User Agreement on KJ version 001 dated 21/05/2015
Terms of service for the Services and (or) Products and (or)
Software of KeyJay («KJ»).
1.1. Welcome to KeyJay, KeyJay provides to you KeyJay’s Services (as described below) in accordance to these Terms of Service («Terms»). The word of «You» in the text of these Terms it means the individual, as who uses KeyJay Services. «KeyJay» is mean English Club TV LTD (Company), except where a service is provided by other company of KeyJay Group; in such cases «KeyJay» will be appropriate company of KeyJay’s Group in relation to provided service, product or software Currently, these are all KeyJay Services which are provided on KeyJay website).
1.2. When using KeyJay Services, Products or Software, you can have an access to the services, products or software, which are provided by other companies of KeyJay Group and companies outside from KeyJay Group. KeyJay is not responsible for the services it does not provide you, the terms of service governing certain services it must always specify who exactly provides such services. You should always review the terms of service, which are applied to each of the services used by you, especially when you register for obtaining such service.
2.1. When using services of KeyJay , you agree to be bound by these Terms. These Terms also include the following rules and conditions:
2.2. You cannot use KeyJay Services and cannot accept the Terms, if you are the person prohibiting of using KeyJay Services in accordance with any applicable laws.
2.3. These Terms constitute a legally binding agreement between you and KeyJay in relation to using KeyJay Services by you. It is important for you to read carefully these Terms so You can always read the most current version of these Terms by clicking HERE.
3.1. KeyJay provides you a wide choice of online resources, including various communication search and information tools, public forums and services of social relations, information content, and various entertainment services.
3.2. KeyJay Services can include advertisements which are necessary for KeyJay to provide KeyJay Services.
3.3. KeyJay Services can include important notifications by KeyJay, such as announcements about services and administrative notifications. Such notifications considered to be a component of membership in KeyJay and you shall not be entitled to refuse to receive them.
3.4. In order to use KeyJay Services you must provide it at your own expense for all the necessary equipment and network connection
4.1 Hereby you agree to provide accurate and complete information about you, when so required in accordance with registration for using KeyJay Services (Registration Information) and to provide continuous updating of your Registration Information.
4.2 KeyJay will send to you username and password for keyJay and when you complete the registration process for using KeyJay Services. You will be responsible for keeping your password as confidential and for secure your account, Accordingly you will be only responsible for any actions taken with using your account. So you shall:
5.1. Security and privacy for the all users, particularly children, it is very important for KeyJay ,For this reason the parents wishing to allow their children to use KeyJay Services must help them to create accounts and supervise them to access to KeyJay Services, where If you allows to your child to access KeyJay Services as he/she will receive access for all KeyJay Services including online communities and social network services, and our policy does not allows to children under the age of 14 to get registration in KeyJay for use social network services provided byKeyJay.
5.2. Please, keep in mind that KeyJay Services are intended to interest of generate wide audience, Accordingly as the law considered a guardian , you responsible for determining whether one or another from KeyJay Service and the relevant information content which are appropriate for your child.
6.1. When using KeyJay Services, you can find the content of the user informatin (as described below), which you consider it as offensive, indecent or objectionable it.
6.2. KeyJay cannot guarantee the filtering explicit all such of the information content, please make sure that you can control work with KeyJay, we recommend to you check your KeyJay settings from time to time.
7.1. Registration Information and other information about you will be processed in accordance with our Policy.
7.2. KeyJay can access your information and your user’s content Information , save them and disclose it.
8.1. You are solely responsible for all the information, data, texts, software, music, sounds, photographs, graphic and video materials, messages, tags and other materials you provide to KeyJay. Here by you agree not to take any action within KeyJay Services, and not to present any information content of User to KeyJay, if it’s such actions or content information.
8.2 KeyJay is not obliged to control the content of User’s Information, KeyJay can reject or refer to other category or delete any content of User’s Information, accessible to which is obtained via KeyJay, and which violates the Terms or the objectionable by other ways. You should evaluate and bear all risks associated with using any User to the Information content by yourself, including terms of possibility of relying on accuracy,completeness or usefulness of any User to the Information Content.
8.3 KeyJay Services and the software used for them can include security components, which provide protection digital materials as The use of such materials is governed by the rules of stipulated in KeyJay or by organizations providing information content for KeyJay Services so You are not entitled try to avoid or not to comply with certain rules of the use established for KeyJay Services or Any unauthorized reproduction, publication, further distribution or public display of any materials presented in the KeyJay Services and it’s strictly prohibited.
9.1. Admitting the global nature of Internet, you hereby agree to comply with all applicable laws and regulations relating with behavior online and accepting content of User’s Information, when using any international KeyJay objects, you must follow the terms of service and applicable laws governing such KeyJay object.
9.2. If you use KeyJay Services to provide software, technologies or other technical data,which is governed by the laws of the relevant jurisdictions regarding imports and exports so You shall be liable to comply with all applicable laws and regulatory acts regarding imports and exports.
10.1. You retain to the copyright, the others who’s belong to you and your rights of User’s Information content that you provide through KeyJay, When you providing the content of User’s Information in publicly accessible areas of KeyJay, you grant the following licenses to KeyJay:
10.2. for pictures, graphic materials, audio and video materials provided by you in publicly accessible areas of KeyJay Services, you grant KeyJay the global compensation-free license (royalty) and non-exclusive license to use, distribute, reproduce, adapt, publish, translate, use for creating derivative works, for public performing and public displaying of User’s Information Content in KeyJay Services:
This license shall be effective as long as you continue to include the User’s Information Content into KeyJay Services, and shall terminate at the moment, when you or KeyJay company deletes the User’s Information Content from KeyJay.
10.3. With respect to the content information to any other user provided by the publicly that are accessible to global area services KeyJay where they are free of compensation (Royal) and non-exclusive license irreversible, which allows for the granting of any sub-licenses for an unlimited time period for the right to use, distribute and produce, adapt, publish, translate, use to create derivative overall performance of the people work and display user information content anywhere in the network KeyJay or with respect to any agreements on the distribution or sign contracts with organizations or other individuals at their site in any form and on any media, and now known or will be developed later in either the private information content by your personal data available to any user of the people and related to KeyJay can be represented in other sources of information.
10.4. «Publicly Accessible» areas of KeyJay Services are those areas, which KeyJay intends for public use. For example, publicly accessible areas of KeyJay Services will include parts of KeyJay Profiles, which are accessible both for registered users and visitors. But publicly accessible areas of KeyJay Services shall not include those sections of KeyJay Profiles, which are accessible for registered users only, as well as KeyJay Services intended to send private messages such as KeyJay messenger.
10.5. You are only responsible for any personal data and information you decide to disclose it or make it publicly accessible through any of KeyJay products, or KeyJay services , KeyJay is not responsible for disclosure of such personal data and information and for providing public access to them. Any personal data and information (or any other content of the User’s Information) placed in public areas may remain publicly accessible for unlimited time period.
10.6 Technical processing and transferring KeyJay Services, including your User’s content Information can be related to: (a) data transferring through various networks; and (b) changes intended to ensure compliance with technical requirements of the relevant networks and devices, and adaptation to such requirements. You grant this license in order to allow KeyJay to carry out the actions specified.)
11.1. If you represent ideas, documents and offers from KeyJay company, using web pages for sending offers or providing feedback, you agree that:
12.1. You are agreeing to indemnify KeyJay and its subsidiaries, affiliates, officers, agents, licensors, co-owners of brands and other partners and employees from and against all and any claims and demands, including those relating to all the expenses for payment of legal services provided by any third parties with reference to User’s Information Content that you submit or otherwise make available through KeyJay products and services, with reference to using KeyJay by you, or your connection to them, or violation of the Terms or any rights of other persons.
13.1. KeyJay can establishes general rules and restrictions concerning the use of KeyJay and its products and services, including those relating with the maximum number of days, for which communication messages or the content’s information for the another user will be stored with the maximum volume and quantity of User’s Information Content or communication and messages, which can be submitted from one account or can be obtained at one account as the maximum volume of memory provided in relation to one account, and the maximum number of times (and maximum duration) of your accessing to KeyJay services and products for a certain period of time.
13.2. KeyJay can change these general rules and restrictions.
14.1. Implementing innovations of keyJay on a constant basis to provide the highest level of servicing the users Accordingly, KeyJay can modify, interrupt, suspend or terminate any operation of KeyJay products and services on a temporary or permanent basis so We cannot inform you any advances about modifications or interruptions which it will be not associated with significant inconveniences for our users and will not significantly restrict the use of our products and services for example when creating additional features and functions or modifications of the registration procedure.
14.2. In accordance with Clause 22 we will inform you about important modifications or termination for Services and products of KeyJay, which will be known in advance and will be expressly related to significant inconveniences for our users and will considerably restrict the use services and products of KeyJay for long time.
14.3. If we should to make any modifications to comply with security requirements, requirements of the laws and regulatory authorities so we may fail to follow all the necessary procedures as well We will have to inform you of such modifications in other time period
You will be entitled at any time to cancel your account in KeyJay
15.2. KeyJay will be entitled, without notifying you to terminated restrict your access to your accounts about KeyJay services and products and any related KeyJay resources immediately including with the following reasons:
c Due to issue the unforeseen technical problems as well as security issues.
15.3. KeyJay will take the above mentioned decisions in its sole discretion KeyJay will not be responsible also for any losses you may incur result for the canceling your account or any associated e-mail address with access to KeyJay services and products.
15.4. Canceling of your KeyJay account can cause the following:
16.1. KeyJay will be entitled to sell and provide under license or specify any rights to advertisements from authorship attribution, links, the rights to the market promotion or distribution in connection with your content of the User’s Information, KeyJay will be entitled to retain all the proceeds from selling or providing under license of such rights to advertisements, authorship attribution, links, the rights to the market promotion and distribution.
16.2. Your relations and agreements with advertisers found it within KeyJay Services and Products or through them including participation in promotion at the market of goods and services and payment and delivery of goods and services as well as any other terms and conditions such as warranties and representations associated with relations and agreements which will concern you and relevant of advertiser To the maximum extent permitted by applicable law then you agree that KeyJay will not be liable for any loss or damage arising from such relations and agreements or in the result of the advertiser’s presence in KeyJay Services and Products.
17.1. KeyJay Services can include information content, applications and Services provided by external websites or resources, or links to such websites and resources («Externals of the Information Content») so that The Externals suppliers will be responsibles for any Externals Content’s Information such that External Information Content will be provided by them on their own terms. KeyJay cannot control an content of the External Information so will not provide approvals in relation to it and also will not be responsible for availability, accuracy or reliability of content External Information as well as for any losses you incurred result of relying on content External Information or the dispute which it can arise because an connection with content External Information of KeyJay Services which will be settled directly with external supplier.
18.1. KeyJay Services connection include any necessary software used in connection therewith (the «Software») contain proprietary and confidential information that is protected by applicable laws on intellectual property rights and other laws so Information content contained in advertisements or information, which you are accessed to through KeyJay Services and Products which is protected by laws on copyright, trademarks, service marks and patents, and other rights and laws, Except as expressly required by applicable legislation or permitted by KeyJay or appropriate licensor (e.g. an advertiser) you will not use, distribute, reproduce, adapt, publish, translate, let on lease publicly perform and publicly display KeyJay Services and Products, for any User’s Information Content or Software, or create derivative works based on them.
18.2. KeyJay grants you a personal, non-transferable and non-exclusive license for the right to use its Software at one device. But you do must not (and must not allow any other person) copy, adapt, decompile the Software, otherwise try to find any its source code, create derivative works based on the Software, sell, assign, grant it under sublicense, grant security rights or otherwise transfer any rights to the Software.
18.3. You do not have to access KeyJay Services otherwise than through the interface that is provided by KeyJay company for purposes of access to KeyJay Services and (or) Products, except in cases when KeyJay informs you by writing that you can do it.
19.1. KeyJay Services and Software are provided in their current form so KeyJay and subsidiaries of it, affiliates and licensors cannot given you any guarantees in respect of KeyJay Services and Software, in particular KeyJay and subsidiaries of it and licensors cannot provide representations, warranties and guarantees according to which:
19.2. Any provisions or other terms (including any implied terms relating to the possibility of sale, sufficient quality, and relevance for a particular purpose, provision of the services in accordance with a particular standard of reasonable care and skills, non-infringement of intellectual property rights or compliance with the description) are not applied as regards KeyJay Services or Software.
19.3. The provisions of the Terms do not affect your legal rights, which are always granted to you as a consumer, and which you cannot change (and which you cannot refuse from) by entering into appropriate contract.
20.1. KeyJay its subsidiaries, affiliates and licensors will not be responsible to you and shall not pay you compensation for financial losses or lost opportunities, prestige, reputation, loss of orders or revenues, lost profits or savings as you could receive as well as for waste expenses in connection with:
20.2. These restrictions shall be applied regardless of whether KeyJay was notified of the possibility of any loss, and whether it had to be aware of such loss.
21.1. The information obtained through KeyJay Services is provided for information purposes only and should never be used instead of recommendations of the skilled experts. Some kind of information that can be found in KeyJay Services and Products which can refer only to certain countries. The opinions expressed within the information and content of User’s Information in KeyJay Services and Products, represent the views of the relevant authors and do not reflect the opinions of KeyJay company.
21.2. If you use KeyJay Services and Products to obtain financial information, including that as regards the companies, stock quotes, investments or securities so please read again Clauses 19 — 20 above, the information obtained through KeyJay Services it should never be used instead of financial recommendations of the experts as No information or content of User’s Information in KeyJay Services is not intended for the purpose of making transactions or investing. KeyJay and its subsidiaries, affiliates or licensors shall not be liable for any financial, business or investment decisions made on the basis of such information.
21.3. The information obtained through KeyJay Services and Products, should never be used instead of medical recommendations of appropriate specialists, examinations, diagnosis or treatment. Before starting any new medical treatment or changing current procedure of treatment so you should always consult with your doctor or other health care specialists admitted to practice.
21.4. The information obtained through KeyJay Services and Products should never be used instead of juridical recommendations of the experts before performing any action that may affect your legal rights so you should always consult a qualified lawyer recognized to practice in the relevant jurisdiction.
22.1. You can communicate with KeyJay using the following contact details:firstname.lastname@example.org
22.2. KeyJay can send you a notification (for example, in respect of changes or other from terms of KeyJay) by various means including by e-mail, regular mail, in the form of text messages, via online notices on KeyJay or by other reasonable means.
22.3. If you violate these Terms to access KeyJay Services and Products in unauthorized manner so you will not receive notifications and You are agreeing that you considered to be the person who received all notifications which have been delivered by authorized manner it if you want to access to KeyJay Services and Products.
23.1. Trademarks, trade names, service marks of KeyJay and other logos, its corporate emblems and names of products and services of KeyJay are trademarks and property to KeyJay then You agree not to use KeyJay Marks in any manner, without prior written permit of KeyJay.
24.1. So Please report any violations to the Terms of KeyJay to Customer Service Department.
24.2. KeyJay respects intellectual property of others and we ask our users also to do the same so If you have reason to believe that any of your intellectual property rights have been violated in KeyJay so please notify us by writing immediately to the address email@example.com and provide all the possible accurate comprehensive data to notify us the problem which you faced.
25.1. KeyJay can amend these Terms in the future for various reasons, including for bringing to conformity with legislative amendments or changes to the Services and Products of KeyJay so We will send you prior notice of any significant amendments before they come into effect then Notices shall be provided in accordance with Clause 22 above.
25.2. If you are not agreeing with amendments in the Terms so you should immediately stop using KeyJay Services and Products or Software so that You will find current version of the Terms here.
26.1. The Entire Agreement with These Terms (including the above mentioned applicable rules for working online) constitute the entire agreement between you and KeyJay and govern your using to KeyJay Services and supersede all prior versions of these Terms between you and KeyJay with respect to Services, Software and Products of KeyJay so You will possibly need to comply with additional conditions, which can be applied when using some of KeyJay Services, or purchasing the relevant services, services of the partner or information content, or software supplied it by other organizations or individuals.
26.2. Choice the law and place of resolving dispute.
Please, refer to Clause 1.1 of these Terms to be informed that KeyJay company is responsible for providing the relevant KeyJay Services in the event when KeyJay Service is provided by KeyJay company and our relations with these Terms and any non-contractual obligations in the connection with them which it will be governed by the laws of Ukraine (UA) (mainly in the city of Dnepropetrovsk) and the courts of Ukraine (UA) are competent to resolve any disputes as regards these Terms or any related non-contractual obligations.
26.3. Neither you or we will be deemed party which it has waived any right under these Terms because of the failure in exercising or delay in exercising such a right If any provision of the Terms is found invalid by the court of competent jurisdiction so that the remaining provisions of the Terms will continue to be valid and enforceable in full force and effect.
26.4. Neither KeyJay nor you, can assign any of these Terms except that KeyJay is entitled to assign any of the Terms to the company which is a subsidiary or holding company of KeyJay, or subsidiary of such holding company. In such event we shall send you prior notice. Notices will be provided in accordance with the Clause 22 above.
26.5. If KeyJay or you, fail to exercise any provision of these Terms by reason of reasonable circumstances beyond our control, neither KeyJay, nor you will not be responsible for it, if such as circumstances continue strongly to be more than three months, KeyJay or you, can immediately terminate these Terms by sending written notice.
26.6. The titles of clauses herein are inserted it for convenience only and have no legal or contractual effect.
26.7. The word «including» in these Terms has meant not limiting __ relation with words which follow it.
26.8. Unless otherwise stated in these Terms so there are no third parties that which those are beneficiaries under this agreement.
26.9. Absence of the right to further effect and transfer.
Your KeyJay account is not a subject for transferring, and any rights to your login or information content at KeyJay within your account will be canceled in the event of your death. If we receive a copy of the death certificate, the relevant account can be canceled and all of its information content can be completely deleted.