1.1. This Agreement shall enter into force as of the moment you first access the Site or commence use of any of the Services. By accessing, browsing or using the Site and/or any of the Services you irrevocably and unconditionally accept and adhere to these Terms and confirm that you agree to be bound by this Agreement without any exemptions, limitations and exclusions, and any and all provisions of this Agreement shall be enforceable to the fullest extent against you. If you access the Site or use any of the Services on behalf of a business (whether registered or operating without registration), that business hereby accepts the terms of this Agreement. It will hold harmless and indemnify Moulinella, their officers, agents, employees and Partners from any claim, suit or action arising from or related to the use of the Site and Services or violation of the Agreement, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
1.2. In the event you disagree with any provision hereof and would not like to be bound by this Agreement you shall cease use of the Site or the Services immediately.
2.1. The Services provided by Moulinella under this Agreement shall exclusively include products, utilities and offerings provided at the Site or any of its subdomains are provided by Moulinella or Moulinella’s affiliate, as the case may be, and are subject to separate terms of service and policies.
2.2. In certain instances specific Services may be subjected to regulation of additional policies, terms or requirements (hereinafter — “Additional Policies”). In case of any discrepancies between Additional Policies and these Terms, Additional Policies shall prevail.
2.3. Moulinella may at its own discretion develop additional products, utilities and offerings or functionality of the Site or discontinue maintaining the Site and/or provision of any of the Services. In the event Moulinella adds new products, utilities and offerings or makes additional functionality available through the Site this Agreement and, as the case may be, Additional Policies shall be fully applicable to such new products, utilities and offerings or additional functionality of the Site, unless otherwise provided by relevant Additional Policy.
2.4. You confirm and acknowledge that you are of sufficient age to access this Site and use the Services in accordance with the laws of your country of residence or any other applicable legal requirements.
3.1. You undertake to comply and adhere to provisions of this Agreement, Additional Policies, as well as any national and local laws and regulations applicable to your use of the Site and the Services.
3.2. You undertake to use the Site and/or the Services in a manner consistent with their purpose and functionality within the user interface provided by Moulinella. You shall not misuse the Site and/or the Services to cause any harm, damage, losses or interference for users, any third parties, Moulinella and their affiliates, partners, customers, suppliers and advertisers (hereinafter jointly — “Partners”), as well as operation of the Site and/or provision of the Services. In particular, under no circumstance you shall use the Site or the Services to:
3.2.1. upload, download, post, transfer, send, transmit, distribute, email, link to or make available in any other way (hereinafter — “Make Available”) any images, photos, text, video, data, software, audio, sound, music, databases, links or other information (hereinafter — “Content”) that is illegal, harmful, slanderous, unethical, defamatory, harassing, threatening or infringing upon intellectual property rights, rights of privacy or publicity of third parties, Moulinella and/or Partners, incites hatred, bigotry, racial, ethnic, sexual, religious or social discrimination or is insulting to any persons, groups and/or entities;
3.2.2. attempt to access the Site or the Services in a way other than through interface and instructions provided by Moulinella;
3.2.3. impersonate any person, representative of a legal entity and/or any organization without authorization, including employees of Moulinella, and/or Partners, forum moderators, website owners and misrepresent the source of any information;
3.2.4. harm or exploit minors in any way or collect their personal information;
3.2.5. Make Available unsolicited advertising information, spam, junk mail, pyramid schemes, multilevel marketing (MLM), Internet earning systems and email businesses, chain letters, as well as use the Site or the Services for participation in any of the above;
3.2.6. Make Available any materials containing viruses, Trojan horses, worms, bots or other code, files or programs designed to interfere, hinder or impair the operation of any computer, telecommunication equipment or software;
3.2.7. Make Available any Content which is false, misleading and/or promoting illegal activities;
3.2.8. collect and store personal data, private and personally identifiable information without express consent and authorization of the holder;
3.2.9. Make Available Content in violation of any other provisions hereof or applicable laws and regulations; and
3.2.10. assist to any person to perform any of actions referenced to in Sub-clauses 3.2.1-3.2.9.
4.1. You may be provided with an account by for the purpose of improving your experience at the Site and use of the Services, as well as obtain access to specific additional other products, utilities and offerings provided by Moulinella.
4.2. In order to obtain a user account you are required to complete the registration process. You hereby represent and warrant that any and all information submitted to in the course of the registration is accurate and true. You undertake to keep your registration information up to date.
4.3. Upon completion of the registration process you will obtain a password and designation of an account. You are responsible for keeping your password in secrecy and you acknowledge and agree that you are responsible for any actions performed under your account, unless you immediately informed of any unauthorized use of your password and/or account. You shall log off each time at the end of the session and Moulinella and/or Partners shall bear no liability for any harm, loss or damage resulting from your failure to comply with requirements of this Clause 4.3.
4.4. You acknowledge and agree that shall be entitled to terminate or suspend your account at its sole discretion without any notice to you in the event of your breach of this Agreement, Additional Policies or without any reason. You understand that termination of your account may lead to blocking, deletion and limitation of your access to Content, information and files uploaded, shared, submitted and made available in association with your account, as well as access to some of the products, utilities and offerings of Moulinella or Partners (as the case may be).
4.5. You hereby acknowledge and agree that the account assigned to you under this Section 4 is provided to y ou by under separate terms of service which shall be separately accepted by you in order to complete the registration process. In the event of any discrepancies between provisions of this Section 4 and any such terms of service of the latter shall prevail.
5.1. You hereby expressly and irrevocably acknowledge and agree that accessing the Site and using the Services does not vest you with any right, title or interest in intellectual property and other rights to Content which is accessible at the Site or through the Services owned or licensed by Moulinella, Partners or any third parties. You undertake not to use, sell, distribute, resell, decompile, disassemble, attempt to discover any source code, reverse engineer, modify, rework, reproduce, display, publicly perform, broadcast, rent, create security interest in, pledge, lien, encumber, license, make derivative works from Content accessible at the Site or through the Services owned or licensed by Moulinella, Partners or any third party. No right of ownership or license, whether express, implied or any other, is granted to you to Content of Moulinella, Partners or any third party, any portion of the Site and/or the Services, except as expressly provided in Clause 5.2 hereof or in Additional Policies.
5.2. In order to use the Site and the Services you are granted personal, non-exclusive, worldwide, limited, non-assignable, non-transferrable, royalty free, revocable license to access, review, reproduce, cache, print, distribute and store Content retrieved from the Site or Services owned by Moulinella or only within the functionality of the interface of the Site or the Services through common consumer web browser, provided that you strictly comply with limitations contained herein. Unless expressly permitted by Moulinella or, no commercial use of Content, the Site or the Services is allowed.
5.3. You hereby acknowledge and agree that, to the extent permitted by the applicable law, Moulinella, Partners and any of their users are granted with non-exclusive, non-transferrable, irrevocable, royalty-free, worldwide license to use Content and information submitted by you to the Site or through the Services for the purposes of operation of the Site, the Services or other products, utilities and offerings of Moulinella, or Partners, provided that you are the person vesting in intellectual property rights to such Content and information.
6.1. The Site and the Services may contain links to websites and Content of third parties which is publicly available on the internet. As Moulinella does not exercise control over any of the third parties’ websites and resources, you hereby acknowledge and agree that Moulinella is not responsible for accessibility, safety, accuracy, availability, legality or completeness of information, Content, advertising, commercial offers, products, services and materials on the third party websites and resources. Moulinella does not monitor, endorse, review, consider or verify the information and/or Content specified in this Clause 6.1 and is not responsible for any harm, losses and damages, direct or indirect, arising out of your use, accessing, reliance on, purchase, downloading or dealing with any such third party websites and resources.
6.2. It is the policy of Moulinella to respond to notices of alleged copyright infringement sent in compliance with applicable legal requirements. For Moulinella products and services which have account holders, Moulinella may, a t its sole discretion and in appropriate circumstances, terminate the accounts of repeat infringers.
If you would like to submit a notice of an alleged copyright infringement, please email to firstname.lastname@example.org.
If you believe that a notice of an alleged copyright infringement identifying your Content was filed in error, please submit a counter-notice to email@example.com.
If you are sending a notice of alleged copyright infringement using other means of communication (such as email, fax or postal mail), please provide the information. In particular, you are required to provide at least the following information:(1) Your first name and last name; (2) Your address (including the country of residence / location) and telephone number; (3) Your email address (if available); (4) Name, address and contact details of the copyright holder you represent or indication that you act in your own name; (5) Type, identification and description of the copyrighted work claimed to have been infringed; (6) Precise location (URL) of the authorized copy of the work (for example, if the authorized copy is available on the copyright holder’s website) or specify that the work is not available online; (7) Identification of the material that is claimed to be infringing and nature of the infringement; (8) Precise location (URL) of the material that is claimed to be infringing; (9) The following statements: a. “By submitting the notice and signing with my signature, I confirm that I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and b. “I confirm that the information in this notification is accurate, and under penalty of perjury, that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; (10) Your signature and date of the notice. Please note that submission of false claims or provision of false information may lead to legal liability.
8.1. You hereby acknowledge and agree that, although Moulinella employs commercially reasonable efforts to provide the best possible user experience, Content, the Site and the Services are provided to you on “as is”, “as available” and “with all faults” basis and you use Content, the Site and the Services exclusively at your own risk without any express or implied representations and/or warranties of any kind by Moulinella, and/or Partners including, but not limited to, as follows: (i) warranties of suitability for particular purpose, non-infringement, title and merchantability; (ii) representations and warranties that Content, the Site or the Services will meet your requirements and are error-free, accurate, ensure uninterrupted service, secure, reliable, useful, available, meeting certain quality standards or your needs or that any errors occurring in Content, on the Site or in the Services will be corrected.
8.2. You hereby acknowledge and agree that Content, the Site and the Services are provided for information purposes only and Moulinella does not accept any liability related to your reliance on or consequences of your f ollowing any information, including professional advice, whether legal, financial, medical or otherwise. Any Content or other material obtained from the Site or through the Services is used exclusively at your discretion and risk and you shall be solely responsible for any loss, damages or harm to computer systems, hardware or data that result from use of such Content or other material.
8.3. You hereby acknowledge and agree that liability of Moulinella, and Partners hereunder is limited and, to the extent permitted by applicable law, Moulinella, Partners and their distributors, officers, employees, agents, partners and licensors shall bear no liability for direct, indirect, incidental, special, consequential exemplary or punitive damages, any loss of profit, revenues or data, loss of goodwill, cost of substitute services, based on any theory of liability, resulting from: (i) your use of the Site or the Services; (ii) reliance on Content or any information available at the Site or through the Services; (iii) actions undertaken under your account, including, but not limited to, in the event of unauthorized access to your account, data or Content; (iv) any other matter associated with Content, the Site or the Services. In all cases Moulinella, and Partners are not liable for any loss or damage that is not reasonably foreseeable.
8.4. In the event law of specific jurisdiction applicable to limitation or exclusion of liability of Moulinella, and Partners and their distributors, officers, employees, agents, partners and licensors under this Section 8 does not permit certain types of exclusion of warranties or liability, to the extent permitted by applicable law, total liability of Moulinella, Partners and their distributors, officers, employees, agents, partners and licensors under any grounds shall be limited to the amounts paid by you for Content, access to the Site or use of the Services or, at the discretion of Moulinella, Russian and/or Partners, your exclusive remedy shall be provision of the Services to you again.
9.1. You hereby acknowledge and agree that Moulinella shall be entitled to add, alter, modify, as well as suspend, stop, discontinue, cease maintenance, updating and correction of errors with respect to any functionality of the Site and/or the Services, including, but not limited to, to terminate the Site or any of the Services without any notice to you.
9.2. You hereby acknowledge and agree that Moulinella at its own discretion shall be entitled to impose limitations and restrictions on your use of the Site and/or the Services. The limitations and restrictions may be established for certain categories of users, including, but not limited to, depending on location, language, age, availability of rights to Content, legal requirements or other reasons, and may include unavailability of specific functionality of or the overall access to Content, the Site and/or the Service, limitations for storage of Content under your account and otherwise.
9.3. You hereby acknowledge and agree that in addition to rights of under Clause 4.4 hereof, Moulinella shall be entitled to suspend and terminate your access to the Site or the Services at its sole discretion without any notice to you.
10.1. This Agreement, including Additional Policies, as the case may be, constitutes the entire agreement between you and Moulinella and supersedes any prior versions of the Agreement, Terms, as well as arrangements, c orrespondence, membership conditions and any other similar terms and conditions. This Agreement is applicable exclusively to relations between you and Moulinella and does not create any third-party beneficiary rights.
10.2. Moulinella shall be entitled to modify and amend this Agreement, Terms and any of the Additional Policies at its sole discretion without any prior notice to you. These modifications and amendments may be due to the changes on the Site, in the Services or in order to ensure compliance with legal requirements or for any other reasons. The modifications and amendments will become effective as of the moment they are available on this page, unless otherwise expressly specified therein.
10.3. The failure of Moulinella to exercise or enforce any of its rights hereunder shall not be considered as waiver of such rights. In the event any provision of the Agreement is found to be invalid or unenforceable by the competent court or state body, the parties hereto acknowledge and agree that other provisions of the Agreement r emain in full force and effect. The parties undertake to make every effort necessary to replace such invalid and unenforceable provision with the valid and enforceable provision that reflects intentions of the Parties to the maximum extent possible.
10.4. Moulinella shall be entitled to assign, transfer, pledge or otherwise alienate its rights hereunder, in whole or in part, at any time at Moulinella’s own discretion without any notice to you. You hereby acknowledge and agree that you are not entitled to transfer any rights or obligations hereunder, including, but not limited to, any rights associated with your account related to Content, the Site or the Services.
10.5. You and Moulinella hereby acknowledge and agree that this Agreement shall be construed and governed in accordance with substantial laws of Russian, without giving regard to its conflict of laws rules. Any claim, controversy or dispute arising out of or in relation of this Agreement or Additional Policies shall be exclusively referred for resolution to the state courts of Russia. To the extent permitted by applicable law, you hereby expressly and irrevocably agree to submit to the jurisdiction of the state courts of Russia with respect to any claim, controversy or dispute arising out or in relation of this Agreement.
11.1. Cross-stitch and other materials posted on the website of the Service (hereinafter referred to as the "Content") are intellectual property items of their rightholders and are protected by laws.
11.2. The Service makes it functionally possible for the authorized User to place patterns and other materials on the Service (hereinafter referred to as the "User Content") both for own use (viewing, editing, printing) and enabling other Users of the Service to use (view, edit, print) them, and makes it functionally possible to edit and delete any User Content posted. The User is solely liable to third parties for actions performed to post and distribute the User Content on the Service. By posting the User Content on the Service, the User confirms and warrants that the User Content meets current legislative requirements and complies with the the Regulatory Documents mentioned in cl. 1.2 of these Terms, and that the User Content does not violate third-party rights and legitimate interests. The User understands and agrees that the User Content shall not violate third-party copyright and/or other intellectual property rights. The User undertakes to settle all third-party claims arising from posting (editing) the User Content independently and at own expense.
11.3. The User acknowledges and agrees that Moulinella has no obligation to review and somehow check the User Content posted on the Service by the User, inter alia, to make sure it complies with applicable laws, including laws on the copyright and related rights.
11.4. The User acknowledges and agrees that Moulinella is entitled, but not obliged, to refuse to post and/or distribute the User Content, or delete any User Content the User placed on the Service.
11.5. By posting the User Content on the Service, the User automatically, unconditionally and irrevocably grants to Moulinella at no cost, the non-exclusive right to use the User Content worldwide while the User Content is placed on the Service, including, but not limited to, reproduce, copy, select, arrange, convert, change, edit, translate, publish, make publicly available, and distribute the User Content, in part or in whole, by any legal means. Besides, by placing the User Content on the Service, the User confirms having respective authority and powers to grant the said rights to the placed User Content to Moulinella. The User agrees that Moulinella may use the User Content posted on the Service by the User in other Moulinella's services, software applications, and in advertising or marketing materials posted on Moulinella's online resources to draw attention of other users to the Service or other Moulinella's resources and services. Moulinella may use the respective User Content with or without the name of the author of such User Content specified (if this occurs, the login of the User that posted the User Content may be used as the author's name). Moulinella may transfer the rights specified in this clause to third parties. If the User may not license any User Content to Moulinella in either way, the User shall refrain from posting such User Content on the Service.
11.6. The rights to all components of design of the Service as a whole and to its parts and to the database aggregating the Content posted on the Service (hereinafter referred to as the "Database") are vested in Moulinella.
11.7. All the Content are for personal non-commercial use only to the extent the Service can technically provide. It is prohibited to copy, reproduce, process, distribute, make publicly available, or otherwise use the Content or the Database beyond the capacity of the Service, and to use the same for any commercial purposes.
11.8. Moulinella reserves the right to regulate, limit, and restrict (technically, legally, organizationally, etc.) the use of the Service as a whole or any Content and can change such regulations, limits, and restrictions as it thinks fit, with no prior notice given to the User. The said regulations, limits, and restrictions can be different for different categories of Users.
11.10. Any and all questions, requests and claims related to the use/unavailability of the Service and possible infringements of laws and/or third-party rights as well as to inform of alleged infringements of the copyright and/or related rights, rightholders shall be forwarded via email firstname.lastname@example.org.