to disclose the following personal data: first and last name, country, email address, Ezzy wallet number, and showed in the "Crew" section of the Ezzy system.
2. GENERAL PROVISIONS
2.1.During registration in the Ezzy system, the User must accept the provisions, requirements and conditions of this Agreement in full, without any reservations, exceptions and (or) additions, and all essential terms of the Agreement between the User and the Contractor are agreed and approved. If the User does not accept these provisions, requirements and conditions of this Agreement, he is not entitled to use the Services provided by the Contractor.
2.2. This Agreement is a public offer.
2.3. Taking into account the continuous and dynamic development of the Services and (or) Additional Services offered by the Contractor, in software, its functions and components, in the form and type of provision of the Services, in the Ezzy system and in all materials, information, conditions, texts, programs, modules and components, interfaces, graphic design, everything else that is somehow connected with the provision of the Services by the Contractor, there are constant changes. Accordingly, the Contractor may at any time change the terms of this Agreement. Any changes to these terms of the Agreement will be displayed on the page.:https://ezzy.co/ or https://agreement and the use (continued use) by the User of the Contractor’s services after making such changes means the full and unconditional acceptance of the Agreement, subject to the changes made.
2.4. The parties assure that they have the legal authority to enter into this Agreement, persons who have accepted the terms of this Agreement, have all the rights to perform the legal actions specified in it in accordance with the laws of the country of registration of the Contractor.
2.5. If the User is an individual, he confirms that he was 18 years old at the time of the conclusion of this Agreement or, if he is a minor, he is recognized as fully capable or has legal permission from his parents / guardian to enter into this Agreement. In this case, in any case, the User confirms that he is 14 years old at the time of the conclusion of this Agreement.
3. SUBJECT OF CONTRACT
3.1. Under the conditions provided for in this Agreement, the Contractor shall provide the User with following services:
- services for the collection, storage, and provision of User information to third parties providing services in the system Ezzy, and services for the displaying Profile Balance information (hereinafter referred to as the Services);
- other services through the Ezzy platform specified in this Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. User has the right to:
4.1.1. Complete the Personal Account Registration procedure in order to be able to use the Services provided by the Contractor.
4.1.2. Receive any Additional Services provided by the Contractor.
4.1.3. To solve difficult situations or get advice on the Services provided by the Contractor, contact the Information and Technical Support Service using the means of communication and contact information specified in paragraph 8.2. actual agreement.
4.1.4.The user has the right to terminate this Cotract by sending a notification to the technical support email address: firstname.lastname@example.org, not earlier than 30 (thirty) calendar days before the expected termination date. In this case, all obligations of the User under this Agreement and (or) Additional Agreements to the Contractor shall be fully discharged.
4.2. User must:
4.2.1. comply with the terms of this Agreement.
4.2.2. until the conclusion of this Agreement, on one's own (personally) familiarize with the terms of the Agreement, understand them or, if any of the conditions of the Agreement are not clear to the User, request clarification of the terms of this Agreement from responsible employees of the Contractor in the technical and information support service.
4.2.3. ensure reliable storage and to be independently responsible for the safety of its personal data (account name, password, and others) and to be not entitled to transfer or provide it to third parties. All actions performed in the Personal Account using username and password belonging to the User are deemed to be committed by the User.
4.2.4. independently bear the risks of possible adverse consequences for him in the event of the loss and (or) disclosure of his Password by the User to access the Services provided.
4.2.5. do not use the Ezzy service, the Platform and (or) the Contractor’s Services to download, store and (or) distribute any Content created by the User that violates the laws of the country of registration of the Contractor or the rights and legitimate interests of third parties, or contains viruses or other malicious code. The User is solely responsible to third parties for his actions related to the placement and (or) storage of Content in the Ezzy service, the Platform and (or) when using the Contractor’s Services. The User independently and at his own expense undertakes to settle all claims of third parties related to the placement and (or) storage of the Content created by the User in the Ezzy service, the Platform and (or) when using the Contractor’s Services.
4.2.6. be fully responsible for: a) compliance with all requirements of legislation of the country of registration of the Contractor, including advertising legislation and intellectual property legislation, including copyright and related rights protection (including in relation to the content of the information resource for which it is installed (may be set) forwarding hyperlink in the User’s information, but not limited to this), and privacy regulations;
b) accuracy of the information indicated by him during registration as the User (personal and billing information, etc.) and the accuracy and warranties User contained herein.
4.2.7. protect and protect the Contractor from any lawsuits, claims, damage or loss caused by the User’s breach of its representations and warranties specified in this contract, as well as to compensate the Contractor for possible losses, damages and expenses, including legal costs and expenses advocacy and other protection in the event of the submission of such claims to the Contractor, including lawsuits and claims of third parties.
4.2.8. to bear all possible risks of adverse consequences in the event that unreliable personal data, false information, personal data of third parties are entered into the Profile, including, but not limited to, risks associated with bringing the Contractor to liability and (or) third parties. In the case of initiation of proceedings in the procedure established by law as a result of illegal actions by the User, the existence of valid third-party claims, the Contractor shall have the right to disclose the personal data of the User, and the User undertakes to act on the side of the debtor, the defendant, the person against whom the process is conducted.
4.2.9. independently monitor and study all changes and additions to this Agreement located at the address specified in clause 2.3 of this Agreement.
4.3. User Restrictions
4.3.1. The user is expressly prohibited from decompiling, disassembling, or otherwise studying the source code of the Ezzy service.
4.3.2. The user is expressly prohibited from selling, loaning, renting or leasing, use in any other way and manner different from the method of use specified in this Agreement, Ezzy service and (or) Services of the Contractor.
4.3.3. The user is expressly forbidden to modify the Ezzy service.
4.3.4. It is expressly prohibited for the User to transfer the User Name and / or the Password from the Personal Account to third parties.
4.4. User assurances and warranties
4.4.1. Agreeing with the terms of this Agreement and accepting the terms of this Agreement, the User hereby assures the Contractor and guarantees the Contractor that:
a) the User has and during the period of use of the Services provided by the Contractor will have all rights, permissions and licenses (including, without limitation, copyrights, rights to use the trademark, patent rights, rights to disclose information and other rights) required for the use of the Services provided by the Contractor to the User and provided for in this Agreement;
b) the User will not engage in illegal or fraudulent activity, will not create and download (transfer or otherwise make available in the Ezzy service or the Platform) Content that may be illegal;
c) the User has all the rights and authority to enter into this Agreement and to perform the actions envisaged by him;
d) the User complies and will comply with all applicable laws, laws, regulations and decrees, and all relevant data privacy and data security laws when performing the actions specified in this Agreement;
e) The user has provided valid personal and payment data when registering in the system Ezzy and using the Services:
f) The User voluntarily accepts the terms of this Agreement in full and unconditionally and at the same time he is fully acquainted with this Agreement, fully understands the subject of this Agreement and its terms, fully understands the meaning and consequences of his actions regarding the acceptance of this Agreement and the provision of the Services in accordance with Contract.
4.5. The Contractor has the right to:
4.5.1. refuse any User to render the Service and block access to the User’s Personal Account in the following cases:
a) if authentication and (or) authorization of the User is not performed, or the Contractor has reason to believe that the authentication and (or) authorization of the User was conducted with violations;
b) if there are technical malfunctions at the Contractor;
c) if the actions of the User violate this Agreement;
d) at its sole discretion without explanation.
4.5.2. make changes to the list of Services provided by the Contractor, and in the terms of their provision at any time and solely at its own discretion.
4.5.3. make changes to this Agreement in cases where, according to its terms, the Contractor has the right to make changes unilaterally.
4.5.4. suspend the operation of the Ezzy service or hardware upon detection of significant malfunctions, errors and failures, as well as for the purpose of conducting preventive maintenance and preventing unauthorized access at any time at its own discretion and (or) during the occurrence of such a need for any unlimited time.
4.5.5. use the services of third parties to fulfill their obligations under this Agreement, while bearing responsibility to the User using such services in full and in accordance with this Agreement.
4.5.6. perform other duties provided for in this Agreement.
4.5.7. refuse any User to provide the Services in accordance with this Agreement if the User’s rights to use the Ezzy service and / or the Services provided by the Contractor are not certified.
4.5.8. terminate the Agreement with the User unilaterally with the simultaneous sending of a notice in case the User violates the terms of this Agreement. The moment of termination of the Agreement shall be the date of sending the relevant notice to the User.
4.5.9. the right to disclose information about the User only in accordance with the laws of the country of registration of the Contractor.
4.5.10. expand, change, reduce, edit and modify the functionality of the Ezzy service.
4.5.11. delete information (Content created and posted by the User) if it violates the terms of this Agreement and (or) legislation of the country of registration of the Contractor, without prior notice to the User.
4.5.12. in cases of violation by the User of the requirements and conditions of this Agreement, block the access of the User to his Personal Account until the circumstances are clarified and (or) permanently with the removal of the Personal Account in case of termination of this Agreement.
4.5.13. Impose or fully transfer to a third party the obligations under this agreement to the User with the obligatory performance of the latter no earlier than 10 (ten) business days before the expected date of transfer of obligations. In case of technical consent, the User has the right to terminate the Agreement from the moment such obligations transfer to a third party by notification to the technical support email: email@example.com, or on other grounds in accordance with section 4.1.4 of the Agreement.
4.6. Contractor must:
4.6.1. publish official messages related to the maintenance of Users and (or) changes (addition) to legally important information on the public official website of the Ezzy service or send them to the Users email.
4.6.2. provide the ability to register in the system Ezzy.
4.6.3. provide services in accordance with the terms of this Agreement.
4.6.4. provide technical and informational support.
4.6.5. do not use the personal and payment data of the User obtained during registration for any mercenary purposes and guarantees the non-disclosure of these data, except in cases where the disclosure of such information is the responsibility of the Contractor by virtue of the laws of the country of registration of the Contractor
5. PROCEDURE FOR PROVIDING SERVICES BY THE CONTRACTOR, PAYMENT AND SETTLEMENT PROCEDURE
5.1. In order to access the Services, the User must accept the terms of this Agreement and fill in the registration form - go through the registration procedure in the Ezzy service by creating a Personal Account. All messages from the Contractor, including the first message with notification of the completion of the registration procedure, are sent to the User at the email address that he indicated in the Login field when registering the Personal Account. Login is unique and cannot be changed further.
5.2. If the provision of any additional Services offered by the Contractor in the Ezzy service requires an additional Application and (or) clarification of the User’s data, and (or) additions to the User’s data, and (or) clarification of the composition of such additional Services and conclusion of the additional contracts (agreements, terms, rules, etc.), such additional Services are provided to the User only after the Contractor receives such an application in the form specified in the additional agreements, in accordance with documents regulating the provision of such additional services.
5.3. After registration and, if the User agrees with the terms of this Agreement and (or) its annexes, the User provides accurate Personal data and payment details for the execution of payment documents for the payment of Revenue (income), or payment for other additional Services for Users provided for in this Agreement or additional agreements, or additional contracts.
5.4. After registering in the Personal Account user with the help of the Profile Balance, gets access to tracking the amounts of Revenue (income), which are subsequently paid to the payment details specified in the User’s Personal Account.
5.5. For the purpose of receiving payments, the User is entitled to receive funds using one of the Payment Systems available in the Profile.
5.6. The Platform transfers to the Contractor the total amount of Revenue (income), which will be calculated solely on the basis of the Platform’s reports and (or) on the basis of the Contractor's contracts with third parties using the Ezzy system. The Contractor transfers to the User the Revenue (income) received from the Platform minus his remuneration as payment for the cost of services specified in paragraph 1.22. Payment of income to the User is made by pressing a button in the Personal Account called “Withdraw to the account” within 30 (thirty) banking days after the Contractor checks the User’s request to complete the Transaction. When crediting funds to the User at the expense of the Profile Credits, the Contractor is entitled to charge an additional fee. In this case, the Commission amount will be reflected in The User's Personal account.
5.7.Payment of remuneration to the User is made in US dollars (USD).
5.8. All costs associated with a bank transfer (bank fees for transfer, conversion, etc.), as well as expenses incurred by the Contractor as a result of the transfer from the use of electronic payment systems, fees, taxes paid are deducted from the User's fee. All taxes established by the legislation of the User’s registration shall be paid by the User in the state of his registration independently.
5.9. Profile funds are generated using the service Ezzy within 5 (five) working days after the transfer of funds be the Platform, other platforms and (or) third parties to the Contractor. Funds are credited to the User’s Personal Account automatically based on the Revenue (income) Reports.
5.10. The amount, terms and procedure of payment to the User are made in accordance with the terms of this Agreement and (or) with the terms of individual (additional) contracts, provisions, agreements, rules and any other documents, including statements of third parties (hereinafter - Supplementary Agreements) governing the procedure for such payments, which are an integral part of actual agreement. Such Supplementary Agreements are formed in the event that conditions exist that differ from those of this Agreement, or on other grounds on which Supplemental Agreements are to be entered into.
5.11. The Contractor has the right to withhold the Ad Revenue from the User in cases of violation of the terms of this Agreement, certain (additional) contracts, provisions, agreements, rules and any other documents (hereinafter referred to as Additional Agreements) governing the procedure for such payments, which are an integral part of this Agreement.
5.12. In the case of the conclusion of Additional Agreements to this Agreement, the conditions specified in such Additional Agreements differing from the terms of this Agreement take precedence over this Agreement in all other respects not provided for by such Additional Agreements, the Parties shall be governed by the terms of this Agreement.
5.13. If the User did not withdraw funds due to the User from the Platforms and/or third parties before deleting the Personal account or during the period provided to the User for restoring the Personal account, the User waives any claims for such funds, and is solely responsible for such refusal.
6. THE RULES FOR MAKING TRANSFERS
6.1. This section defines the conditions for making Transfers through the Ezzy.
6.2. The Contractor provides Users with the opportunity to make Transfers if the User meets all the following conditions:
6.2.1. The User is an individual;
6.2.2. The User has completed the verification process;
6.2.3. The User has activated two-factor authentication.
Further, in this section (Section 6 of the Agreement), Users will be understood only as Users who meet the conditions specified in clauses 6.2.1 – 6.2.3 of the Agreement.
6.3. The User has the right to make Transfers only to Friends who meet with clause 6.2.1 – 6.2.3 of the Agreement. If the User meets with clause 6.2.1 and doesn’t meet with clause 6.2.2. and (or) 6.2.3, the User has the right to provide information and perform actions necessary to comply with clause 6.2.2. and (or) 6.2.3.
6.4. To make a Transfer, the User must:
6.4.1. Click on the "Transfer" button located on the Ezzy Balance card;
6.4.2. Select a Friend who will take the Transfer;
6.4.2. Specify the Transfer amount;
6.4.3. Pass additional authentication.
6.5. To make a Transfer, the User must perform the actions specified in clause 6.4 of the Agreement in the order specified in clause 6.4 of the Agreement.
6.6. The User agrees that the Contractor isn’t responsible for the amount of the Transfer, the User's mistakes when performing the actions specified in clause 6.4 of the Agreement.
6.7. The User is aware and agrees that the Contractor doesn’t cancel the Transfer (refund of funds transferred by the User), regardless of the reasons for which the User expressed the desire to cancel the Transfer.
6.8. The User confirms that all Translations will not be related to entrepreneurial activities and are non-commercial.
6.9. The Contractor isn’t responsible for any tax liabilities incurred by the User in connection with making Transfers: to the User's address and to the User's Friends from the User. The User undertakes to declare income and pay taxes in accordance with the legislation of the User's place of residence.
7.1.By entering into the Agreement, the User accepts these confidentiality clauses in full and agrees to receive an email distribution to the email address provided when creating the Profile. The Contractor assumes that the e-mail address indicated by the User during registration is correct and belongs to the User. The user has the right to refuse to receive distribution letters at any time by clicking on the unsubscribe link present in each letter.
8. FORCE MAJEURE
8.1. In case of occurrence of force majeure circumstances, that is, circumstances that arose and operate independently of the will of the Parties and which the Party could not objectively foresee and prevent, if these circumstances prevent the Party from properly fulfilling its obligations under this Agreement, this party will fulfill its obligations under this Agreement extended for the duration of the circumstances of force majeure, but not more than 3 months.
8.2. Such circumstances include fires, natural disasters, military actions, the imposition of a state of emergency, acts of terror, riots, strikes (excluding strikes by employees of the Parties), changes in legislation (making the implementation of the Treaty impossible), officially recognized financial crises, including full or partial inoperability of the YouTube, Google, other Platforms and platforms or termination of cooperation with Google, other Platforms and platforms and (or) other third parties with the Contractor and other circumstances that have arisen after the conclusion of this Agreement that the Party could not prevent if such circumstances impede the proper fulfillment by the Parties of their obligations.
8.3. A party that is not able to properly fulfill its obligations under this Agreement due to the circumstances of force majeure, must notify the other Party in writing of the occurrence of these circumstances and the expected duration of their validity within 30 calendar days from the date of their occurrence with proof of the existence of such circumstances (proof of the occurrence of force majeure is a certificate of the competent state authority). Otherwise, the non-performing Party shall lose the ability to refer to force majeure circumstances as grounds for exemption from liability for non-performance or improper performance by it of its obligations under this Agreement.
8.4. If force majeure circumstances or their consequences are valid for more than 3 (three) months, the Parties, on the basis of mutual negotiations, may agree to terminate this Agreement.
8.5. By agreement of the Parties, force majeure circumstances in relation to the terms of this Agreement also directly affect the fulfillment of obligations under the Agreement:
- interruption of communication channels and failure of server infrastructure at the level of main communication channels, data exchange centers, computer centers, as well as communication lines of regional and local importance;
- long-term failures and difficulties in the work of the global Internet or its individual segments, disruption of the work of the addressing system (DNS), etc.;
- unauthorized actions of third parties, having as a goal causing any kind of damage to any of the Parties, carried out using electronic software and / or hardware or their combinations, namely, intentional actions to violate or overload the communication channels of the Parties, the performance of their server infrastructure, unauthorized access to managing software systems and access to confidential information (hacks, DDOS attacks, distribution of malicious software code, disabling hardware and software means, etc.).
8.6. The fact of the occurrence of the above circumstances is confirmed by the conclusion of the relevant authorized organizations-regulators of the global Internet or its segments, as well as the operators of the relevant systems and addressing servers, communication channels, data exchange centers, computer centers or expert organizations dealing with the functioning of the Internet and network security, or an act of an authorized public authority.
8.7. A Party may not refer to force majeure circumstances as grounds for exemption from liability if these circumstances occurred after the deadline for the fulfillment of the relevant obligations under this Agreement (at the time of the delay in the performance of the Party of its obligations).
9. TECHNICAL AND INFORMATION SUPPORT
9.1.The Contractor provides free technical and informational support by e-mail specified in the Ezzy service. The user can send his request through the form in the Ezzy service, by e-mail to the address specified in 8.2 clause of actual agreement. The Contractor will make every effort to provide a qualified and effective response to each User request.
9.2.Technical support E-mail address: firstname.lastname@example.org
10. OTHER CONDITIONS
10.1. The invalidity of one of the clauses of the Agreement does not entail the invalidity of the entire Agreement. If any clause of the Agreement becomes invalid or unlawful for any reason, the Parties shall exclude such clause from this Agreement without changing the essence and subject matter of the Agreement.
10.2. From the moment of the conclusion of this Agreement, all the preceding negotiations and correspondence on issues related to this Agreement shall expire.
10.3. The Contractor grants the User a full, worldwide and non-exclusive license to use the Ezzy system without the right to transfer the rights to such use to third parties.
10.4. The Parties agree to use e-mail to coordinate the process of obligations fulfillment by the Parties under the Treaty and unconditionally recognize the legal force of texts of documents received through e-mail along with documents executed in simple written form on paper. Any documents that were sent under this Agreement using e-mail have full legal force and can be used as written evidence in court only if these documents are sent and received at the Contractor’s e-mail address email@example.com, and to the e-mail address of the User specified as the Login when registering the Profile. The Contractor shall not be liable if the User specifies an incorrect email address.
10.5. The parties recognize the validity of documents signed using the services of Adobe Sign and Docu Sign and any other services that allow you to sign documents using an electronic signature.
11. TERM OF AGREEMENT
11.1. The Agreement enters into force from the date of its acceptance by the User and is valid for 1 (One) month, after which the Agreement is automatically extended for each subsequent 1 (One) month. The User has the right to terminate the Agreement and refuse to use the Services in accordance with clause 4.1.4 of this Agreement. The Contractor has the right to terminate the Agreement in accordance with paragraph 4.5.8 of this Agreement.
12. DISPUTE RESOLUTION
12.1. The parties have established a mandatory pre-trial dispute settlement procedure. All disputes arising from the Agreement or in connection with it, not resolved by the Parties through negotiations, shall be settled in in the competent court at the location of the Contractor. The language of the proceedings is English; the place of proceedings is the country of registration of the Contractor.
12.2. The contract and any disputes or claims arising from or related to the contract, its subject matter or conclusion (including non-contractual disputes and claims) are governed by and construed in accordance with laws of the country of registration of the Contractor.
This Agreement has been updated on May 15, 2020.
12. DETAILS OF THE CONTRACTOR
MEDIACUBE WORLDWIDE LTD.
Tseriou, 136, 2nd floor
Strovolos, 2045, Nicosia, Cyprus,