Terms of Use
Please read these Terms carefully.
By accessing or using https://ruslan.rocks (the "Website"), you accept these Terms and agree to be bound by these Terms. Do not continue to use the Website if you disagree to be bound by the Terms stated on this page.
By using this website, you accept these Terms and affirm that you are older than 13 years.
These terms of use ("Terms") govern your access, outline the rules and regulations for the use of the ruslan.rocks website, products, and/or services (the "Website") and any information, content, text, graphics, photos and/or other materials appearing on or through the Website ("Content"). These Terms apply to all visitors, users, and others who access and use the Website (the "Users").
The following terminology applies to these Terms, Privacy Policy and Disclaimer:
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"You" and "Your" refers to an individual who uses the Website and is compliant with these Terms.
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"We", "Our", "Us" and "Ourselves" refers to ruslan.rocks.
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"Party", "Parties", or "Us" refers to both the You and ruslan.rocks.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they are taken as interchangeable and therefore referring to the same.
1. Changes and Variations
We may revise these Terms from time to time at our sole discretion, the most current version will always be at ruslan.rocks/terms. By continuing to access or use the Website, you agree to be bound by the Terms.
2. General Terms
You are responsible for your use of the Website. Your access to and use of the Website, and the extent of any such access and use, may be controlled at our sole discretion.
The Website is always evolving, and the form, nature, and/or functionality of the Website may change from time to time without prior notice to you.
Without prior notice, we may temporarily or permanently limit the Website's and Content's availability at any time, in whole or part, to any person, geographic area or jurisdiction we choose.
We also retain the right to create and/or modify limitations on usage at our sole discretion at any time without prior notice.
2. Privacy and Personal Information
Any information you have made available or may make available to us, or may be collected by us in connection with your use of the Website ("Your Information") will be collected, maintained and used in order to provide the Content to you.
Your Information may include but is not limited to, your name, email address, and any other information, including personal information.
You understand that, through your use of the Website, you consent to the collection and use (as set forth in these Terms, our Privacy Policy, and any other agreement entered into between you relating to the Website) of Your Information, including the transfer of Your Information to and/or from Australia and/or other countries for storage, hosting, processing, and/or other use by us.
By using the Website, you consent that we may use any or all of Your Information, including providing, maintaining, protecting and improving the Website.
If you have any questions regarding the privacy of Your Information, you may contact us at [email protected].
3. Cookies
The Website uses cookies. By accessing the Website, you agree to use cookies in accordance with our Privacy Policy.
The cookies allow us to retrieve the data for each user's visit. The Website uses cookies to enable the functionality of certain areas to make it easier for people visiting our website.
Some of our affiliate/advertising partners may also use cookies.
4. Intellectual Property Rights and Licence
Unless stated otherwise, all rights, title, and interest in and to the Website are, and will remain the exclusive property of us and/or its licensors who own the intellectual property rights for all material on the Website.
All intellectual property rights are reserved. You may access the Website for your own personal use subject to restrictions set in these Terms.
The Website is protected by copyright, trademark, and other laws of Australia and foreign countries.
Nothing within these terms gives you any right to use the ruslan.rocks name or any trademark, logo, domain name, or other distinctive feature of the ruslan.rocks brand.
Any feedback, comments, or suggestions that you may provide or make regarding ruslan.rocks are made entirely voluntary and without expectation of any obligation to you, and we shall be free to use such feedback, comments, or suggestion as it sees fit.
You must not:
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Republish any material from the Website
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Sell, rent or sub-license material from the Website
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Reproduce, modify, adapt, translate, duplicate or copy material and create derivative works of any iframed portion of the Website
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Redistribute content from the Website
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Remove, block, make invisible or in any other way hinder the operation of advertising included in the iframed portion of the Website.
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Remove, block, hide or in any other way hinder the performance of links in the iframed portion of the Website.
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Modify, create and/or add any layers above the iframed portion of the Website.
The Website reserves the right to discontinue an iframed portion of the Website at any time.
If you have any questions, please reach out to us at [email protected].
5. Third-Party Materials and Links
Certain Website functionality may make available access to information, products, services and other materials (including, without limitation, advertisements and promotional material) made available by third parties (including, without limitation, through techniques such as iFrames), including Submissions ("Third Party Materials"), or allow for the routing or transmission of such Third Party Materials, including via links.
By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials or any intellectual property rights therein.
Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms shall be deemed to be a representation or warranty by ruslan.rocks with respect to any Third Party Materials including, without limitation, any cookies or web beacons for whatever purposes pursued.
We have no obligation to monitor Third Party Materials. We may block or disable access to any Third Party Materials (in whole or part) through the Website at any time. In addition, the availability of any Third Party Materials through the Website does not imply our endorsement of or our affiliation with any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as Terms of Service or Privacy Policies of the providers of such Third Party Materials).
6. Privacy and Data
Our Privacy Policy explains how we collect, use, disclose, store and grant access to personal information.
Our Privacy Policy does not form part of these User Terms. However, we agree that we will not apply these User Terms in a way that directly conflicts with the provisions in our Privacy Policy.
We may create aggregated anonymised data sets of user activity in relation to our website, and you agree such data sets are exclusively our property.
6. Limitation of Liability
ruslan.rocks disclaims all warranties with respect to the Website and any products/services/Content and Third-Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.
All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of both ruslan.rocks and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the "Affiliated Entities"), and their respective successors and assigns.
Your access to and use of the Website or any Content are at your own risk, and you must comply with all applicable laws, rules and regulations in doing so.
You understand and agree that the content on the Website is provided to you on an "AS IS", "WHERE IS" and "AS AVAILABLE" basis, without any warranties of any kind, whether express, implied or statutory.
While we try to maintain the timeliness, integrity and security of the Website, we do not guarantee that the Website is or will remain updated, complete, correct or secure or that access to the Website will be uninterrupted.
The Website may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Website.
If you become aware of any such alteration, contact us at [email protected] with a description of such alteration and its location on the Website.
To the fullest extent permitted under applicable law, **the Affiliate Entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement. **
No advice or information, whether oral or written, obtained from any Affiliate Entities or through the Website will create any warranty not expressly made herein.
Both ruslan.rocks and its Affiliate Entities shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages of any kind under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of submissions (including an unauthorized interception by third parties of any submissions, resulting from:
**(i) your access to or use of or inability to access or use the Website; **
**(ii) any conduct or content of any Third-Party Materials on, through, or associated with the Website, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; **
**(iii) any content obtained from the Website; or **
(iv) unauthorized access, use or alteration of your transmissions or content.
Without limiting the foregoing, both ruslan.rocks and its Affiliate Entities shall not be liable for damages of any kind resulting from your use of or inability to use the Website or from any products or Third-Party Materials, including from any virus that may be transmitted in connection therewith.
Your sole and exclusive remedy for dissatisfaction with the Website or any products or Third-Party Materials is to stop using the Website.
**Our maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of the total amount, if any, paid by you to us to use the site but no more than $1 AUD (One Australian dollar) considering the use of the Website is free of charge. **
All limitations of liability of any kind (including in this section and elsewhere in this agreement) are made for the benefit of both ruslan.rocks and the Affiliated Entities and their respective successors and assigns.
6.1 Content Liability
The Affiliate Entities shall not be held accountable and/or responsible for any content that appears on our Website.
No link(s) on the Website may be interpreted as libellous, obscene or criminal or which infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.
6.2 DMCA Policy
Both ruslan.rocks and its Affiliate Entities take copyright infringement seriously and are committed to taking prompt action in response to any reported violations.
Email us at [email protected] to report any copyright issues related to any content on ruslan.rocks website. Every reported issue will be dealt with swiftly and efficiently, within 48 hours.
7. Indemnity
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold us and the Affiliated Entities harmless including their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys' fees) arising out of or relating to:
(a) your use of, or activities in connection with the Website; and
(b) any violation or alleged violation of these Terms by you.
8. Waiver and Severability
The failure of ruslan.rocks to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Assignment
You must not assign or novate your rights or obligations under these Terms.
We may assign and novate our rights and obligations under these Terms to any third party at any time.
9. Governing Law and Arbitration
These Terms and any action related thereto will be governed by the laws of Victoria, Australia without regard to its principles of conflicts of law, regardless of your location. You submit to the exclusive jurisdiction of the courts of Victoria, Australia in relation to any matters or disputes arising out of or in relation to these User Terms.
All disputes arising out of or related to these Terms or any aspect of the relationship between you and ruslan.rocks, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a Court by a Judge or Jury and you agree that you and ruslan.rocks are each waiving the right to trial by a Jury.
You agree that any arbitration under these Terms will take place on an individual basis, class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action.
10. Information or Complaints
If you have a question or complaint regarding the Website or its Content, please e-mail us at [email protected].
11. Copyright Infringement Claims
If you believe in good faith that materials that are available on the Website infringe your copyright, you (or your agent) may send us a written notice by e-mail requesting that we remove such material or block access to it.
Notices must be sent in writing by e-mail to [email protected].
12. Miscellaneous
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and ruslan.rocks.
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision.
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.
We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction.
No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in these Terms shall be construed as if followed by the phrase "without limitation."
These Terms, including any terms and conditions incorporated herein, is the entire agreement between you and ruslan.rocks relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and ruslan.rocks relating to such subject matter.
Notices to you (including notices of changes to these Terms) may be made via posting on the Website.
Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
ruslan.rocks will not be responsible for any failures to fulfil any obligation due to any cause beyond its control.