Terms of Use

Please review these terms and conditions of use carefully before using our websites and services.

This document states the terms and conditions (“Terms”) upon which WebStart.page, a Ukraine company (“we” or “us”) will provide service to you on its websites and services (collectively, the “Service”). These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, and/or joining (collectively “using”) the Service, you express your understanding and acceptance of these Terms. As used in this document, the terms “you” or “your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by these Terms, navigate away from the Service, uninstall the Service, and cease using it.

  1. Eligibility

    1. You must be at least eighteen (18) years of age to use the Service, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction. Use of the Service is not permitted where prohibited by law.
    2. The consideration for your acceptance of these Terms is that we are providing you the Grant of Use to use the Service pursuant to Section 2 hereof. You acknowledge and agree that this consideration is adequate and that you have received the consideration.

  2. Grant of Use

    1. We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Service, including all content available therein (the “Content”) (subject to the restrictions of the Service) on your computer or other device consistent with these Terms. You may only access and use the Service for your personal and noncommercial use.
    2. This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but shall not be obligated to: (i) delete or deactivate your account, and/or (ii) block your e-mail and/or IP addresses or otherwise terminate your use of and ability to use the Service. You agree not to use or attempt to use the Service after said termination. Upon termination, the grant of your right to use the Service shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.

  3. Intellectual Property

    1. The Content on the Service, excluding Third Party Content (defined below), but including other text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein (collectively “Proprietary Materials”), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.
    2. Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.

  4. Content on the Service

    1. You understand and acknowledge that, when using the Service, you will be exposed to content from a variety of sources including content made available on or through the Service by other users, services, parties and through automated or other means (collectively, “Third Party Content”) and that we do not control and are not responsible for any Third Party Content. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or otherwise objectionable or may cause harm to your computer systems and, without limiting the other limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
    2. We claim no ownership or control over Third Party Content. Third parties retain all rights to Third Party Content and they are responsible for protecting their rights as appropriate.
    3. You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Service for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove any such content (including Third Party Content), and assume no responsibility for the conduct of others submitting any such content (including Third Party Content).
    4. Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content (including Third Party Content) on the Service is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.
    5. You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice.

  5. User Conduct

    1. You represent and warrant that that you have all necessary rights, power, authority, information and intention to (i) agree to these Terms and (ii) perform the acts required of you under these Terms.
    2. You hereby expressly authorize us to monitor, record, and log any of your activities on the Service.
    3. As a condition of your use of the Service:
      1. You agree not to use the Service for any unlawful purpose or in any way that is prohibited by these Terms.
      2. You agree to abide by all applicable local, state, national, and international laws and regulations.
      3. You agree not to use the Service in any way that exposes us to criminal or civil liability.
      4. You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Service.
      5. You agree not to use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or Content from the Service.
      6. You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
      7. You agree not to “stalk” or otherwise harass anyone on or through the Service.
      8. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit.
      9. You agree not to disable, circumvent, or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any content or which enforce limitations on the use of the Service or the content therein.
      10. You agree not to post, link to, or otherwise make available on the Service any material that contains software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment.
      11. You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available the Service or any Content to any third party.
      12. You agree not to “frame” or “mirror” the Service.
      13. You agree not to reverse engineer any portion of the Service.
      14. You agree not to forge headers or otherwise manipulate identifiers in order to disguise your origin.
    4. We reserve the right to take appropriate action against any user for any unauthorized use of the Service, including civil, criminal, and injunctive redress and the termination of any user’s use of the Service. Any use of the Service and our computer systems not authorized by these Terms is a violation of these Terms and certain international, foreign, and domestic criminal and civil laws.
    5. In addition to termination of the grant of use of the Service, any violation of this Agreement, including the provisions of this Section 5, shall subject you to liquidated damages of ten thousand dollars ($10,000) for each violation. In the event that your violation results in legal action (whether against you or against us by any party) or physical or emotional harm to any party, you shall be subject to liquidated damages of One Hundred and Fifty Thousand Dollars ($150,000) for each violation. We may, in our discretion, assign any such damage claim or portion thereof to a third party that has been wronged by your conduct. These liquidated damages provisions are not a penalty, but instead an attempt by the Parties to reasonably ascertain the amount of actual damage that could occur from such a violation. You acknowledge and agree that the amount of these liquidated damages is a minimum and that if actual damages are greater you shall be liable for the greater amount. If a court of competent jurisdiction finds that these liquidated damages are unenforceable to any extent, then the liquidated damages shall be lowered only by the extent necessary for them to be enforceable.

  6. The Service

    1. You acknowledge that the Service is a general-purpose search tool and portal. Specifically, but without limitation, the Service allows you to perform Internet searches through one or more third-party search engine providers. The Service may only be used in accordance with law. We do not encourage, condone, induce or allow any use of the Service that may be in violation of any law.
    2. In the event that you have used the Service through, or because of, a third-party application or service, your use of the third-party application or service shall constitute your acknowledgement and acceptance of the use of the Service.

  7. Privacy Policy

    1. We retain a separate Privacy Policy and your assent to these Terms also signifies that you have read, understand, and consent to your information being used in accordance with the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such amendments to the Service. No other notification may be made to you about any amendments. Your continued use of the Service following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them.

  8. Copyright Claims

    1. We respect the intellectual property rights of others. You may not infringe the copyright, trademark or other proprietary informational rights of any party. We may in our sole discretion remove any Content we have reason to believe violates any of the intellectual property rights of others and may terminate your use of the Service if you submit any such Content.
    2. Although we are not subject to United States law, we voluntarily comply with the Digital Millennium Copyright Act. Pursuant to Title 17, Section 512(c)(2) of the United States Code, if you believe that any of your copyrighted material is being infringed on or through the Service, we have designated an agent to receive notifications of claimed copyright infringement. Notifications should be e-mailed to [email protected].
    3. All notifications not relevant to us or ineffective under the law will receive no response or action thereupon. An effective notification of claimed infringement must be a written communication to our agent that includes substantially the following:
      1. Identification of the copyrighted work that is believed to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., a URL) of an authorized version of the work;
      2. Identification of the material that is believed to be infringing and its location or, for search results, identification of the reference or link to material or activity claimed to be infringing. Please describe the material and provide a URL or any other pertinent information that will allow us to locate the material on the Service or on the Internet;
      3. Information that will allow us to contact you, including your address, telephone number and, if available, your e-mail address;
      4. A statement that you have a good faith belief that the use of the material complained of is not authorized by you, your agent or the law;
      5. A statement that the information in the notification is accurate and that under penalty of perjury that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly infringed; and
      6. A physical or electronic signature from the copyright holder or an authorized representative.

  9. Modification of These Terms

    1. We reserve the right to amend these Terms at any time by posting such amended Terms to the Service. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE SERVICE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.

  10. Indemnification and Release

    1. You hereby agree to indemnify us and hold us harmless from any and all damages and third-party claims and expenses, including attorney’s fees, arising from your use of the Service and/or from your breach of these Terms.
    2. In the event that you have a dispute with one of more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service. Without limiting the generality of the foregoing, you acknowledge that we are not responsible in the event that you are redirected to the Service as a result of any third-party’s actions and omissions and you release us from any and all claims arising from the third-party’s actions and omissions.

  11. Disclaimer of Warranties and Limitations of Liabilities

    1. READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW (BUT NO FURTHER).
    2. The Service may contain links to third-party websites or services which are independent of us. We assume no responsibility for the content, privacy policies, or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third party websites or services. We have no right or ability to edit the content of any third party websites or services. You acknowledge that we shall not be liable for any and all liability arising from your use of any third party websites or services.
    3. The Service is provided “AS-IS” and without any warranty or condition, express, implied, or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability, or quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the Service.
    4. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE THE SERVICE, (ii) YOUR RELIANCE ON ANY CONTENT ON THE SERVICE, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE SERVICE OR (iv) THE TERMINATION OF THE SERVICE BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE SERVICE.
    5. WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.
    6. ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
    7. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE EXCEED $100.

  12. Disputes

    1. To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the Ukraine without regard to conflict of law provisions. FOR ANY CLAIMS BETWEEN THE PARTIES, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN UKRAINE. You hereby waive any right to seek another venue because of improper or inconvenient forum.
    2. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
    3. You hereby agree that as part of the consideration for these terms, you are hereby waiving any right you may have to a trial by jury for any dispute between the us arising from or relating to these terms or the Service. This provision shall be enforceable even in the case that any other provisions of this section are waived.
    4. In any dispute, if we are the prevailing party, we shall be entitled to recover from you, in addition to any other relief awarded, the actual costs, expenses and attorneys' fees (including all related costs and expenses), incurred by us in connection with such action or proceeding and in connection with obtaining and enforcing any judgment or order thereby obtained.

  13. General Terms

    1. These Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.
    2. Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
    3. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
    4. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
    5. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
    6. You agree that we may provide you with notices postings to the Service.
    7. The section titles in these Terms are for convenience only and have no legal or contractual effect.
    8. As used in these Terms, the term “including” is illustrative and not limitative.
    9. If these Terms or any other documents between you and us are translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.
    10. You acknowledge and understand that we are a provider of an interactive computer service. We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. You may access such parental control protections by searching the internet for “internet filter” or “parental control.” However, note that we do not take responsibility for any parental control protection you may find or use and that you are solely responsible for your use of the same.
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