1. General Provisions
1.1. “Overvis” LLC (hereinafter – Overvis) offers to Internet user (hereinafter – User) to use its services under the conditions, set forth in the present User Agreement (hereinafter – Agreement). The agreement comes into effect from the date of User agreement with its provisions, as set forth in s.1.4 of the Agreement.
1.2. Overvis offers to the Users the access to the wide range of services, connected with remote control and data exchange with end (peripheral) equipment, with Internet access through the User’s router, operations performance. Data exchange protocol format is TCP/IP. All currently existing services as well as any their development and/or addition of new ones is covered by the present Agreement.
1.3. Overvis services use is governed by the present Agreement. The Agreement may be amended by Overvis without any prior notice, new Agreement revision comes into effect from the date of its online publishing at the address, specified in the present paragraph, unless otherwise provided by the new Agreement revision.
1.4. Passing the registration procedure, the User is considered to accept Agreement terms completely, without any reservations and exceptions. If the User disagrees with any of Agreement provisions, the User is not authorized to use Overvis services. If Overvis has amended the Agreement in accordance with section 1.3 of the present Agreement, and the User disagrees to accept the amendments, the User is obliged to stop using Overvis services.
2. User Registration. User Account
2.1. In order to use Overvis services, the User has to complete the registration procedure, which results the vanity name creation for the User.
2.2. In order to register, the User is obliged to provide personal accurate and complete information according to the questions, offered in the registration form, and to keep this information up to date. If the User provides incorrect information or it is reasonable for Overvis to suppose that information, provided by the User is incomplete or unreliable, Overvis has a right at its own discretion to block or delete User’s account and to refuse the User to use its services.
2.3. Overvis reserves the right at any time to require the User to confirm the information, specified during the registration, and in this regard to request justification documents (in particular – identification documents); if the User does not provide the documents, Overvis can assume the information to be equivalent to incorrect, this may result in consequences, provided in s. 2.2 of the present Agreement. If User’s data, specified in the provided documents, does not comply with data, specified during registration, as well as in case when data, specified during the registration, does not allow to identify the User, Overvis has a right to refuse the User to get access to the account and to use Overvis services.
2.4. When registering, the User chooses himself his login (User’s account unique symbolic name) and his account password. Overvis has a right to inhibit certain logins use as well as to set login and password requirements (length, allowed symbols etc.).
2.5. The User is solely responsible for his account login and password safety (guessing tolerance). He also solely provides their confidentiality. The User is solely responsible for all operations (as well as their consequences) within or using Overvis services under User’s account, including when the User voluntary transfers his account access data to the third part at any terms (including contracts or agreements). Herewith all operations within or using Overvis services under User’s account, are considered as performed by the User himself, except for the cases when the User has notified Overvis of unauthorized access to Overvis services using User’s account and/or any violation (suspected violation) of his means to access the account (password or two-factor authentication means) confidentiality, in the way specified in s.2.6.
2.6. The User is obliged to notify Overvis of any case unapproved (unauthorized by the User) access to Overvis services using the User’s account and/or of any violation (suspected violation) of his means to access the account (password or two-factor authentication means) confidentiality. Overvis is not liable for possible data loss or corruption as well as other consequences of any type that may be resulted from the violation of this part of the Agreement provisions by the User.
3.1. The User is solely responsible ahead the third parties for his actions, connected with Service use, including actions leading to the third parties rights violation and legitimate interests as well as for the compliance with the legislation when using the Service.
3.2. When using Overvis services the User shall not:
3.2.1. represent falsely himself to be another person or company and/or community representative without sufficient rights, including representing falsely himself to be Overvis worker, site owner, as well as to apply any other forms and methods to represent others in Internet, and also to misinform the users or Overvis about any subjects or objects features and characteristics;
3.2.2. upload, send, pass or in any other way to post and/or to publish content without rights to do so according to the legislation or any contractual relations;
3.2.3. upload, send, pass or in any other way to post and/or to publish materials, containing viruses or other computer codes, files or programs designed for any computer or telecommunication equipment functionality failure, destruction or limitation, and programs for unauthorized access;
3.2.4. illegally collect and store personal data of others;
3.2.5. deface web-site and Overvis services;
3.2.6. promote actions, aimed to violate the restrictions and bans, specified in the Agreement;
3.2.7. in any other way infringe statutory regulations, including rules of International Law.
4. Exclusive Rights for Services and Content Overview
4.1. All overvis.com site content is the property of Overvis, except for the trademarks rights and third parties marks, posted on the site. All trademarks, marks, copyrights and intellectual property rights regarding information, posted on the site (as well as site operating procedure and structure), site program code are the property of Overvis and are reserved by the Law of Ukraine “About Copyright and Related Rights”.
4.2. The content as well as any other service items can be used only within functionality limits, offered by the given service. Any Overvis services content items as well as any content, posted on Overvis services can not be used otherwise without copyright owner prior permission. Among other, usage includes: reproduction, coping, processing, any distribution, displaying in frame etc.
4.3. The published on the site information use in the electronic and printed sources is prohibited without Overvis prior written permission.
4.4. The User is allowed to use service content items as well as other content for the personal uncommercial use under the condition of all copyright, related rights marks, trademarks another authorship notifications preservation, author name (or pseudonym) /copyright owner name unchanged preservation, concerned object unchanged preservation. The exceptions are expressly provided by the legislation of Ukraine.
5. Third Parties Sites, Links and Content
5.1. Overvis service may contain links to other Internet sites (third parties sites). Specified third parties and their content is not checked by Overvis for some or other requirements (accuracy, completeness, validity etc.) compliance. Overvis shall not be liable for any posted on the third parties sites information and materials, the User receives the access to along with services usage, including any opinions or statements, expressed o the third parties sites, advertisements etc., as well as for the mentioned sites or content accessibility and the consequences of their use for the User.
5.2. (Any) other site, product, service, any commercial or uncommercial link, posted on the Site, Overvis approval or recommendation of these products (services, actions), except for the case when it is explicitly specified on Overvis resources.
5.3. The links to Overvis service can be posted if the following conditions are met:
5.3.1. the User notifies Overvis is written form of each link;
5.3.2. the User creates the link only to our site home page;
5.3.3. the link cannot contain information that Overvis donating and/or supporting your site;
5.3.4. the User will immediately delete any links to Overvis upon the first demand of Overvis.
5.4. The presence of Overvis site link does not authorize the site, where it is posted, the use of Overvis and/or third parties information materials, names, logotypes, graphics or trademarks, except for the cases, specified in the certain written agreements, signed by the corresponding copyright holder or authorized representative.
6. Use of Personal Data
6.1. When visiting the site, the users automatically unconditionally and irrevocably agree for their personal data collection, processing and any use for any period to ensure the implementation of the civil, business and administrative legal relation (including state administration relations), tax relations and relations connected with accounting and audit, training relations, according to the statistical and management reporting legislative requirements and to other accounting relevant information etc.
6.2. The volume of the data to be processed and included into site users personal details database is defined as any site users information appeared during site using and site usage Rules execution process.
6.3. When using the site, the users confirm that they are notified of their personal data inclusion into personal details database, purpose of data acquisition and their personal data transferees as well as of the rules, set in the art. 8 of “About Personal Data Protection” Law of Ukraine.
7. Warranty Nonavailability, Limitation of Liability
7.1. The User uses Overvis services on his own risk. Overvis does not assume any responsibility, including services compliance with the User’s purposes.
7.2. Overvis makes every effort to ensure reliability, comfort and accuracy in data communication from the User to the User’s equipment and conversely.
7.3. Overvis is not responsible for the site equipment failure and malfunctions and site software as well as User’s equipment and provides no guarantees of malware (harmful) software absence and is not liable for this.
7.4. Overvis disclaims responsibility for the all site algorithms operation accuracy, correctness and completeness and is not responsible for the software and site algorithms errors or emissions User’s information loss, User’s equipment damage.
7.5. Overvis is not responsible for any errors, including printed and deficiencies that can be discovered in the present site content.
7.6. Overvis makes any effort to support site operating condition, however because of impediments and breakdowns caused by the electronic communication, as well as because of other problems, arising during information transfer process, Overvis is not liable for the site proper and uninterrupted functioning.
7.7. Overvis does not guarantee that: services comply and will comply with User’s requirements; services will be uninterrupted, fast, reliable and correct; the result, received through services use, will be accurate and reliable ad can be used for any purpose or in any form (for example, for any facts establishment and/or confirmation); quality of any product, service, information etc., received through the site use, will comply with the User’s expectations.
7.8. The User is allowed to use any information and/or materials (including loaded from PC, letter, any instructions and manuals etc.), he accesses using Overvis services, at his own risk and is solely responsible for the potential consequences of the mentioned information and/or materials use, including possible damage for the User’s computer or the third parties, for the data loss or any other damage.
7.9. Overvis is not responsible for any types of damages, caused by Overvis services use or services separate parts/functions.
8. Other Provisions
8.1. The present Agreement constitutes the contract between the User and Overvis, regarding services operating procedures and substitutes all previous agreements between the User and Overvis.
8.2. The present Agreement is governed and construed according to the legislation of Ukraine. Issues, not covered by the present Agreement, shall be solved according to the legislation of Ukraine. All possible disputes, arising from the relations, governed by the present Agreement, shall be solved under the current statutory procedure of Ukraine. The term “legislation” in thi Agreement text, unless otherwise is specified, shall be considered both as legislation of Ukraine and User residence legislation.
8.3. Considering that services, provided within the present Agreement, consumers rights protection regulations, as required by the law of Ukraine, can not be applied to the relations between the User and Overvis.
8.4. Nothing in the Agreement can be considered as establishment of agency, partnership, co-operation, employment relations or any other relations, not provided expressly by the Agreement.
8.5. If for whatever reason, one or more provisions of the present Agreement will be declared invalid or illegally operative, no effect is done for the other Agreement provisions validity and applicability.
8.6. Overvis inaction in case of User or other users violet the present Agreement provisions, does not divest Overvis right to take appropriate actions to protect its rights later as well as it does not mean that Overvis disclaims its rights in the similar violation cases in the future.
8.7. The present Agreement is composed in Russian and in some cases, it may be presented for the User’s review in other language. In case of disagreement between the Agreement Russian version and other language version, the provisions of the present Agreement Russian version shall be applied.