Website Usage Rules

USER AGREEMENT

Updated: July 2, 2024

 

Graintrack, as a program, its domain (http://www.graintrack.com), its subdomains, as well as domains affiliated with the program (hereinafter referred to as the “Site”) – an information resource aimed at providing grain company employees with the ability to maintain management accounting.

 

The Site Administration offers to use the Site’s services under the conditions specified in these Site Usage Rules.

 

Basic Provisions, Terms, and Definitions

1.1. Definition of terms:

1.1.1. Program – compiled source code of the Graintrack program, which is protected by copyright and placed on the Internet with limited access.

1.1.2. Licensor – Individual Entrepreneur “FOP Mykhalchuk Dmytro Oleksandrovych”

1.1.3. Licensee – a company that has entered into a License Agreement for the use of the Program.

1.1.4. Site (Service) – a collection of web pages that represent a version of the Program and are subject to the License Agreement between the Licensor and the Licensee.

1.1.5. Site Administration (Administration) – the Licensor or a representative of the Licensor who ensures the operational state of the Site.

1.1.6. Site Administration Website – a collection of web pages located at: http://www.graintrack.com

1.1.7. Site Super Administrator (Super Administrator) – an employee of the Licensee or an affiliated person who has access to the Site, as specified in the License Agreement.

1.1.8. Site Administrator (Administrator) – an employee of the Licensee or an affiliated person who has access to the Site, granted by the Super Administrator.

1.1.9. Employee (User) – an employee of the Licensee or an affiliated person who has access to the Site, granted by the Super Administrator.

1.1.10. Site User (User) – Employee, Administrator, or Super Administrator who has access to the Program.

1.1.11. Login – a combination of Latin letters and numbers used to log into the Site.

1.1.12. Password – a combination of Latin letters and numbers used to log into the Site.

1.1.13. Authorization – the process of entering and confirming the entry of login and password on the Site.

1.1.14. Account – a User’s account through which they interact with the Site’s functionality.

1.2. These Rules are a legally binding agreement between the Site User and the Site Administration, the subject of which is the provision of Site services to the User by the Site Administration, regulating mutual rights and obligations.

1.3. This agreement comes into force from the moment the User starts using the Site’s services or from the moment of authorization as a Site User and is valid for an indefinite period. By authorizing on the site, the User confirms familiarity with the terms of this Agreement and is deemed to have accepted the terms of this Agreement without any reservations or exceptions.

1.4. In case of disagreement with the Rules, the User is not entitled to use the Site and must cease using its services. The same obligation applies to the User in case of changes made by the Administration to this Agreement. The Administration has the right to unilaterally make changes to the Rules by posting the current version of the Rules at: http://www.graintrack.com/rules.

1.5. Notifying Users of changes to the rules is a right, not an obligation, of the Administration. Continued use of the Site by the User after changes and/or additions to these Rules signifies acceptance and agreement of the User with such changes and/or additions.

 

Registration and User Status

2.1. User registration on the Site is voluntary.

2.2. A Site User is an individual registered on the Site in accordance with the procedure established by these Rules.

2.3. Only the Site Super Administrator can register a User or Administrator on the Site.

2.4. The right to be a Super Administrator is limited to one user on the site.

2.5. The Super Administrator may register no more Users and Administrators on the site than is specified in the Supplement to the License Agreement between the Licensor and the Licensee. The Site Administration is not responsible for the site’s functionality if this number is exceeded.

2.6. During User registration on the Site, the Super Administrator must provide the login, site access password, email address, and other information required by the site’s registration form. If the chosen login is already taken, they must select another login for registration. The Administration has the right to set specific requirements for password length, permissible characters, etc.

2.7. The Administration is not responsible for the actions of the Super Administrator related to granting Users access rights on the Site, as well as for the actions of such Users that affect the site’s functionality.

2.8. The User consents to the processing of their personal data by the Administration, provided during registration. The processing of the User’s personal data is carried out in accordance with the legislation of Ukraine. The Site Administration takes all necessary and sufficient measures to protect the User’s personal data from unlawful access, alteration, disclosure, or destruction. The Administration provides access to the User’s personal data only to those employees and agents of the Administration who need this information to ensure the functioning of the Site and providing Services to the User.

 

User Authorization on the Site

3.1. User authorization on the Site signifies the complete and unconditional acceptance by the User of these Rules. The User agrees to these Rules and the Privacy Policy and assumes the rights and obligations specified therein related to the use and functioning of the Site.

3.2. The User is fully responsible for maintaining the confidentiality of their account password and independently bears responsibility for the actions of third parties to whom they have disclosed their account information.

3.3. Any actions performed using their login and password are considered performed by the respective User unless the User has timely notified the Administration of unauthorized access to the Site using the User’s account. The User must securely log out of their account at the end of each session by clicking the “Logout” button. The Administration is not responsible for any loss or corruption of User data caused by unauthorized access by third parties.

3.4. When the User accesses the Site, cookies may be recorded on the computer, which may later be used for automatic User authorization on the Site, saving some settings, and collecting statistical data. The Administration has the right to send informational messages to Users.

3.5. The Administration has the right to restrict the use of certain Site services for all or specific categories of Users, limit the posting of certain information, and any other content.

 

User Rights and Obligations

4.1. The User has the right to post information about themselves on the Site, use other Site services.

4.2. When using the site, the User is obliged to:

4.2.1. comply with the provisions of the current legislation of Ukraine, these Rules;

4.2.2. provide accurate, complete, and current data during registration and keep them updated;

4.2.3. inform the Administration of unauthorized access to the User’s personal page;

4.2.4. not post information and other content (including links to it) that may violate the legal rights and interests of others;

4.2.5. keep in confidence any personal data and information about other Users and third parties obtained without their prior permission.

4.3. The User is personally responsible for the content posted, including compliance with the requirements of current legislation, including liability for infringement of copyright and related rights, defamation, insult, dissemination of other information prohibited or restricted by current criminal or administrative legislation, etc.

 

Administration Rights and Obligations

5.1. The Site Administration manages the Site, determines the composition of the Site services, its structure and appearance, grants and restricts access to the Site.

5.2. The Site Administration reserves the right to change the site’s design, content, list of services, software at any time, with or without prior notice to Users.

5.3. The Site Administration is not responsible for the temporary blocking or deletion of information performed in accordance with these Rules.

5.4. The Site Administration takes actions to protect the rights and interests of individuals and ensures compliance with the requirements of Ukrainian legislation only after a concerned person contacts the Site Administration in the prescribed manner.

5.5. The Site Administration is not responsible for temporary failures and interruptions in the operation of the Site and the resulting loss of information.

5.6. The Administration is not responsible for any damage to the User’s computer or other person’s computer, mobile devices, any other equipment, or software caused or related to downloading materials from the Site or from links posted on the Site.

5.7. The Site Administration has the right to send Users information about the development of the Site and its services, as well as to advertise its own activities and services through (including, but not limited to) personal messages, emails.

5.8. The Site Administration is not responsible for the User’s violation of these Rules.

5.9. Limitation of the Site Administration’s liability:

“The Site and its services, including all scripts, applications, content, and site design, are provided “as is”. Under no circumstances shall the Administration or its representatives be liable to the User or any third parties for any indirect, incidental, unintentional damage, including lost profits or lost data, harm to honor, dignity or business reputation caused in connection with the use of the Site. The Site Administration does not guarantee that the Site services will meet the User’s requirements, will be provided continuously, quickly, reliably, and without errors, and that the quality of any product, service, information, etc., obtained using the services, will meet the User’s expectations. Any information and/or materials (including downloadable software, letters, any instructions, and guidelines for action, etc.) that the User gains access to using the Site’s services, the User can use at their own risk and independently bears responsibility for the possible consequences of using the specified information and/or materials, including for damage that this may cause to the User’s computer or third parties, for loss of data or any other harm. The Administration is not responsible for any losses incurred due to the User’s use of the Site services or individual parts/functions of the services.”

 

Restrictions and Prohibitions for Users

6.1. Users are prohibited from:

6.1.1. collecting personal data of other Users for subsequent processing, including collection, systematization, accumulation, storage, use, distribution;

6.1.2. using any automated or automated means to collect information posted on the Site;

6.1.3. illegally downloading, storing, publishing, distributing, and providing access to or otherwise using copies of protected by law results of intellectual activity or parts thereof, as well as design elements, text, graphic images, illustrations, videos, software, and other objects of the Site, without the appropriate exclusive or non-exclusive rights to such use;

6.1.4. posting personal data, including contact information, of other Users or other persons without their prior consent;

6.1.5. disrupting the normal operation of the Site and its services;

6.1.6. posting links to Internet resources, the content of which contradicts the current legislation of Ukraine;

6.1.7. registering more than one account for the same person;

6.1.8. registering a User on behalf of or in place of another person (“fake account”).

6.1.9. taking actions aimed at destabilizing the functioning of the Site, attempting unauthorized access to manage the Site or its closed sections (sections accessible only to the Administration), as well as taking any other actions that may be considered a network attack;

6.1.10. using the Site for any commercial purposes beyond the permitted functional content of the Site services without prior permission from the Administration;

6.1.11. impersonating another person or a representative of an organization and/or community without sufficient rights, including as Site employees, the site owner, as well as using any other forms and methods of illegal representation of others on the network, and misleading users or the Site administration about the properties and characteristics of any subjects or objects;

6.1.12. uploading, storing, publishing, distributing, and providing access to or otherwise using any information (content) that:

6.1.12.1. contains threats, discredits, insults, defames the honor and dignity or business reputation or violates the privacy of other Users or third parties, or causes them other harm;

6.1.12.2. contains pornographic images and texts or scenes of a sexual nature involving minors, or offends morals;

6.1.12.3. promotes hatred and/or discrimination based on racial, religious, ethnic, gender, or social grounds, promotes fascism or ideology of racial superiority, violence, and cruelty;

6.1.12.4. contains extremist materials;

6.1.12.5. contains advertising (or is propaganda) of sexual services (including under the guise of other services);

6.1.12.6. explains the procedure for manufacturing, using, or otherwise using narcotic substances or their analogs, explosives, or other weapons;

6.1.12.7. promotes criminal activity,

6.1.12.8. is fraudulent;

6.1.12.9. violates other rights and interests of citizens and legal entities or the requirements of Ukrainian legislation.

6.1.13. uploading, storing, publishing, distributing, and providing access to or otherwise using unauthorized advertising information, spam (including search spam), lists of third-party email addresses, “pyramid” schemes, multi-level (network) marketing (MLM), Internet earnings systems, and email-businesses, “chain letters”, as well as using the Site services to participate in these activities, or using the Site services exclusively for redirecting users to pages of other domains;

6.1.14. uploading, storing, publishing, distributing, and providing access to or otherwise using any materials containing viruses or other computer codes, files, or programs designed to disrupt, destroy, or limit the functionality of any computer or telecommunications equipment or software, for unauthorized access, as well as serial numbers to commercial software products and programs for their generation, logins, passwords, and other means for unauthorized access to paid resources on the Internet, as well as posting links to the above information;

6.1.15. posting any other information that, in the personal opinion of the Administration, is undesirable, does not meet the purposes of creating the Site, or infringes on the interests of Users.

 

Warranties and Responsibilities of the Parties

7.1. The User guarantees that the placement of any information (materials) by them on the Site does not violate anyone’s rights and legitimate interests.

7.2. The User is personally responsible for any information they post on the Site.

7.3. The Site Administration undertakes to make all reasonable efforts to keep the Site operational, but does not guarantee continuous and uninterrupted operation of the Site and is not obliged to ensure its uninterrupted functioning.

 

Exclusive Rights to Content Posted on the Site

8.1. All objects posted on the Site (design elements, text, graphic images, illustrations, videos, software, and other objects), including elements of the Site’s design (hereinafter referred to as “Content”), are objects of exclusive rights of the Licensor, and all rights to these objects are protected. At the same time, databases and content uploaded by Users are objects of exclusive rights of the Licensee.

8.2. No Content may be copied (reproduced), processed, distributed, published, downloaded, transferred, sold, or otherwise used in whole or in part without the prior permission of the copyright holder, except in cases where the copyright holder has explicitly expressed consent to the free use of the Content by any person. The use of content, as well as any other elements of the services, is possible only within the functionality offered by the particular service. The use of elements of the content of the services, as well as any Content for personal non-commercial use, is not allowed. Exceptions are cases directly provided for by the legislation of Ukraine.

 

Other Conditions

9.1. All rights to the Site belong to the Site Administration.

9.2. The right to use the trade name, trademarks, domain names, and other distinguishing marks of the Site Administration may be granted only by a written agreement with the Site Administration.

9.3. The Site services may contain links to other sites on the Internet (third-party sites). These third parties and their content are not checked by the Administration for compliance with any requirements. The Administration is not responsible for any information, materials posted on third-party sites, which the User gains access to using the services, including any opinions or statements expressed on third-party sites, advertising, etc., as well as for the consequences of their use by the User.

9.4. A link (in any form) to any site, product, service, any information of a commercial or non-commercial nature posted on the Site is not an endorsement or recommendation of these products (services, activities) by the Administration, except in cases where this is explicitly indicated on the Site resources. The Administration is responsible for advertising placed on the Site services, within the limits established by the legislation of Ukraine.

9.5. Inquiries, suggestions, and claims of individuals and legal entities to the Site Administration may be sent to the email address: [email protected]

 

Final Provisions

10.1. These Rules are governed and interpreted in accordance with the legislation of Ukraine. Issues not regulated by the Rules are subject to resolution in accordance with the legislation of Ukraine.

10.2. In case of any disputes or disagreements related to the implementation of these Rules, the User and the Site Administration will make every effort to resolve them through negotiations between them. If disputes are not resolved through negotiations, they are subject to resolution in the manner prescribed by the current legislation of Ukraine.

 

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